Organic Garden

LEASE AGREEMENT

ORGANIC GARDEN

THIS LEASE, made this ______day of ______, 200___, by and among Property Owner (hereinafter called "Landlord"), and Farmer. (hereinafter called "Tenant" or "Gardener");

WITNESSETH

PREMISES

1. Landlord, for and in consideration of the rents, covenants, agreements, and stipulations hereinafter mentioned, provided for and contained to be paid, kept and performed by Tenant, leases and rents unto Tenant, and Tenant hereby leases and takes upon the terms and conditions which hereinafter appear, the following described property (hereinafter called the "Premises"), to Wit:

That certain portion of property designated as The Gardens on the Final Subdivision Plat of land recorded in Plat Book XXX, Page XX , XXXX County, Georgia records and that certain portion of property designated as Future Gardens on the Final Subdivision Plat of land recorded in Plat Book 1] 3, Page X , XXXX County, Georgia records.

TERM

2. The Tenant shall have and hold the Premises for a term of two (2) years beginning on the first day of January, 2009, at midnight, unless sooner terminated as hereinafter provided.

3. Tenant agrees to pay to Landlord at the address as stated in this Lease, without demand, deduction or set off, an annual rental of $12.00, payable in equal monthly installments of $1.00 due by the 10th day of each calendar month during the term hereof. Upon execution of this Lease, Tenant shall pay to Landlord the first full month's rent due hereunder. Rental for any period during the term hereof which is for less than one month shall be a pro-rated portion of the monthly rental due.

LATE CHARGES

4. There shall not be any late charges associated with the rent payment.

UTILITY BILLS

5. Landlord shall pay all utility bills, including, but not limited to water, gas, and electricity bills for the Premises.

RULES AND REGULATIONS

6. Tenant agrees to perform and abide by those Rules and Regulations as may be made from time to time by Landlord. Prior agreement between Landlord and Tenant is required before any changes may be made to the Rules and Regulations that affect the operation of the garden by Tenant.

USE OF PREMISES

7. The Premises shall be used for organic gardening purposes only and no other. The Premises shall not be used for any illegal purposes, nor in any manner to create any nuisance or trespass, nor in any manner to vitiate the insurance or increase the rate of insurance on the Premises. Further, the use of the Premises shall at all times comply with the Declaration of Covenants, Conditions and Restrictions for the property, recorded in Deed Book XXXX, Page XXX, XXXX County, Georgia, as amended ("Declaration"); the Bylaws of the Association and Rules and Regulations of the Association; and in compliance of all laws. Tenant shall also have the right to use certain fixtures and equipment on Landlord's property, whether or not on the Premises, to assist with permitted uses of the Premises, to wit: a tractor, greenhouse, shed, cooler, and other tools and equipment to be designated by Landlord.

ABANDONMENT OF THE PREMISES

8. Tenant agrees not to abandon or vacate the Premises during the term of this Lease and agrees to use the Premises for the purposes herein leased until the expiration hereof.

BUSINESS AND MANAGEMENT

9. The Gardener shall have exclusive responsibility for managing the farm, both the income and expenses, pursuant to an annual business plan, which has been reviewed by the Gardens Committee (which is a committee established by the Landlord for the purpose of overseeing garden matters). The Gardener shall operate the business to the public under the trademark name “XXXXXXXX,” regardless of any other entity names the Tenant may use to operate legally. The Gardener shall create and present, both orally and in written form (one copy), an annual business plan to the Gardens Committee within 30 days of beginning her/his tenure as the Gardener. The Gardener shall present written and electronic quarterly reports to the chairperson of the Gardens Committee, including, but not limited to, data updates, current gardening plans, concerns and progress. The Gardener is responsible for maintaining and conveying to the chairperson of the Gardens Committee both hard and electronic copies of records regarding all aspects of Gardens, including, but not limited to, soil and water health and amendments used or needed, the garden growing cycle and its activities, and pertinent financial data. The Gardener shall assist the Gardens Committee in obtaining nonprofit status for Gardens if the Gardens Committee decides to pursue this status. The Gardener shall network with people and organizations related to organic gardening. The Gardener shall make reasonable efforts to acquire volunteer help on an “as needed” basis and will manage the work of the volunteers.

