Fillable Printable Hunting Rental and Lease Form - Maryland
Fillable Printable Hunting Rental and Lease Form - Maryland
Hunting Rental and Lease Form - Maryland
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HUNTING LEASE AGREEMENT
THIS HUNTING LEASE AGREEMENT (hereinafter this “Lease”), made this _____day
of _____________ 20___, by and between the STATE OF MARYLAND to the use of the
DEPARTMENT OF NATURAL RESOURCES, Maryland Forest Service, 580 Taylor Avenue,
E-1, Annapolis, Maryland 21401 (hereinafter “Lessor”), and
_______________________________________________________ (hereinafter “Lessee”).
(HUNT CLUB NAME)
WITNESSETH, THAT FOR AND IN CONSIDERATION of the mutual entry into this
Lease by the parties hereto, and for other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged by each party hereto, Lessor hereby leases to
Lessee and Lessee hereby leases from Lessor, in its "AS IS" condition, all of that real property,
situate and lying in ____________________ County, Maryland, which consists of approximately
____ ± acres of land as shown on the map attached hereto as Exhibit A (hereinafter referred to as
the “Premises”), being a portion of a tract of land (hereinafter referred to as the “Land”)
described in a deed dated ______________________________________, from
______________________________________ to Lessor and recorded in the Land Records of
________________ County, Maryland in Liber _____, Folio _____. This Lease does not
convey to Lessee any interest in or to any mineral rights.
SUBJECT TO THE OPERATION AND EFFECT of any and all instruments and matters
of record or in fact,
UPON THE TERMS AND SUBJECT TO THE CONDITIONS which are hereinafter set
forth:
Section 1. Term.
1.1. Length.
This Lease shall be for a term (the “Term”) beginning __________________ ,
20___ (the “Commencement Date”) and terminating on __________________, 20___ (the
“Termination Date”).
1.1.1. Renewal Terms. At the end of the Term this Lease will automatically
renew for four additional and consecutive one year Terms unless either Tenant or Landlord
notifies the other party in writing no later than June 15
th
of the then-current Term that the
notifying party is not renewing the Lease (“Notice of Non-renewal”). In the event that either
party chooses not to renew the Lease and forwards a Notice of Non-renewal to the other party in
accordance with this Section 1.1.1. the Lease shall automatically terminate at the end of the then-
current Term. If this Lease is renewed, the period of any such renewal being thereinafter
referred to as the “Term”. Any such renewal shall be upon the terms and subject to the
conditions which are set forth in the provisions of this Lease. Pursuant to this Section 1.1.1., in
no event will this Lease renew for any period after _______________, 20___.
1.2. Surrender. Lessee shall at its expense, at the expiration of the Term or any
earlier termination of this Lease, (a) promptly surrender to Lessor exclusive possession of the
Premises (including any improvements which, under the provisions of Section 5, are owned by
Lessor) in good order and repair (ordinary wear and tear excepted), (b) remove therefrom the
Lessee's signs, goods and effects not owned by Lessor, and (c) repair, to Lessor's satisfaction,
any damage to the Premises or the property caused by such removal.
Section 2. Rent.
2.1. Amount. As rent for the Premises Lessee shall pay to Lessor the following:
2.1.1. Rent. Subject to rent increases provided for in Paragraph 2.1.2 below, an
annual rent equal to ___________________________________Dollars ($___.___) per year.
2.1.2 Rent Increases. Each year the rent will be reviewed by DNR and
adjusted, if necessary, to reflect current market conditions. Lessee will be notified of any rent
increase, in writing, by July 1
st
of each year of the Term, unless either party has notified the other
through a Notice of Non-renewal in accordance with Section 1.1.1. that it is not renewing the
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Lease. In no event shall the increase in rent exceed Two (2%) percent of the previous year’s
rent. The amount of rent due each year of the Term as determined under the provisions of this
Section 2 is hereinafter referred to as the “Rent”.
