HUNTING LEASE

 

 

This Hunting Lease is entered into on this ________ day of __________________, 2016, between DWD Longhorns, LLC as a lessee of Davis Family Properties, Ltd. (hereinafter collectively "Landlord"), with an address of 3361 C. R. 211, Hondo, Texas 78861, and _____________ (hereinafter "Tenant") (whether one or more, and including all members of Tenant’s hunting group or party, hereinafter “Hunting Group), with an address of _________________________.  Tenant will provide the written names and addresses of all hunters in his Hunting Group allowed to hunt the Property.  Landlord will allow up to eight (8) hunter’s to hunt the Property.

This Hunting Lease provides Tenant and all members of Tenant’s Hunting Group a license to enter onto the real property described as Seco Valley Ranch consisting of 1883 acres located in Medina County, Texas (hereinafter "the Property"), for the sole purpose to do the following: hunting of whitetail deer and feral hog during the Texas Parks and Wildlife Managed Lands Deer Permit (MLDP) season for whitetail deer, and all acts normally incidental thereto. This license to use the Property shall begin on October 1, 2016, and shall terminate on February 28, 2017.  Landlord grants to Tenant an option to extend this Agreement for four (4) one year terms beginning in 2016.  Each option to extend this Agreement will be by mutual consent of both parties.  This license grants Tenant, and those persons specifically named in the Exhibit A named "Hunting Group" attached hereto (collectively "Tenant"), the use of the Property as described above. This Lease grants no other interest in the Property other than the license specifically granted herewith.

In consideration of the grant of license from Landlord to Tenant as set forth herein, Tenant agrees to pay Landlord, rent of $24,000 for each year during the entire period.  On or before March 15, of each year this lease is in force, Tenant shall pay to Landlord a deposit in the sum of $12,000, to reserve the Property for Tenant for the time period shown above.  The remainder of the rent, $12,000, shall be due on August 15, for each year this lease is in force.  IF TENANT FAILS TO PAY RENT IN A TIMELY FASHION AS SHOWN ABOVE, TENANT'S RIGHTS HEREUNDER ARE EXPRESSLY EXTINGUISHED, AND LANDLORD MAY RELET THE PROPERTY WITHOUT ANY FURTHER NOTICE TO TENANT, AND LANDLORD MAY KEEP TENANT FROM ENTERING ONTO THE PROPERTY USING ANY LEGAL MEANS NECESSARY.

Prior to Tenant or Tenant’s Hunting Group entering onto the Property, Tenant shall procure a policy of insurance, with limits of $1,000,000 for personal injury or death, and $250,000 for property damage, resulting from Tenant or Tenant’s Hunting Group's use of and activities on the Property. Such insurance policy shall be primary, and shall name Landlord and Davis Family Properties, Ltd. as an additional insured.

Tenant and all members of Tenant’s Hunting Group agree to comply with the following conditions and restrictions pertaining to Tenant's use of the Property.  Tenant acknowledges that the conditions and restrictions set forth herein are vital to the safety and well-being of Tenant or Tenant’s Hunting Group, other allowed users of the Property, adjoining landowners and users, and the fish and game and ecology of the Property, and that failure to follow the conditions and restrictions herein will or may cause a dangerous, unsafe and environmentally destructive condition. Tenant agrees that a violation of the following restrictions shall allow Landlord, in Landlord's discretion, to immediately terminate Tenant's license as set forth herein, and to remove Tenant from the Property. Based on same, in addition to all other terms of this Lease, Tenant agrees to the following conditions:

 

1. To obey all laws, regulations, licensing requirements, rules, and ordinances, (collectively "Laws”) including all Laws pertaining to the taking of fish and game, and of the use of public and private lands, of the County of Medina, State of Texas, and of the United States Department of the Interior.

2. To not create, or to allow the creation of, a nuisance, or allow any waste, injury, or destruction to the Property and all items on the Property, except for the taking of game, and uses incident thereto as allowed by Law.

3. To not use, or allow the use of, the Property for any purpose other than set forth in the use declaration above.

4. To remove all litter, trash, debris, and other materials from the Property upon each departure from the Property.

5. To not construct any improvement, blind, stand, cover, or other like item of a permanent nature, without Landlord's written permission therefore.

6. To not allow any person other than specifically set forth herein to hunt, camp, or otherwise use the Property.

7. To not alter, or allow the alteration of any part of the Property, or any improvements on the Property.

8. To not allow the discharge of any firearm or other weapon, such that the projectile will cross any boundary of the Property, and to not cross the boundary of the Property with any loaded firearm.  The Tenant further agrees not to allow plinking (indiscriminate shooting at animals, non-game species, varmints, birds, other wildlife, cans or other objects).