INDEMNITY INSURANCE

1. Tenant will not indemnify and save Landlord harmless against all claims for damages to persons or property by reason of Tenant's use or occupancy of the Premises, except as described in Paragraph 10 and 11 below. Tenant shall, during all times of this Lease and any extension or renewal thereof, and at all Tenant's expense, maintain in full force and effect comprehensive general liability insurance in the amount of $1 million. Tenant shall provide evidence of such insurance to Landlord prior to the commencement of the term of this Lease. Landlord shall during all times of this Lease and any extension or renewal thereof, maintain in full force and effect comprehensive general liability insurance to cover all of Landlord's potential liability due to Tenant's actions on the Premises; however, Landlord will not indemnify Tenant for any liabilities occurring in or about the Premises. Landlord and Tenant each hereby release and relieve the other, and waive its right of recovery, for loss or damage arising out of or incident to the perils insured against which perils occur in, on or about the Premises, whether due to the negligence of Landlord or Tenant or their agents, employees, contractors and/or invitees, to the extent that such loss or damage is within the policy limits of said comprehensive general liability insurance. Landlord shall, upon obtaining the policies of insurance required, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease.

REPAIRS AND MAINTENANCE

11. Landlord agrees to pay maintenance and repair costs for equipment and fixtures located on the property and owned by Landlord including but not limited to the irrigation system, well, greenhouse, cooler and underground utility and sewer pipes, as need arises from normal and usual use. Landlord shall not be responsible for repairs rendered necessary by the negligence or intentional wrongful acts of Tenant, its agents, employees or invitees.

The Gardener shall alert the Gardens Committee of any malfunction of the infrastructure of which the Gardener has specific knowledge. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant that Landlord is required to repair, and failure so to report such conditions shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of the delay in reporting. Tenant may, but is not required to, arrange for repairs of equipment owned by Landlord, provided the amount of each individual repair does not exceed $200 and the total amount of such repairs does not exceed $1,200 per calendar year. The Tenant is required to obtain the consent of Landlord prior to incurring a single repair cost in an amount greater than $200 or an annual repair cost in an amount greater than $1,200. If Tenant opts to arrange for such repair of equipment owned by Landlord, then Tenant shall submit invoices to Landlord on a monthly basis. Landlord shall reimburse Tenant for such expense within fifteen (15) days of receipt of such invoices.

The Gardener shall be responsible for mowing the perimeter of fields, the walking path around and through the gardens, and for keeping weeds mowed around the buildings, greenhouse, pump houses, and walk-in cooler. Maintenance of the roadway over the dam, around the pond, and extending from the shed to the mailboxes shall be the responsibility of the Landlord.

The Gardener shall provide the chairperson of the Gardens Committee with an inventory of tools and equipment owned by the Landlord for use at Gardens, which list shall be kept current. The Gardener shall, upon termination of the lease, return in good condition and repair to Landlord, all such tools and equipment.

Tenant accepts the Premises in their present condition and as suited for use as an Organic Garden. Tenant shall, throughout the initial term of this Lease and any extension or renewal thereof, maintain, at its expense, in good order and repair, any garden equipment owned by Tenant. Tenant agrees to return the Premises to Landlord at the expiration, or prior to termination, of this Lease, in as good condition and repair as when first received, natural wear and tear, damage by storm, fire, lightning, earthquake or other casualty alone excepted. Tenant will pay for any repairs to equipment or property caused by her/his negligence or intentional wrongful act.

ALTERATIONS

12. Tenant shall not make any alterations, additions, or improvements to the Premises without Landlord's prior written consent. Tenant shall promptly remove, at Tenant's expense, any alterations, additions, or improvements constructed in violation of this Paragraph 12 upon Landlord's written request. All approved alterations, additions, and improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord, free of any liens or encumbrances. Landlord may require Tenant to remove, at Tenant's expense, any alterations, additions or improvements made to the Premises with Landlord's consent at the termination of this Lease and to restore the Premises to its prior condition, but only if consent was explicitly conditioned upon agreement to remove the alteration, addition or improvement at the time of termination. Alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the termination of this Lease, except that Tenant may remove any of Tenant's machinery or equipment which can be removed without material damage to the Premises. Tenant shall repair, at Tenant's expense, any damage to the Premises caused by the removal of any such machinery or equipment.

REMOVAL OF FIXTURES

13. Tenant may (if not in default hereunder), prior to the expiration of this Lease, or any extension or renewal thereof, remove all fixtures and equipment which it has placed in the Premises, provided Tenant repairs all damage to the Premises caused by such removal.

DESTRUCTION OF OR DAMAGE TO PREMISES

14. If the Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, this Lease shall terminate as of the date of such destruction and rental shall be accounted for as between Landlord and Tenant as of that date.

GOVERNMENTAL ORDERS

1. Tenant agrees to comply with all requirements of any legally constituted public authority made necessary by reason of Tenant's occupancy of the Premises including but not limited to all applicable security, safety and zoning regulations.