2.2. When due and payable.
2.2.1. The Rent shall be due and payable on July 31
st
of each year of the Term,
beginning July 31, 20___.
2.2.2. Each payment of Rent shall be made promptly when due, without any
deduction or setoff whatsoever, and without demand. Any such payment which is less than the
amount of Rent then due shall constitute a payment made on account thereof, the parties hereto
hereby agreeing that Lessor's acceptance of such payment (whether or not with or accompanied
by an endorsement or statement that such lesser amount or Lessor's acceptance thereof
constitutes payment in full of the amount of Rent then due) shall not alter or impair Lessor's
rights hereunder to be paid all of such amount then due, or in any other respect.
2.3. Where payable. Lessee shall pay the Rent, in lawful currency of the United
States of America, to Lessor by delivering or mailing it to Department of Natural Resources,
Forest Service, 6572 Snow Hill Road, Snow Hill, Maryland 21863 or to such other address or in
such other manner as Lessor from time to time specifies by written notice to Lessee.
Section 3. Use of Premises.
3.1. Lessee shall occupy and use the Premises for and only for the purpose of hunting
for wild game of those species legal in Maryland and all other hunting, fishing and trapping
rights are specifically excluded herefrom. Only Lessee’s members shall be permitted to hunt on
the Premises; a list of members is attached hereto as Exhibit B. Any change in membership shall
be promptly reported to Lessor. All of Lessee’s members have read and/or have been given a
copy of (i) this Lease and (ii) the insurance policy required under Section 4 of this Lease, and all
members are aware of the terms and conditions contained therein. Lessee shall perform any and
all hunting under this Lease in strict accordance with all federal, state and local laws and
ordinances and all Chesapeake Forest Land Regulations listed under Title 8, Subtitle 1, Chapter 7
of the Code of Maryland Regulations (“COMAR 08.01.07”). Lessee shall submit to Lessor an
“Annual Hunt Report” at the close of each hunting season, but no later than the first day of June
each year.
3.2 In its use of the Premises, Lessee will not perform (nor permit to be performed) on
any portion of said Premises, any illegal, immoral or objectionable act or acts, nor will it perform
(nor permit to be performed) anything in or about the Premises which would contravene a policy
of insurance against loss by fire, which insurance Lessor may, but is not required, to maintain.
3.3 NO HUNTING SHALL BE PERMITTED WITHIN ONE HUNDRED FIFTY
FEET (150FT.) OF ANY EXTERIOR BOUNDARY OF THE PREMISES OR ANY PUBLIC
ROAD OR WAY OR FOR THE CONDUCT OF DNR’S OPERATIONS.
3.4. Permits, Licenses and Compliance with Legal Requirements.
Lessor's granting of this Lease does not im ply approval of the Department of
Natural Resources or exception for any permit requirements. Lessee's use and occupancy of the
Premises shall be in compliance with the requirements of all applicable Federal, State and local
laws, ordinances, rules and regulations, including all applicable regulations and policies
promulgated by the State of Maryland, Department of Natural Resources, including but not
limited to COMAR 08.01.07. Lessee shall be responsible for obtaining all camping permits and
hunting licenses required for its use and occupancy of the Premises. Lessee shall be responsible
for and assume all liability in connection with any public hearings conducted in connection with
the issuance of any permit, license or other governmental approval.
3.5 Restrictions on Use.
3.5.1. Lessee shall not: (a) build or maintain any fires on the Premises; (b) cut, damage,
mutilate or destroy any vegetation (except grass, weeds or underbrush, after obtaining Lessor’s
approval); (c) construct any new roads, nor mark trails by blaze or with paint; (d) camp on the
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Premises, unless an express written camping permit is executed by the parties hereto; and (e)
permit any toxic or hazardous materials or substances to be brought onto the Premises.
3.5.2. Neither Lessee, nor any of Lessee’s members, may use the Premises or its/their
leasehold interest in the Premises for purposes that result in prof it or income production.
