"Hunting Lease Form" - Mississippi

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Download "Hunting Lease Form" - Mississippi

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HUNTING LEASE
State of Mississippi
County of ____________________
Subject to the terms and conditions set forth in this HUNTING LEASE AGREEMENT,
(hereinafter called LESSOR) does hereby grant to
(hereinafter called LESSEE) the right to access, hunt and shoot the game species as listed in Section 3.A,
subject to the stipulations and conditions hereinafter set forth and only at such times as hunting and
shooting are permitted by the laws and regulations of the United States and the State of Mississippi in force
and effort, on the tract or tracts of land described in Section 1.
1. PROPERTY DESCRIPTION
(Refer to an Attached Map)
2. PAYMENT, TERMS, AND RENEWAL
A.
The property referred to in this agreement shall be understood as comprising a total of
______________________________ acres, more or less.
B.
The LESSEE hereby agrees to:
a. Year 1. Pay to the LESSOR the sum of ($) _____________________ per acre,
totaling ($) ____________________ on or before (date) _____________________.
b. Year 2. Pay to the LESSOR the sum of ($) _____________________ per acre,
totaling ($) ____________________ on or before (date) ___________________ _.
c.
Year 3. Pay to the LESSOR the sum of ($) _____________________ per acre,
totaling ($) ____________________ on or before (date)
______________________.
C.
Bid deposits received shall be applied and deducted from the total amount of the lease fee.
Should LESSEE fail to pay the full amount by the required date, the LESSOR may consider
this act as a breach of contract, and at their desecration, accept the bid deposit as liquidated
damages.
D.
The term of this lease shall run from (date) ________________ to (date)
________________.
E.
This agreement automatically will be renewed on an annual basis unless written notice is
delivered on or before (date) _________________________________.
3.
RIGHTS INCLUDED
The rights herein granted are restricted solely to;
A. Hunting and shooting the following species;
a. Whitetail Deer
b. Wild Turkey
c.
Common Grey Squirrel
d. Rabbit
e. Ducks
f.
Opossum, Raccoon, & Bobcats
g. Nuisance species such as Coyote, Crows and Beaver may be taken at any time as law
allows.
B. The methods of hunting include all legal methods (bow, muzzleloader, shotgun, & rifle) except
the hunting of deer with dogs.
C. Fishing within property boundaries along Fair River.
D. Camping at designated camping areas.
4. LEASEHOLDER RESPONSIBILITIES
A. LESSEE ORGANIZATION: If the LESSEE is an organization composed of several members, the
term “LESSEE” and the terms of this lease, its stipulations and conditions shall apply to each and
every member and failure to comply will subject the club or organization to liability under the
provisions contained within this lease agreement. The terms of this lease and its stipulations and
HUNTING LEASE
State of Mississippi
County of ____________________
Subject to the terms and conditions set forth in this HUNTING LEASE AGREEMENT,
(hereinafter called LESSOR) does hereby grant to
(hereinafter called LESSEE) the right to access, hunt and shoot the game species as listed in Section 3.A,
subject to the stipulations and conditions hereinafter set forth and only at such times as hunting and
shooting are permitted by the laws and regulations of the United States and the State of Mississippi in force
and effort, on the tract or tracts of land described in Section 1.
1. PROPERTY DESCRIPTION
(Refer to an Attached Map)
2. PAYMENT, TERMS, AND RENEWAL
A.
The property referred to in this agreement shall be understood as comprising a total of
______________________________ acres, more or less.
B.
The LESSEE hereby agrees to:
a. Year 1. Pay to the LESSOR the sum of ($) _____________________ per acre,
totaling ($) ____________________ on or before (date) _____________________.
b. Year 2. Pay to the LESSOR the sum of ($) _____________________ per acre,
totaling ($) ____________________ on or before (date) ___________________ _.
c.
Year 3. Pay to the LESSOR the sum of ($) _____________________ per acre,
totaling ($) ____________________ on or before (date)
______________________.
C.
Bid deposits received shall be applied and deducted from the total amount of the lease fee.
Should LESSEE fail to pay the full amount by the required date, the LESSOR may consider
this act as a breach of contract, and at their desecration, accept the bid deposit as liquidated
damages.
