2_NOTICE OF AVAILABLILITY DACW63-9-25-0578.pdf

NOA No. DACW63-9-25-0578 May 1, 2025

NOTICE OF AVAILABLILITY (NOA)

FOR LEASING

GOVERNMENT OWNED LAND

HAY PRODUCTION

Aquilla Lake, Texas Hill County, Texas

NOA NO. DACW63-9-25-0578

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: Approximately 523 acres of land, including 254 acres of hay production, located within Hill County, Three Rivers Regional Project. The lease premises includes all or parts of Tracts: 100-1, 100-3, 101, 109, 110, 113, 114-1, 115, 117, 119, 120, 121, 122, 123, 139, and 266.

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: June 2, 2025

TIME: 10:00 A.M.

ADDRESS: US Army Corps of Engineers Whitney Lake Office 285 County Road 3602 Clifton, Texas 76634

NO LATE PROPOSALS WILL BE ACCEPTED

APPLICATION INFORMATION PACKAGE

HAY PRODUCTION LEASE

AT

AQUILLA LAKE

HILL COUNTY, TEXAS

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

US Army Corps of Engineers Whitney Lake Office ATTN: Grazing Lease Coordinator 285 County Road 3602 Clifton, Texas 76634

**ENSURE YOUR BID IS RECEIVED BY THE BID OPENING DATE

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

Sealed Bid for NOA No. DACW63-9-25-0578 For Hay Production Lease

DO NOT OPEN UNTIL SCHEDULED BID OPENING

To be Received no later than:

Time: 10:00 A.M. Local Time Place: Whitney Lake Office Date: June 2, 2025

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

Mary Kathryn Champagne -OR- Whitney Lake Office

Natural Resource Specialist 285 County Road 3602

(254) 622-7375 Clifton, Texas 76634

(254) 622-3332

CONTENTS

IDENTIFICATION AND INFORMATION REGARDING AREA TO BE LEASED ………. 4

PURPOSE AND INTENT ….….………………………………………………………………. 4

AUTHORITY …………………………………………………………………………………… 4

GENERAL BIDDING INFORMATION………………………………………………………... 4

A. FORM OF LEASE ………………………………………………………………. 4

B. TERM OF LEASE ………………………………………………………………. 4

C. BID DEPOSIT ……………………………………………………………………. 4

D. PAYMENT OF RENTAL …………………………………………………………. 4

E. WARRANTY ……………………………………………………………………… 5

F. ACCEPTANCE OF BIDS …….………………………………………………….. 5

G. REJECTION OF BIDS …………………………………………………………... 5

H. AWARD OF LEASE ……………………………………………………………… 5

I. DEFAULT …………………………………………………………………………. 6

SOCIAL SECURITY NUMBER REQUIREMENT …………………………………………. 6

INSTRUCTIONS TO BIDDERS …………………………………………………………….. 6

A. BIDS SUBJECT TO THESE TERMS …………………………………………. 6

B. SEALED BIDS …………………………………………………………………… 6

C. EXECUTION OF BIDS ………………………………………………………….. 6

D. ADDITIONAL INFORMATION …………………………………………………. 7

E. SUBMISSION OF BIDS ………………………………………………………… 7

F. WITHDRAWAL OF BIDS ……………………………………………………….. 7

G. OPENING OF BIDS …………………………………………………………….. 7

EXHIBITS

A. LEASE AREA MAP

B. LAND USE REGULATIONS

C. POTENTIAL WORK-IN-KIND PROJECTS

D. BID FORM

E. BID CALCULATION SHEET

F. SAMPLE LEASE

IDENTIFICATION AND INFORMATION

REGARDING AREA TO BE LEASED

1. PURPOSE AND INTENT: The property will be leased for hay production purposes only. The Government will use the production of hay for the manipulation and control of vegetation. 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 agreement with the United States government, 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 for a term of five (5) years with one (1) additional five-year renewal option for a total of 10 years considered. Lessee will be responsible for requesting the additional option years.

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 agreement within ten (10) days of the receipt of a written notice that the Government 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. 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. Annual rent will be completed at a minimum of 30 days before the anniversary of each lease year.

