"Hunting and Fishing Lease Form - 16th Section Public School Trust Land" - Mississippi

Hunting and Fishing Lease Form - 16th Section Public School Trust Land is a legal document that was released by the Mississippi Secretary of State - a government authority operating within Mississippi.

Form Details:

  • Released on July 9, 2009;
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Download "Hunting and Fishing Lease Form - 16th Section Public School Trust Land" - Mississippi

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Prepared by:
Return to:
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_________________, ___________________ _________________, ___________________
(______) ______-______________________
(______) ______-______________________
STATE OF MISSISSIPPI
COUNTY OF _______________________
HUNTING AND FISHING LEASE
TH
16
SECTION PUBLIC SCHOOL TRUST LAND
THIS 16TH SECTION PUBLIC SCHOOL TRUST LANDS HUNTING AND FISHING
LEASE AGREEMENT, (hereinafter “Lease Agreement”), is made and entered into this the
________ day of _____________________, 2______ by and between the LESSOR,
_______________________________
_______________________________
_______________________________
_______________________________
(______) ______-_________________
and LESSEE,
______________________________
______________________________
______________________________
______________________________
(______) ______-________________
INDEXING INSTRUCTIONS:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
SOS Hunting and Fishing Lease Form (modified July 9, 2009)
Page 1 of 13
Prepared by:
Return to:
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_________________, ___________________ _________________, ___________________
(______) ______-______________________
(______) ______-______________________
STATE OF MISSISSIPPI
COUNTY OF _______________________
HUNTING AND FISHING LEASE
TH
16
SECTION PUBLIC SCHOOL TRUST LAND
THIS 16TH SECTION PUBLIC SCHOOL TRUST LANDS HUNTING AND FISHING
LEASE AGREEMENT, (hereinafter “Lease Agreement”), is made and entered into this the
________ day of _____________________, 2______ by and between the LESSOR,
_______________________________
_______________________________
_______________________________
_______________________________
(______) ______-_________________
and LESSEE,
______________________________
______________________________
______________________________
______________________________
(______) ______-________________
INDEXING INSTRUCTIONS:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
SOS Hunting and Fishing Lease Form (modified July 9, 2009)
Page 1 of 13
WITNESSETH:
That, for the term and in consideration of the rentals hereinafter set forth, and the
covenants, conditions, and obligations to be observed and performed by LESSEE, and by the
authority and under the direction of the LESSOR, as recorded in Minute Book _____________,
Page __________, LESSOR does hereby lease and rent unto LESSEE the following
described land ( hereinafter the "Leased Premises") to-wit:
Section
___________
Township
___________
Range
__________
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED BY REFERENCE AS IF COPIED FULLY HEREIN.
1. Term. Subject to the other provisions herein contained, the term of this Lease Agreement
shall be for ___________________(___) years, beginning the _______ day of ____________,
2_____, and ending on the ___________ day of ___________, 2_____ (called the "primary
term"). For purposes of
this Lease Agreement the Anniversary Date shall be
_______________ of each year.
Provided that this lease has not been terminated prior to the expiration date hereof and that
LESSEE is in compliance with all terms and provisions of this lease, LESSEE may extend this
lease upon the terms and in the manner provided in MISS. CODE ANN. 1972 §29-3-41 or
such other statute as then may be applicable.
2. Annual Rent. LESSEE covenants and agrees to pay as rent to LESSOR the sum of
___________________________________________________________________________
($________________________ per annum, on or before the Anniversary Date of this lease
each year; provided, however, that the payment of rent for the first year of this lease shall be
due at the time of approval by the LESSOR. The obligation of LESSEE to pay rent under this
Lease Agreement is unconditional, and the rent shall not be subject to set off for any reason or
cause. LESSOR and LESSEE agree that in the event of termination or cancellation, any rental
payment made during the term of this Lease Agreement is not refundable, and LESSEE
waives any right or claim it may have to refund of rent paid. In the event LESSEE is delinquent
in the payment of rent, LESSEE shall pay a late charge equal to fifteen percent (15%) of the
amount of rent past due for more than 30 days and thereafter shall pay interest on any rent
past due at an annual rate (the “Default Rate”) equal to the maximum rate then allowed by law
or, if there is no maximum rate, then a rate equal to five percent per annum above the discount
rate, excluding any surcharge thereon, on ninety-day commercial paper in effect at the Federal
Reserve Bank in the Federal Reserve district in which LESSOR is located, calculated
according to the actuarial method.
