Hunting License. County Tract Name Acres Cost $

Transcription

1 Hunting License THIS AGREEMENT made and entered into this day of, 2014, by and between Thiele Kaolin Company (hereinafter called Owner) and (a formal or informal hunting club, which together its members and their guests, invitees, officers, agents and contractors, shall be hereinafter called Licensee). WITNESSETH THAT: For and in consideration of the payment of the rental sum as hereinafter stipulated, Owner hereby licenses to Licensee and Licensee hereby rents from Owner certain hunting and fishing rights, subject to the terms and conditions set forth herein below, on the following properties, hereinafter called the Property of which maps are attached hereto as Exhibit A. All acreages are approximate and represent a commercially reasonable estimate by the Owner. County Tract Name Acres Cost $ Total: $ This Agreement is subject to the following terms and conditions: 1. The term of this Agreement shall commence on August 1, 2014 and extend through July 31, 2015 unless terminated as provided herein. Upon expiration or termination of the term of this Agreement, all rights granted to Licensee hereunder shall automatically end and Licensee shall have no further rights hereunder. Any personal property of Licensee, its members, guests, employees or agents remaining on the Property more than 30 days after expiration or termination of the term of this Agreement shall be deemed abandoned and shall become property of Owner. Owner is under no obligation to renew this Agreement and the granting of any renewal requested by Licensee shall be at the sole discretion of Owner. 2. Licensee shall pay to Owner, by personal check, money order or cashier s check, in advance the total rent listed above. Payment should be drawn to the order of and delivered to the Owner at the address contained in Section 25 of this Agreement. Failure of Licensee to pay the total rent upon execution of this Agreement will constitute a default and automatically void this Agreement with no further obligation by the Owner to follow up with the Licensee. 3. This Agreement shall be specifically and particularly subject and subordinate to any and all operations, developments, matters of record, security deeds, uses and occupations in, on and from the Property or any part thereof which may now or at any time hereafter be carried on by Owner, its tenants or assigns. Owner may fully and freely use the Property for forestry, silvicultural and mineral operations and all other lawful purposes (including beaver eradication), whether of same or similar kind or not. Licensee acknowledges that Owner owns the Property primarily for the exploration and development of minerals and for timber production and Licensee shall in no manner interfere with Owner s timber harvesting, silvicultural activity, mineral operations or miscellaneous commercial activities or those of Owner s contractors or mineral lessees on the Property. Licensee further understands and acknowledges Owner s timber harvesting, silvicultural, mineral, or other miscellaneous commercial activities may occur at any time, including hunting seasons, and no reduction or refund of the annual rental fees will be given as a result of these activities. 4. Licensee agrees to indemnify and save harmless the Owner and its Agents against any and all claims of loss, damages, liability or other expenses of any nature, character and kind that may arise out of, be connected with or as a result of Licensee s use of said premises described herein, including loss arising out of a negligent act of Owner, except loss caused by the sole negligence of Owner. Licensee hereby releases Owner from, and covenants not to sue Owner for, any and/or all loss, injury (including death) or liability associated with Licensee's use of the Property (except for loss caused by the sole negligence of Owner). Owner agrees to purchase on behalf of Licensee general liability coverage, covering Property/Operations liability for occurrences arising out of activities and operations of Licensee with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate. The cost of the policy is included in