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. 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 Agriculture- Grazing Lease Coordinator U.S. Army Corps of Engineers, Whitney Lake Project Office, 285 County Road 3602, Clifton, Texas 76634, 254-622-3332, between the hours of 8:00 A.M. and 3:00 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 submitted 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 June 2, 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 government 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 most suitable bidder complying with the conditions of this NOA as determined by the Government, provided the bidder is responsive, the bid is reasonable, and it is in the interest of the Government to accept it.

i. DEFAULT

A bidder will be in default if any of the following occur:

1) bidder fails to enter into a formal lease agreement with the United States within ten (10) days after the bidder has been notified that the United States has accepted the bid as submitted.

2) the successful bidder fails to satisfy the conditions of the NOA.

The Government will then declare the bidder in default, and the deposit will be retained to defray expenses caused by the default.

4. 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.

5. 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 and cash payment to the Government as shown on EXHIBIT E - BID CALCULATION SHEET as TOTAL LEASE NET CASH BID (for 5 years plus one (1) five-year option), which will be paid to the Government.

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 before designated bid opening time.

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 present.

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Page 1 of 1 Exhibit A

LAND USE REGULATIONS

1. The lessee shall meet for a conference with the Lake Manager or their representative at the Whitney Lake Project Office by appointment 15-days prior to the start of each lease year to determine and finalize rental abatement work items required and appropriate use of the lease area. This shall be accomplished prior to any activity on site by the lessee. Rent payment shall be in the form of one hundred percent (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 cash payment equal to the estimated value of the rental abatement item. The lessee will submit the payment within ten (10) days after being advised by the Government that the cash payment is due. Work abatement items are expected to be completed according to schedule. Continuous failure to meet work abatement deadlines or to properly complete job tasks may result in termination of the lease. The work items for rental abatement shall be determined and approved by the

Lake Manager. An example of a work abatement item would be gate construction and installation. Prior to conducting any activity on site, the lessee shall make an appointment with the Lake Manager at the Whitney Lake Project Office to discuss the use of the lease area.

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

a. Reasonableness of a proposed price to accomplish rental abatement work item will be based upon competitive quotations each year from a minimum of three (3) 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 price of each rental abatement work item will be determined by the lowest bid. The lessee is responsible for payment of the lowest bidder who performs the work.

3. The lessee will, at all times during the term or duration of this lease, either personally conduct or appoint an individual in writing to maintain supervisory control over the operations conducted on the leased premises. The lessee or their appointed foreman must live in the immediate area or within a four (4) hour response time to handle any problems or emergencies which may arise on the lease area. If an individual is appointed as foreman, that person must have a copy of the lease in their possession.

The lessee will be responsible for all activities conducted under the lease.

Page 1 of 4 Exhibit B

4. The lessee may not lease lands for the specific purpose of receiving cash payments or other benefits by subleasing to another party or individual.

5. If the lessee joins in a partnership, the partner will be allowed to use the leased area for the same scope and purpose as stated in the lease and the lessee will retain all responsibilities and liabilities accepted in the lease. The lessee must obtain written permission from the Lake Manager and the Real Estate Contracting Officer prior to entering into a partnership after the lease is awarded.

6. The lessee and all people under their employ shall adhere to United States Army

Corps of Engineers regulations, as stated in Title 36 Code of Federal Regulations, Chapter III, part 327, “Rules and Regulations Governing Public Use of Water Resource

Development Projects”, administered by Chief of Engineers. Violations of this part, or any federal, state, or local laws may be basis for termination of said lease.

7. 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 lease will not be allowed.

8. The lessee will not alter existing gates or place additional access points in the perimeter fence in any lease area unless provided for in the rental abatement work items or prior written permission is granted by the Real Estate Contracting Officer. The lessee will keep gates locked at all times. The Government will provide locks for the duration of the lease. If lessee supplies combination locks, combination shall be shared with the Lake Manager and their Government representative. The lessee will not provide keys or access to the lease area to other persons unless they are working on behalf of the lessee.

9. The Government reserves the right to conduct controlled burns or other resource improvement activities on the lease area. Any such activities will be coordinated with the lessee and will accommodate the hay production schedule as much as possible.

10. The lessee shall take all reasonable precautions to prevent wildfires and to suppress any that may occur. It is further understood that the lessee will not purposely nor otherwise attempt to burn any portion of the area without a written permit issued by the Lake Manager.

11. Pumping of lake water for use on the lease area is prohibited unless written permission is granted from the Real Estate Contracting Officer and the Brazos River

Authority. If permission is granted, all pumping equipment will remain portable and in good working condition.

