Wheeler Estates LLC Attn: Matthew Colbert PO Box 190 Brookneal, VA 24528 May 24, 2017 Invitation to Bid Wheeler Tract Hunt Lease 494.34 +/- acres Land offered for Hunt Lease Located in Campbell County, VA Bid Opening: Monday July 3, 2017 at 9:30 AM Offered for lease is 494.34 acres of prime hunting land located on Wheeler Road in Campbell County. The Northern 153 acres (North of Wheeler Road) is covered in 8 to 9 year old loblolly pine with multiple access points and one logging road that gives deeper access to the property. The Southern portion of the property, which makes up the remaining 340 acres, has both open land and planted pine which is approximately 6 to 7 years old. On the Southern portion there are 2 access points with good roads leading deep into the property. This tract provides a great hunting opportunity for whitetail deer, turkey, predators, and other small game. You are invited to submit a Lump Sum sealed bid for a 12 month hunt lease on this property. The hunt lease will begin on August 31, 2017 and run until September 1, 2018. The lease is structured to where there will be an automatic renewal with option to cancel by either party 30 days prior to term ending date. The lease holder will be required to hold hunt lease insurance that covers the following provisions: Lessee shall at all times during the term of this Lease Agreement, keep in full force and effect, at its own expense, a public liability policy with minimum limits of $1,000,000.00 (1 million) on account of property damage, bodily injuries to, or death of any person or property located on the Property, or which may be caused by an activity on or from the Property. An insurance certificate shall be issued to the Lessor naming Lessor as additional insured along with Lease payment. If Guests are allowed to participate in any activities with the Lessee or enter upon the lease property an insurance policy providing full guest coverage must be purchased by the Lessee. Full Guest coverage includes but is not limited to accidents or incidents involving the Guest alone, Member vs. Guest, Guest vs. Member, Guest vs. Guest, Guest vs. Property, or Property vs. Guest 1
Wheeler Estates LLC Attn: Matthew Colbert PO Box 190 Brookneal, VA 24528 May 24, 2017 Acceptance of the most desirable bid will be secured in writing within 3 business days of the bid opening. The rent will be due by August 1, 2017 and all checks should be made payable to Watt R. Foster Jr. Location and Access The closest address is 1466 Wheeler Road, Lynchburg VA but is not part of the hunt lease property. From Rustburg head Northeast on Village highway until you reach the Route 24 and Highway 501 stoplight intersection. Continue straight through the stoplight onto Route 24 East/Village highway. Follow this for 2.7 miles until you reach Bear Creek Road. Turn Right onto Bear Creek road and continue for 0.6 miles until you reach Wheeler Road. Turn left onto Wheeler Road. Continue on Wheeler Road, the property will begin on your left after about 1.1 miles and on your right after another 0.1 miles. Boundary Lines All boundaries have recently been surveyed, chopped, and marked with white paint on the trees and pink flagging. There is also a plat and map attached that further details the property boundaries. General Provisions 1. The Seller warrants that he has clear and marketable title to the land and hunting rights. 2. Lease holder will enter a 12 month lease that runs from August 31 2017, to September 1, 2018. 3. Lease holder will be required to hold a hunt lease liability insurance policy, further detailed earlier in this document, naming the landowner additionally insured. 2
Wheeler Estates LLC Attn: Matthew Colbert PO Box 190 Brookneal, VA 24528 May 24, 2017 4. Lease holder will follow all game laws and conduct themselves in a reasonable and responsible manner so as to not cause any harm to the property or structures there within. 5. The roads within the leased property are to remain in as good or better condition than they were found at the start of the hunt lease. The bid can be submitted using mail, phone, or email by or before the date mentioned earlier in this invitation. The mailing address is PO Box 190, Brookneal VA 24528 and the phone number and email address are below. Your time spent in consideration of this sealed bid for hunt lease is greatly appreciated. For any questions or concerns please contact Matthew Colbert at (434)376-2322 or via email Matthew.Colbert@fosterfuels.com. Thank you: Matthew Colbert Lease Agent for Wheeler Estates LLC 3