3. Taxes. LESSEE covenants and agrees to pay any and all general and special taxes and
assessments, including drainage taxes, if ever any there be, applicable to the Leased
Premises and LESSEE'S interest therein; further, LESSEE covenants and agrees to pay any
and all survey costs and recording fees in connection with this Lease Agreement or any other
fees so determined by law. All payments for general and special taxes and assessments,
including drainage taxes shall be made directly to the governmental authority responsible for
SOS Hunting and Fishing Lease Form (modified July 9, 2009)
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collecting such taxes and assessments. During the final year of the lease term, LESSOR or
the governmental authority responsible for collecting taxes and assessments may require
payment of any such taxes or assessments in advance or require that other security be given
to insure that taxes will be paid when due. In the event it becomes necessary for the County
Tax Collector or any other authority responsible for collecting general and special taxes or
assessments to retain the services of attorneys to collect any taxes or assessments due from
LESSEE under this lease, then LESSEE agrees to pay all costs and expenses of such actions
or collections, including a reasonable attorneys' fee for the County Tax Collector or such other
authority responsible for collecting said taxes or assessments.
4. Forest Lands Purpose. The Leased Premises covered by this lease is classified as
FORESTLAND as provided by law. LESSEE recognizes, understands and acknowledges that
LESSOR holds the Leased Premises for the purpose of planting, growing, protecting,
maintaining, conserving, and harvesting therefrom trees, timber, pulpwood, and other forest
products. Therefore, LESSEE'S exercise of any of its rights under this agreement shall in no
way impede or hinder LESSOR in the full development, use, protection and enjoyment of said
land as above described, and if it becomes necessary, expedient or advisable for LESSOR to
prohibit, curtail, or suspend all hunting and or fishing on the Leased Premises, LESSOR shall
have the right to do so upon written notice thereof to LESSEE, or LESSOR may cancel this
lease as provided hereinafter. LESSEE further agrees that all rights, titles, and privileges
hereunder granted are, and shall be all times expressly subject to LESSOR'S basic and
primary right to prevent any fires, waste, nuisance, or unnecessary injury to said property or to
the commercial values thereof.
5. Default. Any one of the following events shall constitute ground for immediate DEFAULT of
this lease, at LESSOR'S option:
i.
Failure to pay rent, or any taxes or assessments within 60 days after the due date
thereof;
ii.
Use of the Leased Premises for commercial hunting operation;
iii.
Any breach by LESSEE of any covenant, duty or obligation of this Lease Agreement.
In the event of LESSEE'S breach of any covenant or obligation contained in this lease,
excepting the obligation to pay rent, taxes or assessments, LESSEE shall be entitled to notice
in writing of the breach and shall have thirty (30) days from the date of the notice to cure or
correct such breach. Upon the failure of LESSEE to correct or cure such breach, LESSOR
shall have the option to declare this lease in immediate default. No notice to LESSEE is
required prior to declaring this lease in default for the failure to pay any rent, tax, or
assessment hereunder. LESSOR'S failure to assert any grounds for default shall not be
deemed a waiver of the right to do so at any later time.
6. Remedies. Upon declaring this lease in default, LESSOR shall have the following rights
and may exercise anyone or more of the following remedies in addition to such other rights,
remedies, penalties and liens as may be allowed by other provision of this lease, by law or in
equity: (a) LESSOR may declare this lease terminated and may then enter upon and take
possession of the Leased Premises; LESSOR shall not be obligated to re-let the premises, but
any amount received pursuant to any subsequent lease shall be the exclusive property of
LESSOR; (b) LESSOR may declare all rent for the remaining term of the lease to be
SOS Hunting and Fishing Lease Form (modified July 9, 2009)
Page 3 of 13
immediately due and payable and LESSEE shall be liable therefor with interest until paid at the
highest rate allowed by law; upon failure to pay the same promptly, LESSOR may declare this
lease terminated and may collect the accelerated amount of rentals due without credit to
LESSEE for any sums received on re-letting; (c) LESSOR may permit this lease to remain in
force and may collect rents in intervals or as the same accrue; (d) LESSOR may require
specific performance of LESSEE'S obligations with respect to condition of the premises or may
hold LESSEE liable for the cost of performing such obligations.
7. Breach of Lease Agreement. If LESSEE breaches any of the provisions of this Lease
Agreement and fails to cure the same after thirty (30) days written notice from LESSOR (as to
a breach for which notice is applicable), then LESSEE, in addition to any other damages for
which it may be responsible, shall pay LESSOR its reasonable costs and expenses in
enforcing the Lease Agreement, including but not limited to fees charged by attorneys, expert
witnesses, surveyors and appraisers.
8. Assignment. This lease SHALL NOT BE ASSIGNED OR SUBLEASED. Assignment or
sublease of this Lease Agreement or any rights hereunder shall automatically terminate this
lease without any further notice or action by LESSOR.
