TAJOS HUNTS, INC. HUNTING LEASE AGREEMENT PO BOX 2815 HARLINGEN, TX HORN FIN, AND FEATHER LODGE EL SAUZ RANCH LEASE

Transcription

1 TAJOS HUNTS, INC. HUNTING LEASE AGREEMENT PO BOX 2815 HARLINGEN, TX HORN FIN, AND FEATHER LODGE EL SAUZ RANCH LEASE This lease agreement shall be by and between Tajos Hunts, Inc., Lessor and, Lessee. Lessor herewith leases to Lessee a non-exclusive right to utilize the pastures indicated on exhibit A as a hunting lease for a one year term which covers the 2012 and 2013 hunting season under the terms and conditions as hereinafter set fourth: 1. The term of this lease shall begin on April 01, 2012 or the date executed by Leasee, whichever is later, and shall continue thru March 31, Lessee shall pay for the non-exclusive right to hunt in the leased area the sum of $30,000 or two payments of $15,500 due prior to February 01, 2012 and prior to August 1, Any unpaid balance as of August 1, 2012 will result in termination of this agreement with no refund of money to Lessee. 3. Lessee shall have access to the leased premises only from U.S. Highway 186 through gate(s) designated by Tajos Hunts, Inc. 4. Lessee shall have the right to hunt dove, quail, deer, nilgai, wild hogs, ducks, geese, and other lawful game during the hunting season as set forth by the Texas Department of Wildlife and as further provided in the rules and regulations attached hereto as Exhibit B. Annual limits of game and pasture open to hunting are subject to change if needed for proper game management. 5. Lessee shall not sublease or assign any part of his leased rights to any other person without the written consent of the Lessor, and any attempt to do so shall be void. 6. Lessee shall have the right to bring guests with him at any time as defined in the rules and regulations attached hereto as exhibit B. All guests and family members are the sole and complete responsibility of the Lessee. 7. Any game killed by a guest of Lessee shall count against the Lessee s limit. Annual limits are attached here to as Exhibit D. 8. Lessee will abide by the terms and conditions of the rules and regulations previously promulgated and attached hereto as exhibit B, and any amendment thereto. 9. Any violation of this lease, the rules and regulations or amendments thereto, or a violation of the laws of the State of Texas concerning game and management by Lessee or his guest or family shall be grounds to immediately terminate this lease agreement without notice, and with no return of any money paid. 10. In the event Lessor, its agents or employees discover(s) a violation of this lease agreement and/or the rules and regulations or any amendments thereto, and Lessor elects to terminate the lease rights granted herein, Lessor will notify Lessee at the address below in writing of such notice and Lessee shall have five days thereafter to remove any property which Lessee may have upon the leased premises or lodge site and quit the leased property. 11. In the event Lessee fails to remove his property after notice and/or continues to utilize the leased area, Lessor shall have the right to bring an action for forcible detainer in a court of proper jurisdiction in Raymondville, Willacy County, Texas to forcible remove the Lessee there from and enjoin him from entering the leased property. 12. In the event of a violation of this lease agreement and/or the rules and regulations and/or any amendments thereto, Lessee herewith agrees to pay all expenses including reasonable and necessary attorney s fees for the forcible removal and eviction of Lessee. 13. Lessor or its representatives are not responsible for accidents or injuries whatsoever upon the leased premises and it is Lessee s obligation and duty to utilize the leased premises in a safe Page 1 of 9