3.6 No motor vehicles, including but not limited to cars, trucks, trail bikes, all-terrain
vehicles, and off-road vehicles, are permitted on any roads posted “Road Closed to Vehicular
Traffic” or “This Road is Closed”. Except as otherwise provided herein, motor vehicles shall be
permitted: (i) only on those existing roads designated by the Forest Manager, and (ii) only to
access parking areas and or camping sites permitted under Paragraph 3.4 of this Lease. All-
terrain vehicles or off-road vehicles may be used on the Premises (i) only with the written
permission of the Forest Manager, and (ii) only to access blinds or tree stands or to remove
harvested game animals. All-terrain vehicles or off-road vehicles that have been permitted in
writing by the Forest Manager are strictly prohibited in all wetland areas. Lessor shall have the
right to close any road on the Premises and shall indicate such closure by posting a sign at the
roadway entrances stating, “THIS ROAD IS CLOSED” or “ROAD CLOSED TO VEHICULAR
TRAFFIC”.
Section 4. Insurance and indemnification.
4.1. Insurance to be maintained by Lessee.
4.1.1. Lessee shall maintain at its expense, throughout the Term, insurance
against loss or liability in connection with bodily injury, death, property damage or destruction,
occurring within the Premises or arising out of the use thereof by Lessee or its agents,
employees, officers, and visitors, under one or more policies of Comprehensive General Liability
insurance having such limits as to each as are reasonably required by Lessor from time to time,
but in any event of not less than a minimum coverage of One Million Dollars ($1,000,000) per
occurrence, Two Million Dollars ($2,000,000) annual aggregate, and shall contain broad form
CGL Endorsement or its equivalent. Each such policy shall (a) name as insureds thereunder the
State of Maryland and the Department of Natural Resources and Lessee, (b) by its terms be
considered primary and non-contributory with respect to any other insurance (if any) carried by
Lessor or its successors, (c) by its terms, provide Lessor with thirty (30) days prior written notice
before cancellation, non-renewal, or material change to a policy, and (d) be issued by an insurer
of recognized responsibility licensed to issue such policy in Maryland. Lessee shall obtain from
its insurer and deliver to Lessor an endorsement to Lessee's policy to evidence that Lessor is
named as an additional insured and will be given thirty (30) days notice prior to cancellation,
non-renewal, or material change to the policy.
4.1.2. (a) At least five (5) days before the Commencement Date, Lessee shall
deliver to Lessor an original or a signed duplicate copy of each such policy (or at Lessor's option,
a certificate thereof), and (b) at least thirty (30) days before any such policy expires, Lessee shall
deliver to Lessor an original or a signed duplicate copy of a replacement policy thereof (or at
Lessor's option, a certificate thereof). In the event Lessee fails to pay any insurance premium
when due, Lessor shall have the option but not the obligation of paying such insurance premiums
on behalf of Lessee and, Lessee shall immediately, upon demand, repay such sum to Lessor .
4.2. Indemnification of Lessor. Lessee shall be responsible for, and shall defend,
indemnify and hold harmless the State of Maryland and the Department of Natural Resources,
and its members, officers, agents, and employees against and from, any and all liability or claim
of liability for personal injury, death or property damage (including reasonable attorneys' fees)
arising out of the use, occupancy, conduct, operation or management of the Premises during the
Term by Lessee or its agents, contractors, servants, employees, licensees, or invitees including
but not limited to: (a) any breach or default by Lessee in performing any of their obligations
under the provisions of this Lease or applicable law, or (b) any negligent or intentionally tortious
act or omission. Lessee agrees that indemnification as described in this section shall further
mean and include indemnification of any injury or harm occurring as a result of Lessee's use and
occupancy of the Premises pursuant to this Lease, even if the injury does not become apparent or
does not manifest until after expiration of this Lease.
4.3. Immunity. Nothing in this Section 4 shall constitute a waiver of any immunity
which Lessor may be entitled to under the laws of the State of Maryland, as they may be
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amended from time to time.
Section 5. Improvements to Premises.
