NOA_FINAL_.doc

NOTICE OF AVAILABILITY FOR LEASING

CAREER RESOURCE CENTER (CRC)

AT

FORT BRAGG, NORTH CAROLINA

LEASE APPLICATION NUMBER

LEASE NO. DACA21-1-16-4053

June 28, 2016

US ARMY CORPS OF ENGINEERS

SAVANNAH DISTRICT

100 West Oglethorpe Avenue

Savannah, Georgia 31401-3604

APPLICATION FOR LEASE

FOR

CAREER RESOURCE CENTER (CRC)

FORT BRAGG, NORTH CAROLINA

LEASE APPLICATION NUMBER:

Lease No. DACA21-1-16-4053 PROPERTY TO BE LEASED: Fort Bragg has made 1.52 acres available for the operation of a Career Resource Center to assist transitioning military personnel and spouses to civilian workforce.

APPLICATION DEPOSITS: The Application for Lease must include a certified check, cashier's check, or money order, payable to the FAO, U.S. Army Engineer District, Savannah, in the amount of FIVE HUNDRED AND No/100 DOLLARS ($500.00) as an Application Deposit. The deposit will be applied to the administration fee. The Application Deposit will be returned to all other Applicants.

APPLICATION: Send applications in a sealed envelope, in DUPLICATE, for the leasing of property of the United States as identified herein, will be received until and not later than 2:00 p.m., Eastern Standard Time, August 1, 2016. Applications must be delivered to US Army Engineer District, Savannah, ATTN: CESAS-RE-MM (Jimmo), 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3604. Applications delivered by hand or by express mail service should be delivered to 100 West Oglethorpe Avenue, Savannah, Georgia prior to the date and time noted above.

Applications submitted must be in compliance with, and subject to, the provisions, information and instructions of this Application, including any amendments, attachments and exhibits hereto.

PRE-APPLICATION CONFERENCE AND SITE INSPECTION: A pre-application conference and site inspection will be held July 14 at 9:00 AM, 2775 Old Stable Lane, Bldg 3-1315, Fort Bragg, NC 28310. In order to attend please contact the POC listed below.

Ms. Karin Viox Real Estate Specialist Ft. Bragg, North Carolina 28310 karin.c.viox.civ@mail.mil ADDITIONAL INFORMATION: Any questions concerning the application format, the lease agreement, and/or development plan, or requests for information should be referred in writing to:

Mr. Kerry Brubaker U. S. Corps of Engineers 11405 Falls of Neuse Road Wake Forest, North Carolina 27587

Telephone No. (919) 864-0980

APPLICATION INFORMATION PACKAGE

FOR

1.52 ACRES FOR CAREER RESOURCE CENTER

AT

FT. BRAGG, NORTH CAROLINA

CONTENTS

SECTION I – IDENTIFICATION OF AREA TO BE LEASED

SECTION II – LEASE PROVISIONS

SECTION III – SUBMISSION INSTRUCTIONS TO APPLICANTS

SECTION IV – APPLICATION INFORMATION

SECTION V – SELECTION CRITERIA

SECTION VI – AWARD AND ACCEPTANCE

EXHIBITS

EXHIBIT "A" - LOCATION MAP

EXHIBIT "B" – LEASE PROVISIONS

EXHIBIT "C" – TECHNICAL SPECIFICATIONS

EXHIBIT "D" – APPLICATION FOR LEASE FORMAT

EXHIBIT "E" – COVER LETTER

SECTION I - IDENTIFICATION OF AREA TO BE LEASED

1. PROPERTY TO BE LEASED:

Property Location: 2775 Old Stable Lane, Bldg 3-1315, Fort Bragg, NC 28310 Government property to be offered is located within the boundaries of the Ft. Bragg, North Carolina, U.S. Army military installation located adjacent to the City of Fayetteville, North Carolina. Ft. Bragg is headquarters for the US Army 82nd Airborne and the 18th Airborne Corps and numerous military tenant activities.

SECTION II – LEASE PROVISIONS

1. FORM OF LEASE: The successful applicant will be required to enter into a lease with the United States in substantial conformity with the lease format attached as Exhibit B, including any exhibits that may be attached to the lease. This lease is subject to all existing third party interests in the premises to include, but not limited to, easements, licenses, permits, or leases, previously granted, as well as established access routes for roadways and utilities located or to be located on the premises. The proposed grant by the Government of any new easement or route will be coordinated with the Lessee, and no other real estate interests will be granted which will, in the opinion of the District Engineer, interfere with the use of the premises by the Lessee.