9. To track and to retrieve all wounded game.  Entrails, head, hide and other waste will be disposed of in a location assigned by Landlord and will be kept in a manner to assure the Landlords pets do not have access to them before disposal.

10. Tenant recognizes that Seco Valley Ranch is a working ranch and runs cattle, domestic animals, residential and other operations and agrees not to interfere with such operations.  Tenant further agrees not disturb, harass, shoot, or otherwise harm any livestock or domestic animals maintained on the Property.

11. To leave all fences and gates as found in their then condition, open if found open and closed if found closed, to enter the Property only through those gates as instructed by Landlord, and to not place any locks on gates and fences not expressly approved by Landlord.

12. Where applicable, to drive only on established paths and roads, and to not drive over fields and/or rangeland.

13. Tenant accepts all existing deer blinds, feeders and hunting equipment in AS-IS condition, with all faults, dangerous conditions, and attributes, whether known to Landlord and/or Tenant or Tenant’s Hunting Group or not. Landlord makes no warranty regarding the suitability or condition of existing deer blinds, feeders or other hunting equipment.  Tenant will be responsible for all existing deer blinds, feeders and other existing hunting equipment, keeping them in a safe and operating condition.

14.   Landlord shall pay all electrical and water costs, and agrees to provide and maintain potable water at the existing hunting cabin.  Tenant will be responsible for cost of propane for heating.  Landlord also agrees to maintain the structural integrity of the existing hunting cabin.

15.   Tenant shall police cabin, observe proper sanitary precautions, cooperate in the prevention of brush, grass, or other fires on the Property, and commit no breach of the peace.  Tenant will verify that there is not a County burn ban in effect before starting any fire or campfire.

16.   Tenant and all members of Tenant’s Hunting Group shall observe proper safety precautions in the handling of firearms.  No firearms shall be discharged toward houses or around camps. No hunting is permitted in any area not specified by the Landlord.  No hunting is permitted in the hay pasture adjacent to the house and hunter’s cabin.  No hunting or discharge of any firearm is allowed within 500 yards of the Landlord’s residence.  No illegal weapons per state and federal laws are allowed. 

17.   Tenant and all members of Tenant’s Hunting Group agree to not discharge any weapon unless the hunter has a target and is absolutely certain that the area in front of and behind the target is clear of other hunters, property personnel, livestock, and buildings.

18.   No spotlighting or night hunting is allowed on the Property without written consent from Landlord.

19.   Immediate family members of the hunters and invited guests are allowed on the Property.  All hunters eighteen (18) years of age and younger must be accompanied by an adult (21 years of age or older) at all times while hunting.  Tenant may not send an unaccompanied guest(s) to the Property.

            20. Children under the age of 14 must be supervised by an adult at all times to insure their safety.

21.   Each hunter, hunter’s family member and/or hunter’s guest shall execute a Hold Harmless and Indemnification Agreement (“Release”) before arriving at the ranch.  The form is attached as Exhibit B.  Release form will be emailed in advance to dwd@dwdlonghorns.com.

22.   Tenant recognizes that Seco Valley Ranch is an active participant in Texas Parks and Wildlife’s Managed Lands Deer Permit Program (MLDP).  Tenant and all members of Tenant’s Hunting Group agree to follow harvest recommendations provided by the regional Texas parks and Wildlife agent and all harvest record keeping requirements of the MLDP program.  The Tenant agrees that he and his Hunting Group are familiar with all requirements of the MLDP program.

23.   To follow Seco Valley Ranch’s deer management and hunting guidelines, attached as Exhibit C.

24.   Tenant and all members of Tenant’s Hunting Group recognize that the hunter’s cabin provided by the landlord for their use during hunting season is also the Landlords guest house and therefore must be kept in a clean and habitable condition after each departure from the Property.

 

Tenant and all members of Tenant’s Hunting Group agrees to indemnify and hold Landlord harmless from all actions, claims, judgments, lawsuits and cross or counter claims, whether brought by Tenant, any persons affiliated with Tenant or Tenant’s Hunting Group, or any third parties, resulting from Tenant's license and use of the Property, including Landlord's costs of suit and attorney's fees.  Tenant and all members of Tenant’s Hunting Group assume all risk and agree to execute and deliver to Landlord an indemnification agreement in a form acceptable to Landlord before Tenant and/or any members of Tenant’s Hunting Group shall be allowed to use the Property as set forth in this Lease.