12. The lease area is subject to periodic flooding during which time operations may be impossible. The Government assumes no liability for production losses. Access across

Government property may also be limited from time to time due to climatic conditions.

The right is reserved to the United States to flood the lease premises and the lessee

Page 2 of 4 Exhibit B shall have no damages of any character on account thereof against the United States. If flooding prevents lessee from utilizing the lease area, the Government will negotiate with lessee for a reduction in payment.

13. This lease is restricted to hay production only. The following requirements will be adhered to:

a. The entire lease area, including areas that may not be desirable for baling, shall be mowed, at a minimum, three (3) times yearly (May, August, and October). A partial mowing will not be acceptable. Once the lessee begins a mowing, it must be completed within two (2) weeks. Failure to complete the mowing in the two (2) week timeframe could result in the Government completing the mowing at the lessee’s expense. Considerations will be made for weather delays. The lessee shall inform the

Lake Manager or their representative at least 24 hours before the beginning of each mowing. These mowings will not count as part of the abatement funds owed and thus should be reflected in bid pricing.

b. The lessee shall maintain areas around dam instrumentation within twenty (20) feet by mowing and weeding to a height of four (4) inches, at a minimum, three (3) times yearly (March, June, and August). This instrumentation is to include piezometers, settlement gauges, and concrete slope drains. There are approximately sixty (60) piezometers/settlement gauges and seven (7) slope drains. The lessee shall inform the

Lake Manager or their representative at least 24 hours before the beginning of each mowing. These mowings will not count as part of the abatement funds owed and thus should be reflected in bid pricing.

c. Vegetation on dam slopes (thirty (30) percent slopes or greater) and in drainage ditches (with the exception of ditches leading to concrete slope drains) located within the lease area will not be mowed by the lessee. These areas will be mowed by a contractor. The lessee shall make an effort to mow vegetation at the “boundary” between the areas mowed by the contractor and the hay lease.

d. All hay and equipment must be removed from Government land within fourteen (14) days after the mowing and baling is completed. Hay that is not removed within this timeframe will become Government property and will be subject to sale.

Equipment that is not removed within fourteen (14) days will be impounded.

e. The lessee shall apply an FDA regulated fertilizer between April and May of each lease year. Application must be supervised by a state licensed applicator. A copy of the license must be provided to the Lake Manager a minimum of ten (10) days prior to application. The lessee is required to fertilize the upstream and downstream embankment along the dam, approximately one hundred (100) acres, at a minimum.

The lessee is required to notify the Lake Manager or their representative for preapproval of the fertilizer type and estimated quantity to be used at least forty-eight (48) hours prior to application. Fertilizer application will not count as part of the abatement funds owed and thus should be reflected in bid pricing.

Page 3 of 4 Exhibit B

14. Any and all forms of chemical control must be approved by the Lake Manager, and use will be carried out in accordance with all federal, state, and local laws, rules, and regulations. Application must be supervised by a state licensed applicator. A copy of the applicator license and a completed Hazard Analysis and Application Record

(Exhibit G) must be provided to the Lake Manager a minimum of ten (10) days prior to application.

15. All requests to perform non-bid work items (not listed as work abatement) must be submitted to the Lake Manager or their representative as a written request. If approved, the lessee will not hold the Government liable or responsible for any damages or expenses. Any improvements made by the lessee to the lease area will become property of the Government. Removal of any improvements will not be allowed upon revocation, relinquishment, or termination of the lease. These items will not count toward work abatement.

16. Specifications for lease services may not cover all activities, steps, and/or procedures required to accomplish rental work abatement work items. In the event of an omission, specifications shall conform to standard accepted methods and techniques that will produce the desired result. In no instance shall an omission be a reason to perform inferior abatement work, produce a less than acceptable product, or refusal to perform an intended activity.

17. Failure to comply with any of the conditions contained herein including failure to perform/complete the annual rental abatement work items each year within the specified time period is a basis for revocation of the lease and the lessee will owe the cash value of the services not performed which are due and payable upon revocation.

If rental abatement work items are not completed by the due date through no fault of the lessee, then the Lake Manager may reschedule or delete the work item. If a rental abatement item is deleted and no other abatement item can be substituted, the lessee shall be required to submit a cash payment equal to the estimated value as agreed to in Lease Condition No. 2 for rental abatement during the lease year. Any payments will be submitted by the lessee within ten (10) days after being advised by the Government that a cash payment is due.

