2_NOTICE OF AVAILABILITY_DACW63-9-25-0631.pdf

NOA No. DACW63-9-25-0631 13 June 2025

NOTICE OF AVAILABLILITY (NOA)

FOR LEASING

GOVERNMENT OWNED LAND

For Hay Production Purposes Only Granger Lake, Texas

Williamson County, Texas

NOA NO. DACW63-9-25-0631

ISSUED BY: Department of the Army Fort Worth District US Army Corps of Engineers Attention: Real Estate Division (CESWF-RE-M) Post Office Box 17300 Fort Worth, Texas 76102-0300

SITE: Embankment, Spillway, and Project Office Area, Granger Lake, Texas, consisting of approximately 229 acres of land. The lease premises includes all or parts of Tracts:

104-2, 106-2, 107, 108C, 111, 113, 114, 119, 140, and 300.

FOR: Hay production purposes only.

Bids will be submitted in sealed envelopes to include all required documents set forth herein, which will be publicly opened and evaluated on:

DATE:

TIME:

ADDRESS:

16 July 2025 11:00 A.M.

US Army Corps of Engineers Granger Lake Office 3100 Granger Dam Road Granger, Texas 76530

NO LATE PROPOSALS WILL BE ACCEPTED

TABLE OF CONTENTS

Notice of Availability for Hay Production Lease, Fort Worth District

Table of Contents

Application Information Package

Identification and Information Regarding Area to Be Leased

1. Purpose and Intent

2. Authority

3. General Bidding Information

4. Instructions to Bidders

Exhibits

A. Location Map B. Land Use Regulations C. Potential Work-in-Kind Projects D. Bid Form Sheet E. Bid Calculation Sheet F. Sample Lease

APPLICATION INFORMATION PACKAGE

HAY PRODUCTION LEASE

AT

GRANGER LAKE

WILLIAMSON COUNTY, TEXAS

Each bid must be enclosed in a sealed envelope to include the bidders return address and mailed to the following address:

US Army Corps of Engineers Granger Lake Office ATTN: Mr. Brandon Randig, Natural Resources Specialist/Ranger USACE-Granger Lake 3100 Granger Dam Road Granger, Texas 76530

The information below must appear in the lower left corner of the envelope of the NOA application package/submittal.

Sealed Bid for NOA No. DACW63-9-25-0631 For Granger Dam and Spillway To be Received no later than:

Time:

Place:

Date:

11:00 A.M. Local Time Granger Lake Office 16 July 2025

SITE VISITS may be arranged through the AG/Grazing Lease Coordinator, Contact:

Mr. Brandon Randig Natural Resources Specialist/Ranger USACE-Granger Lake 3100 Granger Dam Road Granger, Texas 76530 Phone (Office): 512-859-2668

IDENTIFICATION AND INFORMATION

REGARDING AREA TO BE LEASED

1. PURPOSE AND INTENT: The property will be leased through 31 December 2025, for hay production purposes only. The number of cuttings may vary but the final cutting and removal will be completed no later than the above date. Work abatement in lieu of cash rental will be used to perform land management activities to improve wildlife habitat, improve native vegetation and conservation of other natural resources.

2. AUTHORITY: The authority for the granting of this lease is Title 10, United States Code, Section 2667.

3. GENERAL BIDDING INFORMATION

a. FORM OF LEASE

Within ten (10) days following receipt of notification of acceptance of the bid, the successful bidder will be required to enter into a formal lease with the United States, on a form such as the one attached hereto EXHIBIT F - SAMPLE LEASE, and subject to EXHIBIT B - LAND USE REGULATIONS, also attached hereto, which shall become a part of the lease.

b. TERM OF LEASE

The lease will be granted from time of award to 31 December 2025 (approximately 5 months).

c. BID DEPOSIT

A two-hundred dollar ($200) deposit must accompany each bid in order to be considered. The deposit is required as a guarantee that the bidder will enter into a written lease within ten (10) days of the receipt of a written notice that the United States has accepted the bid as submitted. The deposit must be in the form of a Cashier's Check, Money Order, or Certified Check, made payable to the F&A Officer, USAED, Fort Worth. The deposits of unsuccessful bidders will be returned to them as soon as practicable after the bids have been opened and the award made. Since the lease is entirely work abatement, the bid deposit of the successful bidder will be returned after the Lessee enters into a lease agreement with the Government.

d. PAYMENT OF RENTAL

The lease requires one hundred percent (100%) of rent to be in the form of work abatement, as designated by the U.S. Army Corps of Engineers (EXHIBIT C – Potential

Abatement Projects).

e. WARRANTY

The property described herein will be leased on an "as is" basis subject to the provisions and conditions of this NOA and the proposed lease. NOTE: Occasional flooding of leases on flood control projects is inevitable. Condition No. 11. RIGHT TO ENTER AND FLOOD, of the lease, reserves the right to the United States to flood the Premises whenever necessary and the Lessee shall have no claim for damages on account thereof. The property is available for inspection by prospective bidders.

