North Central Regional Extension Publication No. 149 Pasture Rental Arrangements for Your Farm Larry N. Langemeier Pasture Rental Arrangements for Your Farm Larry N. Langemeier * Contents Part I: Animal Units and Stocking Rates ........................................................................................... 3 Part II: Establishing Rates: Per Acre or Per Head ............................................................................ 3 Landlord’s Cost Basis ............................................................................................................................. 3 Livestock Owner’s Returns Basis ........................................................................................................... 4 Actual Lease Rate. .................................................................................................................................. 5 Part III: Establishing Rates ................................................................................................................. 5 Share of Gain .......................................................................................................................................... 5 Variable Rates ......................................................................................................................................... 6 Alternative Feed ..................................................................................................................................... 7 Part IV: Leasing Tame-grass Pasture ................................................................................................. 7 Rate Based on Cash-rented Cropland ..................................................................................................... 7 Other Methods for Establishing Tame-grass Lease Rates ...................................................................... 8 Part V: Establishing Rates: Other Factors ......................................................................................... 8 Market Rates ........................................................................................................................................... 8 Valuing Location, Water, and Landlord’s Services ................................................................................. 8 Part VI: Drafting the Lease ................................................................................................................. 9 Using the Lease ...................................................................................................................................... 9 Worksheets .......................................................................................................................................... 10 Pasture Lease ...................................................................................................................................... 18 * Professor, Department of Agricultural Economics, Kansas State University. The author would like to thank Roger A. McEowen, agricultural economist, agricultural law, Kansas State University, and Richard T. Clark, agricultural economist, University of Nebraska, for making review comments on an earlier version of this manuscript. Revised February 1997. The original NCR Extension Publication 149 was written in 1981 by Don D. Pretzer, former assistant director, Extension Agriculture and Natural Resources, Kansas State University, with assistance from a former ad hoc committee comprised of members Myron Bennett, University of Missouri, and Ken H. Thomas, University of Minnesota. Revised in 1989 by Larry N. Langemeier, professor and Extension agricultural economist, farm management studies, Kansas State University. 1 The purpose of this publication is to help tenants and landlords make sound decisions and develop fair pasture rental arrangements. Part I provides background information on animal units and stocking rates. Parts II and III discuss establishing lease rates on a per-head or per-acre basis, and Part IV addresses leasing tame-grass pasture. Part V discusses other factors influencing lease rates. Part VI discusses the importance of developing a written agreement. A sample lease form is included at the end of this publication. Although beef cattle examples are used in this publication, the principles and worksheets outlined apply equally to grazing dairy cattle, sheep, goats, horses, and other roughage-consuming livestock. The values used in the various worksheets represent illustrations of the principles. Tailoring the discussion of the principles developed in this bulletin to a specific situation is advised. ing. Thus, it is in the interest of both parties to develop a lease agreement that achieves maximum economic returns to resources while maintaining the grass stand and quality. Part II Establishing Rates: Per Acre or Per Head The landlord’s cost and livestock owner’s return are two commonly used methods to determine a fair pasture rent on either a per-head or per-acre basis. Landlord’s Cost Basis For this method, the major task is to establish fair values for the resources and annual-use charges to determine the landlord’s cost. The valuation process is outlined in the following discussion. Land: Land is valued at its current fair-market value for agricultural purposes. The influence of location near cities and other nonagricultural influences on value is ignored. Interest on land: A percentage of the land value indicates the landlord’s return to the current value and also reflects the pasture productivity. A practical “bargaining” rate of interest tends to be approximately 5 to 7 percent for three primary reasons: 1. The current value of real estate is used rather than the purchase price for the basis of returns. 2. Upon sale of the pasture, the net dollars available to the seller would be lower than the fair-market value due to income taxes and sale expenses. 3. Historic returns to land have been in the 4 to 6 percent range as an annual return above all charges, except land. Returns to owning pasture may include capital gains as well as the annual income from renting the pasture. Real estate taxes: The actual taxes due annually should be used. Land development: The average dollars spent annually for land improvements, including conservation practices, should be used. Building or facility investment: A fair-market value should be placed on the fences, buildings, ponds, wells, and handling facilities. Ownership costs on this investment include depreciation, interest, repairs, taxes, and insurance (the “DIRTI five”). 1. Depreciation: Depreciation life for buildings and facilities usually ranges from 15 to 30 years. Fences are seven-year property. Ponds may not be depreciable, and therefore they add value to the basis of land. 2. Interest: Current interest cost on the average investment value (usually one-half the total value) should be used. Utilization of one-half the total investment value assumes a zero salvage value. Part I Animal Units and Stocking Rates Other than the lease rate, perhaps the most important aspect of any pasture lease is the stocking rate. Clearly, specifying the stocking rate in the lease agreement helps avoid disagreements between both parties and maintains the quality of the grass stand. Stocking rates can be stated in number of head for a given type and weight of livestock or as “animal units.” Unquestionably, the stocking rate agreed upon by both parties will have a significant effect on the lease. Animal unit (au): An animal unit (au), in general, is defined as a 1,000-pound beef cow with a calf less than four months postpartum. This common unit of measurement estimates both the amount of forage demanded by livestock and the amount of forage available in the pasture. An animal-unit month (aum) is the amount of forage required by an animal unit for one month. An aum generally is based on a 1,000-pound beef cow consuming 25 pounds of forage for 30 days or 750 pounds (air dry or 12 percent moisture). In addition, an aum has a built-in degree of use at 50 percent and a loss of 25 percent of the forage due to insects, trampling, and other losses. For example, a pasture site that produces 2,500 pounds per acre of forage would equal 0.83 aum/acre [(2,500 x .25)/750]. Stocking rate: The stocking rate of the pasture being considered is extremely important. Setting pasture rent on a per-acre basis gives an incentive to the livestock owner to stock heavily. The landlord, in turn, may desire light stocking rates so as to preserve the pasture. Likewise, pasture leased under a share of gain basis could lead to overgraz3 3. Repairs, taxes, and insurance: Facility repairs usually vary from 1 to 3 percent of the investment value, with the charge for both taxes and insurance about 0.25 to 1 percent. Other costs: The average spent annually for fertilizer, especially if some minimum level is required for maintaining the grass, as well as any other costs should be used. Management: Management is an important contribution to a successful leasing agreement. The function of management may or may not be shared. If the landlord contributes management, then credit needs to be given. If the tenant bears all management responsibility, a value should be placed on this management function. The value of management is subject to negotiation between the landlord and tenant. Two alternatives are possible. 1. A possible guide is 1 to 2.5 percent of the average capital managed. The average capital managed is equal to the market value of items such as land, buildings and facilities, and livestock. 2. Professional farm managers commonly charge 5 to 10 percent of adjusted gross receipts. (In the case of pasture, gross receipts may be equal to the total or per-acre livestock income.) Worksheet 1 illustrates ownership costs for 160 acres of pasture. As outlined by the example, the per-acre ownership cost of $21.54 establishes an asking lease price for one acre of pasture land. Rent per head is determined by the carrying capacity of the pasture for the type and size of animal being considered times $21.54. For example, a 550pound beef animal may require 4 acres, which would result in $86.16 per head per season (4 acres x $21.54 per acre). Livestock Owner’s Returns Basis A budget format that can be used to determine the livestock owner’s returns is outlined in Worksheet 2. Farm management budgets can be obtained from local and state Extension Service offices if livestock costs and returns are unknown. As outlined in the example for a 550-pound beef Worksheet 1. Landlord Pasture Ownership Costs — Total Per Acre and Per Head A. Land investment: 160 No. of acres _________ 315 Price per acre $ _________ Land value (No. of acres x Price per acre) Interest Land taxes Land maintenance $ $ $ $ 50,400 ________ 50,400 ________ 50,400 ________ ________ x x x 0.5 ______ % 0.5 ______ % ______ % 2,520 $ ________ 252 $ ________ $ ________ B. Other investments: Fences ___________ Corrals ___________ Other ___________ Total Depreciation Interest * Repairs Taxes Insurance $ $ $ $ $ 6,000 ________ 6,000 ________ 6,000 ________ ________ ________ ÷ x x x x 25 yrs ______ 5 ______ % 2 ______ % ______ % ______ % $ $ $ $ $ 5,280 $ _________ 480 $ _________ 240 $ _________ 6,000 $ _________ C. Other costs: Fertilizer Other 240 ________ 300 ________ 120 ________ ________ 15 ________ $ ________ ________ D. Labor and management: Labor Management E. TOTAL PASTURE OWNERSHIP COSTS $ ________ ________ 3,447 $ ________ 160 F. Number of pasture acres: ________ G. Pasture ownership costs per acre [total ownership costs (line E) ÷ no. of acres (line F)]: 21.54 $ ________ 4 H. Stocking rate: ________ acres per head I. Ownership costs per acre [costs per acre (line G) x no. of acres per head (line H)]: 86.16 $ ________ * A percentage rate of 5 percent on $6,000 is equal to 10 percent of the average investment of $3,000. 