The Private Habitat Conservation Lease:
Third Draft (Version 3.1) Last Revision: May 13, 1998
prepared by Owen Luckey, Jr. with input from Craig Evans

PRIVATE HABITAT CONSERVATION LEASE
EXTENDED VERSION
WITH PROVISIONS TO ACCOMMODATE EXPANDED AGENCY ACCESS
WORKING DRAFT

THIS AGREEMENT is made and entered into this day of ____ ,______ 19__, by and between ____________, hereinafter called "Lessor" [Landowner] and __________, hereinafter called "Lessee" [government agency or land trust].

Whereas, the Lessor [Landowner] and Lessee [government agency or land trust] mutually recognize the natural, scenic and special character of the Leased Premises and have the common purpose of managing the premises to retain its natural values and character by entering into this Agreement, which shall guide the actions that shall be taken and set forth the services that shall be provided to help conserve the value, character, ecological integrity and hydrological integrity of the Leased Premises, help conserve and maintain the animal and plant populations on the Leased Premises, and prohibit non-agricultural development activity on the Leased Premises, hereinafter referred to as the "conservation purposes," subject to the provisions set forth herein; and

Whereas, the Lessor [Landowner] and Lessee [government agency or land trust] mutually recognize that the activities that take place on lands adjoining the Leased Premises can and may have an impact or affect on the value, character, ecological integrity, hydrological integrity and/or the animal and plant populations on the Leased Premises, and have the common purpose of managing these adjoining lands in such a manner so as to avoid completely or make the "best effort" to minimize any negative impact of affect upon the Leased Premises;

Now, therefore, in consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Lessor [Landowner] does hereby demise and lease to Lessee [government agency or land trust], and Lessee [government agency or land trust] does hereby lease from Lessor [Landowner], for the purpose of operating a Private Habitat Conservation Lease, all of the premises situated in County, Florida, and more particularly described in Exhibit "A" which is attached hereto and made a part hereof, and hereinafter referred to as the "Leased Premises" and, additionally, as the "Adjoining Lands".

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ARTICLE 1. PURPOSE OF LEASE

1.01. The purpose of this Lease shall be sixfold:

(a) To lease all residential, commercial, industrial and non-agricultural development rights on the Leased Premises and Adjoining Lands to prevent all further said development during the term of the lease;

(b) To provide for the long-term management of the Leased Premises to maintain the value of the property to ecosystem function (including location, quality, amount, and connection to other parcels and/or other natural systems);

(c) To provide for the long-term management of the natural habitats on the Leased Premises so that these habitats may continue to provide food and cover and otherwise support the number of different threatened and endangered species that were located on the premises on the date of the commencement of this Lease and as identified in Attachment 1;

(d) To encourage additional actions wherever possible to restore and improve these habitats so they will support additional indigenous and keystone species;

(e) To provide for the long-term management of the Adjoining Lands so the activities that take place on these lands do not interfere or conflict with (b), (c) and (d) above; and

(f) To provide other services, including access to the Leased Premises for monitoring and/or for research, as described in Attachment 8.

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1.02. Future uses consistent with these purposes shall be permitted without restriction. Future uses that are inconsistent with these purposes or that, in the Lessor's [Landowner's] best estimate, have the potential to interfere or conflict with these purposes, shall be strongly discouraged and shall require notification and discussion with the Lessee [government agency or land trust], as provided in Paragraph 2.04(c) below.

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ARTICLE 2: DEMISE OF LEASED PREMISES
Description of Leased Premises

2.01. Lessor [Landowner] leases to Lessee [government agency or land trust], and Lessee [government agency or land trust] rents and accepts from Lessor [Landowner], a parcel of land in _____________, County of _____________, State of Florida ("Leased Premises" and "Adjoining Lands"), graphically depicted on Exhibit A (map) and Exhibit C (aerial photograph), and more particularly described by metes and bounds in Exhibit B, all of which are attached to this Lease and made a part of it. In the event of any inconsistency between the depiction of the Leased Premises and Adjoining Lands in Exhibit A and the description in Exhibit B, the metes and bounds in Exhibit B shall be the authoritative description.  Exhibit C is attached for the purposes of showing the features of the Leased Premises and Adjoining Lands which can be visually identified from an aerial survey, including the structures, roads, fields, groves, fences, ditches, and other improvements, and forest cover, wetlands and other natural features that were present and identifiable on the Leased Premises and Adjoining Lands as of the commencement date of this Lease.

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Land Subject to Liens, Encumbrances, and Other Conditions

2.02. This Lease, the Leased Premises and the Adjoining Lands are subject to all present liens, encumbrances, conditions, rights, easements, restrictions, rights of way, covenants, other matters of record, and zoning and building laws, ordinances, regulations, and codes affecting or governing the Leased Premises and Adjoining Lands or that may affect and govern the Leased Premises and the Adjoining Lands after the execution of this Lease, and all matters that may be disclosed by inspection or survey.

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Qualifications and Reservations Concerning the Premises
and Its Use, and Subordination of Lease to Mortgages

2.03. This Lease is subject and subordinate to:

(a) Any statement of facts that an accurate survey may show; present and future laws, ordinances, orders, rules and regulations of any governmental or public authority including, without limitation, those relating to zoning and use; and any restrictions, covenants and easements of record.

(b) Any and all present and future mortgages (and their renewals, modifications, consolidations and extensions) on the Leased Premises and Adjoining Lands.

(c) Any present or future dispositions (including, without limitation, sales or leases) of (1) any sub-surface interest in the Leased Premises and Adjoining Lands (including, without limitation, oil, gas and mineral interests), (2) limerock or (3) forest or timber products; and this right of disposition shall, without limitation, include all related incidental rights (including, without limitation, rights of ingress and egress). For any portions of the surface of the Leased Premises and Adjoining Lands used by Lessor [Landowner] under this "(c)", and correspondingly denied to Lessee [government agency or land trust], Lessee [government agency or land trust] shall be credited, on a pro-rata basis (time and space), against the rent payable by Lessee [government agency or land trust] under Article 3. Lessor [Landowner] shall also compensate the Lessee [government agency or land trust] for any lasting or permanent damage caused by Lessor [Landowner] to the habitats, natural areas and/or other natural resources covered by this Lease, as provided under Paragraph 9.02.

(d) Surface and sub-surface water resources shall be available for agricultural production at levels authorized for the Leased Premises and Adjoining Lands on the commencement date of this Lease.

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Expansion of Current Use

2.04. (a) In the event Lessor [Landowner] seeks to expand the current agricultural production or use of the subject properties, Lessor [Landowner] must submit a proposed modification of the Farm Operation Document to Lessee [government agency or land trust] (Attachment 3). If the proposed modification is denied because of concerns for [choose one: a threatened or endangered species as described more fully in Attachment 1 (List of Threatened and Endangered Species and Other Natural Resources of Significant Value Covered by this Lease) or the endangered Florida panther], Lessor [Landowner] and Lessee [government agency or land trust] shall make their best effort to work together in good faith to find a practical, cost-effective way in which the proposed modification can be accommodated without causing, or by greatly minimizing, any negative impact or affect that the modification might have on the Leased Premises. If this approach is not possible or practical, the Lessor [Landowner] and Lessee [government agency or land trust] shall continue to make their best effort to work together in good faith to find a means to mitigate, offset or make reparations for any damage or impact that the proposed modification might cause on the Leased Premises. Finally, if it is not possible to modify, accommodate, mitigate or make reparations for the proposed modification without causing irreparable damage and harm to the value, character, ecological integrity, hydrological integrity , and /or animal and plant populations on the Leased Premises, the proposed modification shall be denied and the Lessor [Landowner] shall receive an additional level of compensation from Lessee [government agency or land trust] as defined in Article 3.

(b) If Lessor [Landowner] desires to expand its use of the subject properties for hunting leases and it is restricted due to preservation reasons for [choose one: a threatened or endangered species as described more fully in Attachment 1 or the Florida panther], under such circumstances, Lessor [Landowner] may be entitled to an additional rent.

(c) In the event Lessor [Landowner] seeks to take any other action or make any other use of the subject properties that is not related to agricultural production and/or hunting and that, in the Lessor's [Landowner's] best estimate, is inconsistent with or has the potential to interfere or conflict with the purposes of this Lease, Lessor [Landowner] must notify Lessee [government agency or land trust] of said action or use in writing at least thirty (30) days in advance of taking said action or initiating said use. If Lessee [government agency or land trust] agrees that said action or use has the potential to interfere or conflict with the purposes of this Lease, Lessor [Landowner] and Lessee [government agency or land trust] shall take the steps set forth in 2.04(a), above, to find a practical, cost-effective way in which the proposed action or use can be modified and accommodated, or if that is not possible or practical, to find a means to mitigate, offset or make reparations for any damage or impact that the proposed action or might cause on the Leased Premises. Finally, if it is not possible to modify, accommodate, mitigate or make reparations for the proposed action or use without causing irreparable damage and harm to the value, character, ecological integrity, hydrological integrity , and /or animal and plant populations on the Leased Premises, the proposed action or use shall be denied without further compensation to the Lessor [Landowner].

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Use of Land

2.05. (a) Permitted Use of the Subject Properties. The Leased Premises and the Adjoining Lands are currently utilized for agricultural production (or if not agriculture, describe current use:_______________) as described in specific detail in Attachment 2 (Current Agricultural Production Detail) and Attachment 3 (Farm Operation Document to this Lease Agreement). It is the intent of this Lease Agreement that the current uses shall continue, and these properties shall remain available and conducive for the continuation of the current uses, for agricultural production and maintenance of native landscapes through the terms of this Lease Agreement. Lessor [Landowner] may make all use of the subject properties that is consistent with the terms of this Lease and is consistent with the intent of keeping the land available for agricultural use and in native landscapes to [choose one: protect essential habitat for the threatened and endangered species that are described in Attachment 1 or protect essential Priority Florida panther habitat and to encourage restoration of the endangered Florida panther population]. Attachment 3 (Farm Operation Document) describes the current farm conditions and will guide the agricultural operation intended for the Leased Premises and the Adjoining Lands. It is explicitly understood by both parties that the phrase "keeping the land available for agricultural use" includes the right to maintain any and all existing buildings, roads, fences, fish ponds and drainage ditches, and to construct and operate barns, fences and other structures or facilities necessary or useful to agriculture and related activities, subject to obtaining all consents and permits lawfully required therefore. "Maintenance" of roads, fish ponds, and drainage ditches shall include the right to clear, dredge, and reconstruct roads, fish ponds, and drainage ditches of similar sizes and types on or near the current locations.