Bidders are expected to inspect the property and form their own conclusions as to its suitability for their use. The failure of any bidder to make such inspection will not constitute grounds for any claim for adjustment or for withdrawal of bid after the time of bid opening. Arrangements for inspection can be made by contacting the Grazing Lease Coordinator U.S. Army Corps of Engineers, Granger Lake Project Office, 3100 Granger Dam Road, Granger, Texas, (512) 859-2668, between the hours of 8:00 A.M. and 4:00 P.M., Monday through Friday. It is understood and agreed that there is no warranty of any character other than that expressly stated in this NOA.

f. ACCEPTANCE OF BIDS

All bids will remain open for acceptance or rejection for a period of fifteen (15) days from the date of the bid opening. Notice of award will be given to the successful bidder as soon as practicable after the opening of bids. A successful bidder will be deemed to have been sufficiently notified when the notice is mailed in a postpaid envelope to the bidder at the address indicated in this NOA. Bids will not be accepted after 11:00 A.M. on 16 July 2025. Modifications of applications may be made in sealed envelopes, as for original bid, up to that time.

g. REJECTION OF BIDS

The right is reserved by the United States to reject any and all bids or to waive any informality in bids received.

h. AWARD OF LEASE

A lease will be awarded to the highest bidder complying with the conditions of this NOA, provided the bidder is responsive, the bid is reasonable, and it is in the interest of the United States to accept it.

i. DEFAULT

A bidder will be considered to have defaulted when the bidder fails to enter into a formal lease with the United States within ten (10) days after the bidder has been notified that the United States has accepted the bid as submitted, or if the successful bidder fails to satisfy the conditions of the NOA. The United States will then declare the bidder in default, and the deposit will be retained to defray expenses caused by the default.

j. SOCIAL SECURITY NUMBER REQUIREMENT

Delinquent accounts are subject to collection by authority of the IRS Tax Refund Offset Program as contained in the Deficit Reduction Act of 1984, Public Law 98-369, 26 U.S.C. Sec. 6402. EXHIBIT D - BID FORM, Page 1 must contain the bidder's social security number. Failure to provide the number will be cause for rejection of the bid.

4. INSTRUCTIONS TO BIDDERS

a. BIDS SUBJECT TO THESE TERMS

All bids submitted shall be deemed to have been made with full knowledge of all the terms, conditions, and requirements herein contained.

b. SEALED BIDS

Sealed bids must be submitted on EXHIBIT D - BID FORM and EXHIBIT E - BID CALCULATION SHEET accompanying this NOA, or exact copies thereof, and must be completed in full. Bids will be assessed based on the total cash bid for the term.

Additional copies of the NOA and bid forms can be obtained from the Issuing Office.

c. EXECUTION OF BIDS

Each bid must give the full address of the bidder and be signed with the Bidder's usual signature. A bid executed by an attorney or agent on behalf of the bidder shall be accompanied by an authenticated Power of Attorney.

d. ADDITIONAL INFORMATION

Any additional information required may be obtained from the Issuing Office. Bid value must be in the form of work abatement to the Government as shown on EXHIBIT E - BID CALCULATION SHEET as TOTAL LEASE NET CASH BID, which will be paid to the Government in the form of abatement project (s).

e. SUMBISSION OF BIDS

It will be the duty of each bidder to see that the bid is delivered by the time and at the place prescribed in this NOA. Bids received prior to the time of opening will be securely kept, unopened, until the time for opening of bids. The officer whose duty it is to open them will decide when the specified time has arrived and no bid received thereafter will be considered. No responsibility will attach to an officer for premature opening of a bid not properly addressed and marked. All modifications of a bid or withdrawal of bid must be in writing. Telegraphic bids will not be considered, but modifications or withdrawals, by telegraph, of bids already submitted will be considered, if received prior to the time set for opening bids. Hand-carried bids must be delivered to the place designated in this NOA.

f. WITHDRAWAL OF BIDS

Bids may be withdrawn upon written or telegraphic request received from bidders prior the time fixed for opening. Negligence on the part of the bidder in preparing a bid confers no right to withdraw the bid after it has been opened.

g. OPENING OF BIDS

At the scheduled time for the opening of bids, their content will be made public for the information of bidders and other interested parties.

Page 1 of 4 EXHIBIT A

Page 2 of 4 EXHIBIT A

Page 3 of 4 EXHIBIT A

Page 4 of 4 EXHIBIT A

LAND USE REGULATIONS

1. The lessee shall meet for a conference with the Lake Manager or their representative at the Granger Lake Project Office by appointment fifteen (15) days prior to the start of the lease to determine and finalize the appropriate use of lease area, rental work abatement items, and schedule required for the upcoming lease (reference EXHIBIT B-1, EXAMPLE

SPECIFICATIONS FOR POTENTIAL “NEGORITATED RENTAL ABATEMENT WORK

ITEMS”). Rent payment shall be in the form of 100% negotiated rental abatement work. If a rental abatement item is deleted, a substitute rental abatement item of the same value may be required. If a rental abatement work item is deleted and no other rental abatement item can be substituted, the Lessee shall be required to submit a cash payment equal to the estimated value of the rental abatement item. The work items for rental abatement shall be determined and approved by the Real Estate Contracting Officer. The work may require completion prior to the removal of any hay from the site. The lessee may complete services ahead of schedule if desired. Prior to conducting any activity on site, the lessee shall make an appointment with the Lake Manager, Granger Lake Project Office, to discuss use of the leased area.

