20240422 Nall AU lease with exhibits and maps.pdf

Auburn University 95 acre Nall Tract

HUNTING LEASE

THIS LEASE is entered into by and between Auburn University, (hereinafter referred to as "Lessor") and , the individual members of which are described in the membership list attached hereto and are hereinafter collectively referred to as "Lessee". All members listed in the attachment, or any substitute thereof, shall be considered individual Lessees under this agreement and shall be jointly and severally liable under this Lease. By entering into this agreement, Lessor and Lessee agree to the following provisions:

1) Lessor does hereby lease and let unto Lessee, for the rentals and term, and subject to the reservations and conditions hereinafter set forth in this lease and (more specifically) in “Exhibit A” as “Club Rules”, the exclusive right and privilege to hunt, fish, pursue, capture, shoot, kill and take away all legal types and species of game birds and game animals and for no other purpose on the following described tract or parcel of land situated in Covington & County, Alabama:

Those 95+/- acres belonging to Auburn University located in Covington County and managed by the Solon Dixon Center.

For description, see "Exhibit B", attached hereto and made a part of this agreement.

2) Lessee shall be limited to the following route of ingress and egress to the leased premises:

Ingress & egress is limited to existing roads and may require permission from adjoining landowners.

3) This Lease shall be for a term of 60 months, unless sooner terminated pursuant to provisions of this agreement hereinafter set forth. This agreement may be terminated on any anniversary date hereof by either party giving notice of such to the other no less than thirty (30) days prior to such termination, in which event Lessee shall be relieved of the obligation to pay further rental under the terms hereof and shall deliver immediate possession of the premises to Lessor.

Anything contained herein to the contrary notwithstanding, Lessee shall have access to the leased premises only during the following period, to-wit:

Year round with periodic restrictions related to educational usage.

4) Lessee shall not transfer, assign or sublease this agreement in whole or in part.

5) The consideration for which this lease is granted is an annual cash rental due as follows, to-wit:

$ x.xx for October 1, 2024 through September 30, 2025 ($ x.xx/acre);

$ x.xx for October 1, 2025 through September 30, 2026 ($ x.xx/acre);

$ x.xx for October 1, 2026 through September 30, 2027 ($ x.xx/acre);

$ x.xx for October 1, 2027 through September 30, 2028 ($ x.xx/acre);

$ x.xx for October 1, 2028 through September 30, 2029 ($ x.xx/acre);

These annual cash rentals shall be paid prior to October 1 of each lease year.

Failure to meet the above schedule shall give rise to the right of immediate cancellation of this lease by Lessor and no refunds shall be made on any partial payments.

6) Lessee may post the leased premises in accordance with Lessor's requirements.

Lessee may remove any interior fences, signs (other than posted signs), shooting houses or improvements it has placed on said lands, such removal to be during the term of this lease or within a thirty-day period following the date of termination. Lessee shall not have the right to remove any exterior or boundary fence or posted signs erected on the leased property.

7) In the event Lessee vacates the premises for any reason other than expiration of the term of the lease or Lessor exercises its rights to cancel or terminate this lease under the terms of said lease, any property that Lessee leaves on the premises shall be deemed to have been abandoned and may either be retained by Lessor as the property of Lessor or may be disposed of at public or private sale as Lessor sees fit.

8) Lessee shall at all times abide by and obey all Local, State and Federal hunting laws and regulations and Lessee shall be responsible for the conduct of Lessee’s guests or members in connection with said hunting laws and shall be responsible for any violation of said hunting laws or regulations by said Lessee, its guests or members. Any violation of the hunting laws or regulation of any governmental authority shall give rise to the right of immediate cancellation of this lease by Lessor upon written notice of Lessee and in the event of the cancellation of said lease due to violation of game laws by Lessee, its guests or members, no proration of the rent previously paid shall be made, same to be forfeited as liquidated damages and Lessee shall, upon receipt of such notice, immediately vacate and surrender unto Lessor possession of the leased premises.

9) Lessee agrees that persons observed on the premises and believed to be trespassers will be reported to Lessor and to appropriate local law enforcement.

No other action whatsoever is to be taken towards such persons.

