Agricultural

AGRICULTURAL LEASE AGREEMENT

THIS AGRICULTURAL LEASE AGREEMENT ("Lease"), effective as of the date of last signature hereof (the “Effective Date”) by and between RAVEN RIDGE FARM, INC. ("Lessor"), having an address at 13101 Collecting Canal Rd., Loxahatchee Groves, Florida 33470, and _______________________________________(“Lessee”) having an address at_____________________________________________.

WITNESSETH

WHEREAS, Lessor has possession, custody and control of the barn, paddocks, round pen and riding ring located at 13101 Collecting Canal Rd., Loxahatchee Groves, Florida 33470 (collectively, the "Premises"):
WHEREAS, Lessee wishes to lease a portion of the Premises including __________stalls, _________ paddocks and shared access to grooming and wash stalls, tack rooms, feed room, round pen, open grazing areas and riding ring;
NOW THEREFORE, in consideration of the premises, the covenants herein contained on the part of the Lessee to be kept and performed, Lessor does hereby demise and lease to the said Lessee the Premises, to have and to hold for the term of this Lease under the following terms and conditions:

1. TERM OF LEASE

The term of this Lease ("Term") shall commence on 12:00 A.M EST on ________________and end on 11:59 P.M. EST on ______________________.

2. RENT; SECURITY AND DAMAGE DEPOSIT

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©equinelawgroup.com Initials of Lessor __________ and Lessee _________ 561.753.5996

3.

(7.) Cost of any repairs to shared spaces beyond normal wear and tear;
(8.) Costs of reletting, if Lessee is in default;
(9.) Attorney fees and costs of court incurred in any proceeding against Lessee; (10.) Other items Lessee is responsible to pay under this Lease.

c. Repairs.

(i) Repairs due to the Lessee’s misuse or neglect are not limited to the amount of the Security Deposit. If deductions and/or damages exceed the security deposit, Lessee will pay to Lessor the excess within ten (10) days after Lessor makes written demand. If this Lease shall be terminated by the default of the Lessee, then the amount of said securities shall be and become the unconditional Premises of the Lessor, not as a penalty, but on account of damages, the parties agreeing that the damage will not be less than the amount of such Security Deposit.
(ii) Should the Security Deposit be partially or fully depleted as a result of charges against it for damages incurred during any Period of the Term, then the Lessee shall be responsible for restoring the Security Deposit to its full amount prior to resuming occupancy during the Term.

d. At the end of the Term, Lessor will conduct a final walkthrough of the Premises to determine the return condition of the Premises and its contents. At such time, if, in to sole discretion of the Lessor, the Premises is surrendered in the same good order and condition under which it was received by Lessee, subject to normal wear and tear, Lessor shall return the remaining balance of the Security Deposit less any portion thereof which may have been subject to repairs and/or deductions as set forth in Section 2 hereof.

OPTION TO RENEW; HOLDING OVER; USE

There is no option to renew; in the event the parties wish to relet the Premises, a new lease shall be drawn between them. In the event the Lessee holds over past the Term of this Lease, the Rent shall be $300.00 (three hundred dollars) per day, payable each day, and all other terms of this Lease shall continue to apply. Lessee must provide Lessor at least ten (10) days; notice of intent to hold over.
The hold over period shall not be construed to create a month-to-month tenancy, and Lessee hereby waives all rights to process and eviction once the initial Term of this Lease has expired, whether or not Lessee maintains occupancy as a hold over tenant.
Lessor may use or lease the Premises for any length of time excluding the Periods of Occupancy of the Term designated herein.

MAINTENANCE

a. Throughout the Term of this Lease, at the discretion of Lessor, Lessee shall immediately report and reimburse Lessor for the following expenses pertaining to the Premises:

- Barn garbage removal above & beyond curb service;

- Any damage to barn, fences or gates for chewing, kicking or other damage caused by horses, dogs or by Lessee;

- All damage beyond normal wear and tear, including, but not limited to, excessive damage to paddocks, landscaping, irrigation system, driveways & curbing.