2. To determine a fair and reasonable price for the required rental abatement work items the following requirements shall be adhered to:

a. Reasonableness of a proposed price to accomplish rental abatement work items shall be based upon competitive quotations from a minimum of three sources as acceptable to the Real Estate Contracting Officer. The Real Estate Contracting Officer may also obtain a quote and reserves the right to reject bids submitted by the lessee if a quote obtained by the Government is lower.

b. The lessee is allowed the opportunity to be one of the sources utilized in obtaining competitive quotations for the required rental abatement work items.

c. The Lessee shall provide three (3) written bids for each work abatement item to the Lake Manager or their representative, and to the Real Estate Contracting Officer by the specified deadline as outlined in the yearly work abatement schedule. The lowest bid shall determine the value of the work to be performed. The Lessee may bid on the work however the lowest bidder shall be the awarded the job. It shall be the responsibility of the Lessee to arrange for payment of the low bidder who performs the work. Failure to pay the low bidder for the work may be grounds for termination of the lease and will result in the denial to remove any hay produced from the lease area.

d. If the low bidder refuses to do the work, then the next lowest bid shall determine the value of the work.

e. In the event that a sufficient bidder’s pool or competitive bids cannot be achieved the Government, and the Lessee may use the established fair and reasonable price for identical work on other leases as a “negotiated” value for the rental abatement work. Previous fair and reasonable price must be for the same rental abatement work specifications during the current or

Page 1 of 4 EXHIBIT B preceding year.

f. Work abatement items listed in EXHIBIT B-1, EXAMPLE SPECIFICATIONS FOR POTENTIAL ‘NEGOTIATED RENTAL ABATEMENT WORK ITEMS”, are intended to represent the type of work items that shall be required. The list is not intended to be all-inclusive, and other items not on the list may be required as rental abatement work items.

3. The lease area and all Government land located at Granger Lake is subject to flooding. At the discretion of the Government, rental may be adjusted accordingly on a prorated basis, according to price.

4. The Lessee shall personally maintain supervisory control over operations conducted on the lease, or will give, in writing, supervisory control to a responsible individual. The name, address, and telephone number of the individual shall be provided to the Lake Manager or their representative. The Lessee, or the appointed representative of the Lessee must be provided a copy of the lease. Emergency contract phone numbers must be provided and kept current.

5. The lease is restricted to hay production only.

6. There is no public vehicular access inside the lease area; however, pedestrian access to the leased area for recreational purposes such as hunting, and fishing shall not be restricted by the Lessee.

The Lessee’s vehicular access to the area shall be limited to that which is necessary to conduct lease operations.

7. The Lessee shall not accept any Federal cost sharing payment for conservation practices on the lease area or any other Federal or State subsidy for service items required by the lease.

8. The Lessee shall not cut or remove any standing or downed trees unless prior approval has been received from the Real Estate Contracting Officer or their representative or they are park of a work abatement item out lined in the lease document.

9. Any mowing of weed infested areas and the removal of old fences, trash, and debris shall be done at the expense of the Lessee and must receive prior approval from the Lake Manager, unless they are part of a work abatement project.

10. The Lessee shall not apply herbicides or pesticides on the lease area without prior written permission from the Lake Manager. Any herbicide/pesticide application approved by the Lake Manager shall be carried out in accordance with all Federal, State, and local laws. If the use of an herbicide/pesticide is approved by the Lake Manager, EXHIBIT B-2, HAZARD ANALYSIS AND APPLICATION RECORD and EXHIBIT B-3, PESTICIDE/HERBICIDE APPLICATION RECORD must be completed and turned into the Lake Manager withing ten (10) days of completion of application. Pesticide applications must be conducted by a state-licensed applicator. A copy of the license must be provided to the lake manger a minimum of ten (10) days prior to the application.

11. Pumping of lake water for use on the lease area shall be prohibited unless written permission

Page 2 of 4 EXHIBIT B is obtained from the Lake Manager and the Brazos River Authority. If permission is granted, then all pumping equipment shall remain portable and in good condition.

12. Lessee shall not at any time discharge waste or effluent from the lease property in such a manner as to contaminate streams or other bodies of water or otherwise become a nuisance.

13. Lessee or their employees shall not have exclusive rights to harvest nuts or fruits from trees on Government owned lands.

14. The Government reserves the right to conduct controlled burns on the lease area. The Government also reserves the right to conduct other resource improvement activities on the lease area.

15. Work abatement items are to be completed according to schedule. Failure to meet abatement deadlines or to properly complete the required work items, may be grounds for termination of the lease.

16. If work abatement items are not completed by the scheduled due date, the Lake Manager may reschedule the work item or delete the work item. If the work item is deleted, the Lessee shall be required to submit cash equal to the value shown for the work abatement project. Continued failure to meet work abatement deadlines may be grounds for termination of the lease. Work abatement items must be accomplished in the lease year in which they are scheduled to offset rental payments. Any additional work done by the lessee other than scheduled work abatement items shall not be applied to offset rental payments.

17. Not all rental abatement work items shall be done on the lease area, some abatement work items may be required on Government property at Granger Lake that is outside the lease area.

