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TR-2012-35 TUCKAHOE LEASE AGREEMENT 1��� --jZtekRA°4' CLaV-' "q (tqVj0VUA--,,1 TR-2012-35 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT FOR USE OF THE TUCKAHOE TURF FARM PROPERTY LOCATED IN THE FEEDING HILLS SECTION OF AGAWAM, MASSACHUSETTS BY JOSEPH CALABRESE Sponsored by Mayor Richard A. Cohen Whereas, the Town owns 292 acres of land known as the Tuckahoe Turf FaV the Feedings Hills section of Agawam, Massachusetts; and Whereas, the Town requested proposals for the lease of said property for -13 agricultural uses; and Whereas, Joseph Calabrese submitted a suitable proposal for the use of 89 acres to grow grain corn in the first year and soybeans in the second-, and Whereas, Joseph Calabrese proposed a lease price of$175.00 per acre per year for a total of$15,575.00 per year; and Whereas, it is in the best interest of the Town of Agawam to lease said real estate. NOW, THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the Mayor is authorized to enter into a three-year lease agreement with Joseph Calabrese for said use of 89 acres of the Tuckahoe Turf Farm property located in the Feeding Hills section of Agawam, Massachusetts. Dated this I T�h—day of J(AP1 _' 2012. PER ORDER OF THE AGAWAM CITY COUNCIL t��&a Chris'�p er C. Johns President DA0VJEDA O� FORIM AND LEGALITY tncent FC' sc'a, City Solicitor MAYORAL ACTION Received this -fh_day of T� UnAU 2012 from Council Clerk. I � -rh - Signed by Council President this day of JLA 2012. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga a harter, as amoffoed, I hereby approve the passage of the above legislation on this day of �j UfU,/ 2012. Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawarn Charter, as amended, I hereby veto the passage of the above legislation on this day of , 2012 for the following reason(s): Richard A. Cohen, Mayor .RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this _day of 2012. LEASE AGREEMENT ARTICLE I Reference Data 1.1 Subiect Referred To Each reference in this Lease to any of the following subjects shall be construed to incorporate the following data. PREMISES: 89 acres of agricultural land located in the Tuckahoe Turf Farm in the Feeding Hills section of Agawam, Hampden County, Massachusetts, more particularly shown on the attached plan and identified as Parcels I-10, inclusive. LANLORD: Town of Agawam 36 Main Street Agawam, MA 01001 (413) 786-0400 TENANT: Joseph Calabrese 8 Powder Mill Road Southwick, MA 0 1077 (413) 537-0521 COMMENCEMENT DATE: April 1, 2012 TERM: April 1, 2012 to May 31, 2015 ANNUAL RENT: $15,575.00 payable October 31, 2012 $15,575.00 payable July 1, 2013 $15,575.00 payable July 1, 2014 PERMITTED USES: Agricultural use and passive recreation.* PUBLIC LIABILITY Bodily Injury: $1,000,000.00 INSURANCE LIMITS: Property Damage: $1,000,000.00 I 1.2 Exhibits The exhibits listed below are attached hereto and incorporated in this Lease by reference and are to be construed as part of this Lease: Exhibit A - Plan identifying Parcels I-10 Exhibit B - Authorizing Council Resolution JR-12- Exhibit C - Management Plan (Tenant's Proposal) 1.3 Table of Contents ARTICLE I Reference Data 1.1 Subjects Referred To 1.2 Exhibits 1.3 Table of Contents ARTICLE 11 Premises and Term 2.1 Premises 2.2 Term 2.3 Tenant Improvements ARTICLE 11 Rent 3.1 Annual Rent 3.2 Utilities ARTICLE IV Tenant's Additional Covenants 4.1 Affirmative Covenants 4.1.1 Perform Obligations 4.1.2 Use 4.1.3 Repair and Maintenance 4.1.4 Indemnity 4.1.5 Landlord's Right to Enter 4.1.6 Personal Property at Tenant's Risk 4.1.7 Yield Up 4.1.8 Rules and Regulations, Laws 4.2 Negative Covenants 4.2.1 Assignments, Subletting 2 ARTICLE IV Tenant's Additional Covenants 4.2.2 Overloading, Nuisance, Waste 4.2.3 Installations, Alterations, or Additions 4.2.4 Liens ARTICLE V Casualty or Takin 5.1 Termination 5.2 Restoration 5.3 Award 5.4 Takings Less Than 40% ARTICLE VI Defaults 6,1 Events of Default 6.2 Remedies 6.3 Remedies Cumulative 6.4 Effect of Waivers 6.5 No Waiver 6.6 No Accord and Satisfaction ARTICLE VII Landlord's Covenants 7.1 Quiet Enjoyment ARTICLE Vill Miscellaneous Provisions 8.1 Notices from One Party to the Other, 8.2 Waiver of Subrogation 8.3 Lease Not to be Recorded; Short Form Notice Permitted 8.4 Acts of God 8.5 Brokerage 8.6 Approvals and Consent 8.7 Signs 8.9 Applicable Law and Constitution 8.9 Holding Over 8.10 Tenant's Estoppel 3 ARTICLE 11 Premises and Term 2.1 Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions, and provisions of this Lease,the Premises together with the right to use the property more particularly outlined on the plan attached hereto as Exhibit A. 2.2 Term To have and to hold for a term beginning on the Commencement Date and continuing for the term identified on page 1 hereof, unless sooner terminated as herein provided. 2.3 Tenant Improvements The Premises are ]eased to Tenant in an "as is" condition. Tenant shall have the right to make such alterations and improvements to the Premises as are more particularly described in the Tenant's Proposal (Management Plan), a copy of which is attached hereto and incorporated as Exhibit C. Tenant shall also periodically mow the Landlord's property immediately to the north of the subject Premises. ARTICLE III Rent 3.1 Annual Rent Tenant covenants and agrees to pay to Landlord at the Mailing Address of Landlord or such other place as Landlord may notice in writing to Tenant from time to time direct during the Initial Term, the Annual Rent for respective period set forth in Section 1.1 hereof annually on or before May_of each year of the lease. Rent is based upon the farmable acreage. 3.2 Utilities If utilities are available at the Premises, Tenant shall pay directly to the proper authorities charged with the collection thereof all charges for sewer, gas, electricity, telephone, water, and other utilities. 4 ARTICLE IV Tenant's Additional Covenants 4.1 Affirmative Covenants Tenant covenants to the following, at its expense at all times during the term and such further time as Tenant occupies the Premises or any part thereof-, 4.1.1 Perform Obligations To perfon-n promptly all of the obligations of Tenant set forth in this Lease, and to pay when due the Annual Rent and any and all charges, rates, and other sums which by the terms of this Lease are to be paid by Tenant. 4.1.2 Use To use the Premises only for the Permitted Uses set forth in Section 1.1 hereof and as further detailed in the Management Plan attached hereto as Exhibit C; and, from time to time, procure any and all licenses and permits necessary therefore. 4.1.3 Repair and Maintenance To the extent fixtures, equipment, or facilities are part of the Premise and except as otherwise provided in Articles V and V11 hereof, to keep without limitation all pipes, wires, plumbing, and other equipment, fixtures, or facilities on the Premises or used thereon in the same order, condition, and repair as they are in on the Commencement Date or may be put in during the term, reasonable use, wear and tear, fire, and other casualty only excepted. 