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(b) Prohibited Uses. The subject properties shall not be used for any purposes that interfere or conflict with the intent of keeping the Leased Premises and the Adjoining Lands available for agricultural production; in native landscapes to [choose one: protect priority Florida panther habitat; and to encourage restoration of the endangered Florida panther habitat; or protect essential habitats for the threatened and endangered species described in Attachment 1; to maintain the ecological and hydrological functions that existed on the premises on the commencement date of this Lease; and to encourage restoration and/or development of additional habitat for the threatened and endangered species described in Attachment 1]. However, nothing in this Lease shall require the Lessee [government agency or land trust] or Lessor [Landowner] to take any action to restore the condition of the Leased Premises after any Act of God or other event over which they had no control.

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(c) Future Uses. Lessor [Landowner] shall submit to Lessee [government agency or land trust], as a proposed modification to the existing Farm Operation Document (Attachment 3), any contemplated action that will substantially change the management of the Leased Premises and the Adjoining Lands, or their permits or farm plans; however, it remains Lessor's Landowner's] responsibility to meet all applicable laws, regulations and codes in order to receive Lessee's [government agency's or land trust's] approval.

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No Representation or Warranty
Concerning Condition or Suitability of Land

2.06. Lessee [government agency or land trust] accepts the Leased Premises and Adjoining Lands in their present condition ("as is") without any representation or warranty by Lessor [Landowner] as to such condition. Lessor [Landowner] shall not be responsible for any visible or hidden defect or any future change in the condition of the Leased Premises and Adjoining Lands not contemplated in this agreement. Lessor [Landowner] makes no representation or warranty, expressed or implied, as to the suitability or fitness of the Leased Premises and Adjoining Lands or its appurtenances for any use of Lessee [government agency or land trust].

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ARTICLE 3. TERM AND RENT
Term of Lease

3.01. Lessee's [government agency's or land trust's] obligation to pay rent to ensure proper management of the Leased Premises and the Adjoining Lands in accordance with this Lease shall be for an initial term of twenty-five (25) years ("Term"), commencing on ____[date or date of this Lease] and ending on ___[date], unless terminated at an earlier date for any reason set forth in this Lease.

(a) The term of this lease shall be from_____,_____ ,_____ to _____,_____ , _____both dates inclusive, unless sooner terminated as herein provided.

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Automatic Renewal

3.02. Lessor [Landowner] must notify Lessee [government agency or land trust] in writing of intent to terminate Lease at least five (5) years prior to the termination date set forth in 3.01(a), above. If Lessor [Landowner] fails to make written notification to Lessee [government agency or land trust] of intent to terminate Lease prior to the twentieth (20^th) anniversary date of the commencement of this Lease, the Lease shall automatically renew itself for one year periods on each anniversary date of the Lease until Lessor [Landowner] (or his or her assigns) makes formal written notice of intent to terminate Lease.

(a) Lessee [government agency or land trust] shall notify Lessor [Landowner] in writing of this provision at least ninety (90) days prior to the twentieth (20^th) anniversary date of the Lease. Lessee [government agency or land trust] shall ask if Lessor [Landowner] wishes to provide written notification to terminate Lease, and shall explain the consequences to Lessor [Landowner] if Lessor [Landowner] does not provide timely written notification as required in the paragraph above. Lessee [government agency or land trust] shall also confirm that the rent payments and/or other compensation in effect at the time of said notice shall continue to be made to the Lessor [Landowner] without interruption in the manner provided herein in the event that Lessor [Landowner] does not provide said notification. Once Lessee [government agency or land trust] has complied with this provision, Lessee [government agency or land trust] shall be under no further obligation to request a written notice of termination from the Lessor [Landowner].

(b) If Lessor [Landowner] fails to provide timely written notification of Lessor's [Landowner's] intent to terminate this Lease and the Lease is automatically renewed, Lessee [government agency or land trust] shall be obligated to continue making annual rent payments and/or shall provide other compensation to the Lessor [Landowner] as set forth herein until the Lease is terminated. If said payments and/or compensation are not made or provided in a timely manner, this Lease shall not be renewed for any additional period and shall terminate on the date set forth herein.

(c) If Lessee [government agency or land trust] holds over after the expiration of the Lease Term for this or any other reason, and continues to pay rent and/or provide other compensation as set forth herein without objection from Lessor [Landowner], then Lessee's [government agency's or land trust's] tenancy shall be from year to year on all the terms and conditions of this Lease.

(d) Once written notification has been received by the Lessee [government agency or land trust] of the Lessor's [Landowner's] intent to terminate the Lease, the Lease shall continue in full effect for five (5) full years from the date of receipt by the Lessee [government agency or land trust] of said notification, or for five (5) full years from the next anniversary date of the Lease, whichever is longer. This five- (5-) year transition period is mandated in order to allow all parties ample time to determine how the properties subject to this Lease shall be affected and governed by the land use regulations that are in effect at the time of termination of the Lease.

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Rent

3.03. Lessee [government agency or land trust] shall pay rent to Lessor [Landowner], without notice or demand and without abatement, reduction, or set-off for any reason, at the office of Lessor [Landowner] or any other place that Lessor [Landowner] may designate in writing. The rent shall be payable at the following annual rates for the following periods of the Lease:

___ through _____ $___

___ through _____ $___

After ____[date], rent shall be payable at the minimum annual rate of $___ ("Minimum Rent Amount"), subject to adjustment as provided in this Article 3.

Rent shall be payable in equal annual installments in advance on the ___ day of _____ each year. If any payment is not received within ___ days after the date when due, Lessee [government agency or land trust] shall pay a late charge of ___ percent of the payment due for that year. This late charge payment shall be included with the next annual installment of rent, or on the date this Lease is terminated, whichever is earlier. If this Lease is to commence on a date other than the date when annual payments shall be made, then on the date of commencement Lessee [government agency or land trust] shall pay rent for the fractional portion of the year on a per diem basis from the date of commencement until the day when annual payments shall be made.

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Rent and Lessee's [government agency's or land trust's] Expenses

3.04. (a) Lessee [government agency or land trust] agrees to pay to Lessor [Landowner] at __________ , without prior demand therefore and without any deduction or set-off whatsoever, and as a fixed rent, the sum of $_____ , $______ payable upon the execution of this agreement with the remaining balance being paid on or before the day of ____, ____19___.

(b) Base Rent. In consideration for this Lease Agreement, Lessor [Landowner] shall receive compensation for:

(1) leasing all residential, commercial, industrial and non-agricultural development rights on the Leased Premises and the Adjoining Lands as identified herein (Exhibits A and B) at a level based upon the length of the Lease Agreement;

(2) for managing the Leased Premises to maintain the value of the property to ecosystem function (including location, quality, amount, and connection to other parcels and/or other natural systems);

(3) for managing the Leased Premises to maintain the natural habitats on the premises so that these habitats can continue to provide food and cover and otherwise support the number of different threatened and endangered species that were located on the property on the date of the commencement of this Lease and as identified in Attachment 1; and

(4) for managing the Adjoining Lands so that the activities that take place on these lands do not interfere or conflict with (2) and (3) above.

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Base rent compensation to be paid by Lessee [government agency or land trust] to Lessor [Landowner] is more specifically defined in Attachment 4 to this Lease Agreement. This Lease does not grant to Lessee [government agency or land trust] any continuing interests in land, either real or implied, but, instead, provides the aforementioned rights to the Lessee [government agency or land trust] as a "service" and prohibits the Lessor [Landowner] from exercising these rights during the Lease Term. This Lease is a Management Agreement that specifies that Lessor [Landowner] shall manage the identified properties in such a way as to maintain their ecological functions throughout the Lease Term in a manner that is at least equal to, if not, over time, better than what is found on these properties on the commencement date of this Lease. The management activities that the Lessor [Landowner] is to perform as part of this Lease Agreement are more specifically defined in the Farm Operation Document, which is included as Attachment 3 to this Lease Agreement, and in the Best Management Practices Document, which is included as Attachment 6 to this Lease Agreement. This Lease is also a Service Contract that provides certain rights to the Lessee [government agency or land trust] as a service and specifies that Lessor [Landowner] shall perform other identified services and/or allow the Lessee [government agency or land trust] to perform identified services (such as using the property for research and installing improvements on the property for research), as described in Attachment 8.

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The base rent compensation menu for Lessor [Landowner] is as follows: [Note: tax credits, annual payments and other compensation paid to Lessor [Landowner] shall be calculated on a per acre basis on a sliding scale -- except in paragraph 3.04(3) below -- which shall be determined by the intensity of use on the lands subject to this Lease, with the highest payment being for natural areas that have significant or notable natural resources, ecological functions or populations of threatened and endangered species (the "Leased Premises"); the second highest payment for native pasture (which may be considered part of the "Leased Premises" or part of the "Adjoining Lands"); the third highest payment for improved pasture (which generally will be considered part of the "Adjoining Lands"); and so on, with the compensation per acre descending proportionately as the intensity of the land's use increases]:

(c) A Federal Estate tax credit in the form of a percentage (0-100%) of any federal estate tax that might arise due to the death of Lessor [Landowner] (or_________) that occurs during the term of this Lease Agreement. This estate tax credit shall be computed according to the value of the Leased Premises and the Adjoining Lands at time of death (or six months thereafter) as determined by appraisal, based upon the Income Approach. This tax credit is capped at $_____, an amount fairly compensating Lessor [Landowner] for the value of the leased property, plus additional compensation for accepting the risk that no federal estate tax consequences may have occurred during the course of the Lease Agreement.

(d) A Federal Income tax credit in the amount of_____ to be offset against any federal income tax due and owing by Lessor [Landowner] each year during the term of this Lease Agreement. This federal income tax credit shall be a percentage (0-100%) of the amount due on all net income earned on an annual basis from the Leased Premises and the Adjoining Lands, or an amount capped at $____, an amount fairly compensating Lessor [Landowner] for the value of the leased property, plus additional compensation for accepting the risk that no federal income tax obligations may have occurred during a given year.

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(e) Lessor [Landowner] shall be granted the lowest ad valorem tax for the Leased Premises and the Adjoining Lands during the term of the Lease and shall be exempt from any special assessments.

(f) Florida Agricultural Use Assessment Law (Green Belt Law) of the State of Florida shall be used for assessing ad valorem taxes.

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(g) Right of First Refusal. Lessee [government agency or land trust] shall have the right of first refusal to purchase the Leased Premises and Adjoining Lands from the Lessor [Landowner] and/or his or her assigns should these properties be offered for sale at any time during the term of the Lease and/or within five (5) years after termination of the Lease.

(h) Conversion of Lease to Conservation Easement . Lessee [government agency or land trust] shall have the right to enter into discussions with the Lessor [Landowner] and/or his or her assigns at any time during the term of the Lease and/or within five (5) years after termination of the Lease in order to negotiate a permanent conservation easement on the Leased premises and/or the Adjoining Lands.

