See anything I've left out? Help me guys.

Discussion in 'The Hunting & Fishing Forum' started by warpig, Feb 24, 2003.

  1. warpig

    warpig Guest

    Crpdeth
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    (10/26/02 11:55:00 pm)
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    ezSupporter
    See anything I've left out? Help me guys.
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    I plan to lease some land to hunt on this year and the land owner has asked if I would draw up the agreement.
    Do you guys see anything I've left out here that I should add, for the sake of my hunting party, or to make the land owner feel more comfortable? Also I dont want every member to have to sign because some may join later, so I call us a "orginaization"...Should I then be able to sign my name on this agreement to hand to the land owner, then have each member sign one to keep in my file?


    LEASE AGREEMENT

    Gentlemen:
    This Hunting Lease Agreement is made by and between Kenny Beck, hereinafter called "LESSOR", and the Henry Family, hereinafter called "LESSEES".


    I, the Lessor for the sum of $1,392 payable in advance, grant to lessee the right to hunt, fish, camp, and shoot, subject to the stipulations and conditions hereinafter set forth and only at such times as hunting and shooting are permitted by the laws and regulations of the United States and the State of Texas in force and effect, on the tract of land described as follows. 232 Acre tract located at NW1030 Franklin County.

    STIPULATIONS and CONDITIONS of THIS LEASE AGREEMENT:
    1. The lessee is an organization composed of several members, the terms of this lease and its stipulations and conditions shall apply to each and every member. The terms of this lease and its stipulations and conditions shall also apply to any and all guests of the organization and its members.
    2. The term "lessee" shall apply to the organization and to any or all of its members.
    3. The rights herein granted are restricted solely to hunt, fish, camp and shoot firearms in a safe and lawfull manner. It is agreed and understood that any blinds, tree stands and camping shelters will be allowed. Said constructions will not be nailed to or fastened to any live tree in a way that will harm the tree.
    4. Hunting and shooting are prohibited within 200 yards of any occupied dwelling or within any designated safety zone.
    5. The right to hunt and shoot is subject to any rights that the landowner may care to exercise over the Lands. Agricultural and forest management activities will take precedence over hunting activities.
    6. Any motorized vehicles, particularly 4 wheelers, used to work, explore and navigate property by lessee will be driven in an adult manner, giving due regard to the protection of land, trees and any domesticated animals on said property.
    7. The lessee will exercise due care to prevent forest fires on the property; lessee may gather dead firewood in any amount, but will not cut, or destroy timber growing on the leased lands; and will not make or suffer any waste thereon.
    8. The lessee will extinguish or assist in extinguishing, any fires on the leased land, without cost to the landowner, if the fire occurs when the leesee is on the tract.
    9. The lessee will conform strictly to local, state and federal laws and regulations governing hunting and shooting; the lessee will report all violations of laws and regulations as known, and assist law enforcement officers in their investigations.
    10. Each individual member is bound by the terms of this lease and its stipulations and conditions, and failure to comply will subject the club or organization to liability under the provisions of Paragraph 11 herein. Others using the property with the permission of the club or organization will be issued a signed card granting permission to hunt and shoot on which card the permittee will indemnify the lessor according to provisions of Paragraph 11.
    11. The lessor assumes no responsibility for the safety of the lessee in the exercise of the rights granted by this agreement. The lessee hereby assumes all such responsibility. The lessor shall not be liable for any injury or death incurred by the lessee either while on the leased land or while making use of right-of-way to or from the leased land or while making use of any transportation facilities which may be provided by the lessee, from, or over the leased land. The lessee will indemnify and hold harmless the lessor from and against any claim, loss, cost, or damage whatsoever caused by, or arising from, the operations of the lessee on the leased land or failure of the lessee to comply with any of the conditions of this lease, including failure to obtain all necessary signatures as set forth in Paragraph 10 herein. Each member of the lessee organization will be jointly liable to indemnify and hold the lessor harmless pursuant to this Paragraph 11.
    12. Any and all campsites, clubhouse grounds, or gathering places on the property shall be kept free of litter. Receptacles for trash may by placed within the leased areas and emptied by lease members.
    13. Use of trails by automobiles shall be restricted to dry weather conditions.
    14. Should the lessee fail to comply, in the opinion of the lessor, strictly with the terms of this lease, the lessor reserves the right to cancel this lease forthwith without any liability whatsoever.
    15. The lessor may cancel this lease even though the lessee has compiled with its terms; but the lessor will refund to the lessee the proportionate part of the $1,392 paid, as the same shall bear to the unexpected period, without further liability whatsoever to the lessor.
    16. Unless canceled as herein provided, all rights granted in and by this lease shall cease and terminate on Nov. 1st 2003.
    17. As an indication of acceptance of the stipulations and conditions herein, the "Acceptance" will by signed below and unless or until this lease is executed by the parties hereto, and the $1,392 as herein provided paid, the landowner is in no way obligated under the terms and conditions hereof.



