1 LEASE AGREEMENT THE STATE OF ALABAMA HOUSTON COUNTY This lease executed in Houston County, Alabama, on this the day of, 201, by and between HOUSTON COUNTY, ALABAMA, BY AND THROUGH THE HOUSTON COUNTY COMMISSION, hereinafter referred to as Landlord, and, hereinafter called Tenant. WITNESSETH: That the Landlord does hereby demise, let and lease unto the Tenant the following described premises in Houston County, Alabama, to-wit: SEE EXHIBIT 1, ATTACHED HERETO WHICH IS INCORPORATED HEREIN BY REFERENCE AS IF FULLY SET FORTH. for use and occupancy only as necessary to cultivate said property for row crop purposes and not otherwise for and during the term to-wit: from the 1st day of January, 201, to the 31st day of December, 201, and covenants to keep Tenant in quiet possession of the premises during said term, provided Tenant shall comply with all the provisions, conditions and stipulations of this lease. Notwithstanding anything herein to the contrary or that could be construed to the contrary, Landlord shall have the right to terminate this Lease Agreement upon the giving of thirty (30) days written notice to Tenant if Landlord in its sole judgment and discretion finds that the premises described herein is needed for industrial or economic development purposes; provided however, if the Landlord exercises this thirty (30) day right to terminate this Lease Agreement, Landlord agrees to refund to Tenant the then current year's rent paid to Landlord by Tenant. Said refunded rent shall not exceed one year's rent actually paid by Tenant. 1. Rent. Tenant agrees to pay Landlord the sum of ($.00) lawful money of the United States of America, PER CULTIVATABLE ACRE AS DETERMINED BY AND IN THE SOLE DISCRETION OF Landlord with the payment of the total sum to be paid before any cultivation begins. This lease agreement covers 50 3/10 of cultivatable acres for a total charge of $. Should Tenant fail to diligently and in good faith pursue row crop farming operations on said property, this agreement may be terminated at the option of the Landlord.
2 2. Holding Over. In the event that by reason of the holding over of a prior occupant or for any other cause beyond the control of Landlord the latter shall be unable to give Tenant possession of the Premises on the date herein provided, then Landlord shall not be liable in damages to Tenant by reason thereof and during the period that Landlord shall be unable to give Tenant possession all rights and remedies of both parties hereunder shall be suspended. 3. Use of Premises. The Premises during the Term of this lease shall be used and occupied solely for the purpose stated in the preamble and Tenant shall not use or permit the same to be used for any other purpose or purposes without the prior consent of Landlord. Tenant at all times shall fully and promptly comply with all laws, ordinances, orders, and regulations of any lawful authority having jurisdiction of said Premises, but not limited to such as shall relate to the cleanliness and safety. Tenant will not commit any waste of property, or permit the same to be done, and will take good care of said Premises at all times, and will not by any act or omission render the Landlord liable for any violation thereof. 4. Examination of Premises and Environmental Indemnity. a. Tenant shall examine the said Premises before taking possession and Tenants entry into possession shall constitute conclusive evidence that as of the date there of the said Premises were in good order and satisfactory condition and said premises is accepted by Tenant "as is and with all faults.".. b. Tenant agrees to indemnify and hold harmless Landlord against any and all claims (whether such a claim is meritorious or not), losses, liabilities, damages, penalties and expenses that Landlord may directly or indirectly sustain or suffer resulting from Tenant's failure to comply with any environmental matter or environmental laws identified in Appendix A to this Agreement, or as a consequence of any use, generation, manufacture, storage, disposal or release or hazardous substances, for whatever nature, by Tenant. c. Upon demand by Landlord, Tenant shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substance which affect the real estate or that is brought or commenced against Landlord, whether alone or together with any other person, all at Tenant's cost. d. For purposes of this paragraph, the meaning and definitions contained in Appendix A, which is incorporated herein by reference as if fully set forth, shall apply. 5. Care of Premises. Tenant shall not permit, allow or cause any act or deed to be performed or any practice to be adopted or followed in or about said Premises which shall cause or be likely to cause injury or damage to any person or to said Premises or to any sidewalks and pavements adjoining the Premises. Tenant shall not use or permit the use of any portion of the Premises to keep or harbor therein any live animals or use the same for any illegal purpose. Tenant agrees to permit no waste of the property, but on the contrary to take good care of same; and upon termination of this lease or any renewal term thereof, to surrender possession of same without notice, in as good condition as at the commencement of the term or as they may be put in during the term, as reasonable use and wear thereof will permit.