18. Lessee shall not alter existing gates or place additional access points in the perimeter fence in any lease area unless prior written permission is granted by the Lake Manager. Lessee shall keep gates locked at all times. Keys and locks shall be provided by the Lessee and inter-locked into a government chain. Lessee must remove his/her lock(s) by the expiration date of the lease. The Lessee shall not remove other locks on the chain. Lessee shall not provide keys or access to the lease area to other persons unless they are working on behalf of the Lessee and performing activities necessary to the lease operations.

19. Prospective Lessee shall be prohibited from bidding on any parcel of land for the specific purpose of receiving cash payment or other benefits by subleasing to another party or individual.

If the lease area is subleased without prior written permission, the lease may be revoked. Written permission from the Government shall be required before Lessee joins in a partnership after the lease has been awarded. The partner shall be allowed to use the leased area for the same scope and purpose as stated in the lease. If Lessee does join in a partnership, the Lessee shall retain all responsibilities and liabilities accepted in lease.

20. Requests to perform non-bid work items (work not listed as work abatement items) must be submitted to the Lake Manager by written request. If requests are granted, the Lessee shall not hold the Government liable or responsible for any damages or expenses. These items shall not be used as a replacement for abatement items. Any improvements made by the Lessee to the lease area shall become the property of the Government, removal of any improvements shall not be

Page 3 of 4 EXHIBIT B allowed upon revocation, relinquishment, or termination of the lease.

21. Lease Expiration and Removal of Property. The lease may end by expiration, either party opting not to exercise extensions, by termination, or by lessee written notice to end the lease.

Regardless of method of expiration, the lessee shall have 30 days to remove all personal property from the premises. Any improvements made by the lessee covered by Section 2 (1) shall be left in place. Any personal property remaining on public property after 31 days shall be determined to be abandoned property and handled in accordance with Title 36, Code of Federal Regulations, Section 327.15.

22. All fences, gates, and other improvements installed by the Lessee, pursuant to this lease, shall become and remain the property of the Government. Removal of all or any portion of said improvements by Lessee upon revocation, relinquishment, or termination of the lease shall not be allowed.

23. Hay Production

A. The Lessee shall mow to a length between three and six inches. If the Lessee mows to a shorter length at which the ground is exposed, the Lessee shall be responsible for reestablishing vegetation in the scalped areas.

B. The Lessee shall inform the Lake Manager or their representative before beginning each mowing.

C. All hay equipment must be removed from Government land within fourteen (14) days after the mowing and baling is completed. Hay must be stacked in designated areas as assigned by the Lake Manager. Hay may not be removed from the lease area until the entire balance of the lease has been utilized in work abatement or a cash payment has been made to the Fort Worth Real Estate Office. Upon completion of all payments, hay must be removed within fourteen (14) days. Any hay not removed within this time frame shall become Government property and shall be subject to sale. Equipment not removed within fourteen (14) days shall be impounded.

D. The Lessee shall complete an annual log (EXHIBIT B-4, Hay Production Log) reporting the size and number of hay bales harvested from the leased area. This information shall be shared with the Lake Manager at the end of the lease.

E. This shall be a single year cutting to be completed no later than 31 December 2025.

Page 4 of 4 EXHIBIT B

EXAMPLE SPECIFICATIONS FOR POTENTIAL

“NEGOTIATED RENTAL ABATEMENT WORK ITEMS”

1. Fence Renovation/Repair

a. The lessee will furnish all labor, tools, cutting and welding supplies, concrete, tie wire, and equipment to clear old fence line and renovate fence as specified. All supplies and materials will be included in the specific scope of work for each project.

b. Any existing wooden corner/braces, H-braces, and line posts will be dug out or pulled out. Any post removed will be disposed of off of Government Property.

c. Steel pipe corner posts/braces, H-braces, and line posts will be installed in place of existing wooden posts and braces. All steel pipe will be schedule 80 pipe. All posts will be set as specified in the job specs at no less than 30 inches and all pipe will be capped with metal or concrete caps. All post holes will have a minimum diameter of 12 inches and will be filled to surface level with concrete.

d. All posts will be plumb, on line and to grade. A welded metal H-Brace will be installed every 300 feet or any place and H-brace is removed. Pipe line posts will be set every 100 feet. All pipe will be capped with metal or concrete caps.

e. All strands of barbwire will be taut upon completion of the job. Wire must be tight enough so that a five pound weight that is suspended in the middle of a 15 foot stretch will not cause more than two inches of sag. The lessee will not re-tighten the existing wires to the point of pulling the line posts out of perpendicular alignment. If necessary, all wires will be removed from the line posts and restretched. The wire will be attached to the line posts with galvanized wire fence clips or a minimum of 12 gauge galvanized tie wire. Strands will be spaced in the following manner. The bottom strand will be six inches from the ground. The top strand will be 56 inches from the ground. The remaining strands will be spaced evenly between the bottom and top strands. All government boundary signs will be removed prior to the removal of the wire and reattached when work is complete.

f. In segments of the fence that do not require the barb-wire to be removed and re-stretched, the lessee will reattach any strand that has come loose from the line post, correct any strand that no longer conforms to the spacing scheme, and require all broken or missing stands 12 ½ gauge two (2) point American Made barbed wire.

g. Splicing of wire will be accomplished by using the fence splicer or the “Western Union” method.

h. At corner braces, each strand of wire will terminate at the corner post. Each strand of wire will be double wrapped around the post and will be wrapped back on itself a minimum of 4 times. All strands of barbwire will be tied to all vertical posts.