5.1. General. Lessee shall not make any alteration, addition or improvement,
including permanent blinds or tree stands, to the Premises, nor raze any improvement, without
first obtaining Lessor's written consent thereto, (which consent shall not be unreasonably
withheld).
When Lessee desires to make minor alterations, improvements or additions to the
Premises which will cause no disturbance to the existing conditions of the land, Lessee shall
submit a detailed written request for approval to the Forest Manager at the notice address set
forth in Section 12. The Forest Manager will use reasonable efforts to communicate Lessor's
decision to Lessee within ten (10) days after receipt of a complete written proposal from Lessee.
5.2. Fixtures. Any and all improvements, alterations, repairs to the road system
and the installation of any gates on the Premises by Lessor or Lessee shall, immediately upon the
completion of their installation, become Lessor's property without payment therefore by Lessor.
5.3. Lessee shall be permitted to construct free standing deer stands or employ
portable deer stands. No structures may be built in the trees. No deer stands shall be erected
within one hundred fifty feet (150’) of an exterior boundary of the Premises or public road or
way.
5.4. Mechanics Liens. Lessee has no authority, express or implied to encumber the
Premises or take any action resulting in a lien being placed on the Premises. Lessee
acknowledges that pursuant to State Law a mechanic's lien may not be filed against State
Property. Notwithstanding the foregoing, if a mechanic's lien is wrongfully placed on the
property Lessee shall (a) immediately after it is filed or claimed, have released (by bonding or
otherwise) any mechanics', materialmens' or other lien filed or claimed against any or all of the
Premises or the Improvements, by reason of labor or materials provided for or about any or all of
the Premises, or the improvements during the Term or otherwise arising out of Lessee's use or
occupancy of any or all of the Premises, the improvements, and (b) defend, indemnify and hold
harmless Lessor against and from any and all liability, claim of liability or expense (including,
by way of example rather than of limitation, that of reasonable attorneys' fees) incurred by
Lessor on account of any such lien or claim.
If Lessee fails to discharge any such lien within fifteen (15) days after it first
becomes effective against any of the Premises, then, in addition to any other right or remedy held
by Lessor on account thereof, Lessor may (a) discharge it by paying the amount claimed to be
due or by deposit or bonding proceedings, and/or (b) in any such event compel the prosecution of
any action for the foreclosure of any such lien by the lienor and pay the amount of any
judgement in favor of the lienor with interest, costs and allowances. Lessee shall reimburse
Lessor for any amount paid by Lessor to discharge any such lien and all expenses incurred by
Lessor in connection therewith, together with interest thereon at the rate of twenty percent (20%)
per annum from the respective dates of Lessor's making such payments for incurring such
expenses.
Nothing in the provisions of this Lease shall be deemed in any way (a) to
constitute Lessor's consent or request, express or implied, that any contractor, subcontractor,
laborer or materialman provide any labor or materials for any alteration, addition, improvement
or repair to any or all of the Property, or (b) to give Lessee any right, power or authority to
contract for or permit to be furnished any service or materials, if doing so would give rise to the
filing of any mechanics' or materialmens; lien against any or all of the Property or Lessor's estate
or interest therein, or (c) to evidence Lessor's consent that the Property be subjected to any such
lien.
5.5. Compliance with Maryland Historic Preservation Law. Lessee acknowledges
that pursuant to the Annotated Code of Maryland, Article 83B Sections 5-617 and 5-618 Lessee
shall, as early in the construction planning process as possible, using Lessor as a liaison, consult
with the Maryland Historical Trust to determine if the proposed construction, alteration, or
improvement to the Premises will adversely affect any improvement on the Premises that is
listed in or is eligible for the Maryland Register of Historic Properties. If the Maryland
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Historical Trust recommends alterations to the construction plans, and such alterations are
required by law or deemed advisable by Lessor, Lessee shall bear the entire cost of planning for
and implementing such alterations.
Section 6. Maintenance and services.