3 6. Alterations. Tenant shall not make substantial alterations to the Premises unless advance written approval and permission of Landlord is obtained. 7. Damage or Loss of Property. Landlord shall not be liable for any loss of any property of Tenant from said Premises or for any damage to any property of Tenant, however, occurring, except only such damages in the latter instance as may result directly from the failure of Landlord to perform an act required of it under the terms of this agreement. Landlord, without liability to Tenant shall have the right and may at any time close the said Premises whenever the same may become necessary in compliance with any law, order, regulation or direction of any lawful authority or the agents, officers or representatives thereof or in the event of any public disturbance or like circumstance which, in the judgment of Landlord, may appear proper or advisable. 8. Entry by Landlord. Landlord, its agents and representatives, at all reasonable times may enter said premises for the purpose of (l) inspection thereof, (2) making alterations or additions to said Premises, (3) exhibiting the Premises to prospective tenants, purchasers or other persons, and (4) during the last ninety (90) day period, provided Tenant shall have vacated the Premises, to prepare the Premises for re-occupancy and any such entry by or on behalf of Landlord shall not be or constitute an eviction, partial eviction or deprivation of any right of Tenant, and shall not alter the obligations of Tenant hereunder or create any right in Tenant adverse to the interests of Landlord. 9. Payment of Utilities and Services. Tenant shall procure for Tenant's own account and shall pay the cost of all water, gas, electrical power and fuel consumed in or at said Premises. 10. Insurance. Tenant shall, at all times during the term of this Agreement, maintain comprehensive general liability and property damage insurance in the amount of not less than $500, combined single limit coverage for bodily injury and property damage, including vehicle accident insurance in such coverage amounts. Tenant shall provide the Houston County Commission with a copy of said insurance policies. Said insurance must be maintained by a company authorized to do business in Alabama. Each policy and certificate delivered to the Houston County Commission shall bear the endorsement of, or be accompanied by, evidence of payment of the premium thereon.
4 11. Condemnation. In the event that the whole or any part of said Premises shall be taken by any public authority under the power of eminent domain or like power, then the Term here of shall terminate as to the part of the Premises so taken, effective as of the date possession thereof shall be required to be delivered pursuant to the final order, judgment, or decree entered in the proceedings in exercise of such power. All damages awarded for the taking of said Premises, or any part thereof, shall be payable in the full amount thereof and the same shall be the property of Landlord, including, but not limited to, any sum paid or payable as compensation for loss of value of the leasehold or loss of the fee or the fee of any part of the Premises, and Tenant shall be entitled only to that portion of any award expressly stated to have been made to Tenant for the loss of value and cost of removal of stock, furniture, and fixtures owned by Tenant. 12. Assignment or Subletting. Tenant shall not assign or in any manner transfer this lease or any estate, interest or benefit therein, or sublet said Premises or any part or parts thereof or permit the use of the same or any part thereof by anyone other than Tenant. An attempted transfer or assignment of this Lease Agreement by Tenant or a transfer or assignment by the operation of law, shall be void, and shall at the option of the Landlord, terminate this Contract. 13. Default. The happening of anyone or more of the following listed events (hereafter referred to singly as "Event of Default" and plurally as "Events of Default") shall constitute a breach of this lease agreement on the part of Tenant namely: a. The filing by or on behalf of Tenant of any petition or pleading to declare Tenant a bankrupt, or the adjudication in bankruptcy of Tenant under any bankruptcy law or act. b. The failure of Tenant to regularly, diligently and actively operate the business for which the premises were leased. c. The failure of Tenant to pay any rent payable under this lease agreement and the continued failure to pay the same for fifteen (15) days or more after the maturity of same. d. The failure of Tenant to fully and promptly perform any act required of it in the performance of this lease or to otherwise comply with any term or provision thereof. e. The appointment by any Court or under any law of a Receiver, Trustee, or other Custodian of the property, assets or business of Tenant. f. The assignment by Tenant of all or any part of its property or assets for the benefit of creditors. g. The levy of execution attachment or other taking of property, assets or the leasehold interest of Tenant by process of law or otherwise in satisfaction of any judgment, debt or claim.
5 Upon the happening of any Event of Default and if such Event of Default shall continue for a period of fifteen (15) calendar days after written notice thereof from Landlord to Tenant, then Landlord at any time thereafter, while such failure continues, by giving Five (5) days written notice to Tenant, at Landlord's election, may (1) collect each installment of rental hereunder as and when the same mature, or (2) terminate the Term of this lease agreement without further liability to Tenant hereunder, or (3) terminate Tenant's right to possession and occupancy of the Premises without terminating the Term of this lease agreement, and in the event Landlord shall exercise such right of election the same shall be effective as of five (5) days after the date of written notice of Landlord's election given by the latter to Tenant. Upon the termination of the Term hereof, whether by lapse of time or otherwise, or upon any termination of Tenant's right to possession or occupancy of the Premises without terminating the term hereof, Tenant shall promptly surrender possession and vacate the Premises and deliver possession thereof to Landlord. If Landlord shall elect to terminate Tenant's right to possession only, without terminating the term of this lease, Landlord at its option may enter into the Premises, remove Tenant's property and other evidences of tenancy and take and hold possession thereof without such entry and possession terminating the term of this lease or otherwise releasing Tenant in whole or in part from its obligation to pay the Rent herein reserved for the full Term hereof and in such case Tenant thereupon shall pay to Landlord a sum equal to the entire amount of the rent payable for the remainder of said term. Upon and after entry into possession without termination of the Term hereof, Landlord may, but need not, relet the Premises or any part thereof for the account of Tenant to any person, firm or corporation other than Tenant for such rent, for such time, and upon such terms as Landlord in its sole discretion shall determine. If any rental collected by Landlord upon such reletting for Tenant's account is not sufficient to pay monthly the full amount of the rental herein reserved and not theretofore paid by Tenant, together with the cost of any repairs, alterations or redecoration necessary for such reletting, Tenant shall pay to Landlord the amount of each monthly deficiency upon demand, and if the Rent so collected from such reletting is more than sufficient to pay the full amount of the rent reserved hereunder, together with the aforementioned costs, Landlord, at the end of the stated term hereof, shall apply any surplus to the extent thereof to the discharge of any obligation of Tenant to Landlord under the terms of this lease. 14. Identity of Interest. Nothing contained in this Agreement shall be deemed or construed by the parties hereto, or by any third party, to create the relationship of principal and agents, or of partnership, or of joint venture, or of any association whatsoever between the parties, it being expressly understood and agreed that nothing contained herein, nor any act, or acts of the parties hereto, shall be deemed to create any relationship between the parties other than the relationship of Landlord and Tenant. 15. Waiver. The failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this lease or to exercise any option herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions or options, but the same shall be and remain in full force and effect. The receipt by the Landlord of rent, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Landlord of any provisions hereof shall be deemed to have been made unless expressed in writing and signed by Landlord.
