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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 IN ALABAMA

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 successful bid.  

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 DEADLINE.  

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 the lease.

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.
• Continued
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