CONDEMNATION

16. If the whole of the Premises, or such portion thereof as will make the Premises unusable for the purposes herein leased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the date when possession thereof is taken by public authorities. Such termination, however, shall be without prejudice to the rights of either Landlord or Tenant to recover compensation and damage caused by condemnation from the condemnor. It is further understood and agreed that neither the Tenant nor Landlord shall have any rights in any award made to the other by any condemnation authority notwithstanding the termination of the Lease as herein provided.

ASSIGNMENT AND SUBLETTING

17. Tenant shall not, without the prior written consent of Landlord, which shall not be unreasonably withheld, assign this Lease or any interest hereunder, or sublet the Premises or any part thereof, or permit the use of the Premises by any party other than the Tenant. Consent to any assignment or sublease shall not impair this provision and all later assignments or subleases shall be made likewise only on the prior written consent of Landlord. The Assignee of Tenant, at option of Landlord, shall become directly liable to Landlord for all obligations of Tenant hereunder, but no sublease or assignment by Tenant shall relieve Tenant of any liability hereunder.

EVENTS OF DEFAULT

18. The happening of any one or more of the following events (hereinafter any one of which may be referred to as an "Event of Default") during the term of this Lease, or any renewal or extension thereof, shall constitute a breach of this Lease on the part of the Tenant: (1) Tenant abandons or vacates the Premises for three (3) consecutive months; (2) Tenant fails to comply with or abide by and perform any other obligation imposed upon Tenant under this Lease; (3) Tenant is adjudicated bankrupt; (4) a permanent receiver is appointed for Tenant's property and such receiver is not removed within sixty (60) days after written notice from Landlord to Tenant to obtain such removal; (5) Tenant, either voluntarily or involuntarily, takes advantage of any debt or relief proceedings under any present or future law, whereby the rent or any part thereof is, or is proposed to be, reduced or payment thereof deferred; (6) Tenant makes an assignment for benefit of creditors; or (7) Tenant's effects are levied upon or attached under process against Tenant, which is not satisfied or dissolved within thirty (30) days after written notice from Landlord or Tenant upon or attached under process against Tenant, which is not satisfied or dissolved within thirty (30) days after notice from Landlord to Tenant.

REMEDIES UPON DEFAULT

19. Upon the occurrence of Event of Default, Landlord may terminate this Lease by giving written notice to Tenant. If the notice of termination of the lease is initiated by the Landlord due to Default there shall be no 90-day notification or waiting period. The Landlord shall take immediate possession of the assets of Gardens including, but not limited to cash, produce in the fields, produce in the cooler, seeds and soil amendments. The former Gardener shall surrender all records and keys.

EXTERIOR SIGNS

20. Tenant shall place no signs on the Premises except with the written consent of the Landlord. Any and all signs placed on the Premises by Tenant shall be maintained in compliance with governmental rules and regulations governing such signs and Tenant shall be responsible to Landlord for any damage caused by installation, use or maintenance of said signs, and all damage incident to such removal.

ORGANIC CERTIFICATION

21. Landlord will pay any fees associated with the maintenance of the Gardener's organic certification; however, the Tenant shall be responsible for maintaining such certification. Upon request by Landlord, Tenant shall produce evidence of organic certification issued by the appropriate authority. Not withstanding any of the above, Landlord may, at anytime, waive the requirement of organic certification. Along with the responsibility for maintaining organic certification, Tenant will maintain a composting program. Tenant will produce a variety of consumable produce which will be made available to residents of the neighborhood through a sales program utilizing a preseason subscription (such as Community Supported Agriculture program (CSA)), and/or through a sales program utilizing a garden stand on Landlord's property. The produce will be made available first to property residents and then, if quantity allows, to the larger community through CSA subscriptions, garden stand sales, farmers' market sales, wholesale sales, etc.

COMMUNITY ACCESS

22. Tenant will allow community members free access to the Gardens for the purpose of purchasing any such crops produced thereon. Tenant shall also have the right to sell food produced in the Gardens at market rates to the public to offset the expenses associated with the Gardens. Tenant shall ensure that any vehicular parking by visitors to the Gardens does not interfere with parking designated for use by residents. Residents shall also have the right to traverse portions of the Gardens along designated paths and nature trails. All access to the Gardens, however, shall be subject to any reasonable restrictions, to be determined by the Gardener, required for optimal growing conditions and for the safety of the Gardener and invitees.

EDUCATION AND OUTREACH PROGRAMS

23. Tenant may develop a community education and outreach program by itself or in partnership with the surrounding community and may offer tours and classes to people living outside of the community as well as to residents. However, written approval must first be obtained from the Gardens Committee before conducting tours, holding classes, or implementing a community education and outreach program that requires use of Landlord property or equipment.