20250108_IFB_NASK_25ac_V1.pdf

FOR LEASE AGRICULTURAL LAND

NAVAL AIR STATION (NAS) Kingsville, Texas

25.32 ACRES

The proposed lease area at the Naval Air Station Kingsville, Texas consists of 25.32 acres inclusive of ditches, field borders, field roads, and other natural or man-made features of the landscape, less and except fenced driveways. The lease area is to be used for row crop purposes only. The lease is for an initial term of one (1) year with the option to renew for nine (9) additional one-year periods. The lease area will be available to the lessee starting on 01 March 2025.

NOTE: A 20 foot buffer zone between installation fenceline and row crops is required.

SEALED BIDS ARE SOLICITED AND MUST BE RECEIVED BY 4:00PM, CST, 27 January 2025.

THERE WILL BE A PUBLIC BID OPENING, AND ALL OFFERS WILL BE KEPT STRICTLY CONFIDENTIAL UNTIL

THE PUBLIC OPENING.

DATE OF OPENING: 31 January 2025

TIME OF OPENING: 3:00 P.M. CST

MAIL BIDS TO: NAVAL AIR STATION, KINGSVILLE

PUBLIC WORKS DEPARTMENT, BUILDING 4711

ATTN: David Garza 201 Nimitz Ave NAS Kingsville, Texas 78363

Inspection is invited between 8:00 A.M. and 3:00 P.M., Monday through Friday - Government Holidays excluded. Arrangements can be made by calling Mr. David Garza, Naval Air Station, Kingsville, Texas at (361) 516-6058.

A DEPOSIT IN AN AMOUNT OF NOT LESS THAN 25% OF THE FIRST TERM’S RENT MUST

ACCOMPANY EACH BID.

Lease N69450-25-RP-00020 and other bid package information may also be requested in writing to David Garza, Real Property Accountable Officer (RPAO), Naval Air Station, Kingsville, Texas; Public Works Department, Bldg. 4711, Attn:

David Garza, 201 Nimitz Avenue, NAS Kingsville, Texas 78363 or by calling (361) 516-6058.

IF YOU ARE AN EMPLOYEE OF THE FEDERAL GOVERNMENT, ACTING IN EITHER A CIVILIAN OR MILITARY CAPACITY, YOU ARE NOT QUALIFIED TO RECEIVE AN AWARD OF LEASE UNDER THIS INVITATION TO BID.

michelle.ross Cross-Out

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHEAST

JACKSONVILLE, FL 32212-0030

11011 Ser RE31/00013 January 13, 2025

NOTICE OF AVAILABILITY AND INVITATION FOR BID

TO LEASE GOVERNMENT LAND FOR AGRICULTURAL PURPOSES (ROW CROP

CULTIVATION) ONLY

NAVAL AIR STATION (NAS), KINGSVILLE, TEXAS

The Government hereby extends this Notice of Availability and Invitation for Bids on the leasing of approximately 25.32 +/- acres of land inclusive of ditches, field borders, field roads, and other natural or man-made features of the landscape, less and except fenced driveways, for agricultural purposes (growing of row crops only) at the Naval Air Station (NAS) Kingsville, Texas.

1. LOCATION AND DESCRIPTION. Approximately 25.32 +/- acres of land inclusive of ditches, field borders, field roads and other natural or man-made features of the landscape, less and except fenced driveways, at NAS Kingsville, Texas as shown on Attachment 1. Bidders are urged and expected to inspect the site and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The acreage being advertised is believed to be correct, but any error or omission of the size, location or productivity of the land shall not constitute grounds for non-compliance with any of the provisions or conditions of the Lease or allow claim for refund or deduction from the rental. Should the bidder desire to have a survey accomplished, such cost will be at the bidder’s expense.

2. BID RECEIPT AND OPENING. Sealed bids for the leasing of the property described herein will be received until 4:00 PM, CST, 27 January 2025, at Public Works Department, Building 4711, ATTN: Mr. David Garza (RPAO), 201 Nimitz Ave, Kingsville, Texas 78363. There will be a public bid opening, and all offers will be kept strictly confidential until the lease is awarded.

All bids shall be made on the Bid Form, Attachment 2, accompanying this Invitation for Bids (IFB) and in the manner described in the attached Instructions to Bidders, Attachment 3.

Instructions to Bidders. All bids must be plainly marked as follows:

“SEALED BID, AGRICULTURAL PURPOSES (ROW CROP CULTIVATION) ONLY

LEASE, NAS KINGSVILLE, TEXAS “N69450-25-RP-00020.”

3. LEASING INFORMATION.

a. Period of Lease. The term of this lease shall be for an initial term of one (1) year and shall begin on 01 March 2025 with the right to renew for nine (9) additional terms of one (1) year each. The Government reserves the right to terminate the lease in whole or in part at any time.

b. Use. The 25.32 +/- acres shall be restricted to agricultural purposes

11011 Ser RE31/00013 January 13, 2025

(ROW CROPS ONLY).

c. Award of the Lease. The lease award will be made to the responsible, responsive bidder submitting an acceptable offer at the highest bid. After award, the successful bidder will be required to enter into a Lease with the Government, a draft of which is provided as Attachment

4 to this Notice of Availability and Invitation for Bid.

d. Conservation Plan. The Conservation Plan, Attachment 5, to the Lease prescribes conservation practices to be performed by and at the expense of the successful bidder. These are professional management practices. No reimbursable work is scheduled during the time of this lease. However, procedures are provided so such work can be accomplished if the need arises.

Questions prior to bidding regarding the Conservation Plan should be directed to Mr. Greg

Neate, Installation Environmental Program Director, (361) 516-6404.

