GROUND LEASE AGREEMENT
Exhibit 10.4
WHEREAS,
Lessor
is the record title owner of certain tracts of unimproved land in an aggregate
of one-thousand six-hundred seventy nine and one-half (1,679.5) acres situated
within the counties of Xxxxxx, Xxxxx and Camp in the State of Texas (as amended
by Exhibit C
attached
below). Such tracts of land shall collectively be referred to as the “Property”
hereinafter.
WHEREAS,
Lessor
desires to lease the Property to Lessee, and Lessee desires to lease the
Property from Lessor to improve the Property as Lessee requires, perform
services for Lessor and to develop the Property in accordance with the terms
of
this Lease.
NOW,
THEREFORE,
in
consideration of the covenants, conditions and agreements contained in this
Lease, Lessor and Lessee agree to the following terms and
conditions:
2.
LEASED PREMISES. Lessor
leases to Lessee and Lessee leases from Lessor for the Lease Term (as defined
hereafter), in consideration for payment of the rent, and upon the terms,
conditions and provisions set forth herein the Property, improvements thereon,
if any (the “Improvements”). The Property and the Improvements are referred to
herein collectively as the “Premises, as further described in Exhibits
A
and
B
and as
amended in the attached Exhibit C
attached
hereto and incorporated herein by reference.
Lessee
has inspected the Premises and accepts its present (as-is) condition unless
expressly noted otherwise in this Lease. Neither Lessor nor any agent has made
any express or implied warranties as to the condition of the Premises. Lessee
must satisfy itself that the Premises are physically suitable to be used as
Lessee intends by independently investigating all such matters related to the
use of the Premises. Lessee agrees that it is not relying on any warranty or
representation made by Lessor, Lessor’s agent or any broker concerning the
suitability of the Premises for the Lessee’s use.
Lessor
shall deliver possession of the Premises as of the Effective Date
hereof.
3.3
Definition.
As used
in this Lease, the word “Option” or “Options” has the following meaning: any
right or option to extend the term of this Lease.
1
3.4
Option(s)
Personal.
Each
Option granted to Lessee in this Lease is personal to Lessee and may not be
exercised or be assigned, voluntarily or involuntarily, by or to any person
or
entity other than Lessee; provided that, Lessee may freely assign, without
Lessor’s consent, any Option to any Affiliate (as defined below) of Lessee.
“Affiliate”
means,
with respect to any individual, partnership, limited liability company,
association, corporation or other entity (each, a “Person”),
any
Person that controls, is controlled by or is under common control with such
Person, together with any of its and their respective members, partners,
venturers, directors, officers, stockholders, agents, employees and spouses.
A
Person shall be presumed to have control when it possesses the power, directly
or indirectly, to direct, or cause the direction of, the management or policies
of another Person, whether through ownership of voting securities, by contract,
or otherwise.
4.1 Rent.
Subject
to adjustment, if any, Lessee agrees to pay to Lessor, without offset or
reduction, payment for the Premises, rent (“Rent”) at the initial rate of $13.00
per acre for a total annual aggregate Rent of $21,833.50. Such Rent shall be
required to be paid by Lessee to Lessor in full on or before January 6, 2006.
In
the event of an increase in Rent for any Extended Term, Lessee shall be required
to pay said increased Rent in full on or before the last day of the then
existing Lease Term.
2
4.2 Late
Payments.
In the
event Lessor fails to receive any Rent payment within ten (10) days after the
date the same is due, a late payment equal to ten percent (10%) of the annual
Rent due to Lessor shall be charged to Lessee
4.3 Additional
Consideration.
In
addition to the payment of Rent, as part of the consideration for this Lease
as
an additional rent, Lessee covenants and agrees to bear, pay and promptly
discharge as they become due and before delinquency all taxes (other than real
estate property taxes, which shall borne by Lessor), charges, license fees,
or
similar extraordinary charges due and payable because of Lessee’s leasehold
interest in the Premises. Lessee has the right in good faith to contest such
taxes, assessments, license fees or charges and is obligated to pay such
contested amount during the contest, plus any penalties and interest imposed
if
and when the amount is finally determined to be due.
All
notices or correspondence provided for herein shall be effective only if made
in
writing, personally delivered with an executed acknowledgment of receipt or
deposited in the United States mail, certified, postage prepaid, and addressed
as follows:
To
Lessor:
Pilgrim’s
Pride Corporation
0000
Xxxxxxx 000 Xxxxx
Xxxxxxxxx,
XX 00000
Attention:
Risk Management
To
Lessee:
Xxx
Xxxxxxx
0000
Xxxx
000
Xxxxxxxxx,
XX 00000
Any
notice shall be deemed delivered five (5) days after notice is mailed or, if
personally delivered, when acknowledgment of receipt is signed, as provided
above. By written notice to the other, either party may change its own mailing
address.
6.1
Notice
by Lessor of Proposed Sale.
If
Lessor desires to sell, transfer, assign, or convey any of the Premises (each,
a
“Transfer”),
Lessor shall deliver to Lessee notice of its desire to complete such Transfer
no
less than ninety (90) days prior to the intended sale date. At such time, Lessor
will notify Lessee whether such Transfer will also result in an early lease
termination date, which may be exercised in its sole discretion or the
assumption of the Lease by the new owner. In the event the Lease is to be
terminated at Transfer, Lessor will refund to Lessee the prorata portion of
the
Rent for the remainder of the Lease Term and any and all Options for such
Premises will be cancelled.
3
| a. |
Lessee
agrees that it will at all times abide by all applicable laws and
rules of
the Environmental Protection Agency, the Texas (or other applicable
state)
Commission on Environmental Quality, the Texas (or other applicable
state)
Department of Agriculture and any other public agency concerning
the
Premises and its use, storage, and disposal of hazardous chemicals,
fuel
and/or oil. Lessee further agrees to abide by the manufacturer’s direction
in regards to its use, storage and disposal of all pesticides, herbicides
and other chemicals (if such chemicals are being stored on the
Premises).
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| b. |
Should
Lessee fail to keep the Premises clean and free of hazards, Lessor
may,
after thirty (30) days written notice, arrange for the clean up of
the
littered or hazardous area. Such clean up shall be charged to Lessee
and
shall be due and payable within ten (10) days of receipt of Lessor’s
notice. Lessee shall not use nor permit the use of the Premises in
any
manner that will tend to create waste or a nuisance.