10) Lessee shall not graze sheep, cattle or any other livestock on the leased premises, and shall not permit such to be done by any of its members, guests, servants or employees.

11) Lessee shall not construct any roads on said lands or alter existing roads without the prior written consent of Lessor. Lessor shall at all times have control over all structures, roads and improvements which it owns on the lands and may, from time-to-time, build on the leased premises and may limit and regulate the use of same. Control of water levels in lakes or impoundments presently situated or subsequently built on the leased premises shall likewise be controlled by Lessor, and Lessor shall be responsible for the maintenance thereof.

12) Lessee agrees to construct and maintain some form of “sign-in/sign-out” board at the main access point to the property. Board will contain a map of the property and will be used to identify the location of each member or guest while on the premises.

13) Lessee agrees to construct no permanent structures on the premises.

Furthermore, lessee will not permit camping of any kind, either primitive or in the form of campers, trailers, mobile homes or the like, on said property.

14) Lessee agrees to exercise extreme care in order that forest fires are avoided and to aid in the prevention and suppression of any fires encountered on said lands.

In addition to first notifying any local fire fighting officials, Lessee shall promptly report to Lessor all fires observed on the property and all potential fire dangers.

If at any time during the existence of this lease, Lessor, in the judgment of its Forest Manager, believes an extremely dangerous fire period to exist, it may notify Lessee in writing to suspend and temporarily vacate the leased premises until said dangerous fire period has passed. In this event, Lessor shall reimburse Lessee rents attributable to the suspension.

15) Lessor reserves the right, at any time, to sell all or a part of the lease premises or to commence farming operations on all or a part of the lease premises. In the event of a sale or the commencement of farming operation, Lessor shall give Lessee written notice describing the lands to be sold or farmed. Upon receiving such notice, Lessee shall have the option of either terminating the lease or continuing to lease the remaining portion of the leased premises at a rental rate reduced to proportion to the number of acres being deleted from the lease.

Lessee must notify Lessor within 30 days of the date of the written notice of Lessee’s desire to terminate the lease. Upon Lessee’s failure to give Lessor timely notice of termination, the lease shall be deemed to have been amended to delete the lands described in Lessor’s notice and to reduce the rental rate in proportion to the number of acres being deleted. Lessee shall refund to Lessee any unearned rent, which Lessee has already paid on those acres being deleted from the lease.

16) Guests are the responsibility of the membership and should only be allowed on the premises while in the accompaniment of an active member.

17) Lessee and guests shall be prohibited from hunting within one-quarter mile of any of Lessor’s timber, mining or farming operations. Lessee and guest shall be further prohibited from hunting within 50 yards of any public road.

18) At the time of the execution of this lease, Lessor shall be furnished a complete list of the membership of the lease club. A new list shall be furnished each year on the rental payment date hereinabove provided for and lessee shall notify Lessor immediately upon any changes in the Membership List so furnished.

19) Lessee agrees that all property of every kind, which may be on the premises during the continuance of this lease, whether, same is property of Lessor or Lessee, shall be there at the sole risk of Lessee. Lessor shall not be liable to Lessee or to any other person for any injury, loss or damage regardless of the nature thereof to any person or property on the leased premises. Lessee agrees to indemnify and hold harmless Lessor against any and all liability whatsoever for damages to any person or thing because of personal injury or property damage arising out of or resulting from Lessee’s use and enjoyment of the privileges herein granted, including but not limited to personal injury or property damage resulting from accidents, use of firearms or anything otherwise occurring on the leased premises during or connected with any hunting, fishing or any other activity organized or conducted by Lessee, its members, guests, servants or employees. Lessee agrees to likewise indemnify and hold harmless any landowner(s) that Lessor has obtained hunting rights from and that are subleased to the Lessee here under. Lessee assumes responsibility for the conditions of the premises and for any occurrences, which happen thereon, including use of roads or other facilities constructed or maintained by Lessor.