 

In the event Tenant or Tenant’s Hunting Group makes any alterations or places any additions on the Property, any such alterations and/or additions shall become the property of Landlord and shall be deemed attached to the land. Tenant shall remove any alterations and/or additions made without the express written consent of Landlord if so requested by Landlord.

This license is not assignable, and any purported assignment without Landlord's consent is without force and effect, shall be null and void, and shall not operate to create any rights in any purported assignee in and to the Property. However, Landlord shall not unreasonably withhold consent to any assignment if such proposed assignment is based upon Tenant's inability to use this license due to illness or other problems which would defeat Tenant's use of this license. However, nothing herein shall allow Tenant to assign or resell this license for a profit. Landlord's consent to any assignment is expressly contingent on Tenant assigning and paying to Landlord any payment and compensation received by Tenant from any assignee of this license.

Tenant or Tenant’s Hunting Group expressly acknowledges that Tenant's use of the Property is non-exclusive with respect to the grazing of livestock, agricultural use, and other non-hunting and/or fishing uses by Landlord or any party affiliated with Landlord. Tenant or Tenant’s Hunting Group agrees to not impair, destroy, threaten, or injure such other uses.

This Lease creates no rights into any sub-surface minerals, ground water, materials or deposits. Tenant expressly agrees Tenant or Tenant’s Hunting Group will not engage in any mining, artifact hunting, extraction, withdrawal, or other removal of any sub-surface materials whatsoever.

Landlord may enter onto the Property for normal maintenance and repairs, for Landlord's own use, and for purpose of inspecting the Property to insure Tenant's compliance with the terms and condition of this Lease.

Landlord expressly disclaims any warranty of fitness or merchantability with respect to the Property, and Tenant takes the Property AS-IS, with all faults, dangerous conditions, and attributes, whether known to Landlord and/or Tenant or Tenant’s Hunting Group or not. Landlord makes no warranty that during the term of this Lease, there exists any game, fish, or fowl on the Property for hunting purposes.

The Property consists of mostly undeveloped and untamed land, including but not limited to possible brush, boulders, watersheds, flood zones, flammable material, ravines, caves, holes, rivers, poisonous animals and insects, bats, and other wild animals, all of which may be dangerous, harmful or fatal to humans and to property. Tenant or Tenant’s Hunting Group acknowledges such potentially dangerous conditions, assumes all risk and liability associated with same, and agrees that Landlord will have no liability whatsoever with respect to any illness, injury, death or destruction to Tenant or Tenant’s Hunting Group or Tenant or Tenant’s Hunting Group's property. Tenant or Tenant’s Hunting Group acknowledges that although Landlord may have a greater knowledge of the Property than Tenant or Tenant’s Hunting Group, that it is impracticable and impossible for Landlord to list and/or to physically show Tenant or Tenant’s Hunting Group each and every possible hazard on the Property which is unknown to Tenant or Tenant’s Hunting Group, and Tenant or Tenant’s Hunting Group enters onto the Property despite same and at Tenant or Tenant’s Hunting Group's own risk and without liability to Landlord.

Landlord agrees to give Tenant thirty (30) days to cure any default of this Lease.  In the event of a default of this Lease by Tenant, in addition to any other remedies allowed by Law, Landlord may (i) re-enter the Property, (ii) eject Tenant from the Property, (iii) relet the Property for benefit of Tenant and to obtain rent directly from any new licensees resulting from such reletting, (iv) terminate this lease, (v) sue Tenant for any deficiency in the payment of rent and/or for any injury or damage to the Property, (vi) retain Tenant's deposit in an amount to compensate Landlord for the breach and (vi) resort to self help and to change locks, remove Tenants from the Property, and to deprive Tenant of access to the Property by any other means.

In the event either Landlord or Tenant or Tenant’s Hunting Group files any suit or other legal proceeding against the other to compel compliance with any term(s) of this Lease, to prevent or stop a breach of this Lease, to obtain a judicial interpretation of the terms of the Lease, or for any other reason, the prevailing party in such suit or proceeding shall be entitled, in addition to its damages and costs of suit, reasonable legal fees as determined by the court.

Any suit, action or legal proceeding shall be maintained in Medina County, Texas. This Lease, and all rights and obligations resulting therefrom, shall be interpreted and determined under the laws of Texas.

This Lease constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous written and/or oral agreements pertaining to the license created herein. Any modification, alteration, or supplement to this Lease shall, to be effective, be in writing and signed both parties. Any writings and/or notices shall be delivered to Landlord and Tenant, first class mail with postage prepaid, at the respective addresses set forth above, or such other address as each party may, from time to time, instruct the other party in writing.