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| a. |
Lessor
shall deliver the Premises to Lessee clean and free of debris (“Broom
Clean”) on the Effective Date. Lessee shall notify Lessor within thirty
(30) days of the Effective Date of any issues or items of non-compliance
related to this matter and failure to do so will be Lessee’s
acknowledgement that Lessor has effectively complied with this section
and
that such Premises are clean and free of debris.
|
| b. |
Except
as otherwise provided in this Lease, Lessee hereby accepts the Premises
in
the “as is” condition existing on the Lease Commencement Date, subject to
all applicable zoning, municipal, county and state laws, ordinances
and
regulations governing and regulating the use of the Premises, and
any
covenants or restrictions of record, and accepts this Lease subject
thereto and to all matters disclosed thereby and by any exhibits
attached
hereto.
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| a. |
Lessee
shall not, without Lessor's prior written consent, make any alterations,
improvements, additions, or Utility Installations (as defined hereafter)
in, on or about the Premises, except for nonstructural alterations
not
exceeding $50,000.00 in cumulative costs during the Lease Term and
any
Extended Term(s). In any event, whether or not in excess of $50,000.00
in
cumulative cost, Lessee shall make no change or alteration to the
exterior
of the building(s) comprising the Improvements without Lessor's prior
written consent. As used in this paragraph, the term “Utility
Installation” shall mean air lines, power panels, electrical distribution
systems, lighting fixtures, space heaters, air conditioning, plumbing,
and
fencing. Lessor may require that Lessee remove any or all of said
alterations, improvements, additions or Utility Installations at
the
expiration of the Lease Term or any Extended Term(s), and restore
the
Premises to their prior condition. Should Lessee make any alterations,
improvements, additions or Utility Installations without the prior
written
approval of Lessor, Lessor may require that Lessee remove any or
all of
the same.
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4
| b. |
Any
alterations, improvements, additions or Utility Installations in,
on, or
about the Premises that Lessee shall desire to make and which requires
the
consent of the Lessor shall be presented to Lessor in written form,
with
proposed detailed plans and specifications. If Lessor shall give
its
written consent, the consent shall be deemed conditioned upon Lessee
acquiring all applicable permits to do so from appropriate governmental
agencies, the furnishing of a copy thereof to Lessor prior to the
commencement of the work and the compliance by Lessee of all conditions
of
said permit in a prompt and expeditious manner.
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| c. |
Lessee
shall pay, when due, all claims for labor or materials furnished
or
alleged to have been furnished to or for Lessee at or for use in
the
Premises, which claims are or may be secured by any mechanics' or
materialmen's liens against the Premises or any interest therein.
Lessee
shall give Lessor not less than ten (10) days' notice prior to the
commencement of any work in the Premises, and Lessor shall have the
right
to post notices of nonresponsibility in or on the Premises as provided
by
law. If Lessee shall, in good faith, contest the validity of any
such
lien, claim or demand, then Lessee shall, at its sole expense defend
itself and Lessor against the same and shall pay and satisfy any
such
adverse judgment that may be rendered thereon before the enforcement
thereof against the Lessor or the Premises, upon the condition that
if
Lessor shall require, Lessee shall furnish to Lessor a surety bond
satisfactory to Lessor in an amount equal to such contested lien
claim or
demand indemnifying Lessor against liability for the same and holding
the
Premises free from the effect of such lien or claim. In addition,
Lessor
may require Lessee to pay Lessor's reasonable attorneys' fees and
costs in
participating in such action if Lessor shall decide it is in its
best
interest to do so.
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| d. |
Unless
Lessor requires their removal, as set forth in Paragraph 8.a. of
this
Lease, all alterations, improvements, additions and Utility Installations
(whether or not such Utility Installations constitute trade fixtures
of
Lessee), which may be made on the Premises, shall become the property
of
Lessor and remain upon and be surrendered with the Premises at the
expiration of the term. Notwithstanding the provisions of this paragraph,
Lessee's machinery and equipment, other than that which is affixed
to the
Premises so that it can be removed without material damage to the
Premises, shall remain the property of Lessee and may be removed
by Lessee
subject to the provisions of Paragraph 8.a. of this Lease.
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9.2
Lessee's
Obligation.
In
addition to the indemnification requirements as set forth below in Section
34,
Lessee
shall indemnify, defend and hold Lessor, its Affiliates, and their respective
members, partners, venturers, directors, officers, stockholders, agents,
employees, spouses, legal representatives, successors and assigns (collectively,
“Lessor
Affiliates”),
harmless from and against any loss, damage, claim, liability, and cost
(including reasonable attorneys’ fees and disbursements) arising from
(a) any default, breach or violation by Lessee under this Lease, or
(b) any negligent or other tortious act or omissions of Lessee, its
employees or agents with respect to the Premises.
5
Lessee
shall have the following minimum requirements on their Certificate of
Insurance.
General
Liability
General
Aggregate $2,000,000
Products/Completed
Operations $1,000,000
and/or
Professional Liability $1,000,000
(if applicable)
Each
Occurrence $1,000,000
Automobile
Liability
Combined
Single Limit $1,000,000
Workers
Compensation Statutory
Employers’
Liability
Each
Accident $100,000
Policy
Limit $500,000
Each
Employee $100,000
Pilgrim's
Pride Corporation is to be listed as Additional
Insured on General
Liability and Auto policies.
A
30-day
notice of cancellation
is also
required. Pilgrim's Pride Corporation reserves the right to modify these
requirements as deemed necessary for the risk presented to Pilgrim's Pride
Corporation.
The
certificate holder address should read as follows:
Pilgrim's
Pride Corporation
Attn:
Risk Management
0000
Xxxxxxx 000 Xxxxx
Xxxxxxxxx,
XX 00000
10.2.
Lessee shall also be required to maintain Property, Fire and Extended Coverage
Insurance in an amount equal to one hundred percent (100%) of the full
replacement value of the Improvements and in an amount sufficient to reimburse
Lessee for all of its equipment, trade fixtures, inventory, fixtures and other
personal property located on or in the Premises including leasehold improvements
hereinafter constructed or installed.
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11.1
Total
Destruction.
If at
any time during the term of this Lease there is damage, whether or not an
insured loss, (including destruction required by any authorized public
authority), which totally destroys the Premises, or renders the Premises unfit
for the purposes set forth herein, this Lease shall automatically terminate
as
of the date of such total destruction; provided, that, Lessee shall have the
right within ten (10) days after the receipt of such notice to give written
notice to Lessor of Lessee's intention to repair such damage at Lessee's
expense, without reimbursement from Lessor, in which event this Lease shall
continue in full force and effect, and Lessee shall proceed to make such repairs
as soon as reasonably possible. If Lessee does not give such notice within
such
ten (10) day period this Lease shall be canceled and terminated as of the date
of the occurrence of such damage.
11.2
Termination,
Advance Payments.
