Land Share Agreement
Land Share Agreement
IHartHarvest Inc., CHARITABLE CROP SHARE AGREEMENT - V:2.4a
The Potato Project is a Unique Ministry Addressing Local Hunger Issues.
1. GENERAL LAND USE AGREEMENT
A. This Agreement consent is designed to provide the Donor(s) and IHartHarvest Inc., (IHH, AKA: “The Potato Project”) with a guide for developing an understanding agreement fitting our individual situation. This form is not intended to take the place of any legal advice pertaining to contractual relationships between we parties. It is simply a document stating intent and what is generally expected between the parties.
B. Volunteering and allowing IHH to use any property (facility/property/land) in pursuit of purpose, constitutes acceptance of the General Land Use Agreement.
C. The Donor(s) shall indemnify and hold harmless IHH from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement.
D. No one shall obfuscate, add or detract, any part of this Agreement, and any such shall not null, void, or change this original Agreement.
2. PARTIES INVOLVED
This Agreement is understood and entered into between, landlord land donor IE: Owner and or Caretaker of the land and or property being allowed for use and, IHartHarvest Inc. (IHH), as a guest tenant, hereafter known as the landlord and the tenant, respectively. Granting access by the Landlord to the land and or farm to IHH for the purposes as described below constitutes execution and understanding of this General Agreement as posted and as may be amended from time-to-time effective February 10, 2012.
3. PROPERTY DESCRIPTION
The landlord hereby agrees to and for the IHH, to occupy and use for agricultural and related purposes of the Charity IHH, the property consisting of acres in Pennsylvania with all improvements thereon accept as follows: LAND AS DESCRIBED, IF AND AS NECESSARY:
4. GENERAL TERMS OF THE AGREEMENT
A. Time period covered. The provisions of this agreement shall commence on this FIRST day of FIRST (month) of the CURRENT year:
B. This Agreement shall continue in effect from year to year thereafter unless written notice of termination is given by either party to the other, at least 30 days prior to the anniversary date of the Agreement in any year of continuation.
C. Amendments and alterations. A written request is required for general review of the Agreement or for consideration of proposed changes by either party 90 days prior to the anniversary date of the Agreement in any year of continuation. Amendments and alterations to this Agreement shall be (1) in writing, (2) approved by both the landlord and the tenant, and (3) attached to all copies of the Agreement as deemed necessary.
D. No partnership intended. It is particularly understood and agreed that this Agreement shall not be deemed to be nor intended to give rise to a specific partnership relation. Neither party shall have the right to bind the other without agreeable written consent.
E. Transfer of property. If the landlord should sell or otherwise transfer title to the land and or farm, the landlord will do so subject to the reasonable provisions of this Agreement and any crop or IHH property within the Agreement and growing season.
F. No right to sublet. The landlord does not convey to the tenant the right to lease or sublet any part of the land or farm or to assign the Agreement to any person or persons whomever.
G. Binding on heirs. The provisions of this Agreement shall be binding upon the heirs, executors, administrators and successors of both the landlord and the tenant in like manner upon the original parties except as provided by mutual written consent.
H. Compensation for crop expenses in event. The landlord shall reimburse the tenant at the termination of this lease for field work completed and for other crop costs incurred and the average perspective value for crops to be harvested during the planted season year. Unless otherwise mutually agreed, current custom rates for the operations involved shall be used as a basis for settlement.
I. It is understood that the landlord shall not interfere in the methods performed by IHH in the production of crops, nor restrict in any manor any IHH methods.
J. Each party shall indemnify and hold harmless the other, against any and all sundry related actions and activities.
5. AMOUNT AND PAYMENT OF RENT
A. The parties agree and understand that the land is donated for charitable use and no pay as rent for the use of the land and no share of crops is tenderable, as the crops are intended to support the direct and indirect charity activities of IHH in benefit of neighbors in need. The tenant also agrees to furnish all labor, machinery, and cash operating expenses except for any pre-agreed landlord's share.