20) Lessee shall indemnify, defend and hold harmless Lessor, its directors, officers, employees and agents from any and all loss, damage, personal injury (including death at any time arising therefrom) and other claims arising directly or indirectly from or out of any occurrence in, upon, or at the said Lands or any part thereof relating to the use of said Land by Lessee, Lessee's invitees or any other person operating by, for or under Lessee pursuant to this Lease. Lessee further agrees to secure and maintain public liability insurance in connection with the use of the Land in such amounts and with such insurance companies as shall be agreeable to Lessor. This indemnity shall survive the termination, cancellation or expiration of this Lease. Lessee further agrees that all members will sign the Liability of Waiver and Indemnity Agreement provided as Exhibit “C”.

21) The Lessee shall, at its own expense, procure and maintain, without interruption during the entire term of this contract, insurance of the kinds and limits listed hereunder. Certificate(s) of insurance issued by the Lessee’s insurance carrier shall be furnished to Auburn University before beginning work and shall name Auburn University, its Board of Trustees, Faculty, Staff, and Agents as Additional Insured. The insurance coverages required under this contract are minimum limits required and are not intended to limit the responsibility or liability of the Lessee.

Auburn University maintains a policy through Outdoor Underwriters, LLC which meets the stated standards and is available upon request.

Commercial General Liability Insurance Commercial General Liability Insurance shall be written on an occurrence form and shall provide at minimum the following limits:

Each Occurrence $1,000,000 General Aggregate $1,000,000 Products-Completed Operations Aggregate $1,000,000 Contractual Liability $1,000,000 Personal & Advertising Injury $1,000,000

Damage to Rented Premises $ 300,000

Coverage shall include member-to-member liability coverage, guests’ liability coverage and liability coverage from use of mobile equipment (including ATV’s), tree stands and raised platforms.

All insurance coverage shall be issued by an insurer licensed by the Insurance Commissioner to conduct business in the State of Alabama and have a minimum current A.M. Best rating of A.

Each policy shall be endorsed to provide that the policy not be canceled, non-renewed, changed or allowed to lapse for any reason without ten (10) days of written notice to Auburn University. Insurance policies meeting the requirements stated above shall be maintained for the duration of the project.

Renewal certificates shall be sent to Auburn University thirty (30) days prior to any expiration date of coverage.

AU shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification or particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties or to underwriting on such policies.

22) NOTICE OF INCIDENT

Lessee shall inform The Solon Dixon Forestry Education Center of all incidents and/or accidents that occur on AU premises or that might otherwise give rise to a claim against AU and shall be responsible for providing appropriate written notification. Such notification shall be provided as soon as reasonably possible but will not exceed twenty four (24) hours after Lessee is aware of the incident/accident.

23) Lessee acknowledges that Lessor owns the property herein leased primarily for the growing of timber and for mineral development, and Lessee shall in no manner interfere with Lessor’s timber management operations or mineral operations or operations of Lessor’s mineral lessees on said lands, which operations may be conducted at any time, and Lessor reserves the right in its sole discretion at any time to cut, saw or remove any and all timber, wood or growth of any kind upon any or all portions of said lands.

24) Lessor reserves and shall have the right of ingress and egress into, over and across the said lands during the term of this lease at any time and for any reason it may deem necessary or desirable. Lessor further reserves the right to build itself or to grant rights-of-way over, on or under the leased premises for the construction of roads, pipe lines, power lines, ditches, canals or for any other purpose, which Lessor deems necessary.

25) Lessee shall not drive nails, spikes or metal objects into any trees or timber on the premises for any purpose whatsoever. Trees may be used for posting purposes provided only aluminum nails are used. All deer stands shall be portable and shall not be nailed to or otherwise permanently affixed to or built in trees.

26) Lessor reserves the right to deny access to the leased premises to any person or persons for any of the following reasons: drunkenness, carelessness with guns, violations of game laws, trespassing on property of adjoining landowners, acts which could reasonably be expected to strain relations with adjoining landowners, act which hinder mineral or timber operations of Lessor or its grantees, or any other activities which the ordinary reasonable person would consider objectionable, offensive or embarrassing to Lessor or be detrimental to the Lessor’s interests. Authority in matters arising under this paragraph shall rest with Lessor’s administrative staff and may result in the termination of this lease at the discretion of Lessor.

27) All minors permitted by Lessee to hunt or fish on the Leased Premises shall be under the direct supervision of one of their parents (or guardian). When children are present on the leased premises, the parents shall be fully responsible for their acts and safety and agree to hold Lessor harmless regardless of the nature of the cause of damage, whether property or personal injury to themselves or others.

