6-Sample Agreement.docx

AGRICULTURAL OPERATIONS LEASE

City, State , hereinafter called “OPERATOR”.

WITNESSETH

WHEREAS, THE COMMONWEALTH OF PENNSYLVANIA, acting through the

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES hereinafter called

“DEPARTMENT”, under Section 1906(A) of the act of April 9, 1929, (P.L. 177), as amended, known as “The Administrative Code of 1929”, has the power and duty to supervise, maintain, improve, regulate, police, and preserve all parks belonging to the COMMONWEALTH; and, WHEREAS, certain areas acquired for use as state parks include land usable for agricultural purposes, particularly the production of crops such as corn, soybeans, small grains etc. as well as hay; and, WHEREAS, it is deemed to be in the best interest of the COMMONWEALTH in connection with DEPARTMENT’S work in the supervision, maintenance, improvement, regulation, policing, and preservation of the park in which certain of such lands are situated that such lands not lie unused with attendant secondary growth and that such lands be used for agricultural purposes under DEPARTMENT’S control until such time as such agricultural use is no longer deemed necessary or desirable; and, DRAFT 1

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WHEREAS, the land forming the subject matter of this AGREEMENT is such land for which agricultural use is deemed in the best interest of the COMMONWEALTH; and, WHEREAS, for the period relative hereto, the COMMONWEALTH of PENNSYLVANIA and the

COUNTY of MONTGOMERY entered into a Lease Agreement whereby the COMMONWEALTH leased to the COUNTY, Norristown Farm Park; and, WHEREAS, under the Lease Agreement, the COUNTY is to operate, maintain, and administer the leased premises; and, WHEREAS, the administration of the AGRICULTURAL OPERATIONS AGREEMENT is to be handled by the COUNTY.

NOW THEREFORE, the parties hereto mutually agree as follows:

1. COUNTY agrees that OPERATOR may use certain lands situated in NORRISTOWN FARM PARK, MONTGOMERY COUNTY for agricultural purposes only I.e., crop land, hay land pasturage, etc., said lands being designated/depicted on the Norristown Farm Park Map attached hereto as Exhibit “A” hereinafter referred to as “PARK, PREMISES and/or SITE”, all of which are subject to the covenants, conditions, and stipulations herein set forth.

2. The term of this AGREEMENT shall be from January 1, 2027 to December 31, 2027. The execution of this AGREEMENT shall replace any existing prior agreement written, verbal or otherwise. OPERATOR is advised (as per the State/County Lease Management Agreement for the Norristown Farm Park), that should the State/County lease agreement terminate for any reason during the life of this AGREEMENT, that “the BUREAU agrees to use good faith efforts to first explore and reach a mutually acceptable replacement lease agreement with any organization that has an existing sub-lease from the County. If the BUREAU determines at any point in its discretion that negotiations with a COUNTY sub-lessee have been unsuccessful, said sub-lessee, with proper written, notification from the BUREAU, shall vacate the park within six (6) months, or do so sooner if a lease with another party is executed …”

3. During the operation under this AGREEMENT, COUNTY shall routinely review the terms and conditions of said AGREEMENT to ensure OPERATOR compliance. COUNTY shall formally review OPERATOR’s performance while this AGREEMENT is in effect preferably in September, thereby allowing ample time for the resolution of performance issues and the harvest of standing crops. As warranted, COUNTY shall notify OPERATOR in writing as to its perceived findings identifying matters such as non-compliance, lack of performance and/or breach of contract. Upon notification, OPERATOR shall have 30-days (in the event of an emergency), 90-days for non-emergencies in which to comply and/or resolve said matters as indicated by COUNTY. In the event OPERATOR fails to adequately address said concerns within the specified time frame, COUNTY may terminate said AGREEMENT with OPERATOR without consideration to OPERATOR or COUNTY may by mutual agreement of the parties hereto, grant a reasonable extension of time to allow for corrective action/compliance leading to the continuance of said AGREEMENT.

