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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.
   
12. Lessee at all times shall fully and promptly comply with all laws, ordinances, orders and regulations of any lawful authority having jurisdiction of said premises, specifically including all federal, state and local hunting laws and regulations which are in effect in the county or counties in which the premises are located.  Lessee shall insure that all hunting activity on the premises is conducted in strict compliance with all federal, state and local laws and regulations pertaining thereto.  It is specifically understood and agreed by Lessee that a violation of such laws and regulations by any individual hunting on the premises shall subject Lessee to an order to appear before the Commissioner of Conservation and Natural Resources and show cause why this lease should not be immediately terminated.   Lessor reserves to itself through its agents and employees the right at all times to enter said premises for any purpose.

13. Lessee will indemnify and save harmless the Lessor and its agents and employees of and from all suits, claims, demands and actions of any kind or nature relating to Lessee's lease of the premises, or, by reason of any breach, violation or nonperformance of any condition hereof on the part of Lessee or its guests, agents or invitees.  Lessee will indemnify, protect and save harmless Lessor and its agents and employees from any loss, cost, damage or expense caused by injuries to persons or damage to property, while in, on, or about the premises herein leased, and any and all property of Lessee or its guests, agents or invitees which may be located or kept upon the premises shall be at the sole risk of Lessee.

14. The failure of Lessor to insist upon strict performance of any of the covenants or conditions of this lease or to exercise any option herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions or options, but the same shall be and remain in full force and effect.  The receipt by Lessor of rent, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Lessor of any provisions hereof shall be deemed to have been made unless expressed in writing.

15. If default be made by the Lessee in the payment of any one of said rental installments, then this Lease, at the option of the Lessor, shall immediately become null and void as to the remainder of said term, and Lessor may enter upon and take possession of said property, and Lessee will vacate same peaceably.  In case of failure by Lessee to keep and perform any of the conditions of this Lease, the Lessor shall have the right to declare the same terminated and said lease shall immediately terminate and the property interest herein leased shall revert to the Lessor.  No action for possession taken by Lessor shall preclude any claim for damages either under the terms hereof or such damages or other relief as may be provided by law. Notwithstanding any provision of this lease to the contrary: (1) there shall be no proration of rental amounts in the event of any termination by Lessor; and (2) any termination by Lessor shall not relieve the Lessee from its obligation or liability for any outstanding rental amounts otherwise owed hereunder or to return the property, as well as any roads and/or improvements, in as good or better condition as at the commencement of this lease.

16. Lessee agrees that the Laws of the State of Alabama shall govern and be controlling and binding over the provisions of the rights herein granted, and that, notwithstanding  any provision to the contrary, the venue of any legal action brought in connection herewith shall be the circuit court of Montgomery County, Alabama.

17. Lessee further agrees to comply with all state and federal laws which prohibit discrimination on the basis of race, color, religion, age, gender, national origin, genetic information, veteran status, or disability.

18. For the duration of the lease, Lessee will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a Lessee found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.

19.  LESSEE SWEARS AND AFFIRMS THAT BASED ON HIS PERSONAL  KNOWLEDGE AND INFORMATION AND BELIEF, RESPECTIVELY, NEITHER HE NOR ANY INDIVIDUAL AUTHORIZED OR TO BE AUTHORIZED TO HUNT ON THE SUBJECT PREMISES HAS BEEN CONVICTED OF A GAME VIOLATION IN ANY STATE DURING THE PERIOD AUGUST 1, 2012 THROUGH THE PRESENT DATE. LESSEE FURTHER AFFIRMS THAT HE HAS READ THIS LEASE DOCUMENT IN ITS ENTIRETY AND UNDERSTANDS AND AGREES TO THE TERMS THEREOF AND FURTHER UNDERSTANDS THAT ANY MISREPRESENTATION OF FACT CONTAINED IN THE ABOVE PARAGRAPH SHALL CONSTITUTE CAUSE FOR IMMEDIATE TERMINATION OF THIS LEASE.

SECTION III - MINIMUM BIDS & LOCATION OF TRACTS:
The tract no., minimum bid for and location of the tracts located in Fayette County, Alabama is  stated below.  Any bid (written or oral) in an amount less than the minimum bid for the first year’s annual rent for each parcel will not be considered. To view the full listing of Section III tracts (approximately 141 tracts across 37 counties in Alabama) currently proposed to be the subject of the auction, go to http://www.outdooralabama.com/hunting-lease-bid-notices  or call 334-242-3484 for a copy.

#29. Fayette County – T14S, R11W, the E2SE of Section 16; containing 80± acres; Minimum Bid $5.00/AC;  $400.00 First Year. Bid Deposit shall be $80.00.

#30.  Fayette County – T15S, R11W, the E2SE of Section 16; containing 80± acres; Minimum Bid $5.00/AC;  $400.00 First Year. Bid Deposit shall be $80.00.

#31. Fayette County – T16S, R12W, the E2SE of Section 16; containing 80± acres;  Minimum Bid: $5.00/AC; $400.00 First Year. Bid Deposit shall be $80.00.

#108. Walker and Fayette Counties - T13S, R10W, everything south of the railroad tracks in the N2NW, the SWNW, the NWSW, and the S2SW of Section 19; the NW and the W2NE of Section 30 lying west of Highway 13; and in T13S, R11W, the E2SE of Section 22; the SW, the NWSE and the NE south of the county gravel road in Section 23; the S2SE and the NESE of Section 24; the N2NE, the SWNE, the NW, the W2SE and the SW of Section 25; the S2 and the S2NE of Section 26; the E2NE and the NENW of Section 34; the N2NW and the NENE of Section 35; and the N2NW of Section 36; containing  2,104± acres. Minimum Bid: $3.50/AC;  $7,364.00 First Year. Bid Deposit shall be $1,472.80.

#106. Walker, Fayette and Marion Counties - T13S, R10W, the NWNW and the SWSW of Section 7;  the NWNW of Section 18 and everything north of the railroad tracks in the N2NW of Section 19;  and in T13S, R11W, the SENE and the SE of Section 2; the W2NE and the SE of Section 11;  the E2E2 of Section 14;  the NE north of the county gravel road in Section 23;  and the N2N2 and the SWNW of Section 24;  containing  1,048±acres. Minimum Bid: $4.00/AC; $4,192.00 First Year.  Bid Deposit shall be $838.40.

Patricia J. Powell,  Director   State Lands Division

N. Gunter Guy, Jr., Commissioner Alabama Department of Conservation and Natural Resources

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