Here is a copy of the first draft of the proposed Private Habitat Conservation Lease, with comments and suggested amendments from Dennis B. Jordan, Florida Panther Coordinator, U.S. Fish and Wildlife Service. You may scroll up and down through the lease, or click on the specific section you wish to view:
| Introduction | Comments from Dennis Jordan | Lease: Opening | Article 1: Lease Premises | Article 2: Definitions | Article 3: Property Interest under Lease Agreement | Article 4: Use of Property, Term of Lease Agreement | Article 5: Rent | Article 6: Taxes and Assessments | Article 7: Insurance | Article 8: Indemnification | Article 9: Rights, Duties and Obligations | Article 10: Farm Operation Document | Article 11: Environmental | Article 12: Improvements and Fixtures | Article 13: Termination and Extension | Article 14: Surrender of Premises | Article 15: Condemnation | Article 16: Defaults and Remedies | Article 17: Assignment and Sublease | Article 18: Miscellaneous | Attachment 1: Map of Leased Premises | Attachment 2: Agricultural Production Detail | Attachment 3: Farm Plan/Farm Operation Document | Attachment 4: Base Rent Compensation | Attachment 5: Additional Rent Sums | Attachment 6: Best Management Practices | Attachment 7: Default and Penalties |
This lease document is designed to appeal to a large number of private landowners. It is neither coercive or invasive; instead, it is based on the principle of rewarding private landowners for conservation practices through tax credits and/or annual payments. Also, because it provides landowners with a reduction in operating costs and/or a revenue stream for maintaining natural habitats, it offsets the economic incentives (and temptation) a landowner might have for converting these habitats to other uses.
The lease is less restrictive than conservation easements. It is for a limited term (25, 50 or 100 years). But it automatically renews itself, unless notice to terminate is given within a certain time period prior to its expiration date, in which case a five-year transition period is mandated. It contains incentives for landowners to convert the lease into permanent conservation easements and/or provide government agencies with the right of first refusal when the land is offered for sale. It also rewards landowners for entering into longer term leases (50 or 100 years instead of 25) and for taking actions that will improve habitats on their property so the habitats will support additional species and expanded populations of threatened and endangered species.
Here is a copy of the proposed Private Habitat Conservation Lease, with comments and suggested amendments from Dennis B. Jordan, Florida Panther Coordinator, U.S. Fish and Wildlife Service.
Specific comments are indicated in the following document (suggested deletions are "lined through", suggested additions are shown in bold italics). My most important comments are as follows:
1. I question the South Florida Water Management District as the appropriate entity as Lessee. The central purpose of the lease agreement is to provide protection to Florida panther habitat. For this reason, it is essential that the lessee be an entity with federally mandated authority and responsibility to conserve the Florida panther and its habitat. The likelihood that federal funds/tax credits will be a principle source of compensation, further strengthens this position. As a minimum, the U.S. Fish and Wildlife Service must be a member of a small group of agencies designated as the lessee. Other possible members of such a group could include the Water Management District, Florida Game and Fresh Water Fish Commission and Natural Resources Conservation Service.
2. The program cannot be successful if a "permit review/denial is the triggering mechanism" for lease consideration of agricultural development rights. All of the panther's preferred habitat (hardwood hammocks and pine flatwoods) could be destroyed without a permit application being submitted for action. My suggested changes make the farm operation at the beginning of the lease period as the "baseline farm conditions". A Farm Operation Document prepared by the landowner establishes this baseline. Contemplated operational changes by the landowner that could likely impact the panther would be made through a proposed modification to this Document and would serve as the trigger for review for potential impacts to the panther and thus agricultural lease consideration.
3. The lease should be designed in a way that encourages long-term protection of panther habitat. Thus, compensation formulas should reward landowners who would be willing to enter into leases for periods greater than 25-years. I have attempted to reflect this concept with suggested changes under Article 5.1.1 and 5.1.2.
Article 5.1.1 and 5.1.2 "....plus additional compensation for accepting the risk that on federal...."
Article 9.2.A "...waste of the land..."
Article 9.7 1st paragraph "...with limitation..."
Article 11.4 What does that paragraph say?