4 Part III animal, the livestock owner can afford to pay $78.74 per head or a per-acre rent of $19.69 if 4 acres are needed per head. Establishing Rates: Share of Gain or Variable Rates Actual Lease Rate Share of Gain A final lease rate value acceptable to both the tenant and landlord can be derived from more than one of the methods outlined in this publication. The landlord and tenant should identify areas of agreement and differences based on the values each party has independently developed. Negotiation provides a means of arriving at a rate that is acceptable to both, and it is an opportunity for both parties to understand the other’s point of view. However, negotiations should be undertaken only after the contributions of each party are known. Given the examples outlined, the landlord would like to receive $21.54 per acre based on the cost basis method. In turn, the tenant would like to only pay $19.69 per acre utilizing the owner’s return basis. In general, the equitable pasture lease rate is usually somewhere between the landlord’s and livestock owner’s figures. Thus, the actual lease rate will be a negotiated value. The landlord and livestock owner are sometimes interested in developing a share arrangement where risk is equitably divided between them. Under this type of arrangement, each party’s contributions are used as the basis for dividing income. As outlined in Worksheet 1, contributions of the landlord include interest, maintenance costs, and taxes on the land, as well as taxes, depreciation, interest, repairs, and insurance on the investment in fences, buildings, ponds, and handling facilities. Other contributions may include fertilizer and other inputs. Contributions of the livestock owner include interest on the livestock investment, operating expenses, and management as outlined in Worksheet 2. The income to be divided is the value of the livestock gain the pasture produced. The value of the gain does require a determination of the price and weight of animals being pastured at both the start and end of the pasture season. Worksheet 3 illustrates one approach to computing each party’s share of the Worksheet 2. Livestock Owner Net Returns — Per Head and Per Acre * A. Animal investment: Animal purchase cost 550 ___________ lbs 90.00 $ ___________ per cwt x B. Livestock costs (as percentage of animal investment): 10 % x 495 Interest $ ______ x ______ 4 495 Taxes, vet, ins., misc. $ ______ x ______ % 1 495 Marketing, hauling $ ______ x ______ % 2 495 Death loss $ ______ x ______ % Total C. Breeding livestock costs: Depreciation Bull charge Total D. Labor and management: Labor Management Total $ ______ ÷ 50 ______ % of yr ______ yrs 59.40 $ ________ $ ________ 0.7 hrs _____ x 9.00 per hr ______ 6.30 $ ________ 6.45 ________ 12.75 $ ________ 567.15 $ ________ 815 ___________ lbs 79.25 $ ___________ per cwt x G. Livestock owner net returns to pasture per head (line F - line E): H. Stocking rate: 24.75 $ ________ 19.80 ________ 4.95 ________ 9.90 ________ $ ________ ________ E. TOTAL ANIMAL COSTS PER HEAD: F. Income: Animal sold value 495.00 $ ________ 645.89 $ ________ 78.74 $ ________ 4 ___________ acres per head I. Livestock owner net returns per acre (line G ÷ line H): 19.69 $ ________ * For more information, see Farm Management Livestock Cost-Return Budgets available at local and state Extension Service offices. 5 gain or loss. The net return on animal needs to be compared with the total costs for each party. The actual lease rate will need to be negotiated. The lease rate determined by the methods shown in worksheets 1 and 2 may be more satisfactory to each party. ity of additional profit (or loss), to the landlord. The risk due to weather could be effectively shifted by charging a fixed amount per pound of gain. To illustrate this type of lease arrangement, the pasture rent for a yearling steer could be set at $10.60 per month. The total lease charge would be $63.60 ($10.60/month x 6 months) for a 6month grazing season. During the days on pasture, a 265-pound gain per animal would be a reason- Variables Rates A lease arrangement also can be developed that would shift some of the risk, and thus the probabil- Worksheet 3. Landlord and Livestock Owner Share of Gain Per Animal Landlord A. Landlord — investment per head: Land price Stocking rate Investment per head 1 Fence investment per acre Corral investment per acre Other investment per acre Total investment per acre Facility investment per head 2 315 per acre $ ________ 4 acres per head ________ 1,260 $ ________ 33.00 ________ 3.00 ________ 1.50 ________ 37.50 $ ________ 150.00 $ ________ Landlord — costs per head (as percentage of investment per head): 1,260 5 Land interest $ ________ ✕ ______ 1,260 0.5 Land taxes $ ________ ✕ ______ 150 11.25 Facility expenses $ ________ ✕ ______ Other costs $ ________ ✕ ______ B. Livestock owner — investment per head: Animal purchase weight per head Animal purchase cost per cwt Investment per head 3 Livestock owner % % % % 63.00 $ ________ 6.30 ________ 16.88 ________ ________ 550 lbs ________ 90.00 $ ________ 495.00 $ ________ Livestock owner — costs per head (as percentage of investment per head): 495.00 5 Interest $ ________ ✕ ______ % 495.00 4 Taxes, vet, misc. $ ________ ✕ ______ % 495.00 1 Marketing, hauling $ ________ ✕ ______ % 495.00 1 Death loss $ ________ ✕ ______ % Labor ( 0.7 hours per head ✕ $ 9.00 per hour) Management charge 24.75 $ ________ 19.80 ________ 4.95 ________ 4.95 ________ 6.30 $ ________ 6.45 ________ Breeding livestock costs Depreciation Breeding charge $ ________ ________ 86.18 67.20 $ ________ $ ________ 153.38 $ ________ 56.2 % ______ 43.8 % ______ C. TOTAL COSTS PER HEAD % landlord % livestock owner D. Value of weight gain: Animal sold value ( 815 lbs ✕ $ Less animal purchase cost Net returns on animals 56.2 % to landlord _____ 43.8 % to livestock owner _____ 79.25 per cwt) 645.89 $ ________ 495.00 $ ________ 150.89 $ ________ 84.80 $ ________ 66.09 $ ________ D = depreciation = 5.00 %; I = interest = 5.00 %; R = repairs = T = taxes = 0 %; I = insurance = 0.25 % TOTAL = 11.25 % Land price per acre ✕ acres per head 2 Investment per acre ✕ acres per head 3 Pounds per head ✕ hundredweight 1 6 1.00 %; Pasture rent = Average weight in hundredweight during pasture season x Average price per ton of good grass hay during pasture season x Pasture quality factor x Pasture season in months able expectation. The cost of gain is $.24 per pound ($63.60 ÷ 265 lbs) under these circumstances. Instead of charging $10.60 per head per month, the landlord could set a lease rate of $.24 per pound of gain. If the total gain turned out to be excellent, say 315 pounds, the landlord would receive $75.60 for the season instead of $63.60. Yet, if the amount of grass was short and the gain per animal was only 175 pounds, the landlord would receive only $42. Pasture owners may be unwilling to assume this kind of risk unless, on the average, a higher rent is charged. The risk due to market price changes can be shifted to the landlord by utilizing a flexible rent formula. The following discussion outlines one such method. For example, the going (base) rental rate (per head per season) could be tied to the longterm average price for good-choice steer calves during the months of October and November at a terminal market. Each year, the rental rate would increase or decrease as the price of calves varied in relation to the long-run average price. The formula for such a method would be as follows: Adjusted rent Adjusted rent = Base rate x Current Oct.-Nov. price of steer calves Long-term average Oct.-Nov. price of steer calves = $80 = $64 x ($100 ÷ $80) Pasture Quality Factors: .22 = Lush, green, high protein pasture .20 = Excellent tallgrass pasture .15 = Fair to good native pasture .12 = Poor shortgrass or considerable weed growth Example 1: Assume 1,200-pound cow, $65 hay, excellent tallgrass pasture, 6-month season. Pasture rent = $93.60 = 1.2 x $65 x .20 x 6 Example 2: Assume 800-pound steer, $65 hay, excellent tallgrass pasture, 6-month season. Pasture rent = $62.40 = .80 x $65 x .20 x 6 Part IV Leasing Tame Grass Pasture Tame grass, as defined in this publication, refers to grass planted on land that has been previously tilled. The land quality can range from class 1 highly productive soil to very low, not suited for crops. Generally, management of tame grass includes the application of annual fertilizer and possibly mowing or spraying for weed control. Some tame grasses may be hayed rather than grazed. Three major problems arise between the landlord and livestock owner when leasing tame grasses: 1. Fertilizer: The livestock owner usually wants to apply relatively heavy rates of fertilizer when leasing tame grass so as to obtain the maximum production per acre. The landlord, in turn, will want to apply only enough fertilizer to maintain the stand of grass. 2. Stocking rates: The stocking rate of the pasture being considered is extremely important. Setting pasture rent on a per-acre basis gives an incentive to the livestock owner to stock heavily. The landlord, in turn, may desire light stocking rates so as to preserve the pasture. Likewise, pasture leased under a share-of-gain basis could lead to overgrazing. Thus, it is in the interest of both parties to develop a lease agreement that achieves maximum economic returns to resources while maintaining the grass stand and quality. 3. Grazing season: What months can be grazed? Will the grass be harmed by year-round use? This formula also can be adjusted for weather by allowing for variations in the amount of grass produced or in productivity. The formula would include a factor such as the current season’s estimated county yield of wild hay, or other comparable forage crop, divided by the long-term average yield of the same crop. The formula for considering both price and weather risk would be as follows: Adjusted rent = Example: Adjusted = rent Base rate Current Oct.-Nov. price of steer calves x Long-term average Oct.-Nov. price of steer calves Current year’s avg. hay yield x Long-term avg. hay yield $60 = $64 x $100 $80 x 0.9 ton 1.2 ton Alternative Feed The lease rental rate for pasture could be based on the alternative feed concept, such as utilizing hay instead of pasture. The formula for the alternative feed method would be as follows: Rate Based on Cash-rented Cropland By definition, tame grasses are planted on tilled soil, and therefore the land can be used for some crop other than forages. One approach would be to treat the land like cash-rented cropland. For a 7 Part V complete discussion of cash renting, see Publication NCR-75, Fixed and Flexible Cash Rental Arrangements for Your Farm. That publication indicates how to establish fair cash rental rates for land. After the cash rent is established for tame grass pasture, the problem areas can be handled and entered into the agreement as follows: 1. Fertilizer: Leave the amount and payment to the livestock owner. If some minimum level is required for maintaining the grass, this amount should be specified in the lease. 