2. PURPOSE: The property will be leased for the operation of a Career Resource Center for Soldiers and their spouses transitioning to the civilian workforce. The minimum requirements deemed necessary to provide these services are described in attached Exhibit C, "TECHNICAL SPECIFICATIONS".

3. TERM: The lease will be granted for a term of Five (5) years, subject to the concurrence of both parties, but subject to the termination provisions contained in the lease at Exhibit B.

4. RENTAL CONSIDERATION:

a. The annual rental consideration for the lease will be paid in accordance with the terms of the lease attached as Exhibit B. The Government will impose a charge, the amount to be determined by law or regulation, on late payment of rent or other payments due under the agreement for each 30-day period that the payment is overdue. The full late payment will also be applicable to periods of less than 30 days. In addition to the aforementioned charge, an administrative fee will be imposed to any late submittals of lease rental reports and late payments of rental.

b. Upon Lessee execution of the lease, the Lessee shall pay a TWO THOUSAND TWO HUNDRED FIFTY AND No/100 DOLLARS ($2,250.00) application fee for administrative costs incurred by the United States in the processing of the lease.

5. AUTHORITY OF LAW. The authority of law for granting this lease is Title 10, United States Code, Section 2667.

SECTION III - SUBMISSION INSTRUCTIONS TO APPLICANTS

1. APPLICATIONS SUBJECT TO THESE TERMS. All applications submitted shall be deemed to have been made with full knowledge of all the terms herein contained and any amendments made hereto. Applicants are expected to inspect the property and form their own conclusions as to its suitability for the stated purposes. Failure to make such inspection will not constitute grounds for any claim for adjustment or for the withdrawal of the Application after the time of opening of the Application. The Government makes no guaranty or warranty, either expressed or implied, with respect to the property.

2. APPLICATION SUBMISSION. Applications must be submitted in DUPLICATE and sealed in an envelope that is marked with the Lease number, and addressed to: US Army Corps of Engineers, ATTN: CESAS-RE-MM (Jimmo), 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3604.

3. SUBMISSION OF APPLICATIONS: It will be the responsibility of each applicant to have the Application for Lease delivered by the time and at the place prescribed herein. Applications will not be accepted after this time and date. Modifications to the Application for Lease may be made in a sealed envelope, in the same format as original Application for Lease submission, not later than 2:00 p.m., local time, August 1, 2016. Applications will be secured and unopened. No responsibility will attach for the premature opening of any Application for Lease not properly addressed and identified.

4. COVER LETTER. Applicant will submit a cover letter with the Application for Lease in the format provided at Exhibit E.

SECTION IV – APPLICATION INFORMATION

Applications must include all information requested by the Application Format at Exhibit D, plus any additional information considered pertinent, to include, but not limited to, the following. The following information will be required so the applicant can be evaluated based upon experience and qualifications.

1. GENERAL INFORMATION: Provide name, address and telephone number of the applicant and, if applicable, the name, address, and telephone number of a representative authorized to act on behalf of the applicant during the course of the project.

2. PLAN OF OPERATION AND DEVELOPMENT: Applicants must include a five (5) year plan for management of the leased premises satisfactorily demonstrating the applicant’s ability to properly administer the premises. At a minimum this plan shall include a five-year plan for operation and development of the offered leased premises. The plan must provide details of proposed construction of facilities and appurtenances, including proposed upgrade and/or removal of any existing facility owned by the Government. The plans should provide sufficient detail of the design, construction schedules, project milestones and estimated costs for each year. The Plan of Operation and Development should identify individual employees/contractors in key positions and identify their duties and responsibilities as they relate to the business.

Provide a preliminary budget, projected cash flow, estimated operating costs, and detailed plans of financing including identity of proposed lenders. Identify all interim and permanent sources of funds.

3. FINANCIAL CAPABILITY. (All financial data will be held in confidence.)

a. If applicant is a corporation or limited partnership it must provide a current financial statement prepared by an independent Certified Public Accountant or by an independent licensed public accountant. It must also include a personal financial statement of the key owners/principals.

b. If applicant is an individual or partnership he/she/they must provide a complete and current personal financial statement.

c. Except for government agencies, provide the names, addresses, and telephone numbers of at least two commercial or institutional credit references from which the applicant has previously obtained financing. Attach a letter authorizing each credit reference to respond to inquiries from the Government.