2 the license fee. This policy of insurance will list Licensee as an additional insured, while on the Property pursuant to the License and Owner as named insured. This policy of insurance shall be deemed to provide primary coverage, exclusive of any insurance of Owner covering the same risk, and shall be exhausted first notwithstanding the existence of any insurance of Owner covering the same risk. The purchase and maintenance of this insurance shall not in any way operate to limit the liability of Licensee to Owner under this License. Owner makes no representations or warranties as to the sufficiency of the coverage afforded to Licensee under this policy. Licensee expressly acknowledges that Owner has not made any representations or warranties whatsoever concerning this policy of insurance. For further information concerning this coverage or to request a certificate of insurance or copies of the policy, contact the Davis-Garvin Hunt Club Department at (800) Licensee shall pay all rent tax, sales and use tax, license fees or other governmental charges which may be payable on account of the Property being used for hunting or this Agreement being a hunting license. 6. Licensee shall use the Property during the term of this Agreement for recreational hunting and fishing purposes only and for no other purpose. Owner will grant no other hunting or fishing license on the Property during the term of this Agreement. 7. Licensee shall do no acts which in any way set fire to any part of the Property. Licensee shall use its best efforts to suppress any fire that occurs on the Property and shall immediately notify Owner of any fire on the Property. Owner reserves the right to restrict Licensee s use of the property if, in the sole judgment of Owner, weather conditions present an extreme fire hazard. 8. No permanent structures shall be erected on the Property at any time. Temporary structures may be erected only with the prior written consent of Owner. However, hunting stands and blinds may be constructed without the prior written consent. Construction and installation of such structures shall be at expense of Licensee and shall be strictly in compliance with any specifications, requirements or limitations that may be imposed at any time by Owner. Campsites and similar are allowed, but are subject at any time to relocation at Owner s request. Recreational vehicles, campers and similar are allowed on the Property on a temporary basis. 9. Vehicular travel on or across Property shall be allowed only in furtherance of hunting and shall be limited to the established roads now located thereon, and is expressly prohibited in, on, over, or across areas on which young timber stands have been established. The use of four-wheel-drive (all wheel) or all-terrain vehicles (ATV) in wet weather or otherwise, resulting in excessive damage to roads is expressly prohibited. The use of the Property for recreational and off-road vehicle sporting purposes (such as 4-wheeling ; trail biking ; etc.) is expressly prohibited. Owner reserves the right to restrict vehicle travel over portions of the property if necessary in Owner s sole judgment to prevent damage. 10. Licensee shall not under any circumstances: a. Place deer stands on any pipeline or improved road right-of-way that would impede the maintenance of said right-of-way. All deer stands shall be portable and shall not be nailed to or otherwise permanently affixed to trees. Owner shall not be held responsible for deer stands or feeders damaged or destroyed by any timber harvesting, silvicultural, mining, road or pipeline maintenance activity upon the Property. b. Discharge a firearm within two hundred (200) yards of any private residence, across or within fifty (50) yards from the edge of any public road, or within two hundred (200) yards of any active mining, harvesting, silvicultural, road or pipeline maintenance activity. c. Plant or install food plots on any road or pipeline right-of-way. Licensee shall not under any circumstance till, plow, harrow, or in any way disturb the soil on any road or pipeline right-of-way. d. Plant or install food plots on any agricultural field. On some Property, Owner has leased land for agricultural purposes (hay, cotton, etc.). Do not disturb the agricultural field by driving across it except on established roads, and the soil should not in any way be disturbed. e. Have a dedicated shooting range maintained on the Property (though Licensee may have an area to sight in firearms on an incidental basis, but no other shooting activities may take place in such area, including but not limited to activities such as target practice, plinking, or shooting contests).