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LEASE AGREEMENT made this ___day of ___, 19__, between South Florida Water
Management District (a yet to be determined entity)(hereinafter
Lessee), with its principal place of business at 3301 Gun Club Road, West Palm
Beach, FL 33416 ________________________ and
____________(hereinafter Lessor) , with its principal place of business at
_______________.
Lessor leases to Lessee, and Lessee leases from Lessor, on and subject to the following terms, promises and conditions, the following property interest described in Article 3 in Real Property in County, Florida, hereinafter referred to as the "Leased Premises":
Legal Description: (See Attachment 1 for map of the Leased Premises.)
Acres Section Township Range Property Ownership #
1.
(Specifically excluding the following areas which contain residential units, barns, administrative buildings or which are planned for non-agricultural use:_____________________)
2.
(Specifically excluding the following areas which contain residential units, barns, administrative buildings or which are planned for non-agricultural use:_____________________)
3.
(Specifically excluding the following areas which contain residential units, barns, administrative buildings or which are planned for non-agricultural use:_____________________)
4.
(Specifically excluding the following areas which contain residential units, barns, administrative buildings or which are planned for non-agricultural use:_____________________)
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Agricultural Development Rights - including aquaculture, silviculture, but excluding mineral extraction
Agricultural Production-
Farm Operation Document - document developed by Lessor, with assistance from other entities as desired, that describes in specific detail current land use practices and existing habitat conditions on the leased premises. This document establishes "baseline conditions" for the administration of this lease agreement.
Florida Panther - individuals of the family Felidae classified as Puma (Felis) concolor coryi as listed under provisions of the Endangered Species Act of 1973 (87 Stat. 884, 16 U.S.C. 1531-1543) and their progeny.
Mosaic of Land Uses - Aggregate of native and agricultural landscapes
and natural habitats that provide suitable habitat values
for survival and recovery of the Florida panther while providing for continued
agricultural activities.
Open space - Native Landscapes - Areas predominately
covered with native vegetation. Forested landscapes would be dominated by native
vegetation both in the overstory and understory.
Priority Florida Panther Habitat - areas predominated by forest landscapes as identified in the 1994 Florida Panther Interagency Committee approved "Florida Panther Habitat Preservation Plan". Maps contained in the Plan identify ecological units containing priority panther habitat.
Sign off-Approval process which complies with all applicable state and federal
regulations and laws regarding the conceptual plan permits or farm plan Farm
Operation Document.
Unimproved range lands - areas showing little evidence of human alteration and predominated by native landscapes.
Waste of the land (disrepair)-
Sustainability, Preservation, Conservation-Define and include both maintenance of viable agricultural operations and maintenance of viable panther habitat. Florida panther - landscapes and use activities maintained in a manner that provide habitat conditions conducive to achieving and maintaining a self-sustaining panther population requiring minimal human intervention actions.
[At this point many of these terms are defined within the lease. If we keep this section we can move the definitions.]
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Article 3. Property Interest under Lease Agreement
1. Property Interest. Lessor leases to Lessee all residential, commercial, industrial
and non-agricultural development rights on the Leased Premises for the purpose of
maintaining the property as Priority habitat, defined herein, for the endangered Florida
panther (Puma [Felis] concolor coryi), as defined in
F.S. 372.671 listed under provisions of the Endangered Species Act of
1973, (87 Stat. 884, 16 U.S.C. 1531-1543) and its progeny, hereinafter
referred to as "Florida panther" or "panther."
2. Priority Florida Panther Habitat. Priority panther habitat represents
areas predominated by forest landscapes as identified in the 1994 Florida Panther
Interagency Committee approved "Florida Panther Habitat Preservation Plan". Maps
contained in the Plan identify ecological units containing priority panther habitat. The
Florida Panther Interagency Committee established a map of Priority Florida panther
habitats contained within the Florida Panther Habitat Preservation Plan, South Florida
Population, approved January 3, 1994. The Leased Premises contain Priority
Florida panther habitat as identified within the Plan.
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Article 4. Use of Property, Term of Lease Agreement
1. Permitted Use of the Property. The Leased Premises are currently utilized for
agricultural production (or if not agriculture, describe current use:_______________) as
described in specific detail in Attachment 2 (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/or the premises shall remain available and
conducive for continuation of the current uses, for agricultural
production and for natural, open space areas and maintenance
of native landscapes through the terms of this
Lease Agreement. Lessor may make all use of the property that is consistent with the
property interest leased to Lessee and is consistent with the intent of keeping the land
available for agricultural use and in open space native
landscapes to 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 plan conditions
and that will guides
the agricultural development operation intended
for the Leased Premises.