4.

a.
b. c.
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©equinelawgroup.com Initials of Lessor __________ and Lessee _________ 561.753.5996

5. HEALTH, CARE AND MAINTENANCE OF HORSES

Lessee shall be solely responsible for the health, care and maintenance of all horses stabled on the Premises, and it is expressly understood by Lessor and Lessee that the horses will not be cared for or handled by Lessor. Upon Lessor’s demand, Lessee shall provide Lessor with proof of health certificates, Coggins Test, and West Nile Virus inoculation for all horses stabled on the Premises.

NON-ASSIGNABILITY; SCOPE OF USE OF PREMISES; SUBLEASING

Lessee shall not assign this Lease nor use Premises for any purpose other than as a private equestrian facility. The only domestic animals permitted to be kept upon the Premises are horses. Lessee shall assume full responsibility for all animals on property.
The number of horses permitted will be determined by the number of stalls rented. Additional fees will be charged for an increased number of horses. There is no pasture board permitted. Lessee shall be responsible for any damage to grass in paddocks or around barn, beyond normal wear and tear.
Lessee shall comply with all state, county, municipal laws and ordinances, and all covenants and restrictions affecting the Premises and all rules and regulations of homeowners’ associations affecting the Premises and shall not store to use, keep, or store on the Premises any dangerous, explosive, or toxic material which would increase the probability of fire or which would increase the cost of insuring the Premises.

2. MAINTENANCE, ALTERATIONS AND ADDITIONS TO PREMISES

Lessee shall keep and maintain the leased Premises in a state of good repair and clean condition throughout the Term of this Lease and any renewal thereof, at Lessee’s sole expense, in particular if due to Lessee‘s misuse, waste, or neglect, or that of any employee, family, agent, or visitor. Lessor is not responsible to Lessee for conditions created or caused by the negligent or wrongful act or omission of the Lessee, a member of the Lessee’s family, or other person on the Premises with Lessee’s consent.
Lessee shall not make any alterations or additions, including signage, to the Premises without Lessor's prior written consent, which consent shall be in Lessor's sole discretion. All permitted additions, fixtures or improvements which may be made by Lessee with the prior written consent of Lessor shall become the Premises of the Lessor, remain upon the Premises as a part thereof and be surrendered with the Premises at the termination of this Lease.
Lessee shall not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; not obstruct or cover the windows or doors; not leave windows or doors in an open position during any inclement weather; not hang any laundry, clothing, sheets, etc., from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Lessor; keep all air conditioning filters clean and free from dirt; keep all sinks, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed; not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited

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©equinelawgroup.com Initials of Lessor __________ and Lessee _________ 561.753.5996
d. Lessee may sublease stalls however no horse owned by sub-lessee may be present on Premises before arrival of Lessee at the beginning of the Lease Term or after departure of Lessee at the end of the Lease Term.
therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Lessee. Lessee's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; deposit all manure, trash, garbage, rubbish or refuse in the proper locations provided and shall not allow such to stand on the exterior of any building or within the common elements.

6. RELEASES

The Lessee and all persons (invitees, clients, or otherwise) boarding, riding, training, or working with any horse on the leased premises shall be required to sign a Release in a form approved by Lessor, specifically releasing and indemnifying Lessor in a form approved by the Lessor. It shall be the obligation of Lessee, upon Lessor=s demand, to provide copies of the Releases to Lessor prior to person being allowed to take part in the activities referred to above. Failure to so provide Lessor with copies of Releases shall constitute a default under the terms of this Lease.

7. LESSOR INSULATED FROM LIABILITY ARISING FROM DAMAGE TO LESSEE'S PROPERTY

All personal property placed or moved in or on the Premises shall be at the risk of the Lessee or the owner thereof, and Lessor shall not be liable for any damage, including consequential damage, to said personal Premises arising from any cause whatsoever including, but not limited to, the bursting or leaking of water pipes, wind, rain, act of God, or other casualties or caused by any defect, latent or otherwise in any structure, equipment, pipes, wires or otherwise, or from the act of negligence of any person whatsoever.

8. LESSEE'S DUTY TO MAINTAIN PREMISES INSURANCE

Lessee shall secure and maintain in full force and effect throughout the term of this Lease insurance policies to keep their personal property including all horses and equipment, sufficiently insured in such sum as Lessee may deem appropriate, and Lessee shall look only to his own insurance in the event of damage, injury, destruction, illness or death of any animal or other Premises. If Lessee fails to do so, Lessee shall not look to Lessor for any recovery arising out of such loss.

