Attachment D Lease Template.docx

Lease No. __________________ Lease No. __________________

Form approved by SAF/GCN 5 Aug 21

Previous versions are obsolete

LEASE TO

DEPARTMENT OF THE AIR FORCE

FROM

(LESSOR’S NAME)

(City and State)

FOR

(INSTALLATION NAME)

Lease No. __________________

Previous versions are obsolete i

Table of Contents

Exhibit A— Site map of Premises Exhibit B— Floor plan of Premises Exhibit C— Certificate of insurance Exhibit D— Tenant Improvement List and Schedule

Lease No. __________________

Previous versions are obsolete i

THIS LEASE (this “Lease”) is made effective as of the ________ day of _______________ 20___, (the “Commencement Date”) by and between __________________, a __________________________, existing under the laws of the state of ______________ (the “Lessor”) and The United States of America, acting by its Secretary of the Air Force (the “Government”). The Lessor and the Government may sometimes be referred to jointly as the “Parties,” and each separately as a “Party.” The term “Lessor” includes its successors and assigns, if any. The Government includes its assigns, if any.

The Government is entering into the Lease under the authority contained in 10 U.S.C. § 2661(b)(1).

NOW, THEREFORE, the Lessor, for the consideration set forth below, hereby leases to the Government the Leased Premises (defined below), subject to the following conditions:

The Leased Premises includes the real property described on Exhibit A and depicted on Exhibit B together with the right of the Government and its officers, employees, invitees, licensees, agents and contractors to use the streets, common driving areas, sidewalks, and walkways around the real property for access to and from public streets and highways (the “Leased Premises”), and certain personal property, if any, identified in Exhibit A (the “Personal Property”). The Personal Property is an integral part of the Leased Premises and may be used by the Government in connection with its use of the real property included in the Leased Premises.

BASIC TERMS.

1. TERM

1.1. Term. The term of this Lease is one (1) year, beginning on _____ , 20_ (the “Commencement Date”), and ending on _____ , 20___, with ___ annual renewal options at the discretion of the Government from year to year thereafter, , upon the same terms and conditions, unless earlier terminated as specified elsewhere in this Lease. To renew this Lease for an additional one (1) year term,’ the Government must notify the Lessor in writing of the Government’s election to renew this Lease at least thirty (30) days prior written notice to the Lessor prior to the then current Expiration Date of the Lease.

2. Rent.

2.1. Rent. $_______________ per year, payable in arrears in equal _______________ installments of $_______________, commencing on the Commencement Date.

2.2. If rent commences on a day other than the first day of a calendar month, that portion of the rent which is payable for the period shall be prorated based on the number of days in that month.

3. CORRESPONDENCE

3.1. Any notices or communications that may be permitted or required related to this Lease shall be in writing and shall be deemed to have been duly given and effective as of the date and time the same are personally hand delivered, transmitted electronically by facsimile, or within three (3) business days after depositing with the United States Postal Service, postage prepaid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with FedEx or other overnight delivery service from which a receipt may be obtained, and that have been addressed as follows or to such other address as either Party hereto shall from time to time designate to the other by notice in writing as provided herein.

(insert installation Real Estate Management Office address), with a copy to:

Department of the Air Force

AFCEC/CIT

2261 Hughes Ave., Ste. 155 JBSA Lackland, TX 78236-9853 and, if to the Lessor, to:

(insert address of the Lessor)

4. ACCESS AND INSPECTION

4.1. Lessor shall have the right to access the Leased Premises for purposes of inspection at any reasonable time with reasonable prior notice to the Government.

5. DEFAULT AND TERMINATION

5.1. The failure of the Lessor or the Government to comply with any provision of this Lease, where such failure to comply continues for thirty (30) days after delivery of written notice, shall constitute a default or breach of this Lease. If, however, the time required to return to compliance exceeds the thirty (30) day period, the defaulting Party shall not be deemed to be in default if within such period the actions necessary to bring the Lease into compliance have begun and are diligently and continuously pursued to until the default has been cured.