2 and prudent manner. Exhibit C Hunter s Release is required to be signed prior to entering hunting area by Lessee and all guests. 14. This agreement is not automatically renewable and no guarantee of continuity or renewability is either expressed or implied by Lessor. The term of this agreement is strictly limited to not more than one-year term. Either Lessor or Lessee may decide, without the agreement of the other, to non-renew after the term hereof. Lessor is specifically authorized to not invite Lessee back for renewal following the term hereof, and may do so entirely without cause. In the event there is to be a renewal, it must be in writing and signed by both parties. 15. All agreements and understandings between Lessor and Lessee are set forth herein and both parties hereto expressly disclaim the existence of any verbal or side agreements, which would alter the terms hereof. 16. Lessor expressly disclaims any warranty to Lessee that Lessee will be able to harvest his allotment of game, either in whole or in part, allocated to him by virtue of this lease. This lease merely provides a right to hunt such game and Lessor make no warranties, either expressed or implied, regarding lessee s ultimate ability during the term here of to harvest such game. Date this day of, TAJOS HUNTS, INC. TAJOS HUNTS PO Box 2815 Harlingen, Texas PO Box 2815 Harlingen, Texas Lessor- -Lessor- Jim Blackburn President Jim Blackburn President _ Lessee _ Address Lessee Address _ City State Zip City State Zip Driver s License # and Sate of Issue _ Home Phone _ Business Phone _ Mobile Phone _ Address Driver s License # and State of Issue Home Phone Business Phone Mobile Phone Address _ Title Company Name Type of Business Title Company Name Type of Business Page 2 of 9

3 EXHIBIT A Page 3 of 9

4 EXHIBIT B TAJOS HUNTS, INC. - EL SAUZ RANCH HORN FIN, AND FEATHER RULES AND REGULATIONS All rules and regulation are based on making Horn, Fin, and Feather a safe and enjoyable place of each member and their guests, and to promote sound game management practices. This Ranch is a working ranch and as such we must be aware that work with cattle, oil companies, and other interest take precedence over our activities. If you observe any work being done on the Ranch, stop your activities and remove yourself and guests to another part of the Ranch, so that the workers can do their job and everyone is safe. FIREARMS 1. All firearms must be unloaded and stored until you have entered the leased pasture. You must unload and store your guns before entering the lodge area. 2. Any legal firearms or archery may be used on the Ranch. 3. Target practice and sighting in of a gun must be done at the designated rifle range. 4. No indiscriminate shooting is allowed at anytime. 5. No shot is to be fired until the following is done: (A.) Target is positively identified and within reasonable range. (B.) Absolute certainty that the area in front and behind the target is clear of other hunters, livestock, buildings, and vehicles. (C.) The target is clear so that a vital shot can be made. 6. You must determine a hit or miss after every shot. If an animal is hit, all other game will be ignored until every effort to locate the animal is exhausted. 7. No shooting may be done within 100 yards of any boundary fence or within the designated Lodge area. 8. No animal may be shot and left in the field. 9. No firearm may have a shell chambered while in a vehicle. 10. No loaded firearms may be in the lodge area at anytime. This includes air rifles (BB guns & pellet rifles). 11. No full automatic weapons are allowed at anytime. 12. No shot can be taken from a moving vehicle. 13. Magazine capacity cannot exceed 5 rounds. 14. All rifles that fire the 50 BMG cartridge are banned from use on the Ranch at anytime. This means target shooting as well as hunting. 15. Minimum caliber for hunting nilgai is the 7mm Remington Magnum. GUESTS 1. Leaseholder must sign in each time arriving at lease. All guests (including children) must be signed in upon their arrival by leaseholder. Leaseholder must sign out each time departing lease. All guests must be signed out at departure by leaseholder. 2. All guests (including children) must sign a hunter s release upon arrival. Signed releases are to be placed in member s file. A signed release is required once each lease year and after new hunting licenses are issued. 3. Any game taken by a guest counts as the leaseholder s limit. 4. Leaseholder is totally responsible for his guest s conduct and actions. 5. It is the leaseholder s responsibility to personally fill out all harvest tags, signing in and out himself and all guests, and all hunter s releases. 6. Any guests under the age of 18 may not hunt without adult supervision. A minor must be accompanied by an adult at all times. 7. It is the responsibility of the member to unlock the front gate to have guest arrive or depart. TRASH 1. Trash on the Ranch is a fact of life. Please do your part and pick up any and all trash you come across. 2. Do not burn or bury trash. 3. Empty shell casings and hulls are trash and need to be picked up. Page 4 of 9