    SIGNED

    ----------------------------------(dated)--------------
    Kenny Beck


    ----------------------------------(dated)--------------
    Donny Henry


    ----------------------------------(dated)--------------
    (Witness)


    Edited by: kdub01 at: 10/29/02 12:19:29 am

    280freak
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    (10/27/02 9:57:24 am)
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    You sure that you're not a lawyer?

    Looks pretty good to me. Just a couple of suggestions to make, mostly picking at nits, not much of substance.

    You might want to list (perhaps on a separate document?) the actual names of all those considered to be members of the "Organization", with the provision that names might be added at a later date. I think that as a landowner myself, that I would want to see those down in print somewhere before I would sign such a lease; just a thought.

    Only other comment to make is this - you have gone to great pains to draw up a very professional looking document; don't let a few typos take away from that effort.

    Examples -

    Condition #3 - "lawfull manor" should read "lawful manner" and "sheltors" should be "shelters".

    #6 - "manor" should be "manner", "viehicles" should be "vehicles".

    #15 - "compiled" should be "complied".

    #17 - Did you mean "by", or was it supposed to have been "be"?

    Like I said, mostly picking at nits, but when I read something, errors like those really jump out at me, can't help myself, just always been that way. Maybe I should have taken a job as an Editor somewhere?

    warpig883
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    (10/27/02 2:02:18 pm)
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    I agree with .280 the picker of nits.

    I would definately make sure the landowner has a list of members who have permission. This will also help him to keep unwanted folks off the land.


    Crpdeth
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    (10/27/02 3:15:04 pm)
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    Thanks, and nitpicking is exactally what I need, I want this to look professional.
    ~"And every moving thing that liveth, I give unto you as meat" (Gen 9:3)

    kdub01
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    (10/27/02 5:38:48 pm)
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    Hey, Donny -

    Content of text looks good, just need to clean up a little on the spellings. If ya want, it would be easier for me to edit your post, rather than try to explain the changes.
    "Keep Off The Ridgeline"

    Crpdeth
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    (10/27/02 9:38:47 pm)
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    Sounds great...I've already repaired everything that 280freak pointed out...I dont see anymore misspellings, but that dont mean anything. Anything you want to do will be a help and will be appreciated.
    ~"And every moving thing that liveth, I give unto you as meat" (Gen 9:3)

    ruffitt
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    (10/28/02 1:54:02 pm)
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    Crpdeth -

    Content of your lease agreement is generally sufficient to C.Y.A. to protect your, and the land owners, interests; however, there is one omission I find that may or may not be of significance.

    In paragraph 7 you state: "7. The lessee will exercise due care to prevent forest fires on the property; lessee may gather dead firewood in any amount, but will not cut, or destroy timber growing on the leased lands; and will not make or suffer any waste thereon.", and in paragraph 8 you indemnify the landowner of financial responsibility with: "8. The lessee will extinguish any fires on the leased land, without cost to the landowner, if the fire occurs when he/she/they are using the tract." What seems to be omitted is authority in the document to build/make a camp fire.

    A couple other incidentals I have found would be a recommendation to remove the word "any" from the second sentence of the 3rd paragraph to make said paragraph read: "It is agreed and understood that blinds, tree stands and camping shelters will be allowed.", and a possible change to the wording of paragraph 10 to omit the word "permittee" and change it to "permitted individual(s)".

    Regards











    Crpdeth
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    (10/28/02 9:44:46 pm)
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    Ruffitt Thanks Bro...

    The land owner has asked/begged me to burn a bunch of brush piles, "tops" from previous loggings and fallen limbs in the wooded areas, also I noticed several smaller burn areas... so I dont think he'll ever say anything about campfires, but you never know, right? So I'll include that and make sure the "guest clause" is plural.

    I think you are neck and neck with 280Freak with that sharp eye.
    ~"And every moving thing that liveth, I give unto you as meat" (Gen 9:3)

    kdub01
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    (10/29/02 12:20:44 am)
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    OK, Donny-

    Did some minor touch-up and point-tucking. Hope you agree.

    Ken
    "Keep Off The Ridgeline"

    JackRyann
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    (10/29/02 1:19:31 am)
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    If I were the land owner I'd want to see some kind of limit on the possible number of members.

    I'd also want the shooting limited to hunting. I wouldn't give permission to everyone who ante's up a couple bucks to come out and shoot anytime they feel like it and have "ranges" set up all over.
    Grill it and kill it! Or some thing like that.