Page 4 of 4 Exhibit B

Potential Work in Kind Projects

Page 1 of 6 Exhibit C m2remvaw Stamp

EXAMPLE SPECIFICATIONS FOR POTENTIAL

“NEGOTIATED RENTAL ABATEMENT WORK ITEMS”

1. Fence Line Clearing

(a) All vegetation, debris, etc. will be removed along fence lines from the property line fence to fifteen (15) feet inside Government property line by the lessee. All vegetation growing within this area with the exception of trees over a six (6) inch diameter to breast height (dbh) as identified by the Lake Manager’s representative will be cut off at ground level. Overhanging tree limbs will be trimmed back to a minimum of eight (8) feet. Brush and other vegetative materials will be placed in piles on the lease area at locations designated by the Lake Manager’s representative. No burning will be allowed of required.

2.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 removed. Any posts 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 forty (40). All posts will be set as specified in the job specs at no less than thirty (30) inches and all pipes will be capped with metal or concrete caps. All post holes will have a minimum diameter of twelve (12) inches and will be filled surface level with concrete.

(d) All posts will be plumb, on line and to grade. A welded metal H-brace will be installed every three hundred (300) feet or any place an H-brace is removed. Pipe line posts will be set every one hundred (100) feet.

(e) All strands of barbed wire will be taut upon complete of the job. Wire must be tight enough so that a five (5) pound weight that is suspended in the middle of a fifteen (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 re-stretched. The wire will be attached to the line posts with galvanized wire fence clips or a minimum of twelve

(12) gauge galvanized tie wire. Strands will be spaced in the following manner: the bottom strand will be six (6) inches from the ground, the top strand will be fifty-six (56) inches from the ground, and the remaining strands will be evenly spaced 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.

Page 2 of 6 Exhibit C

(f) In segments of the fence that do not require the barbed 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 spaces scheme, and require all broken or missing strand twelve and one-half (12 ½) gauge two-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 branches, 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 upon itself a minimum of four (4) times. All strands of barbed wire 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 six and one-half (6 ½) feet tall and 1.33 grain. Any T-posts that are 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 partially buried by silt, the lessee will pull the T-posts out of the ground and reset them at the proper depth. The strands of barbed wire will reattach according to the specifications as stated in section e.

(k) 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 further than 8 inches from the monument.

(l) 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.

3. New Pipe Fence Construction

(a) The installer shall provide all materials required for proper completion of this job task.

(b) Steel pipe shall be new or used drill stem, two and seven-eighths (2 7/8) inch outside diameter, schedule forty (40). The pipe must be free of rust scale and shall not have rust pits deeper than one-sixteenth (1/16) of an inch. The installer shall be responsible for cutting the pipe to the correct lengths and installing the caps under this specification.

(c)Domed steel post caps, not less than one-eighth (1/8) inch in thickness, and equivalent diameter to the pipe post on which they are welded.

Page 3 of 6 Exhibit C

(d) Upright posts shall be spaced ten (10) feet apart and driven five (5) feet deep in loose or broken rock, or a three (3) inch diameter hole twenty-four (24) inches deep in solid rock and grouted in place, or a nine (9) inch diameter hole thirty-six (36) inches deep back filled with concrete flush with ground level. All posts shall be set plumb, on line, and to grade by the installer.

(e) Fence rail shall be a height of twenty-four (24) inches and be level with newly constructed gates.

(f) Upright posts shall have holes drilled into the upper region of them so that existing cable fence can be tied into posts at termination points by the installer.

(g) All open posts shall have a one-eighth (1/8) inch thick cap welded in place with a continuous weld around the entire circumference. All welds shall be free of sharp edges or burrs.

4. Fence Removal

(a) All fences to be removed will be at the request of the Lake Manager’s representative. All wire will be removed and disposed of properly off of government property. Any wires grown over by trees will be cut where the wires enter and exit the tree and be removed. Wires running into the ground will be pulled up as much as possible and cut six (6) inches below ground level.

(b) All posts will be pulled up or cut off at ground level. Wooden posts will be removed and disposed of properly off Government property. If sources for recycling are available, any metal posts and/or wire removed must be recycled. The Government reserves the right to keep any materials that may be needed for future use.