28) Lessee agrees to inform its members and guests of their obligations and responsibilities under the lease. Lessee further agrees to furnish Lessor with a written copy of its By-Laws.

29) Lessee shall keep the lease premises free and clear of all litter created by

Lessee’s use of the premises. To secure the faithful performance of this condition of the lease, Lessee shall pay to Lessor a deposit of $250. If Lessee fails to keep the premises free and clear of litter, Lessor shall have the right to undertake the cleanup and apply the deposit toward the costs incurred by Lessor in cleaning up the lease premises. Upon the termination of the lease, Lessor shall return to Lessee that portion of the deposit, which has not been applied towards cleanup costs.

30) Spotlighting shall be prohibited on the lease premises.

31) All notices required to be given under the terms of this lease shall be addressed to the parties at the addresses shown as follows:

Lessor: Solon Dixon Forestry Education Center Auburn University Attn: Joel S. Martin 12130 Dixon Center Road Andalusia, AL 36420 334-222-7779 marti12@auburn.edu

Lessee: Xxxxx Xxxxxx

Xvxvxv Address

32) Any violation of the lease agreement by Lessee shall result in the cancellation of this lease agreement, at Lessor’s discretion, upon written notice to Lessee with no proration of the rent previously paid to be made and same to be forfeited as liquidated damages.

33) Modification of this lease or special provisions shall be made in writing and signed by Lessor and Lessee and attached to this original lease.

34) This Lease shall be governed and construed in accordance with the laws of the State of Alabama, without resort to any jurisdiction’s conflict-of-laws rules or doctrines. Any claim, action, or suit between Lessor and the Lessee that arises out of or relates to this Lease shall be brought and conducted solely and exclusively within the appropriate court for Lee County, Alabama; provided, however, that if any such claim, action or suit may be brought only in federal forum, it shall be brought and conducted solely and exclusively within the United States District Court for the Middle District of Alabama. The Lessee hereby consents to the personal jurisdiction of said courts.

35) To the full extent allowed by law, during the Term of this Lease, Lessee agrees that this Lease and any information of any kind related to each Parties’ performance under this Lease including but not limited to the name and proprietary trademarks of Lessor, payment amounts and terms (the “Confidential Information”) shall be kept strictly confidential and shall not be published or otherwise disclosed to any person in any manner whatsoever, including by means of photocopy or reproduction, without the Lessor’s prior written consent.

Lessee shall be entitled to disclose Confidential Information without Lessor’s prior written consent to immediate family members, or to attorneys, consultants, real estate brokers, and accountants who have a clear need to know in order to render legal or financial advice with respect to this Lease;

provided, however, that the Lessee shall in all events be responsible to the Lessor for any action or inaction of such immediate family members or third parties that would violate the confidentiality provisions of this Lease, as if the action or inaction had been that of the Lessee directly.

THIS AGREEMENT made and entered on this _______ day of _____________, 2024, in the presence of the undersigned competent witnesses.

Lessor:

Auburn University Sign: ________________________________

Witnesses as to Lessor: 1) ___________ ________________

Lessee: Print: _______________________________

Sign: _______________________________

Witnesses as to Lessee: 1) ____________ _______________

Exhibit “A” - RULES FOR NALL HUNTING LEASES

1. Educational, land management & research uses of the Center will take precedence over other uses. Every effort will be made by the Center to avoid conflicts, but where they are unavoidable, for the sake of safety and the overall mission of the Center, the club may periodically be excluded from portions of the land.

2. Lessor agrees to exercise all reasonable care in scheduling educational, land management & research activities so as to minimize conflicts with lessee’s use of the land.

3. Lessee agrees to cut no trees or clear any portion of the land for any purpose without permission of the lessor.

4. Permanent stands or structures will be erected only with prior approval of the lessor.

5. Lessee agrees to exercise all due caution in regard to the traffic on woods roads, speed limits, and vehicular passage through the Solon Dixon Forestry Education Center grounds.