Lessee shall maintain the Premises in a neat and orderly condition, ordinary wear and tear
excepted. Lessee shall maintain all grounds in good repair and condition, and shall provide
security necessary to keep the Premises in a safe and usable condition. Lessee shall post the
Premises against all trespassers, using only those signs supplied by Lessor. Signs shall be at one
hundred (100’) foot intervals around the exterior boundaries of the Premises and shall only be
attached to trees using aluminum or galvanized nails. Lessor shall have no responsibility or
liability to maintain any outbuilding or structure on the Premises, and shall have the right to
remove any outbuilding or structure that Lessor determines, at Lessor’s sole discretion, is unfit or
unsafe for use.
Section 7. Lessor's Retained Rights.
7.1. General. This Lease is for the sole purpose of granting Lessee the
exclusive right to use the Premises for hunting as set forth in Paragraph 3.1 above. Lessee
hereby acknowledges it is the intention of the parties that Lessor retains possessory rights in
common with Lessee in and to the Premises, including the right of Lessor to use the Premises
and permit the use of the Premises, except that Lessor shall not use or permit any party except
Lessee to use the Premises for hunting purposes during the Term of this Lease. The rights
conferred by this Lease are hereby strictly limited to those contained herein, and such rights shall
be exercised by Lessee so as not to interfere with the rights of Lessor or any agent,
representative, contractor or other member of the general public, authorized by Lessor to enter
upon the Premises in the conduct of any of its operations and powers, including but without
being limited to: (1) inspection of the Premises, (2) to make any alteration, improvement or
repair to the Premises, (3) the harvesting of timber and planting of trees, (4) the cutting of fire
lanes and other silvicultural activities and fire prevention practices, (5) any other ordinary
timberland, general land management practices, (6) the provision of natural resource and
recreational opportunities to the general public or any segment thereof, and (7) for fulfilling any
other duties or obligations which Lessor has as an agency of the State of Maryland
7.2. Dedication of Rights of Ways for Sewers, Roads and Utilities. Lessor retains the
right to construct and access, and grant to others the right to construct and access, roadways,
storm sewers, sanitary sewers, water lines, electric lines, gas lines and other public utilities, in
and through the Premises. Lessee will not unreasonably refuse to join in any grant or dedication
by the Lessor to the State, the County, any other municipal corporation, the public generally, and
any public utility company, of an easement or other conveyance for roadways, storm sewers,
sanitary sewers, water lines, electric lines, gas lines and other public utilities, in or through the
Premises.
Section 8. Fire and other casualties.
8.1. Destruction of the Premises. If during the Term the Premises is damaged by
storms or other casualty, Lessor shall have the option, in its sole discretion to (a) proceed to
restore the Premises, only to the extent of insurance proceeds, if any, received by Lessor from
the State Insurance Program, or (b) elect to terminate this Lease as of the date of this casualty.
In the event Lessor terminates this Lease, (a) Lessee shall pay to Lessor the Rent
payable by Lessee hereunder and accrued through the date of such termination, (b) Lessor shall
repay to Lessee any and all prepaid Rent for periods beyond such termination, and (c) Lessor
may enter upon and repossess the Premises without further notice.
8.2. Lessee's negligence. Anything contained in any provision of this Lease to the
contrary notwithstanding, if any such damage to the Premises is caused by or result from the
negligent or intentionally tortious act or omission of Lessee, those claiming under Lessee or any
of its officers, members, employees, agents or invitees, Lessee shall pay to Lessor upon demand
the cost of (a) any repairs and restoration made or to be made as a result of such damage, or (b)
(if Lessor elects not to restore the Premises) any damage or loss which Lessor incurs as a result
of such damage.
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Section 9. Condemnation.
9.1. Substantial Condemnation. If all or substantially all of the Premises are taken
by the exercise of any power of eminent domain or are conveyed to or at the direction of any
governmental entity under a threat of such taking (each of which is herein referred to as a
“Condemnation”), this Lease shall terminate on the date (hereinafter referred to as the “Vesting
Date”) on which the title to so much of the Premises as is the subject of such Condemnation
vests in the condemning authority.