9. Notices. All notices specified by this instrument shall be in writing and sent by registered or
certified mail, postage prepaid to the following addresses or hand-delivered in person,
delivered by facsimile or otherwise to the following persons. By written notice, either party may
change the persons or addresses to whom notice shall be given.
16th Section Manager
_____________________________________________
________________________, Mississippi ___________
(_____) _____-_____________
To LESSEE:
_____________________________________________
_______________________, _____________________
(_____) _____-_________
10. Indemnification.
LESSEE shall protect, indemnify, defend save, and hold harmless
LESSOR, the State of Mississippi, and the Secretary of State, their officers, board members,
employees and agents, from and against all claims, demands, liabilities, suits, injuries, and any
and all losses or damages and cost of every kind and nature whatsoever (“loss”), including but
not limited to all court costs and attorneys fees and all personal injury or death and/or damage
to any person or entity including, but not limited to, LESSOR and its property or other loss
arising out of any alleged noncompliance with laws or caused by LESSEE'S exercise of its
rights under this Lease Agreement and/or resulting from the actions or omission of LESSEE in
connection with its presence on or any use of the Leased Premises by LESSEE, its officers,
agents, subcontractors, employees or invitees. Provided, however, it is understood that the
indemnity provided by LESSEE as described in this paragraph shall not extend to intentional or
negligent acts of LESSOR, its officers, or agents. In the event the intentional or negligent acts
of LESSOR, its officers or agents, are not the direct and sole proximate cause for one hundred
SOS Hunting and Fishing Lease Form (modified July 9, 2009)
Page 4 of 13
percent (100%) of the loss of claim, LESSEE shall be responsible to fulfill its obligations under
this paragraph for the percentage of liability not attributable to LESSOR, its officers or agents.
11. Condemnation. If the whole of the Leased Premises, or such portion thereof as will make
the Leased Premises unsuitable for LESSEE'S permitted activities, should be condemned for
any public use or conveyed under threat of condemnation, then this lease shall terminate on
the date possession is acquired by the condemning authority, and rent shall be apportioned as
of that date. All compensation awarded or paid upon such total or partial taking of the Leased
Premises shall belong to LESSOR without participation by LESSEE except to the extent the
award fairly represents the value of improvements which are the property of LESSEE. It is
provided, however, that nothing herein shall preclude LESSEE from prosecuting any claim
directly against the condemning authority for damages or any other amounts to which a tenant
may be entitled provided that no such claim shall diminish or otherwise adversely affect the
amount of LESSOR’S award.
12. General Duties of LESSEE. LESSEE expressly covenants and agrees:
(a) To use every precaution to protect the aforesaid timber, trees, and forest products from
fire or other damage, and to that end, LESSEE will assist and exercise every effort in
putting out any fire that may occur on said lands. In the event that any fire shall be
willfully or negligently started or allowed to escape on said lands by LESSEE, LESSOR
shall have the right immediately to cancel this lease without notice, and any unearned
rentals heretofore paid shall be forfeited to LESSOR. In addition, LESSOR shall be
entitled to recover from LESSEE any damages which LESSOR sustains as the result of
such fire;
(b) Not to damage any tree or tree seedlings in any way, nor cut or pierce any tree of any
kind, dead or alive, and not to attach any stand or blind or other paraphernalia to any
tree of any kind except with the prior written permission of the County Forester or
authorized timber manager; and further, to assume responsibility, and to pay for any
trees, timber, or other forest products that may be cut, used, damaged and/or removed
from said lands by LESSEE;
(c) To comply, and to require compliance by all persons to whom hunting and/or fishing
privileges as aforesaid shall be extended hereunder, with all laws, rules and regulations
now existing or hereinafter enacted by any county, state, or federal authority with
respect to uses and activities permitted hereunder. Any violation of any such laws,
rules or regulations shall constitute a material breach of this lease and shall give
LESSOR the right and privilege of canceling this lease, with or without notice, and in
such an event any unearned rentals paid hereunder shall be forfeited to LESSOR as
liquidated damages for breach of this agreement. Bag limits and fishing limits and the
length of hunting and fishing seasons shall strictly conform to the effective local, state or
federal game laws and regulations;
(d) To exercise all reasonable precautions in and about the enjoyment of LESSEE'S rights
hereunder with respect to LESSEE'S safety and the safety of others using said
privileges under LESSEE'S authority;
(e) Not to construct or install upon said lands any plantings, food plots, roads, bridges,
fences, camps, buildings, lodges, shelters, docks, dog pens, piers, landings or other
structures, permanent or temporary, without having first obtained in writing the consent
of LESSOR thereto;
SOS Hunting and Fishing Lease Form (modified July 9, 2009)
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