5 VEHICLES 1. No vehicle may be parked so as to block a road. 2. No all terrain vehicles shall be allowed on the lease at any time for any reason (includes Lodge area). This includes all motorcycles, three and four wheelers. 3. Max speed anywhere on Ranch is 30 mph. 4. Please do not park in front of the lodge other than for a brief stop. Parking should be done on the east side of the sidewalk going to the gun room from the lodge. 5. No more than one hunting vehicle is allowed on the Ranch at any one time. BLINDS, FEEDERS, TRAPS TRUCKS, AND STAFF HELP 1. No blinds or feeders may be placed on a road or sendero or within a water trap or within 300 yards of a pond, other blinds, other feeders or boundary fence or within 500 yards of lodge. 2. You may not drive by or hunt another leaseholder s feeder or blind without that leaseholder s permission. 3. All feeders and blinds must have the leaseholder s name clearly painted on it. 4. Placement of blinds and feeders is at the discretion of Tajos Hunts, Inc. 5. No traps of any kind are allowed on the lease. 6. All requests for staff help must go through Roger or Jim. Please do not ask the staff directly as they have duties to perform. 7. Work performed by the staff may incur a fee. Roger or Jim will make this determination and advise you when you make your request. FIREWOOD & FIRE 1. No standing trees, dead or alive, may be cut down. 2. No fires are to be started except in the lodge area. 3. You are financially responsible for damage resulting from any fire you or your guests start. HARVEST TAGS 1. You must have a harvest tag with you to hunt, nothing but coyotes and rattlesnakes may be taken without a harvest tag. 2. All game requires a harvest tag to be filled out, and attached to the animal prior to moving it from the kill site. Please use the poly bags (available in gun room) for this purpose and use tape (not zip ties) to attach to animal. 3. Completed harvest tags must be placed on the harvest tag file as soon as possible upon returning to the lodge. 4. Do not share harvest tags with other leaseholders. If you wish a change in your limits, contact Jim Blackburn. 5. All bucks must be checked by Freddy Nieto and Tajos Hunts, Inc. prior to being skinned or removed from Ranch. 6. Harvest reports for birds (quail, dove, ducks, geese) can be filled out at the lodge each day are are not required in the field. PROHIBITED ACTIVITIES 1. Leaseholder may not in any manner sell all or part of his limit of game, nor Day Hunt, or nor Package Hunt. 2. Leaseholder may not conduct for payment photographic tours or birding tours. Cameras are to be used for non-commercial activities only. 3. You may not shoot any animal, bird, or reptile, other than what is stated in your limit of game. 4. You cannot remove anything except what is provided in your limit of game. 5. No game or parts there of, harvested on other Ranches may be brought on to this lease for any reason at anytime. 6. Horses (or other livestock) may not be brought onto this lease at anytime for any reason. 7. No rifle hunting is allowed inside the shrimp farm boundary. Page 5 of 9