Upon
termination of this Lease pursuant to this paragraph, an equitable adjustment
shall be made concerning advance rent and any advance payments made by Lessee
to
Lessor. Lessor shall, in addition, return to Lessee so much of Lessee's security
deposit as has not theretofore been applied by Lessor.
7
13.
SERVICES,
UTILITIES.
Services and utilities shall be furnished and the cost borne by Lessee. If
any
such services are not separately metered to Lessee, Lessee shall pay a
reasonable proportion to be determined by Lessor of all charges jointly metered
with other premises. In the event of failure by Lessor to furnish, in a
satisfactory manner, any of the services and utilities to the Premises for
which
Lessor is responsible, if any, Lessee may furnish the same if Lessor has not
undertaken to correct such failure within five (5) days after written notice,
and, in addition to any other remedy Lessee may have, may deduct the amount
thereof, from Monthly Rent.
14.2
Assignment
and Subletting. Lessee
shall not voluntarily or by operation of law assign, transfer, mortgage, sublet,
or otherwise transfer or encumber all or any part of Lessee's interest in this
Lease or in the Premises, without Lessor's prior written consent, which consent
may be withheld, delayed or conditioned, in Lessor’s sole determination. Lessor
shall respond to Lessee's request for consent hereunder in a timely manner
and
any attempted assignment, transfer, mortgage, encumbrance or subletting without
such consent shall be void, and shall constitute a breach of this Lease.
| a. |
The
vacating or abandonment of the Premises by Lessee.
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| b. |
The
failure by Lessee to make any payment of Rent as set forth
herein
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| c. |
The
failure by Lessee to observe or perform any of the covenants, conditions
or provisions of this Lease to be observed or performed by Lessee,
other
than described in paragraph (b) above, where such failure shall continue
for a period of thirty (30) days after written notice thereof from
Lessor
to Lessee; provided, however, that if the nature of Lessee's default
is
such that more than thirty (30) days are reasonably required for
its cure,
then Lessee shall not be deemed to be in default if Lessee commenced
such
cure within said 30-day period and thereafter diligently prosecutes
such
cure to completion.
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8
| d. |
The
making by Lessee of (i) any general arrangement or assignment for
the
benefit of creditors; (ii) Lessee becomes a “debtor” as defined in 11
U.S.C. 101 or any successor statute thereto (unless, in the case
of a
petition filed against Lessee, the same is dismissed within sixty
(60)
days); (iii) the appointment of a trustee or receiver to take possession
of substantially all of Lessee's assets located at the Premises or
of
Lessee's interest in this Lease, where possession is not restored
to
Lessee within thirty (30) days; or (iv) the attachment, execution
or other
judicial seizure of substantially all of Lessee's assets located
at the
Premises or of Lessee's interest in this Lease, where such seizure
is not
discharged within thirty (30) days. Provided, however, in the event
that
any provision of this paragraph is contrary to any applicable law,
such
provision shall be of no force or effect.
|
| e. |
The
discovery by Lessor that any financial statement given to Lessor
by
Lessee, any assignee of Lessee, any sub Lessee of Lessee, any successor
in
interest of Lessee or any guarantor of Lessee's obligation hereunder,
and
any of them, was materially false.
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| a. |
Terminate
Lessee's right to possession of the Premises by any lawful means,
in which
case this Lease shall terminate and Lessee shall immediately surrender
possession of the Premises to Lessor. In such event Lessor shall
be
entitled to recover from Lessee all damages incurred by Lessor by
reason
of Lessee's default including, but not limited to, the cost of recovering
possession of the Premises; expenses of reletting, including necessary
renovation and alteration of the Premises, and reasonable attorneys'
fees;
the worth at the time of award by the court having jurisdiction thereof
of
the amount by which the unpaid rent for the balance of the term after
the
time of such award exceeds the amount of such rental loss for the
same
period that Lessee proves could be reasonably avoided.
|
| b. |
Maintain
Lessee's right to possession in which case this Lease shall continue
in
effect whether or not Lessee shall have abandoned the Premises. In
such
event Lessor shall be entitled to enforce all of Lessor's rights
and
remedies under this Lease, including the right to recover the rent
as it
becomes due hereunder.
|
| c. |
Pursue
any other right or remedy now or hereafter available to Lessor under
the
laws or judicial decisions of the State of Texas. Unpaid installments
of
Monthly Rent and other unpaid monetary obligations of Lessee under
the
terms of this Lease shall bear interest from the date due at the
maximum
rate then allowable by law.
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9
16.
CONDEMNATION.
If the
Premises or any portion thereof are taken under the power of eminent domain,
or
sold under the threat of the exercise of said power (all of which are herein
called “condemnation”), this Lease shall terminate as to the part so taken as of
the date the condemning authority takes title or possession, whichever first
occurs. If a portion of the land area of the Premises or the building of the
Premises is taken by condemnation, and such taking renders the Premises
substantially or entirely unfit for use as set forth herein, in Lessee’s
reasonable discretion, Lessee may, at Lessee's option, to be exercised in
writing only within ten (10) days after Lessor shall have given Lessee written
notice of such taking (or in the absence of such notice, within ten (10) days
after the condemning authority shall have taken possession) terminate this
Lease
as of the date the condemning authority takes such possession. If Lessee does
not terminate this Lease in accordance with the foregoing, this Lease shall
remain in full force and effect as to the portion of the Premises remaining,
except that the rent shall be reduced in the proportion that the floor area
of
the building taken bears to the total floor area of the building situated on
the
Premises. No reduction of rent shall occur if the only area taken is that which
does not have a building located thereon. Any award for the taking of all or
any
part of the Premises under the power of eminent domain or any payment made
under
threat of the exercise of such power shall be the property of Lessor, whether
such award shall be made as compensation for diminution in value of the
leasehold or for the taking of the fee, or as severance damages; provided,
however, that Lessee shall be entitled to any award for loss of or damage to
Lessee's trade fixtures and removable personal property. If this Lease is not
terminated by reason of such condemnation, Lessor shall to the extent of
severance damages received by Lessor in connection with such condemnation,
repair any damage to the Premises caused by such condemnation except to the
extent that Lessee has been reimbursed therefor by the condemning authority.
Lessee shall pay any amount in excess of such severance damages required to
complete such repair.
| a. |
Lessee
and Lessor shall at any time and from time to time upon not less
than ten
(10) days' prior written notice from the other party, execute, acknowledge
and deliver to the requesting party a statement written on Lessor's
estoppel certificate form reasonably acceptable to Lessor and Lessee
(i)
certifying that this Lease is unmodified and in full force and effect
(or,
if modified, stating the nature of such modification and certifying
that
this Lease, as so modified, is in full force and effect) and the
date to
which the rent and other charges are paid in advance, if any, and
(ii)
acknowledging that there are not, to the knowledge of the party being
requested to deliver the statement, any uncured defaults on the part
of
requesting party, or specifying such defaults if any are claimed.
