License Rental or Lease Agreement for Grazing on Public Land

License, Rental, or Lease Agreement for Grazing on Public Lands

This License Agreement is made this the day of , 20

between the State of (hereafter referred to as "Licensor") and

(hereafter referred to as "Licensee") of

1. Grant of License

Licensor hereby licenses to Licensee for a term of years, the property described as follows:

(Insert legal description or attached as Exhibit)

Licensee is granted this license for the purpose of grazing not more than . Licensee is limited to grazing head per acre.

This license is granted subject to the terms and conditions contained in this Agreement.

2. License Fee

Licensee shall pay to Licensor an annual fee of Dollars ($) payable each year on , in advance.

Licensee shall also pay Licensor on demand any sum that may have to be expended after the expiration, revocation or termination of this license in restoring the premises to its original condition.

3. Supervision and Control of Land

In addition to the regulations for the use of the land to which reference is made in Paragraph 19 of this license, the use of the property shall be subject to the general supervision and control of the herein referred to as "Officer," and to all rules and regulations regarding ingress, egress, safety, sanitation, and security that may be prescribed by Officer.

4. Inventory and Condition Report

An inventory and condition report of all personal property and improvements belonging to Licensor included in this license shall be made by a representative of Licensor and a representative of Licensee to reflect the present condition of the property as of the commencement date of this license. A copy of the inventory and condition report shall be attached to this document as Exhibit A and become a part of this document as if it were originally incorporated in this document. On the expiration, revocation or termination of this license, a similar inventory and condition report shall be prepared and submitted to Officer. It shall constitute the basis for settlement by Licensee with Officer for property shown to be lost, damaged or destroyed. The property shall be either replaced or restored to the condition required by Licensor, or at the election of Licensor, reimbursement made by Licensee at the then current market value.

5. Condition of Property

Licensee has inspected and knows the condition of the property, and it is understood that the property is hereby licensed without any representation or warranty by Licensor whatsoever, and without obligation on the part of Licensor to make any alterations, repairs, or additions to the property.

6. Restrictions on Assignment of License

Licensee shall neither transfer nor assign this license or any property on the premises, nor shall Licensee grant any interest or privilege whatsoever in connection with this license without permission in writing from Officer.

7. Reservation of Right of Entry

Licensor, its officers, agents and employees, reserves the right to enter the premises at any time and for any purpose necessary or convenient in connection with river, harbor and flood control work, to remove timber from the property, and to flood the property whenever necessary.

Licensor shall make every reasonable effort to avoid unnecessary injury to or death of Licensee's livestock on the premises when it is necessary to flood the property; but, in any event, licensee shall have no claim for damages of any character on account thereof against Licensor, or any officer, agent or employee thereof.

8. Nonliability of Licensor for Damages for Damage or Injury; Hold Harmless Clause

Licensor shall not be responsible for damages to property or injuries to persons that may arise from or be incident to the use and occupation of the property, or for damages to the property or injuries to the person of Licensee.

Licensor shall not be responsible for damages to the property or injuries to the person of Licensee's officers, agents, servants or employees, or others who may be on the property at their invitation or the invitation of any one of them, arising from or incident to the flooding of the property by Licensor or flooding from any other cause, or arising from or incident to any other government activities. Licensee shall hold licensor harmless from any and all claims.

9. Licensee's Duty to Protect Property

Licensee shall at all times exercise due diligence in the protection of the property against damage or destruction by fire and other causes.

10. Repair or Replacement of Licensor's Property

Any property of Licensor that is damaged or destroyed by Licensee because of Licensee's use and occupation of the property shall be promptly repaired or replaced by Licensee to the satisfaction of Officer.

Instead of repair or replacement, Licensee shall, if so required by Officer, pay to Licensor an amount sufficient to compensate for the loss sustained by Licensor by reason of damages to or destruction of government property.

11. Restrictions on Exploitation of Property

Licensee shall not cut timber, conduct mining or drilling operations, remove sand, gravel or associated substances from the ground, except in the exercise of mineral rights reserved to the record owner of the property, or commit waste of any kind. Licensee shall not in any manner substantially change the contour or condition of the property except for changes required in carrying out soil and water conservation methods and measures.

12. Compliance with Laws, Ordinances and Regulations

Licensee shall comply with all applicable laws, ordinances and regulations of any governmental agency where the licensed property is located, with regard to construction, sanitation, licenses or permits to engage in Licensee's grazing activities, and any other authorized matter.

13. Restrictions on Construction

Licensee shall not construct any permanent structure on the property and shall not construct any temporary structure or advertising sign on it without the prior written consent of Officer.

14. Payment of Taxes and Assessments

Licensee shall pay to the proper authorities, when due, all taxes, assessments and similar charges that, at any time during the term of the license, may be taxed, assessed or imposed on Licensor or on Licensee with respect to or on the property.