4. The estimated acreage of leased land as calculated by the Natural Resources Conservation

District is 376+/- acres of tillable cropland and 29.9 acres of hay land, as illustrated in Exhibit “B”.

The total annual operation fee for the cropland is based on a rate of $ /acre for the tillable cropland and $ /acre for the existing hay lands. The Agricultural Operation Lease includes this as a total parcel bid. The OPERATOR agrees to pay to COUNTY at its office in the Norristown Farm Park, 2500 Upper Farm Road, Norristown, PA 19403, an annual operations fee of $ Payment of said operations fee to be made, AT THE OPERATOR’S choice, by either of the following methods:

A. Partial Payment Method:,

(1) Ten percent (10%) by January 1, 2027.

(2) Forty percent (40%) by August 1, 2027.

(3) Fifty percent (50%) by December 1, 2027.

B. Full Payment Method:

The full Agricultural Operations Fee for 2027 upon execution of AGREEMENT.

5. Any operations fee which may become due (from OPERATOR to COUNTY) and which is not paid on or before the due date shall bear interest at 18% per annum until paid, computed from the due date, or the first business day thereafter, should the due date fall on a weekend or holiday. This percentage is subject to change by COUNTY, with COUNTY giving prior written notice. Such change will be consistent with changes in the interest rate by major lending institutions. This provision is in no way a waiver of OPERATOR’S obligation to make payments when they are due.

6. OPERATOR further covenants and agrees to furnish and keep in full force and effect, during the term of this AGREEMENT, security made payable to the COUNTY OF MONTGOMERY in the amount of the annual operating fee, $ either by cash deposit, irrevocable letter of credit, or another form acceptable to COUNTY, conditioned for the full performance of all the covenants and stipulations contained in this AGREEMENT.

7. It is understood and agreed that any crops planted by OPERATOR shall be at OPERATOR’S own risk and that after the expiration of the term of the AGREEMENT, OPERATOR shall have no right to harvest crops or enter on the premises to haul away crops unless expressly agreed to by both parties in writing. No sale of sod, turf, topsoil or firewood shall be permitted. The agricultural use of the land area encompassed by this AGREEMENT shall be in accordance with the recommendations of the USDA, Natural Resources Conservation Service (NRCS) and/or its designee and shall be reflected in the Soil Conservation Plan prepared exclusively for this site, attached hereto to as Exhibit “C”.

8. OPERATOR agrees that, prior to the termination of said AGREEMENT, it will, according to current NRCS Standards/ Pennsylvania Clean Stream Laws, cause the soil of the tracts herein designated to be placed in a tillable condition and will then plant said tracts in an appropriate cover crop as designated by the Soil Conservation Plan for this site. An extension of time in which to do so, may be granted by the COUNTY if unseasonal weather or soil conditions temporarily prohibit this work prior to termination.

9. COUNTY reserves the right of ingress and egress over the premises for its several purposes and responsibilities associated with the administrative and the development of Norristown Farm Park. COUNTY reserves the right to terminate this AGREEMENT at any time by giving OPERATOR ninety (90) days written notice so that he/she will have sufficient time to complete his/her operations or removal of crops, whichever the case may be.

10. OPERATOR agrees not to assign this AGREEMENT or to enter into any other agreement, written or oral, with respect to use of the premises or any portion thereof except by written consent of COUNTY, nor shall he/she enter into any agreement with any agency of the Federal Government whereby he/she is compensated for not cultivating said premises. COUNTY reserves the right, upon written notice, to assign COUNTY’S rights hereunder to a third party.

11. OPERATOR agrees not to do, or suffer to be done, any waste, damage, or destruction to the premises, with the exception of ordinary wear and tear. OPERATOR shall be responsible for all repairs which result from negligence, misuse, abuse, or carelessness, and shall, at his/her expense, keep the premises clean and sightly at all times.

12. OPERATOR further agrees that he/she will amicably cooperate with COUNTY’S resident occupants, if any, and where water, electricity, and access roads are involved, contributing its fair share of maintenance and operating costs where said facilities are used in connection with its agricultural operations.