Any such
statement may be conclusively relied upon by any prospective purchaser
or
encumbrancer of the Premises, or any prospective assignee or sub
Lessee.
|
| b. |
If
Lessor desires to finance, refinance, or sell the Premises, or any
part
thereof, Lessee hereby agrees to deliver to any lender or purchaser
designated by Lessor such financial statements of Lessee as may be
reasonably required by such lender or purchaser. Such statements
shall
include the past three (3) years' financial statements of Lessee.
All such
financial statements shall be received by Lessor and such lender
or
purchaser in confidence and shall be used only for the purposes herein
set
forth.
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10
22.
WAIVERS.
No
waiver by Lessor or any provision hereof shall be deemed a waiver of any other
provision hereof or of any subsequent breach by Lessee of the same or any other
provision. Lessor's consent to, or approval of, any act shall not be deemed
to
render unnecessary the obtaining of Lessor's consent to or approval of any
subsequent act by Lessee. The acceptance of rent hereunder by Lessor shall
not
be a waiver of any preceding breach by Lessee of any provision hereof, other
than the failure of Lessee to pay the particular rent so accepted, regardless
of
Lessor's knowledge of such preceding breach at the time of acceptance of such
rent.
26.
BINDING EFFECT; CHOICE OF LAW. Subject
to any provisions hereof restricting assignment or subletting by Lessee and
subject to the provisions of Paragraph 16 of this Lease, this Lease shall bind
the parties, their personal representatives, successors and assigns. This Lease
shall be governed by the laws of the State of Texas. THE
PARTIES WAIVE TRIAL BY JURY IN ANY SUCH ACTION(S) AND CONFIRM THAT THIS WAIVER
IS A MATERIAL INDUCEMENT TO THEIR BUSINESS TRANSACTIONS. For
any such action(s) related to their business transactions or enforcement of
any arbitration, the Parties submit themselves to the jurisdiction of the state
or federal courts located in Dallas, Texas.
| a. |
This
Lease, at Lessor's option, shall be subordinate to any ground lease,
mortgage, deed of trust, or any other hypothecation or security now
or
hereafter placed upon the real property of which the Premises are
a part
and to any and all advances made on the security thereof and to all
renewals, modifications, consolidations, replacements and extensions
thereof. Notwithstanding such subordination, Lessee's right to quiet
possession of the Premises shall not be disturbed if Lessee is not
in
default and so long as Lessee shall pay the rent and observe and
perform
all of the provisions of this Lease, unless this Lease is otherwise
terminated pursuant to its terms. If any mortgagee, trustee or ground
lessor shall elect to have this Lease prior to the lien of its mortgage,
deed of trust or ground lease, and shall give written notice thereof
to
Lessee, this Lease shall be deemed prior to such mortgage, deed of
trust,
or ground lease, whether this Lease is dated prior or subsequent
to the
date of said mortgage, deed of trust, or ground lease, or the date
of
recording thereof.
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11
| b. |
Lessee
agrees to execute any reasonable documents required to effectuate
an
attornment, a subordination or to make this Lease prior to the lien
of any
mortgage, deed of trust or ground lease, as the case may be.
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30.
MERGER.
The
voluntary or other surrender of this Lease by Lessee, or a mutual cancellation
thereof, or a termination by Lessor, shall not work a merger, and shall, at
the
option of Lessor, terminate all or any existing subtenancies or may, at the
option of Lessor, operate as an assignment to Lessor of any or all of such
subtenancies.
32.
EASEMENTS.
Lessor
reserves to itself the right, from time to time, to grant such easements, rights
and dedications that Lessor deems necessary or desirable, and to cause the
recordation of plats and restrictions, so long as such easements, rights,
dedications, plats and restrictions do not unreasonably interfere with the
use
of the Premises by Lessee. Lessee shall sign any of the aforementioned documents
upon request of Lessor and failure to do so shall constitute a material breach
of this Lease.
33.
AUTHORITY.
If
Lessee is a corporation, trust, or general or limited partnership, each
individual executing this Lease on behalf of such entity represents and warrants
that he or she is duly authorized to execute and deliver this Lease on behalf
of
said entity. If Lessee is a corporation, trust or partnership, Lessee shall,
within thirty (30) days after execution of this Lease, deliver to Lessor
evidence of such authority satisfactory to Lessor.
12
34.
EMISSIONS; STORAGE, USE AND DISPOSAL OF MATTER.
| a. |
The
term “Hazardous Material” shall mean include, but shall not be limited to
(i) any material, substance or waste which is or hereafter shall
be
listed, regulated or defined by Applicable Law to be hazardous, acutely
hazardous, extremely hazardous, radioactive toxic, or dangerous;
(ii)
asbestos or asbestos-containing materials; (iii) polychlorinated
biphenyls
(PCBs); (iv) radon gas; (v) laboratory wastes; (vi) experimental
products,
including genetically engineered microbes; and (vii) petroleum, natural
gas, or other petroleum product.
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| b. |
The
term “Applicable Law” shall include federal, state and local statutes,
regulations, rules, ordinances, and all other governmental requirements.
|
| a. |
Lessee
shall comply with Applicable Law in all respects, including, but
not
limited to, (i) acquisition of and compliance with all permits, licenses,
orders, requirements, approvals, plans and authorizations which are
or may
become necessary for conduct of Lessee's operations on the Premises;
(ii)
compliance with all regulatory requirements relating to such operations
or
the substances and equipment used therein or the emissions, emanations
and
wastes generated thereby; and (iii) reporting, investigation, and
remediation of, or other response to the exposure or potential exposure,
of any person to, or the emission, discharge or other release of
any
Hazardous Material into the Premises or the environment.
|
| b. |
Lessee
shall promptly respond to and remedy (by removal and proper disposal
or
such other methods as shall be reasonably required) to the satisfaction
of
applicable governmental agencies any release or discharge of any
Hazardous
Material connected with Lessee's operation or Lessee's presence on
the
Premises. All such action shall be done in Lessee's name, and at
Lessee's
sole cost and expense. For purposes of this paragraph (b), the term
“respond” shall include, but not be limited to, the investigation of
environmental conditions, the preparation of feasibility reports
or
remedial plans, and the performance of any cleanup, remediation,
containment, maintenance, monitoring or restoration work. Any such
actions
shall be performed in a good, safe, workmanlike manner and shall
minimize
any impact on the businesses or operations conducted at the Premises.