4. ADDITIONAL INFORMATION. Anyone delivering bids in person must possess a valid driver’s license or other Government issued picture identification, complete SECNAV 5512 base access form, Attachment 6, and ensure they have enough time for base access. See Instructions to Bidders, Attachment 3, for further information. See also Fence Specifications, Attachment

7. Bidders must submit an Agricultural Lease Defense Production Act Questionnaire, Attachment 8.

Questions regarding the submission of bids and the administration of the proposed lease may be directed to the Public Works Department, Bldg. 4711, ATTN: Mr. David Garza (RPAO), 201 Nimitz Avenue, NAS Kingsville, Texas 78363 or via email at david.c.garza8.civ@us.navy.mil.

MICHAEL P. BAILEY

Real Estate Contracting Officer

Date

Attachment 1: NAS KINGSVILLE Map Attachment 2: Bid Form Attachment 3: Instructions to Bidders Attachment 4: Draft Lease Attachment 5: Conservation Plan Attachment 6: SECNAV 5512 Base Access Form Attachment 7: Fence Specifications Attachment 8: Agricultural Lease Defense Production Act Questionnaire

Copy to: NAS Kingsville (N00)

Attachment 1 N69450-25-RP-00020

C:\Users\d evin.ha nnon\OneDrive - US Na vy-fla nksp eed \Docum ents\Z_WORKING\1839366-AG Lea se Exhib it 25 a c \GIS\MXD\1839366-AG Lea se Exhib it 25 a c Lega l.m xdUser Na m e: d evin.ha nnon

NAS

Kingsville Agricultura l Out-Lea se

P REP ARED BY:

Da te: 11/13/2024 Na va l Fa c ilities Engineering System s Com m a nd Southea st

Ca d a stra l Bra nc h Conta c t: SE CADASTRAL

Kingsville, TX

NOT A

BOUNDARY

SURVEY

P ARCEL 1

Kleb erg Town a nd Im p rovem ent Com p a ny Sub d ivision, sa id sub d ivision rec ord ed in Volum e 1 P a ge 34, Envelop e 18, Ma p Rec ord s of Kleb erg County Texa s, b eing a p ortion of Lot 12 Bloc k 25, a nd b eing a p ortion of US NAS Kingsville, Kingsville, Texa s b eing m ore p a rticula rly d escrib ed a s follows:

Com m enc ing for referenc e a t the Southwest c orner of Lot 12, Bloc k 25, sa id c orner a lso b eing the Northwest c orner of Lot 13 of sa id Kleb erg Town a nd Im p rovem ent Com p a ny Sub d ivision, sa id c orner a lso lying on the Ea st Right of Wa y of County Roa d 1070, Thenc e b ea ring North 00°58’53” West a long the Ea st Right of Wa y line of County Roa d 1070, a d ista nc e of 1079.65 feet to a p oint on the b ound a ry line of Na va l Air Sta tion Kingsville a nd the P OINT OF BEGINNING of the herein d esc rib ed p a rc el of la nd ;

Thenc e c ontinue North 00°58’53” West a long sa id Right of Wa y a d ista nc e of 300.43 feet to the South Right of Wa y line of County Roa d 2080;

Thenc e lea ving sa id Ea st Right of Wa y line b ea ring N89°01’50” Ea st a long the south Right of Wa y line of sa id County Roa d 2080 a d ista nc e of 1263.85 feet to the ea st line of lot 12 Bloc k 25;

Thenc e b ea ring South 00°59’59” West a long the ea st line of sa id Lot 12 a d ista nc e of 301.66 feet to a p oint on sa id b ound a ry line;

Thenc e b ea ring South 89°05’25” West a long sa id b ound a ry line a d ista nc e of 1263.95 feet to the

P OINT OF BEGINNING.

Conta ining 380,437 sq ua re feet or 8.734 a c res m ore or less.

TOGETHER WITH:

P ARCEL 2

Kleb erg Town a nd Im p rovem ent Com p a ny Sub d ivision, sa id sub d ivision rec ord ed in Volum e 1 P a ge 34, Envelop e 18, Ma p Rec ord s of Kleb erg County Texa s, b eing a p ortion of Lots 9 a nd 10, Bloc k 24, a nd b eing a p ortion of US NAS Kingsville, Kingsville, Texa s b eing m ore p a rticula rly d escrib ed a s follows:

Com m enc ing for referenc e a t the Southwest c orner of Lot 12, Bloc k 25, sa id c orner a lso b eing the Northwest c orner of Lot 13 of sa id Kleb erg Town a nd Im p rovem ent Com p a ny Sub d ivision, sa id c orner a lso lying on the Ea st Right of Wa y of County Roa d 1070, Thenc e b ea ring North 00°58’53” West a long the Ea st Right of Wa y line of County Roa d 1070, a d ista nc e of 1079.65 feet to a p oint on the b ound a ry line of the Na va l Air Sta tion Kingsville a nd sa id ea st right of wa y line;

Thenc e lea ving sa id ea st right of wa y line b ea ring South 89°05’25” West a long sa id b ound a ry line, a d ista nc e of 60.00 feet to the west right of wa y line of sa id County Roa d 1070 a nd the P OINT OF BEGINNING of the herein d esc rib ed p a rc el of la nd .

Thenc e b ea ring South 89°05’25” West a long sa id b ound a ry line a d ista nc e of 2294.76 feet to the intersection with the Northea st Right of Wa y line of Angle Roa d ;

Thenc e lea ving sa id b ound a ry a nd sa id Right of Wa y line b ea ring North 58°31’47” Ea st a d ista nc e of

712.47 feet;

Thenc e b ea ring North 88°59’44” Ea st a d ista nc e of 1689.23 feet to a p oint on the West Right of Wa y line of sa id County Roa d 1070;

Thenc e b ea ring South 00°58’53” Ea st a long sa id West Right of Wa y line a d ista nc e of 365.03 feet to the P OINT OF BEGINNING.