5.2. In the event of any default and breach of this Lease, the non-defaulting Party may terminate this Lease at any time after expiration of the cure period provided for in Section 5.1 upon written notice of the termination. The termination notice shall be effective as of a date to be specified in the notice, which shall be at least seven (7) but not more than thirty (30) days after receipt of the notice.

5.3. The Government may terminate this Lease at any time by giving the Lessor at least thirty (30) days’ prior written notice.

5.4. The Government shall vacate and surrender the Leased Premises to the Lessor on or before the date of expiration of the Lease, or its earlier termination. The Government will remove all of its property from the Leased Premises and restore them to as good order and condition, reasonable wear and tear and damage beyond the control of the Government excepted, as that existing on the Commencement Date, subject to Section 7 below. In the alternative and at the Government’s discretion, the Government may convey any remaining improvements to lessor and/or compensate the Lessor for the diminution in value of the promises in lieu of removal and/or restoration.

OPERATION OF THE PREMISES.

6. CONDITION OF LEASED PREMISES

6.1. Prior to the Commencement Date, the following reports will be prepared and signed by the Parties and attached as exhibits:

6.1.1. A Physical Condition Report (PCR) signed by representatives of the Lessor and the Government is attached to this Lease as Exhibit C-1. The PCR sets forth the agreed physical appearance and condition of the Leased Premises on the Commencement Date as determined from a joint inspection by the Parties. The PCR shall be preserved by the Government for the term of this Lease and for a period of one (1) year thereafter. Any failure on the part of the Lessor to fully disclose any known latent defect on the Leased Premises shall be grounds for termination of this Lease by the Government.

6.1.2. An Environmental Baseline Survey (EBS) (similar to an environmental condition report) or EBS Waiver is attached to this Lease as Exhibit C-2. The EBS/EBS Waiver sets forth those environmental conditions and matters on and affecting the Leased Premises on the Commencement Date, as determined from the records and analyses reflected in the EBS/EBS Waiver. Any failure on the part of the Lessor to fully disclose any known environmental condition or hazard on the Leased Premises shall be grounds for termination of this Lease by the Government.

6.1.3. A separate PCR for the Leased Premises shall be prepared by the Government after the expiration or earlier termination of the Lease (Final PCR). The Final PCR shall document the physical appearance and condition of the Leased Premises on the Expiration Date as determined from the records reflected therein.

6.1.4. A separate EBS/EBS Waiver shall be prepared by the Government after the expiration or earlier termination of the Lease (Final EBS/EBS Waiver). The EBS/EBS Waiver will set forth those environmental conditions and matters on and affecting the Leased Premises on the Expiration Date from the records reflected therein.

6.1.5. The Final PCR and Final EBS/EBS waiver will be used by the Government to determine any obligations to maintain and restore the Leased Premises under this Lease.

7. CONSTRUCTION AND ALTERATIONS.

7.1. The Government may place, construct, or make substantial improvements, structures, alterations, or additions to, or installations upon, and otherwise modify or alter the Leased Premises (“Alterations”) with (or without) the prior written consent of the Lessor. Unless otherwise agreed in writing, all Alterations shall remain the property of the Government.

8. MAINTENANCE OF LEASED PREMISES.

8.1. The Government shall keep the Leased Premises in good order and repair during the term of this Lease.

9. UTILITIES AND SERVICES.

9.1. The _____________________ shall be responsible for all utilities, janitorial services, building maintenance, and grounds maintenance for the Leased Premises.

10. USE OF LEASED PREMISES.

10.1. The Leased Premises are to be used for Government purposes subject, however, to all applicable provisions of this Lease. The Government may use the Leased Premises for any use not otherwise prohibited by this Lease.

ENVIRONMENT.

11. ENVIRONMENT.

11.1. Compliance with Law. The Government shall comply, at its sole cost and expense, with the Federal, state, and local environmental compliance, conservation and protection, restoration, and planning laws, regulations, and standards that are or may become applicable to its activities on the Leased Premises, including, without limitation, obtaining any environmental authorizations and permits required for its operations under this Lease. The Government, however, shall not be responsible for any act or omission of the Lessor that contaminates the Leased Premises, and the Lessor agrees to comply with all applicable environmental laws and regulations as a result of any such act or omission, and to the extent permitted by law, the Lessor agrees to hold the Government harmless from, and indemnify and defend the Government against, any action activity or event that results in or causes contamination to be released on, the Leased Premises by the Lessor.