2. Stocking rate and grazing season: Leave the stocking rate to the livestock owner unless there are specific periods when grazing would be harmful to the grass. Specify these time periods in the lease. If the grass species is such that stocking rates should be maintained, specify this in the lease. Establishing Rates: Other Factors Market Rates While each of the previously discussed methods may be used to establish pasture rental rates, the market rate cannot be ignored. The market rate is the going price resulting from negotiations between landlords and livestock owners. Previous year’s rates are published by most state crop and livestock reporting services. Estimated livestock inventories, price, and weather conditions for the current year are needed to estimate and bargain the current year’s rates from previous year’s rental rates. Valuing Location, Water, and Landlord Services The value of water, location, and landlord services are subjective. However, these items have some value to the livestock owner. Location: The pasture location is important if the livestock owner is caring for the livestock. The total cost can be computed by estimating the number of trips per season then multiplying by the number of miles, then multiplying again by the cost per mile. The number of trips should consider checking the cattle for count, health, minerals, and water supply as well as hauling or driving the cattle to and from the pasture. Water: Good quality water in proper locations improves gain. If the water supplies go dry in midseason, provisions must be made for hauling water or removing the animals. The lease agreement should establish the party responsible for these costs. Landlord services: Landlord services vary from mere rent collection to taking complete care of the livestock during the pasture season. A common charge for these types of services is a percentage of the gross rent. In most cases, the value of such services is included in the rental rate. As a result, market rates should be carefully considered. Other factors: Pasture rental rates per acre should reflect productivity. Past stocking rates, weed growth, and moisture affect productivity (stocking rates or carrying capacity). Poor pastures rent for less per acre than highly productive pastures. Conflicts may arise because the livestock owner wants to stock with the maximum number of head per acre while the landlord desires a low stocking rate as the rent is a fixed rate per acre. Continuous, heavy stocking rates lower the quality of pasture by reducing the stand of grass and allowing weed growth. Pasture rented on a per-head basis establishes a rate that may not adequately recognize differences Other Methods for Establishing Tame Grass Lease Rates Forage substitution: Short-period grazing may be priced on the basis of drylot feeding costs. For example, a livestock owner wants beef feeders to gain 1.8 pounds per day. Tame grass pasture can be leased to provide feed for a 45-day period. The drylot feed cost for the feeders would be $0.35 per pound or $0.63 per day (1.5 pounds ✕ $0.35 per pound). The livestock owner could then afford to pay $28.35 per head for the tame pasture for 45 days ($0.63 per day ✕ 45 days). Lease rates for breeding livestock and other livestock species can be similarly computed. Value of gain: For example, a livestock owner can lease tame grass for beef feeders for 3 months. The beef feeders weigh 550 pounds and can be sold for $90 per hundredweight, or $495 per head. The beef feeders should gain 200 pounds for the 90 days on grass. Consequently, it is critical to determine how much the livestock owner can afford to pay for the pasture. If, for example, the livestock owner estimates the 750-pound feeders can be sold at the end of the grazing period for $82.50 per hundredweight, or $618.75 per head. The increased value for each feeder is $123.75. From the increased feeder value, the livestock owner must deduct interest on investment, death loss, and expenses such as marketing, labor, repairs, and management. If these costs are estimated to be $59.25, the livestock owner could pay $64.50 for the pasture for the 3-month period ($123.75 - $59.25 = $64.50). 8 in stocking rates. Compared to per-acre rates, the livestock owner desires low stocking rates (higher gain per head) and the landlord desires higher stocking rates to increase income. Size of animals is not always enumerated in the lease and may lead to disagreements. The stocking rate and cattle weight may be the most important points for both parties to agree upon and enumerate in the lease. Whole-tract rentals are often part of a farm containing cropland. The rental rate for whole tracts is established by (1) the rate per head times the number of head allowed per tract or (2) the peracre rate times the number of acres in pasture. Using the Lease Names: Include names of spouses as the land, as well as the livestock, may be titled in joint tenancy. Property description: Include both legal and common descriptions. General terms: The years may be changed to months or days for short-term leases. The other terms are fairly standard but may be deleted by crossing out if not applicable. (Be sure both parties initial any lease changes.) Stocking rate: This section is perhaps the most important section of the lease form if disagreements are to be avoided between the parties and the grass stand and quality is to be maintained. Operation and maintenance: The lease form specifies which party performs the most common operation and maintenance practices. Additional provisions should specify what happens in the event of water or grass failure. Will the landlord provide feed and water? Will the livestock owner remove the cattle? What adjustments in rent are needed if these events should occur? Each situation is different; however, one of the purposes of a written lease is to consider these possible situations and include them in the lease. Payment schedule: The lease form provides space for three different methods of payment. Complete the section for the method to be used. Three ways to quote pasture rent predominate and follow methods I or II of the lease form. 1. Per-acre 2. Per-head per month or season 3. Whole tract Less often used methods: 1. Share of gain 2. Variable rates The details of these calculations can be shown in Method III of the lease form. Part VI Drafting Your Lease A copy of the pasture lease form (NCR-109) is included in this publication. Some of the advantages of a written lease agreement are: 1. Encourages a detailed statement of the agreement, which assures a better understanding by both parties. 2. Serves as a reminder of the terms originally agreed upon. 3. Provides a valuable guide for the heirs if either the tenant or landlord dies. The agreement should be carefully reviewed annually to ensure the terms are still applicable and desirable. The sample lease provides for most concerns of both the tenant and landlord. The parties can cross out or omit unwanted provisions. (Both parties must initial these lease changes.) Before provisions are eliminated, the landlord and tenant should remember that one of the functions of a written lease is to anticipate possible developments and to state how to handle such problems if they actually do develop. 9 Worksheet 1. Landlord Pasture Ownership Costs — Total Per Acre and Per Head A. Land investment: No. of acres _________ Price per acre $ _________ Land value (No. of acres x Price per acre) Interest Land taxes Land maintenance $ $ $ $ ________ ________ ________ ________ x x x ______ % ______ % ______ % $ ________ $ ________ $ ________ B. Other investments: ___________ ___________ ___________ Total Depreciation Interest * Repairs Taxes Insurance $ $ $ $ $ ________ ________ ________ ________ ________ ÷ x x x x ______ yrs ______ % ______ % ______ % ______ % $ $ $ $ $ $ _________ $ _________ $ _________ $ _________ ________ ________ ________ ________ ________ C. Other costs: Fertilizer Other $ ________ ________ D. Labor and management: Labor Management $ ________ ________ E. TOTAL PASTURE OWNERSHIP COSTS $ ________ F. Number of pasture acres: ________ G. Pasture ownership costs per acre [total ownership costs (line E) ÷ no. of acres (line F)]: $ ________ H. Stocking rate: ________ acres per head I. Ownership costs per acre [costs per acre (line G) x no. of acres per head (line H)]: $ ________ * Interest charge should be computed on average investment in facilities. 10 Worksheet 2. Livestock Owner Net Returns — Per Head and Per Acre * A. Animal investment: Animal purchase cost ___________ lbs x $ ___________ per cwt B. Livestock costs (as percentage of animal investment): Interest $ ______ x ______ % x Taxes, vet, ins., misc. $ ______ x ______ % Marketing, hauling $ ______ x ______ % Death loss $ ______ x ______ % Total C. Breeding livestock costs: Depreciation Bull charge Total D. Labor and management: Labor Management Total $ ______ ÷ ______ % of yr ______ ______ ______ ______ yrs $ ________ $ ________ _____ hrs x ______ per hr $ ________ ________ $ ________ ___________ lbs $ ________ x $ ___________ per cwt G. Livestock owner net returns to pasture per head (line F - line E): H. Stocking rate: $ ________ ________ ________ ________ $ ________ ________ E. TOTAL ANIMAL COSTS PER HEAD: F. Income: Animal sold value $ ________ $ ________ $ ________ ___________ acres per head I. Livestock owner net returns per acre (line G ÷ line H): $ ________ * For more information, see Farm Management Livestock Cost-Return Budgets available at local and state Extension Service offices. 11 Worksheet 3. Landlord and Livestock Owner Share of Gain Per Animal Landlord A. Landlord — investment per head: Land price Stocking rate Investment per head 1 Fence investment per acre Corral investment per acre Other investment per acre Total investment per acre Facility investment per head 2 $ ________ per acre ________ acres per head $ ________ ________ ________ ________ $ ________ $ ________ Landlord — costs per head (as percentage of investment per head): Land interest $ ________ ✕ ______ Land taxes $ ________ ✕ ______ Facility expenses $ ________ ✕ ______ Other costs $ ________ ✕ ______ B. Livestock owner — investment per head: Animal purchase weight per head Animal purchase cost per cwt Investment per head 3 Livestock owner % % % % $ ________ ________ ________ ________ ________ lbs $ ________ $ ________ Livestock owner — costs per head (as percentage of investment per head): Interest $ ________ ✕ ______ % Taxes, vet, misc. $ ________ ✕ ______ % Marketing, hauling $ ________ ✕ ______ % Death loss $ ________ ✕ ______ % Labor ( ________ hours per head 5 $ ________ per hour) Management charge $ ________ ________ ________ ________ $ ________ ________ Breeding livestock costs Depreciation Breeding charge $ ________ ________ C. TOTAL COSTS PER HEAD $ ________ $ ________ $ ________ ______ % ______ % % landlord % livestock owner D. Value of weight gain: Animal sold value ( ________ lbs ✕ $ ________ per cwt) Less animal purchase cost Net returns on animals _____ % to landlord _____ % to livestock owner $ ________ $ ________ $ ________ $ ________ D = depreciation = ________ %; I = interest = ________ %; R = repairs = ________ %; T = taxes = ________ %; I = insurance = ________ % TOTAL = ________ % Land price per acre ✕ acres per head Investment per acre ✕ acres per head 3 Pounds per head ✕ hundredweight 1 2 12 $ ________ Pature Lease North Central Regional Publication No. 109 (Revised 1996) This form can provide the landlord and