B. Additional agreements in regard to any rental or payment are: (NONE)
A. The costs of establishing hay or pasture, new conservation structures, or improvements are not the responsibility of the tenant.
B. The tenant agrees to provide the unskilled labor necessary to maintain the land or farm and its maintenance during IHH tenancy in as good reasonable condition as it was at the beginning, excluding but not limited to normal wear and tear, and catastrophes. Normal wear and depreciation and damage from causes beyond the tenant's control are expected and accepted. The landlord agrees to furnish all materials and skilled labor needed for normal maintenance and repairs to the land, farm, and its improvements outside of the normal activities of IHH uses of the land. The landlord shall pay for material purchased by the tenant for any such maintenance and repairs necessary as both parties are made aware, except as otherwise agreed upon. Reimbursement shall be made within 45 days after the tenant submits the bill.
C. The tenant shall not (1) erect or permit to be erected on the land any non-removable structure or building; (2) incur any expense to the landlord for such purposes; or (3) add electrical wiring, plumbing, or heating to any building without consent of the landlord.
D. The landlord shall replace or repair as promptly as possible any dwelling or any other building agreed to be regularly used by the tenant that may be destroyed or damaged by fire, flood, or other cause beyond the control of the tenant, if needed as pre-agreed.
E. The tenant may make minor improvements of a temporary or removable nature, which do not mar the condition or appearance of the land and or farm, at the tenant's expense. The landlord agrees to let the tenant remove such improvements even though they may be legally fixtures, at any time this Agreement was in effect and within reasonable time thereafter.
7. OPERATION AND MAINTENANCE OF THE LAND AND OR FARM
A. The tenant agrees to control soil erosion as completely as practicable; to keep in good repair all terraces, open ditches, and drains; and to preserve all established water sources.
B. The tenant agrees to not plow permanent pasture, cut live trees for sale or personal use, take any permanent non-crop related material, or pasture new seedlings of legumes and grasses in the year they are planted.
C. The tenant agrees to farm the land in such a manner as meets government agency (such as Natural Resource Conservation Services and Consolidated Farm Services Agency) regulations. When as known, the land and or farm is covered in a cooperative agreement between the landlord and Soil Conservation District, and the tenant agrees to operate the land and or farm in accordance with the complete soil conservation and land use plan prepared under said cooperative agreement.
D. The landlord shall replace or repair as promptly as possible the dwelling or any other building agreed upon as regularly used by the tenant that may be destroyed or damaged by fire, flood, or other cause beyond the control of the tenant, if needed.
8. ARBITRATION AND DIFFERENCES
A. Any differences between the parties as to their rights or obligations under this Agreement that are not settled by mutual agreement after thorough discussion shall be submitted for arbitration to a committee of three disinterested persons, one selected by each party hereto and the third by the two thus selected. The committee's decisions shall be accepted by both parties.
B. If either party willfully neglects or refuses to carry out any material provision, the other party shall have the right, to terminate the Agreement. Written notice shall be given to the party at fault specifying the violations of the agreement. If violations are not corrected within 45 days, the Agreement may be terminated.
9. RIGHT OF ENTRY
The landlord reserves the right, in person or by agent, to enter the land and or farm at any reasonable time to: (1) consult with the tenant; (2) make repairs, improvements, and inspections; and (3) after written successful notification of termination of the Agreement, do plowing, seeding, fertilizing, and any other customary seasonal work, not of which is to interfere with the tenant's ability to carry out regular farm land operations. IHH and or its Agent is granted and given the unobstructed right of access, to enter the land and or farm at any reasonable time IHH deems reasonable and necessary, and shall be made aware of any event which may occur which IHHs operations may disrupt, as to allow a reasonable decision about the plan of activities and access to the land or farm, as not to be unreasonably disruptive to such an event held by the landlord, as IHH may determine. Landlord shall understand that people, and all that they include, will come and participate in events such as scheduled Harvest Sessions held on the land and or farm, for the purpose and activity toward the harvesting crops.