25Crooked Oaks Hunting Lease 2025 Rev 2.pdf

STATE OF ALABAMA )

MACON COUNTY )

HUNTING RIGHTS LICENSE

This License Agreement (the "License Agreement") made and entered into as of the day of , 2025 between AUBURN UNIVERSITY, an Alabama public corporation, on behalf of its COLLEGE OF FORESTRY, WILDLIFE, AND ENVIRONMENT (the ''Licensor"), _______ (together, the "Licensee").

WHEREAS, Licensor desires to grant a license for hunting rights on certain real property hereinafter described to a suitable Licensee; and

WHEREAS, Licensee desires a license for hunting rights on certain real property hereinafter described (the "License"); and

WHEREAS, Licensor and Licensee desire to enter into a hunting License Agreement for the following described real property, and

WHEREAS, in order to carry out their desires, Licensor and Licensee have entered into this License Agreement in order to put their agreements in writing in this License Agreement, the parties have, in consideration of the mutual covenants and agreements contained herein, agreed as follows:

SECTION ONE

LICENSE AREA AND USE

Licensor does hereby grant a License unto Licensee in that particular piece of land located in the County of Macon, State of Alabama, for Licensee's use as set out below, more particularly depicted on Exhibit "A" and labelled "Hunting License" on Exhibit "A'' which is attached hereto ("License Area").

Licensee shall use the License Area for the hunting of deer, dove, and quail only.

Hunting of turkeys is strictly prohibited. Licensee shall not conduct hunting activities on days when Licensor has an event scheduled or there are students present. Licensee shall be solely responsible for checking with Licensor for any scheduled events on days when Licensee proposes to hunt on the License Area. Licensee agrees to ensure that all of its employees, guests, and agents are properly trained, licensed, will be compliant with all hunting laws and regulations, and have completed an outdoor safety course that includes hunting education and safety practices.

Nothing herein shall entitle Licensee to any use of lodging or meal service offered by Licensor. If Licensee desires such services, Licensee must obtain them through Licensor in the ordinary course of business.

SECTION TWO

TERM AND RENT

(A) Licensee shall pay to Licensor at the start of the term of this License for the use and occupancy of the License Area, the following amount: (No less than $39,000 annually)

(B) The term of this license shall be from September 13th, 2025, to May 31st, 2028.

The first installment of annual cash rentals shall be paid prior to September 13, 2025. For each subsequent year of this Lease agreement, annual cash rentals shall be paid within thirty (30) prior to the anniversary date. 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.

(C) After the completion of the first 3-year term, the Lessors will have the option to renew the lease for an additional 3-year term, at the same yearly price paid in year 3 of the contract, so long as both the lessor and lessee agree to the terms of the extension.

SECTION THREE

MAINTENANCE, ALTERATIONS, ADDITIONS, AND IMPROVEMENTS

Licensee shall examine the License Area before taking possession, and entry into possession shall constitute conclusive evidence that as of the date thereof, the License Area was in good order and satisfactory condition. Nothing herein shall be construed as a warranty that the License Area is fit or suitable for the use and purpose for which it is Licensed. Licensor has made no representations with respect to said License Area except as expressly set forth herein.

Notwithstanding any provision to the contrary, this License is granted and accepted without any warranty of title and without any recourse against Licensor whatsoever, either express or implied, it being expressly agreed that the Licensor shall not be required to return any payments received hereunder or be otherwise responsible to Licensee therefor.

Licensee will take good care of the License Area and will return it to Licensor in at least as good or better condition as at the commencement of this License, normal wear and tear excepted. Licensee shall be responsible for planting and maintaining all hunting fields.

Licensee shall not permit, allow or cause any act, deed or depredation to be performed or committed on the License Area or any practice to be adopted or followed in or about the License Area which shall cause or be likely to cause injury to any person or damage to the License Area or any property located thereon. The Licensee is permitted to install new green fields and quail courses, so long as the area and scope of work is laid out in advance to the licensor.