2. Prohibited Uses. The property shall not be used for any purposes that interfere or
conflict with the intent of keeping the land available for agricultural production and in natural,
open space areas native landscapes to protect essential
priority Florida panther habitat and to encourage restoration of
the endangered Florida panther habitat.
3. Future Uses. Lessor shall supply submit to
Lessee, as a proposed modification to the existing Farm Operation Document
(Attachment 3), any contemplated action that would potentially result in the destruction
or fragmentation of greater that (25) acres of native landscapes or otherwise
potentially lessen the suitability of the property for panther use. timely
notices of application for all permits, approvals and authorizations from a governmental
entity. Lessor shall not apply for a comprehensive plan amendment or zoning
change involving the Leased Premises described herein during the term of this Lease
Agreement. Lessee shall be the only government agency entity required
to sign-off on proposed modifications to the Farm Operation Document. all
permits, approvals and authorizations requested regarding the conceptual plan, permits or
farm plans, h However it remains Lessor's
responsibility to meet all applicable laws, regulations and codes in order to receive
Lessee's sign-off.
4. Term. The term of this Lease Agreement is for [a minimum of twenty-five (25), or 50/75/100 years]. It commences on__, 19__ and ends___,20__ unless terminated sooner under other provisions of this Lease Agreement.
5. Status of Existing Leases.
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1. Base Rent. In consideration for this Lease Agreement, Lessor shall receive compensation for leasing all residential, commercial, industrial and non-agricultural development rights on the identified premises as identified herein at a level based upon the length of the Lease Agreement, the value of the property to ecosystem function (location, quality, amount, connection to other parcels) and the number of different endangered species located on the property. Base rent compensation to be paid by Lessee to Lessor is more specifically defined in Attachment 4 to this Lease Agreement.
The base rent compensation menu for Lessor is as follows:
1. A Federal Estate tax credit for any in the form of a
percentage (0-100%) of any federal estate tax that shall might
arise due to the death of Lessor (or_________) that occurs during the term
of this Lease Agreement. This estate tax credit shall be computed according to the value
of the premises 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 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.
2. A Federal Income tax credit in the amount of__ to be offset against any federal
income tax due and owing by Lessor each year during the term of this Lease Agreement. This
federal income tax credit shall be equal to a percentage
(0-100%) of the amount due on all net income earned on an annual basis from
the premises, or an amount capped at $__, an amount fairly compensating Lessor 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.
3. Lessor shall be exempt from any [additional?] ad valorem tax or ___ tax obligation that shall arise during the term of this Lease Agreement.
4. Cash payments of $__ per month.
5. Surface and sub-surface water resources shall be available for agricultural production at levels authorized for the leased premises on date of lease execution.
6. Florida Agricultural Use Assessment Law (Green Belt Law) of the State of Florida shall be used for assessing ad valorem taxes.
2. Additional Rent. Lessor shall receive rent in addition to the base rent in consideration for Lessor's inability to expand its agricultural operation due to Florida panther preservation reasons. Additional rent sums to be paid by Lessee to Lessor are more specifically defined in Attachment 5 to this Lease Agreement.
Additional rent sums may be due to Lessor when the following events occur or are in place:
1. Expansion of Current Use. In the event Lessor seeks to expand the current
agricultural production [or other acceptable use of the property,???] Lessor must apply
for and receive all applicable local, state, federal and governmental permits through
submit a proposed modification of the Farm Operation Document to Lessee.
as lead agency. If the proposed modification is denied
because of concerns for the necessary permits to expand
agricultural production due to interference with habitat for the endangered
Florida panther, Lessor will receive an additional level of compensation from Lessee as
defined in Article __.
2. Hunting Lease. In consideration for If Lessor's
inability to continue or expand its use of the subject property for
hunting leases is restricted due to Florida panther preservation reasons, Lessor may be
entitled to an additional rent.
3. Optimum Panther Habitat Management. In consideration for Lessor's success
in actions to provide optimum panther habitat management conditions
(based upon cover, water quality, species conservation, use, restoration
of habitat and management activities that enhance natural communities premises
for panther use), Lessor may be entitled to additional rent.
4. Compensation for Loss of Livestock. In consideration for Lessor's loss of a calf or other livestock as a result of a kill, which reasonable evidence shows is the result of an act caused by a Florida panther, Lessor may be entitled to a additional rent.
