THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, STATE LANDS
DIVISION AND THE ALABAMA AUCTIONEERS ASSOCIATION ANNOUNCE AN AUCTION OF HUNTING LEASES FOR CERTAIN STATE TRUST LANDS
Notice is hereby given to all interested parties that a public auction of
hunting leases on certain State-owned lands will be conducted at the State of
Alabama Agriculture and Industries Auditorium, Richard Beard Building, 1445
Federal Drive, Montgomery, Alabama 36107, on September 18, 2015. Doors will open at 8:00 a.m. and registration for oral bidders will close at
10:00 a.m. The auction will begin at 10:15 a.m.
The State does not warrant nor guarantee either title or access to the lands
herein advertised and further does not warrant nor guarantee the condition of
said lands or any improvements related thereto. All bidders should satisfy
themselves as to the State’s title, accuracy of acreage offered, tract condition and tract accessibility.
SECTION I - BID PROCEDURES/REQUIREMENTS:
Written Absentee Bid (WAB): For individuals not electing to attend the auction, until the deadline set forth
below, Written Absentee Bids (WABs) will be accepted separately for each
individually numbered tract (in its entirety). Lump sum bids for all,
combinations or portions of tracts will not be considered.
The WAB may be written in any form but must separately state FOR EACH INDIVIDUAL TRACT the TOTAL AMOUNT OF THE FIRST YEAR’S ANNUAL RENT BEING OFFERED IN AN AMOUNT NO LESS THAN THE MINIMUM IDENTIFIED IN
SECTION III OF THIS NOTICE. Each WAB submitted must also include a certified check or a cashier’s check (no personal checks or cash) made payable to the State Lands Division for an amount equal to twenty percent (20%) of the first year's minimal annual
rent, as identified in Section III of this notice, as a “bid deposit.” Bids submitted without such bid deposit will not be considered.
PLEASE NOTE THAT ALL WABs MUST BE SUBMITTED SPECIFICALLY TO THE STATE LANDS
DIVISION OFFICE AT 64 NORTH UNION STREET, ROOM 464, FOLSOM ADMINISTRATIVE
BUILDING, MONTGOMERY, ALABAMA 36130 (36104 IF DELIVERED BY EXPRESS COURIER SUCH
AS FEDERAL EXPRESS, UPS, ETC.) WABs must be received by the State Lands
Division NO LATER THAN 5:00 p.m., Tuesday, September 15, 2015. NO WAB SHALL BE RECEIVED FOR ANY REASON ANY TIME AFTER THIS DEADLINE. IT SHALL
BE THE SOLE RESPONSIBILITY OF THE BIDDER TO ENSURE ACTUAL RECEIPT OF THE BID BY
THE STATE LANDS DIVISION PRIOR TO THIS DEADLINE. Each separate WAB and accompanying bid deposit must be submitted in a SEPARATE sealed envelope clearly marked on the outside,
"ABSENTEE BID FOR HUNTING LEASE, TRACT NO. ________, NOT TO BE OPENED UNTIL SEPTEMBER 18, 2015.”) WABs received prior to this deadline will be opened by the State Lands
Division at the time of the auction as detailed below.
Oral Bidding: At the September 18, 2015 auction, each individually numbered tract will be
offered separately in the order listed herein. WABs, if any, for a tract will
be opened prior to the call for oral bids for that tract. The highest WAB
received for a tract will be the starting minimum bid. If no WAB was received for a tract, the auction will start at the minimum bid
stated in Section III of this notice. If no oral bids are offered for a tract, the highest WAB, if any, will be the
Prior to the 10:00 a.m. deadline for oral bidder registration, any person
seeking to participate in oral bidding must register as a bidder and provide
photo identification (i.e., driver’s license, passport, state-issued voter identification card.) NO REGISTRATION
SHALL BE RECEIVED FOR ANY REASON ANY TIME AFTER THIS DEADLINE. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO ARRIVE SUFFICIENTLY PRIOR
TO 10:00 A.M. TO ENSURE SUFFICIENT TIME TO PROPERLY REGISTER PRIOR TO THIS
To be a successful oral bidder, the highest oral bidder for each tract must
immediately deliver a certified check or cashier’s check (no personal checks or cash) made payable to the State Lands Division in
an amount equal to twenty percent (20%) of the first year's minimal annual
rent, as identified in Section III of this notice, as a “bid deposit.”
If the highest oral bidder fails to immediately deliver such payment
satisfactory to the State Lands Division, the bidder will be disqualified for
that tract and bidding for the tract will resume.
As to both WABs and Oral Bids: A successful bidder must complete the transaction
within 30 days of award or forfeit the submitted bid deposit.