5. DUAL PIPE GATE CONSTRUCTION:

(a) The installer shall provide all materials required for proper completion of this job task.

(b) Steel pipe shall be new or used drill stem, two and seven-eighths (2 7/8) inch outside diameter, schedule forty (40). The pipe must be free of rust scale and shall not have rust pits deeper than one-sixteenth (1/16) of an inch. The installer shall be responsible for cutting the pipe to the correct lengths and installing the caps under this specification.

Domed steel post caps, not less than one-eighth (1/8) inch in thickness, and equivalent diameter to the pipe post on which they are welded.

(c) Posts shall be driven five (5) feet deep in loose or broken rock, or a five (5) inch diameter hole twenty-four (24) inches deep in solid rock and grouted in place, or a twelve (12) inch diameter hole thirty-six (36) inches deep back filled with concrete flush with ground level. All posts shall be set plumb, on line, and to grade by the installer.

Page 4 of 6 Exhibit C

(d) The tops of the posts shall be cut to form a saddle, in which horizontal pipe shall be set, with a solid bead welded at the junction to prevent water from entering the post.

The gates shall be twenty-four (24) inches in height and eight (8) feet in length, sixteen

(16) feet in total length between the two gates. One (1) of the two (2) gates shall have a vertical support pipe located at the end of the gate to ensure equal weight distribution of the dual gates. The gates shall be set level with the corresponding fence rail. Gates shall be symmetrical and be able to open simultaneously without fault.

(e) Hinges and vandal resistant locking device will be constructed on the gate. All joints will be welded around the entire circumference of the pipe. Any exposed pipe ends on gate shall have a one-eighth (1/8) inch cap welded in place with a continuous weld around the entire circumference. All welds and surfaces shall be free of any sharp edges or burrs.

6. FARM GATE INSTALLATION:

(a) The installer shall provide all materials required for proper completion of this job task.

(b) Materials needed include steel pipe, two and seven-eighths (2 7/8) inch outside diameter, schedule forty (40). The installer shall be responsible for cutting the pipe to the correct lengths and installing the caps under this specification. Pre-constructed “farm gate” twelve (12) feet in length and constructed of one and three-fourth (1 ¾) inch or larger pipe, sixteen (16) gauge galvanized or coated steel. Domed steel post caps, not less than one-eighth (1/8) inch in thickness, and equivalent diameter to the pipe post on which they are welded. One (1) inch link galvanized chain, approximately two (2) feet in length.

(c) H-Brace posts shall be driven five (5) feet deep in loose or broken rock or grouted in place in a three (3) inch diameter hole twenty-four (24) inches deep when placed in solid rock or placed in a nine (9) inch diameter hole thirty-six (36) inches deep and back filled with concrete flush with ground level. All posts shall be set plumb, in line, and to grade by the installer.

(d) Gate hinges will be welded in place to the H-brace allowing the gate to open on the opposite side. Gate hinges shall be installed in a manner that prevents the gate from being lifted up and off of the hinges. Gate shall swing fully open without dragging.

(e) Gate shall have a sufficient length of one (1) inch chain welded to the H-brace on the non-hinged side used to secure the gate with a combination lock provided by the Government.

7. Chemical Vegetation Control

(a) The lessee will provide all chemicals, equipment, and labor to chemically control target brush species to include mesquite, prairie willow, salt cedar, and any other designated species defined by the job specific scope of work. The person applying the

Page 5 of 6 Exhibit C herbicide must possess a valid State of Texas applicators license. A copy of the license must be available to the Lake Manager’s representative.

(b) Type and rate of chemical will be set dependent on target species. The timing of application will also be dependent on chemical manufacturing recommendations. The areas to be treated will be identified by a 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 chemicals and application will be submitted to the Lake Manager’s representative upon completion of the project.

(c) Application will be made following all precautions and specifications on herbicide’s label and all applicable local, state, and federal laws and regulations strictly followed.

(d) Lessee may be required to re-treat the target species 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’s representative.