9.2. Less than substantial Condemnation. If less than substantially all of the Premises
is taken, as aforesaid,
9.2.1. this Lease shall continue in full force and effect unless Lessee (a)
reasonably determines that its ability to use and occupy the Premises, in substantially the same
manner as contemplated in this Lease, has been and will continue to be substantially impaired
after such Condemnation, and (b) notifies Lessor ther eof within thirty (30) days after the Vesting
Date, in which event this Lease shall terminate on the date set forth in such notice (which date
shall be at least thirty (30) days and not more than ninety (90) days after the date on which such
notice is given);
9.2.2. if this Lease is not terminated pursuant to the foregoing provisions of this
subsection, the Rent (and each installment thereof) shall be abated from the Vesting date through
the Termination Date in proportion to the reduction, if any, of the fair market rental value of
Lessee's leasehold estate hereunder immediately before such Condemnation to its fair market
rental value immediately thereafter (in each case assuming that such rental would be upon the
terms and subject to the conditions set forth in the provisions of this Lease).
9.3. Condemnation Proceeds. Any proceeds from an award of damages given in
connection with a condemnation shall become the sole property of and shall be paid directly to
Lessor.
Section 10. Assignment and subletting.
10.1. General. Lessor's fee simple interest in the Premises may not be encumbered or
subordinated by operation of this Lease or by any action taken by Lessee.
10.2 Lessee shall not be permitted to assign or sublet this Lease.
Section 11. Default.
11.1. Definition. It shall be an event of default (“Event of Default”) if Lessee fails
(a) to pay any Rent or other sum which it is obligated to pay by any provision of this Lease,
when and as due and payable hereunder and without demand therefore, or (b) to perform any of
its other obligations under the provisions of this Lease.
11.2. No grace period. Upon the occurrence of an Event of Default Lessor shall not be
required to give Lessee any notice of default and Lessee shall not be entitled to any grace or cure
period.
11.3. Lessor's rights on Event of Default.
11.3.1. On the occurrence of any Event of Default, Lessor may (subject to the
operation and effect of the provisions of subsection 11.2.)
(a) terminate this Lease by giving written notice of such termination to Lessee,
which termination shall be effective as of the date of such notice or any later date therefore
specified by Lessor therein and upon such termination repossess the Premises in accordance with
the requirements of applicable law; and/or
(b) pursue any combination of such remedies and/or any other right of remedy
available to Lessor on account of such Event of Default under this Lease and/or at law or in
equity.
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Nothing herein contained shall limit or prejudice Lessor's right to damages, by reason of
such termination or relieve Lessee from the requirements of Section 1.2 of this Lease.
11.3.2. In the event this Lease is terminated due to an Event of Default by
Lessor, Lessee shall not be entitled to return of any Rent paid by Lessee to Lessor at the time of
the termination.
11.3.3. On the occurrence of an Event of Default, Lessee shall, immediately on
its receipt of a written demand therefore from Lessor, pay to Lessor, an amount sufficient to
reimburse Lessor for (a) all expenses (including, by way of example rather than of limitation,
any and all repossession costs, management expenses, operating expenses, legal expenses and
attorneys' fees) incurred by Lessor (i) in curing or seeking to cure any Event of Default and/or
(ii) in exercising or seeking to exercise any of Lessor's rights and remedies under the provisions
of this Lease and/or at law or in equity on account of any Event of Default, and/or (iii) otherwise
arising out of any Event of Default.