4. EXPERIENCE AND QUALIFICATIONS.

a. Criteria specific to training, pre-apprenticeship, and apprenticeship programs (JTEST-AI), applicants should meet at least one of the criteria in 4a(i) thru 4a(iv) below:

i. Be an on the job training or apprenticeship, as listed as part of the Education and Job Training Program approved by the U.S. Department of Veterans Affairs. For approved training, see the U.S. Department of Veterans Affairs “Search for Approved Education and Job Training Programs.”

ii. Be accredited by an agency recognized by the U.S. Department of Education. For accredited programs, see U.S. Department of Education’s “Database of Accredited Programs and Institutions”-at http://www2.ed.gov/admins/finaid/accred/index.html.

iii. Be a certificate program accredited by the American National Standards Institute (ANSI). For accredited programs, see ANSI’s “Directory of Accredited Certificate Issuers, Applicants, and Suspended Issuers” at https://www.ansica.org/wwwversion2/outside/CAPdirectory.asp?menuID=212.

iv. Be a registered apprenticeship program or a pre-apprenticeship training program that is offered by an industry-related organization that has a program or programs that meet(s) the standards for registered apprenticeship. These standards are administered by the U.S. Department of Labor’s Office of Apprenticeship (DOL/OA) at http://www.doleta.gov/OA/apprenticeship.cfm. The program(s) must meet these standards, regardless of whether the registration and oversight of the program(s) are handled by an approved State apprenticeship agency or by the DOL/OA.

b. List any previous business endeavors and experiences that may support the requirements of this Application for Lease.

c. Provide a description of management qualifications and experience.

d. Provide third party personal and business references.

e. If applicant is a corporation it must provide:

(1) Articles of Incorporation and by-laws.

(2) Names, addresses, and telephone numbers of principle corporate officers.

(3) Corporate resolution authorizing the proposed transaction.

(4) Summary of Corporate Activity.

f. If applicant is a partnership it must provide:

(1) The partnership agreement.

(2) Names, addresses, and telephone numbers of members of the partnership.

g. If applicant is a sole proprietor he/she must provide name, address, and telephone number.

5. APPLICANTS RESPONSIBILITY. The applicant has the responsibility to review the terms and conditions set forth in the Lease at Exhibit B. The successful applicant(s) will be required to execute a lease that substantially in conformance with those terms and conditions set forth therein. The applicant(s) are also responsible for knowing the condition of the premises proposed for lease.

6. BACKGROUND AND CREDIT CHECK. Information provided by the applicant may be used by the Government to conduct a comprehensive background and credit check.

SECTION V – SELECTION CRITERIA

1. Evaluation criteria will include the following considerations to assist the Government in selecting the successful lease applicant:

a. Plan of Operation and Development: Applicants must include a plan for management of the leased premises satisfactorily demonstrating the applicant’s ability to properly administer the premises. At a minimum, this plan shall include a five-year plan for operation and development of the leased premises. The plan must provide details of proposed construction of facilities and appurtenances, including proposed upgrade or removal of any existing facility owned by the Government. The plans should provide sufficient detail of the design, construction schedules, project milestones, and estimated costs for each year. The Plan of Operation and Development should identify individual employees/contractors in key positions and identify their duties and responsibilities as they relate to the business.

Provide a preliminary budget, projected cash flow, estimated operating costs, and detailed plans of financing including identity of proposed lenders. Identify all interim and permanent sources of funds.

b. Experience and background

(1) Business experience

(2) Current or previous work with Federal Government

(3) Business and personal references

c. Financial Capability

(1) Bank references

(2) Financial Statement

(3) Financial Plan for five years.

d. Maximum benefit to the Government

2. CONFIDENTIALITY: Any information submitted in support of the Application will, upon request, be held in strict confidence by the United States, if disclosure might tend to subject the applicant to a competitive business disadvantage.

SUCH INFORMATION SHOULD BE NOTICEABLY MARKED "CONFIDENTIAL" AT THE TOP OF EACH PAGE INVOLVED AND IDENTIFIED IN A COVER LETTER CONTAINING THE REQUEST.

