28.5 acre Packet- Ag lease PDFSignedFLS.pdf

FOR LEASE -AGRICULTURAL

LAND

NAVY OUTLYING LANDING FIELD (NOLF) Cabaniss Corpus Christi, Texas

28.5 ACRES

The proposed lease area at the Navy Outlying Landing Field (NOLF) Cabaniss, Corpus Christi, Texas consists of 28.5 acres inclusive of ditches, field borders, field roads, and other natural or man-made features of the landscape. The lease area is to be used for grazing of cattle and/or horses.

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 08/01/20.

SEALED BIDS ARE SOLICITED.

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

OPENING.

DATE OF OPENING: 31 July 2020

TIME OF OPENING: 1:00 P.M. CDT

MAIL BIDS TO: NAVAL AIR STATION, Corpus Christi

PUBLIC WORKS DEPARTMENT, BUILDING 1416

ATTN: Jessica Satorius 8851 Ocean Drive, Bldg. 19 NAS Corpus Christi, TX 78419-5021

Inspection is invited between 8:00 A.M. and 3:00 P.M., Monday through Friday - Legal Holidays excluded. Arrangements can be made by calling Mr. Benjamin Polak, Naval Air Station Corpus Christi, Texas (PHONE:(361) 961-5511) or Ms. Jessica Satorius, Naval Air Station Corpus Christi, Texas (PHONE: (361) 961-5679)

A DEPOSIT IN AN AMOUNT OF NOT LESS THAN 10% OF THE FIRST TERM’S RENT MUST ACCOMPANY EACH BID.

Lease N69450-20-RP-00036 and other bidding information may be obtained or examined upon application to

COMMANDING OFFICER, NAVAL FACILITIES ENGINEERING COMMAND SOUTHEAST

ATTN: HEATH ADAMS

P. O. BOX 30, BLDG 903, A M 1 1,

JACKSONVILLE, FL 32212-0030

or by calling (904) 542-6821.

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.

DEPARTMENT OF THE NAVY

Naval Facilities Engineering Command Southeast

Jacksonville, FL 32212-0030

11011 Ser AM11/0068

LO-10739

17 July, 2020

NOTICE OF AVAILABILITY AND INVITATION FOR BIDS

TO LEASE GOVERNMENT LAND FOR AGRICULTURAL PURPOSES NAVY

OUTLYING LANDING FIELD (NOLF) CABANISS,

CORPUS CHRISTI, TEXAS

The Government hereby extends this Notice of Availability and Invitation for Bids on the leasing of approximately 28.5 +/- acres of land inclusive of ditches, field borders, field roads, and other natural or man-made features of the landscape for grazing cattle and/or horses at the Navy Outlying Landing Field (NOLF) Cabaniss, Corpus Christi, TX.

1. LOCATION AND DESCRIPTION

Approximately 28.5 +/- acres of land inclusive of ditches, field borders, field roads and other natural or man-made features of the landscape at NOLF Cabaniss, Corpus Christi, 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 noncompliance with any of the provisions or conditions of the Lease or allow claim for any refund or deduction from the rental. Should the bidder desire to have a survey accomplished, such cost will be at bidder’s expense.

2. BID RECEIPT AND OPENING

Sealed bids for the leasing of the property described herein must be received by 4:00 PM, CDT, 30 July 2 0 2 0 , at the Public Works Department, NAS Corpus Christi, ATTN: Jessica Satorius, Bldg.

19, 8851 Ocean Drive, Naval Air Station Corpus Christi, TX 78419- 5021. The bids will be publicly opened the following day on 31 July 2020 at 1:00 CDT at the Public Works Department. Bids shall be made on the Bid Form, Attachment 2, accompanying this Invitation for Bids and in the manner described in the attached Instructions to Bidders, Attachment 3. Bids should be made solely on the basis of the cash rent offered for the land. All bids must be plainly marked:

"SEALED BID, GRAZING LEASE, NOLF CABANISS, N69450-20-RP-00036.”