In
its discretion, Lessor may, but shall not be required to, enter the
Premises personally or through its agents, consultants or contractors
and
perform all or any part of the response activity or remedial action
which
it feels is reasonably necessary to comply with the terms of this
Lease,
and shall be reimbursed for its costs thereof and for any liabilities
resulting therefrom.
|
| c. |
Lessee
will promptly notify Lessor of Lessee's receipt of any notice, request,
demand, inquiry or order, whether oral or written, from any government
agency or any other individual or entity relating in any way to the
presence or possible presence of any Hazardous Material on, in, under
or
near the Premises or the Lessee's compliance with, or failure to
comply
with, Applicable Law. Receipt of such notice shall not be deemed
to create
any obligation on the part of Lessor to defend or otherwise respond
to any
such notification.
|
| d. |
Promptly
upon discovery thereof, Lessee will notify Lessor of the discovery
of any
release, discharge, or emission of any Hazardous Material or of the
existence of any other condition or occurrence which may constitute
or
pose a significant presence or potential hazard to human health and
safety
or to the environment, whether or not such event or discovery necessitates
any report to any other person or government agency.
|
13
| a. |
Permit
any vehicle on the Premises to emit exhaust which is in violation
of any
Applicable Law;
|
| b. |
Create,
or permit to be created, any sound pressure level which will interfere
with the quiet enjoyment of any real property adjacent to the Premises,
or
which will create a nuisance or violate any Applicable Law;
|
| c. |
Transmit,
receive, or permit to be transmitted or received, any electromagnetic,
microwave or other radiation which is harmful or hazardous to any
person
or property in, on or about the Premises, or anywhere else, or which
interferes with the operation of any electrical, electronic, telephonic
or
other equipment wherever located, whether on the Premises or anywhere
else;
|
| d. |
Create,
or permit to be created, any ground or building vibration that is
discernible outside the Premises; and
|
| e. |
Produce,
or permit to be produced, any intense glare, light or heat except
within
an enclosed or screened area and then only in such manner that the
glare,
light or heat shall not be discernible outside the Premises.
|
as
a
result of a breach by Lessee of any of its covenants, representations or
warranties under this paragraph 34. This obligation shall not apply, if and
to
the extent that (a) such claims, damages, expenses, encumbrances, fees, fines,
penalties, or costs arose solely out of conditions existing on the Premises
prior to the commencement of Lessee's first possession of the Premises or
conditions created on the Premises after Lessee ceases to occupy the Premises;
and (b) Lessee did not violate any Applicable Law or act negligently with
respect to, or otherwise contribute to, the condition or the hazard posed by
the
condition.
14
34.6
Disposal
of Other Matter.
| a. |
Refuse
Disposal. Lessee shall not keep any trash, garbage, waste or other
refuse
on the Premises except in sanitary containers and shall regularly
and
frequently remove and dispose of the same from the Premises. Lessee
shall
keep all incinerators, containers or other equipment used for storage
or
disposal of such matter in a clean and sanitary condition, and shall
promptly dispose of all other waste.
|
| b. |
Sewage
Disposal. Lessee shall properly dispose of all sanitary sewage and
shall
not use the sewage disposal system (i) for the disposal of anything
except
sanitary sewage, or (ii) in excess of the lesser of the amount allowed
by
the sewage treatment works, or permitted by any governmental entity.
Lessee shall keep the sewage disposal system free of all obstructions
and
in good operating condition.
|
If
a
dispute arises from or relates to transactions between the Parties, the Parties
shall endeavor to settle the dispute first through direct discussions and
negotiations. If the dispute cannot be settled through direct discussions,
the
Parties shall endeavor to settle the dispute by mediation under the Mediation
Rules of the American Arbitration Association before recourse to the arbitration
procedures contained in this Agreement. If a dispute has not been resolved
within 90 days after the written notice beginning the mediation process (or
a
longer period, if the Parties agree to extend the mediation), the mediation
shall terminate and the dispute shall be settled by binding arbitration in
Dallas, Texas or such other location as agreed upon by the Parties. The
arbitration will be conducted in accordance with the procedures in this document
and the Rules of the American Arbitration Association in effect on the date
of
the engagement letter, or such other rules and procedures as the Parties may
designate by mutual agreement. In the event of a conflict, the provisions
of this document will control.
The
arbitration shall be conducted by a single arbitrator as agreed upon by the
Parties. If the Parties cannot agree on a single arbitrator, the arbitration
will be conducted before a panel of three arbitrators, one selected by each
Party and the third arbitrator selected by the Parties’ two arbitrators from a
panel provided by the American Arbitration Association. Any issue
concerning the extent to which any dispute is subject to arbitration, or
concerning the applicability, interpretation, or enforceability of these
procedures, including any contention that all or part of these procedures are
invalid or unenforceable, shall be governed by the agreement between the Parties
and the Federal Arbitration Act and resolved by the arbitrators. No
potential arbitrator shall be appointed unless he or she has agreed in writing
to abide and be bound by these procedures.
The
individual arbitrator or the arbitration panel shall have no power to award
non-monetary or equitable relief of any sort. The arbitrator/panel shall
also have no power to award (a) damages inconsistent with any applicable
agreement between the Parties or (b) punitive damages or any other damages
not
measured by the prevailing Party’s actual damages; and the Parties expressly
waive their right to obtain such damages in arbitration or in any other
forum. In no event, even if any other portion of these provisions is held
to be invalid or unenforceable, shall the arbitrator/panel have power to make
an
award or impose a remedy that could not be made or imposed by a court deciding
the matter in the same jurisdiction.
Discovery
shall be permitted in connection with the arbitration only to the extent, if
any, expressly authorized by the arbitration panel upon a showing of substantial
need by the Party seeking discovery.
All
aspects of the arbitration shall be treated as confidential. The Parties
and the arbitrator/panel may disclose the existence, content or results of
the
arbitration only as provided in the Rules or by the Parties. Before making
any such disclosure, a Party shall give written notice to all other Parties
and
shall afford such Parties a reasonable opportunity to protect their
interests.
15
The
result of the arbitration will be binding on the Parties, and judgment on the
arbitration award may be entered in any court having jurisdiction. The
prevailing Party in any dispute that is resolved by this dispute resolution
process shall be entitled to recover from the other Party reasonable attorneys’
fees, costs and expenses incurred by the prevailing Party in connection with
such dispute resolution process.
The
parties hereto have executed this Lease as of the date first above set
forth.
