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Bull Lease Agreement

Jorgensen Land and Cattle

31250 265th Street

Ideal, SD  57541

THIS LEASE is made and entered into on December 3, 2024 by and between Jorgensen Land & Cattle Partnership, 31250 265th Street, Ideal, South Dakota 57541, hereinafter referred to as Lessor, and Lessee.

 

SECTION I: PROPERTY AND TERMS

 

Lessor leases to Lessee the bull or bulls identified in the accompanied information attached hereto after referred to as “bull” or “bulls.”

 

1.2    The parties agree that the value of the bull or bulls leased herein in the accompanied invoice.

 

1.3    This lease is for the 2024 breeding season for approximately 90 days. In no event may the breeding season extend for more than 120 days. 

         

SECTION II: RENTAL

 

2.1    Lessor agrees to lease to Lessee the bull or bulls identified in the accompanied invoice.

 

2.2    Lessee will pay the lease due as follows:

 

1/2 the balance upon execution of this agreement; and

 

Remaining balance upon delivery of the bull(s).

 

2.3    In the event that Lessee fails to make the above-stated payments on the due date or in the event of a returned check for insufficient funds, interest on the amount due will begin accruing on the 5th day after the due date at the rate of 1.15% per month.

 

SECTION III: DELIVERY AND RETURN OF BULLS

 

3.1    Lessor will deliver the bull(s) to a location as close as possible to Lessee’s address on or about the stated date in 1.3.

         

3.2    Lessor will pick-up the bull(s) at Lessee’s address (or a location as close as possible) on or about 90 days after the stated date in Section 1.3. Lessee acknowledges that if it is not feasible to pick up the bulls within 120 days after delivery, that Lessee will maintain the bull(s) in a location without access to any cows or heifers until transportation is available to pick up the bulls.

 

3.3    Lessee is solely responsible for arranging and paying for any necessary brand inspections, health certification, or any other documents necessary to transport or ship the bull(s) from Lessee’s address to Lessor’s ranch in Tripp County, South Dakota.

 

 

SECTION IV: CARE OF BULL(S)

 

4.1    During the term of the lease, Lessee shall be responsible for the care and feeding of the bull(s) in a husbandlike manner consistent with practices generally accepted by cattle ranchers and producers in the community. Lessee shall furnish all the feed, pasture, labor, and equipment for caring for the bull(s) and will pay all necessary veterinary and medical expenses in connection with such bull(s).

 

4.2    Lessee will not remove the bull(s) from Lessee’s real estate or real estate controlled by Lessee during the term of the lease.

 

SECTION V: WARRANTIES, INJURIES AND DEATH LOSS

 

5.1    Lessor leases the bull(s) without warranty, express or implied, that the cows/heifers serviced by the bull will be bred, maintain a pregnancy to term, or result in a live birth.

 

5.2    In the event that a bull is injured within the first forty-five (45) day period, Lessor will replace the bull at no charge. Lessee is responsible for meeting Lessor approximately one-half of the distance between Lessor’s ranch in Tripp County, South Dakota and the location of the injured bull at an agreed upon location and exchanging the injured bull for the replacement bull.

 

5.3    In the event a bull dies within the first sixty (60) days of this lease and Lessee notifies Lessor within the sixty (60) day period, Lessor will replace the bull but only if Lessee provides proof of loss of the bull with pictures including the animal identification in the pictures or a carcass. Lessee is responsible for meeting Lessor approximately one-half of the distance between Lessor’s ranch in Tripp County, South Dakota and the location of the dead bull at an agreed upon location and picking up the replacement bull.

 

5.4    Lessee is responsible for any stray bull not found for which Lessee cannot produce pictures of the deceased bull with animal identification or a carcass. Lessee agrees to reimburse Lessor for loss of a bull in the amount of $1500.

 

SECTION VI: LESSEE’S AFFIRMATIVE OBLIGATIONS

 

6.1    Lessee acknowledges that Lessor intends to sell the bull(s) identified in accompanied information to a third party subsequent to termination of this lease. Lessee agrees to immediately notify Lessor if trichomoniasis or any other livestock health concern is found in Lessee’s herd so that the bull may be properly destroyed. In the event that trichomoniasis or any other livestock health concern is found in Lessee’s cattle herd and the bull is destroyed, Lessee agrees to reimburse Lessor in the amount of $1500 to cover the loss of the bull.