i. All broken or badly misshapen intermediate line posts (T-Posts) will be removed and replaced by the lessee. All new intermediate line posts (T-Posts) will be 6.5 feet tall and

Page 1 of 6 EXHIBIT C

1.33 grain. Any T-Post that is out of alignment will be pushed back into alignment, or if necessary removed and reset.

j. In places where the fence line has been buried or partial buried by silt, the lessee will pull the T-Posts out of the ground and reset them at the proper depth. The strands of barbwire will reattach at the specifications as stated in section e.

k. Water gaps will be constructed according to site specific specifications utilizing the water gap scope of work.

l. All existing cross fencing will be securely tied into the newly renovated fence.

m. The lessee will take every precaution not to damage or disturb government boundary monuments or markers. The lessee will be held responsible for any damage to government boundary monuments resulting from work activities. Corners will be installed no closer than 6 inches or farther than eight inches from the monument.

n. The lessee will return all work sites to original condition.

o. All fences will be left in a cattle tight condition at the close of each workday.

p. Some areas will not be accessible by vehicle on Government property. The government will not incur any expense to gain access; therefore the lessee is required to perform the work using the best access available on Government property. The government will not improve access on Government property specifically for the work abatement project.

2. New Fence Construction

a. The lessee will provide all labor, cutting and welding supplies, tools, tie wire, concrete and equipment to clear fence line and construct new fence in accordance with the following specifications. The contractor will provide all supplies unless stated specifically in the job scope of work.

b. All steel pipe will be new or recleaned used drill stem. Sizes of pipes will be dependent on the type of bracing or line posts being used. Pipe will either be two and three eights (2 3/8), two and seven eights (2 7/8), four and half inch (4 ½) or six (6) inch pipe with minimum thickness of schedule 80. All T-Posts will be six and a half (6.5) feet 1.33 grain posts. Wire will be 12 gauge two point American made barbed wire. Lessee will install corner posts/braces, H-braces, line posts, T-posts and barbwire as described in sections 1-c, 1-e and 1-h of Exhibit C.

3. Catch Pen Construction

a. Lessee will furnish all labor, tools and equipment to construct catch pens with loading chute. Size and scope of catch pens will vary depending on lease location and size.

b. Materials will consist of gates of varying lengths constructed of two inch sixteen (16) gauge steel, powder coated, painted or galvanized, with bolt through hinges. Pipe consisting of new or recleaned used drill stem. Sizes of pipes will be dependent on the type of bracing or corral location of the posts being used. Pipe will either be two and three eights (2 3/8), two and seven eights (2 7/8), four and half inch (4 ½) or six (6) inch pipe with minimum thickness of schedule 80.

c. Pipe posts will be a minimum of thirty (30) inches in the ground with hole diameter of twelve (12) inches and concrete filling the hole to ground level. Posts will be spaced at eight foot intervals. All post tops will be capped or covered with top rails. The coral

Page 2 of 6 EXHIBIT C walls will consist of a three to four (3-4) of three two and three eights (2 3/8) horizontal rails. The bottom rail will be twelve (12) inches above ground level. The top rail will be fifty (50) inches above the bottom rail with the remaining posts spaced evenly between the top and bottom rail. Cattle panels, 50 inches in height will be welded to the inside (contact side) of the pipe fence. All gates will be twelve (12) inches above ground and will be hung using bolt through hinges. All gates will swing fully open without dragging.

The exact layout and dimensions of the pens will be determined before bids are requested.

4. Fence Line Clearing

a. All vegetation, debris, etc. will be removed along fence line from the property line fence to fifteen feet inside Government Property line by the lessee. All vegetation growing within this area with the exception of trees over 6” d.b.h as identified by the lake manager or their representative will be cut off at ground level. Any trees that hang into the clearing area will be trimmed back. Overhanging limbs will be trimmed back to a minimum height of eight (8) feet. Any tree identified by the lake manager or his representative that is trimmed will have a tree wound dressing applied to the cut. Brush and other vegetative materials will be placed in piles on the lease area at locations designated by the lake manager or their representative. No burning will be allowed or required.

5. Fence Removal

a. All fences to be removed will be at the request of the lake manager or their representative. All wire will be removed and disposed of off government property. Any wires grown over by trees will be cut where the wire enters and exits the tree and removed. Wire running into the ground will be pulled up as much as possible and cut below ground level.

b. All posts will be pulled up or cut off at ground level. Unless notified by the lake manager or their representative all posts will be disposed of off government property. The government reserves the right to keep any materials that may be needed for future use.

6. Strip Plowing

a. The lessee will disc strips of land for vegetative improvement or firebreaks. The strips will be fifteen (15) to forty-five (45) feet wide. The strips will be plowed to bare soil, and dragged smooth. The plowing will be in open areas or pasture perimeters. Any area that must be cleared where plowing will be done according to the section titled Fence line clearing.

7. Pasture Mowing

a. The lessee will mow vegetation to a height of four (4) inches unless otherwise instructed by the Lake Manager or their representative. Woody vegetation two (2) inches in diameter will also be mowed. To prevent the formation of ruts, mowing will not be performed in wet soil conditions.

b. Mowing may consist of open fields, fence and boundary lines, access roads and trails.