LESSOR: PILGRIM’S
PRIDE CORPORATION
By:
/s/
Xxxxxxx X. Xxxxxxx
Name:
Title:
LESSEE: XXX
XXXXXXX d/b/a XXX XXXXXXX FARMS
By:
/s/
Xxx Xxxxxxx
Name:
Xxx
Xxxxxxx
Title:
Owner
16
Exhibit
A
CAMP.
TEXAS
Form
Approved - OMB No. 0560-0004
FSA-578
(Producer Print) REPORT
OF ACREAGE
PROGRAM
YEAR
2005
DATE:
11-17-2005
"A"
Producer
Name and Address ID
XXXXXXX
X
XXXXXXX 9599
0000
XXXX
000
XXXXXXXXX,
XX 00000-0000
|
NOTE: The
following statements are made in accordance with the Privacy
Act of 1974(5
USC 552a). The Agricultural Adjustment Act of 1938, as amended,
and the
Agricultural Act of 1949, as amended, authorized the collection
of the
following data. The data will be used to determine eligibility
for
assistance. Furnishing the data is voluntary, however, without
it
assistance cannot be provided. The data may be furnished to
any agency
responsible for enforcing the provisions of the Acts.
|
||||||||||||||||
|
Public
reporting burden for this collection of information is estimated
to
average 15 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining
the data needed, and completing and reviewing the collection
of
information. Send comments regarding this burden estimate,
or any other
aspect of this collection of information, including suggestions
for
reducing this burden, to the Department of Agriculture, Clearance
Officer,
Ag Xxx 0000, Xxxxxxxxxx, X.X. 00000, and to the Office of Management
and
Budget. Paperwork Reduction Project (OMB No. 0560-0004). Xxxxxxxxxx,
X.X.
00000. RETURN THIS COMPLETED FORM TO YOUR FSA COUNTY
OFFICE.
|
||||||||||||||||
|
Farm
Number
|
Tract
Number
|
CLU/
Field
|
Ir
Pr
|
C/C
|
Var/
Type
|
Int
Use
|
C/C
Stat
|
Rpt
Unt
|
Reported
Quantity
|
Determined
Quantity
|
Crp
Lnd
|
Planting
Date
|
Prod
Share
|
Prod
Name
|
RMA
Unt
|
Dpt
Unt
|
|
136
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
678
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
9.00
|
Y
|
03-21-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
1B
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
24.00
|
Y
|
03-21-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
1C
|
Ni
|
FALOW
|
I
|
A
|
49.00
|
Y
|
03-21-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
Photo
Number/Legal Descriptions:
|
678
|
E-5
(A2)
|
||||||||||||||
|
Cropland:
|
82.0
|
Farmland:
|
102.0
|
|||||||||||||
|
150
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
671
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
60.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
1B
|
Ni
|
FALOW
|
I
|
A
|
5.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
Photo
Number/Legal Descriptions:
|
671
|
E-5
(A2)
|
||||||||||||||
|
Cropland:
|
65.0
|
Farmland:
|
119.0
|
|||||||||||||
|
165
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
670
|
1A
|
Ni
|
FALOW
|
I
|
A
|
14.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||
|
Photo
Number/Legal Descriptions:
|
670
|
E-4
(B2)
|
||||||||||||||
|
Cropland:
|
14.0
|
Farmland:
|
29.0
|
|||||||||||||
|
206
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
674
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
28.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
1B
|
Ni
|
FALOW
|
I
|
A
|
20.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
Photo
Number/Legal Descriptions:
|
674
|
E-5
(A2)
|
||||||||||||||
|
Cropland:
|
48.0
|
Farmland:
|
62.0
|
|||||||||||||
|
381
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
713
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
14.40
|
Y
|
03-11-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
1
CAMP.
TEXAS
Form
Approved - OMB No. 0560-0004
FSA-578
(Producer Print) REPORT
OF ACREAGE
PROGRAM
YEAR
2005
DATE:
11-17-2005
|
Farm
Number
|
Tract
Number
|
CLU/
Field
|
Ir
Pr
|
C/C
|
Var/
Type
|
Int
Use
|
C/C
Stat
|
Rpt
Unt
|
Reported
Quantity
|
Determined
Quantity
|
Crp
Lnd
|
Planting
Date
|
Prod
Share
|
Prod
Name
|
RMA
Unt
|
Dpt
Unt
|
|
1B
|
Ni
|
FALOW
|
I
|
A
|
10.60
|
Y
|
03-11-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
Photo
Number/Legal Descriptions:
|
713
|
D-7
(B1)
|
||||||||||||||
|
Cropland:
|
25.0
|
Farmland:
|
40.0
|
|||||||||||||
|
483
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
1251
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
8.40
|
Y
|
03-23-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
1B
|
Ni
|
FALOW
|
I
|
A
|
28.90
|
Y
|
03-23-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
Photo
Number/Legal Descriptions:
|
1251
|
F-4
(B1)
|
||||||||||||||
|
Cropland:
|
37.3
|
Farmland:
|
54.0
|
|||||||||||||
|
700
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
1387
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
13.50
|
Y
|
03-25-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
1B
|
Ni
|
FALOW
|
I
|
A
|
11.50
|
Y
|
03-25-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
Photo
Number/Legal Descriptions:
|
1387
|
F-7
(2A) (2B)
|
||||||||||||||
|
Cropland:
|
25.0
|
Farmland:
|
26.0
|
|||||||||||||
|
837
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
846
|
1A
|
Ni
|
FALOW
|
I
|
A
|
40.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||
|
Photo
Number/Legal Descriptions:
|
846
|
G-2
(1A)
|
||||||||||||||
|
Cropland:
|
40.0
|
Farmland:
|
120.0
|
|||||||||||||
|
1010
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
1152
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
13.00
|
Y
|
03-10-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
1B
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
13.00
|
Y
|
03-10-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
1C
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
2.00
|
Y
|
03-10-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
1D
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
5.00
|
Y
|
03-10-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
1E
|
Ni
|
FALOW
|
I
|
A
|
44.40
|
Y
|
03-10-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
Photo
Number/Legal Descriptions:
|
1152
|
I-6(1A)(1B)
|
||||||||||||||
|
Cropland:
|
77.4
|
Farmland:
|
217.0
|
|||||||||||||
|
1012
|
0
|
Ni
|
OFAV
|
A
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||||
|
1139
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
75.40
|
Y
|
03-03-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
Photo
Number/Legal Descriptions:
|
1139
|
H-6(2A)
|
||||||||||||||
|
Cropland:
|
75.4
|
Farmland:
|
114..0
|
|||||||||||||
|
1092
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
2
CAMP.