6 GENERAL RULES 1. Your vehicles or rooms are subject to search at anytime by ranch personnel, game wardens, or Tajos Hunts, Inc. personnel. 2. Driving, fishing, or hunting under the influence of alcohol or any drug is prohibited. 3. Leaseholder has no right to enter adjacent or adjoining pastures for any reason. 4. No spotlights are allowed at anytime for any reason. This means night hunting for varmints is not allowed. 5. No hunting outside of legal hunting hours is permitted. 6. All hunting regulations and game laws will be followed at all times. 7. Leaseholder is financially responsible for any damage or loss to any property or livestock caused by himself or his guests. 8. Leave all gates as you find them. 9. Leaseholder and guest are required to abide by any and all reasonable request made by authorized Ranch personnel. 10. Leaseholder and guest are required to obey all Ranch rules and regulations in addition to Tajos Hunts, Inc. rules and regulations. 11. Dogs are to be kenneled or on a leash while in the lodge area. No dogs are to be loose in the lodge area. 12. Barking dogs will be fitted with bark collars. 13. Kennel space is by advance reservations. 14. Laundry facilities are not for member s use, please let staff know and they will do your laundry. 15. When departing the Ranch, please turn off all a/c units, lights, and appliances. 16. Please let us know if anything is not working properly in your room at any time. VARMINTS 1. The only varmints you may shoot are coyotes, raccoons, and rattlesnakes and do not require a harvest tag. 2. No cats of any kind may be shot. GAME LIMITS 1. Limits are subject to change based on census data or as needed by Tajos Hunts, Inc. 2. Any game offered over and above the basic limits will be based on the availability and need to harvest those animals. 3. Individual pastures may be closed to hunting as needed for proper game management. SWIMMING POOL 1. Use of the pool is at your own risk. 2. No lifeguard is on duty at any time. 3. Children under the age of 18, must have adult supervision while in or around the pool. 4. No glass around or in the pool. 5. No diving as this pool has a maximum depth of 6 feet. 6. No pets. 7. No horseplay or running. RESERVATIONS (ROOM, MEALS, & SPECIAL REQUESTS) 1. Reservations are to be made on the Horn, Fin, and Feather website ( hornfinandfeather.com ). 2. Reservations should be made a minimum of 48 hours prior to your arrival. Reasonable notice helps us to be prepared. 3. If your reservations need to be cancelled or changed, please do so on the website. If cancellations or changes are last minute call Jim at All rooms and facilities are non-smoking and no pets; please make sure your guests are aware of this. 5. When reservations are made, any special requests need to be made at the same time. WALK-IN COOLER 1. Only birds, fish, and javelinas placed in the cooler must be written into the state required cooler log book. 2. Game may be placed in the cooler for no more than 4 days. Page 6 of 9

7 3. Tajos Hunts, Inc. will transport game to a processor by your request or after four days. This is at your expense. 4. All individual limits of fish and birds must be separated by hunter, and labeled with hunter s name and number of fish and birds. Paper tags with wire are available for this purpose. DAILY USE FEE 1. Each common use room with single occupancy will have a daily use fee per person of $ Each common use room with double occupancy will have a daily use fee per person of $ Private rooms will have a daily use fee of $20.00 per person. 4. Meal charges for a member who does not stay overnight: Breakfast $7.00 per person Lunch $8.00 per person Dinner $15.00 per person 5. You will receive a bill once a month for meals, rooms, gas, corn, etc. SHRIMP FARM 1. No hunting for game animals is allowed within the boundary of the shrimp farm. 2. Waterfowl hunting is permitted only if reservations for a blind are made by the member. 3. Hunting is allowed only in the mornings, no afternoon hunts. 4. Shooting is to be done only from blinds, unless permission is given for other set ups. 5. Members and their guests must be in the blinds no later than legal shooting time (30 min. prior to sunup). 6. Decoys are to be picked up at the finish of the morning s hunt. Do not leave decoys on the water. 7. Hunting will be limited to no more than four days per week. Our effort with the shrimp farm is to provide a safe place to hunt, and to promote the greatest population of birds that can be held. CALLS WE NEED YOU TO MAKE 1. If you are not going to make it back to the lodge within the hour of sunset, please call staff or Jim to know that you are OK. 2. If possible, call staff or Jim, if you are coming in with an animal you need cleaned. This will allow us to have a staff member on hand when you arrive. THESE RULES AND REGULATIONS ARE SUBJECT TO CHANGE AS NEEDED AT ANYTIME Page 7 of 9