4.1.4 Inderrinill To assume exclusive control of the Premises, and all tort liabilities incident to the control or leasing thereof, and to defend, indemnify, and save Landlord harmless from ail injury, loss, claim, or damage (including attorneys' fees) to or of any person or property while on the Premises arising from any negligence or other misconduct of Tenant, its agents, employees, contractors, subtenants, or assignees. The Tenant shall not be responsible for tort liabilities including injury, loss, claim or damage (including attorneys' fees) incident to the public use of the farm roads, pond, and woodlands on the Premises for non- motorized passive recreation. 4.1.5 Landlord's Right to Enter To permit Landlord and its agents to enter onto and examine the Premises at reasonable times upon reasonable notice to Tenant. Landlord may enter to 5 show the Premises to prospective tenants during the last nine (9) months of the term of the Lease. (See also Article I- Passive Recreation) 4.1.6 Personal ProverN at Tenant's Risk That all furnishings, fixtures, equipment, effects, and property of every kind, nature, and description of Tenant shall be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fires, water, or otherwise, or by the leaking or bursting of water pipes, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person for any injury, loss, damage, or liability caused by negligence or willful misconduct of Landlord, its agents, servants, or employees. 4.1.7 Yield Up At the expiration of the term or earlier termination of this Lease, to surrender all keys to the Premises, to remove any fixtures as Landlord may approve or request, and all of its trade fixtures and any personal property on the Premises, to repair all damage caused by such removal, and to yield up the Premises in the same order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Tilled land shall be seeded to ground cover. 4.1.8 Rules and Regulations, Laws To conform to such rules and regulations as shall from time to time be reasonably established by Landlord for the safety, care, cleanliness, or orderly conduct of the,Premises and to comply with all laws, orders, and regulations of Federal, State, County, and Municipal authorities which may be applicable to Tenant's use of the Premises. 4.2 Negative Covenants Tenant covenants at all times during the term and such further time as Tenant occupies the Premises or any part thereof 4.2.1 Assipanmcnt, Sublettin Not to assign, transfer, mortgage, or pledge this Lease, provided however, Tenant may, if the written consent of Landlord is obtained, assign this Lease to an organization directly or indirectly controlling or controlled by Tenant or affiliated with Tenant or to any successor by merger, consolidation, or acquisition of all or substantially all of the assets of Tenant. Consent by Landlord, whether express or implied, to any such assignment or transfer shall not constitute a waiver of 6 Landlord's right to prohibit any subsequent assignment or transfer- nor shall such consent be deemed a waiver of Landlord's right to terminate this Lease upon any subsequent transfer. As used herein, the term "assign" or"assignment" shall be deemed to include, without limitation, any transfer of Tenant's interest in this Lease by operation of law. The Tenant shall have the right to sublet a portion of the Premises in accordance with their Management Plan, which is attached as Exhibit C. 4.2.2 Overloading, Nuisance, Waste Not to inure, overload, deface, or otherwise harm the Premises; nor commit any nuisance; nor make any use of the Premises which is improper, offensive, or contrary to any law or ordinance or which will invalidate any insurance. Tenant shall not commit nor permit Tenant's servants, agents, invitees, or employees to commit waste to the Premises. 4.2.3 Installations, Alterations, or Additions Not to make any installations, alterations, or additions in, to, or on the Premises except for those alterations outlined in Exhibit C attached hereto without,on each occasion,obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. 4.2.4 Liens Not to cause or allow any liens of any kind to be filed or placed against the Premises. If any liens are so filed, then Tenant shall within ten (10) days after such liens are filed, at its sole cost and expense, take whatever action is necessary to commence the satisfaction and discharge of such lien or the release of such lien by bond. Tenant agrees further to pay promptly when due all taxes which may be a lien on Tenant's sod, farrn products and crops that are growing in place upon the Premises, said lien being evidenced by UCC-I forms duly filed. The parties acknowledge and agree that (1) said lien and any continuation lien or other lien may be imposed on Tenant's sod, farm products, or crops growing upon the Premises, (2) any such lien is considered to be a lien against the personal property of the Tenant, and (3) such lien is not a lien against the Premises. ARTICLE V Casualty or Taking 5.1 'Terminations. In the event that the Premises shall be taken by any public authority or for any public use shall be destroyed by fire or casualty or by the action of any public authority, then this Lease may be terminated at the election of either party. Such election is to be 7 made by giving the other party written notice within sixty (60) days after the right of such damage or taking. 5.2 Restoration If said election to terminate is not exercised within said sixty (60) day period, and in the event Landlord has received proper Council authority to make the necessary expenditures,then Landlord shall, in either event, restore the Premises to a proper condition for use, with reasonable promptness and diligence, and during such restoration period, an equitable abatement of rent shall be made for the proportion of the Premises not fit for use. 5.3 Award Irrespective of the form in which recovery may be had by law, all rights to damages or compensation from eminent domain takings shall be paid to Landlord. Tenant hereby grants to Landlord all of Tenant's rights to such damages and covenants to deliver such further assignments thereof as Landlord may from time to time request. Tenant shall be entitled to recover all Tenant's damages for the taking of Tenant's alterations, additions, improvements, and personal property, and for Tenant's relocation expenses. 5.4 Takinas Less Than 40% In the event that less than 40% of the Premises is taken for use by another entity, the Lessee shall be allowed to complete the current growing season on the Premises and shall be notified in writing of said taking by the Landlord. For the remaining years of the Lease Term, the annual rent shall be reduced by an amount equal to the acreage of the taking times the rental price per acre. ARTICLE VI Defaults 6.1 Events of Defaults (a) If Tenant shall default in the performance of any of its obligations to pay the Annual Rent and if such default shall continue for ten (10) days after or, within thirty (30) days after written notice from Landlord to Tenant specifying any other default or defaults, Tenant has not commenced diligently to correct the default or defaults so specified or has not thereafter diligently pursued such correction to completion, of(b) if any assignment shall be made by Tenant or any guarantor of Tenant for the benefit of creditors, or(c) if Tenant's leasehold interest shall be taken on execution, of(d) if a petition is filed by Tenant for adjudication as a bankrupt, or for reorganization or an arrangement under any provision of the Bank-ruptcy Act as then in force and