Specification of a minimum bid amount to be considered does not suggest
acceptance of any bid which may equal or exceed that amount. The State reserves the right to withdraw any or all tracts from consideration;
to reject any or all bids; and further to negotiate a higher lease price for
the lease of the property with the highest bidder.
Officers and employees of the Department of Conservation and Natural Resources,
as well as members of their families, shall be excluded from bidding on any
tract described herein.
The Department of Conservation and Natural Resources does not discriminate on
the basis of race, color, religion, age, gender, national origin, genetic
information, veteran status, or disability.
Potential bidders desiring to obtain a copy of the State Lands Division hunting
lease and/or a map of the individual tracts listed herein may contact the State
Lands Division by telephone at 334-242-3484. Maps are also available at
http://www.outdooralabama.com/hunting-lease-bid-notices. A potential bidder desiring to schedule a tract inspection on a week day (as
State Lands staff availability and scheduling allows) should also call this
number. No inspections will be scheduled after Tuesday, September 15, 2015. In addition, it is the sole responsibility of potential bidders to schedule a
desired inspection sufficiently in advance of this deadline.
SECTION II - LEASE TERMS:
Any lease of property shall include the terms of the Alabama Department of
Conservation and Natural Resources/State Lands Division’s hunting lease. In addition to payment of annual rental and restriction to Bow hunting
activities where applicable, certain landowner assistance will be required of
the successful bidder as specified in the hunting lease. Leases shall also
include the following:
1. The term of the lease shall be for five consecutive years with the
anniversary date of the lease for purposes of setting due date for payment of
annual rental being July 1. There shall be no proration of the full annual rental amount during the lease
term. Subsequent annual rental rates for all leases will automatically increase each
year by 3% of the previous annual rental rate. The successful bidder’s bid deposit will be applied to the first year’s rental amount.
2. The premises during the term of this lease shall be used and occupied solely
for the purpose of private, noncommercial hunting by Lessee and accompanied
guests. Lessee shall not use nor permit the same to be used for any other purpose or
purposes whatsoever. Lessee shall not use the premises for any commercial hunting venture, nor shall
the same be used in any manner to generate any funds in excess of the actual
reasonable costs associated with protection of the premises and making same
available to the listed persons authorized to hunt thereon.
3. Lessee shall annually maintain (by minimum of bush hogging) any and/or all
property line fire breaks in accordance with Lessor’s specifications to Lessor’s satisfaction. Lessee must till, fertilize and plant fire lanes, roadsides
and/or approved food plots; this work is to be done at the Lessee's expense and
in coordination with the Lessor. No new food plots or other agricultural practices shall be undertaken on the
premises without the prior express written approval of Lessor. Lessee shall not
permit, allow or cause any act, deed or depredation to be performed or
committed on said premises or any practice to be adopted or followed in or
about said premises which shall cause or be likely to cause injury to any
person or damage to the premises or any property located thereon. Lessee will take good care of said property and will return said property to
Lessor at the expiration or the termination of this Lease in at least as good
or better condition as at the commencement of this lease. Lessee shall not damage, sever nor remove any trees from the premises without
prior written consent of Lessor. Trees, seedlings, saplings or any other vegetation, alive or dead, shall not be
disturbed in any manner, nor removed from the premises without prior written
consent of Lessor. The foregoing prohibition on use and removal includes but is not limited to
either removal or on-site use of firewood, straw, pine cones, and all living
plants. Lessee further agrees that he/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 material identified
now or in the future as hazardous under any federal, state or local law or
regulation, or any other substance or material that may be considered hazardous
or otherwise subject to statutory or regulatory requirement governing handling,
disposal or cleanup) upon the premises and shall remove from the premises any
previously disposed trash or containers in accordance with all applicable laws
and regulations and in a safe and lawful manner. In the event Lessee violates
the intent of this paragraph the lease may be terminated immediately. Lessee shall be responsible for any cleanup required on the property as a result
of Lessee’s actions or inactions.
4. Lessee will exert reasonable efforts to prevent fire on the premises and will
exercise due diligence in extinguishing any fire which might occur on said
property. Should any spontaneous or uncontrolled fire occur on the premises, Lessee shall
report same to Lessor within 24 hours of discovery. This provision shall not
apply to the prescriptive silvicultural burning practices performed or
authorized by Lessor.