D.
The term of this lease shall run from (date) ________________ to (date)
________________.
E.
This agreement automatically will be renewed on an annual basis unless written notice is
delivered on or before (date) _________________________________.
3.
RIGHTS INCLUDED
The rights herein granted are restricted solely to;
A. Hunting and shooting the following species;
a. Whitetail Deer
b. Wild Turkey
c.
Common Grey Squirrel
d. Rabbit
e. Ducks
f.
Opossum, Raccoon, & Bobcats
g. Nuisance species such as Coyote, Crows and Beaver may be taken at any time as law
allows.
B. The methods of hunting include all legal methods (bow, muzzleloader, shotgun, & rifle) except
the hunting of deer with dogs.
C. Fishing within property boundaries along Fair River.
D. Camping at designated camping areas.
4. LEASEHOLDER RESPONSIBILITIES
A. LESSEE ORGANIZATION: If the LESSEE is an organization composed of several members, the
term “LESSEE” and the terms of this lease, its stipulations and conditions shall apply to each and
every member and failure to comply will subject the club or organization to liability under the
provisions contained within this lease agreement. The terms of this lease and its stipulations and
conditions shall also apply to any and all guests of the organization. Members and Guest must
NOT have been convicted of a game violation in any state for the previous three calendar years.
Any violation of federal or state game laws and regulations on the premises by any individual
authorized to hunt on the tract may result in immediate termination of the lease
B. LESSEE MEMBERS LIST AND IDENTIFICATION: LESSOR will be furnished with a complete list of
members, guests and licensees with officer's addresses and phone numbers. LESSOR will be
notified in writing of all changes in LESSEE's membership and officers throughout the term of the
lease. LESSEE shall provide a written copy of club rules, organization, and bylaws to LESSOR.
All members shall have in their possession a membership card valid for the current season,
listing his or her name and signed in ink by the club president or representative. LESSEE will
also maintain a sign in board which will contain the following information
1. The identity of the members/guest and where they are located while hunting while afield.
2. Written Copy of club rules
3. Records of all game harvested and supply these records to the LESSOR
4. Map of the property to be provided by LESSOR
5. News of any scheduled forestry or land management activities.
E.
SUBLEASING: LESSEE agrees not to sublease, license or otherwise transfer any of the rights or
privileges granted by this lease and only the LESSEE, MEMBERS and his GUESTS shall have
hunting rights on the leased area during the term of this lease except those reserved as follows:
(RESERVED HUNTING RIGHTS)
.
F. STATE LAWS: The LESSEE will conform strictly to local, state, and federal laws and regulations
governing hunting and shooting; the LESSEE will report all violations of laws and regulations and
will assist law enforcement officers. If the hunting season begins after the date this lease
commences, or ends before the termination of the lease, the term of this lease will be reduced to
conform to applicable regulations.
G. TOXIC SUBSTANCES, ZONING & ENVIRONMENTAL: LESSEE shall not allow any toxic substances
or hazardous wastes to be stored upon the Leased Premises or utilized in the LESSEE's
operations on the Leased Premises, except those substances which may be considered toxic and
which are commercially available and customarily used in exercising the rights granted herein,
and LESSEE's use of the Leased Premises shall fully comply with all applicable building and
zoning codes and other land use regulations, any applicable environmental laws or regulations
and any other applicable laws or regulations.
H. SAFETY ZONES: Hunting and shooting are prohibited within 75 yards of any occupied dwelling
or within any designated safety zone.
I.
POSTING LAND: The LESSEE will post the boundaries of the leased property with durable signs
that include the name and address of the LESSEE.
J.
FOREST FIRES: The LESSEE will exercise due care to prevent forest fires on the property and,
will extinguish any unsupervised fire, without cost to the LESSOR, if the fire occurs when LESSEE
is using the property.
K. TIMBER DAMAGES: The LESSEE will not cut, use, destroy, drive, or screw any object, in timber
growing on the leased lands; and will not make or suffer any waste thereon. Timber found
damaged or destroyed by LESSOR without prior approval will be assessed at a rate of twice the
stumpage value of said timber.