effect , or(e) if an involuntary petition under any of the provisions of said Bankruptcy Act is filed 8 against Tenant and such involuntary petition is not dismissed within ninety (90) days thereafter, then, and in any of such cases, Landlord and the agents and servants of Landlord lawfully may, in addition to and not in derogation of any.remedies for any preceding breach of covenant, immediately or at any time thereafter and without demand or notice and with or without process of law (forcibly, if necessary) enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Tenant, and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects (forcibly if necessary) without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent prior breach of covenant, and upon such entry or mailing as aforesaid this Lease shall terininate, Tenant hereby waiving all statutory rights (including without limitation rights of redemption, if any, to the extent such rights may be lawfully waived) and Landlord, without notice to Tenant, may store Tenant's effects, and those of any person claiming through or under Tenant at the expense and risk of Tenant. 6.2 Remedies In the event that this Lease is terminated under any of the provisions contained in Section 6.1 hereof or shall be otherwise terminated for breach of any obligation of Tenant, Tenant covenants to pay forthwith to Landlord, as compensation,the excess of the total rent reserved for the residue of the Tenn over the rental value of the Premises for said residue of the Term, and in addition, the amount of rent of any kind accrued and unpaid at the time of termination. In calculating the rent reserved there shall be included, in addition to the Annual Rent, the value of all other considerations agreed to be paid or, performed by Tenant for said residue. Tenant further covenants as an additional and cumulative obligation after any such ten-nination to pay punctually to Landlord all the sums and perform all the obligation which Tenant covenants in this Lease to pay and to perform in the same mariner and to the same extent and at the same time as if this Lease had not been terminated. In calculating the amounts to be paid by Tenant pursuant to the next preceding sentence Tenant shall be credited with any amount paid to Landlord as compensation as in this Section 6.2 provided and also with the net proceeds of any rent obtained by Landlord by reletting the Premises, after deducting all Landlord's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, fees for legal services, and reasonable expenses of preparing and advertising the Premises for such reletting; it being agreed by Tenant that Landlord may relet the Premises or any part or parts thereof, for a term or terms which may at Landlord's option be equal to or less than or exceed the period which would otherwise have constituted the balance of the applicable Ten-n. Landlord agrees to use reasonable efforts to relet the Premises provided Landlord has obtained proper Council authorization to do so. Nothing contained in this Lease shall however, limit or prejudice the right of Landlord to provide for and obtain in proceedings for a bankruptcy or insolvency by reason of the tennination of this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, the damages are to be proved, whether or not the amount be greater than, equal to, or less than the amount of the loss or damages referred to above. 9 6.3 Rcinedies Cumulative Any and all rights and remedies which Landlord may have under this Lease and at law and equity shall be cumulative and shall not be deemed inconsistent with each other, and any two or more of all such rights and remedies may be exercised at the same time insofar as pen-nitted by law. 6.4 Effect of Waivers of Default Any consent or permission by Landlord to any act or omission which otherwise would be a breach of any covenant or condition herein, or any waiver by Landlord of the breach of any covenant or condition herein, shall not in any way be held or construed (unless expressly so declared) to operate so as to impair the continuing obligation of any covenant or condition herein, or otherwise, except as to the specific instance, operate to permit similar acts or omissions. 6.5 No Waiver The failure of Landlord to seek redress for violation of, or to-insist upon the strict performance of, any covenant or condition of this Lease shall not be deemed a waiver of such violation nor prevent a subsequent act, which would have originally construed a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed to have been a waiver of such breach by Landlord, or by Tenant, unless such waiver be in writing signed by the party to be charged. No consent or waiver, express or implied, by Landlord to or of any breach of any agreement or duty shall be construed as a waiver or consent to or of any other breach of the same or any other agreement or duty. 6.6 No Accord and Satisfaction No acceptance by Landlord of a lesser sum than the Annual Rent of any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed an accord and"Satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy in this Lease provided. 10 ARTICLE VI Landlord's Covenants 7.1 Ouiet Eniovmen Landlord war-rants and represents, upon which warranty and representation Tenant has relied on the execution of this Lease, that it is the owner of the Premises in fee simple absolute; that Landlord has full right and lawful authority tot execute this Lease for the term, in the manner and upon the conditions and provisions herein contained. So long as the Tenant pays the rent reserved under the Lease and performs and observes all of the covenants and provisions hereof, Tenant shall quietly enjoy the Premises for the uses permitted hereunder during the term of this Lease and without lawful hindrance by any persons. Should the Landlord lose legal title and/or possession of the Premises as a result of legal action, the Landlord may at its option elect to terminate this Lease without further obligation to the Tenant, provided that the Landlord shall refund a pro-rata portion of the Annual Rent paid to it pursuant to Article I above. ARTICLE VIII Miscellaneous Provisions 8.1 Notices from One Party to the Other All notices required of permitted hereunder shall be in writing and shall be deemed duty served if and when mailed by registered or certified mail, postage prepaid, addressed, if to Tenant, at the Address of Tenant or such other address as Tenant shall have last designated by notice in writing to Landlord and, if to Landlord, at the Mailing Address of Landlord or such other address as Landlord shall have last designated by notice in writing to Tenant. 8.2 Waiver of Subrogation All insurance which is carried by either party with respect to the Premises, whether or not required, (if either party so requests and it can be so written, and if it does not require an additional premium, OT if the requesting party agrees to pay and does not pay an additional premium) shall include provisions which either designate the other party as one of the insured or deny to the insurer acquisition by subrogation of rights of recovery against the other party to the extent such rights have been waived by the insured party prior to the occurrence of loss or injury, insofar as, and to the extent that such provision may be effective without making it impossible to obtain insurance coverage from responsible companies qualified to do business in the Commonwealth of Massachusetts (even though extra premium may result thereftom). Each party shall be entitled to have duplicates or certificates of any policies containing such provisions. Each party hereby waives all rights of recovery against the other for loss of injury against which the waiving party is protected by insurance containing said provisions, reserving, however, any rights with respect to any excess of loss or injury over the amount recovered by such insurance. 