Not all areas will be located within the lessee’s area and may be located anywhere

Page 3 of 6 EXHIBIT C around Granger Lake. Maps of areas to be mowed will be provided at the time of bid solicitation.

8. Food Plot Plantings

a. The lessee will provide all labor, equipment and materials to plant wildlife food plots in locations designated by the Lake Manager or their representative. The government will specify the seed and planting rates to be used.

b. The plots will be designated by map as to size and location at the time of bid solicitation.

Plots may be located outside of the lessee’s area anywhere at Granger Lake. Wildlife food plots will not be used for cattle grazing.

c. The food plots may be plowed to bare soil and planted or may be planted with a no till drill, or broadcast slinging as defined by the Lake Manager or their representative.

Termination and plowing of the food plot will be at the discretion and timing of the Lake Manager or their representative.

9. Native Grass Planting

a. The lessee will provide all equipment, labor, fuel and supplies to prepare the soil and plant native grasses. The government will specify the seed, application rates and schedule to be used when planting. The Corps will approve any seed vendor prior to purchase of seed.

b. Seeding areas may be plowed to bare soil and planted or may be planted with a no till drill, or broadcast slinging as defined by the Lake Manager or their representative.

c. The seeding areas will be designated by map as to size and location at the time of bid solicitation. Plots may be located outside of the lessee’s area anywhere at Granger Lake. Seeding areas may be designated as nongrazing areas until the Lake Manager or their representative deems the area has had a successful chance for survival success.

d. Seeding areas will not exceed more than one hundred (100) acres in any lease at one time.

10. Light Brush and Log Removal

a. The lessee will provide all labor, materials, and equipment to clear all live or dead trees and brush in designated areas. Fallen or drift logs will be removed and piled up. The brush and logs will be tightly piled in nearby locations designated by the Lake Manager or their representative.

11. Mechanical Brush Control

a. The lessee will provide all labor, materials fuel and equipment to mechanically clear and pile brush. Mechanical removal may be for fire lanes, fence line clearing, prairie restoration or general land clearing. The size and type of equipment will be flexible dependant on the size and type of job being bid. All cleared brush will be tightly piled at locations designated by the Lake Manager or their representative. After removal all gouges or holes from removal of the brush or as a result of the equipment used will be smoothed or filled. Care will be taken to not harm non target trees or fence lines.

12. Chemical Vegetation Control

a. The lessees will provide all chemicals, equipment, and labor to chemically control target brush species to include mesquite, prairie willow, salt cedar and any other designated

Page 4 of 6 EXHIBIT C species defined by the job specific scope of work. The person applying the herbicide must possess a valid State of Texas applicator’s license. A copy of the license must be available to the Lake Manager or their representative upon request.

b. Type and rate of chemical will be set dependant on target species. Timing of application will also be dependent on chemical manufacturing recommendations. The areas to be treated will be identified by map when the bid request is submitted. A forty eight (48) hour notice will be made to the lake office prior to the start of application. Care will be taken to reduce drift and avoid no target contact as much as possible. Receipts for chemicals and application will be submitted to the Lake Manager or their representative upon completion of the project.

c. Application will be made following all precautions and specifications on the herbicide label and all applicable Federal, State and local laws/regulations will be strictly followed.

d. Lessee may be required to re-treat the species in the target area that are not killed by the initial application. Continued treatment may be required until the target species has been successfully killed at a satisfactory rate determined by the Lake Manager or their representative.

13. Area Mowing

a. The lessee will mow/shred areas of land for vegetative improvement or firebreaks. The areas will be mowed at four inches above the ground as conditions allow. The mowing/shredding will be in a variety of different types of areas from grasslands to bottomland hardwood areas. Any debris or brush that needs to be removed to complete the job will be completed by the lessee prior to mowing.

14. Water Gap Construction

a. The lessee will furnish all labor, tools, cutting and welding supplies, concrete, tie wire, and equipment to replace or build new water gaps.

b. Water gap construction will be completed using Double H bracing consisting of pipe in various diameters of two and three eighths (2 3/8) to six (6) inches in diameter. Water gaps will be cable style with hanging cattle panels. Size and scope of work will vary by location to fit the need of the location.

c. A detailed scope of work and location will be provided at the time of bid request.

15. Gate Replacement

a. The lessee will furnish all labor, tools, cutting and welding supplies, concrete, tie wire, and equipment to replace or build new gates and gate braces.

b. All gates will be twelve (12) inches above ground and will be hung using bolt through hinges. All gates will swing fully open without dragging.

c. Materials will consist of gates of varying lengths constructed of two inch sixteen (16) gauge steel, powder coated, painted or galvanized, with bolt through hinges. Pipe consisting of new or recleaned used drill stem. Sizes of pipes will be dependent on the type of bracing or gate location of the posts being used. Pipe will either be two and three eights (2 3/8), two and seven eights (2 7/8), four and half inch (4 ½) or six (6) inch pipe with minimum thickness of schedule 80.

Page 5 of 6 EXHIBIT C

d. Hinges will be installed in a manner that prevents the gate from being lifted up and off the hinges.

e. All gates will have half (½) inch chain welded to the metal H bracing on the non hinge side that will be used to secure the gate with a lock provided by the government.

