Thanks for the thoughts guys. Based on your suggestions and some further thought, I've jotted out a rough list of concepts to be included in the lease which will have the language smoothed and be drawn up into a formal lease by a friend who is a lawyer.
Please take a moment to give me your thoughts on anything I missed or to point out something in which I may have gone overboard. Again, the idea is to be as fair to both sides as possible in this.
Here are the "rough jottings" and will place an emphasis on:
-Custody & Control of the ponds (3) goes to us for a 5 year period with a second 5 year period extension possible by re-negotiation.
-That it will be Private Property and "No Trespassing & No Fishing" signs will be posted in the immediate vicinity of the ponds.
-Over the period of the lease, we may be making improvements to the ponds and immediate surrounding area which would be considerd to be the watershed for the ponds. Those site improvements may include such items as a fishing pier or dock, aeration system, small equipment storage shelter, and base a small boat/canoe on site.
-Use of a non-gasoline powered boat will be permitted on the pond.
- With the approval of the lessor, we may apply chemicals to the pond to control underwater vegetation, improve water quality, or treat fish diseases.
-Any fish which remain in the pond at the end of the lease period will become the property of the land owner.
-Land Owner continues to pay any land taxes that are applicable.
-We are guaranteed free access to the ponds across his land for the period of the agreement.
-The owner will not apply agricultural chemicals within in the immediate vicinity of the ponds which would drain into and contaminate the ponds.
- We have the authorization to discharge firearms on site to control predators.
-Use of the ponds will be limited to private angling, no commercial operations will take place.
-We will hold the owner harmless should an accident or injury happen on the property.
Thanks again for the look at this.
Regards,
Lee Smith