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Article 6, Taxes and Assessments
Payment of Taxes. Lessor shall pay and discharge all taxes, general and special assessments, and other charges of every description which, during the term of this Lease Agreement, may be levied on or assessed against the Leased Premises except as specifically provided in Article 5, Rent.
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1. Lessee's Obligation.
2. Additional Insureds.
3. Proof of Coverage.
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1. Mutual indemnification and hold harmless clauses for both parties.
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Article 9, Rights, Duties and Obligations
1. Lessor's Rights. Lessor may maintain the Leased Premises in such manner, and conduct
such lawful activities as are necessary for Lessor's
agricultural operations, including but not limited to, installation of fences, culverts,
buildings, wells, improvements, dikes, canals and ditches without interference from the
Lessee; except that, any contemplated action that could potentially reduce the
suitability of the property for panther use must be addressed in the form of a proposed
modification to the existing Farm Operation Document (see Article 4.3).
2. Lessor's Duties. Lessor expressly agrees to assume sole responsibility arising out
of Lessor's failure to keep the Leased Premises and/or such improvements that are
necessary for the Lessor's agricultural operations in a good state of repair, if such
disrepair interferes with the intent of this Lease Agreement. Lessor further agrees to
maintain quality panther habitat as defined in the farm plan Farm
Operation Document..
A. General. Lessor shall maintain the land with care and in a safe, good clean
condition, and shall not commit or permit to be committed any waste of the land by the
Lessee nor by any of the Lessor's invitees, licensees, guest, not by any individual, nor
by any entity whatsoever.
B. Fences. Fences shall be of a design and character as to not impede
panther movement within and through habitats or represent a mortality threat to panthers
(i.e. electrocution from electric fence) utilizing areas covered by this Lease Agreement.
C. Trespassers. Lessor shall take reasonable steps to discourage trespassers on the
property in order to avoid any trespasser use of the property that is inconsistent with
the intent of this Lease Agreement.
D. Roads, ditches, dikes.
E. Timber. Lessor shall conduct silvicultural activities in a manner that
would not be expected to have long-term negative impacts to the panther or panther habitat
conditions.
F. Burning. Lessor is encouraged to utilize sound burning techniques that aid in
preserving, maintaining and restoring panther habitat and shall not conduct
burning practices that would be expected to have long-term negative impacts to the panther
or panther habitat conditions.
G. Windrowing.
3. Lessor's Compliance with Governmental Regulations. Lessor shall comply with all present and future laws, regulations, permits and directives of any municipal, county, state, federal or other governmental authority applicable to the land or to Lessor's acts or activities on the Leased Premises.
4. Lessee's Rights. Lessee and its representatives, employees and invitees may, with
prior written notice to Lessor, enter the Leased Premises once every [3 or 5]
years, upon the anniversary of this Lease Agreement, in accordance
with provisions contained in Attachment 8 (Attachment 8 will describe in detail lease
compliance evaluation monitoring provisions and specify the kind and frequency of panther
related activities agreed to by both the Lessor and Lessee) for inspection
or in pursuance of any and all of its rights under the terms of this Lease Agreement. In
all other events, inspections under this Lease Agreement shall be performed by air or in
other non-obtrusive manners.
5. Lessee's Duty. Lessee agrees that, subject to Lessor's full compliance with all the
terms of this agreement, Lessor may peaceably and quietly enjoy use of the Leased Premises
for agricultural production on and subject to the terms and conditions of this Lease
Agreement.
6. Panther Research and Management. Panther
related research and management on lands covered by the terms of this Lease Agreement are
described in Attachment 8.
7. Lessor and Lessee agree that this Lease Agreement is subject and subordinate to:
. The facts of an accurate survey; aerial photograph; present and future laws,
ordinances, ordinances, orders, rules, regulations and permits of any
governmental or public authority, including, with limitation, those relating to zoning and
use; and any restrictions, covenants, and easements of record;
. Any and all present and future mortgages or encumbrances given by Lessor, and their
renewals, modifications, consolidations and extensions on the Leased Premises; and
. Any and all present and future grazing leases.