Page 6 of 6 Exhibit C

Pagge 1 ooff 3 EXHIBBIT D

EXHIBIT D

BID FORM

NOTICE OF AVAILABILITY NO.: DACW63-9-25-0578

PROJECT: Aquilla Lake, Texas

DATE: JUNE 2, 2025

District Engineer Fort Worth District Corps of Engineers ATTN: AG/Grazing Lease Coordinator Whitney Lake Office 285 County Road 3602 Clifton, Texas 76634

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. DACW63-9-25-0578 the parcel below for the price indicated. TOTAL LEASE NET CASH BID for five (5) years with one (1) five-year option. (from EXHIBIT E, BID CALCULATION SHEET)

TOTAL LEASE NET CASH BID: Approximately 523 acres of land, including 254 acres of hay production

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

Signature Date

Pagge 2 ooff 3 EXHIBBIT D

PRIVACY ACT STATEMENT

Your social security number will be requested if your bid is accepted.

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 3 of 3 EXHIBIT D

BID FORM (cont.)

NOTICE OF AVAILABILITY NO.: DACW63-9-25-0578

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.

AFFIX SEAL

Signature______________________________________

Title__________________________________________

EXHIBIT E

BID CALCULATION SHEET

The Lessee will meet, by appointment, with the Lake Manager, or their representative, at the Whitney Lake Office, within the first ten (10) days of the lease period for the first year, and fifteen (15) days prior to the start of each lease year thereafter, to discuss the rental work abatement items and schedule prior to any activity by the Lessee. The lease requires one-hundred percent (100%) of rent to be in the form of work abatement as described in EXHIBIT B, LAND USE REGULATIONS.

LEASE YEARS 1-5:

A. Lease Year 1 = $ _____________

B. Lease Year 2 = $ _____________

C. Lease Year 3 = $ _____________

D. Lease Year 4 = $ _____________

E. Lease Year 5 = $ _____________

TOTAL 1 = TOTAL LEASE NET CASH BID (5 years) $______________

OPTION YEARS:

(If made available at that time)

A. Option Lease Year 1 = $ _______________

B. Option Lease Year 2 = $ _______________

C. Option Lease Year 3 = $ _______________

D. Option Lease Year 4 = $ _______________

E. Option Lease Year 5 = $ _______________

TOTAL 2 = TOTAL NET OPTION YEARS BID (5 Years) $________________

TOTAL 1 $________________

TOTAL 2 $ ________________

TOTAL LEASE NET CASH BID = $ ________________

SAMPLE LEASE NO. DACW63-1-25-XXXX

Page 1 of 30 Exhibit F

DEPARTMENT OF THE ARMY LEASE

FOR AGRICULTURAL PURPOSES

LOCATED ON

AQUILLA LAKE

HILL 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 Name>>, 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 523 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 five (5) years, beginning XXXXXXXXXX and ending XXXXXXXX, 2030, unless earlier terminated pursuant to the condition on TERMINATION. Provided that the Lessee has complied with the terms of this contract to the complete satisfaction of the Secretary or his representative, the Secretary has the option to grant the Lessee one (1) additional 5-year option.

Page 2 of 30 Exhibit F

2. CONSIDERATION

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

(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

Page 3 of 30 Exhibit F 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 Lessor, 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, whether or not the addressee actually accepts 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

Page 4 of 30 Exhibit F

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

Page 5 of 30 Exhibit F

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

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 with the Lessee, and easements will not be granted which will, in the opinion of the Lessor, interfere with the use of the Premises by the Lessee.

13. SUBJECT TO MINERAL INTERESTS

This Lease is subject to all outstanding mineral interests. As to federally-owned mineral interests, the Lessee understands and acknowledges that such interests may be included in present or future mineral leases issued by the Bureau of Land Management (BLM), Department of the Interior which has responsibility for mineral development on federal lands. The Lessor 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.

14. PROTECTION OF PROPERTY

a. For the purposes of this condition, the term “Lessee” shall include Lessee’s employees, officers, agents, invitees, contractors and subcontractors, assigns, licensees, sub-leases, subgrantees, and other affiliates.

b. The Lessee shall keep the Premises in good order and repair and in a decent, clean, sanitary, and 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

Page 6 of 30 Exhibit F 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 the Lessor, or at the election of the Lessor, reimbursement made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the Lessor.

c. The Lessee shall immediately notify the Lessor upon discovery of any hazardous conditions on the Premises that present an immediate threat to health and/or danger to life or property. The Lessor, upon discovery of any hazardous conditions on the Premises that present an immediate threat to health and/or danger to life or property, will so notify the Lessee.