Section 12. Notices. Any notice, demand, consent, approval, request or other
communication or document to be provided hereunder to a party hereto shall be (a) given in
writing, and (b) deemed to have been given (i) forty-eight (48) hours after being sent by certified
or registered mail in the United States mails, postage prepaid, return receipt requested, if to
Lessor: Department of Natural Resources, c/o Maryland Forest Service, 580 Taylor Avenue,
Annapolis, Maryland 21401, (410)260-8531 and if to Lessee:
_____________________________________________________________________________,
(HUNT CLUB NAME AND ADDRESS)
and if to the Forest Manager: Department of Natural Resources, Forest Service, Chesapeake
Forest Office, 6572 Snow Hill Road, Snow Hill, Maryland 21863, or to such other address in the
United States of America as such party may designate from time to time by notice to the other, or
(ii) (if such party's receipt thereof is acknowledged in writing) upon its hand or other delivery to
such party.
Section 13. General.
13.1. Effectiveness. This Lease shall become effective upon and only upon its
execution and delivery by each party hereto.
13.2. Complete understanding. This Lease represents the complete understanding
between the parties hereto as to the subject matter hereof, and supersedes all prior written or oral
negotiations, representations, warranties, statements or agreements between the parties hereto as
to the same. No inducements, representations, understandings or agreements have been made or
relied upon in the making of this Lease, except those specifically set forth in the provisions of
this Lease. Neither party hereto has any right to rely on any other prior or contemporaneous
representation made by anyone concerning this Lease which is not set forth herein.
13.3. Amendment. This Lease may be amended by and only by an instrument
executed and delivered by each party hereto.
13.4. Applicable law. The provisions of this Lease shall be governed by the laws of
the State of Maryland and the parties hereto expressly agree that the courts of the State of
Maryland shall have jurisdiction to decide any question arising hereunder after all administrative
remedies, if any, have been exhausted.
13.5. Waiver. Lessor shall not be deemed to have waived the exercise of any right it
holds hereunder unless such waiver is made expressly and in writing (and no delay or omission
by Lessor in exercising any such right shall be deemed a waiver of its future exercise). No such
waiver made as to any instance involving the exercise of any such right shall be deemed a waiver
as to any other such instance, or any other such right.
13.6. Severability. No determination by any court, governmental body or otherwise
that any provision of this Lease or any amendment hereof is invalid or unenforceable in any
instance shall affect the validity or enforceability of (a) any other such provision, or (b) such
provision in any circumstance not controlled by such determination. Each such provision shall
be valid and enforceable to the fullest extent allowed by, and shall be construed wherever
possible as being consistent with, applicable law.
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13.7. Non Discrimination. Lessee under the provisions of Title VII of the Civil Rights
Act of 1964 agrees not to discriminate against any employee or applicant for employment
because of sex, race, age, creed, color, religious affiliation, mental or physical disability, national
origin, ancestry or marital status. Lessee further agrees to post, in conspicuous places available
to employees and applicants for employment, notices setting forth the above agreement not to
discriminate. Lessee will not discriminate in the conduct and operation of its business in the
Premises against any person or group of persons because of sex, race, age, creed, color, religious
affiliation, mental or physical disability, natio nal origin, ancestry or marital status.
13.8. Termination for Convenience and Sufficient Appropriations. This Lease may
be terminated by Landlord in accordance with this clause in whole, or from time to time in part,
whenever Landlord determines that such termination shall be in the best interest of the State.
Lessor shall give thirty (30) days notice of such termination. Lessor’s financial obligations, if
any, under this Lease are contingent upon sufficient appropriations made by the State of
Maryland for the performance of this Lease by Lessor.
13.9. Recordation Prohibited. Neither party hereto shall record this Lease in the land
records of the County in which the Premises is located, and any such recordation shall be an
Event of Default under this Lease.
13.10. No Contingent Fees. Lessee warrants that it has not employed or retained any
person, partnership, corporation, or other entity, other than the Lessee’s president or other
authorized officer to solicit or secure this Lease, and that it has not paid or agreed to pay any
person, partnership, corporation, or other entity, other than a bona fide employee or agent, any
fee or any other consideration contingent on the making of this Lease.