3. LEASING INFORMATION

a. Period of Lease. The term of this lease shall be for an initial term of one year and shall begin on August 01, 2020 with the right to renew for (9) additional periods of one year each. The Government reserves the right to terminate the lease in whole or in part at any time.

b. Use. The 28.5 +/- acres shall be restricted to grazing of cattle and/or horses.

c. Award of 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.

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. Questions prior to bidding regarding the Conservation Plan should be directed to Mr. Timothy Money, NAVFAC Natural Resource Manager at (904) 542-6873.

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.

Questions regarding the submission of bids and the administration of the proposed lease may be obtained from Naval Facilities Engineering Command Southeast at P.O. Box 30, Bldg. 903, AM11, Jacksonville, Florida 32212-0030, or by contacting the NAVFAC SE Project Manager, Mr. Heath Adams at (904) 542- 6821 or via email at heath.adams@navy.mil.

Ferdinand L. Salomon Real Estate Contracting Officer

DATE

Attachment 1: NOLF Cabaniss Map Attachment 2: Bid Form Attachment 3: Instructions to Bidders Attachment 4: Draft Lease Attachment 5: Conservation Plan Attachment 6: Base Access Form

16 July, 2020

N69450‐20‐RP‐00036

ATTACHMENT 1

NAVY OUTLYING LANDING FIELD (NOLF) CABANISS, CORPUS CHRISTI, TEXAS

AGRICULTURAL OUTLEASE (N69450-20-RP-00036)

ATTACHMENT 2

BID FORM

Grazing Lease on approximately 28.5 +/- acres of land inclusive of ditches, field borders, field roads, and other natural or man-made features of the landscape for grazing of cattle and/or horses at NOLF Cabaniss, Corpus Christi, Texas,

1. The undersigned, residing at in the County of , State of , telephone number , does hereby bid on the Lease of 28.5 +/- acres of land at NOLF Cabaniss, Corpus Christi, T e x a s . This bid is submitted in accordance with the conditions prescribed in the Instructions to Bidders and the terms set forth in the draft of Lease N69450-20-RP-00036.

ITEM

UNITS OF

MEASURE

ESTIMATED

UNITS

UNIT BID

PRICE

TOTAL BID

PER YEAR

Agricultural Land

Acres

28.5

Grazing (Total bid per year is equal to 28.5 times the unit price)

The acreage of the parcel is believed to be correct, but any error or omission of the size or location of the parcel shall not constitute grounds for noncompliance with any of the provisions or conditions of the Lease or allow claim for any refund or deduction from the rental. Should the Lessee desire to have a survey accomplished, such cost will be the sole responsibility of Lessee.

Unit Prices and Award.

1 . Bidders shall enter the unit price and the extended total amount for the unit price item of their bids in the spaces provided. Should there be a discrepancy between the unit price bid and the extended total, the unit price shall govern. Award, if made, will be made on the total amount bid, corrected as specified above.

2. Bid price is for the first one-year term, payable in accordance with the terms of the draft of the Lease attached hereto, and the Lease may be renewed for nine (9) additional one-year terms, provided that no such renewal shall extend the period of occupancy of the demised premises beyond ten (10) years from commencement of the lease.

3. The undersigned does hereby submit a cashier's check, certified check or money order payable to the U. S. Treasury, in an amount equal to ten percent (10%) of the total bid, as a deposit, which sum is to be applied to the first term's cash rent. In the event no award is made under this bid, the above check or money order submitted herein will be returned as expeditiously as possible.

4. The Department of the Navy reserves the right to reject any and all bids. No Lease shall be binding on the Government unless and until the bid is accepted and the Lease approved and executed on behalf of the United States of America.

5. This bid is not assignable or transferable except with the written consent of the Department of the Navy.

DATE PROSPECTIVE LESSEE

IF PROSPECTIVE LESSEE IS A CORPORATION, PLEASE COMPLETE AND EXECUTE THE

CORPORATE CERTIFICATE BELOW.