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Additional rent shall be paid under the following circumstances:

(i) Additional Rent. Lessor [Landowner] shall receive rent in addition to the base rent in consideration for Lessor's [Landowner's] inability to expand its agricultural operation onto or within the Leased Premises due to preservation reasons to [choose one: protect priority Florida panther habitat; or encourage restoration of the endangered Florida panther habitat; or protect essential habitats for the threatened and endangered species described in Attachment 1; or maintain the ecological and hydrological functions that existed on the premises on the commencement date of this Lease; or encourage restoration and/or development of additional habitat for the threatened and endangered species described in Attachment 1]. Additional rent sums to be paid by Lessee [government agency or land trust] to Lessor [Landowner] for these reasons are more specifically defined in Attachment 5 to this Lease Agreement.

(j) Hunting Leases. Lessor [Landowner] shall receive rent in addition to the base rent in consideration for Lessor's [Landowner's] inability to expand use of the subject properties for hunting leases if such use is restricted due to preservation reasons for [choose one: a threatened or endangered species as described more fully in Attachment 1 or the Florida panther]. Additional rent sums to be paid by Lessee [government agency or land trust] to Lessor [Landowner] for this reason are more specifically defined in Attachment 5 to this Lease Agreement.

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(k) Longer Lease. Lessee [government agency or land trust] shall offer Lessor [Landowner] a premium of $____ per acre per year in addition to the base rent during the term of the Lease and/or a lump sum payment of $____ on ______ [date] to obtain the right to enter into a longer Lease, with a term of _____ [50/75/100 years], with the Lessor [Landowner] and/or his or her assigns at any time during the term of the Lease.

(l) Improved Habitats, Wildlife Populations and/or Ecological Functions. Lessee [government agency or land trust] shall offer Lessor [Landowner] a premium of $____ per acre per year in addition to the base rent during the remaining balance of the Lease Term if surveys of the identified properties show that actions taken by the Lessor [Landowner] have improved habitats, wildlife populations and/or other ecological functions so that the identified properties: (1) support additional species of plants and/or animals beyond those that were present on the commencement date of the Lease, as described in Attachment 1, and including indigenous and keystone species; (2) support expanded populations of the threatened and/or endangered species that were present on the commencement date of the Lease, as described in Attachment 1; and/or (3) have improved other specific ecological functions on the subject properties in a way that can be documented and attributed to actions taken by the Lessor [Landowner].

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(m) Additional Access. Access to the Leased Premises and the Adjoining Lands by the Lessee [government agency or land trust] and/or the Lessee's [government agency's or land trust's] representatives is limited to one visit every five (5) years, which shall be for a duration of up to twelve (12) hours to physically inspect the Leased Premises to ensure that all provisions of this Lease have been and are being met by the Lessor [Landowner]. Said visit shall be proceeded by written notice to the Lessor [Landowner] of the Lessee's [government agency's or land trust's] desire to visit the Leased Premises, which shall be received by the Lessor [Landowner] no less than 30 calendar days in advance of the proposed date of the visit, and shall be arranged at a time and on a date that is convenient to the Lessor [Landowner]. The Lessee [government agency or land trust] has the right to monitor the Leased Premises and all activities that take place on or near the Leased Premises at any time by an aerial survey. This right allows the Lessee [government agency or land trust] and/or designated representatives of the Lessee [government agency or land trust] to fly over the Leased Premises for the purposes of visual inspection and/or aerial photography, providing that said overflights are conducted in such a way so as not to disturb or interfere with the Lessor's [Landowner's] agricultural operations and/or other bonafide business activities, and the Lessor's [Landowner's] right to the quiet and peaceable enjoyment of his or her property. To gain additional access to the Leased Premises and/or the Adjoining Lands, as more specifically described in Attachment 8, Lessee [government agency or land trust] shall offer Lessor [Landowner] a premium of $____ per acre per year in addition to the base rent during the term of the Lease and/or a lump sum payment of $____ on ______ [date].

(n) Right to Construct and/or Install Improvements. Lessee [government agency or land trust] shall offer Lessor [Landowner] a premium of $____ per acre per year in addition to the base rent during the term of the Lease and/or a lump sum payment of $____ on ______ [date] for the right to construct and/or install improvements on the Leased Premises, as described in Attachment 8 and as governed by all provisions herein.

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3.05. All acts required by this Lease to be done by Lessee [government agency or land trust] as consideration therefor, either at the inception of this agreement, during the term of this agreement or at the conclusion of this agreement, shall be done promptly at the Lessee's [government agency's or land trust's] expense. In the event that Lessee [government agency or land trust] fails to perform any of the conditions required of him as consideration for this agreement or at the conclusion of this agreement, Lessor [Landowner] may, after ninety (90) days written notice to Lessee [government agency or land trust] of such failure to perform, perform such consideration, or contract to perform such consideration at Lessee's [government agency's or land trust's] expense.

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3.06. Time is of the essence of this agreement.

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Time and Manner of Payment

3.07. All rent due under this Article shall be paid by Lessee [government agency or land trust] on a yearly basis and in advance, on the first business day of of each year. All installments of rent shall be paid in lawful money of the United States to the ___________ [name of bank] at ________ [address], for the account of Lessor [Landowner], unless and until Lessor [Landowner] notifies Lessee [government agency or land trust] in writing to make no further payment to this Bank and designates in writing some other bank in ___________ [city and state], as the depository of the rents.

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Interest on Delinquent Payments

3.08. Rent installments unpaid for shall bear interest at the rate of percent per annum, commencing on the day after each installment was due and continuing until the installment is paid as provided in Paragraph 3.05, above.

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ARTICLE 4. USE AND CONSTRUCTION OF IMPROVEMENTS
Primary Use

4.01. Lessee [government agency or land trust] shall have the right to use the Leased Premises for private habitat conservation of endangered species. In this connection, and without detracting from the foregoing, it is understood and agreed that the primary use for which the Leased Premises has been leased is for the development of habitat for threatened and endangered species of Florida's wildlife.

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4.02. Lessee [government agency or land trust] explicitly contracts with Lessor [Landowner] to carry out the management practices described in Attachment 6, which are intended to help ensure the continued ecological and hydrological integrity of the Leased Premises and ensure that the Leased Premises shall remain suitable for and capable of providing cover and food and otherwise supporting the populations of threatened and endangered species described in Attachment 1. Lessee [government agency or land trust] shall have only very limited access to the Leased Premises and Adjoining Lands, as described in Paragraphs 3.04(m) and 9.01, unless otherwise provided in Attachment 8, and shall, instead, rely on the Lessor [Landowner] to honor the intent and purpose of this Lease and carry out the management practices prescribed herein. Should Lessee [government agency or land trust] elect to use its own agents or representatives to enter the Leased Premises, to construct buildings or make improvements, and/or to study the biology, hydrology, archeology or other aspect of the Leased Premises or the characteristics and/or behaviors of the plant and animal species present, all details of said activities shall be described in Attachment 8 (including frequency and duration of access that shall be permitted on an annual basis, the purpose or purposes of visits, type of advance notice that is required to be delivered to Lessor [Landowner] prior to any visit for any purpose, and types of buildings or improvements that may be constructed). In this case, Lessee [government agency or land trust] shall be bound by all the additional responsibilities and obligations set forth in Articles 4, 5, 6 and 8, and shall pay additional compensation to Lessor [Landowner] in addition to the base rent, as provided in Paragraphs 3.04(m) and (n). The level of this additional compensation shall be computed based on the frequency and duration of access required by the Lessee [government agency or land trust], the purpose or purposes for which access is being requested, the amount and severity of disruption that said access may cause to the Lessor [Landowner] and his or her normal agricultural and other business operations, and the extent and size and impact that can reasonably be expected to result from the construction of buildings and other improvements on the Leased Premises.

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Lessee's [government agency's or land trust's] Right to Construct Buildings
and Other Improvements

4.03. Lessee [government agency or land trust] shall not have the right to construct structures, buildings, and other improvements ("Improvements") on the Leased Premises, except as provided in Attachment 8, without the prior approval of Lessor [Landowner], and without compensation to the Lessor [Landowner], as provided in Paragraph 3.04(n).

[The Balance of Paragraph 4.03 and Paragraphs 4.04 and 4.05 to be Included Only if Lessee [government agency or land trust] has Additional Access to the Leased Premises as provided in Paragraphs 3.04(m) and 9.01, and as described in Attachment 8.]

In connection with any construction allowed under Attachment 8, Lessee [government agency or land trust] may be permitted to grade, level, and fill the land, remove trees and shrubs, install roadways and walkways, and install utilities, provided all of the foregoing serve the Improvements erected on the Leased Premises, are necessary and essential to the Lease and do not interfere or conflict with the purposes of this Lease. Lessor [Landowner] shall have no liability for any costs or expenses in connection with the construction of Improvements on the Leased Premises.

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Lessor's [Landowner's] Assistance With Zoning and Building Permits

4.04. Lessor [Landowner] may assist Lessee [government agency or land trust] in applying for and obtaining any zoning changes or variances, use permits, or building permits necessary for the construction of incidental improvements on the Leased Premises.

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Lease Contingent on Zoning Approval

4.05. This Lease is expressly made contingent on the granting of ____ [specify zoning, zoning variance or conditional use permit desired] within ___ days. If the above-described zoning approval is not granted within that time, this Lease shall be void.

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ARTICLE 5. OPERATING COSTS AND IMPOSITIONS

[Article 5 to be Included Only if Lessee [government agency or land trust] has
Additional Access to the Leased Premises as provided in Paragraphs 3.04(m) and 9.01, and as described in Attachment 8.]

Rent to Be Absolutely Net

5.01. The rent paid to Lessor [Landowner] in accordance with Article 3 of this Lease shall be absolutely net to Lessor [Landowner]. This means that, in addition to the rent, Lessee [government agency or land trust] shall pay all "Operating Costs" and "Impositions" defined in Paragraphs 5.02 and 5.03, below, in connection with the Leased Premises.

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Definition of Operating Costs

5.02. "Operating Costs" shall include, but shall not be limited to, all expenses paid or incurred in connection with the following activities, which are required or requested by Lessee [government agency or land trust]:

(a) Repairs, maintenance, and replacements.

(b) Landscaping.

(c) Insurance.

(d) Costs of wages and salaries for all persons engaged in the operation, maintenance, and repair of the Leased Premises, including fringe benefits and social security taxes.

(e) All other expenses, whether or not mentioned in this Lease, that are incurred with regard to operation of the Leased Premises, including any replacements if necessary for repairs and maintenance or otherwise.

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Supplies and Utilities

5.03. Lessor [Landowner] will not furnish any supplies or utilities whatsoever for activities related to maintenance of the Leased Premises. Lessee [government agency or land trust] shall promptly pay for all supplies and utilities, including, without limitation, gas, electricity, light, heat, power and telephone and communication services.