16. Erosion Control and Earth Moving

a. The lessee will furnish all labor, tools, equipment and fuel to repair or construct erosion control structure or retention ponds.

b. Type and location of structure will be dependent on location and need at time of bid. A specific scope of work will be available at time of bid request.

c. Work may include, but not be limited to placing of rip rap rock, shaping of ditches and water ways, construction of retention ponds, and any other type of excavation or earth moving as may be required based on location and issue.

Page 6 of 6 EXHIBIT C

EXHIBIT D

BID FORM

NOTICE OF AVAILABILITY NO.: ______________ PROJECT: Granger Lake, Texas

DATE: _______________

District Engineer

Fort Worth District

Corps of Engineers

ATTN: CESWF-RE-MD

P.O. Box 17300

Fort Worth, Texas 76102-0300

The undersigned (Print Name)____________________________________________________________

( ) individual _________________________________________________________________________

( ) a corporation existing under the laws of the state of ________________________________________

( ) a partnership consisting of ___________________________________________________________

( ) an individual trading as ______________________________________________________________

(Address and Telephone Number) hereby offers to lease from the United States of America subject to the terms and conditions and in accordance with the instructions to bidders contained in Notice of Availability No. ________________ the parcel below for the price indicated. TOTAL LEASE NET CASH BID for 5 years (from EXHIBIT

G, BID CALCULATION SHEET)

BASE YEARS: Approximately 229 acres of Hay Production $____________________

Attach EXHIBIT G, BID CALCULATION SHEET for each parcel that you have submitted a bid upon.

Signature Date

Social Security Number

PRIVACY ACT STATEMENT

Your social security number is requested on this Invitation for Bid. The primary use of this information is for the Internal Revenue Service to assist Federal Agencies to collect delinquent accounts receivable pursuant to the Deficit Reduction Act of 1984, Public Law 98-369, 26 U.S.C. 6402. Furnishing the social security number is voluntary, but failure to do so will result in rejection of your bid.

Page 1 of 2 EXHIBIT D

EXHIBIT F

BID FORM (cont.)

NOTICE OF AVAILABILITY NO.: ________________

Block No. 1

Enclosed is a Certified Check, Cashier’s Check, or Money Order, Payable to the “F&A Officer, USAED, Fort Worth”, in the amount of ____________________________________ Dollars ($______________).

Signature _____________________________

Address:______________________________

ALL BIDDERS MUST COMPLETE THIS BLOCK

City & State: __________________________

Zip Code: ____________________________

Phone No.: ___________________________

Date: ________________________________

Block No. 2

CERTIFICATE OF CORPORATE BIDDER

I, ______________________________________, certify that I am the ___________________________ of the corporation named as bidder herein; that ______________________________________________ who signed this bid on behalf of the bidder, was then _________________________________________ said corporation by authority of its governing body and is within the scope of its corporate powers.

AFIX SEAL

Signature

Title

Page 2 of 2 EXHIBIT D

EXHIBIT E

BID CALCULATION SHEET

The Lessee will meet, by appointment, with the Lake Manager, or their representative, at the Granger Lake Office, within the first ten (10) days of the lease period to discuss the rental work abatement items and schedule prior to any activity by the Lessee. Payment made by the

Lessee will be in the form of 100% rental work abatement as described in EXHIBIT B, LAND

USE REGULATIONS.

HAY PRODUCTION:

Total Lease Term (~5 Months) = $_______________

TOTAL 1 = TOTAL LEASE NET CASH BID (~5 Months) $_______________

Page 1 of 1 EXHIBIT E

LEASE NO. DACW63-1-25-XXXX

DEPARTMENT OF THE ARMY LEASE

FOR AGRICULTURAL PURPOSES

LOCATED ON

GRANGER LAKE

WILLIAMSON COUNTY, TEXAS

THIS LEASE, made on behalf of the United States, between the SECRETARY OF THE ARMY, acting by and through the Real Estate Contracting Officer, Real Estate Division, U.S. Army Engineer District, Fort Worth District, hereinafter referred to as the Lessor, and Company with its principal address at Address, City, State, Zip, hereinafter referred to as the Lessee.

WITNESSETH:

That the Lessor finds that this Lease is advantageous to the United States, that the terms and conditions are considered to promote the national defense or to be in the public interest; that the Premises are under the control of the Lessor; that the Premises are not needed for the Term below for public use by the Lessor; and that the property is not excess property.

That the Lessor, 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 EXHIBITS A – MAP and B – LEGAL DESCRIPTION, attached hereto and made a part hereof, hereinafter referred to as the Premises, over approximately 229 acres for hay production purposes, and in accordance with the land use regulations identified in EXHIBIT C, which is attached hereto and made a part hereof.

THIS LEASE is granted subject to the following conditions:

1. TERM

Said Premises are hereby leased for a term of four (5) months, beginning Month Day, Year and ending Month Day, Year, unless earlier terminated pursuant to the condition on TERMINATION.

LEASE NO. DACW63-1-XX-XXXX

2. CONSIDERATION

a. As consideration for this Lease, the Lessee shall pay to the Lessor consideration in the total value of __________________________ DOLLARS ($__________) for the total leased period.

(1) The Lessee will [also] provide consideration in-kind which shall be accomplished by the Lessee for as described in the land use regulations attached as Exhibit C.