CORPORATE CERTIFICATE

I, , certify that I am the of the Corporation named as the Bidder in this Bid Form; that , who signed said Bid Form was then of said Corporation;

that said Bid Form was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its Corporate powers.

(Corporate Seal)

Signature/Date

ATTACHMENT 3

INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS

Bids must be signed (executed) and submitted in duplicate on the Bid Form furnished with the Notice of Availability and Invitation for Bids and in accordance with instruction herein contained. Bids submitted in any other manner may be summarily rejected. All bids submitted shall be deemed to have been made with full knowledge of all the terms, conditions, and requirements, herein contained.

A bid executed by an attorney or agent on behalf of the Bidder shall be accompanied by three original powers of attorney or other signed documents evidencing his authority to act on behalf of the Bidder, notarized and under corporate seal. If the Bidder is a corporation, the Certificate of Corporate Bidder must be properly executed. If the bid is signed by the Secretary of the corporation, the certificate must be signed (executed) by some other officer of the corporation under the corporate seal. All documents submitted must be originals; photocopies will not be accepted.

2. SUBMISSION OF BIDS

a. Sealed bids for the leasing of the property described herein must be received by 4:00 PM, CDT, 3 0 J u ly 2 0 2 0 at the Public Works Department, Building 1 9 , ATTN: Jessica Satorius, 8851 Ocean Drive, Bldg. 19, Naval Air Station Corpus Christi, Texas 78419-5021.

b. Persons interested in leasing this area should submit their bid in duplicate, in paper media, in sealed envelope or package properly addressed; and plainly marked: “SEALED BID, GRAZING LEASE, NOLF CABANISS, N69450-20-RP-00036.” Bids must be delivered via U.S. Postal Mail or hand-carried (including delivery by a commercial carrier).

Mail to:

NAVAL AIR STATION, CORPUS CHRISTI

PUBLIC WORKS DEPARTMENT, BUILDING 19

ATTN: JESSICA SATORIUS

8851 OCEAN DRIVE

CORPUS CHRISTI, TEXAS 78419-5021

c. Bids submitted by telegraph, facsimile, and electronic commerce (email) will not be considered.

d. A potential purchaser with hand carried bids shall allow adequate time for security clearance at the gate and adequate time to reach the bid opening location from the gate. Anyone delivering bids 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 below section on Visitor pass requests for further information.

e. Visitor pass requests onto Naval Air Station Corpus Christi for hand-carried bid drop-off shall be coordinated with Mr. Benjamin Polak, via telephone at (361) 961-5511 or via email at benjamin.polak@navy.mil.

f. The Government reserves the right, when it is in the interest of the Government, to reject any and all bids of a bidder who has previously failed to perform properly or to complete other contracts with the Government in accordance with the provisions thereof; to reject the bid of a bidder who is not, in the opinion of the Real Estate Contracting Officer, of the Naval Facilities Engineering Command Southeast, in a position to perform satisfactorily under the lease; to waive any informalities in bids received; and to negotiate with any and all bidders. If no acceptable bid is received, the Government may re-advertise or, if circumstances warrant it, negotiate with one or more of the unsuccessful bidders.

Each bid must be accompanied by a deposit in an amount of not less than ten percent (10%) of the first term’s rent by cashier’s check, certified check or money order, made payable to the U. S.

Treasury. Deposits accompanying bids of unsuccessful bidders will be returned without interest as promptly as possible after rejection. In the event of revocation of any offer after the opening of bids, but prior to acceptance, the Bidder’s deposit shall become the property of the Government. In the event of default after notice of acceptance, but prior to the execution and delivery of the formal lease, the deposit shall become the property of the Government.

g. Bidders are responsible for submitting bids and any modifications or withdrawals so as to reach the Government office designated in the Invitation for Bids by the time specified in the Invitation for Bids.