Conta ining a rea 722,418 sq ua re feet or 16.584 a c res m ore or less.

Together the p a rc els tota l 25.318 a c res m ore or less.

Attachment 1 N69450-25-RP-00020

Bid Form

25.32 Acre Parcel

Contract Number: N69450-25-RP-00020

Attachment 2 BID FORM

INVITATION FOR BID (IFB) N69450-25-RP-00020

DEPARTMENT OF THE NAVY AGRICULTURAL LEASE

Parcel 25.32 Acre Naval Air Station Kingsville, TX

25.32 Acre for Row Crop Cultivation Only

1. NAME OF BIDDER (print): __________________________________________

2. RENT (complete “Rent per Acre” and “Total Rent for the Term” columns:

Term Rent/Acre/Year Total Rent for the Term

March 1, 2025 – February 28, 2026 (One-Year Firm Term)

25.32 Acres $______ $______

Option Period 1: March 1, 2026 – February 28, 2027

25.32 Acres $______ $______

Option Period 2: March 1, 2027 – February 29, 2028

25.32 Acres $______ $______

Option Period 3: March 1, 2028 – February 28, 2029

25.32 Acres $______ $______

Option Period 4: March 1, 2029 – February 28, 2030

25.32 Acres $______ $______

Option Period 5: March 1, 2030 – February 28, 2031

25.32 Acres $______ $______

Option Period 6: March 1, 2031 – February 29, 2032

Contract Number: N69450-25-RP-00020

25.32 Acres $______ $______

Option Period 7: March 1, 2032 – February 28, 2033

25.32 Acres $______ $______

Option Period 8: March 1, 2033 – February 28, 2034

25.32 Acres $______ $______

Option Period 9: March 1, 2034 – February 28, 2035

25.32 Acres $______ $______

Total Rent for Lease Term (One-Year Firm Term and Nine (9) One-Year Option Periods):

3. PAYMENT CYCLE (Circle One): Annual Semi-Annual Quarterly

4. BID DEPOSIT

Amount of Bid Deposit* $______________

*25% of annual rent. Please read about Bid Deposit in the Instructions to Bidders.

5. ACKNOWLEDGMENTS

A. By executing the Bid Form, Bidder warrants and represents to the Government that Bidder has read, understands, and accepts all of the terms and conditions of the Lease and its Exhibits, including the Soil and Water Conservation Plan.

B. By executing the Bid Form, Bidder acknowledges that rejecting a Lease or withdrawing a bid after acceptance of a bid by the Government constitutes a default, which may result in the Government determining the bidder non-responsible and not eligible to participate in any future Navy agricultural Lease Invitations to Bid, including other proposed Leases solicited in this Invitation to Bid.

C. By executing the Bid Form, Bidder acknowledges that the Government may determine any Bidder not responsible, if the Bidder (including any corporate officers, directors, shareholders, partners of partnership, or officers or members of business entity (“Principals”) submitting a bid is in breach or default of a material provision of an existing or prior Lease at the time of evaluation of Bids under this solicitation.

Contract Number: N69450-25-RP-00020

D. Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. §1001.

6. AMENDMENTS (if applicable)

Bidder acknowledges receipts of amendments to the Invitation for Bid Amendment/Addendum No. _________ Initial: _______ Date: _____________ Amendment/Addendum No. _________ Initial: _______ Date: _____________

7. EXECUTION BY BIDDER

Name of the bidder (print): __________________________________________

Signature of person authorized to sign bid:

_________________________________ Date: _________________

Tax Identification Number: ___________________________

Street address: _____________________________________________________

City, State, Zip Code: _______________________________________________

Telephone: ________________________________

Email Address: ____________________________________________________

Instructions to Bidders NAS Kingsville TX

Contract Number: N69450-25-RP-00020

Attachment 3

INSTRUCTIONS TO BIDDERS

ELIGIBILITY TO BID ON AND AWARD LEASED PARCELS

Bids will be accepted from any United States citizen, corporation, partnership, or trust. The Government will evaluate bids in response to this solicitation without discussions. The Lease will be awarded to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government. The total bid shall consist of the initial lease term plus all option periods. The bid will be evaluated on the basis of whether or not it is made by a responsive and responsible bidder. The Government may determine any bid non-responsive, where submitted by a person or entity, who is in breach or default of a material provision of an existing or prior lease at the time of evaluation of bids under this solicitation.

The Government may: 1. Reject any or all bids without a requirement for justification;

2. Accept other than the highest bid;

3. Not award the Lease

REVIEW OF ALL DOCUMENTS

Interested bidders shall review all documents, provisions, clauses, and terms of the Invitation for Bid (IFB) and of each proposed Lease on which interested bidders are bidding.

All inquiries concerning any part of the contract shall be made to Mr. David Garza at david.c.garza8.civ@us.navy.mil or 361-516-6058. Inquiries and Requests for Information (RFI) shall be submitted via e-mail no later than 23 January 2025.

BID FORM

Interested bidders shall read and complete all sections required on the Bid Form:

1. Name of Bidder

2. Rent

3. Payment Cycle

4. Bid Deposit

5. Acknowledgements

6. Amendments

7. Execution by Bidder

BID DEPOSIT

Interested bidders must enclose a deposit of 25% of the annual rent in the form of a certified check, Postal Service Money Order payable to the “Treasurer of the United States.” The bidder should be named as the “remitter” on the deposit. CASH BID or PERSONAL CHECKS WILL NOT BE ACCEPTED. The deposit of a successful bidder will be retained by the Government and applied as partial payment of the first year's rent. Deposits of unsuccessful bidders will be returned without interest, as promptly as possible after award has been made to the successful bidder.

mailto:david.c.garza8.civ@us.navy.mil

Instructions to Bidders NAS Kingsville TX

Contract Number: N69450-25-RP-00020

AGRICULTURAL LEASE DEFENSE PRODUCTION ACT QUESTIONNAIRE

Interested bidders must submit the completed questionnaire to be considered responsive. Please answer all applicable sections and place “N/A” where no response is required. Cell phone devices are not required to be listed. Attach additional pages if necessary and indicate the number of pages attached.