SECTION VI – AWARD AND ACCEPTANCE

1. PROCEDURE FOR AWARD: Following the opening of the Applications, the Government will analyze each Application to determine whether any require clarification. The Government may request in writing any additional data required, which may include further evidence of financial condition, ability to assume the obligations and responsibilities imposed by the lease, and other information the Government considers desirable. No applicant will be permitted to alter any pertinent factors contained in the original Application with this information. Failure to submit this information within such reasonable time as the District Engineer specifies may be the basis for rejecting the Application.

2. ACCEPTANCE OF APPLICATIONS: All applications may remain open for acceptance or rejection for ninety (90) days from the date of opening. Notice of award will be given as soon as practicable to the successful applicant personally, to a duly authorized representative, or in writing to the applicant at the address indicated in the Application.

3. REJECTION OF APPLICATIONS: The right is reserved, as the interests of the Government may require, to reject any and all Applications at any time, to waive any informality in Applications received, and to accept or reject any items of any Applications unless such Applications are qualified by specific limitation. The government hereby reserves the sole right to not award a lease in response to this announcement.

4. DEFAULT: In the event that the successful applicant fails to execute a lease within Thirty (30) days after receipt of Government notification that their Application has been accepted and applicant’s receipt of a lease for execution, the Government may declare the applicant in default in writing giving the applicant 10 days to respond or correct the default. If the applicant remains in default, the Government may then select the next highest rated applicant. The Government may retain the Five Hundred Dollar application deposit as liquidated damages.

5. DISPUTES: Persons may dispute, in writing, the Terms of the Notice of Lease before lease applications are due to the District Chief of Real Estate who shall mail or otherwise furnish a written copy of the decision to the disputer. The District Chief of Real Estate should consider such dispute within 60 days of delivery, but may continue the leasing process.

Except as otherwise provided in this Notice of Lease, any dispute, by a qualified lease applicant, concerning a question of fact or law arising under the application which is not disposed of by agreement may, within 30 days of the date of the government rejection letter to that applicant, be disputed to the District Chief of Real Estate who shall mail or otherwise furnish a written copy of the decision to the lease applicant.

The decision of the District Chief of Real Estate shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the applicant mails or otherwise furnishes a written appeal to the Division Chief of Real Estate.

In connection with any written dispute proceedings under this provision, disputing party should clearly

(1) identify the lease in question;

(2) identify contact parties,

(3) state the reasons for the dispute,

(4) provide documentation in support of the dispute, and;

(5) state what is the desired result.

The District Chief of Real Estate reserves the right to establish management objectives and requirements designed to achieve these objectives. These objectives are not subject to this disputes process.

The District Chief of Real Estate will determine whether a lease should be stayed during the dispute process. There is a presumption that a lease should be awarded contingent on the outcome of the dispute process. Therefore, pending final decision of a dispute, a lessee awarded the lease shall proceed diligently with the performance of the lease and in accordance with the Chief of Real Estate's decision.

This condition does not preclude consideration of questions of law by a court of applicable jurisdiction.

EXHIBIT "A"

LOCATION MAP

EXHIBIT “B”

LEASE

LEASE NO. DACA21-1-16-4053

DEPARTMENT OF THE ARMY

LEASE FOR CAREER RESOURCE CENTER

LOCATED ON

FORT BRAGG,

CUMBERLAND COUNTY, NORTH CAROLINA

THIS LEASE, made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and __________________________________, a corporation duly authorized and existing under and by virtue of the laws of the State of ________________, with its principal office in ________________, hereinafter referred to as the Lessee.

WITNESSETH:

The Secretary, by the authority of Title 10, United States Code, Section 2667, and for the consideration hereinafter set forth, hereby leases to the Lessee the property identified in EXHIBIT “A”, attached hereto and made a part hereof, hereinafter referred to as the premises, for operation of a Career Resource Center.

THIS LEASE is granted subject to the following conditions:

1. TERM

Said premises are hereby leased for a term of five (5) years, beginning _____________ and ending __________, but revocable at will by the Secretary.

