Lampson Brook Farm Sub-Lease Agreement (Template) printable pdf download

LAMPSON BROOK FARM SUB-LEASE AGREEMENT (Template)

This Agreement is made and entered into this 26th day of _______, 20___, by and between New England

Small Farm Institute, Inc. (Lessee), 275 Jackson Street, Belchertown, MA 01007, and _________________

_________________________________________________________________________ (Sub-lessee), to sub-

lease a certain parcel(s) of agricultural land and/or space in certain building(s) for purposes more fully described

below.

WHEREAS, Lessee, a non-profit educational organization, has entered a long-term lease agreement (the master

lease) with the Commonwealth of Massachusetts (Landlord) under the terms and conditions of Chapter 664 of

the Acts of 1986 “for the purpose of promoting the development of a small farm demonstration and training

center” on the property known as Lampson Brook Farm, formerly the Belchertown State School farm (the

Premises); and

WHEREAS, Lessee seeks to establish a small farm demonstration and training center on said Premises, to

include securely tenured, sustainably-managed natural resource-based enterprises; and

WHEREAS, Sub-lessee is qualified and desires to establish and maintain ____________________________

(an independent and permitted use), and prepared to collaborate with Lessee in developing demonstrations

and/or educational program activities on said sub-leasehold, all as more particularly described in Sub-lessee’s

Enterprise Plan, attached hereto and made a part of this Agreement as Exhibit A.

NOW THEREFORE, the parties agree as follows:

1. Description of the Sub-leasehold

The sub-leasehold, known as “__________________,” is comprised of agricultural land identified as Field

_________________, all as more particularly described in Sub-leasehold Plan of Land/Site Use Plan, attached

hereto and made a part of this agreement as Exhibit B.

2. Purpose and Utilization of the Sub-leasehold; Maintenance of Effort

The purpose of this non-transferable sub-lease Agreement is to implement the particular proposal contained in

Exhibit A, Sub-lessee’s Enterprise Plan. Maintenance of effort in pursuit of this Plan is required. Use of the

sub-leasehold, including any improvement thereto, shall be subject to all terms and conditions of the master

lease between Lessee and the Commonwealth of Massachusetts, attached hereto and made a part of this

Agreement as Exhibit C, and shall be subject to Lessee’s ongoing oversight.

3. Term of Sub-lease

The term of this sub-lease shall be from ____________ to ____________, except as may be renewed by written

agreement of both parties or earlier terminated according to the provisions of Section 11, below.

4. Fair Market Value Rent

Fair market value rent (the Annual Site Use Fee) for the sub-leasehold is comprised of two factors:

o An agricultural productive use value based on (a) the Hampshire County average annual rental for

agricultural land of similar capability or other value approved by the Commonwealth; and/or (b) local

average rental rates for comparable commercial, storage or residential space, payable quarterly, and

o An additional commercial productive use value, as mutually agreed upon and based on non-agricultural

value, if any, gained from sub-leasehold tenure and payable annually.

The Annual Site Use Fee will be reviewed and may be adjusted annually, and shall be made a part of this

Agreement as provided in Exhibit D. Lessee and Sub-lessee may negotiate in-kind services in lieu of all or

partial payment of the Annual Site Use Fee.

Rev. 2010

Lampson Brook Farm Sub-Lease Agreement (Template)