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Definition of Impositions

5.04. "Impositions" shall include all fines and levies that result from construction activities or the normal operation of the premises on the Leased Premises, all real estate property taxes, assessments, and other governmental charges that are laid, assessed, levied, or imposed on the Leased Premises and become due and payable during the Term of this Lease, or any lien that arises during the time of this Lease on the Leased Premises and Improvements, any portion of these, or the sidewalks or streets in front of or adjoining the Leased Premises and Improvements.

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Maintenance and Improvements

[Lessor [Landowner]’s responsibilities and obligations for maintenance and management of the Leased Premises shall be set forth in Attachment 3 and Attachment 6]

5.05. (a) Lessee [government agency or land trust] shall not commit or permit to be committed any waste of the land by the Lessee [government agency or land trust] nor by any of Lessee's [government agency's or land trust's] invitees, licensees, guests, nor by any individual, nor by any entity whatsoever.

(b) Fences - Lessee [government agency or land trust] agrees to fence all outer boundaries of the land, except when specifically exempted by Lessor [Landowner]. Fencing will be constructed as herein provided. Lessee [government agency or land trust] acknowledges that the land is within or adjacent to an area used for grazing. Lessee [government agency or land trust] agrees to fence the land and to maintain the fences in such manner as to prevent livestock from entering the land or harming any property. The fences shall be constructed with a minimum of three-strand barbed wire stretched securely on posts no more than fifteen (15) feet apart and shall adequately be braced at all corners. Fences shall be located far enough outside any perimeter farm dike so as not to interfere with ditch maintenance, but no more than fifty (50) feet outside any such perimeter dike surrounding the farm. No farm fence shall be coupled with a fence that encloses grazing land without the written consent of the party occupying such grazing land. Lessee [government agency or land trust] shall exercise care to avoid damage to fences and other structures on or adjacent to the land, and shall exercise care to minimize the risk of cattle escaping through gates or cattle gaps. If Lessor [Landowner] is notified by any of Lessor's [Landowner's] grazing Lessee [government agency or land trust]s or farm Lessee [government agency or land trust], that Lessee [government agency or land trust], his representatives, employees or invitees are not properly closing or securing gates, Lessee [government agency or land trust] shall, on Lessor's [Landowner's] demand, install a cattle guard (acceptable to Lessor [Landowner]) within ten (10) days of such demand. Lessee [government agency or land trust] further agrees that he will instruct his employees, agents, contractors, guest and invitees that occupants of each vehicle passing through such gates to the lands shall be required to close such gates, and that such vehicle occupants are not to leave gates open and that they are further not allowed to rely on others to close any such gate. Lessee [government agency or land trust] further agrees that he will take such action as is necessary to implement and enforce these instructions and covenants with respect to all his employees, contractors, guests and invitees.

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(c) Trespassers - Lessee [government agency or land trust] may police the land and Lessee [government agency or land trust] may be responsible for the removal and eviction of any and all trespassers to the land. Lessor [Landowner] shall have no responsibility with respect to the removal or eviction of trespassers to the land.

(d) Locks on Gates - Each gate on perimeter fence adjacent to roads shall be locked by Lessee [government agency or land trust], and Lessee [government agency or land trust] shall furnish to Lessor [Landowner] a key or combination thereto.

(e) Roads, ditches, dikes, etc. - Lessee [government agency or land trust] shall not construct any ditches (other than interior V ditches), dikes, roads or other improvements or structures without the prior written consent of Lessor [Landowner]. It is agreed and understood by and between Lessor [Landowner] and Lessee [government agency or land trust] that such improvements may require permits from various governmental agencies before construction begins. Any such improvements will be done at Lessee's [government agency's or land trust's] expense, including the obtaining of any permits and payment of permit fees where applicable. Lessor [Landowner] shall render reasonable assistance in obtaining any such permits. Lessee [government agency or land trust] further covenants and agrees to maintain any and all existing roads, ditches and dikes in a manner satisfactory to Lessor [Landowner] that are incidental to the Lessee's [government agency's or land trust's] operations.

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(f) Water Wells - Lessee [government agency or land trust] shall not drill or rework any well on the leased premises without prior written consent of Lessor [Landowner], and without appropriate permits from the South Florida Water Management District and any other public agency regulating water use and water wells. Lessor [Landowner] will make application to the appropriate agency upon request by Lessee [government agency or land trust]. In order to meet South Florida Water Management District permit requirements, Lessee [government agency or land trust] will keep accurate pumping records of wells on said the leased premises. The records will be submitted to Lessor [Landowner] on a monthly basis. The records will be kept in a manner and submitted in a form, acceptable to Lessor [Landowner].

(g) Utilities - No utility lines shall be placed on the land without Lessor's [Landowner's] prior written consent. All expenses incurred will be the responsibility of Lessee [government agency or land trust], including contract for electrical power.

(h) Structures and Trailers - No structures, trailers or mobile homes shall be placed on the premises without Lessor's [Landowner's] prior written consent.

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(i) Timber - Lessee [government agency or land trust] shall avoid injury to, or destruction of, growing timber (including, without limitation, injury or destruction by fire). Lessee [government agency or land trust] shall not cut or remove, nor cause to be removed any standing, green, dead or falling timber from the land. Lessee [government agency or land trust] shall not drive nails, spikes or staples into, or otherwise deface or mar, any tree, green or dead, on the land.

(j) Burning - No burning shall be done on the land except after prior written notice to Lessor [Landowner] and after a joint inspection by Lessee [government agency or land trust] and Lessor [Landowner]; and the method of burning shall be subject to the prior approval of the Florida Division of Forestry and, where required, only after permit. Lessee [government agency or land trust] shall be responsible for obtaining of all permits required by the Division of Forestry prior to any such burn.

(k) Windrowing - No windrowing of roots, palmettos, brush or other refuse shall be done. Roots, palmettos, brush or other refuse shall be burned, destroyed or hauled away and disposed of by Lessee [government agency or land trust], in accordance with all applicable governmental rules, regulations, statutes, and ordinances while the land is being cleared for farming.

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(l) Pesticides and Fertilizers - Lessee [government agency or land trust] shall not bring upon the Leased Premises, cause to be brought upon the Leased Premises nor in any way commit to the Leased Premises by dumping, ground rig spraying, aerial spraying or in any other manner whatsoever pesticides or fertilizers which when used separately or in a combined state would create or cause to be created any substance which in such deleterious or toxic state could be categorized as hazardous waste material. Lessee [government agency or land trust] shall not bring upon the Leased Premises nor allow or cause to be brought upon the Leased Premises any pesticide or fertilizer which would or could be categorized as a prohibited use pesticide or fertilizer. Lessee [government agency or land trust] shall not bring upon the lands nor cause to be brought upon the lands any pesticide or fertilizer which is or could be categorized as a restricted use pesticide or fertilizer without first obtaining all necessary permits for the application, storage or use thereof on the Leased Premises. In the use, storage or application of any pesticides or fertilizers to the Leased Premises by Lessee [government agency or land trust] or Lessee's [government agency's or land trust's] agents, employees or invitees, Lessee [government agency or land trust] shall take all such precautions as are necessary to see that such pesticides and fertilizers are stored, maintained and applied in such a way as to be consistent with all applicable rules and regulations of all federal, state and local agencies, together with all federal laws, all state laws and all local ordinances. In the event that Lessee [government agency or land trust] shall commit or cause to be committed any use, storage, mixture, dumping or application of any pesticide, fertilizer or chemical to the Leased Premises which results in any liability to Lessor [Landowner] whether by application, storage, dumping off target drifting, leachate or otherwise, then, in such event, Lessee [government agency or land trust] agrees to indemnify Lessor [Landowner] and hold Lessor [Landowner] harmless as to any and all such liability arising therefrom.

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(m) Livestock - No livestock shall be kept on the Leased Premises by Lessee [government agency or land trust]. Livestock is to include but is not limited to horses, cattle, hogs, sheep, goats, chickens, turkeys or other exotic animals. All dogs on the Leased Premises shall be kept penned or otherwise confined to the farm.

(n) Plastics - Plastics used in the growing of plants by Lessee [government agency or land trust] on the Leased Premises must be removed by Lessee [government agency or land trust] not later than thirty (30) days next after the growing cycle is completed. Under no circumstances shall plastics be disked into the ground. All plastics shall be removed from the Leased Premises or, in the alternative, burned until completely consumed provided always that any such burning shall be subject to the appropriate federal, state or local rules, regulations, statutes and ordinances.

(o) Crop Depredation by Wildlife - Control of wildlife that is damaging crops will be conducted in a manner consistent with all laws and regulations then in effect governing the taking of such wildlife. All requests for special crop depredation permits from the Florida Game and Fresh Water Fish Commission (gun and light permits) will be approved by Lessor [Landowner] prior to submittal of application by Lessee [government agency or land trust] to the Florida Game and Fresh Water Fish Commission. Only wildlife causing habitat depredation will be taken and then only within the perimeters of the Leased Premises.

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ARTICLE 6. LAWS AND GOVERNMENTAL REGULATIONS
Responsibilities of Lessor [Landowner] and Lessee [government agency or land trust] Not Affected

6.01. Other than as specified herein, this Agreement is not intended to impose any legal or other responsibility on the Lessor [Landowner], or in any way to affect any existing obligation of the Lessor [Landowner] as owner of the subject properties. Among other things, this shall apply to:

(a) Taxes. The Lessor [Landowner] shall be solely responsible for payment of all taxes and assessments levied against the subject properties, except as provided under the provisions of Article 3 or Article 5.

(b) Upkeep and Maintenance. The Lessor [Landowner] shall be solely responsible for the upkeep and maintenance of the subject properties, to the extent it may be required by law, as required by this Agreement and as set forth in Attachment 6, unless Lessee [government agency or land trust] is granted additional access to the Leased Premises as described in Attachment 8, in which case Lessee [government agency or land trust] shall be bound by the additional responsibilities and obligations set forth in Articles 4, 5, 6 and 8.

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[Paragraphs 6.02 through 6.05 to be Included Only if Lessee [government agency or land trust] has additional Access to the Leased Premises as provided in Paragraphs 3.04(m) and 9.01, and as described in Attachment 8.]

Compliance With Legal Requirements

6.02. Lessee [government agency or land trust] shall promptly comply with all laws and ordinances, and all orders, rules, regulations, and requirements of federal, state, and municipal governments and appropriate departments, commissions, boards, and officers of these governments ("Legal Requirements") throughout the Term of this Lease, and without cost to Lessor [Landowner]. Lessee [government agency or land trust] shall promptly comply with these Legal Requirements whether they are foreseen or unforeseen, or ordinary or extraordinary.