8.3 Lease Not the bc Recoded; Short Form Notice Permitted Landlord and Tenant agree that neither party shall record this Lease, Both parties shall, upon the request of either, execute and deliver a notice or short form of this Lease to the other par-ty, in such form, if any, as may be permitted by applicable statute. 8.4 Acts of God In any case where either party hereto is required to do any act, delays caused by or resulting from acts of God, war, civil commotion, fire, flood, or other casualty, strike; inability to obtain labor, materials, or equipment; government regulations; unusually severe weather; or other causes beyond such party's reasonable control shall not be counted in determining the time during which work shall be completed, whether such time be designated by a fixed date, a fixed time, of a"reasonable time," and such time shall be deemed to be extended by the period of such delay. 8.5 Brokerape Landlord and Tenant each warrants and represents to the other that it or they have not dealt with any broker in connection with the consummation of this Lease. 8.6 Approvals and Consent Whenever the consent or approval of either party is required hereunder, the same shall not be unreasonably withheld or delayed, 8.7 Signed Tenant may maintain signs on the Premises as are in conformity with the zorfing by-laws of the town, and as are approved by Landlord in writing,which approval shall not be unreasonably withheld of delayed. 8.8 Applicable Law and Construction This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remained of this Lease shall not be affected thereby. There are no oral or written agreements between Landlord and Tenant affecting this Lease. This Lease may be amended, and the provision hereof may be waived or modified, only by instrument in writing executed by Landlord and Tenant. The titles of the several Articles, Sections, and paragraphs contained herein are for convenience only and shall not be considered in construing this Lease. Unless repugnant to the context, the words "Landlord" and "Tenant" appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors, and assigns, and those claiming though or under them respectively 12 8.9 Holding Over Tenant has no right to hold over at the end of the term hereof. In the event that Landlord and Tenant may in the future agree that Tenant may hold over, then Tenant shall be deemed to be a tenant at will during such hold over period for a month to month period, provided, however, that in the event Tenant shall hold over either without Landlord's consent upon termination of this Lease or after termination of Tenant's tenancy at will, then Tenant shall be fully ;liable to Landlord for fair and reasonable use and occupancy charges and for all consequential damages arising from such holding over. 8.10 Tenant's Estoppe Tenant shall any time and from time tot time during the ten-n of this Lease, but only after ten (10) days prior written notice from Landlord, execute, acknowledge, and deliver a written statement certifying that this Lease is in full force and effect subject only to such modifications as may be set out; and that Tenant is in possession of the Premises and is paying rent as provided in this Lease; and the date the Tent is paid in advance; and there are not any incurred defaults on the part of Landlord, or specifying any defaults if they are claimed. Any such statement may be relied upon by any prospective transferee of all or a portion of the Premises, or any assignee of any such persons. If Tenant fails to deliver such statement in a timely manner, Tenant shall be deemed to have acknowledged that this Lease is in full force and effect, without modification as may be represented by Landlord, and that there are no incurred defaults in Landlord's performance. 13 EXECUTED under seal on this day of 2012. LANDLORD: Witness by Richard A. Cohen, Mayor APPROVED AS TO FORM & LEGALITY Vincent Gioscia, Town Solicitor TENANT: NAME OF TENANT Witness by 14 TOWNOFAGAWAM TOWN-OWNED FARMLAND PROJECT MANAGEMENT PLAN FORM Proposers Name:Joseph Calabrese Address: 8 Powder Miff RD Southwick, MA 0 1077 Telephone: 413-537-3453 Farm Name: J Calabrese Farms,LLC Address: (if different fromhome) 1. Crops to be grown at Tuckahoe including cover crops: CroR Acres Gn3in Corn 80 Soybeans 80 (2013) Rye (cover crop) 2. WiD a crop rotation plan be used? Please specify: Yes,gnkin corn on the first year followed by soy beans in the second year. I How often will you have the soil tested(per year)? Three times a year: Once in the spring,once in early summer&once in the fall. 4. How will you meet soil PH and fertility requirements(whom will you hire to custom lime and fertilize,if anyone? We would apply the proper amounts of fertilizer& lime recommended by the NRCS. J Calabrese Farms will apply the fertilizer; 150 pounds of nitrogen,0 phosphorus, 150 pounds of pot ash,&200 pounds pell lime for magnesium. 5. Are you planning to use any additional soil amendments?(eg. manure from your farm, etc.)? No. 6. What type of weeds& insect control measures will you use(specify brand names of chemicals) We use Round up for the weeds&we do not use any insect controls. I Will you seek SCS/ASCS assistance on problem areas? Yes. 8. Any additional information including agricultural improvements which may influence your application. All improvements to the land will be covered by J Calabrese Farms. We will keep all roads maintained and open. All tree's and brush will be removed from the storms last ycar to prcvcjxt injuries. I Calabrese Farms will also keep the property mowed along the roads and entrance, as we have done in the past. Additionally, we will clean up any garbage that has been dumped there illegally. SUBM[IT IN SEPARATE SEALED ENVELOPE MARKED: "PRICE PROPOSAL" PROPOSAL COVER SHEET Attached is a proposal for the use of up to 292 acres of agricultural land in The Tuckahoe Turf Farm,Agawam,MA. The undersigned proposes to lease said property from the Town of Agawam for agricultural purposes involving farming, growing and harvesting of crops. If less than 292 acres are proposed to be leased, the applicant must make this clear. 411 'Qrn 1&4cl The pr9posed lease price for the property is acres for a total .pa acre per year for of per year. Tbe p��� agricultural use of the property is: r u,-w ft cs. ax,ck. 'S.�::j 10.ec--Alt�l On the attached Management Plan Form,please describe in detail the proposed agricultural use of the property. Plans may be submitted for two(2)years. Include such information as crop rotation schedules, soil testing, fertilization,and liming schedules, cover cropping, and proposed agricultural improvements. I have read,understand, and agree to comply with the terms and conditions regarding the lease of the above described property,as outlined in the Request for Proposals and as determined by the Town of Agawam. I have attached the detailed proposal(management plan) for the lease of said property,the Proposer Information Sheet, and other relevant information. 