Any bid, modification, or withdrawal received at the Government office designated in the Invitation for Bids after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made and there is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government’s control prior to the time set for receipt of bids. Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. A bid may also be withdrawn in person by a bidder or a bidder’s authorized representative, if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

Notwithstanding the above, a late modification of an otherwise successful bid that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

3. AWARD OF LEASE

The Government will evaluate bids in response to this solicitation without discussions and will award a lease to the responsible bidder whose bid, responsive and conforming to the Invitation for Bids, represents an acceptable offer at the highest bid.

The foregoing Invitation for Bids, with all the instructions, terms, and conditions set forth and the bid, when accepted by the Government, shall constitute an agreement between the successful bidder and the Government. Such agreement shall be succeeded by a formal lease. No oral statements or representations made by, for or on behalf of either party, shall be a part of such lease. Nor shall the lease or any interest herein be transferred or assigned by the successful bidder without the consent of the Government.

Failure of the selected lessee to execute the lease and provide the balance of cash rent due within

(15) days after notice of award will result in forfeiture of the bid bond and award to the next high bidder whose bid is responsive and conforms to the Invitation for Bids.

The successful bidder shall assume all responsibility for the care and handling of the premises covered by the lease as soon as practicable and in any event not more than thirty (30) days after notice of acceptance by the Government. In the event Government-owned or Government Contractor- owned items of personal property or equipment not included in the Invitation for Bids are located upon the premises, the Lessee shall notify the Natural Resources Manager, who shall arrange for the government to remove the same from the premises. Any such removal shall be conducted in such a manner as to cause the least possible interference with the successful bidder’s use and occupancy of the premises after possession thereof is assumed as provided in these instructions.

4. BID – ACCEPTANCE PERIOD.

All bids received shall be deemed continuing offers from the date of opening of bids until accepted or rejected by the Navy Department, provided, however, that after thirty (30) days have elapsed from the date of opening, any bidder not having received notice of rejection may consider his bid rejected and, if the Navy Department decides to accept any bid after such rejection date, the consent of the bidder thereto shall be obtained.

5. PUBLIC OPENING OF BIDS.

Bids will be publicly opened at the time and place set for opening in the Invitation for Bids.

Their content will be made public for the information of bidders and others interested, who may be present either in person or by representative.

Visitor pass requests onto Naval Air Station Corpus Christi for access to the public bid opening shall be coordinated with Mr. Benjamin Polak, via telephone at (361) 961-5511 or via email at benjamin.polak@navy.mil

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

DEPARTMENT OF THE NAVY

LEASE FOR AGRICULTURAL

OR GRAZING PURPOSES

CONTRACT NUMBER

N69450-20-RP-00036

DRAFT LEASE

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 28.5 acres of land, inclusive of ditches, field borders, field roads, and other natural or man-made features of the landscape as shown in the Conservation Plan, attached hereto and made a part hereof as Attachment No. 1.

2. TERM: THE TERM OF THIS LEASE SHALL BEGIN ON 1 A u g u s t , 2 0 2 0 and ending on 31 July, 2021 UNLESS SOONER TERMINATED

IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 10H 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 THE GRAZING OF CATTLE AND/OR HORSES.

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)

7. 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)

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

BY

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

9. NAVY IDENTIFICATION DATA

NAME AND ADDRESS OF ACTIVITY

Commanding Officer, Naval Air Station Corpus Christi ATTN: Public Works Department FMD 8851 Ocean Drive, Building 19 Corpus Christi, TX 78419

LOCAL GOVERNMENT REPRESENTATIVE/TITLE AND ADDRESS

COMMANDING OFFICER

NAVAL FACILITIES ENGINEERING COMMAND SOUTHEAST

P.O. BOX 30, BUILDING

903, AM11

JACKSONVILLE, FL

32212-0030

ADDRESS OF LESSEE

10. GENERAL PROVISIONS

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 and 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 is 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 therefor, 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-WAY

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 thereunder. There are also reserved to the Government, and its assignees, all mineral rights in the Premises, together with such rights of access and use of the surface as may be necessary for the mining and saving of any mineral deposits located thereon or thereunder. There are hereby reserved to the holders of such easements and rights-of-way as are presently outstanding or which may hereafter be granted, to any workers officially engaged in the construction, installation, maintenance, operation, repair or replacement of facilities located thereon, and to any Federal, State or local official engaged in the official inspection thereof, such reasonable rights of ingress and egress over the Premises as shall be necessary for the performance of their duties with regard to such facilities.