TEXAS Form
Approved - OMB No. 0560-0004
FSA-578
(Producer Print) REPORT
OF
ACREAGE PROGRAM
YEAR 2005
DATE:
11-17-2005
|
Farm
Number
|
Tract
Number
|
CLU/
Field
|
Ir
Pr
|
C/C
|
Var/
Type
|
Int
Use
|
C/C
Stat
|
Rpt
Unt
|
Reported
Quantity
|
Determined
Quantity
|
Crp
Lnd
|
Planting
Date
|
Prod
Share
|
Prod
Name
|
RMA
Unt
|
Dpt
Unt
|
|
1092
|
1545
|
1A
|
Ni
|
FALOW
|
I
|
A
|
300.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
Photo
Number/Legal Descriptions:
|
1545
|
G-2
(1B) (2B)
|
||||||||||||||
|
Cropland:
|
300.0
|
Farmland:
|
605.0
|
|||||||||||||
|
1104
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
1144
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
60.30
|
Y
|
03-03-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
Photo
Number/Legal Descriptions:
|
1144
|
H-6(2A)
|
||||||||||||||
|
Cropland:
|
60.3
|
Farmland:
|
65.0
|
|||||||||||||
|
1151
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
1528
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
120.00
|
Y
|
03-21-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
1B
|
Ni
|
FALOW
|
I
|
A
|
4.90
|
Y
|
03-21-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
Photo
Number/Legal Descriptions:
|
1528
|
F-4
(B1)
|
||||||||||||||
|
Cropland:
|
124.9
|
Farmland:
|
190.0
|
|||||||||||||
|
1736
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
188
|
1A
|
Ni
|
FALOW
|
I
|
A
|
20.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||
|
303
|
1A
|
Ni
|
FALOW
|
I
|
A
|
47.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||
|
848
|
1A
|
Ni
|
FALOW
|
I
|
A
|
56.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||
|
Photo
Number/Legal Descriptions:
|
188
303
848
|
B-5
(A1)(B1)
C-4
(A1) (B1)
G-2
(1A) (2A)
|
||||||||||||||
|
Cropland:
|
123.0
|
Farmland:
|
314.0
|
|||||||||||||
|
1761
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
676
|
1A
|
Ni
|
FALOW
|
I
|
A
|
15.90
|
Y
|
03-12-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||
|
1286
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
34.60
|
Y
|
03-12-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
2
|
Ni
|
GRASS
|
BCS
|
Forage
|
I
|
A
|
23.20
|
Y
|
06-21-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
3A
|
Ni
|
FALOW
|
I
|
A
|
12.20
|
Y
|
03-12-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
Photo
Number/Legal Descriptions:
|
676
1286
|
E-5
(A1)
F-5
(B1)
|
||||||||||||||
|
Cropland:
|
85.9
|
Farmland:
|
179.0
|
|||||||||||||
|
1856
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
1913
|
1A
|
Ni
|
GRASS
|
BCS
|
Forage
|
I
|
A
|
58.0
|
Y
|
06-21-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
Photo
Number/Legal Descriptions:
|
1913
|
F-4
(A1) (A2)
|
||||||||||||||
3
CAMP.
TEXAS Form
Approved - OMB No. 0560-0004
FSA-578
(Producer Print) REPORT
OF
ACREAGE PROGRAM
YEAR 2005
DATE:
11-17-2005
|
Farm
Number
|
Tract
Number
|
CLU/
Field
|
Ir
Pr
|
C/C
|
Var/
Type
|
Int
Use
|
C/C
Stat
|
Rpt
Unt
|
Reported
Quantity
|
Determined
Quantity
|
Crp
Lnd
|
Planting
Date
|
Prod
Share
|
Prod
Name
|
RMA
Unt
|
Dpt
Unt
|
|
Cropland:
|
58.0
|
Farmland:
|
61.0
|
|||||||||||||
|
1919
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
1271
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
24.30
|
Y
|
03-19-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
2
|
Ni
|
FALOW
|
I
|
A
|
75.70
|
Y
|
03-19-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
Photo
Number/Legal Descriptions:
|
1271
|
F-5
(A1) (A2)
|
||||||||||||||
|
Cropland:
|
100.0
|
Farmland:
|
138.0
|
|||||||||||||
|
2020
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
1055
|
1
|
Ni
|
FALOW
|
I
|
A
|
6.00
|
Y
|
03-09-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||
|
1056
|
1
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
23.00
|
Y
|
03-27-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
2
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
15.50
|
Y
|
03-27-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
3
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
73.00
|
Y
|
03-27-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
1174
|
1
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
23.40
|
Y
|
03-11-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
2A
|
Ni
|
FALOW
|
I
|
A
|
51.60
|
Y
|
03-11-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
1684
|
1
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
15.00
|
Y
|
03-09-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
2
|
Ni
|
FALOW
|
YEL
|
Grain
|
I
|
A
|
22.00
|
Y
|
03-09-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
3A
|
Ni
|
FALOW
|
I
|
A
|
37.00
|
Y
|
03-09-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||
|
4
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
11.00
|
Y
|
03-09-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
5
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
60.00
|
Y
|
03-09-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
7
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
26.00
|
Y
|
03-09-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
6
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
14.00
|
Y
|
03-09-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||
|
1685
|
1
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
9.50
|
Y
|
03-09-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||
|
1686
|
1
|
Ni
|
FALOW
|
I
|
A
|
11.00
|
Y
|
03-09-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||
|
Photo
Number/Legal Descriptions:
|
1055
1056
1174
1684
1685
1686
|
F-5
(A1)
F-7
(2A) (2B)
H-7
(1A)(2A)
G-7
(1A)(2A)(1B)(2B)
G-7
(1A)(2A)
G-7
(1A)(2A)
|
||||||||||||||
|
Cropland:
|
398.0
|
Farmland:
|
810.0
|
|||||||||||||
|
2040
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
|
1616
|
1
|
Ni
|
FALOW
|
I
|
A
|
30.00
|
Y
|
03-26-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||
|
Photo
Number/Legal Descriptions:
|
1616
|
D-7
(A1) (A2)
|
||||||||||||||
|
Cropland:
|
30.0
|
Farmland:
|
80.0
|
|||||||||||||
|
2104
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||
4
CAMP.