2. CONSIDERATION

a. The Lessee shall pay rental in advance to the United States in the amount of Thirty Seven Thousand and No/100 Dollars ($37,000.00) per annum, payable annually to the order of the Finance and Accounting Officer, Savannah District, and delivered to U.S. Army Engineer District, Savannah, ATTN: Chief, Real Estate Division, 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3640. The lease number must be indicated on the check.

b. Administrative Fee. The Lessee shall pay Two Thousand Two Hundred Fifty and No/100 Dollars ($2,250.00) for administrative costs incurred by the United States in the processing of this instrument, payable to the order of the Finance and Accounting Officer, Savannah District, and delivered to U.S. Army Engineer District, Savannah, ATTN: Chief, Real Estate Division, 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3640. The lease number should be indicated on the check.

c. Application Deposit. Lessee's application fee of Five Hundred and No/100 Dollars ($500.00) will be credited to the Administrative Fee.

3. NOTICES

All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee, ______________________________________, and, if to the United States, to the District Engineer, U.S. Army Engineer District, Savannah, ATTN: Chief, Real Estate Division, 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3640, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper, addressed as aforesaid, and deposited postage prepaid in a post office regularly maintained by the United States Postal Service or a nationally-recognized overnight delivery service.

4. AUTHORIZED REPRESENTATIVES

Except as otherwise specifically provided, any reference herein to "Secretary", "District Commander", or "said officer" shall include their duly authorized representatives. Any reference to "Lessee" shall include any sublessees, assignees, transferees, successors and their duly authorized representatives.

5. SUPERVISION BY THE GARRISON COMMANDER

The use and occupation of the premises shall be subject to the general supervision and approval of the Garrison Commander, Fort Bragg, North Carolina, hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer.

6. APPLICABLE LAWS AND REGULATIONS

The Lessee shall comply with all applicable Federal, state, county and municipal laws, ordinances, and regulations wherein the premises are located.

7. CONDITION OF PREMISES

The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto.

8. TRANSFERS AND ASSIGNMENTS

Without prior written approval of the District Engineer, the Lessee shall neither transfer nor assign this lease, nor sublet the premises or any part thereof, nor grant any interest, privilege or license whatsoever in connection with this lease. Failure to comply with this condition shall constitute a noncompliance for which the lease may be revoked immediately by the District Engineer.

9. COST OF UTILITIES

The Lessee shall pay the cost, as determined by the officer having jurisdiction over the premises, of producing and/or supplying any utilities and other services furnished by the government or through government-owned facilities for the use of the Lessee, including the Lessee's proportionate share of the cost of operation and maintenance of the government-owned facilities by which such utilities or services are produced or supplied. The government shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by the officer having such jurisdiction.

10. PROTECTION OF PROPERTY

The Lessee shall keep the premises in good order and in a clean, safe condition by and at the expense of the Lessee. The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease, and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to said officer.

11. INSURANCE

a. At the commencement of this lease, the Lessee shall obtain, from a reputable insurance company, or companies, liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices or a minimum combined single limit of $1,000,000.00 , whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting there from, property damage, or both, suffered or alleged to have been suffered by any person or persons resulting from the operations of the Lessee under the terms of this lease. The Lessee shall require its insurance company to furnish to the District Engineer a copy of the policy or policies, or if acceptable to the District Engineer, certificates of insurance evidencing the purchase of such insurance. The minimum amount of liability insurance coverage is subject to revision by the District Engineer every three years or upon renewal or modification of this lease.

b. The insurance policy or policies shall be of comprehensive form of contract and shall specifically provide protection appropriate for the types of facilities, services and activities involved. The Lessee shall require that the insurance company give the District Engineer thirty (30) days written notice of any cancellation or change in such insurance. The District Engineer may require closure of any or all of the premises during any period for which the Lessee does not have the required insurance coverage.

c. As to those structures and improvements on the premises constructed by or owned by the United States, for such periods as the Lessee is in possession of the premises pursuant to the terms and conditions of this lease, the Lessee shall procure and maintain at the Lessee's cost a standard fire and extended coverage insurance policy or policies on the leased premises to the full insurable value thereof. The Lessee shall procure such insurance from a reputable company or companies. The insurance policy shall provide that in the event of loss thereunder, the proceeds of the policy or policies, at the election of the United States, shall be payable to the Lessee 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 such repair, restoration or replacement shall be paid to the United States. If the United States does not elect by notice in writing to the insurer within sixty (60) days after the damage or destruction occurs to have the proceeds paid to the Lessee for the purposes hereinabove set forth, then such proceeds shall be paid to the United States, provided however that the insurer, after payment of any proceeds to the Lessee in accordance with the provision of the policy or policies, shall have no obligation or liability with respect to the use or disposition of the proceeds by the Lessee. Nothing herein contained shall be construed as an obligation upon the United States to repair, restore or replace the leased premises or any part thereof.