F. RESTORATION OF PREMISES

Before the expiration of this lease or the prior termination thereof, Lessee shall, if required to do so by the Government, restore the Premises to the condition existing at the time of its entrance thereon under this lease, or to such improved condition as they may have been placed in by the Government or the Lessee during the term of this lease, reasonable wear and tear and damage by the elements or from other causes over which Lessee had no control excepted; 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 restoration.

G. LIENS

Lessee shall promptly discharge or cause to be discharged any valid lien, right in rem, claim or demand of any kind, except one in favor of the Government, which at any time may arise or exist with respect to the Premises or materials or equipment furnished therefor, or any part thereof, and if the same shall not be promptly discharged by Lessee, the Government may discharge, or cause to be discharged, the same at the expense of the Lessee.

H. TERMINATION BY GOVERNMENT

The Government shall have the right to terminate this lease, in whole or in part, at any time, without prior notice, and regardless of any lack of breach by Lessee of any of the terms and conditions of this lease. In the event of termination for any reason not involving a breach by Lessee of the terms and conditions of the lease the Government shall make an equitable adjustment of any advance rentals paid by Lessee hereunder and, if the Government’s use of the Premises does not require immediate possession thereof, Lessee shall be permitted, within such time as the Local Government Representative shall prescribe, to harvest, gather and remove from the Premises such crops as can be so harvested and removed, but if the Government’s requirements necessitate immediate repossession of the Premises, so as to require immediate removal of Lessee’s livestock, and/or, to preclude Lessee from such harvesting and removal of any growing or matured crops, Lessee hereby specifically releases, remises, and forever discharges the Government from any and all liability or claims for loss or damage of any nature arising out of such termination and repossession, including, but not limited to, destruction of diminution in value of, or inability to harvest any growing crops, and/or death or diminution of value of any livestock of Lessee.

In the event that the Government shall elect to terminate this lease on account of the breach by the Lessee of any of the terms and conditions hereof no adjustment in advance rentals paid by Lessee shall be made, and the Government shall be entitled to recover and Lessee shall pay to the Government:

(1) The costs incurred in resuming possession of the Premises.

(2) The costs incurred in performing any obligation on the part of Lessee to be performed hereunder.

(3) An amount equal to the aggregate of all rents and charges assumed hereunder and not theretofore paid, less the net rentals, if any, collected by the Government on the reletting of the Premises, which amounts shall be due and payable at the time when the rent reserved under this lease would become due and payable.

The Government may, at its option, attach any livestock or crops of Lessee on the Premises in full or partial satisfaction of Lessee’s obligations under this Article.

I. SURRENDER

Upon the expiration of this lease or its prior termination, in whole or in part, Lessee shall quietly, and peacefully remove itself and its property from the Premises, or part thereof as to which this lease shall be terminated, and surrender the possession thereof to the Government. Upon failure or neglect of Lessee to so remove, the Government and its officers or agents may enter the Premises and cause the removal of all persons and property therefrom without recourse to any action or proceeding at law or in equity. Lessee hereby expressly waives any provision of law requiring notice to quit possession of the Premises. Such removal shall be at the sole cost and expense of Lessee and Lessee shall indemnify and save and hold harmless the Government, its officer, agents and employees for and from any and all liability or claims for damages of any nature whatsoever which may arise out of or be attributable to such removal.