tenant with a guide for developing an agreement to fit their individual situation. This form is not intended to take the place of legal advice pertaining to contractual relationships between the two parties. Because of the possibility that an operating agreement may be legally considered a partnership under certain conditions, seeking proper legal advice is recommended when developing such an agreement. This lease entered into this ___________ day of _______________________ , 19 __________ , between ________________________________ , landlord, of ______________________________________________ (pasture owner) ______________________________________________ (address) ________________________________ , spouse, of ______________________________________________ ______________________________________________ (address) hereafter known as “the landlord,” and _________________________________ , tenant, of ______________________________________________ (livestock owner) ______________________________________________ (address) ________________________________ , spouse, of ______________________________________________ ______________________________________________ (address) hereafter known as “the tenant.” I. PROPERTY DESCRIPTION The landlord hereby leases to the tenant, to occupy and use for pasture purposes, the following described property: __________________________________ _________________________________________ _________________________________________ _________________________________________ consisting of approximately __________ acres situated in __________________________ County (Counties), ________________ (State) and on any other land that the landlord may designate by mutual written agreement. C. Amendments. Amendments and alterations to this lease shall be in writing and shall be signed by both the landlord and tenant. D. No partnership created. This lease shall not be deemed to give rise to a partnership relation, and neither party shall have authority to obligate the other without written consent, except as specifically provided in this lease. E. Binding on heirs. The terms of this lease shall be binding upon the heirs, executors, administrators, and successors of both landlord and tenant in like manner as upon the original parties, except as provided by mutual written agreement otherwise. F. Transfer of property. If the landlord should sell or otherwise transfer title to the farm, such action will be done subject to the provisions of this lease. G. Right of entry. The landlord, as well as agents and employees of the landlord, reserve the right to enter the farm at any reasonable time for purposes (a) of consultation with the tenant; (b) of making repairs, improvements, and inspections; and (c) after notice of termination of the lease is given, of performing customary seasonal work, none of which is to interfere with the tenant in carrying out regular operations. Landlord also may request right of entry to hunt and fish. H. Additonal agreements regarding term of lease: _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ II. GENERAL TERMS OF LEASE A. Term. [If a continuing lease is desired, use paragraph (1) and strike out (2).] (1) Continuing lease — The term of the lease shall by _____ year(s), commencing on the ________ day of ______________ , 19_____ , and shall continue in effect from year to year thereafter (as an annual lease) unless written notice of termination is given by either pary to the other at least _____ days prior to expiration of this lease or the end of any year of continuation. If a definite term is desired, use paragraph (2) and strike out paragraph (1). No notice of termination is necessary if paragraph (2) is used. (Note: State laws differ on the duration of agricultural leases.) (2) Annual lease — The term of this lease shall be ______ year(s), commencing on the ______ day of ____________ , 19_____ , and ending on the ______ day of _____________ , 19______. B. Review of lease. A request for general review of the lease may be made by either party at least ____ days prior to the final date for giving notice to terminate the lease. 13 I. Animal units (maximum allowable). Not more than ______ animal units shall be kept in the pasture at any one time without the express written consent of the landlord. Deliberate violation of this provision shall constitute grounds for termination of this lease. (In general, each 1,000 pounds of average weight shall be one animal unit. If the pasture owner and the owner of the livestock prefer, they can use the following basis for calculating animal units: one bull, 1.25 animal units; one 1,000-pound cow, 1 animal unit; one yearling steer or heifer, 0.75 animal unit; calf, 6 months to 1 year, 0.5 animal unit; 3 to 6 months, 0.3 animal unit; sheep, 5 per animal unit; horse, 1.25 animal unit.) Stocking rate Bulls ................................... Cows .................................. Yearling steers ................... Yearling heifers .................. Calves, 6 to 12 mos. .......... Calves, 3 to 6 mos. ............ Other .................................. Number head ________ ________ ________ ________ ________ ________ ________ Count livestock not less than once per ______ . Return stray animals to pasture. Call veterinarian in case of emergency. Pay veterinary expenses. Provide loading and unloading facilities. Furnish supplementary feed, if needed. Notify other party of shortage in count ______ . Provide facilities for fly control. Keep fly-control facilities in working order. Liability insurance. Number animal units ________ ________ ________ ________ ________ ________ ________ Landlord Tenant ______ _____ ______ _____ ______ _____ ______ _____ ______ _____ ______ ______ _____ _____ Tenant ______ _____ ______ _____ ______ ______ _____ _____ ______ _____ ______ _____ ______ _____ ______ _____ ______ ______ _____ _____ (3) Additional agreements: ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ III. OPERATION AND MAINTENANCE A. The livestock owner agrees: (1) Not to pasture livestock that continue to break through fences. Should any animal be found outside the pasture on at least three occasions, the pasture owner may request its removal. (2) Not to assign rights and duties under this lease without the written consent of the pasture owner. (3) Not to put any cattle in pasture without getting specific approval from the pasture owner in advance regarding number, health, sex, breed, and age. (4) To furnish health certificates as follows: ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ B. Both agree: (1) Not to obligate the other party. Neither party hereto shall pledge the credit of the other party hereto for any purpose whatsoever without the consent of the other party. Neither party shall be responsible for the debts or liabilities incurred, or for damages caused by, the other party. (2) Responsibilities. Additional responsibilities for each party shall be divided as follows: Inspect fences not less than once per ______ . Furnish labor for repair of fences. Furnish materials for repair of fences. Supervise supply of water to livestock. Furnish labor for repair of water system. Materials for repair of water system. Furnish salt & mineral Landlord IV. RENTAL CALCULATIONS AND PAYMENT SCHEDULE (Use method I, II, or III and strike out the two methods not used.) Method I — The tenant owner agrees to pay $ ______ per acre for use of the property described in paragraph I. Total rent of $ ______ shall be paid as follows: $ ______ on or before ______ day of ______ (month) $ ______ on or before ______ day of ______ (month) $ ______ on or before ______ day of ______ (month) $ ______ on or before ______ day of ______ (month) If rent is not paid when due, the tenant agrees to pay interest on the amount of unpaid rent at the rate of ______ percent per annum from the due date until paid. Rental adjustment. Additional agreements in regard to rental payment: _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ Method II — The livestock owner agrees to pay the rates outlined in Table 1 (the period may be a month, pasture season, or year). The minimum rent shall be $ ______. Such rent shall be required regardless of whether or not livestock are actually being pastured. The total rent of $ ______ (from Table 1) shall be paid as follows: $ ______ on or before ______ day of ______ (month) $ ______ on or before ______ day of ______ (month) $ ______ on or before ______ day of ______ (month) $ ______ on or before ______ day of ______ (month) If rent is not paid when due, the tenant agrees to pay interest on the amount of unpaid rent at the rate of _____ percent per annum from the due date until paid. 14 Table 1 — Rental rates Number Rental rate per period Total rent per period Bulls .................................................... _______ ✕ $ ________________ = $ Cows ................................................... _______ ✕ $ ________________ = $ Yearling steers .................................... _______ ✕ $ ________________ = $ Yearling heifers ................................... _______ ✕ $ ________________ = $ Calves, 6 to 12 mos. ........................... _______ ✕ $ ________________ = $ Calves, 3 to 6 mos. ............................. _______ ✕ $ ________________ = $ Other ................................................... _______ ✕ $ ________________ = $ TOTAL RENT ........................................................................................................................................... $ Rental adjustment. Additional agreements in regard to rental payment: _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ V. ARBITRATION OF DIFFERENCES Any differences between the parties as to their several rights or obligations under this lease that are not settled by mutual agreement after thorough discussion, shall be submitted for arbitration to a committee of three disinterested persons, one selected by each party hereto and the third by the two thus selected. The committee’s decision shall be accepted by both parties. Method III — Other rental arrangements (share-of-gain, etc.) _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ Executed in duplicate on the date first above written: _________________________________________ (tenant/livestock owner) _________________________________________ (landlord/pasture owner) _________________________________________ (tenant’s spouse) _________________________________________ (landlord’s spouse) STATE OF _____________________________ COUNTY OF ___________________________ On this ____________________ day of _________________________ , A.D. 19__________ , before me, the undersigned, a Notary Public in said State, personally appeared _________________________ , _________________________ , _________________________ , and _________________________ to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. _________________________________________ Notary Public 15 Other North Central Regional publications in this series: NCR-75, Fixed and Flexible Cash Rental Arrangements for Your Farm NCR-105, Crop-share or Crop-share/Cash Rental Arrangements for Your Farm NCR-107, Livestock Share Rental Arrangements for Your Farm NCR-148, Irrigation Crop-share and Cash Rental Arragements for Your Farm NCR-214, Rental Agreements for Farm Machinery, Equipment, and Buildings The following NCR lease forms also are available: NCR-76, Cash Farm Lease (with Flexible Provisions) NCR-77, Crop-share or Crop-share/Cash Farm Lease NCR-106, Irrigation