12. RIGHT TO ENTER

The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes; to make inspections, to remove timber or other material, except property of the Lessee, and/or to make any other use of the lands as may be necessary in connection with government purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof.

13. INDEMNITY

The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the Lessee, or for damages to the property or injuries to the person of the Lessee's officers, agents or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the Lessee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors.

14. RESTORATION

On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to said officer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the said officer may designate or as otherwise specified by the provisions of the condition on RENTAL ADJUSTMENT. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of the said officer, the property shall either become the property of the United States without compensation therefor, or the said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this lease in restoring the premises.

15. NON-DISCRIMINATION

The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessees operations, programs or activities conducted on the leased premises, because of race, color, religion, sex, age, handicap or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board.

16. SUBJECT TO EASEMENTS

This lease is subject to all existing easements, or those subsequently granted as well as established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the District Engineer, interfere with the use of the premises by the Lessee.

17. SUBJECT TO MINERAL INTERESTS

This lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM) which has responsibility for mineral development on federal lands. The Secretary will provide lease stipulations to BLM for inclusion in said mineral leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local law.

18. TERMINATION

This lease may be terminated by the Lessee at any time by giving the District Engineer at least thirty (30) days notice in writing provided that no refund by the United States of any rental previously paid shall be made, and provided further, that in the event that said notice is not given at least thirty (30) days prior to the rental due date, the Lessee shall be required to pay the rental for the period shown in the condition on CONSIDERATION.

19. RENTAL ADJUSTMENT

In the event the United States revokes this lease or in any other manner materially reduces the leased area or materially affects its use by the Lessee prior to the expiration date, an equitable adjustment will be made in the rental paid or to be paid under this lease. Such adjustment of rental shall be evidenced by a supplemental agreement in writing; PROVIDED however, that none of the provisions of this paragraph shall apply in the event of revocation because of noncompliance by the Lessee with any of the terms and conditions of this lease.

20. PROHIBITED USES

a. The Lessee shall not permit gambling on the premises or install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. The Lessee shall not sell, store or dispense, or permit the sale, storage, or dispensing of beer or other intoxicating liquors on the premises.

b. The Lessee shall not construct or place any structure, improvement or advertising sign or allow or permit such construction or placement without prior written approval of the District Engineer.

21. NATURAL RESOURCES

The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises except as authorized in writing by the District Engineer.

22. DISPUTES CLAUSE

a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. Section 7101-7109) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act.

b. "Claim", as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to this lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. The routine request for rental payments that is not in dispute is not a claim under the Act. The request may be converted to a claim under the Act, by this clause, if it is disputed either as a liability or amount or is not acted upon in a reasonable time.

c.

(1) A Claim by the Lessee shall be made in writing and submitted to the District Engineer for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the District Engineer.

(2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that--

(i) the claim is made in good faith; and

(ii) supporting data are accurate and complete to the best of the Lessee's knowledge and belief;

(iii) and the amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable.

(3) If the Lessee is an individual, the certificate shall be executed by that in-dividual. If the Lessee is not an individual, the certification shall be executed by --

(i) a senior company official in charge of the Lessee's location involved; or

(ii) an officer or general partner of the Lessee having overall responsibility of the conduct of the Lessee's affairs.

d. For Lessee claims of $100,000 or less, the District Engineer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee-certified claims over $100,000, the District Engineer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made.

e. The District Engineer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act.

f. At the time a claim by the Lessee is submitted to the District Engineer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause.

g. The Government shall pay interest or the amount found due and unpaid by the Government from (1) the date the District Engineer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the District Engineer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by the Lessee will have interest and penalties as set out in the condition on CONSIDERATION.

h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, or action arising under the lease, and comply with any decision of the District Engineer.

23. ENVIRONMENTAL PROTECTION

a. Within the limits of their respective legal powers, the parties to this lease shall protect the premises against pollution of its air, ground, and water. The Lessee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, State, interstate or local governmental agency are hereby made a condition of this lease. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance.

b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from activities of the Lessee, the Lessee shall be liable to restore the damaged resources.

c. The Lessee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises.