(2) The Lessee must comply with the terms and conditions of the land use regulations. The Lessor may terminate this Lease if the Lessee fails to comply with the terms and conditions of, or is in default under, the land use regulations. Failure to comply with the land use regulations will also be considered non-payment of consideration.

a. All rent and other payments due under the terms of this Lease must be paid on or before the date payments are due in order to avoid the mandatory sanctions imposed by the Debt Collection Act of 1982 (31 U.S.C. Section 3717). This statute requires the imposition of an interest charge for the late payment of debts owed to the United States;

an administrative charge to cover the costs of processing and handling delinquent debts; and the assessment of an additional penalty charge on any portion of a debt that is more than 90 days past due. The provisions of the statute will be implemented as follows:

(1) The United States will impose an interest charge, the amount to be determined by law or regulation, on late payment of rent. Interest will accrue from (the due date) (the later of the due date or the date notification of the amount due is mailed to the Lessee). An administrative charge to cover the cost of processing and handling each late payment will also be imposed.

(2) In addition to the charges set forth above, the United States will impose a penalty charge of six percent (6%) per annum on any payment or portion thereof, more than ninety (90) days past due. The penalty shall accrue from the date of delinquency and will continue to accrue until the debt is paid in full.

(3) All payments received will be applied first to any accumulated interest, administrative and penalty charges, and then to any unpaid rental or other payment balance. Interest will not accrue on any administrative or late payment penalty charge.

3. SUPERVISION BY THE LESSOR

a. The use and occupation of the Premises incident to the exercise of the privileges and purposes hereby granted shall be subject to the supervision and approval of the Lessor and to such general rules and regulations as the Lessor may from time to time prescribe.

b. The Premises shall be under the general supervision and subject to the approval of the [District Engineer], who is the officer with operational control over the Premises, hereinafter referred to as said officer. The Lessee’s use of the Premises shall be accomplished in such manner as not to endanger personnel or property of the said officer or obstruct travel on any road or other thoroughfare.

4. COST OF UTILITIES

The Lessee shall pay the cost, as determined by the said officer, 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 said officer.

5. NOTICES

a. All notices and correspondence to be given pursuant to this Lease shall be addressed, if to the Lessee, to <<NAME>>, <<ADDRESS>>, <<CITY>>, <<STATE>> <<ZIP CODE>>; and if to the Lessor, to the Real Estate Contracting Officer, Attention:

Chief, Real Estate Division, Attention: CESWF-RE-M, Post Office Box 17300, Fort Worth, Texas 76102-0300; or as may from time to time otherwise be directed by the parties.

b. Notices shall be mailed by certified mail, postage prepaid, return receipt requested, addressed to the addresses listed in 4.a. above. The effective date of the notice shall be the earlier of the actual date of receipt or the date the addressee is notified of the attempted delivery of the certified mail, despite the addressee accepting delivery. Use of an express delivery service will not substitute for this requirement.

c. Communications other than notices required under this Lease may be sent by means other than certified mail, return receipt requested, including electronic mail.”

Such communications include routine matters of coordination and informal exchange of information.

6. AUTHORIZED REPRESENTATIVES

Except as otherwise specifically provided, any reference herein to "Secretary of the Army", "Real Estate Contracting Officer", "Lessor", “said officer”, or “Chief, Real Estate Division” shall include their duly authorized representatives. Any reference to "Lessee" shall include sublessees, licensees, assignees, transferees, successors, and their duly authorized representatives.

7. IDENTIFICATION OF GOVERNMENT AGENCIES, STATUTES, PROGRAMS,

AND FORMS

Any reference in this Lease, by name or number, to a government department, agency, statute, regulation, program, or form shall include any successor, amendment, or similar department, agency, statute, regulation, program, or form.

8. APPLICABLE LAWS AND REGULATIONS

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

b. The Lessee shall be solely responsible for obtaining at its cost and expense any permits or licenses required for its operations under this Lease, independent of any existing permits or licenses held by the Lessor.

c. The Lessee understands and acknowledges that the granting of this Lease does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section 404 of the Clean Water Act (33 U.S.C. § 1344) or Section 408 (33 U.S.C. § 408) or any other permit or license which may be required by Federal, State, interstate, or local laws, regulations, and ordinances in connection with the Lessee’s use of the Premises.

d. The Lessee shall promptly report to the Lessor any incident for which the

Lessee is required to notify a Federal, State, or local regulatory agency or any citation by a Federal, State, or local regulatory agency of non-compliance with any applicable law, ordinance, or regulation.

e. The Lessee shall comply with the Land Use Regulations attached hereto as

EXHIBIT C.

9. DISCLAIMER

This Lease is effective only insofar as the rights of the United States in the Premises are concerned; and the Lessee shall obtain such permission as may be required on account of any other existing rights.

10. TRANSFERS AND ASSIGNMENTS

Without prior written approval of the Lessor, the Lessee shall not transfer or assign this Lease, sublet the Premises or any part thereof, or grant any interest, privilege, or license whatsoever in connection with this Lease. Failure to comply with this paragraph shall constitute a breach for which the Lessor may immediately terminate the Lease.

11. CONDITION OF PREMISES

a. 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.

12. SUBJECT TO EASEMENTS

This Lease is subject to all existing easements, whether of record or not, 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…