Wheeler Estates LLC Attn: Matthew Colbert PO Box 190 Brookneal, VA 24528 May 24, 2017 Bid Sheet Land for Hunt Lease: Wheeler Tract as described in bid notice dated: May 24, 2017 Bid Due By: Monday July 3, 2017 Lump Sum Bid Amount: $ Date: Bidder: Business name: Address: Signature: Lessor: Acceptance of Bid Watt R. Foster Jr. Date Manager, Wheeler Estates LLC 4
EXAMPLE HUNTING LEASE AGREEMENT For the sum of $ and other good and sufficient consideration, this Agreement is made by and between Wheeler Estates LLC (hereinafter Lessor/Owner ) and, et al, (hereinafter Lessee, whether one or more) for the lease of certain hunting rights on a property (hereinafter the Property ) containing 494.34 acres, more or less and described further as: Property identified to Lessee as the Wheeler Tract and on record with the Clerk of the Court in Campbell County Virginia as tax ID #s 26-A-10, 26-A-12A, and 26-A-8. This tract containing 494.34 acres more or less. 1. Hunting Rights. The parties hereto agree that only those hunting rights pertaining to the legal taking of game on the Property are granted by this Agreement to Lessee. The parties further agree that nothing in this Lease Agreement shall prevent Lessor or Lessor s immediate family from hunting on the property. 2. No Violation of Game Laws. Lessee agrees and covenants to abide by all state and national game laws and to take all reasonable and necessary steps to prevent any violation of such laws by any person hunting on the Property. 3. Vehicle Use. Lessee agrees that the use of all vehicles, including both on-road and off-road vehicles, ATV s, trucks, tractors and trail bikes, shall be conducted in such manner as not to damage roads or existing trails on the Property. Wet weather vehicle use on internal roads is not permitted. 4. Damage and Limitations. Lessee agrees to and assumes full responsibility for damages of whatsoever kind which occur by Lessee s use and activities on the Property. Damage shall include failure to keep the property clean including failure to remove all parts of animals killed. Additionally, no firewood is to be cut from the property with the exception of trees already dead and down. No open fires will be permitted. 5. Species to be Hunted. Lessee may hunt any species during any legal game season with the exception of Quail. No Quail hunting is permitted at any time. 6. Fences and Other Enclosures. Lessee agrees that no fences or enclosures shall be placed upon the Property without the prior written permission of the Lessor. 7. Dog Kennels. No dog kennels are permitted on the property. - 1 -
8. Food Plots, Tree Stands, Camp Facilities. Lessee is hereby granted the right to: A. Establish and maintain food plots at locations approved by Lessor. B. Place tree stands and hunting blinds. C. Locate camp house and/or mobile camping facilities at a site mutually agreeable with Lessor. 9. Trespassers. Lessee agrees to post notices against trespassers on the Property in the name of their club or organization and is granted the right to notify appropriate law enforcement authorities about the presence of unauthorized persons and trespassers on the Property and to institute prosecution proceedings for trespass. Nails used in posting this property shall be aluminum only, and it is agreed that no other type of nails will be used. Nails shall be driven into trees only when an alternative location is not available. 10. Maintenance of Gates and Roads. Lessee agrees to maintain all existing gates and roads on the Property in similar condition as at the commencement of this Agreement. Gates are required to be kept locked with the Lessee s own lock at all times including during the use of the property. Locks should be interlocked so as to allow Lessor access to the property at any time. 11. Rights of Third Parties. This Agreement is subject to any prior existing rights of third parties and is further subject to rights, other than hunting rights, which may be granted to third parties by Lessor/Owner in the future. 