9. LESSEE'S DUTY TO MAINTAIN LIABILITY INSURANCE

Lessee shall maintain through the term of this Lease for the mutual benefit of the Lessor and the Lessee, comprehensive general public liability insurance against claims for bodily injury, death, or Premises damage in minimum amounts of $1,000,000.00 for injury or death to any one or more persons on any occurrence or incident and $1,000,000.00 for Premises damage on any one occurrence or incident, and the policy or policies shall be held by and payable to protect the Lessor and Lessee. All such policies required by this Lease shall: (a) specifically name (1) Lessee as named insured; and (2) Raven Ridge Farm, Inc., Kimberly Barone, Andrew J. Barone and the Kimberly and Andrew J. Barone Revocable Trust as additional, named insureds; b) be delivered to Lessor prior to Lessee’s occupancy; c) be underwritten by an insurance company or companies licensed in Florida and satisfactory to Lessor; and d) provide for notice to Lessor by certified or registered mail, return receipt requested, not less than thirty days prior to the effective date of any proposed cancellation or modification.

10. RELEASE OF LIABILITY TOWARDS LESSOR; AGREEMENT OF LESSEE TO INDEMNIFY AND HOLD LESSOR HARMLESS

A. Lessee, for itself and on behalf of its legal representatives, waives, releases and forever discharges Lessor and its affiliates, its officers, directors, employees and agents, committees and representatives and their successors and assigns of and from every and all claims, actions, and causes of action for any personal injury which may be suffered or

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©equinelawgroup.com Initials of Lessor __________ and Lessee _________ 561.753.5996

sustained by any person invited or permitted upon the Premises by Lessee, and agrees to indemnify and hold harmless Lessor from any such claims or causes of action by whomever or wherever made, including costs and expenses of legal defense in the event a claim is asserted.

B. Lessee shall execute and have every employee, agent, guest, client and spectator Lessee invites upon the Premises a Liability Waiver in the form attached hereto.

11. HOLD HARMLESS

Lessor shall not be liable for any damage or injury to any person, animal or Premises, whether it be the person or Premises of Lessee, or Lessee’s employees, agents, guests, clients, invitees, or otherwise, by reason of Lessee=s occupancy or use of the Premises or because of fire, flood, windstorm, acts of God, theft, or vandalism. Lessee shall indemnify and hold Lessor harmless from and against any and all claims, actions, damages, liability and expense by reason of damage to person or Premises which may arise or be claimed to have arisen as a result of the occupancy or use of the Premises by Lessee, Lessee’s employees, agents guests or invitees, or in any way arising on account of any injury or damage caused to any person or Premises on the Premises, as a result of the negligent acts or acts of omissions of Lessee, its guests, invitees, agents or employees. In case Lessor shall be made a party to any litigation commenced by or against Lessee (excluding litigation by Lessee against Lessor), the Lessee shall protect and hold Lessor harmless and shall reimburse Lessor for all costs, expenses and reasonable attorneys fees incurred or paid by Lessor in connection with such litigation and at all appellate levels. If any action is brought at law, in equity or arbitration, including an action for declaratory relief, to enforce or interpret the provisions of the Lease, the prevailing party shall be entitled to reasonable attorneys fees, whether in arbitration, pretrial, trial or appellate levels, which may be set by the court or the arbitrator in the same action or in a separate action brought for that purpose, including costs and fees for investigation and collection of any amount awarded in such action, in addition to any other relief to which the party may be entitled. Lessee covenants during the term of this Lease to defend, save harmless and indemnify Lessee from any liability for injury, loss, accident or damage to any person or Premises and from any claims, actions, proceedings and expenses and costs in connection therewith (including, without implied limitation, reasonable attorneys fees) arising from the gross negligence or intentional misconduct of Lessee. The provisions of this paragraph shall survive the termination of this Lease.

12. RIGHT OF LESSOR TO MAINTAIN INSURANCE COVERAGE

Lessor shall have the right, but not the obligation, to maintain solely for its own benefit and protection such insurance as Lessor so desires. In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty whereby the same shall be rendered untenantable, all insurance proceeds shall be paid to Lessor. Lessor shall have no obligation to rebuild or repair the damage or render the Premises tenantable, but there shall be a prorated abatement or refund of the rental paid hereunder within 15 (fifteen) days after Lessors receipt of insurance proceeds. If the Premises are only partially damaged, all insurance proceeds shall still be payable to Lessor and Lessor may, but shall not be obligated to, repair such damage; however, if the Premises are significantly damaged, but not so as to be untenantable, Lessee may elect to terminate the lease and receive a prorated refund of the rental rather than wait for the Premises to be repaired.