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Article 10, Farm Plans Operation
Document
1. Farm Plan Operation Document. Lessor must
identify his describe existing land uses and
habitat conditions in a Farm plan Operation
Document as defined and approved by Lessee [SFWMD or NRCS],
and as described presented in Attachment
3. The Farm plan Operation Document shall
cover a period of one to five (5) years under serve as an
umbrella plan for the term of this Lease Agreement and incorporate approved best
management practices that are developed specifically for agriculture and natural community
management and are based on sound scientific evidence and applied research. The Farm plan
Operation Document may, at the Lessor's option, be updated
periodically to reflect current and/or changing market conditions. Updates in
the form of modifications to the original Farm Operation Document must be
approved by Lessee in the same manner as the original plan document.
Revisions Modifications to the Farm plan
Operation Document may address Lessor's ability to build new
residences, barns, administrative and agricultural production support buildings and may
reduce the compensation paid to Lessor under this Lease Agreement. All uses contained in
the Farm plan Operation Document may continue
under the term of this Lease Agreement.
2. Uses. Lessor's current agricultural production practices must fit the mosaic of land
uses which are described in the Farm plan Operation Document and
which in the aggregate provide suitable habitat values for survival and recovery of the
Florida Panther while providing for continued agricultural production activities.
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1. General. It is the responsibility of the Lessor to construct and maintain facilities
and conduct operations in a manner that employs all reasonable means to limit the
potential for environmental contamination. Lessor warrants that operations involving waste
stream management and disposal; fuel use and storage; agricultural chemical handling,
storage, use and disposal, and all other applicable hazardous matters follow all
applicable rules, regulations, permits, laws and other governmental guidelines. This Lease
Agreement does not preclude the standard use of "restricted use" pesticides.
2. Restoration of Native Vegetation. Lessor will be responsible for planting native
vegetation and restoration of Florida panther habitat, as well as for best management
practices for natural communities management in the areas specified in Attachment
6 [to be prepared to accompany Lease Agreement] in return for additional
compensation in the amount of ________.
2 3. Actions for Noncompliance.
Noncompliance of any environmental regulation affecting the purpose and intent of this
Lease Agreement constitutes default of this Lease Agreement.
3 4 . No Duty to Inspect. Compliance with
the terms of this Article is the sole responsibility of the Lessor. The right of the
Lessee to inspect the premises shall not create a duty to inspect, nor shall Lessor be
entitled to rely on the same, nor shall it be construed or interpreted as a waiver of or
estoppel to Lessee's right to require Lessor's strict compliance with the terms of this or
any other Article of the Lease Agreement, or to any enforcement action brought by Lessee.
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Article 12, Improvements and Fixtures
Lessor's Improvements. Lessor shall have the right to lawfully improve,
add to, or alter the Leased Premises and shall have the right to install or place upon the
premises such ditches, dikes, rows, windrows, bedding, canals, wells, culverts, roads,
fences, cattle guards and other improvements used to conduct an agricultural operation.
Such improvements and fixtures shall be placed in a manner that furthers the intent of
this Lease Agreement to maintain existing Florida panther habitat or the construction of
same may constitute a default of this Lease Agreement. The Lessor shall be bound to inform
the Lessee of improvements and fixtures only if the installation inhibits the panthers'
movement across the land, or further fragments
habitat, results in the destruction of more that 10 acres of native landscape,
or otherwise potentially lessens the suitability of the property for panther use
and then, Lessor and Lessee may agree upon an alternate means to accommodate the
improvements without inhibiting the panthers' movement, use, or
further fragmenting habitat.
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Article 13, Termination or Extension
1. Termination. This Lease Agreement shall terminate upon the last day of the term
thereof.
2. Extension. This Lease Agreement has an automatic renewal unless written notice is
given by either party five years prior to the end of the Lease Agreement term. Renewals
shall be for continuing terms of a minimum of five years with rent escalation in the
amount of___. Upon renewal, notice to terminate the Lease Agreement at the end of the
five-year term must be given during the first year of the renewal. [Note: rent escalations
would not be necessary for leases based on income and estate tax credits, since income
would change over time and reflect the effects of inflation and estate taxes would be
based on the value of the land at the time of death or six months thereafter.]
3. Exit Clause. In the event that the United States government, through the United
States Fish and Wildlife Service (FWS), makes a determination
that the Florida panther is extinct or is no longer an endangered or
threatened species, then the purpose of this Lease Agreement will
could be deemed frustrated and the Lease Agreement will
could be terminated by Lessee as of
the date of the determination, if deemed no longer warranted for reasons of
Florida panther conservation by the FWS.
This Lease Agreement can be terminated at any time by mutual agreement of
Lessor and Lessee.