11.2. Reporting Notices of Noncompliance. The Government shall notify the Lessor of any notices of noncompliance, notices of violation, consent orders, or other notification the Government receives from any Federal, state, or local government agency that alleges the Government has violated or may be in risk of violating an applicable environmental law, regulation, permit, or administrative order. The Government shall make notifications under this section in a timely manner, but no later than 36 hours after receipt of a notification from a Federal, state, or local government agency.

11.3. Wetlands. The Government shall protect any wetlands found or identified on the Leased Premises from destruction, loss, or degradation, consistent with the requirements of applicable law.

12. HISTORIC PROPERTY.

12.1. The Government will comply with all laws applicable to historical property located on the Leased Premises, if any.

CHANGES IN OWNERSHIP OR CONTROL.

13. ASSIGNMENTS, SUBLEASES, AND LICENSES.

13.1. The Government may not assign this Lease or sublet the Leased Premises for any purpose not provided in this agreement without the prior written consent of the Lessor, which shall not be unreasonably withheld, delayed, or qualified.

13.1.1. Any assignment or sublease granted by the Government shall be consistent with all of the terms and conditions of this Lease and shall terminate immediately upon the expiration or any earlier termination of this Lease. Under any assignment made, with or without consent, the assignee shall be deemed to have assumed all of the obligations of the Government under this Lease.

13.1.2. The Government shall deliver to the Lessor, for its prior written consent, a copy of each agreement of sublease or assignment it proposes to execute. Consent or rejection by the Lessor shall be given within ten (10) business days of receipt of the proposed agreement.

13.1.3. Any agreement of sublease or assignment must expressly provide that: (a) the sublease or assignment, as the case may be, is subject to all of the terms and conditions of the Lease; (b) the sublease shall terminate on the expiration or earlier termination of this Lease; (c) the sublessee or assignee, as the case may be, shall assume all of the obligations of the Government; and (d) in case of any conflict between any provisions of this Lease and any provisions of the agreement of sublease or assignment, this Lease will control. A copy of this Lease must be attached to the agreement of sublease or assignment.

13.2. The Lessor shall not engage in any financing or other transactions creating any mortgage lien upon the Leased Premises; place or suffer to be placed upon the Leased Premises any other lien or other encumbrances; or suffer any levy or attachment to be made on the Government’s interest in the Leased Premises. Any mortgage, encumbrance, or lien shall be deemed to be a violation of this section and constitute a failure to comply with the terms of this Lease on the date of its execution or filing of record regardless of whether or when it is foreclosed or otherwise enforced.

14. EASEMENTS AND RIGHTS OF WAY

14.1. This Lease is subject to all existing easements, rights-of-way, and rights in the nature of an easement or right-of-way (collectively “Outgrants”) related to the Leased Premises.

14.2. The Lessor has identified all Outgrants in the attached Exhibit D.

14.3. The holders of such Outgrants shall have reasonable rights of ingress and egress over the Leased Premises in order to carry out the purpose of the Outgrants.

GENERAL PROVISIONS.

15. HEADINGS OR TITLES

15.1. The brief headings or titles preceding each section are merely for purposes of identification, convenience, and ease of reference, and will be completely disregarded in the construction of this Lease.

16. COUNTERPARTS

16.1. This Lease may be executed in counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Lease by facsimile or other electronic means shall be effective as the delivery of a manually executed counterpart of this Lease. The Parties agree that such electronically exchanged or stored copies will be enforceable as original documents.

17. ENTIRE AGREEMENT

17.1. Entire Agreement. It is expressly agreed that this written instrument, together with the provisions of other documents that are expressly incorporated by reference by the terms of this Lease, embodies the entire agreement between the Parties regarding the use of the Leased Premises by the Lessee. In the event of any inconsistency between the terms of this Lease and of any provision that has been incorporated by reference, the terms of this Lease shall govern. There are no understandings or agreements, verbal or otherwise, between the Parties except as expressly set forth in this Lease.