13. DUTY TO INSPECT AND REPAIR.

Lessee acknowledges that it has inspected, or will, prior to occupancy, inspect the Premises and agrees to accept said Premises in existing "AS IS" condition and Lessee agrees further that Lessee has had adequate opportunity to confirm for Lessee that the Premises are fit for the purposes for which Lessee intends to use the Premises according to the terms of this Lease. Lessor shall, during the Term of this Lease, maintain said Premises and improvements in the same condition, order, and repair as they are at the commencement of said Term, excepting only reasonable wear and tear arising from the use thereof under this Lease. Lessee shall make good and pay to Lessor immediately upon demand, any damage to paddock fences, or to the building, caused by any act, omission or neglect of Lessee or of its
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©equinelawgroup.com Initials of Lessor __________ and Lessee _________ 561.753.5996
employees, agents, and invitees.

14. RIGHT OF ENTRY

Lessor and its agents shall have the right to enter upon the Premises at all reasonable times to examine the condition and use thereof.

15. PROCEEDS OF TAKING UNDER EMINENT DOMAIN

It is understood and agreed that if, at any time during the Term of this Lease, the Premises or any portion thereof shall be taken, appropriated or condemned by reason of eminent domain, there shall be no division of the proceeds and awards in such condemnation proceedings, and all such awards or payments shall be the sole and exclusive Premises of the Lessor.

16. PROSCRIPTION FROM RECORDING OF LEASE

Lessee shall not record among the Public Records of Palm Beach County, Florida, or in any other jurisdiction this Lease, any memorandum hereof or any reference hereto.

17. FORMALITIES ASSOCIATED WITH MODIFICATIONS OF LEASE

No modification, release, discharge, waiver or amendment of any provisions of this Lease shall be of any force or effect unless in writing signed by Lessor and Lessee with the same formalities as this Lease is executed.

18. NOTICE

Should either party desire to give notice to the other, such notice shall be given in writing and addressed to the party to whom directed at the address set forth on the first page of this Lease and deposited in the United States Mail with sufficient postage prepaid.

19. RETURN OF SECURITY & DAMAGE DEPOSIT

According to Florida Statutes §83.49, Lessee is advised as follows:
Upon vacating the premises at the termination of the Lease, the Lessor shall have 15 days to return the security deposit or in which to give the Lessee written notice, by certified mail to the Lessee’s last known mailing address, of his intention to impose a claim on the deposit and the reason for imposing the claim.
If the Lessor fails to give the required notice within the 15-day period, it forfeits its right to impose any further claims upon the security deposit. Unless the Lessee objects to the imposition of the Lessor’s claim or amount thereof within 15 days of receipt, the Lessor may then deduct the amount of its claim and shall remit the balance of the deposit to the Lessee within 30 days after the date of the notice to impose a claim for damages or further reimbursement of manure removal expenses. Other than the security deposit, and subject to the charges against same, payments under this Lease are non-refundable

20. QUIET ENJOYMENT

Provided Lessee is not in default hereunder and fully performs all of the covenants and conditions herein, Lessor shall not disturb Lessee's quiet and peaceful possession of the Leased Premises for the Term of this Lease, subject, however, to the terms of this Lease and any mortgages that may hereafter encumber the Premises.
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21. DUTY TO QUIT PREMISES; WAIVER OF RIGHT TO FURTHER PROCEEDINGS

Upon default of any of the Lessees obligations under this Lease, as determined solely by the Lessor or upon termination of the Lease term, Lessee shall quit and peacefully immediately surrender the ENTIRE Premises to the Lessor, and the Lessor any time after the termination of the Lease, without further notice, may reenter and repossess the Premises either by summary proceeding or force without liability to Lessee. Further, in the event of such default or termination, should Lessee fail to peacefully immediately quit and surrender the ENTIRE Premises to Lessor, then Lessor may remove the possessions and personal property of Lessee and oust Lessee from the Premises without further notice and without the necessity for further legal proceedings to do so.