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Contest of Legal Requirements

6.03. Lessee [government agency or land trust] shall have the right, after prior written notice to Lessor [Landowner], to contest the validity of any Legal Requirements by appropriate legal proceedings, provided Lessor [Landowner] shall not be subject to any criminal or civil liability as a result of any legal contest. Lessee [government agency or land trust] shall indemnify and hold Lessor [Landowner] harmless from all loss, claims, and expenses, including reasonable attorneys' fees, as a result of Lessee's [government agency's or land trust's] failure to comply with Legal Requirements or any contest relating to Legal Requirements.

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Compliance with Governmental Regulations

6.04. At all times material hereto, Lessee [government agency or land trust] shall promptly comply with all present, and where applicable, from time to time, future laws, rules, regulations and directives of any municipal, county, state, federal or other governmental authority applicable to the land or to Lessee's [government agency's or land trust's] acts or activities on the Leased Premises. Lessee's [government agency's or land trust's] attention is specifically directed, among other things, to the need to notify the county building and zoning departments of any structures, other than temporary farm buildings, to be placed on the Leased Premises.

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Tax on Improvements by Lessee [government agency or land trust]

6.05. Lessee [government agency or land trust] shall pay all taxes accruing to or arising out of the construction of improvements placed upon the Leased Premises or caused to be placed upon the Leased Premises by Lessee [government agency or land trust].

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ARTICLE 7. LIENS AND ENCUMBRANCES
Creation Not Allowed

7.01. Lessee [government agency or land trust] shall not create, permit, or suffer any mechanics' or other liens or encumbrances on or affecting the Leased Premises or the fee estate or reversion of Lessor [Landowner] except as specifically permitted in this Lease.

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Discharge after Filing or Imposition

7.02. If any lien or encumbrance shall at any time be filed or imposed against the Leased Premises or the fee estate or reversion of Lessor [Landowner], Lessee [government agency or land trust] shall cause the lien or encumbrance to be discharged of record within ___ days after notice of filing or imposition by payment, deposit, bond, order of a court of competent jurisdiction, or as otherwise permitted by law. If Lessee [government agency or land trust] shall fail to cause the lien or encumbrance to be discharged within the ___ day period, then in addition to any other right or remedy of Lessor [Landowner], Lessor [Landowner] shall be entitled but not obligated to discharge the lien or encumbrance whether by paying the amount claimed to be due or by procuring the discharge by deposit or by bonding proceedings. In any event, Lessor [Landowner] shall be entitled to compel the prosecution of an action for the foreclosure of any lien or encumbrance by the lien or and to pay the amount of the judgment for and in favor of the lien or with interest, costs, and allowances if Lessor [Landowner] elects to take this action. All amounts paid by Lessor [Landowner] and all of its costs and expenses in connection with the actions taken by Lessor [Landowner], including court costs, reasonable attorneys' fees, and interest at the highest legal rate in effect at the time these moneys are due, shall be deemed to be additional rent under this Lease and shall be paid by Lessee [government agency or land trust] to Lessor [Landowner] promptly on demand by Lessor [Landowner].

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Lessor [Landowner] Not Liable for Labor,
Services, or Materials Furnished to Lessee [government agency or land trust]

7.03. Lessor [Landowner] shall not be liable for any labor, services, or materials furnished or to be furnished to Lessee [government agency or land trust] or to any sublease in connection with any work performed on or at the Leased Premises, and no mechanics' lien or other lien or encumbrance for any labor, services, or materials shall attach to or affect Lessor's [Landowner's] fee estate or reversion in the Leased Premises.

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No Liens from Acts of Lessee [government agency or land trust]

7.04. Lessee [government agency or land trust] shall not have the right or authority to take any action or enter into agreement which may create or be the source for any lien on the Leased Premises. Lessee [government agency or land trust] shall, within ten (10) days of the filing of any lien which effects the Leased Premises wheresoever and whatever (including, without limitation mechanics' or materialmen's liens) arising from any acts or omissions of Lessee [government agency or land trust] (or any of Lessee's [government agency's or land trust's] representatives, employees or invitees), either pay or discharge any such liens (including where necessary, the filing of any required bonds).

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ARTICLE 8. INSURANCE AND INDEMNITY

[Paragraphs 8.01 through 8.04 Included Only if Lessee [government agency or land trust] has Additional Access to Leased Premises as provided in Paragraphs 3.04(m) and 9.01,
and as described in Attachment 8.]

Fire and Extended Coverage

8.01. At all times during the Term of this Lease, Lessee [government agency or land trust] shall maintain, at its sole cost, insurance covering the Improvements including, without limitation, all Improvements now located on the Leased Premises or that may be erected on the Leased Premises, against loss or damage by fire, vandalism, malicious mischief, windstorm, hail, smoke, explosion, riot, civil commotions, vehicles, aircraft, flood, or earthquake, together with any other insurance that Lessor [Landowner] may require from time to time. The insurance shall be carried by insurance companies authorized to transact business in Florida, selected by Lessee [government agency or land trust] and approved by Lessor [Landowner] and any Lender under Article ___ of this Lease. In addition, the following conditions shall be met:

(a) The insurance shall be in amounts no less than ___ percent of the replacement cost of the buildings and other improvements, exclusive of foundations and below-ground improvements (but sufficient to satisfy the requirements of any coinsurance clause).

(b) The insurance shall be maintained for the mutual benefit of Lessor [Landowner] and Lessee [government agency or land trust], any succeeding owners of the fee title in the Leased Premises, any successors and assigns of this Lease. The insurance policy or policies shall name both Lessor [Landowner] and Lessee [government agency or land trust] as insureds.

(c) Any and all fire or other insurance proceeds that become payable at any time during the Term of this Lease because of damage to or destruction of any Improvements on the Leased Premises shall be paid to Lessee [government agency or land trust] and applied by Lessee [government agency or land trust] toward the cost of repairing, restoring, and replacing the damaged or destroyed Improvements in the manner required by Article 8 of this Lease. However, if Lessee [government agency or land trust] elects to exercise the option given under Article __ of this Lease to terminate this Lease because of damage to or destruction of Improvements, then any and all fire or other insurance proceeds that become payable because of that damage or destruction shall be applied as follows:

(1) Proceeds shall be applied first toward the reduction of the unpaid principal balance of any and all obligations secured pursuant to Article 10 of this Lease.

(2) The balance of the proceeds, if any, shall be paid to Lessor [Landowner] to compensate Lessor [Landowner], at least in part, for the loss to the fee estate of value of the damaged or destroyed Improvements.

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Property and Personal Injury Liability Insurance

8.02. At all times during the Term of this Lease, Lessee [government agency or land trust] shall maintain, at its sole cost, comprehensive broad-form general public liability insurance against claims and liability for personal injury, death, and property damage arising from the use, occupancy, disuse, or condition of the Leased Premises and Improvements, and adjoining areas. The insurance shall be carried by insurance companies authorized to transact business in the State of Florida, selected by Lessee [government agency or land trust] and approved by Lessor [Landowner] and any Lender under Article ___ of this Lease. In addition, the following conditions shall be met:

(a) The insurance provided pursuant to this Paragraph 8.02 shall be in an amount no less than $___ for property damage, and in an amount no less than $___ for one person and $___ for one accident for personal injury.

(b) The insurance shall be maintained for the mutual benefit of Lessor [Landowner] and Lessee [government agency or land trust], any succeeding owners of the fee title in the Leased Premises, and any successors and assigns of this Lease. The insurance policy or policies shall name both Lessor [Landowner] and Lessee [government agency or land trust] as insureds.

(c) The amounts of insurance shall be increased as Lessor [Landowner] may reasonably require from time to time to account for inflation, or generally increased insurance settlements or jury verdicts.

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Construction Liability Insurance

8.03. Lessee [government agency or land trust] agrees to obtain and maintain (to the extent reasonably procurable) construction liability insurance at all times when demolition, excavation, or construction work is in progress on the Leased Premises. This insurance shall be carried by insurance companies authorized to transact business in the State of Florida, selected by Lessee [government agency or land trust] and approved by Lessor [Landowner], and shall be paid for by Lessee [government agency or land trust]. The insurance shall have limits of no less than $___ for property damage, and $ ___ for one person and ___ for one accident for personal injury. The insurance shall be maintained for the mutual benefit of Lessor [Landowner] and Lessee [government agency or land trust], as well as for any succeeding owners of the fee title in the Leased Premises, and for any successors and assigns of this Lease, against all liability for injury or damage to any person or property in any way arising out of demolition, excavation, or construction work on the premises. The insurance policy or policies shall name both Lessor [Landowner] and Lessee [government agency or land trust] as insureds.

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Certificates of Insurance

8.04. Lessee [government agency or land trust] shall furnish Lessor [Landowner] with certificates of all insurance required by this Article 8. Lessee [government agency or land trust] agrees that if it does not keep this insurance in full force and effect, Lessor [Landowner] may notify Lessee [government agency or land trust] of this failure, and if Lessee [government agency or land trust] does not deliver to Lessor [Landowner] certificates showing all of the required insurance to be in full force and effect within ___ days after this notice, Lessor [Landowner] may, at its option, take out and pay the premiums on the insurance needed to fulfill Lessee's [government agency's or land trust's] obligations under the provisions of this Article 8. On demand from Lessor [Landowner], Lessee [government agency or land trust] shall reimburse Lessor [Landowner] the full amount of any insurance premiums paid by Lessor [Landowner], with interest at the rate of ___ percent per annum from the date of Lessor's [Landowner's] demand until reimbursement by Lessee [government agency or land trust].

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[Paragraphs 8.05 and 8.06 shall be a part of the Lease Agreement
whether or not Lessee [government agency or land trust] is granted Additional Access through Attachment 8]

Indemnification of Lessor [Landowner]

8.05. Lessor [Landowner] shall not be liable for any loss, damage, or injury of any kind or character to any person or property arising from any use of the Leased Premises or Improvements, or caused by any defect in any building, structure, equipment, facility, or other improvement on the Leased Premises, or caused by or arising from any act or omission of Lessee [government agency or land trust], or any of its agents, employees, licensees, or invitees, or by or from any accident, fire, or other casualty on the land, or occasioned by the failure of Lessee [government agency or land trust] to maintain the premises in safe condition. Lessee [government agency or land trust] waives all claims and demands on its behalf against Lessor [Landowner] for any loss, damage, or injury, and agrees to indemnify and hold Lessor [Landowner] entirely free and harmless from all liability for any loss, damage, costs, or injury of other persons, and from all costs and expenses arising from any claims or demands of other persons concerning any loss, damage, or injury, caused other than by the negligent or intentional act or omission of Lessor [Landowner].