8 EXHIBIT C HUNTER S RELEASE The undersigned ( Hunter ), in consideration for being granted the right to hunt on the HP El Sauz Ranch, Willacy County, Texas, (the Ranch ) does hereby agree as follows: 1. Assumption of Risk. Hunter agrees to assume all risks incidental to the use of the Ranch by Hunter, even though such risks may not now be within the reasonable contemplation of Hunter or the Owners of the Ranch or their employees or agents (the Owners ). Hunter acknowledges that no warranty, either express or implied, is made by the Owners as to the condition of the Ranch, or any improvements located thereon. Hunter acknowledges that he or she is not relying on the Owners for any notice of any dangerous conditions on the Ranch, whether or not such conditions may be concealed or latent, or known to the Owners, and that the Owners have no legal duty to disclose such conditions to Hunter. 2. Release and Indemnification. In consideration for the right to enter the Ranch, HUNTER DOES HEREBY RELEASE AND FOREVER DISCHARGE THE OWNERS AND THEIR HEIRS, PERSONAL REPRESENTATIVES AND SUCCESSORS AND ASSIGNS AND TAJOS HUNTS, INC., ITS MEMBERS AND EMPLOYEES (COLLECTIVELY, THE RELEASED PARTIES ) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS AT LAW OR IN EQUITY, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, COSTS OF LITIGATION AND REASONABLE ATTORNEYS FEES) (COLLECTIVELY THE CLAIMS ) IN ANY WAY RESULTING FROM, ARISING OUT OF, OR INCIDENTAL TO, ANY ACCIDENT, INCIDENT OR OCCURANCE, OCCURRING IN CONNECTION WITH THE USE OF THE RANCH BY HUNTER OR ANY MINOR OR ANY GUEST OF HUNTER WHO HAS NOT SIGNED THIS RELEASE, WHO ACCOMPANIES HUNTER ON THE RANCH, WHETHER OR NOT CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE OF THE OWNERS OR ANY OF THE OTHER RELEASED PARTIES. IT IS EXPRESSLY AGREED THAT THE OWNERS AND RELEASED PARTIES ARE EXPRESSLY RELEASED FROM ANY CLAIMS ARISING AS A RESULT OF OWNERS AND RELEASED PARTIES FAILURE TO NOTIFY HUNTER OF ANY DANGEROUS CONDITION ON THE RANCH, WHETHER OR NOT SUCH FAILURE MAY CONSTITUTE NEGLIGENCE. HUNTER AGREES TO PROTECT, INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FOR ANY CLAIMS BY THIRD PARTIES IN ANY WAY RESULTING FROM OR ARISING OUT OF THE ACTIONS OR NEGLIGENCE OF THE HUNTER, OR ANY MINOR OR ANY GUEST OF HUNTER WHO HAS NOT SIGNED THIS RELEASE, WHO ACCOMPANIES HUNTER ON THE RANCH. HUNTER CONVENANTS AND AGREES THAT HUNTER, HIS OR HER HEIRS, SUCCESSORS AND ASSIGNS, WILL NOT MAKE ANY CLAIMS OR INITIATE ANY WRIT OR ACTION AT LAW OR IN EQUITY AGAINST THE OWNERS, OR THEIR HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS. 3. Damage to Ranch Property. Hunter agrees to reimburse the Owners for any damage to the property of the Owners which may be caused by the action of Hunter, or any minor or any Guest of Hunter who has not signed this Release, who accompanies Hunter on the Ranch. I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS HUNTER S RELEASE. Dated this day of, 20. (please sign) (please sign) Page 8 of 9

9 EXHIBIT D TAJOS HUNTS, INC. EL SAUZ RANCH HORN FIN AND FEATHER GAME LIMITS (ALL LIMITS SUBJECT TO CHANGE) Trophy buck ONE (CRITERIA TO BE SET AFTER CENSUS)* Management buck TWO (CRITERIA TO BE SET AFTER CENSUS)* *Projected deer season dates for season are October 1, 2012 thru January 6, 2013 Does to be determined at a later date Bull Nilgai TWO (ALL YEAR) Cow Nilgai FOUR (CAN BE TAKEN APRIL THRU AUGUST AND AGAIN FEBRUARY THRU MARCH CLOSED SEPTEMBER 1 THRU JANUARY 31) Feral Hogs TEN Javelina TWO Turkey ONE gobbler (no jakes) (SPRING SEASON ONLY March April not lease year) Doves, Ducks, Geese, Quail Limits are subject to individual daily and possession limits as set forth by the State of Texas and US Wildlife Service. ****ALL LIMITS SUBJECT TO CHANGE**** Individual pastures can be closed to hunting if needed to properly manage the harvest of game. No more than one hunting vehicle is allowed on the Ranch at any one time. Page 9 of 9