18. PRIOR LEASES

18.1. This Lease supersedes all prior Leases if any, to the Government for the Premises, but does not terminate any obligations of the Government under such prior Leases that may by their terms survive the termination or expiration of those prior Leases, except to the extent such obligations are inconsistent with this Lease. In the event that any prior lease or license between the Parties for the use and occupancy of the Premises has expired prior to the execution of this Lease, the Parties acknowledge that the Government has had continuous use and occupancy of the Premises pursuant to the prior agreement since the expiration of the prior agreement.

19. TIME OF THE ESSENCE

19.1. Time shall be of the essence with this Lease.

20. TAXES

20.1. The Lessor shall pay to the proper authority, when and as the same become due and payable, all taxes, assessments, and similar charges that, at any time during the term of this Lease, may be imposed upon the Lessor with respect to the Leased Premises.

21. GENERAL INDEMNIFICATION BY GOVERNMENT

21.1. The Government cannot indemnify the Lessor for any purpose.

22. INSURANCE

22.1. The Government is self-insured.

23. DISPUTES

23.1. The Parties shall at all times try to resolve disputes in an amicable manner. However, the Parties reserve all rights afforded them under law to resolve any such dispute by any lawful means.

24. AMENDMENTS

24.1. This Lease may be amended at any time by mutual agreement of the Parties in one writing and signed by a duly authorized representative of each Party.

25. REPORT TO CONGRESS

25.1. This Lease may be reportable under 10 U.S.C. § 2662 (a)(1)(B).

26. DAMAGE TO GOVERNMENT PROPERTY

26.1. The Lessor shall not be responsible for damage to government property pursuant to any grants provided under this agreement, except those of gross negligence or willful misconduct on the part of lessor, lessor’s agents, and lessor’s assigns.

27. COMPLIANCE WITH APPLICABLE LAWS

27.1. The Government will comply with all applicable laws in its use and occupancy of the Leased Premises. Nothing in this Lease shall be construed to constitute a waiver of Federal Supremacy or Federal sovereign immunity.

28. HOLDING OVER.

28.1. If the Government shall remain in possession of the Leased Premises after the expiration of the Term hereof, or any extension of the term as herein provided, then such holding over shall be construed as a tenancy at will from month to month at the monthly Rent payable hereunder and, subject to all other terms and conditions of this Lease insofar as the same may be made applicable to a month to month tenancy.

29. RESTRICTIONS ON USE OF LEASED PREMISES

29.1. RESERVED

30. EXHIBITS

30.1. Four (4) exhibits are attached to and made a part of this Lease, as follows:

Exhibit A – Site Map of the Leased Premises including parking area(s) Exhibit B – Floor Plan(s) of the Leased Premises including Common area(s) Exhibit C – Certificate of Insurance Exhibit D – Tenant improvement List and Schedule

[SIGNATURES ON FOLLOWING PAGES]

LESSOR SIGNATURE PAGE TO LEASE

IN WITNESS WHEREOF, the Parties have caused this Lease to be executed by their duly authorized representatives on the dates shown below.

LESSOR

(Name of company or individual)

Date: ______________ By:____________________________________ (Name) (Title or Position)

GOVERNMENT SIGNATURE PAGE TO LEASE

THE UNITED STATES OF AMERICA

by the Secretary of the Air Force

Date: _______________ By: ____________________________________ (Name) (Title or Position)

Lease No. __________________

Previous versions are obsolete 11

EXHIBIT A

SITE MAP OF LEASED PREMISES

Lease No. __________________

Exhibit A

Form approved by SAF/GCN 5 Aug 21 Previous versions are obsolete

EXHIBIT B

FLOOR PLAN MAP OF PREMISES

Lease No. __________________

Exhibit B

Form approved by SAF/GCN 5 Aug 21 Previous versions are obsolete

Lease No. __________________

Exhibit C

Form approved by SAF/GCN 5 Aug 21 Previous versions are obsolete

EXHIBIT C

CERTIFICATE OF INSURANCE

EXHIBIT D

TENANT IMPROVEMENT LIST AND SCHEDULE

Exhibit D

Form approved by

Previous versions are obsolete