SUBMISSION OF BID

The Bid must be submitted in a SEALED ENVELOPE or package, marked and addressed as in the following example:

[Bidder name and address here]

Naval Air Station, Kingsville

Public Works Department, Building 4711

Attn: David Garza

201 Nimitz Ave

NAS Kingsville, Texas 78363

Bid For:

NAS Kingsville, TX

Agricultural Lease Contract N69450-25-RP-00020

Parcel 25.32ac

To Be Opened:

3:00 P.M. Central Time

January 31, 2025

In the event an interested bidder intends to bid on multiple leases, individual bids and bid deposits must be submitted for each Lease. In addition, each bid must be submitted individually in a sealed envelope or package as shown in the sample above.

BIDDER’S CHECK LIST

• Completed Bid Form

• Bid deposit (certified check, cashier's check, or U.S. Postal Service Money Order)

• Agricultural Lease Defense Production Act Questionnaire

• Bid Form and bid deposit are submitted in a SEALED envelope or package no later than time and date specified. No late bids will be accepted.

A

LEASE Between . HEREINAFTER CALLED THE “LESSEE” AND THE UNITED STATES OF AMERICA HEREINAFTER CALLED THE “GOVERNMENT.”

THE GOVERNMENT HEREBY LEASES TO LESSEE THE PROPERTY DESCRIBED BELOW UNDER THE TERMS, CONDITIONS, GENERAL PROVISIONS AND SPECIAL PROVISIONS SET FORTH ON THIS PAGE AND SUBSEQUENT

PAGES OF THIS LEASE FORM.

1. LEASED PROPERTY: ALL THAT PORTION OF THE NAVAL ACTIVITY IDENTIFIED IN EXHIBIT A, WHICH

PORTION IS HEREIN AFTER CALLED THE “PREMISES” AND DESCRIBED AS FOLLOWS:

Approximately 25.32 acres of land, inclusive of ditches, field borders, field roads, and other natural or man-made features of the landscape, less and except fenced driveways, as shown in the Conservation Plan, attached hereto and made a part hereof as Attachment A.

2. TERM: THE TERM OF THIS LEASE SHALL BEGIN ON 1 March 2025 and ending on 28 February 2026 UNLESS SOONER TERMINATED IN

ACCORDANCE WITH THE PROVISIONS OF ARTICLE 10 HEREOF.

LESSEE MAY EXTEND THE TERM OF THIS LEASE FOR 9 ADDITIONAL PERIODS OF ONE (1) YEAR EACH BY DELIVERY TO THE LOCAL GOVERNMENT REPRESENTATIVE OF WRITTEN NOTICE OF ITS INTENTION TO EXTEND NO LATER THAN NINETY (90) DAYS PRIOR TO THE EXPIRATION OF THE THEN CURRENT TERM: PROVIDED, NO EXTENSION SHALL BE GRANTED WHICH CREATES A TOTAL TERM

IN EXCESS OF TEN (10) YEARS.

3. RENT: LESSEE SHALL PAY THE GOVERNMENT ANNUAL RENTAL OF $ PAYABLE ANNUALLY NOT LESS THAN THIRTY

(30) DAYS IN ADVANCE OF THE COMMENCEMENT OF THE ANNUAL LEASE TERM IN CONFORMITY WITH THE PROVISIONS OF ARTICLE

10W HEREOF.

4. USE: THE PREMISES SHALL BE USED SOLELY FOR ROW CROP CULTIVATION.

5. PERFORMANCE BOND OR SECURITY: TO SECURE THE FAITHFUL PERFORMANCE OF ITS OBLIGATIONS HEREUNDER LESSEE SHALL PROVIDE THE GOVERNMENT WITH EITHER: (A) COLLATERAL SECURITY IN THE FORM OF CASH OR NEGOTIABLE GOVERNMENT BONDS, OR (B) A PERFORMANCE BOND ISSUED BY A CORPORATE SURETY AND SATISFACTORY TO THE

GOVERNMENT IN ALL RESPECTS, IN THE AMOUNT OF $ N/A

6. EXECUTION BY LESSEE

NAME OF LESSEE

BY

(Signature) (Witness)

(Title) (Date)

CERTIFICATION BY SECRETARY OR ASSISTANT SECRETARY OF CORPORATE LESSEE

I CERTIFY THAT THE PERSON WHO SIGNED THIS LEASE ON BEHALF OF LESSEE WAS THEN THE OFFICER INDICATED AND THIS AGREEMENT WAS DULY SIGNED FOR AND ON BEHALF OF SAID CORPORATION BY AUTHORITY OF ITS GOVERNING

BODY AND IS WITHIN THE SCOPE OF ITS CORPORATE POWERS.

(CORPORATE

SEAL) (Signature) (Title)

EXECUTION FOR AND ON BEHALF OF THE GOVERNMENT THE UNITED STATES OF AMERICA

BY

(Real Estate Contracting Officer) (Date) (Witness)

IDENTIFICATION DATA

NAME AND ADDRESS OF ACTIVITY

Commanding Officer, Naval Air Station Kingsville ATTN: Public Works Department /B-4711 201 Nimitz Ave Kingsville, Texas 78363

LOCAL GOVERNMENT REPRESENTATIVE/TITLE AND ADDRESS

COMMANDING OFFICER

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHEAST

P.O. BOX 30, BUILDING 903, RE31

JACKSONVILLE, FL 32212-0030

ADDRESS OF LESSEE

NAVFAC 11011/22 (Rev. 7-75) Supersedes NAVDOCKS 2595 AND 2596

DEPARTMENT OF THE NAVY LEASE

FOR ROW CROP CULTIVATION ONLY

PURPOSES

CONTRACT NUMBER

N69450-25-RP-00020

Attachment 4 - Draft Lease

A. REPRESENTATIONS

LESSEE has examined, knows and accepts the condition and state of repair of the Premises and all appurtenances thereto and acknowledges that the Government has made no representation concerning such condition and state of repair, nor any agreement or promise to alter, improve, adapt, repair or keep in repair such Premises an� appurtenances, or any item thereof, which has not been fully set forth on this lease which contains all the agreements made and entered into between Lessee and the Government.