6. Lessee agrees to limit all motorized vehicles to travel on and over established roads. Off-road travel by any motorized vehicle is prohibited. Lessee agrees not to travel on roads designated as “closed” by lessor for maintenance, safety or other such purposes.

7. All members will sign in & out of woods for each hunt at one designated area.

Sign-in will include names of those hunting, date, time and a map location. Such information is primarily for safety, thus members should make every effort to sign-out after each hunt.

8. Lessee (members & guests) agrees to bring all animals harvested in at designated check station and record appropriate biological data.

9. Lessor will maintain materials at check station to insure accurate data collection

(i.e. scales, tapes, data sheets, etc).

10. No dog deer hunting is permitted.

11. Hogs are a non-native animal and are not considered a recreational commodity on Center lands, however hogs are considered a detriment too many of the Center’s objectives (i.e. longleaf management, agriculture, road maintenance, wildlife management, etc). It is requested that all hogs be shot on sight by lessee and members. No “recreational hunting” of hogs with dogs will be permitted to lessee. Any use of dogs will be strictly for “hog control & permanent removal” and will be coordinated by the Center outside of normal hunting seasons or hours. Due to conflicts with hogs and Alabama State game regulations, no feeding of corn will be permitted without approval of the Director.

12. Lessee agrees to protect the land from littering and other abuse.

13. Lessor will plant and maintain food plots on the land as management plans and funds allow.

14. There will be no hunting within the area immediately around the Auburn Forestry Center as marked by a colored line and within the area around the Fishpond Cabin as marked by a colored line.

15. The Rome house will be available for use by lessee and members on a “first come, first served” basis, including use by Auburn Forestry & Wildlife students.

Use of the house by Auburn will be coordinated with club to avoid conflicts.

16. Lessor reserves the right to hunt on the land and to invite guests, but agrees to exercise all reasonable care to avoid interfering with lessee’s use of the land for the purposes of hunting.

17. Lessee will minimize access to Center buildings unless prior arrangements have been made with lessor.

18. A copy of “exhibit A” shall be provided to all members of the Dixon Conservation Society. A copy of the “lease” document will be made available for review by any and all members at the club sign out station.

Exhibit “B”: Land Description of Auburn University Lands (+/- 95 acres)

Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community

Nall Tract (95 +/- acres) Auburn University

Covington Couny, AL

0 0.5 10.25 Miles Legend

Nall Tract Boundary approx (95+/- acres) Alabama Counties

Lat: 31.48032 Long: -86.56156

Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community

¯ Nall Tract (95 +/- acres) Auburn University

Covington County, AL

0 660 1,320330 FeetLegend Nall Tract Boundary approx (95+/- acres)

Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

¯ Nall Tract (95 +/- acres) Auburn University

Covington County, AL

0 330 660165 FeetLegend Nall Tract Boundary approx (95+/- acres)

Exhibit “C” - Liability Waiver and Indemnity Agreement

Auburn University 95 acre Nall Tract lease

I, ________________________________________, understand that a Hunting Lease exists between Auburn University (“Lessor”) and the XYZ Hunt Club (“Lessee”).

Further, I acknowledge and accept that Lessee, members and guests agree that all property of every kind, which may be on the premises during the continuance of this lease, whether, same is property of Lessor or Lessee, shall be there at the sole risk of Lessee. Lessor shall not be liable to Lessee, members, guests or to any other person for any injury, loss or damage regardless of the nature thereof to any person or property on the leased premises. Lessee, it’s members and guests agree to indemnify and hold harmless Lessor against any and all liability whatsoever for damages to any person or thing because of personal injury or property damage arising out of or resulting from Lessee’s use and enjoyment of the privileges herein granted, including but not limited to personal injury or property damage resulting from accidents, use of firearms or anything otherwise occurring on the leased premises during or connected with any hunting, fishing or any other activity organized or conducted by Lessee, its members, guests, servants or employees. Lessee agrees to likewise indemnify and hold harmless any landowner(s) that Lessor has obtained hunting rights from and that are subleased to the Lessee here under. Lessee assumes responsibility for the conditions of the premises and for any occurrences, which happen thereon, including use of roads or other facilities constructed or maintained by Lessor.

Sign:__________________________________

Print:__________________________________

Date:__________________________________