3 11. Licensee may install gates at access roads leading into the Property. In the event Licensee does elect to install gates, their location and manner of construction is subject to approval by Owner. No cable, rope, wire or similar material may be placed across a road or trail or be installed as a barricade to prohibit traffic around gates at any time. Locks on gates shall be linked to Owner s lock in order to provide access to both Owner and Licensee. Owner reserves the right to remove any lock that prevents the Owner s access. The use of fallen trees, trenches, nail-boards, scattered nails, broken bottles, or any other destructive device to limit access is strictly prohibited. Fence posts may be installed to limit traffic around the side of gates. Owner reserves the right to enter the Property at any time and from time to time. 12. Licensee shall not leave any trash, debris, or other refuse on the tract and shall use due diligence to prevent others from doing so. 13. Licensee shall not damage, cut, injure, or destroy any trees, crops, roads, fences, firebreaks, buildings, or other improvements located on the Property. Licensee agrees to compensate Owner for any damage to the above, as determined by Owner. The driving of nails, spikes, screws, bolts, or any other metal object into any tree on the Property, for building deer stands, blinds or for any other purpose, is strictly prohibited. 14. Licensee shall observe and comply with all applicable laws, including but not limited to land use regulations, game laws, endangered or protected species laws, environmental laws and criminal laws pertaining to use or manufacture of controlled substances (i.e. marijuana or meth labs), ordinances, requirements, orders, directives, rules and regulations of any Federal, State or local governmental authority having jurisdiction. As stipulated by the Georgia Department of Natural Resources, Licensee is hereby granted permission to hunt deer near feed or bait in the Southern Deer Zone. Licensee shall keep the property free of any hazardous substances. 15. Licensee shall insure that no archaeological sites or objects of antiquity on the Property are disturbed, altered, damaged, or vandalized by any means, including, but not limited to digging, probing, or deliberately plowing or cultivating such site(s) for the express purpose of exposing artifacts or archaeological sites or other objects of antiquity. 16. Licensee shall enter the Property at their own risk. Licensee accepts the Property in its present as is condition. Licensee understands that there may be hidden hazards, including but not limited to holes, fence wire, snakes, wells, swamps, ponds, harmful plants, and unauthorized persons on the Property, or other risks that may cause injury or death. Licensee further understands that timber harvesting activities may be conducted on the Property and that such activities may create risks and hazards for recreational users. Licensee assumes all these risks and hazards, and agrees, on behalf of Licensee, its guests, members, employees and agents, to indemnify and hold Owner and Owner s timber contractors and their respective officers, agents and employees, harmless from and against any and all loss, liability, damage, claim, judgment, cost or expense (including but not limited to court costs and attorney s fees) incurred as a result of any injury to or death of any person or persons or any damage to the Property in any way arising out of or connected with Licensee s activities on the Property. Owner makes no representation or assurance to Licensee concerning the safety of the Property for recreational use and disclaims any duty of care, responsibility or liability to Licensee, its members, guests, employees and agents. 17. It is understood and agreed, and Licensee represents and warrants, that Licensee is (and all individual Licensees are) of the age of majority under the laws of the state of Georgia. With regard to any minor who nevertheless hunts or who accompanies a Licensee on the Property, Licensee will defend, indemnify, and hold harmless Owner from any expense or liability incurred in connection with any claim, action or suit brought by or on behalf of such minor or by any third parties which might arise from or in connection with such minor s use of and presence on the Property. Licensee hereby releases Owner from, and covenants not to sue Owner for, any and/or all loss, injury (including death) or liability associated with any minor's use of the Property (except for loss caused by the sole negligence of Owner). 18. Licensee shall not use the Property in any manner which might interfere with the rights of Owner, its agents, assigns, contractors, licensees, purchasers, and employees to cut and remove any timber from the Property or to carry on any other activities thereon, or which might interfere with the rights and privileges granted to others under any previous or future agreements. Licensee shall not interfere with any easements or rights-of-way for power, telephone, telegraph and gas lines, or mains; or with any easements or rights-of-way for highways, railroads, or drainage structures; or with any activities associated with oil, gas or mineral leases; or with any conveyances shown in the public records of the county where the Property is located or evidenced by possession or use. 19. Owner shall have no responsibility to protect the Property or the game on the Property from injury or damage from natural or other causes or the actions or omissions of any person.