 

This Lease is effective on the date as written above.

 

 

 

 

Landlord:

DWD Longhorns, LLC

 

 

 

______________________________________________

By:  Debbie Davis, General Manager

 

 

 

Tenant:

 

 

 

 

 

______________________________________________

By: 

 

 

 

 

 

 


EXHIBIT A

HUNTING GROUP

 

 

 

 


EXHIBIT B

 

Hold Harmless and Indemnification Agreement

 

 

___________________________________. hereinafter referred to as “Guest” is granted temporary access to the Seco Valley Ranch (“Ranch”) in Medina County, with an address of 3361 C.R. 211, Hondo, Texas 78861, leased by DWD Longhorns,LLC (“Lessor”).  The Guest and the Guest’s party listed below is granted access to the Ranch for the time period beginning ________________________________ and ending _______________________________.  As part of the consideration for being granted the right to come upon the Ranch, Guest hereby agrees as follows:

 

 AGREEMENT AND WARNING: I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.

 

 Guest acknowledges and understands that no warranty, either expressed or implied, is made by the Host as to thecondition of Ranch or any roads, buildings, gates, or other improvements located thereon. This document is sufficient earning that dangerous conditions, risks and hazards, both natural and man-made, do exist on the Ranch. Guest's presence and activities on the Ranch expose both Guest and Guest's property to dangerous conditions, risks and hazards, including but not limited to poisonous snakes, insects and spiders; hunting stands and blinds; rocks, erosion and general condition of the land, both on and off roadways and trails, creating rough, hazardous and dangerous driving, riding and walking conditions; animals both wild and domestic that may be diseased and/or potentially dangerous; rapidly rising and rushing water in creeks and arroyos; and persons with firearms on and off the Ranch.

 

1.    GUEST AGREES TO INDEMNIFY AND HOLD LESSOR HARMLESS AGAINST ALL CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES, including reasonable attorney's fees for the defense thereof, arising from Guest's or Guest's family members' activities on or around the Ranch at any time, EVEN IF the claim, demand, damage, cost or expense is CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF LESSOR.

 

2.     GUEST FURTHER RELEASES LESSOR FROM ALL LIABILITY Lessor may otherwise owe to Guest, his heirs, survivors, beneficiaries, or assigns FOR ANY PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that Guest suffers while on the Ranch at any time. This release applies to all injuries or damages which may be suffered by Guest, his heirs, survivors, beneficiaries, or assigns, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF LESSOR. This liability release also applies to claims and causes of action for injuries to or the death of any of Guest's family members.

 

3.    Guest acknowledges that activities on rural property such as the Ranch can result in injury or property damage to the person doing those activities as well as others. The many possibilities and sources of injury or damage are acknowledged by Guest, and he or she comes upon the Ranch with full knowledge of such hazards.

 

 4.    The term "Lessor" used in this agreement also covers and includes Davis Family Properties, Ltd., Davis Family GP, LLC and their respective partners, agents, employees, representatives, family members, heirs, devisees, and beneficiaries, as well as any other persons or entities for whom any one of them is acting as an agent or trustee, and any other person or entity owning any interest in the Ranch, all of whom are included in this Release and Indemnification Agreement.

 

5.    Guest has read this document and understands it.  He or she is signing it freely and voluntarily. The provisions, covenants, conditions and indemnities contained in this Release shall survive the term of Guests' stay at the Ranch. As used in this release, the term "Guests" include any minors in Guests' care and all persons named in Guests' party while on the Ranch. This Agreement is fully performable in Bandera, Kendall, and Kerr Counties, Texas. If any minors are in Guest’s party, the adult Guest agrees to be responsible for the safety and actions of such minors.

 

In signing this Agreement, Guest represents and warrants that (a) Guest have knowingly and willingly entered into this Agreement and become bound by its terms and conditions; (b) Guest has had ample opportunity to read this Agreement and has done so and understands and voluntarily agrees to each term of the Agreement; (d) no representations or statements have been made to Guest about the safety of the Guest's experience on the Ranch; (e) Guest has not been induced to sign this Agreement by the statement or  conduct of any person; (f) Guest is under no duress or requirement to sign this Agreement; and (g) Guest has the mental competence to understand and enter into this Agreement.

 

The undersigned Guest further represents and warrants that he or she has the authority to sign this Agreement for each minor or other Guest listed below.

 

EXHIBIT B

 

Hold Harmless and Indemnification Agreement (Continued)

 

 

 

The terms and conditions of this Agreement, including its release and indemnification provisions, are binding upon the heirs and assigns of the Guest and inure to the benefit of the successors and assigns of the Host.

