12 05g STANDARD PROVISIONS FOR ALL TYPES OF FARM LEASES

• Jurisdiction: Arkansas
• Library: Arkansas Form Book - Complete (2023 Ed.)

12-05G STANDARD PROVISIONS FOR ALL TYPES OF FARM LEASES

A. IRRIGATION

Wells, relifts and pivots located on the Leased Premises may be used by the Lessee to irrigate the crops being grown upon Leased Premises. Lessor does not guarantee that there is sufficient ground water available to fully irrigate the crops being grown. If, through no fault of Lessor, water is unavailable for irrigation purposes for whatever reason, Lessor shall have no liability therefor to Lessee.

Lessee shall be responsible, at its sole expense, for the daily routine maintenance and lubrication for all wells, relifts, center pivot irrigation systems, power units, pumps, gear heads, motors, control panels, rises, underground pipes and drainpipes ("Irrigation Equipment") provided by Lessor on Leased Premises, for all repairs under $[amount], and the cost of temporary pipes for the application of water to the fields. All Irrigation Equipment provided by Lessor is accepted by Lessee "as-is."

During the term hereof, the Lessor shall only be responsible for the cost of reasonable and necessary repairs or replacements exceeding $[amount] on any one occurrence for Irrigation Equipment used by the Lessee and owned or leased by the Lessor, which are located upon the Leased Premises, the necessity for which is caused solely by normal wear and tear, or by natural causes or other factors beyond the reasonable control of the Lessee, all under prudent and proper operating conditions; provided, however, except to the extent necessary to prevent irreparable harm to a crop, no such repairs or replacements shall be made by the Lessee, except upon prior written authorization by the Lessor; provided further, however, for such repairs or replacements not exceeding $[amount] in such costs for any one occasion, the Lessee may make such repairs or replacements without giving the Lessor prior notice. Upon any such authorization being made, the Lessee shall use its best efforts to have such repairs or replacements made as promptly as possible. There is not now, and never shall be, any liability or obligation, of any nature whatsoever, over, upon or against the Lessor, its successors and assigns, because of any defects, breakdowns, delays, inconveniences or any other type of damage or loss of any nature whatsoever, either direct, proximate, consequential or indirect, suffered or incurred by the Lessee by virtue of the necessity of any repairs, alterations, additions or replacements to or for such wells, pumps, canals or other improvements located upon the Leased Premises. The Lessor shall not be liable to any person, firm or corporation, in any manner, for any costs or repairs for labor or materials thus to be used by the Lessee, except as specifically set forth in this paragraph. The Lessee shall make no alterations, repairs, replacements or improvements to any improvements on the Leased Premises that are not necessary, useful and reasonable. Any and all improvements made to or upon the Leased Premises by the Lessee shall be and become the property of the Lessor and shall not be removed by the Lessee. The Lessee shall keep the Leased Premises free and clear from any and all liens, claims and demands for work performed, materials furnished, or operations conducted thereon.

If, under any of the provisions of this Lease, the Lessee shall be ousted from possession of any of the Leased Premises, and as a result thereof, the supply and availability of irrigation water shall be extinguished or materially reduced, it shall be the duty of the Lessor to pay the cost of, and to permit the Lessee to provide, irrigation water through whatever method may then prove to be the most practical and expedient, taking into consideration the costs of the labor and materials to be used and taking into consideration the state of development of any crop then growing in or upon that part of the Leased Premises thus affected.

B. RIGHT OF ENTRY FOR INSPECTION

The Lessor shall have the right, either in person or by agent or attorney, to enter upon the Leased Premises for the purpose of inspecting the same and the crops growing thereon, and for the purpose of doing any other lawful acts on the Leased Premises that the Lessor may be authorized to do under this Lease or that may be necessary to protect the Lessor's interest in the Leased Premises or under this Lease or which were done at the instance or request of the Lessee. Lessor shall have the right to hire and employ experts or advisors to make soil samples or otherwise view and review the Leased Premises and crops for the purpose of advising the Lessor as to what changes in farming practices might be observed.

C. TAXES AND SPECIAL ASSESSMENTS

It is agreed that, during the term hereof, all taxes and special assessments, whether now levied or which in the future may be assessed and/or levied, shall be promptly paid when due by Lessor.

D. HUSBANDRY PRACTICE

The Lessee agrees that it will work and cultivate all of the tillable lands herein let during the term hereof in a good and husband-like manner; the Lessee will keep all of the Leased Premises, and especially all canals and irrigation ponds, free and clear of sprouts, Johnson grass, weeds, harmful plants, underbrush and other growths generally considered by the Agriculture Extension Service of the University of Arkansas to be foul, noxious or objectionable to good farming practices and applicable to the crop to be grown hereunder; the Lessee will not commit waste nor permit waste to be done to or upon the Leased Premises; the Lessee will not permit any public nuisance to be and exist on Leased Premises; the Lessee will commit no act, nor permit any act to be committed, in reference to the Leased Premises and improvements which will increase the fire hazard or cause a greater premium for any type of insurance to be charged than is payable at the beginning of this Lease; and, at the expiration hereof, the Lessee agrees that the Lessee will promptly and peaceably deliver to the Lessor the Leased Premises, together with any additions to the improvements thereon, in as good condition as they now are, and in as good condition as their highest state of improvement may have been during the term hereof, natural wear and tear and the action of the elements alone excepted.

E. ALTERATIONS AND REPAIRS

The Lessee shall make no alterations, repairs, replacements or improvements to any improvements on the Leased Premises that are not necessary, useful and reasonable. Any and all improvements made to or upon the Leased Premises by the Lessee shall be and become the property of the Lessor and shall not be removed by the Lessee. The Lessee shall keep the Leased Premises free and...