24. ENVIRONMENTAL CONDITION OF PROPERTY

An Environmental Condition of Property (ECP) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon, is attached hereto and made a part hereof as EXHIBIT “(B)”. Upon expiration, revocation or relinquishment of this lease another ECP shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION.

25. HISTORIC PRESERVATION

The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed.

26. SOIL AND WATER CONSERVATION

The Lessee shall maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the Lessee during the term of this lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by the said officer.

27. TAXES

Any and all taxes imposed by the state or its political subdivisions upon the property or interest of the Lessee in the premises shall be paid promptly by the Lessee. If and to the extent that the property owned by the Government is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated.

28. COVENANT AGAINST CONTINGENT FEES

The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee.

29. OFFICIALS NOT TO BENEFIT

No member of or delegate to congress or resident commissioner shall be admitted to any share or part of this lease or to any benefits to arise there from. However, nothing herein contained shall be construed to extend to any incorporated company if this lease is for the general benefit of such corporation or company.

30. SEVERAL LESSEES

If more than one Lessee is named in this lease the obligations of said Lessees herein contained shall be joint and several obligations.

31. MODIFICATIONS

This lease contains the entire agreement between the parties hereto, and no modification of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative and this provision shall apply to this condition as well as all other conditions of this lease.

32. DISCLAIMER

This lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this lease does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC Section 403), and Section 404 of the Clean Waters Act (33 USC Section 1344).

33. EXECUTIVE ORDER 13658

a. Any reference in this section to “prime contractor” or “contractor” shall mean the (lease awardee) , and any reference to “contract” shall refer to the Easement No. DACW21-2-16-4053.

b. The parties expressly stipulate this contract is subject to Executive Order 13658, the regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order, and the following provisions.

(1) Minimum Wages. (1) Each worker (as defined in 29 CFR 10.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 13658.

(2) The minimum wage required to be paid to each worker performing work on or in connection with this contract between January 1, 2015 and December 31, 2015 shall be $10.10 per hour. The minimum wage shall be adjusted each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all workers subject to the Executive Order beginning January 1 of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor Web site). The applicable published minimum wage is incorporated by reference into this contract.

(3) The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Executive Order may not be of any duration longer than semi-monthly.

(4) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the Executive Order minimum wage requirements. In the event of any violation of the minimum wage obligation of this clause, the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages.

(5) If the commensurate wage rate paid to a worker on a covered contract whose wages are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or piece rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order minimum wage rate to achieve compliance with the Order. If the commensurate wage due under the certificate is greater than the Executive Order minimum wage, the contractor must pay the 14(c) worker the greater commensurate wage.

c. Withholding. The agency head shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay workers the full amount of wages required by Executive Order 13658.

d. Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to pay any worker all or part of the wages due under Executive Order 13658 or 29 CFR part 10, or a failure to comply with any other term or condition of Executive Order 13658 or 29 CFR part 10, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 10.52.

e. The contractor may not discharge any part of its minimum wage obligation under Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Act, the cash equivalent thereof.

f. Nothing herein shall relieve the contractor of any other obligation under Federal, State or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to pay less than $10.10 (or the minimum wage as established each January thereafter) to any worker.

g. Payroll Records.

(1) The contractor shall make and maintain for three years records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each worker and shall make the records available for inspection and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor:

(a) Name, address, and social security number.

(b) The worker's occupation(s) or classification(s)

(c) The rate or rates of wages paid.

(d) The number of daily and weekly hours worked by each worker.

(e) Any deductions made; and

(f) Total wages paid.

(2) The contractor shall also make available a copy of the contract, as applicable, for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of 29 CFR part 10 and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of an authorized representative of the Department of Labor, or under its own action, shall take such action as may be necessary to cause suspension of any further payment or advance of funds until such time as the violations are discontinued.

(4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct investigations, including interviewing workers at the worksite during normal working hours.

(5) Nothing in this clause limits or otherwise modifies the contractor's payroll and recordkeeping obligations, if any, under the Davis-Bacon Act, as amended, and its implementing regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair Labor Standards Act, as amended, and its implementing regulations; or any other applicable law.

h. The contractor (as defined in 29 CFR 10.2) shall insert this…