B. PROHIBITION OF FEDERAL

SUBSIDY PARTICIPATION

Notwithstanding the uses permitted to it in Article 4 of this lease, Lessee shall at no time during the term of this lease, or any extension thereof, use the Premises or its interest therein in any manner which shall constitute direct participation in any subsidy program of the Federal Government relative to either the use or abstention from use of the Premises.

C. SUBJECTION TO GOVERNMENT

SOIL & WATER CONSERVATION

PLAN

During the term of this lease the Lessee shall apply the conservation measures and use the Premises in accordance with the conservation plan attached hereto and made a part hereof. Lessee shall in no manner substantially change the contour or condition of the land constituting any part of the Premises except for such changes as shall be reasonably required to effect soil and water conservation measures.

(Conservation Plan is attached as Attachment A to the Lease)

D. INSTALLATIONS AND REMOVALS

Subject to the prior written approval of the Government, Lessee shall have the right to erect, at its own expense, such temporary structures on the Premises as may be necessary or incidental to its use thereof under this lease. All such structures shall remain the property of Lessee and Lessee shall remove same from the Premises prior to the expiration of the term of this lease, as the same may be extended, or the earlier termination thereof; Provided, in the event the Government shall terminate this lease upon less than thirty (30) days notice Lessee shall have thirty (30) days from receipt of notice of termination to accomplish such removal. All property not so removed shall be deemed abandoned by Lessee and may be used or disposed of by the Government in any manner whatsoever without any liability to account to Lessee therefore, but such abandonment shall in no way reduce any obligation of Lessee hereunder to restore the Premises.

E. SUBJECTION TO EXISTING AND

FUTURE EASEMENTS AND RIGHTS

OF-WA Y

This lease is subject to all outstanding easements and rights of way for location of any type of facility over, across, in and upon the Premises, or any portion thereof, and to the right of the Government to grant such additional easements and rights of way over, across, in and upon the Premises as it shall determine to be in the public interest;

Provided, that any such additional easement or right-of-way shall be conditioned on the assumption by the Grantee thereof of liability to Lessee for such damages as Lessee shall suffer for crops or property destroyed or property rendered unusable on account of Grantee's exercise of its rights worked in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, whichever is the greater number of overtime hours. The "basic rate of pay," as used in this clause, shall be the amount paid per hour, exclusive of the Lessee's contribution or cost for fringe benefits and any cash payment made in lieu of providing fringe benefits, or the basic hourly rate contained in the wage determination, whichever is greater.

(b) In the event of any violation of the provisions of paragraph (a), the Lessee shall be liable to any affected employee for any amounts due · and to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by paragraph (a).

S. NOTICES

No notice, order, direction, determination, requirement, consent, or approval under this lease shall be of any effect unless in writing. All notices required under this lease shall be addressed to Lessee, or to the Local Government Representative, as may be appropriate, at the address thereof specified in Article 9 of this lease or at such other address as may from time to time be agreed upon by the parties hereto.

T. FAIL URE OF GOVERNMENT TO

INSIST ON COMPLIANCE

The failure of the Government to insist, in any one or more instances, upon performances of any of the terms, covenants or conditions of this lease shall not be construed as a waiver or relinquishment of the Government's right to the future performance of any such terms, covenants or conditions and Lessee's obligations in respect to such future performance shall continue in full force and effect.

U. ASSIGNMENT OR SUBLETTING

Lessee shall not transfer or assign this lease or any interest therein nor sublet or otherwise make available to any third party or parties any portion of the Premises or rights therein without prior written consent of the Government. Under any assignment made, with or without consent, the assignee shall be deemed to have assumed all the obligations of Lessee hereunder, but no assignment shall relieve the assignor of any of Lessee's obligations hereunder except for an extension of the lease term beginning after such assignment, and then only if the Government shall have consented thereto.

V. GOVERNMENT RULES AND

REGULATIONS

Lessee shall comply with such rules and regulations regarding station security, ingress, egress, safety and sanitation as may be prescribed, from time to time, by the Local Government Representative, or by the Commanding Officer of the Naval activity of which the Premises forms a part.

W. PAYMENTS

All payments to the Government required under this lease shall be made by check or postal money order made payable to the U.S. Treasury and mailed to Naval Facilities Engineering Systems Command, Southeast, Attn: Real Estate Contracting Officer, P.O. Box 30, Bldg.

903, RE31, FL 32212-0030. Each payment must include this Lease Number N69450-

25-RP-00020.

X. INTEREST

Notwithstanding any other provision of this lease, unless paid within thirty (30) days, all amounts that become payable by the Lessee to the Government under this contract (net of any applicable tax credit under the Internal Revenue Code) shall bear interest from the date due until paid and shall be subject to adjustments as provided by Part 6 of Appendix E of the Armed Services Procurement Regulation, as in effect on the date of this lease. The interest rate per annum shall be the interest rate in effect which has been established by the Secretary of the Treasury pursuant to Public Law 92-41; 85 STAT 97 for the Renegotiation Board, as of the date the amount becomes due as herein provided.