4 20. Licensee shall have the right to post signs at all boundary lines and points of access, subject to owner s right to review the type and number of signs. Such signs shall read as follows: Posted No Hunting Licensed to Private Club. Licensee s club name may also be included on such signs. Owner shall not be responsible for protecting the Property from trespass. Licensee shall have the right to take actions within the law which may be necessary or convenient to protect the rights herein licensed. 21. The term of this Agreement may be terminated by Owner at any time, with or without cause. Notice of termination shall be in writing and sent by certified mail to Licensee, and termination shall be effective on the 7 th day from deposit in the United States mail. If termination is due to a breach by Licensee of any provision of this Agreement, Owner may retain all sums paid hereunder as liquidated damages. If termination is for any reason other than a breach, Owner shall refund to Licensee part of the rental sum paid under this Agreement, prorated according to the number of days remaining in the term of this Agreement as of the effective date of termination, less the portion attributable to the purchase of the Liability Insurance Policy. 22. None of the rights granted herein may be transferred, conveyed, subleased or assigned by Licensee without the express prior written consent of Owner, which may be granted or withheld by Owner in its sole discretion. Selling daily or short-term permits to non-members shall not be permitted. The operation of this Agreement as a commercial hunting preserve (including the selling of daily or short-term permits to any non-members) is strictly prohibited and will result in immediate termination of this Agreement. 23. No interest in real estate is herein granted. Owner reserves the right to transfer, sell or convey its interest in the Property. In such event, this Agreement shall automatically terminate as of the closing date. Licensee will be given ten days written notice and a portion of the herein paid charges will be refunded, less the portion attributable to the purchase of the Liability Insurance Policy. 24. Whenever the word Licensee is used herein, it is intended and shall be deemed to include and shall be binding upon the hunting club signing as Licensee, its successors and assigns, and its members and their officers, employees, invitees, guests, agents and contractors, all of whom shall be jointly and severally bound as Licensee hereunder. In the event that any Licensee is not solvent or cannot pay any amount due hereunder, each other Licensee (including all members and guests) shall be responsible individually to comply with this payment and all other obligations of Licensee hereunder. 25. Notice given under this Agreement shall be delivered to the parties at their respective addresses shown below: Land Department P.O. Box 1056 Sandersville, GA Licensee: 26. No waiver by Owner of any right or violation will be a waiver of any other right or violation. 27. This Agreement constitutes the entire agreement between Licensee and Owner with respect to the Property, rights and privileges addressed herein, and shall be binding upon and inure to the benefit of Licensee and Owner and their respective heirs, successors, legal representatives and assigns. No amendment to or renewal of this Agreement shall be binding upon Licensee and Owner. This Agreement is intended as a contract under and shall be construed and enforceable in accordance with the laws of the state of Georgia. 28. Prior to the commencement of the terms of this Agreement as well as throughout the year as members are added to the hunt club, Licensee shall furnish Owner copies of the attached Joinder Agreement signed by each individual member of the hunt club. The Joinder Agreement should include the member s address and contact number. For the benefit of the Licensee, Owner strongly suggests that each individual guest or invitee to the Property also sign a copy of this Joinder Agreement. [This space is intentionally blank.]

5 IN WITNESS WHEREOF, Owner and Licensee have caused this Agreement to be executed as of the day and year written above. By: Title: Licensee: By: (Signature) Name: (Print Name) Title: Address: City/State: Telephone

6 JOINDER AGREEMENT I,, a resident of County, (state), hereby join in and agree to that certain Hunting License between and, as though I had signed such instrument as Licensee. I hereby accept and agree to abide by and comply with all of the duties and obligations of Licensee thereunder. By: Title: Licensee: By: (Signature) Name: (Print Name) Address: City/State: Telephone If the above-named individual is under 18 years of age, then the individual's parent or legal guardian must sign below: I,, a resident of County, (state), am the parent or guardian of the minor named above, and hereby join in and agree to that certain Hunting License between and, on behalf of both the abovenamed minor and myself (as his or her parent or guardian), as though I had signed such instrument as Licensee (for the minor and myself as his or her guardian). I hereby accept and agree (on behalf of the minor and myself) to abide by and comply with (and to cause the minor to abide by and comply with) all of the duties and obligations of Licensee thereunder. By: Title: Parent or Guardian, for minor and myself: By: (Signature) Name: (Print Name) Address: City/State: Telephone