12— signatuie Date Name:-�D5ePV\ C—.,oLAcLbreSe Addren:'E; ec&AAp r ry�I VjA City/Town,Zip code:,--:�o uAtj W (C_.%_- mr� 0 Telephone: Lt k'2 OSZ- t -.. N �; JL ;7*7 Ic TQJ .f;4 ------ t7,, t)v 4A 6, rz 4�1 lob le IL TR-2012-35 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT FOR USE OF THE TUCKAHOE TURF FARM PROPERTY LOCATED IN THE FEEDING HILLS SECTION OF AGAWAM, MASSACHUSETTS BY JOSEPH CALABRESE Sponsored by Mayor Richard A. Cohen Whereas, the Town owns 292 acres of land known as the Tuckahoe Turf Farm in the Feedings Hills section of Agawam, Massachusetts; and Whereas, the Town requested proposals for the lease of said property for agricultural uses; and Whereas, Joseph Calabrese submitted a suitable proposal for the use of 89 acres to grow grain com in the first year and soybeans in the second; and Whereas, Joseph Calabrese proposed a lease price of$175.00 per acre per year for a total of$15,575.00 per year; and Whereas, it is in the best interest of the Town of Agawam to lease said real estate. NOW, THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the Mayor is authorized to enter into a three-year lease agreement with Joseph Calabrese for said use of 89 acres of the Tuckahoe Turf Farm property located in the Feeding Hills section of Agawam, Massachusetts. Dated this day of 22012. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President 6. LOVED A 0 FORM A .& AND LEGALITY 1�incen I t F"'G' iscia—, City Solicitor LEASE AGREEMENT ARTICLE I Reference Data 1.1 Subiect Referred To Each reference in this Lease to any of the following subjects shall be construed to incorporate the following data. PREMISES: 89 acres of agricultural land located in the Tuckahoe Turf Farm in the Feeding Hills section of Agawam, Hampden County, Massachusetts, more particularly shown on the attached plan and identified as Parcels I-10, inclusive. LANLORD, Town of Agawam 36 Main Street Agawam, MA 01001 (413) 786-0400 TENANT: Joseph Calabrese 8 Powder Mill Road Southwick, MA 01077 (413) 537-0521 COMMENCEMENT DATE: April 1, 2012 TERM: April 1, 2012 to May 31, 2015 ANNUAL RENT: $15,575.00 payable October 31, 2012 $15,575.00 payable July 1, 2013 $15,575.00 payable July 1, 2014 PERMITTED USES: Agricultural use and passive recreation.* PUBLIC LIABILITY Bodily Injury: $1,000,000.00 INSURANCE LIMITS: Property Damage: $1,000,000.00 1.2 Exhibits The exhibits listed below are attached hereto and incorporated in this Lease by reference and are to be construed as part of this Lease: Exhibit A - Plan identifying Parcels I-10 Exhibit B - Authorizing Council Resolution (TR-12- Exhibit C - Management Plan (Tenant's Proposal) 1.3 Table of Contents ARTICLE I Reference Data 1.1 Subjects Referred To 1.2 Exhibits 1.3 Table of Contents ARTICLE 11 Premises and Term 2.1 Premises 2.2 Term 2.3 Tenant Improvements ARTICLE 11 Rent 3.1 Annual Rent 3.2 Utilities ARTICLE IV Tenant's Additional Covenants 4.1 Affin-native Covenants 4.1.1 Perform Obligations 4.1.2 Use 4.1.3 Repair and Maintenance 4.1.4 Indemnity 4.1.5 Landlord's Right to Enter 4.1.6 Personal Property at Tenant's Risk 4.1,7 Yield Up 4.1.8 Rules and Regulations, Laws 4.2 Negative Covenants 4.2.1 Assignments, Subletting 2 ARTICLE IV Tenant's Additional Covenants 4.2.2 Overloading, Nuisance, Waste 4.2.3 Installations, Alterations, or Additions 4.2.4 Liens ARTICLE V Casualty or Takin 5.1 Termination 5.2 Restoration 5.3 Award 5.4 Takings Less Than 40% ARTICLE VI Defaults 6.1 Events of Default 6.2 Remedies 6.3 Remedies Cumulative 6.4 Effect of Waivers 6,5 No Waiver 6.6 No Accord and Satisfaction ARTICLE VIT Landlord's Covenants 7.1 Quiet Enjoyment ARTICLE VIII Miscellancous Provisions 8.1 Notices from One Party to the Other 8.2 Waiver of Subrogation 8.3 Lease Not to be Recorded; Short Form Notice Permitted 8.4 Acts of God 8.5 Brokerage 8.6 Approvals and Consent 8.7 Signs - 8.8 Applicable Law and Constitution 8.9 Holding Over 8.10 Tenant's Estoppel 3 ARTICLE 11 Premises and Term 2.1 Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions, and provisions of this Lease, the Premises together with the right to use the property more particularly outlined on the plan attached hereto as Exhibit A. 2.2 Term To have and to hold for a term beginning on the Commencement Date and continuing for the term identified on page I hereof, unless sooner terminated as herein provided. 2.3 Tenant Improvements The Premises are leased to Tenant in an "as is" condition. Tenant shall have the right to make such alterations and improvements to the Premises as are more particularly described in the Tenant's Proposal (Management Plan), a copy of which is attached hereto and incorporated as Exhibit C. Tenant shall also periodically mow the Landlord's property immediately to the north of the subject Premises. ARTICLE III Rent 3.1 Annual Rent Tenant covenants and agrees to pay to Landlord at the Mailing Address of Landlord or such other place as Landlord may notice in writing to Tenant from time to time direct during the Initial Term, the Annual Rent for respective period set forth in Section 1.1 hereof annually on or before May of each year of the lease. Rent is based upon the farmable acreage. 3.2 Utilities If utilities are available at the Premises, Tenant shall pay directly to the proper authorities charged with the collection thereof all charges for sewer, gas, electricity, telephone, water, and other utilities. 4 ARTICLE IV Tenant's Additional Covenants 4.1 Affirmative Covenants Tenant covenants to the following, at its expense at all times during the term and such further time as Tenant occupies the Premises or any part thereof: 4.1.1 Perform Oblilzations To perform promptly all of the obligations of Tenant set forth in this Lease, and to pay when due the Annual Rent and any and all charges, rates, and other sums which by the terms of this Lease are to be paid by Tenant. 4.1.2 Use To use the Premises only for the Permitted Uses set forth in Section LI hereof and as further detailed in the Management Plan attached hereto as Exhibit C; and, from time to time, procure any and all licenses and permits necessary therefore. 4.1.3 Repair and Maintenance To the extent fixtures, equipment, or facilities are part of the Premise and except as otherwise provided in Articles V and VII hereof, to keep without limitation all pipes, wires, plumbing, and other equipment, fixtures, or facilities on the Premises or used thereon in the same order, condition, and repair as they are in on the Commencement Date or may be put in during the term, reasonable use, wear and tear, fire, and other casualty only excepted, 4.1.4 Indernnitv To assume exclusive control of the Premises, and all tort liabilities incident to the control or leasing thereof, and to defend, indemnify, and save Landlord harmless from all injury, loss, claim, or damage (including attorneys' fees) to or of any person or property while on the Premises arising from any negligence or other misconduct of Tenant, its agents, employees, contractors, subtenants, or assignees. The Tenant shall not be responsible for tort liabilities including injury, loss, claim or damage (including attorneys' fees) incident to the public use of the farm roads, pond, and woodlands on the Premises for non- motorized passive recreation. 