J. DAMAGE TO GOVERNMENT

PROPERTY

In the event of the destruction of or damage to any Government property located on or adjacent to the Premises by Lessee, or any of its officers, agents, servants, employees, subtenants, licensee or invitees, Lessee shall promptly repair or replace such property to the satisfaction of the Government, or pay to the Government an amount of money sufficient to compensate it for the loss or damage sustained, as the Government shall elect.

K. NON-LIABILITY OF GOVERNMENT

Lessee covenants that it will indemnify and save and hold harmless the Government, its officers, agents and employees for and from any and all liability or claims for loss of or damage to any property owned by or in the custody of Lessee, its officers, agents, servants, employees, subtenants, licensees or invitees, or for the death of or injury to any of the same which may arise out of or be attributable to the condition, state of repair or Lessee’s use and occupancy of the Premises, or the furnishings of any utilities or services (including supply of water from wells or other sources), or any interruption therein or failure thereof, whether or not the same shall be occasioned by the negligence or lack of diligence of Lessee, its officers, agents, servants or employees.

L. UTILITIES AND SERVICES

In the event that the Government shall furnish Lessee with any utilities and services maintained by the Government which Lessee may require in connection with its use of the Premises, Lessee shall pay the Government the charges therefor in addition to the cash rent required under this lease. Such charges and the method of payment thereof shall be determined by the Local Government Representative in accordance with applicable laws and regulations, on such basis as the Local Government Representative may establish, which may include a requirement for the installation of adequate connecting and metering equipment at the sole cost and expense of Lessee. It is expressly agreed and understood that the Government in no way warrants the continued maintenance or adequacy of any utilities or services furnished by it to Lessee.

M. ACCESS

The Government shall have access to the

Premises at all reasonable times for any purposes not inconsistent with the quiet use and enjoyment thereof by Lessee, including, but not limited to, the purpose of inspection.

N. COVENANT AGAINST

CONTINGENT FEES

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

O. STATE AND LOCAL TAXES

In the event that as a result of any future Act of Congress, subjecting Government-owned property to taxation, any taxes, assessments or similar charges are imposed by State or local authorities upon the Premises (other than upon Lessee’s possessory interest therein), Lessee shall pay the same when due and payable and this lease shall be renegotiated so as to accomplish an equitable reduction in the rental provided for herein, which reduction shall in no event exceed the amount of such taxes, assessments, or similar charges;

Provided, in event the parties hereto are unable to agree within ninety (90) days from the date of the imposition of such taxes, assessments, or similar charges, upon a rental which in the opinion of the Local Government Representative constitutes a reasonable return to the Government on the Premises, then in such event the Local Government Representative shall have the right to determine the amount of the rental, which determination shall be binding on Lessee, subject to appeal as a dispute in accordance with the provisions of paragraph P of this Article 10.

P. DISPUTES

1.1 This lease is subject to the Contract

Disputes Act of 1978, as amended (41 U.S.C. 601-613) (the Act).

1.2 Except as provided in the Act, all

disputes arising under or relating to this lease shall be resolved under this clause.

1.3 “Claim,” as used in this clause, means a written demand or written assertion by the Lessee or the Government seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to this lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the claimant.

However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph 1.4(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

1.4(1) A claim by the Lessee shall be made in writing and submitted to the Real Estate Contracting Officer, Naval Facilities Engineering Command, Southeast, for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the Real Estate Contracting Officer, Naval Facilities Engineering Command, Southeast.

1.4(2)(a) The Lessee shall provide the certification specified in subparagraph 1.4(2)(c) of this clause when submitting any claim ---

(A) Exceeding $100,000; or

(B) Regardless of the amount claimed, when using--

(1) Arbitration conducted pursuant to 5 U.S.C. 575-580; or

(2) Any other alternative means of dispute resolution (ADR) technique that the agency elects to handle in accordance with the Administrative Dispute Resolution Act (ADRA).

1.4(2)(b) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

1.4(2)(c) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Lessee believes the Government liable; and that I am duly authorized to certify the claim on behalf of the Lessee.”

1.4(3) The certification may be executed by any person duly authorized to bind the Lessee with respect to the claim.