Amounts shall be due upon the earliest one of (i) the date fixed pursuant to this contract; (ii) the date of the first written demand for payment, consistent with this lease, including demand consequent upon default termination; or (iii) the date of transmittal by the Government to the Lessee of a proposed supplemental agreement to confirm completed negotiations fixing the amount.

Y. ADMINISTRATION

The local Government Representative specified in Article 9 of this lease shall, under the direction of the Real Estate Contracting Officer, Naval Facilities Engineering Command, Southeast, have complete charge of the administration of this lease, and shall exercise full supervision and general direction thereof insofar as the interest of the Department are affected.

Z. INDEMNIFICATION

The LESSEE agrees that the GOVERNMENT, its officers, agents, and employees shall be released from all liability on all suits, claims, actions, or demands in any way related to or arising under the LESSEE's use of the property.

This release includes, but is not limited to, all environmental suits, claims, and enforcement actions, whether arising during the LESSEE's construction on or use of the property, or after such use has ended.

11. SPECIAL PROVISIONS

The following specified additional provisions, which shall control in the event of any conflict with the General Provisions of Article 10, are hereby incorporated into this lease by attachment hereto.

A. REIMBURSABLE WORK

If at any time during the lease it is determined that work not identified in the Soil and Water Conservation Plan, as Non-Reimbursable work is necessary, the procedures below will be followed:

The Natural Resource Specialist will prepare a Scope of Work and Government Cost Estimate.

Scope of Work will include what work is to be done and identify how or what method should be used to complete the work. It will also include a time schedule in which the work must be completed.

The Natural Resource Specialist will forward the Scope of Work and Government Cost Estimate to the Real Estate Contracting Officer (RECO).

The RECO will forward the Scope of Work to the Lessee and request a cost proposal.

The Lessee will send a cost proposal to the RECO. This proposal may be based on Lessee having a third party perform the work. The Lessee may at this time inform the Government that he is incapable of performing the work.

If the Lessee submits a proposal and is acceptable, the RECO will either; (1) issue a letter of authorization to proceed, advising a modification to the lease will be forthcoming or (2) forward a modification to the Lessee reflecting changes. Work should not begin until a letter or authorization or a modification has been received.

If the proposal is unacceptable, the Government will negotiate with the Lessee or determine alternative means of completing the required work.

When work is completed, Lessee and Navy Representatives will perform a joint inspection. If work is acceptable and within the time frame allotted, terms of the modification will be activated; i.e., rent reduction granted.

If it is determined during a joint inspection that the work was not completed properly or done within the required time frame, the Navy may, at its option, allow the Lessee additional time, not to exceed 25% of original time allotted, to complete the work or the Navy will have the work completed and charge the Lessee.

B. ENVIRONMENTAL/INDEMNIFICATION

In accordance with 10 U.S.C. 2692, the Lessee may not allow the treatment, storage or disposal of any Toxic or Hazardous materials on the leased premises. For the purposes of this provision, the terms “storage” and “Toxic or Hazardous Materials” are defined as provided in 48 CFR 252.223-7006.

The Lessee will reimburse the Lessor for all expenditures incurred if the Lessor is required by any regulatory authority or voluntarily chooses to undertake any Remedial Action to address Contamination on the leased premises resulting from the acts or omissions of the Lessee or its contractors. The Lessor shall contact the Lessee before taking any Remedial Action and give the Lessee a reasonable opportunity to undertake such Remedial Action if the Lessor believes that the Lessee has the capability to do so. Notwithstanding the above, the Lessee may immediately take any Remedial Action required of the Lessee by law.

During the term of this Lease, if the Lessee becomes aware that a Release of Toxic or Hazardous Materials has occurred that has resulted in Contamination of the leased premises, the Lessee will provide oral notice to the Lessor within 24 hours of becoming aware of such Contamination, providing all relevant facts and circumstances. The Lessor may request from the Lessee a more detailed written description of these facts and circumstances within a time period specified by the Lessor. The Lessee will promptly take all actions, at its sole expense, as are necessary to comply with all Applicable Environmental Laws relating to such Release, including reporting the occurrence to the appropriate Federal, State, or local regulatory authority or taking required Remedial Action, related to addressing the Contamination and to minimize the impacts of such Release. The Lessee will provide all information requested by the Lessor regarding such actions.

During the term of this Lease, the Lessee will ensure that all activities conducted by the Lessee or its contractors on the leased premises are carried out in compliance with Applicable Environmental Laws. The Lessee will provide oral notice to the Lessor within 24 hours of receiving any complaint, order, directive, claim, citation, or notice by any Governmental authority or any other person or entity with respect to a violation of Applicable Environmental Laws resulting from the activities of the Lessee or its contractors on the leased premises. The Lessee will promptly take all actions, at its sole expense, as are necessary to comply with all Applicable Environmental Laws as directed by any Federal, State, or local regulatory authority.

The Lessor may request a more detailed written description of the events or circumstances leading to this event within a time specified by the Lessor. Without limitation of the foregoing, the Lessor may, but will not be obligated to, enter onto the leased premises and take any Remedial Action as it deems necessary or advisable to address any Contamination of the leased premises by Toxic or Hazardous Materials or to ensure compliance with Applicable Environmental Laws.

At any time, the Lessor or its representatives may conduct inspections on the leased premises to ensure compliance with Applicable Environmental Laws. To assist in this evaluation, the Lessee will provide to the Lessor or the Lessor’s representative, any and all books, records, or documents in their possession, or in the possession of their agents or contractors, related to the activities or operations on the leased premises, which the Lessor or its representatives may examine, copy, or make extracts from.

As the Lessor deems appropriate, the Lessor may require that the Lessee, from time to time, promptly conduct such tests and procedures for the purpose of ensuring that the leased premises are in compliance with Applicable Environmental Laws and of having the leased premises certified to the Lessor as such. Such tests and procedures shall be conducted by recognized professionals to be approved by the Lessor and in a manner that is satisfactory to the Lessor.