4.1.5 Landlord's Right to Enter To permit Landlord and its agents to enter onto and examine the Premises at reasonable times upon reasonable notice to Tenant. Landlord may enter to 5 show the Premises to prospective tenants during the last nine (9) months of the term of the Lease, (See also Article I- Passive Recreation) 4.1.6 Personal Property at Tenant's Risk That all furnishings, fixtures, equipment, effects, and property of every kind, nature, and description of Tenant shall be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fires, water, or otherwise, or by the leaking or bursting of water pipes, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person for any injury, loss, damage, or liability caused by negligence or willful misconduct of Landlord, its agents, servants, or employees. 4.1.7 Yield Up At the expiration of the ten-n or earlier termination of this Lease, to surrender all keys to the Premises, to remove any fixtures as Landlord may approve or request, and all of its trade fixtures and any personal property on the Premises, to repair all damage caused by such removal, and to yield up the Premises in the same order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Tilled land shall be seeded to ground cover. 4.1.8 Rules and Re$tulations,Laws To conform to such rules and regulations as shall from time to time be reasonably established by Landlord for the safety, care, cleanliness, or orderly conduct of the Premises and to comply with all laws, orders, and regulations of Federal, State, County, and Municipal authorities which may be applicable to Tenant's use of the Premises. 4.2 Negative Covenants Tenant covenants at all times during the term and such further time as Tenant occupies the Premises or any part thereof. 4.2.1 Assignment, Subletting Not to assign, transfer, mortgage, or pledge this Lease, provided however, Tenant may, if the written consent of Landlord is obtained, assign this Lease to an organization directly or indirectly controlling or controlled by Tenant or affiliated with Tenant or to any successor by merger, consolidation, or acquisition of all or substantially all of the assets of Tenant. Consent by Landlord, whether express or implied, to any such assignment or transfer shall not constitute a waiver of 6 Landlord's right to prohibit any subsequent assignment or transfer; nor shall such consent be deemed a waiver of Landlord's right to terminate this Lease upon any subsequent transfer. As used herein, the term "assign" or"assignment" shall be deemed to include, without limitation, any transfer of Tenant's interest in this Lease by operation of law. The Tenant shall have the right to sublet a portion of the Premises in accordance with their Management Plan, which is attached as Exhibit C. 4.2.2 Overloading, Nuisance, Waste Not to inure, overload, deface, or otherwise harm the Premises; nor commit any nuisance; nor make any use of the Premises which is improper, offensive, or contrary to any law or ordinance or which will invalidate any insurance. Tenant shall not commit nor permit Tenant's servants, agents, invitees, or employees to commit waste to the Premises. 4.2.3 Installations, Alterations, or Additions Not to make any installations, alterations, or additions in, to, or on the Premises except for those alterations outlined in Exhibit C attached hereto without, on each occasion, obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. 4.2.4 Liens Not to cause or allow any liens of any kind to be filed or placed against the Premises. If any liens are so filed, then Tenant shall within ten (10) days after such liens are filed, at its sole cost and expense, take whatever action is necessary to commence the satisfaction and discharge of such lien or the release of such lien by bond, Tenant agrees further to pay promptly when due all taxes which may be a lien on Tenant's sod, farm' products and crops that are growing in place upon the Premises, said lien being evidenced by UCC-I forms duly filed. The parties acknowledge and agree that (1) said lien and any continuation lien or other lien may be imposed on Tenant's sod, farm products, or crops growing upon the Premises, (2) any such lien is considered to be a lien against the �ersonal property of the Tenant, and (3) such lien is riot a lien against the Premises. ARTICLE V Casualty or Taking 5.1 Terminations. In the event that the Premises shall be taken by any public authority or for any public use shall be destroyed by fire or casualty or by the action of any public authority, then this Lease may be terminated at the election of either party. Such election is to be 7 made by giving the other party written notice within sixty (60) days after the right of such damage or taking. 5.2 Restoration If said election to terminate is not exercised within said sixty (60) day period, and in the event Landlord has received proper Council authority to make the necessary expenditures, then Landlord shall, in either event, restore the Premises to a proper condition for use, with reasonable promptness and diligence, and during such restoration period, an equitable abatement of rent shall be made for the proportion of the Premises not fit for use. 5.3 'Award Irrespective of the form in which recovery may be had by law, all rights to damages or compensation from eminent domain takings shall be paid to Landlord. Tenant hereby grants to Landlord all of Tenant's rights to such damages and covenants to deliver such further assignments thereof as Landlord may from time to time request. Tenant shall be entitled to recover all Tenant's damages for the taking of Tenant's alterations, additions, improvements, and personal property, and for Tenant's relocation expenses. 5.4 Takings Less Than 40% In the event that less than 40% of the Premises is taken for use by another entity, the Lessee shall be allowed to complete the current growing season on the Premises and shall be notified in writing of said taking by the Landlord. For the remaining years of the Lease Term, the annual rent shall be reduced by an amount equal to the acreage of the taking times the rental price per acre. ARTICLE VI Defaults 6.1 Events of Defaults (a) If Tenant shall default in the performance of any of its obligations to pay the Annual Rent and if such default shall continue for ten (10) days after or, within thirty (30) days after written notice from Landlord to Tenant specifying any other default or defaults, Tenant has not commenced diligently to correct the default or defaults so specified or has not thereafter diligently pursued such correction to completion,of(b) if any assignment shall be made by Tenant or any guarantor of Tenant for the benefit of creditors, or (c) if Tenant's leasehold interest shall be taken on execution, of(d) if a petition is filed by Tenant for adjudication as a bankrupt, or for reorganization or an arrangement under any provision of the Bankruptcy Act as then in force and effect , or (e) if an involuntary petition under any of the provisions of said Bankruptcy Act is filed 8 against Tenant and such involuntary petition is not dismissed within ninety (90) days thereafter, then, and in any of such cases, Landlord and the agents and servants of Landlord lawfully may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter and without demand or notice and with or without process of law (forcibly, if necessary) enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Tenant, and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects (forcibly if necessary) without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent prior breach of covenant, and upon such entry or mailing as aforesaid this Lease shall terminate, Tenant hereby waiving all statutory rights (including without limitation rights of redemption, if any, to the extent such rights may be lawfully waived) and Landlord, without notice to Tenant, may store Tenant's effects, and those of any person claiming through or under Tenant at the expense and risk of Tenant. 