    Crpdeth
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    (10/29/02 8:01:43 am)
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    Kdub...Looks really great. Thanks.

    Jack, on the original form I did add all members names with a clause stating that two more "may" join at a later date, not to exceed seven (7) members...While this is about right for this amount of land it is also common for members of the lease to bring friends after all members have filled their tags.

    As for the target practice, why would a land owner have a problem with excessive target practice? The leesee is paying right at 1,400 dollars for the right to fire his weapons in a safe and lawfull manner anytime he chooses. Tring to regulate the amount of target practice, in my opinion, would be petty.
    ~"And every moving thing that liveth, I give unto you as meat" (Gen 9:3)

    JackRyann
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    (10/29/02 9:17:49 pm)
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    What are ya going to do after I kill my deer the first day of shotgun and start sighting in my muzzle loader at lunch?

    Wouldn't think if I was paying to hunt I'd be to happy with the guys who show up at noon on opening day and start popping cans back in camp. You'd be surprised how quick a couple hundred acres can get small.

    If someone is paying a lease for ground are they then going to pay range fees to practice, work up loads, a just fool around with the kids, thier friends, the neighbors kids and friends when hey it's a nice day. I'm pay'n for it let's spend Labor day weekend at the camp. We can shoot and I'll put together a few stands.

    Then the land owner if he lives there listens to gun blasts all through his family reunion picnic.

    I'd just make sure there was a specific understanding on the issue. When where who.

    I don't remember which forum but just in the last few weeks I've seen examples of some rather sever differences of opinion on exactly what constitutes a "safe and legal manner", not to mention considerate.

    Heck I've heard guys from the surrounding public forrest "b1tch" about what I do on the range on MY OWN LAND.
    Grill it and kill it! Or some thing like that.

    Edited by: JackRyann at: 10/29/02 9:22:46 pm

    Crpdeth
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    (10/30/02 10:10:14 pm)
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    I can see where your comming from in those instances...For my arrangement though... the land owner lives a six hour drive away... I dont think any self respecting deer hunter would target practice before all members of the lease filled their tags... If he did "we" would never occupy the same lease again.


    Quote:
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    I don't remember which forum but just in the last few weeks I've seen examples of some rather sever differences of opinion on exactly what constitutes a "safe and legal manner", not to mention considerate.
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    I agree... if you've got two guys, you've probabally got two different opinions...You got five guys, well you know where I'm headed with that one, But it all goes back to respect for your fellow hunters and I dont have any friends that dont "fit" in that area.



    Quote:
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    Heck I've heard guys from the surrounding public forrest "b1tch" about what I do on the range on MY OWN LAND.
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    All than can do is b!tch...You bought the land, made the improvements, pay the taxes, mend the fences, grade the roads, burn the brush and they can flap their gums all they want... or maybe they can go buy their own
    tract of land and see how it feels for someone to assume to know how they should run their affairs.


    ~"And every moving thing that liveth, I give unto you as meat" (Gen 9:3)

    ruffitt
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    (10/30/02 11:55:11 pm)
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    ezSupporter
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    One more little detail that I just observed on your Lease Agreement, but I don't know how much of a "big deal" it may be. You have a place for the lessee, a place for the lessor, and a place for a witness to sign. I do not know for sure about this, but aren't legal documents supposed to be witnessed by two (or more) individuals not associated in any manner with either signers of the document?

    There, now ya got my nickels worth (but it ain't worth much cause it's plugged).








    Crpdeth
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    (11/1/02 9:28:48 am)
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    Sounds like alot of trouble... so I hope not.
    That paticular lease actually fell through, due to some things out of my controll, I saved the document to use next year or maybe even this year on a different tract... But due to all the work I put in making up the agreement, meeting with him several times, long distance phone calls, ect. He did me a huge favor.

    This fella put me and one guest on 150 acres on Lake Cypress Springs! Right on the water, FREE! I cant believe my luck, we went out there last night and got at least ten small deer in the headlights of the 4wheeler a few of them were bucks, including one decent size 4 point, the place is covered in 'em simply because Lake Cypress isan't hunted. I can already smell that deer chili cooking.
    ~"And every moving thing that liveth, I give unto you as meat" (Gen 9:3)

    JackRyann
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    (11/2/02 3:34:16 am)
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    All than can do is b!tch...You bought the land, made the improvements, pay the taxes, mend the fences, grade the roads, burn the brush and they can flap their gums all they want... or maybe they can go buy their own
    tract of land and see how it feels for someone to assume to know how they should run their affairs.

    That's not far off from the way I explained to 'em.

    "If ya don't like it, don't drive 2 hours down here from Indianapolis to hunt in MY "back yard". Stay home and hunt downtown on the circle."
    Grill it and kill it! Or some thing like that.
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