L. FOOD PLOTS: LESSEE will get approval from representatives of Forest Pro L.L.C. or LESSOR
before installing any new food plots on said property. Open areas located within various right-
of-ways and previously existing food plots may be maintained and planted without approval.
LESSEE understands that timber management activities may require the use of food plots for
other purposes and that LESSOR bears no responsibility for any damages done within planted
areas. LESSOR may elect to convert the use of existing food plots to timber growing at any
time.
M. STRUCTURES: LESSEE will remove all structures including deer stands, campers, and other non
attached buildings placed or constructed by LESSEE from the lease area at termination of this
lease unless prearranged with LESSOR. Any structures not removed will become the property of
the LESSOR.
N. LIMITED NUMBER OF HUNTERS: To provide a quality hunting experience and maintain an
adequate level of game species the LESSEE agrees to limit number of hunters (members &
guest) so not to exceed one hunter per one hundred acres (1/100) of land in the total. The
number of hunters hunting on lease property at any one time shall not to exceed
____________________________.
O. INSURANCE: LESSEE shall provide proof of general liability insurance, with the LESSOR(s) &
Forest Pro LLC named as co-insured, in the amount of ONE MILLION DOLLARS ($1,000,000) with
a company licensed and approved to do business in Mississippi.
P. FOREST MANAGEMENT: The right to hunt and shoot is subject to any rights that the LESSOR(s)
may care to exercise over the land. LESSEE acknowledges that LESSOR(s) are in the timber
growing business and timber cutting, planting or other forestry or land management practices
may be conducted at any time of the year. Forest and land management activities will take
precedence over hunting activities. Notification of any forestry or land management
activities will be posted on the club sign in board.
Q. PROPERTY PROTECTION: No agreement, plan or program concerning the regulation of animal
populations or management of water, land or other natural resources on said land shall be made
by LESSEE with any local, state, federal or private agency, without prior written approval of
LESSOR. The release of feral swine and other domestic, exotic game or non-game species
whether pen-reared or wild, is strictly prohibited except for state and federally coordinated
restocking with written approval from LESSOR.LESSEE has inspected the leased premises and
accepts same in an "as is" condition.
LEASEHOLDER BEHAVIOR
TO ADJOINING LANDOWNERS: The LESSEE agrees to respect the rights of adjoining Landowners
and clubs, to conduct all activities on or around said land in a courteous manner and to be solely
responsible for promptly resolving any problems with adjoining landowners or clubs that may arise
from LESSEE's activities. The LESSEE agrees not to hunt, shoot or take game from property joining
that of LESSOR unless written permission has been granted from said adjacent landowners. The
approval of adjoining landowners will be required before retrieval of injured game.
TO CAMPGROUNDS: The LESSOR will provide an area for a campground to LESSEE provided that:
1. Buildings and campers placed on the property are in good physical and structural condition.
2. Campgrounds are kept clean and free of debris.
3. LESSOR is responsible for all cost associated with the development, operation, and disposal
of said campground.
4. LESSEE acknowledges that hunting is a social activity, but no loud parties or disturbance of
the peace will be allowed. If activities violate the minimal thresholds of common law then
they violate the terms of the lease.
5. Any sewage generated by the campgrounds shall be disposed of properly as designated by
Mississippi State Board of Health and meet the guidelines of the set forth by the local county
health department.
SAFETY: LESSEE will maintain a list of safety guidelines and will post the safety guidelines on the
sign in board. Any accidents or near misses will be recorded on the sign in board. Additionally a
safety meeting will be held annually for the entire membership, and safety procedures will be
reviewed, and if necessary enhanced. A review of the prior season’s accidents or near misses will be
discussed with the membership as well as possible ways to have avoided these accidents.
TRESPASSERS: The LESSEE will use common sense in dealing with any suspected trespasser. A
name and address may be asked of the trespasser but threats or pointing of weapons is not allowed.
All information about suspected trespassers will be submitted to the proper authorities.
TRASH DISPOSAL: Any and all campsites, clubhouse grounds, or gathering places on the property
shall be kept free of litter. Receptacles for trash may be placed within the leased areas and emptied
by club members at the county landfill or in county-serviced dumpsters.