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Public Liability Insurance and Indemnification

8.06. (a) Lessee [government agency or land trust] agrees to and shall, prior to the execution of this agreement, secure from a good and responsible company or companies doing insurance business in the State of Florida and maintain during the entire term of this Lease, public liability insurance in the minimum amount of $500,000.00 for loss from an accident resulting in bodily injury to or death of persons, and $100,000.00 for loss from an accident resulting in damage to or destruction of property. Lessee [government agency or land trust] agrees that Lessor [Landowner] shall be named as an additional insured on the aforementioned policies of insurance. The insurer shall be acceptable to Lessor [Landowner]. Written proof of such insurance coverage shall be supplied to Lessor [Landowner] at or prior to the execution of this Lease. Any such proof shall include a statement or verification by the insurer or his agent that Lessor [Landowner] will receive all notices or any riders, waivers, exclusions, renewals, non-renewals or terminations of the insurance.

(b) Lessee [government agency or land trust] agrees to indemnify and hold harmless Lessor [Landowner] from and against any and all claims, demands and causes of action, and expenses (including, without limitation, reasonable attorney's fees) arising from injuries to property or persons or deaths occurring, during the terms of Lease, on the Leased Premises or in connection with any acts or omissions of Lessee [government agency or land trust] or Lessee's [government agency's or land trust's] representatives, employees or invitees in or about the Leased Premises. However, this shall not entitle Lessor [Landowner] to any reimbursement which is provided for and has been paid under another insurance policy purchased by Lessee [government agency or land trust] for benefit of Lessor [Landowner].

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ARTICLE 9. DAMAGE OR DESTRUCTION OF HABITAT OR IMPROVEMENTS
Enforcement

9.01. The Lessee [government agency or land trust] shall have the right to prevent and correct violations of the terms of this Agreement. With reasonable advance notice to Lessor [Landowner], as provided herein, the Lessee [government agency or land trust] and/or the Lessee's [government agency's or land trust's] representatives may enter the property for the purpose of inspecting for violations. Said entry is limited to one visit every five (5) years, which shall be for a duration of up to twelve (12) hours to physically inspect the Leased Premises to ensure that all provisions of this Lease have been and are being met by the Lessor [Landowner]. Said entry shall be proceeded by written notice to the Lessor [Landowner] of the Lessee's [government agency's or land trust's] desire to enter the Leased Premises, which shall be received by the Lessor [Landowner] no less than thirty (30) calendar days in advance of the proposed date of the visit, and shall be arranged at a time and on a date that is convenient to the Lessor [Landowner]. The Lessee [government agency or land trust] has the right to monitor the Leased Premises and all activities that take place on or near the Leased Premises at any time by an aerial survey. This right allows the Lessee [government agency or land trust] and/or designated representatives of the Lessee [government agency or land trust] to fly over the Leased Premises for the purposes of visual inspection and/or aerial photography, providing that said overflights are conducted in such a way so as not to disturb or interfere with the Lessor's [Landowner's] agricultural operations and/or other bonafide business activities, and the Lessor's [Landowner's] right to the quiet and peaceable enjoyment of his or her property. If the Lessee [government agency or land trust] finds what is a violation, it may at its discretion take appropriate legal action. Except when an ongoing or imminent violation could irreversibly diminish or impair the value, character, ecological integrity, hydrological integrity and/or the animal and plant populations on the Leased Premises, the Lessee [government agency or land trust] shall give the Lessor [Landowner] written notice of the violation and ninety (90) days to correct it, before filing any legal action. If a court with jurisdiction determines that a violation may exist or has occurred, the Lessee [government agency or land trust] may obtain an injunction to stop it, temporarily or permanently. A court may also issue an injunction requiring the Lessor [Landowner] to restore the Leased Premises to its condition prior to the violation. The failure of the Lessee [government agency or land trust] to discover a violation or to take immediate legal action shall not bar it from doing so at a later time.

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Damage or Destruction by Lessor [Landowner];
Option to Repair or Compensate

9.02. In the event that the Leased Premises, the Improvements, or any part of them are damaged or destroyed by any cause whatsoever on the part of the Lessor [Landowner], Lessee [government agency or land trust] may elect either of the following options:

(a) Within __ days after receipt of written demand by Lessee [government agency or land trust], Lessor [Landowner] shall commence and diligently pursue completion of the repair, restoration, or replacement of the damaged or destroyed habitat, natural area and/or natural resource on the Leased Premises, and this Lease shall remain in full force and effect, with no abatement in rent. Lessor [Landowner] shall pay all costs necessary to restore the habitats, natural areas and/or other natural resources covered by this Agreement to the condition that existed on the Leased Premises on the commencement date of this Lease.

(b) If Lessee [government agency or land trust] determines that it is not possible to repair, restore, or replace the damaged or destroyed habitats, natural areas and/or other natural resources covered by this Lease, Lessee [government agency or land trust] shall terminate this Lease on that portion of the Leased Premises that has been damaged or destroyed on _____ days written notice to Lessor [Landowner] and any lender under Article ____ of this Lease. In addition, as just compensation for said damage or destruction, Lessor [Landowner] shall be required to locate, negotiate for and pay to establish permanent protection of a similar habitat, natural area and/or natural resource on another property in the State of Florida through a fee simple purchase or a perpetual conservation easement that shall be donated by the Lessor [Landowner] to the Lessee [government agency or land trust], or another designee of the Lessee's [government agency's or land trust's] choosing, and shall be of the same quality and contain the same area, acreage or amount of habitat, natural area and/or other natural resource that was damaged on the Leased Premises.

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Damage or Destruction by Lessee [government agency or land trust];
Option to Repair or Compensate

9.03. In the event that the Leased Premises, the Improvements, or any part of them are damaged or destroyed by any cause whatsoever on the part of the Lessee [government agency or land trust], Lessor [Landowner] may elect either of the following options:

(a) Within __ days after receipt of written demand by Lessor [Landowner], Lessee [government agency or land trust] shall commence and diligently pursue completion of the repair, restoration, or replacement of the damaged or destroyed habitat, natural area and/or natural resource on the Leased Premises and Improvements, and this Lease shall remain in full force and effect, with no abatement or increase in rent. Lessee [government agency or land trust] shall pay all costs necessary to restore the habitats, natural areas and/or other natural resources covered by this Agreement to the condition that existed on the Leased Premises on the commencement date of this Lease.

(b) If Lessor [Landowner] determines that it is not possible to repair, restore, or replace the damaged or destroyed habitats, natural areas and/or other natural resources covered by this Lease, Lessee [government agency or land trust] shall terminate this Lease on that portion of the Leased Premises that has been damaged or destroyed within  _____ days upon written written demand by Lessor [Landowner] and shall provide written notice of said termination to any lender under Article ____ of this Lease. In addition, as just compensation for said damage or destruction, Lessee [government agency or land trust] shall be required to transfer the full fee simple interest in one of its other properties to the Lessor [Landowner], or, if that is not possible or acceptable to Lessor [Landowner], Lessee [government agency or land trust] shall locate, negotiate for, purchase and convey the full fee simple interest in another property in the State of Florida to the Lessor [Landowner], that shall be of the same quality and contain the same area, acreage or amount of habitat, natural area and/or other natural resource that was damaged on the Leased Premises.

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Acts of God

9.04. Nothing in this Lease shall require the Lessee [government agency or land trust] or Lessor [Landowner] to take any action to restore the condition of the Leased Premises after any Act of God or other event over which they had no control.

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ARTICLE 10. CONDEMNATION
Interests of Parties

10.01. If the Leased Premises and Improvements or any part of these premises is taken for public or quasi-public purposes by condemnation in any action or proceeding in eminent domain, or is transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain, the interests of the Lessor [Landowner] and Lessee [government agency or land trust] in the award or consideration for the taking or transfer and the effect of the taking or transfer on this Lease shall be governed by this Article 10.

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Termination on Total Taking

10.02. If all or substantially all of the Leased Premises and Improvements are taken or transferred as described in Paragraph 9.02, this Lease and all of the rights, title and interest under this Lease shall cease on the date that title to the Leased Premises and Improvements vests in the condemning authority, and the proceeds of the condemnation shall be divided between Lessee [government agency or land trust] and Lessor [Landowner] [specify apportionment formula or other method of allocating proceeds]. For the purposes of this Article 10, "all or substantially all of the Leased Premises and Improvements" shall be deemed to have been taken if ___ percent or more of the gross floor area of the Improvements is taken and/or if ____ percent or more of the total acreage of the Leased Premises or its essential habitats, hydrological features and/or ecological functions is taken and cannot be restored or repaired so as to be suitable for the conduct of business conducted on the Leased Premises, and/or continuation of the habitat management activities and other purposes set forth in this Lease.

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Termination on Partial Taking

10.03. If less than all or less than substantially all of the Leased Premises and Improvements is taken or transferred as described in Paragraph 10.01, and, if in the Lessee's [government agency's or land trust's] opinion, the remainder of the Leased Premises and Improvements is in a location, or in a form, shape or reduced size that makes it impossible to effectively and practicably continue habitat management activities on the remaining Leased Premises and Improvements, then this Lease shall terminate on the date title to the portion of the Leased Premises and Improvements taken or transferred vests in the condemning authority. The proceeds of the condemnation shall be divided between Lessee [government agency or land trust] and Lessor [Landowner] _____[specify apportionment formula or other method of allocating proceeds].

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Continuation With Rent Abatement After Partial Taking

10.04. If less than all or substantially all of the Leased Premises and Improvements is taken or transferred as described in Paragraph 10.01, and if in Lessee's [government agency's or land trust's] opinion the remainder of the Leased Premises and Improvements is in a location and a form, shape, or size that makes it possible for Lessee [government agency or land trust] to effectively and practicably continue habitat management activities on the remaining Leased Premises and Improvements, this Lease shall terminate as to the portion of the Leased Premises and Improvements taken or transferred as of the date title to the portion vests in the condemning authority. However, this Lease shall continue in full force and effect as to the portion of the Leased Premises and Improvements not taken or transferred. From and after the date of taking or transfer, the rent required to be paid by Lessee [government agency or land trust] to Lessor [Landowner] shall be reduced during the unexpired portion of this lease by that proportion of the annual rent that the value of the part of the Leased Premises and improvements taken or transferred bears to the value of the total Leased Premises and Improvements. These values shall be determined as of the date immediately before any actual taking. The proceeds of the condemnation shall be divided __[specify apportionment formula or other method of allocating proceeds].

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Voluntary Conveyance

10.05. Nothing in this Article 10 prohibits Lessor [Landowner] from voluntarily conveying all or part of the Leased Premises and Improvements to a public utility, agency, or authority under threat of taking under the power of eminent domain. Any voluntary conveyance shall be treated as a taking within the meaning of this Article 10.