Crop-share or Crop-share/Cash Farm Lease NCR-108, Livestock-share Farm Lease NCR-109, Pasture Lease NCR-215, Farm Machinery, Building, or Equipment Lease North Central Farm Management Extension Committee Burton Pflueger, Chairman, South Dakota State University George Patrick, Vice Chairman, Purdue University Richard Trimble, Secretary, University of Kentucky Bruce Jones, Past Chairman, University of Wisconsin Dick Clark, West Central Research and Extension Center William Edwards, Iowa State University Steve Halbrook, Farm Foundation Richard Hawkins, University of Minnesota Norlin Hein, University of Missouri Wayne Howard, University of Guelph Harlan Hughes, North Dakota State University Rodney Jones, Kansas State University Dale Lattz, University of Illinois Ross Love, Oklahoma State University Ron Plain, University of Missouri David Petritz, Purdue University Gary Schnitkey, Ohio State University Gerald Schwab, Michigan State University Don West, USDA-Extension Service Ralph Winslade, Guelph Agriculture Center North Central Regional Extension publications are subject to peer review and prepared as a part of the Cooperative Extension activities of the thirteen land-grant universities of the twelve North Central States, in cooperation with the Extension Service—U.S. Department of Agriculture, Washington, D.C. The following universities cooperated in making this publication available: University of Illinois Ag. Publication Office 69 Mumford Hall Urbana, IL 61801 (217) 333-2007 Purdue University Publication Mailing Room 301 S. Second Street Lafayette, IN 47905-1232 (317) 494-6795 Iowa State University Publications Distribution Printing & Pub. Bldg. Ames, IA 50011-3171 (515) 294-5247 Lincoln University Cooperative Extension Service 900 Moreau Drive Jefferson City, MO 65101 (314) 681-5557 Michigan State University Bulletin Office 10B Ag. Hall East Lansing, MI 48824-1039 (517) 355-0240 North Dakota State University Ag. Communications Box 5655, Morrill Hall Fargo, ND 58105 (701) 237-7881 University of Minnesota Distribution Center 3 Coffey Hall, 1420 Eckles Ave. St. Paul, MN 55108-6064 (612) 625-8173 Ohio State University Publications Office 385 Kottman Hall 2021 Coffey Rd. Columbus, OH 43210-1044 (614) 292-1607 University of Missouri Extension Publications 2800 McGuire Columbia, MO 65211-0001 (314) 882-2792 University of Nebraska Dept. of Ag. Comm. Lincoln, NE 68583-0918 (402) 472-3023 * Kansas State University Distribution Center Umberger Hall Manhattan, KS 66506-3400 (913) 532-5830 South Dakota State University Ag. Comm. Center Box 2231 Brookings, SD 57007-0892 (605) 688-5628 University of Wisconsin Cooperative Extension Publications Rm. 245 30 N. Murray Street Madison, WI 53715-2609 (608) 262-3346 * Publishing university For copies of this publication and other North Central Regional Extension publications, write to: Publications Office, Cooperative Extension Service, in care of the university listed above for your state. If they do not have copies or your university is not listed above, contact the publishing university as indicated by an asterisk. Programs and activities of the Cooperative Extension Service are available to all potential clientele without regard to race, color, national origin, age, sex, religion, or disability. In cooperation with the NCR Educational Materials Project. Issued in furtherance of Cooperative Extension work, Acts of Congress on May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture and Cooperative Extension services of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. Richard D. Wootton, Associate Director, Cooperative Extension Service at Kansas State University, Manhattan, Kansas. 4/97 — 750 ExEx5071 C o l l e g e o f A g r i c u l t u r e & B i o l o g i c a l S c i e n c e s / U S D A Pasture Lease Agreements Burton Pflueger, Extension economist Any lease is basically an agreement that gives the use of an asset to a lessee for a specific period of time at a specified rate. A lease does not transfer title of ownership nor an equity interest in the asset. Variations In Pasture "Pasture" is a word with many meanings. Total production as well as the seasonal pattern of production depends a great deal on the kinds of grasses and legumes in the pasture. Some South Dakota land is pasture only because it is too rough, rocky, or wet to cultivate. If management in past years has been poor, pastures might produce more weeds and trees than forage. Labeling a document as a lease does not necessarily mean it is a lease according to the Internal Revenue Service (IRS). This Extension Extra does not address any of the questions concerning the IRS treatment of a lease; if you have such questions, contact your tax management professional. Also, this document does not address any of the questions concerning the legalities of the lease which should be handled by professional legal counsel. At the other extreme are fertilized grass-legume pastures on tillable land. Vegetation may include warm and/or cool season grasses, fescues, and legumes and weeds will be controlled and good water will be available. These pastures are highly productive and profitable when used in good livestock programs. Unlike cash and share rental arrangements for cropland, the terms of pasture rental arrangements can vary substantially. You can consult other publications in this series or go to the publication C271, South Dakota Agricultural Land Market Trends 1991-2006, on the internet at http://agbiopubs.sdstate.edu/articles/C271.pdf. The protein content of different pasture plants varies and is reflected in production gains or milk production. Good grass-legume mixtures produce larger gains and more milk than straight grass pastures, especially during the drier part of the pasture season. Be cautioned that adjustments should be made to current market rental rates to account for differences in productivity of the land, use of improvements, and other factors of the rental arrangement. Adjustments to reported rental rates are important since the quality of pastureland varies widely. An arrangement used by a farmer for improved pasture likely is not appropriate for a neighbor who has unimproved pasture partially covered in brush and trees. Pasture rental rates and terms thus may vary widely within the same locale yet still be acceptable to both landlord and tenant. THE PASTURE RENTAL MARKET Like other leasing arrangements, the terms of pasture leases reflect local custom, suitability and quality considerations of the parcel, the contributions of one or both parties, and bargaining. Leases are may be oral, may be shorter-term than cropland leases and may seldom involve more than a single pasture season. The most difficult part of pasture leasing is determining a rental rate agreeable to both parties. 1 Variations in Rates During seasons when rainfall is good and grass is abundant, the demand for rental pasture is low and "customary" pasture rents tend to be lower. During dry seasons, the reverse is true. But in general, variations in rent from year to year are small—smaller than the variations in production in most cases. Table 1. Animal unit values for different kinds of cattle and other livestock. Class of livestock Cows (1,000 pound weight) Cow and calf pairs Two-year-old steers Yearling cattle (18-24 mo.) Yearling cattle (12-17 mo.) Calves (under 12 mo.) Bulls (mature) Saddle horses (mature) Sheep Farm-to-farm differences in the amount charged for the use of pasture are seldom as great as differences in productivity. Rents also reflect demand; when numbers and prices of consuming livestock are high, rents tend to go up, but again, the changes are comparatively small. Number of animal units 1.0 1.3 .9 .8 .65 .5 1.4 1.25 .2 Information from Pasture Leases, publication EC-623-W, J.H. Atkinson and D.C. Petritz, Extension economists, Department of Agricultural Economics, Purdue University, Cooperative Extension Service with reference sited as Valentine, J.F. and D.F. Burzlaff. Nebraska Handbook of Range Management, E.C. 68-131, University of Nebraska. Different Methods of Quoting Rent Generally, pasture rents are quoted either on a per-headper-month basis or on a per-acre basis. You can go to ExEx5019, Determining Pasture Rents (rev 2002). This publication includes a discussion of different methods used to determine rental rates and and is on the internet at http://agbiopubs.sdstate.edu/articles/ExEx5019.pdf. To illustrate the different interpretations of an animal unit, Table 2 can be compared to Table 1. While some data is consistent between the tables, there are slight differences for specific classes of livestock. Per head per month This method is most often used when only a few head of livestock are involved. The rates usually apply to mature cows. In most instances, no differentiation is made between cows with calves, cows in milk but without calves, and dry cows. Likewise, differences in size of mature cows are seldom reflected in rental charges despite the fact that feed consumption increases with size. Landlords and tenants will have to reach an agreement on the definition of animal units if pasture rental rates will be dependent on the number of animal units utilizing the grazing resource, commonly referred to as the stocking rate. Table 2. Suggested animal unit conversion factors for various classes of cattle. When pasture is rented on a per-head-per-month basis, rental rates would be more meaningful if they were expressed in terms of animal units, e.g., $5.50 per animal unit per month. Animal units (AU) are generally used as a basis to standardize and express stocking rates among different kinds and classes of livestock with similar dietary preferences. By using the animal unit values shown in Table 1, a cow-calf pair would be charged $7.15 per month ($5.50 x 1.3), a yearling in the 12- to 17-month age range, $3.58 ($5.50 x .65). Class of cattle Mature bull (>24 months) Young bull (18-24 months) Cow and calf pair Mature cow, non-lactating Pregnant heifer, non-lactating (>18 months) Yearlings (18-24 months) Yearlings (15-18 months) Yearlings (12-15 months) Calves (weaning -12 months) Calves (weaning at 8 months) Inconsistencies persist among land management agencies and within published literature regarding approaches to quantify AU. For example, some interpretations loosely define an AU as the forage demanded by a mature cow, although this value could vary widely depending upon breed and reproductive status of the cow. Others say that an AU represents the forage demanded by a standard livestock unit weighing 450 kg. Relative animal unit 1.5 1.15 1.35 1.0 1.0 0.9 0.8 0.7 0.6 0.5 Information from http://rangelandswest.org/az/inventorymonitoring/animalunits.html with reference to page 279 of Vallentine, J.F. 1990. Grazing Management. Academic Press. San Diego, CA. pp 276-280. 