 

6.2    If Lessee has knowledge that trichomoniasis or any other livestock health concern is present in Lessee’s cattle herd and fails to advise Lessor, Lessee will be responsible for payment of all damages suffered by Lessor as a result of Lessee’s failure to notify Lessor, including attorney fees and costs.

 

SECTION VII: INDEMNIFICATION

7.1    Lessee understands, acknowledges, and recognizes that there are certain risks, dangers, and perils connected with working with bulls, which Lessee accepts, assumes and undertakes. Lessee asserts that it is experienced in handling bulls and knowingly assumes all risks, including those of bodily injury or death, that may result from working with any bull furnished by Lessor. Lessee, upon acceptance of any bull pursuant to paragraph 3.1, releases Lessor of any liability for any personal injury, including death, to Lessee, Lessee’s employees, officers, members, shareholders, or any other person working with or encountering the bull or bulls during Lessee's rental and possession of such bull or bulls.

7.2    Lessee acknowledges that Lessee is solely responsible for all damages resulting from Lessee’s lease and possession of the bull(s). Lessee hereby agrees to and shall hold Lessor harmless, defend and shall indemnify Lessor against claims and liabilities, including attorneys' fees and costs, for injuries to or harm suffered by all persons (including death) arising from Lessee’s lease and possession of the bull(s) during the lease period or from any breach or default on the part of Lessee in the performance of any covenant or agreement on the part of Lessee to be performed pursuant to the terms of this lease agreement or due to the act or omission of Lessee, its agents or employees. Lessee shall hold Lessor additionally harmless and defended as to any litigation, arbitration, hearing or cause of action whatsoever to which Lessor is made a party, or threatened to be made a party, arising from Lessee’s lease and possession of the bull(s) hereunder. Lessor shall have the full right and authority to tender defense of litigation or threatened litigation to Lessee and Lessee shall defend with counsel of Lessor's choice.

 

 

SECTION VIII: MISCELLANEOUS PROVISIONS

 

8.1      Time of Essence. Time shall be an essential element of this agreement and all payments shall be made and all acts performed in a timely manner hereunder.

 

8.2     Agreement Binding on Heirs and Successors in Interest. The provisions of this contract shall be binding upon the respective parties, their heirs, executors, administrators and successors in interest in regard to both parties.

 

8.3      Prohibition Against Assignment or Subletting. This agreement shall not be assigned to any party and no bull or bulls leased hereunder shall be sublet without the prior written consent of the Lessor.

 

8.4     Captions and Titles. The captions and paragraph headings throughout this instrument are for convenience and reference only and shall not be deemed or held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Lease, nor to define, limit or describe the scope or intent of a particular paragraph.

 

8.5    Terms Not Enforceable. Should any part, clause, provision or condition of this lease be held to be void, invalid or inoperative, such invalidity shall not affect any other provisions hereof, which shall be effective as though such invalid provision had not been made.

         

8.6     Interpretation. Unless the context suggests to the contrary, the masculine shall be deemed to include the feminine and neuter, and singular to include the plural, and in each case, vice versa. 

 

8.7    Jurisdiction. The parties agree that jurisdiction for any dispute arising pursuant to the terms of this agreement is Tripp County, South Dakota.

 

8.8     Nature of Relationship. The parties agree that the relationship created hereby is that of lessor and lessee and it is not in any way or for any purpose to be taken or construed as a partnership, joint venture, or any other kind of joint enterprise between Lessor and Lessee.

 

SECTION IX: DEFAULT

 

9.1    In the event of a default, Lessor shall have all remedies available under South Dakota law, which the parties agree includes the right of Lessor to retake possession of the bull or bulls and recover damages, including Lessor’s attorney fees and costs.

 

SECTION X: ATTORNEY REVIEW

 

10.1   Lessee acknowledges that this is a legal document and Lessee has the right to retain an attorney to review it prior to signing it.

 

         Dated December 3, 2024

     

LESSOR:                                                       

Jorgensen Land & Cattle Company

By: Cody Jorgensen

Its: General Partner

 


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