13.11. Political Contribution Disclosure. Lessee shall comply with Sections 14-101
through 14-108 of the Election Law Article of the Annotated Code of Maryland, which requires
that every person that enters into, during any 12 month period, one or more contracts, leases, or
other agreements with the State, a county, or an incorporated municipality, or their agencies,
involving a cumulative consideration of at least One Hundred Thousand ($100,000) Dollars or
more, shall file with the State Administrative Board of Election Laws a statement disclosing
contributions to a candidate, or a series of such contributions, in a cumulative amount in excess
of Five Hundred ($500) Dollars made during the reporting period to a candidate for elective
office in any primary or general election. The statement shall be filed with the State
Administrative Board of Election Laws: (1) before a sale, purchase or execution of a lease or
contract by the State, a county, an incorporated municipality, or their agencies, and shall cover
the preceding 24 months; and (2) if the contribution is made after sale, purchase or the execution
of a lease or contract, then twice a year, throughout the lease or contract term , (a) within 5 days
after the end of the 6-month period ending January 31; and (b) within 5 days after the end of the
6-month period ending July 31.
13.12. Advertising. Lessee is prohibited from advertising on the Premises.
13.13. Compliance. In its use and occupancy of the Premises, Lessee shall, in all
respects, be solely responsible, financially and/or otherwise, for full and complete compliance
with (a) the Maryland Building Performance Standards of the Annotated Code of Maryland,
Article 83B, Section 6, Subtitle 4; (b) The Americans with Disabilities Act of 1990 (42 United
States Code, Section 12101 et seq.); and (c) the Occupational Safety and Health Standards of the
State of Maryland and the United States, including but not limited to the presence of friable
asbestos or other hazardous materials or chemicals, as (a), (b), and (c) may be amended from
time to time.
Hunt Club #_ ______
9
IN WITNESS WHEREOF, each party hereto has executed and sealed this Lease or
caused it to be executed and ensealed on its behalf by its duly authorized representatives, the day
and year first above written.
WITNESS: LESSOR:
STATE OF MARYLAND
DEPARTMENT OF NATURAL RESOURCES
_____________________ By:___________________________(SEAL)
(SIGNATURE) Kristin M. Saunders, Assistant Secretary
Approved as to legal form and sufficiency this _________
day of ______________, 20____.
__________________________
Assistant Attorney General
WITNESS: LESSEE:
_____________________________________
(HUNT CLUB NAME)
_____________________ By: _______________________________(SEAL)
(SIGNATURE) (SIGNATURE)
Name: ________________________________
(PRINTED NAME)
Title: _________________________________
[GUARANTY OF LEASE]
TO INDUCE LESSOR to enter into the foregoing Lease, _____________________, who
(PRINTED LESSEE NAME)
is a principal of Lessee named therein, hereby joins in the execution of this Lease for the sole
purpose of guaranteeing to Lessor Lessee's full and timely performance of its obligations
thereunder, to the same end and extent as if the undersigned were named as the “Lessee" therein.
WITNESS: LESSEE:
______________________________ _____________________________(SEAL)
(SIGNATURE) (LESEE SIGNATURE)
Hunt Club #_ ______
10
State of Maryland, County of Anne Arundel
On this the _____day of _____________________, 20_____, before me, the undersigned
officer, personally appeared Kristin M. Saunders, Assistant Secretary, Department of Natural
Resources of the State of Maryland, known to me (or satisfactorily proven) to be the person
described in the foregoing instrument, and acknowledged that, being authorized so to do,
executed the same in the capacity therein stated and for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
____________________________________
Notary Public
(Notarial Seal)
Commission expires _______________________
State of Maryland, County of _________________________
On this the __________ day of _____________________, 20_____, before me, the
undersigned officer, personally appeared ____________________________________________,
(PRINTED LESSEE NAME)
President/Authorized Officer of the ___________________________ Hunt Club, known to me
(or satisfactorily proven) to be the person described in the foregoing instrument, and
acknowledged that, being authorized so to do, executed the same in the capacity therein stated
and for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
____________________________________
Notary Public
(Notarial Seal)
Commission expires _______________________