2 Stocking rate expresses the actual number of animals on a management unit throughout the grazing period. Therefore, stocking rates are the management interface that relates livestock consumption to forage supply. Rental rates generally do not adequately reflect differences in stocking rates or in quality of grass. Livestock owners should keep these factors in mind since variations in either factor can and do affect gains or the amount of milk produced. ity of the pasture may be seriously damaged. Therefore, the landlord has good reason to be interested in a lease provision which limits the stocking rate to a level which will result in the greatest production over a period of years. When pasture is rented by the acre, the fences, wells, and power units (windmill or motor) should be in working order at the start of the pasture season. During the season, it usually is the renter's responsibility to provide the labor for maintaining both the fence and the power unit. It is the tenant’s job, also, to make sure salt and water are available, to keep a record of numbers, and to look after sick or injured animals. The pasture owner normally supplies materials for repair of fences and major repairs for the well and power unit. When pasture is rented on a per-head-per-month basis, the tenant tends to be interested in getting as much gain per head as possible. Therefore, the tenant may desire to keep the stocking rate low to provide as much grazing as possible per animal unit. However, there is a stocking level which will give maximum gains per animal. Any reduction in the grazing rate from that optimum level will not result in additional gains per animal (the feed will simply be wasted) and will reduce the potential income to the owner of the pasture without benefiting the livestock owner. The maintenance responsibilities usually are not assumed by the renter on a per-head basis; thus, the amount of rent paid during a season may be a little less when pasture is rented by the acre (assuming comparable stocking rate). COMPUTATION OF RENT Local supply and demand conditions play an important role in determining pasture rent. If a large quantity of pasture is for rent in an area and very few producers need pasture, then the rental rate will likely decline in that area. Rent per acre* Rent charged on a per-acre basis should reflect productivity. Differences in pasture productivity make it impossible to use quoted per acre rates without knowing a great deal about the particular pasture. Factors that affect the productivity of pasture include natural soil productivity, kinds of grass and legumes in the stand, amount and kinds of weeds, previous fertility practices, stocking rates, source and quality of water, and condition of fences. Pastures must be used where and when grown rather than stored for later use. Since so few alternative uses generally exist for pasture land, the agreed-upon rent must be established by bargaining between the landlord and the tenant. In many cases, especially those involving small acreages, few farmers may be interested in renting, so the person who can utilize the pasture may get a "bargain." When pasture is rented by the acre for the season, the tenant will be interested in maximum production per acre. He will be inclined to stock a pasture more heavily if he rents by the acre instead of by the head. In estimating what he can afford to pay for pasture rent, the tenant needs to consider his profit potential from using the pasture. For example, if a rented pasture will be used to graze steers, the tenant should consider the price for feeder cattle this spring, what the expected selling price will be this fall, and what some of the costs associated with the pasturing program will be, such as supplementary feed, water supply, mineral and salt, medication, implants, and interest on investment in cattle. He should also estimate his labor costs and possible travel costs if his home place is far from the cattle. From these, the maximum amount that he can afford to pay for pas- From the pasture owner's point of view, the stocking rate can exceed the long-run optimum level for one or more seasons but at the expense of reducing the vigor of the more desirable plants and causing more erosion. If overgrazed long enough, the carrying capacity and productiv* USDA's Agricultural Marketing Service (AMS) provides a spring report on grazing land rental rates. The “Wyoming, Western Nebraska and Southwestern South Dakota Annual Grazing Fee Report” is released in late March and late April. The report captures a current assessment of market activity. Numbered TO_LS150, it is online at http://www.ams.usda.gov/ 3 ture rent can be estimated. This will be tempered by quality of pasture and location relative to his home farm and water supply. Landlords and tenants are cautioned that these values are subjective and that if adjustments will be made to rental rates based on pasture quality, agreement on the adjustment factors needs to be negotiated and agreed upon. On the other hand, landlords want to recover some of the costs of owning the pastureland. At a minimum, this might be property taxes and expenses of maintaining fences and water supply. Naturally, they hope to receive some return on their investment in land. Table 3. Pasture quality adjustment factors Pasture condition Lush, green, high protein pasture Excellent grass pasture Good pasture Fair pasture Poor grasses or considerable weed growth The costs of fertilizer, fence repair and maintenance of water supply may be borne by either the landlord or the tenant. The rent will vary depending upon how these costs are handled. A satisfactory rental agreement is one in which all parties understand and willingly agree to the terms and conditions. Once such an agreement is reached, it is critical that it be written so that both parties can refer to it and determine their responsibilities. Pasture condition Lush legume pasture Excellent meadow (grass/legume) Very good permanent pasture Fair to good permanent pasture Unimproved poor condition ALTERNATIVE LAND USE VALUE If pasture is on tillable land, landowners should think in terms of what such land might produce in other crops like corn, soybeans, wheat, or hay. If pasture rents are not about equal to the net income that could be realized from other crops, landowners are likely to want to plow up the pasture and plant crops. On non-tillable land, however, the possibility may exist to rent the land for recreational purposes. Adjustment factor1 .30 .275 .25 .225 .20 Adjustment factor2 .22 .20 .18 .15 .12 1 Information from Pasture Leases, publication EC-623-W, J.H. Atkinson and D.C. Petritz, Extension economists, Department of Agricultural Economics, Purdue University, Cooperative Extension Service with factors derived from table on page 11 of EC 627, New Method of Feeding Milk Cows, C.W. Nibler, University of Nebraska. 2 Information from Maximizing Fall and Winter Grazing of Beef Cows and Stocker Cattle, Bulletin 872-98, Ohio State University Extension. Renting land for recreational purposes has become popular in recent years and can be a complex venture. For some landlords, managing and/or leasing land for recreational uses may require additional capital and management resources which may not be available. Another factor affecting pasture quality is the type of forage available. Different grasses will produce varying amounts of forage and may reach their peak suitability for grazing at different times during the year. Landlords and tenants may want to consider the type of forages available in reaching a decision on the number of animal units supported for a specified length of grazing period. There is also the obvious—weather will have an impact on estimated available forage. ALTERNATIVE FEED COST FOR LIVESTOCK Under farm conditions, it is difficult to estimate the production of a pasture and arrive at an "ideal" rental rate. Thus, the formula in Table 4 was devised as a guide to establishing and evaluating pasture rental charges. The price of hay used in the formula in Table 4 can be estimated based on present and past market prices and the rental rate established in advance. Or, mid-month prices over the pasture season can be averaged and the rent determined at the end of the season. A minimum rent could be established and paid in advance with additional rent, if any, paid at the end of the season. This formula gives pasture and livestock owners a starting point in discussing pasture rental rates. Customary rates in the This formula takes into account the price of alternative feeds and, through a general evaluation of the condition of the pasture, reflects the kind and condition of the pasture growth. The scarcity of pasture available in a community enters the formula indirectly through the price of hay. The pasture quality factor is determined based on classifications as illustrated in Table 3. 4 Table 4. Guide to establishing and evaluating pasture rental charges.1 Average animal unit 1.2 X X (1200-lb cow) .75 $40.00 X X (price of grass hay) X (750-lb steer) .75 Average price of good hay (per ton) during pasture season $50.00 Quality factor = Rate per head per month2 .275 = $13.20 (excellent pasture factor) X .275 = $10.30 X .225 = $6.75 (price of alfalfa hay) X $40.00 (in year of lower hay prices) (fair to good pasture factor) 1 Information from Pasture Leases, publication EC-623-W, J.H. Atkinson and D.C. Petritz, Extension economists, Department of Agricultural Economics, Purdue University, Cooperative Extension Service based on Nelson, T.R. and L. Bitney, Figuring Pasture Rental Rates, FM64-7 (mimeo), Dept. of Agricultural Economics, University of Nebraska. 2 To determine rate per acre where pasture owner has no responsibility for supervising livestock, multiply the rate per month by the number of months, subtract a per head charge for supervision, and divide the remainder by the number of acres required to carry an animal on this pasture. community and the relative bargaining position for each party will undoubtedly enter into negotiations and consequently into the final rate agreed upon. For example, a steer calf may weigh 400 lb May 1 and be worth $70 per cwt for a total value of $280. On October 1, the weight might be 600 lb worth $60 per cwt for a total value of $360. During the 5 months, the value of the steer increased from $280 to $360 or $80 per head. This amount would be divided according to the lease agreement. Agreement should be reached in advance as to whether death losses are to be included in the calculation of weight gain. SHARE OF GAIN Occasionally, owners of pasture and cattle are interested in working out a share arrangement. Such an arrangement can divide production and price risk between the two parties. Under this arrangement, the contribution of each party is used as a basis for dividing income. With this "share of gain" arrangement, the tenant shifts some of the production and price risk to the landlord. In return, he agrees to allow the landlord to share in unexpected good weight gains and/or prices. Minimum and/or maximum rental payments can be set if desired. Contributions of the pasture owner almost always include land taxes, interest on the pasture investment, and depreciation and repairs on water systems and fences. They also may include part of the cost of such things as salt, mineral, and labor. Depending on the ownership of the cattle, the pasture owner may also bear some of the risk of cattle death loss. Contributions of the cattle owner include interest on the cattle investment and any other contributions such as grain, salt, mineral, labor, and risk of death loss. VARIABLE RENTS Other leasing arrangements could be developed which would also serve to shift some of the risk and the chance for profit to the landowner. For example, the risk of poor weight gain because of weather could be effectively shifted by charging a fixed amount per pound of gain. The income to be divided would be the value of the milk or livestock gains produced from the pasture. The value of livestock gains should be calculated on the basis of the net increase in value. This would require a determination of the value of animals pastured at the beginning and at the end of the pasture season. To illustrate how this might work, assume the pasture charge for a yearling steer is $3.50 per month. For a 5month grazing season, this would amount to $3.50 x 5 or $17.50. During the 150 days on pasture, a 225-lb gain might be a reasonable expectation. The pasture rent would amount to 7.8 cents/lb under these circumstances. 