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ARTICLE 11. LEASEHOLD MORTGAGES
Leasehold Mortgages Not Permitted

11.01. Lessee [government agency or land trust] shall not be permitted to mortgage Lessee's [government agency's or land trust's] leasehold interest in the Leased Premises.

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ARTICLE 12. DEFAULT
Events of Default

12.01. (a) Any one or more of the events listed in Subparagraphs (b) through (f) of this Paragraph 12.01 shall constitute a default under this Lease.

(b) Lessee's [government agency's or land trust's] failure to pay rent within ___- days after the rent becomes due and payable in accordance with the terms, covenants, and agreements of this Lease shall constitute a default under this Lease.

(c) Lessee's [government agency's or land trust's] failure to observe or perform or cause to be observed or performed any other term, covenant, or agreement under this Lease, and continuation of this failure for a period of ___ days after Lessor's [Landowner's] written notice to Lessee [government agency or land trust] specifying the nature of Lessee's [government agency's or land trust's] failure shall constitute a default under this Lease. However, a failure as described in this Subparagraph (b) shall not constitute a default if it is curable but cannot with reasonable diligence be cured by Lessee [government agency or land trust] within a period of ___ days, and if Lessee [government agency or land trust] proceeds to cure the failure with reasonable diligence and in good faith.

(d) Lessee's [government agency's or land trust's] abandonment of the Leased Premises and Improvements shall constitute a default under this Lease. For the purposes of this Lease, "abandonment" shall be defined as ___[specify e.g. Lessee's [government agency's or land trust's] failure to begin construction of improvements within one year following the date of this Lease].

(e) The occurrence of both of the following events at the date of the commencement of this Lease or during its effective Term shall constitute a default under this Lease:

(1) Filing of a petition of bankruptcy or insolvency, for reorganization or the appointment of a receiver or trustee of all or a portion of Lessee's [government agency's or land trust's] property, for or against Lessee [government agency or land trust] in any court pursuant to any statute either of the United States or of any state.

(2) Lessee's [government agency's or land trust's] failure to secure a dismissal of the petition within ___ days after its filing.

(f) Lessee's [government agency's or land trust's] assignment of the leasehold interest under this Lease for the benefit of creditors shall constitute a default under this Lease.

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Notice of Election to Terminate Lessee's [government agency's or land trust's] Possession

12.02 Subject to the provisions of Article ____, if any event creating default occurs, Lessor [Landowner] may elect to terminate Lessee's [government agency's or land trust's] right of possession under this Lease after ___ days from the date of service of notice of the election. If this notice if given, all of Lessee's [government agency's or land trust's] rights, responsibilities and obligations in and to the Leased Premises and Adjoining Lands shall expire completely at the expiration of the ___ days, and Lessee [government agency or land trust] shall quit and surrender the Leased Premises and Adjoining Lands and any Improvements erected on the Leased Premises to Lessor [Landowner].

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Lessor's [Landowner's] Entry After Termination of Lessee's [government agency's or land trust's] Possession

12.03. At any time after the termination of Lessee's [government agency's or land trust's] right of possession under this Lease pursuant to Paragraph 12.02 of this Lease, Lessor [Landowner] may enter and possess the Leased Premises and Improvements by summary proceedings, ejectment, or otherwise, and Lessor [Landowner] may remove Lessee [government agency or land trust] and all other persons and property from the Leased Premises and Improvements. If Lessor [Landowner] takes the actions described in this Paragraph 12.03, Lessor [Landowner] may then possess the Leased Premises and Improvements and assume the right to receive all rents, income, and profits from the Leased Premises and Improvements.

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Lessee's [government agency's or land trust's] Liability for Accrued Rent

12.04. The expiration of this Lease or termination of Lessee's [government agency's or land trust's] right of possession pursuant to Paragraphs 3.01 or 12.02 of this Lease shall not relieve Lessee [government agency or land trust] of its liability and obligation to pay the rent and any other charges accrued prior to these events, or relieve Lessee [government agency or land trust] of liability for damages for breach. These liabilities and obligations of Lessee [government agency or land trust] shall survive any expiration or termination of the Lease or any entry and possession of Lessor [Landowner].

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Reletting Land and Improvements

12.05. After the expiration of this Lease or termination of Lessee's [government agency's or land trust's] right of possession under this Lease pursuant to Paragraphs 3.01 or 12.03, Lessor [Landowner] shall use reasonable efforts to mitigate damages by reletting the Leased Premises and Improvements, in whole or in part, either in its own name or as agent of Lessee [government agency or land trust], for a term or terms that, at Lessor's [Landowner's] own option, may be for the remainder of the then-current Term of this Lease or for any longer or shorter period.

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Rent From Reletting

12.06. Lessee [government agency or land trust] shall be entitled to a credit if the rent received on reletting exceeds the rent required pursuant to this Lease. Lessee [government agency or land trust] shall remain liable for the difference between the rent reserved under this Lease, and the rent collected and received, if any, by Lessor [Landowner] during the remainder of the unexpired term. Lessor [Landowner] shall have the option of collecting the deficiency between the rent reserved and the rent collected in annual payments as these payments become due and payable, or of receiving in advance the deficiency for the remainder of the Term reduced to present value at the rate of ___ per cent per year.

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Costs Incurred Due to Breach

12.07. Lessee [government agency or land trust] expressly agrees to pay all expenses that Lessor [Landowner] may incur for reasonable attorney's fees or brokerage commissions, and all other costs paid or incurred by Lessor [Landowner] for enforcing the terms and provisions of this Lease, reletting the Leased Premises and Improvements, restoring the Leased Premises and Improvements to good order and condition, altering, repainting or otherwise repairing the same for reletting, and for maintaining the Leased Premises and Improvements.

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Remedies

12.08. (a) If (1) Lessee [government agency or land trust] defaults in the payment of any rent or sum payable under this Lease or (2) Lessee [government agency or land trust] defaults, for ten (10) days after written notice, in the performance of any terms, promises, covenants or conditions of this Lease other than the payment of such rent or sums, the term of this Lease shall, at Lessor's [Landowner's] option, exercised by ten (10) days prior written notice to Lessee [government agency or land trust], terminate, and Lessor [Landowner] may re-enter the Leased Premises by force or otherwise and Lessor [Landowner] shall have the right to dispossess and evict Lessee [government agency or land trust] by summary proceeding or otherwise. In case of any such default Lessor [Landowner] shall be entitled to damages for Lessee's [government agency's or land trust's] breach of this agreement which shall include but not be limited to reasonable attorney's fees and costs. Venue for any such action shall be in the County Court or Circuit Court in and for _____________ County, Florida.

(b) All rights and remedies of Lessor [Landowner] are cumulative, and the exercise of any shall not preclude the exercise of others either under this Lease or by law.

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Waiver of Jury Trial

12.09. Lessor [Landowner] and Lessee [government agency or land trust] waive any right to trial by jury in any action, proceeding or counterclaim brought by either against the other as to any action or matter arising out of or related to this lease agreement or arising out of the relationship of landlord and tenant as between Lessor [Landowner] and Lessee [government agency or land trust], Lessee's [government agency's or land trust's] use or occupancy of the land and any claim or injury, death or damage.

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Waiver of Default

12.10. No waiver of default by Lessor [Landowner] to Lessee [government agency or land trust] of any breach of any term, condition or covenant in this Lease shall be deemed to be a waiver of any other breach of the same or any other term, condition or covenant contained herein. No waiver of default by Lessor [Landowner] to Lessee [government agency or land trust] for the breach of any term, condition or covenant in this Lease Agreement shall be done except in writing.

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Arbitration

12.11. All disputes, claims and questions regarding the rights and obligations of the parties are subject to arbitration. In case of dispute, either party may make a demand for arbitration by filing such demand in writing with the other party. If the parties agree on a single individual selection, there shall be one arbitrator. If no agreement as to an arbitrator is reached within thirty (30) days after demand for arbitration, there shall be three (3) arbitrators, one named in writing by the Lessor [Landowner] and the second by the Lessee [government agency or land trust] within forty-five (45) days after demand for arbitration, and a third chosen by the two who are appointed. The single arbitrator's decision shall be binding; if there are three arbitrators, the decision of any two of them shall be binding. No one shall act as an arbitrator who in any way has a financial or ownership interest in the subject properties. Should either party refuse or neglect to appoint an arbitrator or to furnish the arbitrators with any necessary papers or information, they are empowered by both parties to proceed ex parte. The decision of the arbitrators shall be a condition precedent to any right of legal action that either party may have against the other. The arbitrators shall fix their own compensation, unless otherwise agreed upon, and shall assess the costs and charges of the arbitration on either or both parties.

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ARTICLE 13. EXPIRATION OF TERM
Lessee's [government agency's or land trust's] Delivery of Possession After Termination
or Expiration

13.01. On the expiration date of this Lease as set forth in Paragraph 3.01 of this Lease, or the termination of Lessee's [government agency's or land trust's] possession under this Lease pursuant to Paragraph 12.03, or any entry or possession of the Leased Premises and Improvements by Lessor [Landowner] pursuant to Paragraph 12.03 (collectively referred to as the "Expiration Date"), Lessee [government agency or land trust] shall promptly quit and surrender the Leased Premises and Improvements, and deliver to Lessor [Landowner] actual possession and ownership of the Leased Premises and Improvements in good order, condition, and repair.

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Lessee's [government agency's or land trust's] Removal of Movable Objects

13.02. Lessee [government agency or land trust] shall have the right to remove from the Leased Premises and Improvements all movable fixtures, movable equipment, and articles of personal property used or procured for use in connection with the operation of this lease on or before the Expiration Date, provided that Lessee [government agency or land trust] shall promptly repair, or cause to be repaired, any damage resulting to the Leased Premises or Improvements by reason of removal. Any fixtures, equipment, or articles of personal property of Lessee [government agency or land trust] that remain at or on the Leased Premises after the Expiration Date shall be deemed to have been abandoned by Lessee [government agency or land trust], and may either be retained by Lessor [Landowner] as its property or disposed of by Lessor [Landowner] without accountability to Lessee [government agency or land trust] for the value of these fixtures, equipment, or articles of personal property, or any proceeds derived from the sale of these items.

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Requirements on Cessation or Termination of Lease

13.03. (a) Lessee [government agency or land trust] agrees that on the expiration or termination of this Lease Agreement ("cessation of Lease") Lessee [government agency or land trust] will vacate the Leased Premises on the day of cessation or termination, and that Lessee [government agency or land trust] will be a trespasser (without any holdover right) if Lessee [government agency or land trust] remains on or enters the Leased Premises.

(b) Title to structures and equipment placed by Lessee [government agency or land trust] on the Leased Premises shall, during the term of this Lease, remain in Lessee [government agency or land trust]. On the cessation of this Lease Lessee [government agency or land trust] shall leave the Leased Premises during the term of the Lease. At Lessor's [Landowner's] option, title to any such fixtures and equipment not so removed shall be the sole and exclusive property of Lessor [Landowner].

