Any overholding by the tenant shall be considered a trespass.
The tenant will pay the landlord the yearly rental of _____ plus GST for the cultivated portion of the land plus the yearly rental of ___plus GST for the grazing portion of the land during the said term.
The contents of this agreement shall for all purposes be construed according to the laws of the Province of Saskatchewan and any cause of action arising hereunder shall be entered and tried in the judicial center serving the area of Saskatchewan in which the land of this agreement is located.
The terms “landlord” and “tenant” shall include their heirs, executors, administrators, successors and assigns in the singular or plural number and feminine or masculine gender when the context or the parties so require and all the covenants shall be construed as being joint and several.
The tenant shall make all decisions with respect to growing crops unless stated otherwise in this agreement, and as such the tenant shall be responsible for all costs of farming the said land unless stated otherwise in this agreement.
The tenant shall:
The tenant shall not:
The tenant will make all decisions on which pesticides are to be used on crops grown on the land.
All the cultivated portion of the land can only be used for grain production. The tenant will use the lands and premises for the purpose of growing crops and the tenant shall not, without the written consent of the landlord:
Crop residues including straw, chaff and stubble remaining after harvesting the crops on the land shall not be burned, baled or otherwise removed, used or disposed of without the consent of the landlord. Flax straw can be burned on field or baled and removed from field if tenant wants to do so.
The tenant shall control all noxious weeds on the subject lands, and maintain all summer fallow (if any) in a reasonably weed-free condition.
With respect to the Saskatchewan Crop Insurance program, the tenant has the option to take a Crop Insurance contract and in so doing shall absorb the total cost of coverage and receive all the benefits.
Insurance on all leased buildings in this agreement shall be the responsibility of the landlord.
The landlord and tenant are free to make their own arrangements regarding other production and all risk insurance and in so doing shall absorb the total cost of coverage and receive all the benefits.
The landlord will provide no grain storage. The tenant will provide grain storage they need.
In the event that any payment, subsidy or other reimbursement is made under any government agency or any marketing agency in connection with income support to the actual producer of crops grown on the leased lands during the term of this lease, the payments identified with the leased land shall be paid to the tenant unless otherwise agreed upon.
Where contributions are required for entitlement to any payment, subsidy or reimbursement the landlord and tenant shall mutually agree as to the sharing of the costs and income. The following are included and shared as set out:
Compensation for reasons such as, but not limited to, property damage and inconvenience from oil and gas exploration, pipeline development, power and telephone line installations, or road construction, shall accrue to the party that has suffered the loss. The landlord will have the final say on who has suffered the loss except as follows:
The cost of all municipal and school taxes on the land included in this lease shall be paid by the landlord.
The tenant shall not make major improvements, other than what is considered normal repair and maintenance, to the leased land or any other assets identified in this agreement without written permission of the landlord. Major improvements, which without restricting the generality of the term, shall include: water development, erosion control, fencing and building construction, clearing, breaking and seeding to pasture and hay land. Such consent shall be attached to and form part of the lease agreement. The amount of compensation shall be an amount agreed upon by the landlord and tenant.
Title to all improvements shall vest in the landlord and no improvements shall be sold, removed, disposed of or encumbered without the written consent of the landlord.
Responsibility for normal maintenance and repair to buildings, fences and improvements shall be as follows: Tenant’s Responsibility. Tenants are allowed to remove all the fences at the tenant’s expenses, and tenants will own all the removed material.
In the event that marketing facilities prevent the landlord from delivering the grain previously grown and stored on the said leased premises at the commencement of this lease, it is agreed that such undelivered grain may be stored on the said land for a period not exceeding Seven months after the commencement of this lease without charge for storage or interference from the tenant. However, the landlord must not deliver any other grain in priority to the grain stored on the leased premises. During this period, the landlord has the right to enter to obtain any grain or fodder which he has stored on the said property.
In the event that the harvesting and marketing conditions prevent the tenant from delivering the grain grown and stored on the leased land during the term of this lease, such grain may be harvested and removed from the landlord’s property according to The Agricultural Leaseholds Act . Any grain left on the property following the termination of the lease must be removed within 7 months of termination of the lease.
The term of this lease may be extended by mutual agreement between the landlord and tenant for a further period upon the same terms and conditions as contained herein, except as otherwise agreed in writing by the parties executing a renewal statement.
After harvest in the fall preceding the expiration of the said term, an incoming tenant, purchaser or the landlord shall have the right to enter on the land contained in this agreement for the purpose of preparing the land for crop.
The landlord and tenant may by mutual agreement submit any disagreement, which may arise with respect to the terms and conditions of this lease to arbitration in accordance with The Arbitration Act .
The landlord and tenant may mutually agree to terminate this lease at any time.
I, __________ do hereby accept this lease of the above described land to be held
(tenant names)
by me as tenant, and subject to the conditions, restrictions and covenants above set forth.
In Witness whereof the parties have set their hands and seals this ______ day of ____2020 .
SIGNED, SEALED AND DELIVERED IN THE )
PRESENCE OF: )
)
)
)
________________________________ ) ______________________
(As to the execution by landlord) ) (Signature of Landlord)
AND IN THE PRESENCE OF: )
)
)
)
________________________________ ) ______________________
(As to the execution by tenant) ) (Signature of Tenant)
Saskatchewan Ministry Of Agriculture