6 16. Indemnity. The Tenant shall and does and hereby agree to indemnify, hold harmless and protect the Landlord and its officers, agents, servants and employees, against any claim for damages, injury, compensation, or otherwise on the part of any person, company, corporation, or otherwise, growing out for resulting from injury to any person or property in connection with the use and occupancy of said premises by Tenant; and to reimburse or make good any loss, damage or cost that the said Landlord and its officers, agents, servants and employees may have to pay if any litigation arises from said injuries or damages, both as to real and/or personal property. To this extent, the Tenant does therefore further hereby waive any rights or exemption as to personal property in connection with this indemnification agreement, and agrees to pay a reasonable attorney's fee for the assertion of the rights of the Landlord in connection therewith. In addition to the foregoing, Tenant agrees to indemnify and save harmless the Landlord and its successors, employees, agents or assigns of and from all fines, suits, claims, demands and actions of any kind or nature by reason of any breach, violation, or non-performance of any duty arising out of this Agreement, and Tenant will indemnify, protect and save harmless Landlord and their successors, employees, agents or assigns from any loss, cost, damage or expense (including but not limited to their attorney's fees), as well as from all fines, suits, claims, demands and actions of any kind or nature caused by injuries to persons or property while in, on or about the above described premises during progress of the work other Tenant contemplated by the terms of this agreement, and the risk of injury to person or property shall at such times be the sole risk of Tenant. Upon the execution hereof, it is expressly understood that the Landlord shall not be liable to Tenant for any damages to Tenant's property, or persons employed by Tenant, on account of any defects in or on said property. It is also expressly understood that Tenant, not Landlord, shall be liable and responsible for any damages, injuries or claims of any kind to any person or any property as a result of or on account of any defects or alleged defects in, on or about said property. 17. Covenants, etc., Binding on Heirs, Executors, etc.. The covenants, conditions, and agreements contained in this lease shall bind and inure to the benefit of Landlord and Tenant and their respective heirs, executors, administrators, successors and assigns. The failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Agreement or to exercise any option herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions or options, but the same shall be and remain in full force and effect. 18. No Oral Agreements Binding. This lease contains the entire agreement between the parties hereto, and neither party is bound by any representations or agreements of any kind except as herein contained.
7 19. Miscellaneous. a. This Lease Agreement and any document executed pursuant to the terms of this Agreement shall be governed, construed and enforced in accordance with the law of the State of Alabama. Notwithstanding the actions, conduct or course or place of performance of or by the parties hereto, Landlord and Tenant agree that as between the parties to this Lease Agreement, it is established and it is conclusively determined hereby that at all times, this Lease Agreement is to be construed and deemed executed, accepted, agreed upon, performed and otherwise consummated in Houston County, Alabama and both parties hereby acknowledge jurisdiction and venue of any dispute(s) relating to or rising out of this Contract to be in the Circuit Court of Houston County, Alabama. All rights of the parties hereunder shall be cumulative with all rights which the parties hereto may have at law or in equity. b. All personal pronouns used in this Lease Agreement shall include the other genders whether used in the masculine or feminine or neuter gender, and the singular shall include the plural whenever and as often as may be appropriate. c. No failure of any party to exercise any power given hereunder or to insist upon strict compliance with any obligation specified herein shall constitute a waiver of any party's right to demand exact compliance with the terms hereof. d. This Lease Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Lease Agreement, or the application thereof to any person or circumstance, shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Lease Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. IN WITNESS WHEREOF, Landlord, and Tenant, has caused their names to be hereunto subscribed on this, the day of, 201. HOUSTON COUNTY, ALABAMA, by and through THE HOUSTON COUNTY COMMISSION WITNESS BY: Mark Culver, Chairman of the Houston County Commission WITNESS BY: Tenant