12. Application. If any Lessee is an organization composed of several members, the word Lessee shall apply to the organization and to any or all of its members, and the terms and conditions of this Lease shall apply to each and every member. The terms and conditions of this Lease shall also apply to any and all guests of the organization and its members. Violation of any agreement or obligation of this Lease by any Lessee shall result in the termination of the Lease, and all rights granted hereunder forfeited. In the event any hunter paying consideration for this lease fails to execute the same, then those hunter(s) executing the agreement shall be deemed as agents for such other hunters and responsible for all obligations hereunder imposed upon each individual member of the party. Violation of any agreement or obligation herein by any Lessee or guest of Lessee shall cause the lease, at the request of the Lessor, thereupon to cease and terminate as to the entire group, and all rights granted hereunder will be forfeited. 13. Membership. Membership in any club or organization acting as Lessee shall be limited to members. All member s names are to be listed in Schedule A of this lease agreement. Guests of club members shall also sign a copy of Exhibit A to this lease. Any minors that enter the property shall have a copy of Exhibit A signed by a legal guardian on their behalf - 2 -
14. Term. This Agreement shall begin on the 31 st day of August, 2017, and expiring on the 1st day of September, 2018 unless terminated sooner as provided herein below in Article 15. If Lessee remains in possession of the Leased property, with the consent of the Landlord, after the lease expiration date stated above, the lease will automatically renew for another year with a Twenty Five Cent ($.025) per acre increase. That is equivalent to an increase of $123.56 per year. Either party can stop the renewal with 30 days written notice. 15. Termination. Nothing in this Agreement shall be construed to limit the right of Lessor/Owner to sell the Property and this Agreement shall automatically terminate as to any portion of the Property sold at the time that any deed conveying such portion is signed. Termination due to the sale of the property will result in a prorated refund to the Lessee for the remaining term of the lease. Violation of any article of this Lease Agreement shall be grounds for termination of the remaining period of the Lease at the Lessor s discretion in that event no refund will be paid to Lessee. 16. Insurance. Lessee shall at all times during the term of this Lease Agreement, keep in full force and effect, at it s own expense, a public liability policy with minimum limits of $1,000,000.00 (1 million) on account of property damage, bodily injuries to, or death of any person or property located on the Property, or which may be caused by an activity on or from the Property. An insurance certificate shall be issued to the Lessor naming Lessor as additional insured along with Lease payment. If Guests are allowed to participate in any activities with the Lessee or enter upon the lease property an insurance policy providing full guest coverage must be purchased by the Lessee. Full Guest coverage includes but is not limited to accidents or incidents involving the Guest alone, Member vs. Guest, Guest vs. Member, Guest vs. Guest, Guest vs. Property, or Property vs. Guest 17. Release of Liability. Lessee agrees that no warranty, either express or implied, is made by Lessor as to the existing condition of the Property or as to the existence of any roads, buildings, gates or other improvements located thereon. Lessee has been informed and does understand that dangerous conditions can and do exist on the Property, whether naturally created or caused by man and Lessee accepts and acknowledges all responsibility for any dangers, accidents, risks and hazards associated with Lessee s use and occupation of the Property. Further, Lessee indemnifies and holds Lessor harmless from claims, demands, causes of action and damages, including attorneys fees, resulting from any accident, incident or occurrence arising out of Lessee s use of the Property. It is fully agreed and understood by Lessee that the terms and conditions recited in that certain Release of Liability and Acknowledgment and Acceptance of Dangers, Risks and Hazards of Hunting Lease attached to and made a part of this Agreement as Exhibit A are expressly incorporated into this Agreement. Lessee individually and collectively, agrees to read and indicate approval of such Exhibit A by signing as indicated and, further, to have each and every hunter read, approve and sign a copy of said Exhibit A prior to hunting or otherwise being upon the Property. - 3 -