5. Lessee agrees to maintain the premises in good condition at all times. Lessee further agrees to maintain all the roads and trails on the premises in
good and passable condition at all times. Lessee will refrain from using said roads and trails for vehicular traffic
during climatic or other wet conditions when they will sustain damage by
rutting or erosion. Annually, following deer hunting season, Lessee shall repair all roads, drain
all “wet” places in the roads and trails and fill them with gravel, maintain waterbars
and otherwise prevent erosion in accordance with
Alabama's Best Management Practices for Forestry and Lessor’s specifications. No new roadways, trails or other travel ways may be cleared, constructed or
improved on the premises without the express written approval of Lessor. The
premises as well as all roads constructed, with approval, or used by Lessee
shall be left in as good or better condition as at the commencement of this
lease, with proper provision made for drainage and runoff. Lessee agrees that
any improvements made to the property, in particular culverts and bridges,
shall remain thereon and become the property of the state at the termination of
6. No State Lands signage shall be removed, covered, defaced or disturbed. Further, Lessee shall immediately notify Lessor if any signs need replacement. Upon request by Lessor, Lessee shall replace State Lands signs, which will be
provided at Lessor's expense. In consultation with Lessor, Lessee may place at
locations approved by Lessor, its own additional signs, adjacent to existing
State Lands signs, identifying themselves as the exclusive holder of hunting
rights on this tract. Upon request by Lessor, Lessee shall maintain existing
boundary identification markings in strict accordance with Lessor's
instructions. Boundary maintenance paint shall be provided at Lessor's expense.
7. It shall be the Lessee's responsibility to make provisions for access to the
property. Access is not guaranteed by Lessor. Lessee shall gate all access roads to the property except public roads. At such time as Lessee gates and locks same or changes locks thereon, it shall
provide Lessor's Land Management Officer with key(s) to all locks. Cable gates or similar gates are not allowed. Lessee's failure to comply with this provision shall constitute cause for
immediate lease termination. Lessee shall patrol the premises on a weekly basis and promptly report to the
Lessor any evidence of trespass, garbage dumping, beetle infestation of timber,
or other damage to the property, or theft of timber.
8. Lessee shall not locate nor construct campers, trailers, shelters, buildings
or other overnight accommodations of any kind upon the premises with the
limited exception of reasonable, non-permanent, overnight hunting
accommodations such as: (1) mobile, "drive-into premises, drive-out of premises," RV's, or (2) tent
camping; it being the intention that no accommodations remain on the property
except during an immediate, ongoing, overnight stay for hunting purposes. Temporary, portable tree stands or shooting houses may be located on the
premises, provided that no nails, spikes, spindles, or metal of any kind shall
be placed in, on, or around any tree and further provided that the location or
configuration of the tree stand or shooting houses does not interfere with
Lessor's use of or activities upon the premises. Lessor shall not be responsible for nor liable for any damage to shooting stands
or houses. Tree stands must be removed from the premises annually within fourteen (14) days
following the end of the local deer season. Lessee agrees that any improvements
made to the property, shall remain thereon and become the property of the state
at the termination of the lease.
9. Lessee shall not assign nor in any manner transfer this lease or any estate,
interest or benefit therein, nor sublet said premises nor any part or parts
thereof nor permit the use of the same or any part thereof by any person other
than Lessee, authorized guests or members (if a hunting club lessee) as
reflected on the current listing required by the provisions hereof. Any
attempted assignment or transfer of this lease shall be null and void, unless
the prior written consent of Lessor is obtained. Consent to any assignment or transfer of
interest under this lease shall be at the sole discretion of Lessor and shall
not constitute a release, waiver or consent to any other assignment.
10. Lessee shall, on or before its execution of this lease and by July 1 of each
year this lease is in effect, provide Lessor a complete listing of all persons
authorized to hunt on the subject premises, which listing shall include whether
the individual is a member, guest or lessee. Said list shall include the full name, primary residence address, social
security number and telephone number of each individual listed. In addition,
proof of possession of applicable State of Alabama hunting license shall be
submitted for all individuals listed. Written notification of any additions to
or deletions from such listing shall be made periodically as required. Notice of any additions to the listing, with accompanying proof of possession of
applicable State of Alabama hunting license, must be provided Lessor prior to
the listed individual hunting on the premises. Failure to strictly comply with this provision shall be cause for immediate
termination of the lease.
11. Lessee shall, on or before its execution of this lease, purchase at its
expense a policy of comprehensive general liability insurance coverage in an
amount of not less than $1,000,000.00 which policy shall be issued by a company
acceptable to Lessor and authorized to do business within the state of Alabama.
The insurance contract must name the Lessor, its agents, officers and employees
as an additional insured and show the hunting lease number(s) covered. Such policy of insurance shall be maintained throughout the term of this lease
and Lessee shall, along with the rental payment and annual list of authorized
hunters, furnish a certificate or other evidence of continuous coverage to
Lessor no later than July 1 of each lease year.