ANIMAL REMAINS DISPOSAL: LESSEE agrees to dispose of animal remains in a dug out pit at least
300 feet from camp, public roads, residences, and any water courses. Pit should be constructed in
non-porous soils and in non-flooding areas.
ROAD USE; Vehicles shall be parked in designated areas. Use of roads by trucks or automobiles shall
be restricted to dry weather conditions. Use of roads shall be restricted to ATV or other recreational
vehicles during wet weather conditions. LESSEE covenants and agrees to maintain all roads,
structures and other aspects of the premises in a manner satisfactory for the conduct of hunting on
leased premises. No new roads or trails will be established without prior written consent from
LESSOR or their agent Forest Pro L.L.C...
GATES: The LESSEE has the right to install gates at their own expense and will provide LESSOR
with any keys or combinations to locks that LESSEE establishes.
LEASE CANCELLATION
It is mutually agreed that failure to abide by the terms and stipulations above by any person present
on the leased area under this lease will constitute cause for the forfeiture of all hunting rights,
deposits and fees.
Shall the LESSEE fail to comply, in the opinion of the LESSOR, strictly with the terms of this lease;
the LESSOR reserves the right to cancel this lease forthwith without any liability whatsoever. Should
the LESSOR elect to cancel this lease, a letter addressed to the LESSEE (President of the leasing
organization), canceling the lease, will be accepted as sufficient notice by all parties herein referred
to.
The LESSOR may cancel this lease even though the LESSEE has complied with its terms; but the
LESSOR will refund to the LESSEE the prorated amount based on the number of days remaining
before lease expiration, without further liability whatsoever to the LESSEE.
LESSOR PROTECTION
LESSEE recognizes the inherent dangers associated with hunting, both natural and human-created.
LESSEE recognizes that accidents involving firearms, ammunition, falling trees, hidden ground
openings poisonous plants and animals and various other dangers may forcibly occur on the
premises aforementioned. LESSEE acknowledges his/her recognition of these dangers and the
possible existence of dangerous physical conditions upon the premises such as, but not limited to,
those described on the enclosed map. The Leased Premises are being leased in their "as is"
condition, and LESSOR makes no covenants, warranties or representations as to the condition or
state of the Leased Premises whatsoever. Without limitation of the foregoing, LESSOR specifically
disclaims any express or implied covenants, warranties or representations (a) as to the past, present
or future existence of any toxic substances or hazardous wastes on or under the Leased Premises or
the improvements located thereon, (b) as to the compliance by the Leased Premises or the use
thereof with any applicable building or zoning codes or other land use regulations, any applicable
environmental laws or regulations, or any other applicable laws or regulation, or of fitness for a
particular purpose or of habitability of the Leased Premises. With the aforementioned recognitions in
mind, The LESSOR assumes no responsibility for the safety of the LESSEE in the exercise of the
rights granted by this agreement. The LESSEE hereby assumes all such responsibility. LESSEE
agrees to defend, indemnify, and hold harmless LESSOR and all of his/her family, servants,
employees and agents from all claims, demands, suits, losses, actions, personal injuries, deaths,
property liability and all other liability of whatsoever nature, kind, and description, resulting directly
or indirectly from or on account of the operations of the LESSEE hereunder, by LESSEE or LESSEE’s
guests on the premises heretofore mentioned, said obligation to indemnify extending to the
reimbursement of LESSOR for all expenses and suits including but not limited to, judgments,
attorney’s fees, court costs, and all the expenses of any kind and character, and in the event the
judgment is rendered against Lesser in any such action, to satisfy the same. Each member of the
LESSEE organization will be jointly liable to indemnify and hold the LESSOR harmless. The foregoing
covenants, warranties and representations of the LESSEE and the foregoing indemnification
provisions shall survive the termination of this lease.
In case any one or more of the provisions contained in this lease shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, all other provisions and this agreement shall be
constructed as if such invalid, illegal, or unenforceable provision has never been contained herein.
Witness our signatures, this the ______day of August, 200_.
Signed:
Primary LESSEE
Date
Signed:
Witness
Date
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