(c) Lessor [Landowner] and Lessee [government agency or land trust], or their duly designated representatives, shall conduct a joint inspection of the Leased Premises not less than thirty (30) days prior to the vacation of the Leased Premises by Lessee [government agency or land trust], for the purpose of insuring that all of the above provisions have been complied with.

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Use of Loan Proceeds

13.04. It is further agreed by Lessor [Landowner] and Lessee [government agency or land trust] that all loan proceeds for which the Leased Premises serves as security shall be used for the benefit of the Leased Premises, and for the construction, maintenance, or repair of the Leased Premises, and not for the personal use or benefit of the borrower.

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Right to Terminate Lease

13.05. Should Lessor [Landowner] or Lessee [government agency or land trust] fail to approve any terms of the valuable financing other than those terms approved in this Lease, or should Lessor [Landowner] or Lessee [government agency or land trust] refuse to approve any changes in this Lease required by the Lenders, then Lessor [Landowner] or Lessee [government agency or land trust] shall have the right to terminate this Lease on _________ days' written notice to the other. After the giving of notice, this Lease shall become void and of no effect on the expiration of the number of days specified.

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ARTICLE 14. GENERAL PROVISIONS
No Waiver of Breach by Lessor's [Landowner's] Actions

14.01. The failure of Lessor [Landowner] to seek redress for violation of, or to insist on the strict performance of any covenant, agreement, term, provision, or condition of this Lease shall not constitute a waiver of the covenant, agreement, term, provision, or condition. The receipt by Lessor [Landowner] of rent with the knowledge of the breach of any covenant, agreement, term, provision, or condition of this Lease shall not be deemed a waiver of that breach.

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Waiver of Any Provision Must Be Written

14.02. No provision of this Lease shall be deemed to have been waived, unless the waiver is in writing and signed by the party against whom enforcement is sought. No payment by Lessee [government agency or land trust] or receipt by Lessor [Landowner] of a lesser amount than the rent stipulated in this Lease shall be deemed to be other than for the payment of rent and other charge owning by Lessee [government agency or land trust], as Lessor [Landowner] shall elect. No endorsement or statement on any check or any letter accompanying any check or payment as rent shall be deemed binding on Lessor [Landowner] or deemed an accord and satisfaction, and Lessor [Landowner] may accept a check or payment from Lessee [government agency or land trust] without prejudice to Lessor's [Landowner's] right to recover the balance of the rent or other charges owning by Lessee [government agency or land trust], and without limitation on Lessor's [Landowner's] right to pursue each and every remedy in this Lease or provided by law. Each right and remedy of Lessor [Landowner] provided for in this Lease shall be cumulative an din addition to every other right or remedy provided for in this Lease, or now or later existing at law, in equity, by statute, or otherwise.

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Amendment of Lease

14.03. This easement may be amended only with the written consent of Grantor and Grantee. Any such amendment shall be consistent with the purposes of this Lease and the Lessee's [government agency's or land trust's] contract amendment policies, if any.

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Grammatical Usage

14.04. (a) Where the context requires, gender and number shall be deemed interchangeable.

(b) If Lessee [government agency or land trust] is composed of several persons, they shall be jointly and severally liable for the obligations of Lessee [government agency or land trust]. If Lessee [government agency or land trust] is a partnership, the partners as well as the partnership shall be jointly and severally liable for the obligations of Lessee [government agency or land trust].

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Entire Agreement

14.05. This Lease and the Exhibits annexed to this Lease contain the entire agreement between Lessor [Landowner] and Lessee [government agency or land trust], and any agreement made after the execution of this Lease between Lessor [Landowner] and Lessee [government agency or land trust] shall be ineffective to change, modify, waive, release, discharge, terminate, or effect a surrender or abandonment of this Lease, in whole or in part, unless that agreement is in writing and signed by the party against whom the enforcement is sought.

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Notices

14.06. All notices and demands of any kind that either party may be required or may desire to give to the other in connection with this Lease must be given by registered or certified mail, return receipt requested, with postage fully prepaid, and addressed to the party to be served at the party's address as set forth in Article 15. Any notice shall be deemed received on the first attempted delivery. Any party may change the address to which the notices to that party are to be directed by notice given in the manner provided in this Paragraph 13.05.

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Lessor's [Landowner's] Right of Entry

14.07. Lessor [Landowner] (and its representatives, employees and invitees) may enter the Leased Premises at all reasonable times either for inspection or in pursuance of any and all of its rights under the terms of this Lease Agreement.

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Lessee's [government agency's or land trust's] Right of Entry

14.08. Lessee [government agency or land trust] (and its representatives, employees and invitees) may only enter the Leased Premises as provided in Paragraph 9.01 and as further set forth in Attachment 8.

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Public Access

14.09. This Lease Agreement does not convey to the public any right of access to the Leased Premises or the Adjoining Lands.

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Partial Invalidity or Unenforceability

14.10. If any term, covenant, or condition of this Lease shall be invalid or unenforceable to any extent, the remainder of the terms, covenants, and conditions of this Lease shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

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Meaning of Term "Lessor [Landowner]"

14.11. The term "Lessor [Landowner]", as used in this Lease in relation to Lessor's [Landowner's] covenants and agreements under this Lease, shall be limited to mean and include only the owner or owners of the fee title to the Leased Premises at the time in question. In the event of any conveyance of this fee title, Lessor [Landowner] named in this Lease and each subsequent grantor shall be automatically relieved, at the date of the conveyance, of all liability in respect to the performance of any of Lessor's [Landowner's] covenants and agreements remaining to be performed after the date of conveyance, and each grantee shall be bound by all of the covenants and agreements remaining to be performed under the Lease during the time of grantee's ownership.

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Relationship of Parties

14.12. The relationship of Lessor [Landowner] and Lessee [government agency or land trust] is solely that of landlord and tenant under this Lease Agreement. Lessor [Landowner] has no interest in Lessee's [government agency's or land trust's] enterprises; nor, is Lessee [government agency or land trust] an agent or representative of Lessor [Landowner]. This Lease Agreement shall under no circumstances be construed as a joint venture or partnership between Lessor [Landowner] and Lessee [government agency or land trust].

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Satisfaction of Judgment Against Lessor [Landowner]

14.13. Anything contained in this Lease to the contrary notwithstanding, Lessee [government agency or land trust] agrees to look solely to the Leased Premises and Lessor's [Landowner's] interest in the Leased Premises for the collection and satisfaction of any judgment that Lessee [government agency or land trust] may obtain against Lessor [Landowner] because of Lessor's [Landowner's] failure to observe or perform any of its covenants or obligations under this Lease, including, but not limited to, the breach of covenant of quiet enjoyment, whether express or implied. If Lessee [government agency or land trust] receives any judgment resulting from Lessor's [Landowner's] failure to observe or perform any of its covenants or obligations under this Lease, Lessee [government agency or land trust] further agrees not to collect or execute, or attempt to collect or execute, that judgment out of or against any other assets or properties of Lessor [Landowner].

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Individuals Benefitted by Lease

14.14. This Lease shall inure to the benefit of and be binding on Lessor [Landowner] and Lessee [government agency or land trust] and their respective distributees, personal representatives, executors, successors, and assigns except as otherwise provided in this Lease.

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Benefit - Burden

14.15. This Lease shall inure to the benefit of, apply to, and bind the successors and assigns of Lessor [Landowner]. It shall apply to and bind the heirs and personal representatives of Lessee [government agency or land trust] and, if Lessor's [Landowner's] written consent to assignment has been obtained, the successors and assigns of Lessee [government agency or land trust].

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Transfer of Property

14.16. Any time the Leased Premises and/or Adjoining Lands, or any interest therein, is transferred by the Lessor [Landowner] to any third party, the Lessor [Landowner] shall notify the Lessee [government agency or land trust] in writing prior to the transfer of the subject property, and the document of conveyance shall expressly refer to this Lease Agreement.

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ARTICLE 15. DOCUMENTATION AND RECORDING OF LEASE
Estoppel Certificates

15.01. Lessor [Landowner] or Lessee [government agency or land trust] shall have the right to request the other party to provide an estoppel certificate, as described below, without charge ___ days after requesting party sends a written notice. This estoppel certificate shall consist of a written statement certifying the following information to the requesting party or to any person specified by that party:

(a) That this Lease is unmodified and in full force and effect; or, if there have been any modifications in this Lease, that this Lease is in full force and effect as modified, specifying the nature of each modification.

(b) The date through which the rent and other charges payable under this Lease have been paid.

(c) Whether the other party to this Lease is in default in the performance or observance of any covenant, agreement, condition, term, or provision contained in this Lease, to the best knowledge of the certifying party, and, if so, specifying the nature of each default the certifying party has knowledge of.

(d) Any other information with respect to this Lease and the Leased Premises that the requesting party shall reasonably request.

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Memorandum of Lease and Recording

15.02. As soon as practicable after execution of this Lease, Lessor [Landowner] and Lessee [government agency or land trust] shall execute, in recordable form, a Memorandum of Lease in the form annexed to this Lease as Exhibit C, the Lessee [government agency or land trust] shall record the Memorandum of Lease in the office of the Clerk of Circuit Court, County of ___ , State of Florida.

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ARTICLE 16
Notices and Addresses

16.01 All notices provided to be given under this agreement shall be given by certified mail or registered mail, addressed to the property party, at the following address:

Lessor [Landowner]:_____________________________ ___________________________________ ___________________________________

Lessee [government agency or land trust]:_____________________________ ___________________________________ ___________________________________

 

IN WITNESS WHEREOF, Lessor [Landowner] and Lessee [government agency or land trust] have executed and signed this Lease or have caused this Lease to be executed and signed on the ___ day of ____, 199__.

 _______________________
LESSEE [government agency or land trust]

________________________
LESSOR [Landowner]

ACKNOWLEDGMENT BY INDIVIDUAL

State of ___

County of ___

I certify that on this ___ day of ___, 199___, ____________, personally appeared before me and acknowledged under oath, to my satisfaction, that he is the person who is named in and who executed the foregoing instrument, and the he signed, sealed and delivered this instrument as his act and deed for the purpose expressed in this instrument.

 ________________________
Notary Public

(S E A L)

[or]

ACKNOWLEDGMENT BY CORPORATION

State of___

County of___

I certify that on this ___ day of ___, 199___, ____________,_____________ of the corporation named in the foregoing instrument personally appeared before me and acknowledged under oath, to my satisfaction, that he signed and delivered and delivered this instrument as an officer of the named corporation, and that this instrument is the voluntary act and deed of that corporation as authorized by its Board of Directors.

________________________
Notary Public

(S E A L)

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