TEXAS Form
Approved - OMB No. 0560-0004
FSA-578
(Producer Print) REPORT
OF
ACREAGE PROGRAM
YEAR 2005
DATE:
11-17-2005
|
Farm
Number
|
Tract
Number
|
CLU/
Field
|
Ir
Pr
|
C/C
|
Var/
Type
|
Int
Use
|
C/C
Stat
|
Rpt
Unt
|
Reported
Quantity
|
Determined
Quantity
|
Crp
Lnd
|
Planting
Date
|
Prod
Share
|
Prod
Name
|
RMA
Unt
|
Dpt
Unt
|
||||||||||||||
|
2104
|
706
|
1
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
26.70
|
Y
|
03-17-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||||||||||||
|
2
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
53.00
|
Y
|
03-17-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||||||||||||||
|
4
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
23.00
|
Y
|
03-17-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||||||||||||||
|
3A
|
Ni
|
FALOW
|
I
|
A
|
160.70
|
Y
|
03-17-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||||||||||||||||
|
1043
|
1
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
20.00
|
Y
|
03-19-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||||||||||
|
2
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
13.00
|
Y
|
03-19-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||||||||||||||
|
1135
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
300.00
|
Y
|
03-05-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||||||||||
|
2073
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
300.00
|
Y
|
03-08-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||||||||||
|
1B
|
Ni
|
FALOW
|
I
|
A
|
11.60
|
Y
|
03-08-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||||||||||||||||
|
2074
|
1A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
50.00
|
Y
|
03-10-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||||||||||
|
1B
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
50.00
|
Y
|
03-10-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||||||||||||||
|
Photo
Number/Legal Descriptions:
|
706
1043
1135
2073
2074
|
D-7
(2A) (2B)
G-7
(1A) (2A)
H-5(1B)(2B)
H-6(2A)
D7/1A
D7
|
||||||||||||||||||||||||||||
|
Cropland:
|
1068.6
|
Farmland:
|
1839.9
|
|||||||||||||||||||||||||||
|
C/C
CORN
|
Type
YEL
|
Prac
N
|
IU
GR
|
Reported
1.633.00
|
Determined
|
C/C
Type
FALOW
|
Prac
N
|
IU
|
Reported
1.063.00
|
Determined
|
C/C
GRASS
|
Type
BCS
|
Prac
N
|
IU
FG
|
Reported
81.20
|
Determi
|
||||||||||||||
|
PRODUCER'S
CERTIFICATION: I certify to the best of my knowledge and belief
that the
acreage of crops and land uses listed herein are true and correct,
and
that all required crops and land uses have been reported for
the farm as
applicable. The signing of this form gives FSA representatives
authorization to enter and inspect crops and land uses on the
above
identified land.
|
||||||||||||||||||||||||||||||
|
Producer's
Signature
|
Date
|
|||||||||||||||||||||||||||||
|
This
program or activity will be conducted on a nondiscriminatory
basis without
regard to race, color, religion, national origin, sex, age,
marital
status, or disability.
|
||||||||||||||||||||||||||||||
5
Exhibit
B
XXXXX.
TEXAS
Form
Approved - OMB No. 0560-0004
FSA-578
(Producer Print) REPORT
OF
ACREAGE
PROGRAM
YEAR 2005
DATE:
11-17-2005
"B"
Producer
Name and Address ID
XXXXXXX
X
XXXXXXX 9599
1500
XXXX
000
XXXXXXXXX,
XX 00000-0000
|
NOTE: The
following statements are made in accordance with the Privacy Act
of 1974(5
USC 552a). The Agricultural Adjustment Act of 1938, as amended,
and the
Agricultural Act of 1949, as amended, authorized the collection
of the
following data. The data will be used to determine eligibility
for
assistance. Furnishing the data is voluntary, however, without
it
assistance cannot be provided. The data may be furnished to any
agency
responsible for enforcing the provisions of the Acts.
|
|||||||||||||||||||||||||||||
|
Public
reporting burden for this collection of information is estimated
to
average 15 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate, or any
other
aspect of this collection of information, including suggestions
for
reducing this burden, to the Department of Agriculture, Clearance
Officer,
Ag Box 0000, Xxxxxxxxxx, X.X. 00000, and to the Office of Management
and
Budget. Paperwork Reduction Project (OMB No. 0560-0004). Washington,
D.C.
20503. RETURN THIS COMPLETED FORM TO YOUR FSA COUNTY
OFFICE.
|
|||||||||||||||||||||||||||||
|
Farm
Number
|
Tract
Number
|
CLU/
Field
|
Ir
Pr
|
C/C
|
Var/
Type
|
Int
Use
|
C/C
Stat
|
Rpt
Unt
|
Reported
Quantity
|
Determined
Quantity
|
Crp
Lnd
|
Planting
Date
|
Prod
Share
|
Prod
Name
|
RMA
Unt
|
Dpt
Unt
|
|||||||||||||
|
2281
|
0
|
Ni
|
OFAV
|
.00
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||||||||||||||||||
|
2390
|
2A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
92.50
|
Y
|
03-27-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
|||||||||||||||||
|
3A
|
Ni
|
CORN
|
YEL
|
Grain
|
I
|
A
|
64.00
|
Y
|
03-27-2005
|
1.0000
|
XXXXXXX
X XXXXXXX
|
||||||||||||||||||
|
Photo
Number/Legal Descriptions:
|
2390
|
G12/2B
|
|||||||||||||||||||||||||||
|
Cropland:
|
156.5
|
Farmland:
|
400.0
|
||||||||||||||||||||||||||
|
C/C
CORN
|
Type
YEL
|
Prac
N
|
IU
GR
|
Reported
156.50
|
Determined
|
||||||||||||||||||||||||
|
PRODUCER'S
CERTIFICATION: I certify to the best of my knowledge and belief
that the
acreage of crops and land uses listed herein are true and correct,
and
that all required crops and land uses have been reported for the
farm as
applicable. The signing of this form gives FSA representatives
authorization to enter and inspect crops and land uses on the above
identified land.
|
|||||||||||||||||||||||||||||
|
Producer's
Signature
|
Date
|
||||||||||||||||||||||||||||
|
This
program or activity will be conducted on a nondiscriminatory basis
without
regard to race, color, religion, national origin, sex, age, marital
status, or disability.
|
|||||||||||||||||||||||||||||
Exhibit
C
This
Exhibit C hereby amends that certain Ground Lease Agreement entered into by
and
between Lessor and Lessee on December 28, 2005 (“Original Lease”). The terms of
this Lease shall supersede any and all terms as set forth in the Original Lease.
Pursuant
to the Original Lease, Lessee leased from Lessor a total of 1,789.5 acres at
$13.00 per acre. Pursuant to this Lease, the acreage leased by Lessee from
Lessor shall be reduced to 1,679.5 acres at $13.00 per acre as
follows:
Original
Total Acreage leased by Lessee (as set forth in Exhibits A & B):
1,789.5
acres
Less:
thirty (30) acres from “Farm 30”
Less
thirty (30) acres from “LTD”
Less
fifty (50) acres from Lessee’s currently-owned farm
Equals:
1,679.5
acres (Amended Total Acreage leased by Lessee)
