14b. Pro forma - Lease agreements

Lease agreements

The following forms were developed based on the requirements and essential elements as set out in appendix 14a.

GRAZING AGREEMENT

1. Parties

Entered into and between:

herein represented by _______________ in her/his capacity as ____________________

duly authorised by a resolution dated ____________________

(herein referred to as the COUNCIL/LESSOR)

and

[Full name, id number and permanent address of commonage user or Full name of User association.]

(herein referred to as the COMMONAGE USER/USER ASSOCIATION OR LESSEE)

2. Land description

The property leased is described as follows:

(Provide legal description of property)

3. Period of lease

The lease period is for _______ years and __________ months. The lease shall commence on ___________ [date] and shall expire on ____________ [date].

4. Rental

Rent shall be payable as follows:

The amount will be _____________/per annum or per month, based on either per hectare or per animal unit. The rent will be paid in advance from the ____ day of each and every month.

5. Provision for right of entry

Both parties, and agents or employees thereof, shall have the right to enter the property at any reasonable time for any legitimate purpose i.e. inspection or for maintenance, improvements. Gates shall be closed upon entering and leaving the property.

6. Provisions concerning subleasing

The lessee may under no circumstances sublet the property without the written approval from the lessor.

7. (Stated responsibilities)

Use of property

Maintenance

Conservation, erosion, water, fire breaks

Damage to, or destruction of properties

Improvements

8. General rights and obligations of both parties

9. (Provision for settling disagreements)

Breach of contract

Waive of preference

In the event of the Lessee failing to fulfil any of the terms and conditions of this Agreement, the Lessor shall have the right to:

In the event of the Lessor failing to fulfil any of the terms and conditions of this Agreement, the Lessee shall have the right to:

10. Domicilium

The parties choose domicilium citandi et executandi for all purpose under this lease as follows:

Lessor: [TLC] __________________________________________

Lessee: [commonage user] ________________________________

THUS DONE and SIGNED on behalf of the Lessor at _______________ on this _______ day of _____________ 20 ____.

AS WITNESSES:

1. ________________________

2. ________________________ ________________________

LESSOR

THUS DONE and SIGNED on behalf of the Lessee at ___________________ on this _______ day of ____________ 20 _____.

AS WITNESSES:

1. ________________________

2. ________________________ ________________________

LESSEE

PRODUCTION AGREEMENT

11. Parties

Entered into and between:

herein represented by _______________ in her/his capacity as ____________________

duly authorised by a resolution dated ____________________

(herein referred to as the COUNCIL/LESSOR)

and

[Full name, id number and permanent address of commonage user or Full name of User association.]

(herein referred to as the COMMONAGE USER/USER ASSOCIATION OR LESSEE)

12. Plot description

The plot leased is described as follows:

(Provide plot no. and plot size)

13. Period of lease

The lease period is for _______ years and __________ months. The lease shall commence on ___________ [date] and shall expire on ____________ [date].

14. Rental

Rent shall be payable as follows:

The amount will be _____________/per annum or per month, based on plot size or crops planted. The rent will be paid in advance from the ____ day of each and every month.

15. Provision for right of entry

Both parties, and agents or employees thereof, shall have the right to enter the property and/or plots at any reasonable time for any legitimate purpose i.e. inspection or for maintenance, improvements. Gates shall be closed upon entering and leaving the property and/or plots.

16. Provisions concerning subleasing

The lessee may under no circumstances sublet the plot without the written approval from the lessor.

17. (Stated responsibilities)

Use of property

Maintenance

Conservation, erosion

Water and irrigation rights

Damage to, or destruction of plots

Improvements

18. General rights and obligations of both parties

19. (Provision for settling disagreements)

Breach of contract

Waive of preference

In the event of the Lessee failing to fulfil any of the terms and conditions of this Agreement, the Lessor shall have the right to:

In the event of the Lessor failing to fulfil any of the terms and conditions of this Agreement, the Lessee shall have the right to:

20. Domicilium

The parties choose domicilium citandi et executandi for all purpose under this lease as follows:

Lessor: [TLC] __________________________________________

Lessee: [commonage user] ________________________________

THUS DONE and SIGNED on behalf of the Lessor at _______________ on this _______ day of _____________ 20 ____.

AS WITNESSES:

3. ________________________

4. ________________________ ________________________

LESSOR

THUS DONE and SIGNED on behalf of the Lessee at ___________________ on this _______ day of ____________ 20 _____.

AS WITNESSES:

3. ________________________

4. ________________________ ________________________

LESSEE