15. Resolution of Disputes

Except as otherwise specifically provided in this license, all disputes concerning questions of fact that may arise under this license that are not disposed of by mutual agreement shall be decided by Officer, who shall reduce his decision to writing and mail a copy of the decision to licensee at his address shown in this license. Within days from the mailing, Licensee may appeal to Licensor, whose written decision, or that of its designated representative, shall be final and conclusive on the parties. Pending decision of a dispute, licensee shall proceed with the performance of the license in full.

16. Termination

This license may be terminated by Licensee at any time by giving to Officer at least days' notice in writing, provided that in case of termination, no refund by Licensor of any fees previously paid shall be made.

17. Payment of Utilities

Licensee shall pay the cost, as determined by Officer, of producing and supplying any utilities and other services furnished by Licensor for the use of Licensee. Licensor shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by officer on bills rendered monthly.

18. Insurance

For any period that Licensee is in possession of the licensed property pursuant to the provisions and conditions provided in this license, Licensee shall procure and maintain, at Licensee's own expense, a standard fire and extended coverage insurance policy on the property to the full insurable value of the policy.

Licensee shall procure the insurance from any responsible company. The insurance policy shall provide that in the event of loss, the proceeds of the policy, at the election of Licensor, shall be payable to Licensee to be used solely for the repair, restoration or replacement of the property damaged or destroyed, and any balance of the proceeds not required for the repair, restoration or replacement of the property damaged or destroyed shall be paid to Licensor.

In the event Licensor does not elect, by notice in writing to the insurer within days after the damage or destruction occurs, to have the proceeds paid to Licensee for the purposes set forth above, then the proceeds shall be paid to Licensor, provided that the insurer, after payment of any proceeds to Licensee in accordance with the provisions of the policy, shall have no obligation or liability with respect to the use or disposition of the proceeds by Licensee. Nothing contained in this section shall be considered an obligation on Licensor to repair, restore or replace the licensed property or any part thereof.

19. Maintenance of Conservation Structures

Licensee shall maintain, in a manner satisfactory to Officer, terraces and other soil and water conservation structures that may be in existence on the property at the beginning of or that may be constructed during the term of this license. The use of the property by Licensee shall be in accordance with good soil conservation practices and with the regulations attached hereto as Exhibit B.

20. Prohibition Against Liquor and Gambling on Property

Licensee shall not sell or deal in beer, wine or any intoxicating liquors on the property, or permit any gambling or games of chance on the premises. Licensee shall not install or operate any device or conduct any activities on the property that violate federal law, the law of the state in which the licensed property is located or any local statute or ordinance.

21. Fish and Wildlife Management Programs; Access by Public

Licensee shall cooperate in programs for management and improvement of fish and wildlife. To further such programs, Licensee shall also cooperate in making the property available for free public fishing.

Licensee, at Licensee's option, may also make the property available for free public hunting, and may regulate public access for hunting purposes so as to protect Licensee's employees, guests, property and livestock from unreasonable risk of harm.

22. Restoration of Property on Expiration or Termination

On or before the date of expiration of this license, or its termination by Licensee, Licensee shall vacate the premises, remove Licensee's property from the premises and restore them to as good order and condition as that existing on the date of commencement of the license, normal wear and tear excepted. If this license is revoked, Licensee shall vacate the property, remove Licensee's property from the premises and restore the property to its prior condition within the time that Licensor may designate, which shall be a reasonable period of time.

In either event, if Licensee shall fail or neglect to remove Licensee's property and to restore the premises, then, at the option of Licensor, the property of Licensee shall either become the property of Licensor without compensation, or Licensor may cause it to be removed and the premises to be restored at the expense of Licensee, and no claim for damages against Licensor shall be created by or made on account of the removal and restoration work.

23. Notices

All notices to be given pursuant to this License shall be addressed to parties at the addresses provided in this license. Notices shall be deemed to have been duly given if and when addressed as specified above and deposited postage prepaid in the United States mail.

24. Licensee's Warranty Concerning Brokers and Selling Agencies

Licensee warrants that no person or selling agency has been employed or retained to solicit or secure this license on an agreement or understanding for a commission, percentage, brokerage or contingency, except for bona fide employees or bona fide established commercial or selling agencies maintained by Licensee for the purpose of securing business. For breach or violation of this warranty Licensor shall have the right to annul this license without liability or, in its discretion, to require Licensee to pay, in addition to license fees or consideration, the full amount of commission, percentage, brokerage, or contingent fee.

25. Adjustment in Fees or Revocation or Amendment of License

In the event Licensor revokes this license or in any other manner materially reduces the area covered by the license prior to its date of expiration, an equitable adjustment in the fees paid or later to be paid according to this agreement shall be made. This provision shall not apply in the event of revocation because of a breach by Licensee of any of the terms and conditions of this license.

WITNESS our signatures the day and year first written above.