Licensee further agrees that it shall not place or dispose of any trash, debris, petroleum product, agricultural chemical container or hazardous material (including, but not limited to, any substance or mate1ial identified now or in the future as hazardous under any federal, state or local law or regulation, or any other substance or mate1ial that may be considered hazardous or otherwise subject to statut01y or regulato1y requirement governing handling, disposal or cleanup) upon the License Area and shall remove from the License Area any previously disposed trash or containers in accordance with all applicable laws and regulations and in a safe and lawful manner.

Except as provided herein, Licensee shall not improve or alter the License Area in any manner without the prior written consent of Licensor, and shall, before making any improvements or alterations, submit plans and/or designs therefor to Licensor for approval. Licensor's approval shall be indicated by Licensor's signature on such plans or designs. All improvements or alterations by Licensee shall, on expiration or sooner termination of this License belong to Licensor without compensation to Licensee.

Licensee shall be responsible for any cleanup required on the License Area as a result of Licensee's actions, or those of Licensee's guests, or inaction. In the event Licensee violates the intent of this Section, the License may be terminated immediately. This Section shall survive the termination or expiration of this License Agreement.

SECTION FOUR

TAXES

Licensor shall pay ad valorem real property taxes on the License Area.

SECTION FIVE

UNLAWFUL OR DANGEROUS ACTIVITY

Licensee shall neither use nor occupy the License Area or any part thereof for any unlawful, disreputable, or hazardous business purpose. nor operate or conduct its business in a manner constituting a public or private nuisance. Licensee shall immediately on discovery of any such use or nuisance, take action to halt same at once. If by reason of Licensee's causing or allowing any such dangerous, illegal, or disreputable activity, or any nuisance, Licensor should be made a party to any litigation to abate same, Licensee shall be liable to pay all damage awards, settlements, costs, expenses and Licensor's attorney's fees for such litigation, and shall pay same on the first day of the month following presentation of a statement for same.

SECTION SIX

ACCESS

Entrance to the License Area from County Road 59 is shown on the attached Exhibit "B" as Road Access (the "Access Area") pursuant to which Licensee shall have a license for access, ingress and egress to the License Area.

SECTION SEVEN

INDEMNITY

The Licensee understands that hunting can be a dangerous activity and that there may be risks such as holes, fence wire, snakes, wells, swamps, ponds, harmful plants, wild animals, or other risks that may cause injury or death, and the Licensee voluntarily assumes all these risks. Licensee shall indemnify and hold haimless the Licensor, the Auburn University Real Estate Foundation, Inc., Auburn University, and their respective officers, directors, members and employees (the "Indemnities") against all expenses, liabilities, claims of every kind, including Licensor's attorney's fees and expenses, by or on behalf of any person or entity arising out of either: ( l) a failure of Licensee to perform any of the terms or conditions of this License, (2) any injury or damage happening on or about the License Area as a result of Licensee's activities, or the activities of Licensee's guests, (3) failure of Licensee to comply with any law or Regulation of any governmental authority, or (4) any lien or security interest filed against the License Area, or equipment, materials, alterations, or improvements thereon.

SECTION EIGHT

INSURANCE

In addition to the License Fee, Licensee agrees to purchase and maintain hunting liability insurance at all times, for the entirety of this License Agreement. Auburn University Real Estate Foundation, Inc., Auburn University, and their respective officers, directors, members, agents, and employees, shall be named as "additional insureds". Licensee should provide proof of insurance coverage to Licensor on each anniversary date of this License Agreement or whenever requested.

Licensee shall inform Licensor of all incidents and/or accidents that occur on the License Area or that might otherwise give rise to a claim against Licensor 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 Licensee is aware of the incident/accident.

SECTION NINE

DEFAULT OR BREACH

Each of the following shall, at the option of Licensor, constitute a default or breach of this License by Licensee:

(1) If Licensee, or any successor or assignee of License, shall file a petition in bankruptcy or insolvency or for reorganization under any law, or shall voluntarily take advantage of any such act by answer or otherwise, or shall make an assignment for the benefit of creditors.