6.2 Remedies In the event that this Lease is terminated under any of the provisions contained in Section 6.1 hereof or shall be otherwise terminated for breach of any obligation of Tenant, Tenant covenants to pay forthwith to Landlord, as compensation, the excess of the total rent reserved for the residue of the Term over the rental value of the Premises for said residue of the Term, and in addition, the amount of rent of any kind accrued and unpaid at the time of termination. In calculating the rent reserved there shall be included, in addition to the Annual Rent, the value of all other considerations agreed to be paid or' perfon-ned by Tenant for said residue. Tenant further covenants as an additional and cumulative obligation after any such ten-nination to pay punctually to Landlord all the sums and perform all the obligation which Tenant covenants in this Lease to pay and to perform in the same manner and to the same extent and at the same time as if this Lease had not been terminated. In calculating the amounts to be paid by Tenant pursuant to the next preceding sentence Tenant shall be credited with any amount paid to Landlord as compensation as in this Section 6.2 provided and also with the net proceeds of any rent obtained by Landlord by reletting the Premises, after deducting all Landlord's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, fees for legal services, and reasonable expenses of preparing and advertising the Premises for such reletting; it being agreed by Tenant that Landlord may relet the Premises or any part or parts thereof, for a ten-n or terms which may at Landlord's option be equal to or less than or exceed the period which would otherwise have constituted the balance of the applicable Term. Landlord agrees to use reasonable efforts to relet the Premises provided Landlord has obtained proper Council authorization to do so. Nothing contained in this Lease shall however, limit or prejudice the right of Landlord to provide for and obtain in proceedings for a bankruptcy or insolvency by reason of the termination of this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, the damages are to be proved, whether or not the amount be greater than, equal to, or less than the amount of the loss or damages referred to above. 9 6.3 Remedies Cumulative Any and all rights and remedies which Landlord may have under this Lease and at law and equity shall be cumulative and shall not be deemed inconsistent with each other, and any two or more of all such rights and remedies may be exercised at the same time insofar as pen-nitted by law. 6.4 Effect of Waivers of Default Any consent or permission by Landlord to any act or omission which otherwise would be a breach of any covenant or condition herein, or any waiver by Landlord of the breach of any covenant or condition herein, shall not in any way be held or construed (unless expressly so dectared) to operate so as to impair the continuing obligation of any covenant or condition herein, or otherwise, except as to the specific instance, operate to permit similar acts or omissions. 6.5 No Waiver The failure of Landlord to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease shall not be deemed a waiver of such violation nor prevent a subsequent act, which would have originally construed a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed to have been a waiver of such breach by Landlord, or by Tenant, unless such waiver be in writing signed by the party to be charged. No consent or waiver, express or implied, by Landlord to or of any breach of any agreement or duty shall be construed as a waiver or consent to or of any other breach of the same or any other agreement or duty. 6.6 No Accord and Satisfaction No acceptance by Landlord of a lesser sum than the Annual Rent of any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy in this Lease provided, 10 ARTICLE VI Landlord's Covenants 7.1 Ouiet Enjoyment Landlord warrants and represents, upon which warranty and representation Tenant has relied on the execution of this Lease, that it is the owner of the Premises in fee simple absolute; that Landlord has full right and lawful authority tot execute this Lease for the term, in the mariner and upon the conditions and provisions herein contained. So long as the Tenant pays the rent reserved under the Lease and performs and observes all of the covenants and provisions hereof, Tenant shall quietly enjoy the Premises for the uses permitted hereunder during the term of this Lease and without lawful hindrance by any persons. Should the Landlord lose legal title and/or possession of the Premises as a result of legal action, the Landlord may at its option elect to terminate this Lease without further obligation to the Tenant, provided that the Landlord shall refund a pro-rata portion of the Annual Rent paid to it pursuant to Article I above. ARTICLE VIII Miscellaneous Provisions 8.1 Notices from One Party to the Other All notices required of permitted hereunder shall be in writing and shall be deemed duly served if and when mailed by registered or certified mail, postage prepaid, addressed, if to Tenant, at the Address of Tenant or such other address as Tenant shall have la'st designated by notice in writing to Landlord and, if to Landlord, at the Mailing Address of Landlord or such other address as Landlord shall have last designated by notice in writing to Tenant. 8.2 Waiver of Subrogation All insurance which is carried by either party with rdspect to the Premises, whether or not required, (if either party so requests and it can be so written, and if it does not require an additional premium, or if the requesting party agrees to pay and does not pay an additional premium) shall include provisions which either designate the other party as one of the insured or deny to the insurer acquisition by subrogation of rights of recovery against the other party to the extent such rights have been waived by the insured party prior to the occurrence of loss or injury, insofar as, and to the extent that such provision may be effective without making it impossible to obtain insurance coverage from responsible companies qualified to do business in the Commonwealth of Massachusetts (even though extra premium may result therefrom). Each party shall be entitled to have duplicates or certificates of any policies containing such provisions. Each party hereby waives all rights of recovery against the other for loss of injury against which the waiving party is protected by insurance containing said provisions, reserving, however, any rights with respect to any excess of loss or injury over the amount recovered by such insurance. 