13. All farm fields shall be accessible via internal roadways and/or trails. This AGREEMENT does not grant OPERATOR use of the park’s woodlands, wetlands, stream corridors, wildlife sanctuaries, recreational areas, building parcels, paved surfaces (other than for access), municipal compost sites, etc. All regulatory signage/postings shall be observed.

14. All hay land shall be mowed at least one time annually. All crop fields shall be tilled annually; “tilled” includes conventional, limited and/or no-till methods or a combination there of All fields, fallow and/or post-production shall be maintained in a tillable condition. The use of cover crops to stabilize the soil is recommended. Wherever possible, all crop fields shall be planted to a crop annually. In addition, all field borders, waterways, diversions, warm season grass lands, etc. shall be mowed between July 20th and August 10th to protect ground nesting species. Areas with high concentrations of Canadian Thistle and/or other invasive plant species shall be addressed annually (in season), before said plants go to seed.,

15. OPERATOR understands that the site currently offers no accommodation for the housing of livestock. Requests of this nature would necessitate that provisions be added to this lease addressing shelter, fencing requirements etc. In addition, an approved manure management plan would have to be developed and submitted for COUNTY approval.

16. OPERATOR shall promptly report to the Park Supervisor all activity within the park, which comes to OPERATOR’S attention, which is inimical to the proper supervision, maintenance, improvement, regulation, policing, and preservation of the park including, but not being limited to, the following: fire, vandalism, criminal conduct, and violation of park rules and regulations.

17. COUNTY will not permit the use and/or application of sewage sludge (Humanure), on the park’s agricultural fields.

18. OPERATOR understands and agrees that no buildings/machinery and/or grain storage facilities etc. are included in the current AGREEMENT/agricultural lease. In addition, OPERATOR shall not erect any permanent and/or temporary structures (including signage) on site without the expressed, written consent of the COUNTY. All building improvements and/or permanent structures erected shall become property of the COUNTY (and ultimately the Commonwealth), upon expiration and/or termination of existing AGREEMENT. COUNTY shall permit OPERATOR to remove temporary structures which have been purchased by OPERATOR and, only that which can be satisfactorily documented as being the rightful property/possession of said OPERATOR.

19. Liaison between the OPERATOR and COUNTY with regard to this Agricultural Operation Agreement will be handled by the COUNTY Park Supervisor who will observe day to day operations to ensure overall compliance and effectiveness of the terms of the lease and the practices implemented. In addition, the Park Supervisor will address (in writing) matters of park and/or public concern should they arise.

20. OPREATOR agrees to implement the Soil Conservation Plan for this site as part of this

Agreement in conjunction with one, or a combination of the following agencies/entities: The Natural

Resources Conservation Service, the Montgomery County Soil Conservation District, or a certified Technical Service Provider as may be found on the NRCS web page. OPERATOR agrees that it has provided a copy of the approved plan to COUNTY.

In conjunction with the Soil Conservation Plan, OPERATOR shall construct and maintain all waterways, diversions and/or erosion and sedimentation controls etc. within the Park as required by the Natural Resources Conservation Service (NRCS), the Montgomery County Soil Conservation District (MCSCD) and /or the COUNTY. Work undertaken and completed in accordance with the provisions of the Park’s Soil Conservation Plan may be credited toward a portion of the annual farm lease. Additionally, OPERATOR shall be required to attend an annual Agricultural Operations Agreement (AOA) meeting to review/update current conservation practices either proposed and/or undertaken. Said meeting will be held at Norristown Farm Park during the month of September and shall include the following: The OPERATOR, the COUNTY Parks, Trails and Historic Sites Park Administrator, the Norristown Farm Park Supervisor, a representative from Department of Conservation and Natural Resources, Bureau of State Parks, an Agent of the USDA National Resources Conservation Service and/or a Representative of the Montgomery County Soil Conservation District either of which shall be charged with oversight of the Soil Conservation Plan.