22. NON-WAIVER OF LESSOR'S ABILITY TO TAKE ACTION ARISING OUT OF LESSEE'S VIOLATION OF LEASE TERMS

The failure of Lessor to take action against Lessee for a violation of any of the terms of this Lease shall not be a waiver of the act or subsequent act of the Lessee of a similar nature from being a violation of the Lease.

1 . TIME OF THE ESSENCE

Time shall be of the essence with respect to this Lease.

2 . WAIVER OF RIGHT TO TRIAL BY JURY Lessor and Lessee hereby waive trial by jury in any action, proceeding or counterclaim brought by one party against the other pertaining to any matters whatsoever arising out of or in any way connected with the Lease or Lessee's use and occupancy of the Premises.

23. RADON NOTICE

Pursuant to § 404.056 Florida Statutes, the following Notice is given:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and may be obtained from your county public health unit.

24. RECOVERY OF COSTS AND ATTORNEY'S FEES

In the event of default hereunder by either Lessee or Lessor, or in the event of any dispute between the parties hereto, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees incurred as a result thereof including, but not limited to, attorney's fees and costs, regardless whether any court action is commenced.

25. APPLICABLE LAW; JURISDICTION

This Lease shall be governed by and construed under the laws of the State of Florida and venue for any proceeding hereunder shall be exclusively in the state courts of Palm Beach County, Florida. The parties hereto expressly consent to the personal jurisdiction of the State of Florida and further waive any objection or defense thereto on the grounds of inconvenience or lack of any type of jurisdiction.

26. PREMISES ALTERATION

Lessee shall not modify the Premises without the prior express, written consent of the Lessor.
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27. INTENT OF AGREEMENT

The intent of this agreement is to provide and maintain a private equestrian facility. Therefore it is understood that the parties are entering this Lease based on an expectation of adherence to conduct and standards which are normally observed in quality equestrian operations and comply with all statutes, ordinances, rules, orders, regulations, and requirements of federal, state, city, and village governments.

28. OTHER OBLIGATIONS OF LESSEE

Lessee and all guests, clients or invitees of Lessee agree to abide by the following Barn Rules:

NO SMOKING within 50 feet of any building containing horses, hay or manure. Cigarette butts must be disposed of properly and not thrown on the ground.
CHILDREN UNDER 16 MUST BE SUPERVISED BY AN ADULT AT ALL TIMES.
RIDING IS PERMITTED IN DESIGNATED AREAS ONLY. Riding, lunging and training must be performed in arena’s or designated areas; open areas are for hacking at walk or hand- walking and hand-grazing. Riding in the stable area or paddocks is prohibited.
Lunging is ONLY allowed in the round pen. NO EXCEPTIONS.
Trainers and instructors must be approved and insured. Outside trainers are prohibited without prior permission in writing.
Boots with heels are required when riding, and hard-soled, closed-toe leather shoes, or boots are recommended when working around horses at any time.
An ASTM/SEI approved hard hat, with the harness buckled securely, must be worn when mounted.
Proper tack, lunging equipment, and halters with leads are required for the appropriate activity. Raven Ridge reserves the right to require individuals to cease an equestrian activity if it is being performed with improper or unsafe equipment.
Do not handle or enter the stall of another person’s horse unless the owner has asked you to do so or if it is an emergency that you are competent to address.
Do not borrow equipment unless you have permission from its owner.
Put all equipment where you found it after use and ensure that the equipment is neat and clean.
Do not drive or park on the grass.
Please drive under 10 MPH when entering and exiting the farm.
Clients of Lessee should only jump when supervised by Lessee, unless otherwise agreed with Lessor.
Please respect our privacy. Please do not call between the hours of 9:00pm and 8:00am unless there is a true emergency. IN WITNESS WHEREOF, Lessor and Lessee have hereunto set their hands and seals the day and year first

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LESSEE: _______________________________ ________________________________ Print Name Dated:___________________________ Witness #1_______________________ Printed Name _____________________ Witness #2_______________________ Printed Name _____________________

LESSOR Raven Ridge Farm, Inc. _______________________________ BY: Kimberly Barone,

AUTHORIZED MEMBER Dated: ________________________________ Witness #1_______________________ Printed Name _____________________ Witness #2_______________________ Printed Name _____________________

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