When requesting such tests and procedures, the Lessor will work with the Lessee to establish accepted timeframes, appropriate parties to perform the required activities, and schedules for performance. If an agreement cannot be reached regarding any of the foregoing, the Lessor or its representatives may undertake such tests and procedures, with the Lessee being obligated to reimburse the Lessor for all costs incurred.

For the purposes of this provision, the terms used above are defined as follows:

“Toxic or Hazardous Materials” means any hazardous, harmful, odorous, radioactive, toxic or dangerous waste, substance or material, including, without limitation, asbestos, polychlorinated biphenyls (“PCBs”) and petroleum products, and any hazardous or toxic substance, material or waste, or any pollutant or contaminant defined as such in, or for the purposes of, any environmental laws as are now or in the future may be in effect. The Lessee’s obligation under this provision shall extend to any and all such Toxic or Hazardous Materials whether or not such substance was defined, recognized, known, or suspected of being hazardous, toxic, dangerous, or wasteful at the time of any act or omission giving rise to the Lessee’s obligation.

“Contamination” means a level of Toxic or Hazardous Materials in the air, in or on soil, in the surface water, or in the groundwater that exceeds levels allowed by Applicable Environmental Laws.

“Applicable Environmental Laws” means any Federal, State, or local statute, law, ordinance, rule, regulation, or order (whether voluntary or not) that govern the activities or operations of the leased premises, or the persons carrying out those activities or operations, relating to the environment, natural resources, or human health and safety, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), the Hazardous Material Transportation Act (49 U.S.C. § 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), and the Occupational Safety and Health Act (29 U.S.C. § 651 et seq.), Superfund Amendments and Reauthorization Act Title III (SARA) Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements (40 CFR 355, 40 CFR 370, 40 CFR 372 and 29 CFR 1910.1200), as such laws have been amended or supplemented now or in the future.

“Release” means any release, spill, emission, leaking, pumping, injection, deposit, disposal, leaching, or migration into the environment, whether accidental or otherwise, resulting from the act or omissions of the Lessee, its contractors, or by natural conditions.

“Remedial Action” means any investigation or monitoring of the condition of the leased premises or any cleanup, remedial, removal, or restoration work required or performed on the leased premises because of the presence, suspected presence, release, or suspected release of Toxic or Hazardous Materials.

The Lessor shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the use and occupation of the leased premises by the Lessee, nor for damages to the property or injuries to the person of the Lessor’s officers, agents, servants, or employees, or others who may be on the leased premises at their invitation or the invitation of any one of them arising from or incident to governmental activities except as permitted under the Federal Torts Claim Act, 28 U.S.C. 2671 et seq.

C. APPLICABLE STATE AND CITY LAWS, CODES, AND ORDINANCES

The Lessee agrees to comply with all applicable State and City laws, codes and ordinances applicable to use of the leased premises at Lessee’s expense. Lessee further agrees to obtain all necessary permits and related items at Lessee’s expense.

D. RESTRICTIONS

The Lessee shall comply with the following restrictions on the use of the leased premises:

No substance shall be released into the air from the leased premises, which could impair visibility including, without limitation, emissions such as steam, dust, and smoke.

No lights shall be constructed, maintained, directed or allowed to shine from the said leased premises, which could interfere with or impair pilot vision. All light emissions must be shielded to prevent them from being used as geographic reference points by aircraft personnel.

No electrical emissions shall be emitted from sources situate on said leased premises which could interfere in any way with aircraft communications systems, ordnance or navigational equipment now in existence or hereinafter invented.

No garbage shall be dumped or placed and no feeding stations or other facilities attractive to birds shall be constructed or maintained on said leased premises. Trash, debris and empty pesticides containers must be removed from Navy lands and properly disposed of each day at the Lessee’s expense.

E. INSURANCE REQUIREMENTS

Prior to award of the Lease, the Lessee shall submit a certificate of insurance meeting the following requirements. Public Liability and Property Damage shall meet the following requirements at a minimum:

$50,000 Third Party Property Damage $100,000 Third Party Personal Injury Per Person $300,000 Third Party Personal Injury Per Accident

The policy/certificate of insurance shall contain an endorsement reading as follows:

a. Loss, if any under this policy shall be adjusted with (name of LESSEE) and the proceeds, at the election of the GOVERNMENT, shall be payable to (name of LESSEE); any proceeds not paid to (name of LESSEE) shall be payable to the Treasurer of the United States of America.

b. The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under this policy.

c. The GOVERNMENT shall be given thirty (30) days written notice prior to making any material change in or the cancellation of the policy. Please strike out (and initial) any clauses that state “…failure to make such notice imposes no obligation or liability of any kind upon the company, etc …"

d. The United States of America (Department of the Navy) is added as an additional insured in operations of the policyholder at or from the premises.

e. This insurance certificate is for use of premises, 25.32 acres more or less.

If, at any time, the GOVERNMENT determines that the insurance maintained by the LESSEE does not in fact adequately protect the GOVERNMENT, LESSEE may be required to carry such other insurance in such form, for such amounts and for such periods of time, and with such insurers as the GOVERNMENT may from time to time require or approve.

F. TEXAS REQUIRED SIGNAGE

Texas law, Tex. Civ. Prac. & Rem. Code §87.0005, requires the Lessee to post and maintain a sign in a clearly visible location on or near the stable, corral, or arena that states:

WARNING

UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM

ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY

TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN

EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS

OF FARM ANIMAL ACTIVITIES.

Conservation Plan Agricultural Outleasing N69450-25-RP-00020

NAS Kingsville, Texas

1. LEASE AREA.

The lease area at the Naval Air Station Kingsville, Texas, consists of approximately 25.32 acres inclusive of field borders and roads. The lease area is located approximately two miles east of Kingsville, Texas. The map of the lease area is provided as designated on Exhibit “A”.

