This Hunting Lease is entered into on this ________ day of __________________, 2018, 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, 2018, and shall terminate on February 28, 2019. 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.