McClureTractHuntingLeaseContract2026_(003).pdf

Auburn University 248 acre McClure Tract College of Forestry, Wildlife, & Environment

HUNTING LEASE AGREEMENT

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, the exclusive right and privilege to hunt, fish, pursue, capture, shoot, kill and take away all legal types and species of game fish, game birds and game animals and for no other purpose on the following described tract or parcel of land situated in Sumter County, Alabama:

Those lands belonging to Auburn University located in Sumter County, AL and totaling 248 acres, Sections 5, 6, 7, and 8 of Township 18 North Range 2 west and totaling 248 acres.

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

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

Existing road(s) providing ingress and egress.

2.

This Lease shall be for a term of Sixty (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. Upon the consent of both parties and provided that Lessee is not in breach of the terms of this agreement; the Lease may be extended for five (5) additional years, under mutually agreeable negotiated rates.

Anything contained herein to the contrary not withstanding, Lessee shall have access to the leased premises only during the following period, to-wit:

Year Round

3.

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

4.

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

$ for the period October 1, 2026 through September 30, 2027 ($ /acre);

$ for the period October 1, 2027 through September 30, 2028 ($ /acre);

$ for the period October 1, 2028 through September 30, 2029 ($ /acre);

$ for the period October 1, 2029 through September 30, 2030 ($ /acre);

$ for the period October 1, 2030 through September 30, 2031 ($ /acre);

The first installment of annual cash rentals shall be paid prior to October 1, 2026. For each subsequent year of this Lease agreement, annual cash rentals shall be paid within thirty (30) days following 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.

5.

Lessee shall 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.

6.

Lessee agrees to maintain all gates on property in a working condition and keep them locked at all times. Lessor agrees to provide locks as needed. Lessee also agrees to keep all roads on the premises open and traversable by periodic mowing, spraying, or other form of minimal maintenance.

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 new 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.

Other than the “sign-in” structure previously mention in section 12 & the existing building, 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 Forester, 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 or transfer 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.

Lessee agrees that it shall limit the number of hunters (members or guests) on the property to not more than one gun per 40 acres at any given time. Lessee also agrees to issue some form of hunting club identification to each and every member and guest admitted to the leased premises and to require that same identification be carried by said individual while present on the leased premises. 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 the right-of-way 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.

In addition to the lease rate, Lessee agrees to purchase and maintain hunting lease liability insurance at all times, for the entirety of this Lease agreement. Auburn University shall be named as “additional insured”. Lessee should provide proof of insurance coverage to Lessor on each anniversary date of this agreement or whenever requested. Lessee may also choose for Lessor to purchase insurance, as provided by Auburn University, on their behalf. Outdoor Underwriters, Inc. of 140 Stoneridge Drive, Suite 265, Columbia, SC 29210 is the carrier of said insurance and rates are subject to annual adjustments. Lessee will be responsible for paying all insurance related costs or fees, annually, at the same time annual cash rental payments are due.

21.

Lessee shall inform Auburn University Risk Management & Safety and Auburn University School of Forestry & Wildlife Sciences of all incidents and/or accidents that occur on Auburn University premises or that might otherwise give rise to a claim against Auburn University 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.

22.

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.

23.

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.

24.

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.

25.

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.

26.

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.

27.

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.

28.

Lessee may establish new food plots, green fields, or wildlife openings as well as plant and maintain existing ones on the property provided that no timber, other trees, roads, planted crops, or pasture land belonging to the Lessor are damaged or destroyed. Lessor reserves the right to approve or deny the locations and sizes of all newly constructed food plots, green fields, or wildlife openings on the property prior to establishment. Lessee should contact Auburn University’s Forester, Preston Payne, to seek approval for new fields.

29.

Spotlighting shall be prohibited on the lease premises at all times.

30.

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: Preston Payne

Auburn University Forest Systems Management 602 Duncan Dr.

College of Forestry, Wildlife, & Environment Auburn, AL 36849

(334) 707-6055

Lessee: ______________________

31.

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.

32.

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

33.

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

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

Lessor: Auburn University

By: _________________________________

Title: _________________________________

Witnesses as to Lessor: 1) ___________ ________________

2) __________ _________________

Lessee: Print: _______________________________ Club President

Sign: _______________________________ Club President

Witnesses as to Lessor: 1) ____________ _______________

2) _________________ __________

Exhibit A: Description of Auburn University Lands, McClure Tract

Sumter County, Alabama 248 Acres

A parcel of land described as follows: Begin at a concrete marker on the Southwest corner of Section 5, Township 18 North, Range 2 West; then run North 2 degrees 25 minutes West for 50.0 feet to an iron; then run North 87 degrees 40 minutes East for 1266.0 feet to an iron on the Northwest margin of the Alabama Great Southern Railroad (110 foot right-of-way); then run South 44 degrees 30 minutes West along said Railroad for 75.0 feet to an iron; then run South 87 degrees 42 minutes for 1,208.0 feet to the point of beginning. Said parcel is located in the Southwest ¼ of the Southwest 1 /4 Section 5, Township 18 North, Range 2 West, Sumter County, Alabama, and contains 1.42 acres more or less.

The west½ of the Northwest¼ of Section 8; the East½ of the Northeast¼ of Section 7; the Southwest¼ of the Northeast¼ of Section 7; and all that part of the South ½ of the Southeast¼ of Section 6, lying South and East of U.S. Highway 11, all in Township 18, Range 2 West, containing 248 acres, more or less.

LESS AND EXCEPT therefrom the following described parcel: Begin at an iron on the Northeast corner of the Southeast¼ of Southeast¼ of Section 6, Township 18 North, Range 2 West; then run South 2 degrees 45 minutes East for 50.0 feet to an iron; then run South 87 degrees 30 minutes West for 1,284.0 feet to an iron on SE margin of U.S. Highway #11 (120 foot right-of-way); then run North 40 degrees 20 minutes East along said Highway for 68.3 feet to an iron;

then run North 87 degrees 30 minutes East for 1,238.5 feet to point of beginning. Said parcel is located in the Southeast¼ of the Southeast¼ of Section 6, Township 18 North, Range 2 West, Sumter County, Alabama, and contains 1.45 acres, more or less

Exhibit B

Auburn University 248 Acre McClure Tract College of Forestry, Wildlife, & Environment

HUNTING LEASE

Liability Waiver and Indemnity Agreement

I, ________________________________________, understand that a Hunting Lease exists between Auburn University (“Lessor”) and ______________________________ (“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:__________________________________

Map created by Preston Payne Alabama RF #2439

Auburn University McClure Tract Sumter County, Alabama

~248 Acres

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Source: Esri, Vantor, Earthstar Geographics, and the GIS User Community, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community

0 330 660165 Feet

AU Land-Boundaries

Existing road(s) providing ingress and egress.