1.5 For Lessee claim of $100,000 or

less, the Real Estate Contracting Officer, Naval Facilities Engineering Command, Southeast, must, if requested in writing by the Lessee, render a decision within sixty

(60) days of the request. For Lessee-certified claims over $100,000, the Real Estate Contracting Officer, Naval Facilities Engineering Command, Southeast, must, within sixty (60) days, decide the claim or notify the Lessee of the date by which the decision will be made.

1.6 The Real Estate Contracting

Officer, Naval Facilities Engineering Command, Southeast, decision shall be final unless the Lessee appeals or files a suit as provided in the Act.

1.7 At the time a claim by the

Lessee is submitted to the Real Estate Contracting Officer, Naval Facilities Engineering Command, Southeast, or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use ADR. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of amount, shall be accompanied by the certification described in paragraph 1.4(2)(c) of this clause, and executed in accordance with paragraph 1.4(3) of this clause.

1.8 The Government shall pay interest on

the amount found due and unpaid by the Government from (1) the date the Real Estate Contracting Officer, Naval Facilities Engineering Command, Southeast, receives the claim (properly certified if required), or

(2) the date of payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Real Estate Contracting Officer, Naval Facilities Engineering Command, Southeast, initially receives the claim.

Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury, as provided in the Act, which is applicable to the period during which the Real Estate Contracting Officer, Naval Facilities Engineering Command, Southeast, receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

1.9 The Lessee shall proceed diligently with

the performance of the lease, pending, final resolution of any request for relief, claim, appeal, or action arising under the lease, and comply with any decision of the Real Estate Contracting Officer, Naval Facilities Engineering Command, Southeast.

Q. OFFICIALS NOT TO BENEFIT

No Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share of part of this lease, or to any benefit to arise therefrom but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit.

R. LABOR PROVISION

(1) Equal Opportunity

During the term of this lease the Lessee agrees as follows:

(a) The Lessee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Lessee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin.

Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship. The Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause.

(b) The Lessee will, in all solicitations or advertisements for employees placed by or on behalf of the lessee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

(c) The Lessee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Government, advising the labor union or worker’s representative of the Lessee’s commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(d) The Lessee will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(e) The Lessee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records, and accounts by the Government and the Secretary of Labor for purposes of investigating to ascertain compliance with such rules, regulations and orders.

(f) In the event of the Lessee’s noncompliance with the Equal Opportunity clause of this lease or with any of said rules, regulations, or orders, this lease may be canceled, terminated or suspended in whole or in part and the Lessee may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(g) The Lessee will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, so that such provisions will be binding upon each sublessee or vendor. The Lessee will take such action with respect to any sublessee or purchase order as the Government may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Lessee becomes involved in, or is threatened with, litigation with sublessee or vendor as a result of such direction by the Government, the Lessee may request the United States to enter into such litigation to protect the interests of the United States.

(2) Convict Labor In connection with the performance of work required by this lease, Lessee agrees not to employ any person undergoing a sentence of imprisonment at hard labor.

(3) Contract Work Hours Standards Act (40 U.S. Code 327-330)

This lease, to the extent that it is a contract of a character specified in the Contract Work Hours Standards Act (40 U.S.C. 327-330) and is not covered by the Walsh-Healy Public Contracts Act (41 U.S.C. 35-45), is subject to the following provisions and exceptions of said Contract Work Hours Standards Act and to all other provisions and exceptions of said law:

(a) The Lessee shall not require or permit any laborer or mechanic in any workweek in which he is employed on any work under this contract to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek on work subject to the provisions of the Contract Work Hours Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours 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. FAILURE 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 utilizing the Pay.gov website or by check or postal money order made payable to the U.S. Treasury and mailed to

Naval Facilities Engineering Command, Southeast, P.O. Box 30, Bldg. 903, AM11, FL 32212-0030. Each payment must include this Lease Number N69450-

20- RP-00036.

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…