 

DATED AND SIGNED THIS ______ day of___________________, 20____

 

  Hunter/Guest Signature:______________________________________________

 

                 Name (print): ______________________________________________ 

 

Address: _____________________________________ City ____________________ State _________ Zip ___________

 

Phone: ______________________________________ Email: _________________________________

 

Member’s of Guest’s Party:

 

 

 

______________________________________                                                                  _________________________________

Signature                                                                                                                              Name (Printed)

 

 

______________________________________                                                                  _________________________________

Signature                                                                                                                              Name (Printed)

 

 

______________________________________                                                                  _________________________________

Signature                                                                                                                              Name (Printed)

 

 

______________________________________                                                                  _________________________________

Signature                                                                                                                              Name (Printed)

 

 

______________________________________                                                                  _________________________________

Signature                                                                                                                              Name (Printed)

 

 

______________________________________                                                                  _________________________________

Signature                                                                                                                              Name (Printed)

 

 

Please email Release to:

 

Don Davis

dwd@dwdlonghorns.com


EXHIBIT C

SECO VALLEY RANCH

DEER MANAGEMENT AND HUNTING GUIDELIES

 

 

 

1.    Hunters are expected to actively participate in the herd management program including cull buck and doe harvest.

2.    Hunters are expected to exercise good judgment in taking a buck – no button buck or fawns. Good herd management is to take only mature bucks. Try to take only bucks 6 ½  yrs. of age and over.  If you need help in aging deer

3.    If you wound an animal please find it and complete the kill.

4.    Stay clear of another hunter’s area unless you have permission from the hunter to be there.

5.    Maintain your blind.  If repairs are needed, the hunters are responsible. Don may have replacement parts available. Check with him prior to purchasing new lumber, windows, doors, etc. If replacing old blind with a new one, remove the old blind.

6.    No cutting or altering of perimeter or interior fencing.

7.    All jaws shall be pulled, aged and labeled and placed in freezer bags and put in freezer in Hunter’s cabin for verification of ages by TPW personnel.

8.    Each hunter is responsible for recording their own deer harvests.  Weight to the pound, age, measure, photo, and all records needed to comply with the MLDP permit.  Use the provided Seco Valley Ranch Game Harvest Card to record all harvest data.  Deer must be tagged with MLDP permits provided by owner.

9.    No deer shall be taken from ranch unless ALL data has been collected as stated above.  Any hunter that does not comply with data recording guidelines.

10.    Hunters are asked to fill out a Game Observation Sheet each time they go out hunting.

11.    No hog traps-ever. Due to Landlord's pork business, feral hog hunting is only permissible in the Windmill, 3-D and North Pastures. No hog hunting southwest of the central water-lot.

12.    No smoking is allowed inside the lodge.  All cigarette butts must be picked up and properly disposed of.  Please do not empty ashtrays or place cigar or cigarette butts in the indoor garbage cans.  Under no circumstances should any smoking material be tossed on the ground while Guests are in the pastures (even if extinguished), they should instead be placed in a pocket and deposited in the outdoor trash.

13.    Sheets and towels are provided in the hunters' cabin. These are washed periodically and the cabin cleaned when the cabin is needed for guest lodging by the owners. Hunters are responsible for regular cleaning during hunting season. Trash should be placed in the dumpster near the front gate. Hunters are asked not to leave perishable foods in the refrigerator past their expiration date and all packaged foods other than canned goods should be kept in the refrigerator as not to provide a food source for mice. The pantry door should be latched to discourage visiting raccoons from opening the door and making a mess. You are sharing this residence with a cat that has access through a cat door in the window near the HV/AC unit. His job is to control the mouse population in the cabin. We do not make any special accommodations for persons allergic to cats.  

14.    EMS service is a minimum 30-45 minutes-drive from the ranch.  Life threatening emergencies should be referred to AirLife in San Antonio.  They may be called directly (800) 247-6428, and given our GPS coordinates (Lat 29.542, Lon. -99.359).  The patient will be picked up in the open pasture in front of the guest lodge.  Flight time from take-off is approximately 20 minutes.  Payment of all fees is the responsibility of the family of the patient in flight within 30 days of receipt of the AirLife bill.  The nearest hospital for non-life threatening injuries or illnesses is Medina Community Hospital in Hondo.

15.    Any person violating the laws of the state of Texas will be escorted off the ranch and will forfeit all rights and fees. .

16.    No wearing or firing of handguns in camp.  All guns/rifles must be kept unloaded outside of your hunting area and in camp to avoid accidental discharge.