8.3 Lease Not the be Recoded; Short Form Notice Permitted Landlord and Tenant agree that neither par-ty shall record this Lease. Both parties shall, upon the request of either, execute and deliver a notice or short form of this Lease to the other party, in such form, if any, as may be permitted by applicable statute. 8.4 Acts of God In any case where either party hereto is required to do any act, delays caused by or resulting from acts of God, war, civil commotion, fire, flood, or other casualty; strike; inability to obtain labor, materials, or equipment; government regulations; unusually severe weather; or other causes beyond such party's reasonable control shall not be counted in determining the time during which work shall be completed, whether such time be designated by a fixed date, a fixed time, of a "reasonable time," and such time shall be deemed to be extended by the period of such delay. 8.5 Brokerne Landlord and Tenant each warrants and represents to the other that it or they have not dealt with any broker in connection with the consummation of this Lease. 8.6 Approvals and Consent Whenever the consent or approval of either party is required hereunder, the same shall not be unreasonably withheld or delayed. 8.7 Signcd Tenant may maintain signs on the Premises as are in confori-nity with the zoning by-laws of the town, and as are approved by Landlord in writing, which approval shall not be unreasonably withheld of delayed. 8.8 Applicable Law and Construction This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remained of this Lease shall not be affected thereby. There are no oral or written agreements between Landlord and Tenant affecting this Lease. This Lease may be amended, and the provision hereof may be waived or modified, only by instrument in writing executed by Landlord and Tenant. The titles of the several Articles, Sections, and paragraphs contained herein are for convenience only and shall not be considered in construing this Lease. Unless repugnant to the context, the words "Landlord" and "Tenant" appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors, and assigns, and those claiming though or under them respectively 12 8.9 Holding Ovcr Tenant has no right to hold over at the end of the term hereof. In the event that Landlord and Tenant may in the future agree that Tenant may hold over, then Tenant shall be deemed to be a tenant at will during such hold over period for a month to month period, provided, however, that in the event Tenant shall hold over either without Landlord's consent upon termination of this Lease or after termination of Tenant's tenancy at will, then Tenant shall be fully ;liable to Landlord for fair and reasonable use and occupancy charges and for all consequential damages arising from such holding over. 8.10 Tenant's Estoppel Tenant shall any time and from time tot time during the term of this Lease, but only after ten (10) days prior written notice from Landlord, execute, acknowledge, and deliver a written statement certifying that this Lease is In ftill force and effect subject only to such modifications as may be set out; and that Tenant is in possession of the Premises and is paying rent as provided in this Lease; and the date the rent is paid in advance; and there are not any incurred defaults on the part of Landlord, or specifying any defaults if they are claimed. Any such statement may be relied upon by any prospective transferee of all or a portion of the Premises, or any assignee of any such persons. If Tenant falls to deliver such statement in a timely manner, Tenant shall be deemed to have acknowledged that this Lease is in full force and effect, without modification as may be represented by Landlord, and that there are no incurred defaults in Landlord"s performance. 13 EXECUTED under seal on this day of 2012. LANDLORD: Witness by Richard A. Cohen, Mayor APPROVED AS TO FORM & LEGALITY Vincent Gioscia, Town Solicitor TENANT: NAME OF TENANT Witness by 14 TOWNOFAGAWAM TOWN-OWNED FARMLAND PROJECT MANAGEMENT PLAN FORM Proposers Name: Joseph Calabrese Address: 8 Powder Mill RD Southwick,MA 0 1077 Telephone: 413-537-3453 Farm Name: J Calabrese Farms,LLC Address: (if different from home) 1. Crops to be grown at Tuckahoe including cover crops: CrOR Acres Grain Com so Soybeans 80 (2013) ftye(cover crop) 2. Will a crop rotation plan be used? Please specify: Yes,grain corn on the first year followed by soy beans in the second year. 3. How often will you have the soil tested(jper year)? Three times a year: Once in the spring,once in early summer& once in the fall. 4. How will you meet soil PH and fertility requirements (whom will you hire to custom lime and fertilize,if anyone? We would apply the proper amounts of fertilizer& lime recommended by the NRCS. J Calabrese Farms will apply the fertilizer; 150 pounds of nitrogen, 0 phosphorus, 150 pounds of pot ash, &200 pounds pell lime for magnesium. 5. Are you planning to use any additional soil amendments?(eg. manure from your fum,etc.)? No. 6. What type of weeds& insect control measures will you use(specify brand names of chemicals) We use Round up for the weeds &we do not use any insect controls. 7. Will you seek SCSIASCS assistance on problem areas? Yes. 8. Any additional information including agricultural improvements which may influence your application. All improvements to the land%%ill be covered by J Calabrese Farms. We will keep all roads maintained and open. All tree's and brush will be removed from the storms last ycar to prevent injurim J Calabrese Farms will also keep the property mowed along the roads and entrance, as we have done in the past. Additionally,we will clean up any garbage that has been dumped there illegally. SUBMIT IN SEPARATE SEALED ENVELOPE MARKED: "PRICE PROPOSAL" PROPOSAL COVER SHEET Attached is a proposal for the use of up to 292 acres of agricultural I and in The Tuckahoe Turf Farm,Agawam,MA. The undersigned proposes to lease said property from the Town of Agawam for agricultural purposes involving farming, growing and harvesting of crops. If less than 292 acres are proposed to be Imed, the applicant must make this clear. ru Q. ,." 1"J The proposed lease price for the property is$A15�-- _j)er acre per year for%%acres for a total of$ per year. lsi'515 - The proposed agricultural use of the property is: 0,rj&k(\ C-0!-C� CLAxa 4-j On the attached Management Plan Form,please describe in detail the proposed agricultural use of the property. Plans may be submitted for two (2)years. Include such information as crop rotation schedules, soil testing, fertilization, and liming schedules, cover cropping, and proposed agricultural improvements. I have re4 understand, and agree to comply with the terms and conditions regarding the lease of the above described property,as outlined in the Request for Proposals and as determined by the Town of Agawam. I have attached the detailed proposal(management plan) for the lease:of said property, the Proposer Information Sheet, and other relevant information. 12- Signatur,e Date Name:-�o5q?\-', Addrm:'g R&&ckVr (V\I\k City/Town,Zip c;ode:,:�a UAV,� r� u Telephone: Lj V2->-S- 052- 1 "AiL pop 17 q 61"N�- 47 76 we 46; 3-p 4, IP, -Ab lot IL fer", sit ,146 A Pis 01 WME 1,41