5 Instead of charging $3.50 per head per month, the landlord might charge 8 cents/lb of gain. If gain turned out to be unusually good (perhaps 275 lb), he would receive $22 for the season instead of $17.50. On the other hand, if grass was short and the gain was 175 pounds, he would receive only $14. Pasture owners might not be willing to assume this kind of risk unless they expect to receive a little higher rent on the average for doing so. The following is a checklist of items which might be included in the lease. Items 1-4 and 10-15 are the minimum essentials for a lease agreement. For a lease to meet specific legal requirements, the services of a lawyer may be necessary. 1. 2. 3. 4. Price change risk can be shifted through a flexible rent formula. The following is a description of one method. A base rental rate per acre and a base price (average of October and November) of good to choice steer calves at a stated market are established. Each year the rental rate changes by the same percentage that the price of steer calves change. 5. 6. 7. 8. 9. More simply, the per acre rent could be calculated as a multiple of steer calf prices. For example, if agreement were reached on a base rent of $30 per acre with a base calf price of $60 per cwt, the rent multiple would be .5. If calf prices rose to $70 the next year during the agreedupon time period, rent would rise to $35 per acre. This procedure can be used to adjust the rent for a given reason or to establish a renewal rate for the following year. 10. 11. 12. 13. 14. 15. Rent can also be adjusted at the end of the season for changes in pasture productivity due to weather conditions. This could be done by changing the rent by the same percentage by which the season's county hay yields changed from the 5- or 10-year average. Names, addresses, and interests of parties involved. Date lease becomes effective. Date of termination. Legal description of pasture, possibly supplemented by a map. Limitation on number of animals that can be pastured. Details of agreement concerning health requirements. Provisions concerning breachy animals. Agreement concerning identification. Agreement relative to male breeding stock to be pastured and rights of owner of female stock. Stated responsibilities of both parties relative to water, salt, repair of fences, counting cattle, etc. Provision for right of pasture owner to enter pasture. Provisions concerning subleasing. Amount of rent or how it is to be calculated. When rent is to be paid. Provision for settling disagreements. Leases may be written to terminate after one or more time periods (year, month, season). Provision can be made for re-negotiating the lease during a specified time prior to termination. Pasture owners may be interested in keeping their pastures free of soil-borne diseases to protect the health of their own cattle and cattle accepted for pasturing. This can be done only if animals known to be sick are kept out. An affidavit or health certificate from a veterinarian should provide acceptable evidence of an animal's state of health and serve as a basis for accepting or rejecting livestock. Put the Agreement in Writing Both landlords and tenants are reminded that it is highly desirable to put the terms of a lease agreement in writing. For some types of lease agreements, such as leases for longer than one year, South Dakota Codified Laws specify that the lease be written. Follow the advice of your attorney. Sample lease forms can be found elsewhere in this publication series. Under ordinary conditions, the pasture owner is expected to provide an adequate source of water. This could be in the form of ponds or wells with mills (or motors) and tanks. Cattle owners may wish to do some checking on the dependability and quality of the water supply before completing any rental agreement. A shortage of water can be extremely detrimental to livestock gain and may necessitate hauling water or removal of stock. The very process of putting an agreement in writing tends to force the spelling out of details concerning agreements which otherwise might not be discussed or might be understood in only a hazy way. Once these ideas are put down in writing, they serve as a reminder to both parties and as a legal record (if properly executed and signed) of the responsibilities of each party. In case one or both parties to the agreement should die, the written lease provides a basis for understanding and action on the part of heirs and estate administrators. The risk of death loss from poisonous plants often increases under drought conditions. Consequently, cattle 6 owners have reason to be concerned with the presence of poisonous weeds and plants and the efforts of the pasture owner to eliminate them. female stock may want to reserve the right to remove them without penalty. Unless a lease specifically provides for it, a pasture owner may technically be prevented from entering his own pasture. It is desirable, therefore, to include a section in the lease which will define the entry rights of the pasture owner. Pasture owners who take in livestock for summer pasture should keep livestock owners informed regarding plans to add breeding males in a pasture. Some cattle owners may not want females bred. If plans to include males are changed after the pasture season begins, owners of This publication adapted for South Dakota from Pasture Leases, publication EC-623-W, J.H. Atkinson and D.C. Petritz, Extension economists, Department of Agricultural Economics, Purdue University, Cooperative Extension Service and from Computing a Pasture Rental Rate, File C2-23, D. Hofstrand, and W. Edwards, Ag Decision Maker, Iowa State University, University Extension. South Dakota State University, South Dakota counties, and U.S. Department of Agriculture cooperating. South Dakota State University is an Affirmative Action/Equal Opportunity Employer and offers all benefits, services, education, and employment opportunities without regard for race, color, creed, religion, national origin, ancestry, citizenship, age, gender, sexual orientation, disability, or Vietnam Era veteran status. EXEX5071. 2007. Access at http://agbiopubs.sdstate.edu/articles/ExEx5071.pdf. 7 ExEx5072 rev 9-07 C o l l e g e o f A g r i c u l t u r e & B i o l o g i c a l S c i e n c e s / U S D A Pasture Lease Burton Pflueger, Extension economist Date and names of parties. This lease is entered into on _______________, 20_____, between _____________________________________________________________________________________ (Landlords) Lessor(s) at ______________________________________________________________________________________________(address) and _______________________________________________________________________________________ (Tenants) Lessee(s) at ________________________________________________________________________________ (address). The parties to this lease agree to the following provisions. Description of land. The Lessor rents and leases to the Lessee, to occupy and to use for agricultural purposes only, the following real estate located in the County of ______________________ and the State of ________________________, described as follows: __________________________________________________________________________________________________________ __________________________________________________________________________________________, commonly known as the ______________________________________farm and consisting of approximately __________acres, together with all buildings and improvements thereon belonging to the Lessor, except _______________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________. Length of tenure. The term of this lease shall be from ______________________, 20_____, to _____________________, 20_____, and the Lessee shall surrender possession at the end of this term or at the end of any extension thereof. Extensions must be placed in writing on this lease, and both parties agree that failure to execute an extension at least ______________months before the end of the current term shall be constructive notice of intent to allow the lease to expire. Amendments and alterations to this lease may be made in writing in the space provided and the end of this form at any time by mutual agreement. If the parties fail to agree on proposed alterations, the existing provisions of the lease shall control operations. Section 1. Animal Units Not more than _________ animal units shall be kept in the pasture at any one time without the express written consent of the Lessor. Deliberate violation of this provision shall constitute grounds for termination of this lease. Stocking rate Number head Number animal units Rental rate per period Total rent per period Bulls _______ _______ _______ _______ Cows _______ _______ _______ _______ Yearling steers _______ _______ _______ _______ Yearling heifers _______ _______ _______ _______ Calves, 6 to 12 mos. _______ _______ _______ _______ Calves, 3 to 6 mos. _______ _______ _______ _______ Other _______ _______ _______ _______ Other _______ _______ _______ _______ Section 2. Rental Calculations and Payment Schedule (Use method I, II or III and strike out the two methods not used.) Method I The Lessor agrees to pay $__________ per acre for use on the property described in paragraph I. Total rent of $____________ shall be paid as follows: $______ on or before ______ day of ______(month) $______ on or before ______ day of ______(month) $______ on or before ______ day of ______(month) $______ on or before ______ day of ______(month) Rental adjustment. Additional agreements in regard to rental payment: __________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ Method II The Lessee agrees to pay a rate based on AUMs as identified in Section 1. (the period may be a month, pasture season, or year). The minimum rent shall be $______. Such rent shall be required regardless of whether or not livestock are actually being pastured. The total rent of $______ shall be paid as follows: $______ on or before ______ day of ______(month) $______ on or before ______ day of ______(month) $______ on or before ______ day of ______(month) $______ on or before ______ day of ______(month) Rental adjustment. Additional agreements in regard to rental payment: __________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ 2 Method III Other rental arrangements (share-of-gain, etc.) ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ Signatures of Parties to Lease ________________________________________________________________Landowner _____________ Date ________________________________________________________________Landowner _____________ Date ________________________________________________________________Tenant _____________ Date ________________________________________________________________Tenant _____________ Date Extensions to the Lease Lease Extension # 1 Lease Extension # 2 This lease, originally dated ____________, 20___ , This lease, originally dated _________, 20___ , shall be extended . . . shall be extended . . . From ____________________, 20_____, From ____________________, 20_____, To ______________________, 20_____. To ______________________, 20_____. Signed: __________________, 20_____ Signed: __________________, 20_____ ________________________________________Lessor ________________________________________Lessor ________________________________________Tenant ________________________________________Tenant Modified for South Dakota from Illinois Farmdoc Pasture Lease Form. South Dakota State University, South Dakota counties, and U.S. Department of Agriculture cooperating. South Dakota State University is an Affirmative Action/Equal Opportunity Employer and offers all benefits, services, education, and employment opportunities without regard for race, color, creed, religion, national origin, ancestry, citizenship, age, gender, sexual orientation, disability, or Vietnam Era veteran status. EXEX5072rev. 2007. Access at http://agbiopubs.sdstate.edu/articles/ExEx5072.pdf. 3 FR-8-06—page 5 Sample Pasture Lease Agreement (Not a legal document.) I. Parties: This lease entered into this ________________________ day of ___________________, ________, between _____________________________________, landlord, of ____________________________________________ pasture owner address hereafter known as “the landlord,” and ____________________________________________, tenant, of livestock owner ______________________________________________________________________. address II. Property Description The landlord hereby leases to the tenant, to occupy and use for pasture purposes, the following described property: _______________________________________________________________________________________________ _______________________________________________________________________________________________ consisting of approximately _________________ acres situated in _________________________________________ County (Counties), _________________ (State), and on any other land that the landlord may designate by mutual written agreement. III. General Terms of Lease A. Term (select one option). 1.) Annual lease. The term of this lease shall be ________________, commence on the ________ day of ____________, and end on the _________ day of ______________. 2.) Continuing lease. The term of the lease shall be __________ year(s), commencing on the _________ day of ______________, _____, and shall continue in effect from year to year thereafter (as an annual lease) unless written notice of termination is given by either party to the other at least _________ days prior to expiration of the lease or the end of any year of continuation. (Note: State laws differ on the duration of agricultural leases.) B. Review of lease. A request for general review of the lease may be made by either party at least ________ days prior to the final date for giving notice to terminate the lease. C. Amendments. Amendments and alterations to this lease shall be in writing and shall be signed by both the landlord and tenant. D. No partnership created. This lease shall not be deemed to give rise to a partnership relation, and neither party shall have authority to obligate the other without written consent, except as specifically provided in this lease. E. Binding on heirs. The terms of this lease shall be binding upon the heirs, executors, administrators, and FR-8-06—page 6 successors of both landlord and tenant in like manner as upon the original parties, except as provided by mutual written agreement otherwise. F. Transfer of property. If the landlord should sell or otherwise transfer title to the farm, such action will be done subject to the provisions of this lease. G. Additional agreements regarding terms of lease: _____________________________________________ _____________________________________________ _____________________________________________ IV. Normal Units — Maximum Allowable: Not more than _________ animal units shall be kept in the pasture at any time. Violation of this provision shall constitute grounds for termination of the lease unless the pasture owner first secures in writing the consent of the lessee. Each 1,000 pounds of average weight for the pasture period shall be considered an animal unit. _______ If the pasture owner and the owner of the livestock prefer, they can use the following basis for calculating animal units: 1 bull, 1.3 animal units; one 1,000 lb. cow, 1 animal unit; 1 yearling steer or heifer, 0.8 animal unit; calf, 6 months to 1 year, 0.6 animal unit; calf, 3 to 6 months, 0.3 animal unit; sheep. 5 per animal unit; horse 1.3 animal units. provided to the owner of the pasture. Such list shall be kept up to date throughout the lease. d. Not to put any cattle in pasture without getting approval from the pasture owner in advance regarding number, health, sex, breed, and age. 2. The pasture owner agrees: a. To place the perimeter fences and necessary cross fences in serviceable condition prior to the date livestock are brought to the pasture and to maintain the fences during the pasture season. b. To provide an adequate source of water throughout the pasture season. Violation of this subsection shall constitute grounds for termination of the lease. c. To inform all livestock owners at the time this contract is completed of any plans for putting any male animal(s) into the pasture, including a description and approximate dates of entry and withdrawal. Such intentions shall be made a matter of record as follows: Description of Bull(s) (breed, markings, or registration number, etc.) Date of Entry Date of Removal V. Duties: 1.) The livestock owner agrees: a. Not to pasture livestock known to be breachy (apt to break fences or break out of pasture). Should any animal be found outside the pasture on at least three occasions, the pasture owner may request its removal. b. Not to assign his/her rights and duties under this lease without the written consent of the pasture owner. c. To brand or tag all livestock in a manner sufficient to determine identity of ownership. A written list of all animals beyond weaning age entering the pasture together with brand description and classifications according to breed, age grouping, and sex shall be In the event the pasture owner should wish to put male animals not described above into the pasture, he shall give all owners of female stock notice of his intention to do so at least ________ days in advance of actually doing so. Owners of female stock shall then have the option of removing female stock without liability for any rental charges on the animals removed for the remainder of the season. Failure to remove female stock during the specified length of time shall be interpreted to mean that the owner has not objected to the pasture owner’s stated intention and this contract shall continue to be binding. VI.Both Agree: 1.) Not to obligate the other party. Neither party hereto shall pledge the credit of the other party FR-8-06—page 7 hereto for any purpose whatsoever without the consent of the other party. Neither party shall be responsible for the debts or liabilities incurred or for damages caused by the other party. 2.) Responsibilities. Additional responsibilities for each party shall be divided as follows: Livestock Owner Pasture Owner Inspect fences not less than once per _________ Furnish labor for repair of fences of performing customary seasonal work, not of which is to interfere with the tenant in carrying out regular operations. Due care shall be exercised to ensure that gates are closed upon entering and leaving the premises. Pasture owner may request right of entry to hunt and fish. VIII.Computation of Rent: (Select one method and strike out the other not used.) Method I. Per Head per Month Rental: The livestock owner agrees to pay the following rates per animal unit per month $ ________.____/AUM. Furnish materials for repair of fences Furnish materials for repair of water system Number Head X Number Animal Units = Total Rent per Period Bulls $ Cows $ Yearling steers $ Yearling heifers $ Call veterinarian in case of emergency Calves, 6 mons.-1 yr. $ Pay veterinary expenses Calves, 3-6 mons. Provide loading and unloading facilities Sheep $ Horses $ Other $ Total Rent $ Furnish salt and minerals Count livestock not less than once per __________ Furnish supplementary feed, if needed Notify other party of shortage in count Provide facilities for fly control Keep fly control facilities in working order Liability Insurance VII. Right of Entry: Both parties and agents or employees, therefore, shall have the right to enter the pasture at any time for any legitimate purposes: (a) of consultation with the tenant; (b) of making repairs, improvements, and inspections; and (c) after notice of termination of the lease is given, Method II. Per Acre Charge The livestock owner agrees to pay $________ per acre for use of the land described in item II. Method III. Payment for Gain Livestock shall be weighed prior to entering the pasture at ____________________________ and upon leaving the pasture at __________________ ________________ ________________________. Weighing shall be at the expense of the livestock owner, and in the presence of the pasture owner or his representative. The net increase in weight will be paid at a rate of _______________ per pound. FR-8-06—page 8 Share of Gain Rental: The livestock owner agrees to pay _________ percent of the value of growing animals at weaning time; and $_________ per head per month for each non-producing animal. (examples: bulls, rams, or cows and heifers without calves.) Except by written consent of the pasture owner, such rental shall be paid on not less than ________________ animal units, regardless of whether or not the minimum number is actually pastured. If there are less than the minimum number, the rental shall be calculated on the basis of the average charge for those cattle in the pasture. X. Arbitration: In case of disagreement relative to any provision of this lease, such dispute shall be referred to an arbitration committee composed of one member selected by each party, and a third member selected by the other two. The decision of the arbitration committee shall be binding upon the parties of this lease. IX. Payment Schedule Rent shall be due and payable when all stock has been removed by the livestock owner, or by the following schedule: XI. Notarization $_______ on or before _____ day of _______ (month) Executed in duplicate on the date first above written: $_______ on or before _____ day of _______ (month) _____________________________________________ $_______ on or before _____ day of _______ (month) tenant/livestock owner $_______ on or before _____ day of _______ (month) _____________________________________________ If rent is not paid when due, the tenant agrees to pay interest on the amount of unpaid rent at the rate of _______ percent per annum from the due date until paid. Rental adjustment. Additional rental payment agreement: _____________________________________________ _____________________________________________ _____________________________________________ landlord/pasture owner State of _______________________________________ County of _____________________________________ On this ________________ day of ________________ , A.D. ____________, before me, the undersigned, a Notary Public in said State, personally appeared ____ ________________________, __________________ ___________ to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. _______________________________________ Notary Public
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