Productivity of the leased land for any specific purpose is not warranted by the Government.

Productivity and suitability must be determined by the Lessee. Assistance in determining productive capacity can be obtained from the USDA Natural Resources Conservation Service. All lease areas shall be subject to the restrictions and guidelines provided in this Conservation Plan.

a. Access Area. Ingress and egress to and from the leased area is from FM 2080 via FM 1070.

Area is outside of NAS Kingsville security fence and therefore access through installation is not necessary.

b. Government Access. Lessee will allow Government personnel vehicular ingress and egress to leased area to conduct necessary Government business.

c. Productivity. Productivity of the leased land for any specific purpose is not warranted by the Government. Productivity and suitability must be determined by the Lessee. Assistance in determining productive capacity can be obtained from the USDA Natural Resources Conservation Service.

d. Use of Property. The property may be used to produce grain sorghum or cotton. Lessee shall notify the Navy of crop to be planted thirty (30) days prior to actual planting date. A 20 foot buffer zone between installation fenceline and row crops is required.

2. REIMBURSABLE WORK.

No reimbursable work is scheduled during the time of this Lease. However, the following procedures are provided so such work can be accomplished if the need arises:

a. Reimbursable Work Defined. "Reimbursable Work" is Long Term Maintenance work which the Navy has determined necessary for the improvement and productive use of the outleased property. "Long Term Maintenance" shall mean items of soil and water conservation work and certain other items of protection, preservation, maintenance, repair, or restoration of the lease area and improvements thereto. This will exclude work required by Section 3 of the Conservation Plan to be performed at Lessee's expense. Such reimbursable work shall be approved and directed in writing by the Government

b. Reimbursable Work Applied. The following procedures for reimbursable work apply:

• The Natural Resource Manager will prepare a Scope of Work and Government Cost

Estimate. Scope of Work will include what work is to be done and identify how or what method should be used to complete the work. It will also include a time schedule in which the work must be completed.

Conservation Plan

25.32 Acre Parcel

Contract Number: N69450-25-RP-00020

Attachment 5

The Natural Resource Manager will forward the Scope of Work and Government Cost Estimate to the Real Estate Contracting Officer.

The Real Estate Contracting Officer will forward the Scope of Work to the Lessee and request a cost proposal.

The Lessee will send a cost proposal to the Real Estate Contracting Officer. This proposal may be based on Lessee having a third party perform the work. The cost of performing the work will be deducted from Lessee’s annual rent. Alternatively, the Lessee may at this time inform the Government that he is incapable of performing the work.

If the Lessee submits an acceptable proposal, the Real Estate Contracting Officer will either; (1) issue a letter of authorization to proceed, advising a modification to the lease will be forthcoming, or (2) forward a modification to the Lessee reflecting changes.

Work should not begin until the Lessee receives a letter of authorization or a modification advising the Lessee to proceed with the work.

If the proposal is unacceptable, the Government will negotiate with the Lessee or determine alternative means of completing the required work.

When work is completed, Lessee and Natural Resources Manager will perform a joint inspection. If work is acceptable and within the time frame allotted, terms of the modification will be activated, i.e., rent reduction will be granted.

If it is determined during a joint inspection that the work was not completed properly or done within the required time frame, the Government may, at its option, allow the Lessee additional time, not to exceed 25% of original time allotted, to complete the work or the Government will have the work completed and charge the Lessee.

c. Unscheduled Maintenance/Improvement Projects (Reimbursable): The Lessee may be requested to accomplish certain agricultural outleasing improvement projects which are not a requirement of this lease, but which, if Lessee agrees to perform, shall be funded by the Government with funds authorized under the National Defense Authorization Act for that fiscal year. All work shall be approved and directed in writing in advance by the Real Estate Contracting Officer. The Government reserves the right to publicly advertise this work to obtain competitive bids.

3. NON-REIMBURSABLE WORK.

These are practices or work which the Lessee is expected to adhere to or perform at no cost to the Government because they are considered normal, wise use of the land and natural resources, or are necessary for the Navy to accomplish the military mission of the land.

a. Food Security Act Compliance. The Lessee will be required to comply with the conservation provisions of the Food Security Act of 1985. The Food Security Act is administered by USDA Farm Service Agency (FS) and USDA Natural Resources Conservation Service (NRCS). Compliance with the Food Security Act will require installation and maintenance of various conservation practices as prescribed by FSA and NRCS. Conservation Plans for compliance with the Food Security Act must be obtained by the Lessee from FSA and NRCS. In general, compliance with the Food Security Act will involve but is not limited to the following:

Conservation Cropping Sequence. Rotation of designated crops in a specified sequence.

Conservation Tillage. Farming techniques must be utilized to leave a specified percentage of crop residue on the soil surface after planting.

b. Conservation Crop System. For cropland fields not covered by the Food Security Act, the Lessee shall use the following conservation crop systems if applicable:

• Crop Production Restrictions. Grain sorghum and cotton are the crops permitted to be grown on this acreage. If cotton is planted it must be rotated with grain sorghum the next year. Grain Sorghum can be planted yearly without a cotton rotation. For any deviation in this crop rotation the Lessee must receive prior written permission from the Navy.

• Tillage. The Lessee will use farming techniques which prevent erosion of soil and deterioration of structural measures such as terraces, grassed waterways, and ditches.

Tillage techniques, which adversely affect the structural integrity of soil or the proper functioning of soil, will be prohibited.

• Contour Farming. Terraces, grass waterways, and other special farming operations will be utilized in a manner that will prevent erosion and allow safe disposal of water runoff from fields.

• Crop Residue Use. All crop residues shall be mechanically incorporated into the…