18. Notice. Any notice required or permitted under this Agreement shall be made in writing and shall be deemed effective when mailed by United States registered or restricted mail, return receipt requested, or when delivered by personal service or when delivered by national courier service with receipt required. For purposes of any notice pursuant to this Agreement, the addresses of the parties are: ADDRESS OF LESSOR: Wheeler Estates LLC Attn: Watt R. Foster Jr. PO Box 190 Brookneal, VA 24528 ADDRESS OF LESSEE: 19. Entirety and Modification. This Agreement contains the entire agreement between the parties hereto and supersedes any prior negotiations, arrangements and agreements concerning the same matter. No modification to this Agreement shall be effective unless reduced to a written instrument signed by both parties hereto. 20. Applicable Law. This Agreement is subject to the laws of the State of Virginia and is to be construed in accordance with those laws. In the event that any part of this Agreement is found to be invalid or otherwise unenforceable by a court of competent jurisdiction, then that portion of the Agreement remaining shall continue to be binding upon the parties and shall be enforced to the fullest extent possible in accord with the purposes stated herein. 21. Payment. Rent payment is due at the time of the lease signature along with insurance documents as explained in section 16. Checks written for lease payment are to be made to Watt R. Foster Jr. WITNESS the signatures of the parties to this Agreement in duplicate on this the 1 st day of July, 2017. LESSOR By: Matthew Colbert Agent for Wheeler Estates LLC LESSEE By: - 4 -
SCHEDULE A MEMBERSHIP LIST Attach additional pages if necessary - 5 -
EXHIBIT A RELEASE OF LIABILITY AND ACKNOWLEDGMENT AND ACCEPTANCE OF DANGERS, RISKS AND HAZARDS OF HUNTING LEASE I hereby acknowledge that I have knowingly and willingly entered a Hunting Lease Agreement, or become a party bound by the terms and conditions of a Hunting Lease Agreement by and between Wheeler Estates LLC, et al (hereinafter the Lessor, whether one or more), and, et al, dated July 1, 2017. I understand the terms, provisions and conditions of the Hunting Lease Agreement and will abide by its terms, provisions and conditions. I further acknowledge and understand that no warranty, either express or implied, is made by the Lessor as to the condition of the hunting lease (hereinafter the leased premises) located in Campbell County, Virginia, or any roads, buildings, gates or other improvements located thereon. This document is sufficient warning that dangerous conditions, risks and hazards do exist. My presence and activities on the leased premises expose both me and my property to dangerous conditions, risks and hazards, including but not limited to: poisonous snakes, insects and spiders; blinds and tree stands, whether or not erected by Lessor; erosion and general condition of the land, both on and off roadways, creating rough, hazardous and dangerous driving and walking conditions; animals both wild and domestic that may be diseased and/or potentially dangerous; deep water; persons with firearms both on or off the leased premises; and the use of vehicles. I hereby state that I expressly assume all such dangers, risks and hazards. In consideration for the right to enter the leased premises, I hereby release and agree to protect, indemnify and hold harmless the Lessor and his or her respective agents, employees and assigns from and against any and all claims, demands, causes of action and damages, including attorneys' fees, resulting from any accident, incident or occurrence arising out of, incidental to or in any way resulting from the use of the leased premises and all improvements thereon, whether or not caused by the Lessor's negligence or gross negligence. This release applies during the time that I am permitted on the leased premises. I hereby further covenant and agree that I, my heirs, successors and assigns will not make any claim or institute any suit or action at law or in equity against the Lessor or his or her respective heirs, agents, representatives, employees, successors or assigns. As used in this release, the terms I, my person and myself include minors in my care while on the leased premises. Dated and signed this the day of, 20. (Hunter's Signature) (Hunter's Printed Name) Hunter's Address: - 6 -
Wheeler Road Hunt Lease Legend Access Roads Not Part of Lease Property Boundary Feet 0 500 1,000 2,000 3,000 Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, TomTom, MapmyIndia, OpenStreetMap contributors, and the GIS user community