21. OPERATOR shall not operate a farmer’s market on site unless approved by the COUNTY, in writing.

22. Amendment of any terms or conditions of this AGREEMENT, leased real estate, fees or rules and regulations shall be approved in writing and executed by signatures of all parties to this agreement.

23. The OPERATOR shall furnish all work stock, machinery, fertilizers, seed and other farm equipment and materials necessary to farm the leased premises and to meet the goals of the Soil Conservation Plan once developed and approved.

24. The OPERATOR has inspected and knows the condition of the leased property, and it is understood that the same is hereby leased without any representation or warranty by the COUNTY whatsoever, and without obligation on the part of the COUNTY to make any alterations, repairs, or additions hereto.

25. All portions of the leased property shall at all times be protected and maintained in good order and condition by and at the sole expense of the OPERATOR as noted in the Soil Conservation Plan.

26. OPERATOR shall comply with all applicable laws ordinances, and regulations of the state, county and municipality wherein the said demised premises are located, with regard to construction, sanitation, licenses or permits to do business, and all other matters.

27. The use and occupation of the premises leased hereby shall be subject to the general supervision and approval of the COUNTY. Attached, Exhibit “E” Rules and Regulations of the Montgomery County Park System, as amended, are for compliance by OPERATOR.

28. OPERATOR agrees that all agricultural equipment/agricultural commodities shall be stored in designated areas only after, the OPERATOR has received prior, written authorization from the COUNTY. It is further understood that the COUNTY will not unduly withhold approval where such storage is necessary. The storage of non-agricultural items and/or equipment is strictly prohibited.

29. OPERATOR understands and agrees that no archaeological remains or objects of historical or scientific value shall knowingly be disturbed. All objects of archaeological, historical or scientific value found on the land by the OPERATOR shall be turned over to the COUNTY immediately.

30. OPERATOR agrees that no trees shall be removed or cut unless approved in writing by the COUNTY. Once authorized, OPERATOR may trim and clean but shall not remove fence rows. OPERATOR will prevent, at his/her expense, any and all encroachment of existing woodland edges into the farm fields and will endeavor to reclaim farmland along existing woodland edges.

All brush generated in the clearing of field borders may be chipped and/or incorporated into brush piles for the benefit of the park’s wildlife. No firewood may be sold and/or transported off site.

32. OPERATOR understands and further agrees that the leased agricultural areas shall be subject to periodic inspections by COUNTY, to ensure that the leased premises is kept in a neat and orderly condition, at all times. No trash, garbage and/or unsightly or offensive material shall be allowed to accumulate.

33. A soil test shall be performed by the OPERATOR at the onset/award of the contract. The results of which shall be provided to COUNTY. OPERATOR shall apply at his/her expense, lime/fertilizer based upon the test results. OPERATOR shall maintain a record of dates with receipts and notes of application rates and amounts of all fertilizer, herbicides, and pesticides, which should be made available to COUNTY upon request for inspection.

34. OPERATOR agrees that no fence shall be installed without the prior written approval of COUNTY. No approval will be given to erect any fence that, in the judgment of COUNTY, is not reasonably harmonious with the scenic and historical character of the park.

35. OPERATOR understands and agrees that all pesticides used shall be approved by

COUNTY and shall be used in accordance with the recommendations of the U.S.D.A. and the P.D. A.

OPERATOR shall notify COUNTY before spraying. Additionally, OPERATOR shall provide

COUNTY with a list of chemicals used along with their application rates.

All chemicals shall be properly secured before, during and after use without exception.

OPERATOR when spraying shall take into account the needs of the adjacent organic farming operation and shall work to lessen and/or mitigate drift, residue and potential cross contamination issues, wherever possible. In lieu of synthetic herbicides/pesticides, COUNTY encourages the use of the following: Integrated Pest Management, mechanical cultivation, crop rotation, non-synthetic fertilizers, bio/microbial pesticides, etc. or a combination of the above.