(2) If involuntary bankruptcy proceedings under any law shall be instituted against Licensee, and such proceedings shall not be dismissed within thirty days after the institution of same.

(3) If Licensee shall fail to pay Licensor any rent, additional rent, or reimbursable sum advanced by Licensor on behalf of Licensee when due by the terms of this License.

(4) If Licensee shall fail to perform or comply with any of the conditions of this License and if the nonperformance shall continue for a period of fifteen (15) days after notice thereof by Licensor. Notice to be given in writing by mail or hand delivery, which shall be effective upon mailing, or upon receipt by hand delivery.

(5) If Licensee shall vacate or abandon the License Area.

(6) If this License or the estate of Licensee hereunder shall be transferred to or shall pass to or devolve on any other person or entity or party except in the manner herein allowed.

SECTION TEN

ACCESS TO LICENSE AREA; NOTICE TO LICENSOR

Licensee shall permit Licensor or his authorized representative, or both, to enter the License

Area at all reasonable times to inspect the License Area or make repairs that Licensee may neglect or refuse to make as hereinabove provided. At any time within six months prior to the expiration of this License, Licensor may enter the License Area and post the usual "For Sale" or "For License" or "For Rent" signs, so long as they do not interfere with Licensee's use of the License Area.

Any time Licensee hunting activity is ongoing or expected to occur at the License Area, the

Licensee shall provide twenty-four (24) hours' notice to Licensor. Notice shall be sent to Preston Payne, Willie ‘Chico’ Candy, or Nicole Hart and may be by phone at 334.201.9133 or email ptp0012@aubum.edu.

SECTION ELEVEN

QUIET ENJOYMENT

Licensor warrants that Licensee shall be granted peaceable and quiet enjoyment of the License Area free from eviction or interference by Licensor, if Licensee pays the rents and other charges provided herein, and otherwise punctually performs the terms and conditions imposed on Licensee hereunder.

SECTION TWELVE

WAIVERS

The failure of Licensor to insist on the strict performance of any of the terms and conditions hereof shall not be deemed a waiver of any subsequent breach or default in any terms and conditions.

SECTION THIRTEEN

ASSIGNMENT, MORTGAGE, OR SUBLICENSE

Neither Licensee nor its successors or assigns shall assign, mortgage, pledge, or encun1ber this License or sublet the License Area in whole or in pa1i, or permit the License Area to be occupied or used by others, nor shall this License be assigned or transfe1Ted by operation of law without the prior written consent of Licensor in each instance. If the License is assigned or mailto:ptp0012@aubum.edu.

transferred, or if all or part of the License Area is sublet or occupied by anyone other than Licensee, Licensor may, after default by Licensee, collect rent from the assignee, transferee, subtenant, or other occupant and apply the net amount collected to the rent reserved herein, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of any agreement or condition hereof, or the acceptance of the assignee, transferee, subtenant, or occupant as a new Licensee. Licensee shall continue to be liable hereunder in all respects unless specifically released in writing for a separately stated and paid consideration.

SECTION FOURTEEN

TOTAL AGREEMENT; APPLICABLE TO SUCCESSORS

This License contains the entire agreement between the parties and cannot be changed or terminated except by a separate, subsequent written agreement between the parties. This License and all the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors, and assigns of both parties.

SECTION FIFTEEN

APPLICABLE LAW

This License Agreement shall be governed by the laws of the State of Alabama.

SECTION SIXTEEN

TIME OF THE ESSENCE

Time is of the essence in all provisions of this License.

[Signatures appear on the following page.]

IN WITNESS WHEREOF, Licensor and Licensee, have all each caused their hands and seals to be affixed hereto on this the ___day of ___________, 2025

AUBURN UNIVERSITY

Licensor

By:

Its:

Licensee

By:_ _ Its:

EXHIBIT A

LICENSE AREA

EXHIBIT B

Crooked Oaks Farm AU Real Estate Foundation Macon County, A

AUBURN S20,21,28,29 T18 R24