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Article 14, Surrender of Premises
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If any part of the Leased Premises are taken for any public or quasi-public use under
any statute or by right of eminent domain or by any purchase under threat of or in lieu of
such taking, the term of this Lease Agreement shall terminate as to the portion taken when
possession is so taken and the rent hereunder shall be apportioned prorata. In such event,
Lessor shall be entitled to the entire award or price.
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Article 16, Defaults and Remedies
If Lessee shall be in default of any of the provisions of this Lease Agreement, then
Lessor may terminate this Lease Agreement and penalties as more fully described in Attachment
7 will be in full force and effect.
Potential penalties for Lessee's default are as follows:
1. If the Lessee shall allow the rent to be in arrears more than __- days after written
notice of such delinquency, or shall remain in default under any other condition of this
Lease Agreement for a period of_ days after written notice Lessor may at his option,
without further notice to Lessee, terminate this Lease Agreement and relet the premises.
2. Draft.....
If Lessor shall be in default of any of the provisions of this Lease Agreement, then
Lessee may terminate this Lease Agreement and penalties as more fully described in Attachment
7 will be in full force and effect.
Potential penalties for Lessor's default are as follows:
1. Draft.... If default action by Lessor resulted in the
destruction/alteration of native landscapes of the type typically used by the Florida
panther, the Lessor shall be responsible for acceptable restoration of subject site and/of
possible reimbursement of a comparable portion of lease revenue.
. Draft....
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Article 17, Assignment and Sublease
Assignment and Subletting by Lessor: All assignments and subleases of the property by
the Lessor are subordinate to the terms of this Lease Agreement. The Lessee shall be
informed of said assignments and subleases.
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1. Notices and Addresses. All notices provided to be given under this agreement shall
be given by certified or registered mail, addressed to the proper party, at the following
address:
Lessor:
Lessee:
2. Parties Bound.
3. Applicable Law. Florida Law shall apply to any disputes under the terms of this
Lease Agreement.
4. Legal Construction.
5. Sole Agreement of the Parties.
6. Amendment. All amendments must be in writing and signed by the parties.
7. Rights and Remedies Cumulative.
8. Waiver by Default.
9. Attorney's Fees.
10. Acts of God.
11. Time of Essence.
12. Exculpation of Lessor.
13. No Recordation. (????????)
14. Relationship of the Parties.
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IN WITNESS WHEREOF, The undersigned Lessor and Lessee hereto execute this agreement as
of the day and year written below.
Witnesses: Lessor:
___________________ ____________________
___________________ By:__________________
Date:________________
Witnesses: Lessee:
___________________ ____________________
___________________ By:__________________
Date:________________
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Map of Leased Premises
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Agricultural Production Detail
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Farm Plan/Farm Operation Documents
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Base Rent Compensation
1. A Federal Estate tax credit for any federal estate tax that shall arise due to the
death of Lessor (or_________) that occurs during the term of this Lease Agreement. This
tax credit is capped at $___, an amount fairly compensating Lessor 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.
2. A Federal Income tax credit in the amount of__ to be offset against any federal
income tax due and owing by Lessor each year during the term of this Lease Agreement. This
federal income tax credit shall be equal to the amount due on all net income earned on an
annual basis from the premises, or an amount capped at $__, an amount fairly compensating
Lessor 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.
3. Lessor shall be exempt from any [additional?] ad valorem tax or ___ tax obligation
that shall arise during the term of this Lease Agreement.
4. Cash payments of $__ per month.
5. Surface and sub-surface water resources shall be available for agricultural
production.
6. 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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Additional Rent Sums
. Expansion of Current Use.
2. Hunting Lease.
. Optimum Panther Habitat Management.
4. Compensation for Loss of Livestock.
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Best Management Practices
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Defaults and Penalties
Penalties for Lessee's default are as follows:
. If the Lessee shall allow the rent to be in arrears more than __- days after written notice of such delinquency, or shall remain in default under any other condition of this Lease Agreement for a period of_ days after written notice Lessor may at his option, without further notice to Lessee, terminate this Lease Agreement and relet the premises.
. Draft.....
If Lessor shall be in default of any of the provisions of this Lease Agreement, then
Lessee may terminate this Lease Agreement and penalties as more fully described in Attachment
7 will be in full force and effect.
Penalties for Lessor's default are as follows:
. Draft....
. Draft....
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