The use of sustainable farming practices is encouraged. Whenever possible, the application of herbicides, pesticides, etc., should be applied “afterhours” as a public safety precaution.

36. COUNTY assumes no responsibility for crops on the leased land nor is liable for any damage to said crops caused by humans, animals of any species, vehicles, infestation, storm, fire, or because of any other reason. OPERATOR acknowledges that some wildlife (particularly deer), may adversely impact agricultural operations. To mitigate this concern (and in conjunction with the parks whitetail management program/annual controlled hunt), OPERATOR may, as permitted by the Pennsylvania Game Commission, request in writing that he/she be allowed to harvest deer to further reduce crop damage. The harvest of any deer shall require that COUNTY authorize the OPERATOR to do so in writing. In addition, the harvest of any animal for crop damage shall only take place while the park is closed, pursuant to the notification of COUNTY, the Pennsylvania Game Commission and/or their designee and the surrounding municipalities that comprise the Norristown Farm Park.

37. COUNTY reserves the right to withdraw any amount of land needed for recreation, wildlife protection, forestry or agricultural research, erosion control or other purpose. In the event of withdraw; the OPERATOR shall be given 90 days written notice (unless an emergency dictates, so that he/she will have sufficient time to complete his/her operations or remove crops which ever be the case. Upon withdrawal, the leased acreage shall be revised and the lease payment recalculated; accordingly.

38. COUNTY further reserves the right to implement at any time additional stipulations, guidelines and/or requirements not specifically addressed herein, as regulatory policies/guidelines etc. evolve and/or dictate. OPERATOR’S needs and/or present circumstances shall be taken into account where/whenever possible prior to implementation.

39. OPERATOR shall at all times hereafter indemnify and save harmless the COUNTY and COMMONWEALTH from and against any and all detriment, damage, loss, claims, demands, suits, and expenses not herein provided for, which the COUNTY and COMMONWEALTH may suffer, sustain or be subjected to directly or indirectly, by reason of the operation, management, or exercise of any of the provisions herein.

40. It is further agreed that if OPERATOR shall become insolvent, make an assignment for benefit of creditors under Chapter 11 of the Bankruptcy Act or otherwise, commit any act of bankruptcy, file a voluntary petition in bankruptcy or there is a judgment attached or executed against the property of OPERATOR and OPERATOR cannot demonstrate or prove the ability to continue to comply with the terms of this AGREEMENT, all the operations fee reserved for the full term of this AGREEMENT shall become due and collectible immediately by distraint or otherwise and the real property occupied, if any, shall be immediately surrendered to COUNTY.

41. The Prothonotary or any Attorney of any Court of Record of Pennsylvania is hereby authorized to appear for and to confess a judgment against OPERATOR and in favor of COUNTY for the whole amount of said operations fee as hereinbefore set forth and 15% Attorney’s Commission.

42. OPERATOR hereby waives the usual notice to quit, and agrees to surrender said premises at the expiration of said term or the termination of this AGREEMENT without any notice whatsoever, and upon any proceeding instituted for the recovery of said operations fee, either by distress or otherwise, OPERATOR waives the benefit of all appraisement, stay and exemption laws, the right of inquisition on real estate and all bankruptcy or insolvency laws now in force or hereafter passed.

43. Upon breach of any of the conditions of this AGREEMENT by OPERATOR, OPERATOR hereby confesses judgment in favor of COUNTY for any charges for fees due to COUNTY, including the fees of the unexpired term and/or any portion thereof, as hereinabove provided and waives the benefit of all appraisement, stay and any exemption laws of the COMMONWEALTH, as well as the right of inquisition on real estate and authorizes and empowers COUNTY to terminate the AGREEMENT and to collect as well the operations fee due thereon, an Attorney’s Commission of fifteen percent (15%), and all cost of collection.

IN WITNESS WHEREOF, the parties hereto have signed and sealed these presents the day and year first above written.

ATTEST: MONTGOMERY COUNTY

County Solicitor

OPERATOR

BY: ______________________________

EXHIBIT “A”

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