01_Lease_DACA84-5-16-0049.pdf

U.S. Government Lease for Real Property

(Short Form)

DATE: ___________________ LEASE NO. DACA84-5-16-0049

The LESSOR leases to the UNITED STATES OF AMERICA, under the authority of Title 10 USC §2661 to the U.S. Army Corps of Engineers, hereinafter called the GOVERNMENT, the following described premises on the terms stated herein, including the General Clauses attached hereto.

1. LOCATION OF LEASED PREMISES:

2. DESCRIPTION OF LEASED PREMISES:

3. TERM. To have and to hold for the term beginning 29 July 2016, through 28 July 2017, provided that the Government shall have the right to renew this lease from year to year or for a lesser period of time under the same terms, conditions, and consideration provided herein. The Government shall provide written notice to the Lessor of the Government’s intent to renew said lease within thirty (30) days of the expiration date of said lease; provided further that the renewal of this lease is subject to adequate appropriations being available from year to year for the payment of rentals; and provided further, that this lease shall in no event extend beyond 28 July 2018.

4. TERMINATION. The Government may terminate this lease at any time by giving at lease thirty (30) days written notice to the Lessor. Said notice shall be computed commencing with the day after the date of mailing.

5. RENTAL. The Government shall pay the Lessor annual rent of $_______________ at the rate of $_______________ per month, in arrears, and will be due on the first workday of each month. Rent for a lesser period shall be prorated. All payments shall be made payable by electronic funds transfer as required by P.L. 104-134 (10 USC 3332), made payable to ___________________, by the USACE Finance Center, 5722 Integrity Drive, Millington, Tennessee 38054-5005.

FUNDS:

6. SERVICES AND UTILITIES TO BE PROVIDED BY LESSOR AS PART OF THE

LEASE:

a. Climate control

b. Perimeter fencing/walls of the entire site

d. Secured access to the site

e. 24-hour security either through on-site patrolling security guards or security cameras. Security camera recordings must be made available to the Government at

DACA84-5-16-0049

any time upon request.

7. NOTICES: Any notice under the terms of this Lease is to be given in writing and delivered by “Certified Mail, Return Receipt Requested” or registered mail, Express Mail or comparable service, or delivered by hand and delivery, whether accepted or refused, attempted delivery, or marked undeliverable, shall be deemed notice under the terms of this Lease. Any notice given by the Lessor to the Government shall be addressed to:

Honolulu District Commander, U.S. Army Corps of Engineers District, ATTN:

CEPOH-PP-R, Building 230, Fort Shafter, Hawaii 96858, with reference to DACA84-5-16-0010. Any notice given by the Government to the Lessor or his agent shall be addressed to: _________________. For maintenance purposes, notice shall be addressed to: Name: __________________, Title: ________________, phone:

___________________, e-mail: __________________.

8. The following are attached and made a part hereof:

a. GSA Form 3517A, General Clauses (9/2015)

b. Exhibit A, Floor Plan

c. Exhibit B, GSA Form 3518A, Representations and Certifications (Short Form)

(5/2013)

d. Exhibit C, Certificate

9. It is agreed by the parties hereto that specific conditions shall govern over General Clauses in the event of a conflict.

10. CONSENT TO ELECTRONIC SIGNATURES: Pursuant to the Uniform Electronic Transactions Act and the federal E‐SIGN Act, the undersigned Signatory agrees that any and all signatures required on this Agreement required or permitted to be given hereunder may be in electronic form (“Electronic Signature”). Any Electronic Signature submitted shall constitute a representation by the Signatory that (i) his/her signature is authentic, (ii) the Signatory has the authority to execute such record, and

(iii) the Electronic Signature is binding on the Signatory.

11. This Lease is not subject to Title 10, United States Code, Section 2662.

12. COUNTERPARTS: This Lease may be executed in photocopied counterparts that, when taken together, will constitute a single agreement.

13. NON-DISCRIMINATION: Lessor affirms that it shall not discriminate upon the basis of race, creed, color, religion, sex, disability, handicap, age, or national origin in association with the lease.

14. DAMAGE BY FIRE OR OTHER CASUALTY: If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as to render the premises untenantable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within fifteen (15) days thereafter; if so terminated no rent shall accrue to the Lessor after such partial destruction or damage; and if not so terminated the rent shall be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage.

15. OFFICIALS NOT TO BENEFIT: No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this lease contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease contract if made with a corporation for its general benefit.

16. APPLICABLE CODES AND ORDINANCES: The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the leased space is situated and, at his own expense, to obtain all necessary permits and related items.

17: LESSOR’S SUCCESSORS: The terms and provisions of this lease and the conditions herein shall bind the Lessor, and the Lessor’s heirs, executors, administrators, successors, and assigns.

18. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or selling 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 or selling agencies maintained by the Lessor 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 deduct from the rental price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee.

(Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or agencies within the exception contained in this clause.)

19. GRATUITIES TO GOVERNMENT EMPLOYEES: The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such leases; provided, that the existence of facts upon which the Secretary of the Army or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court.

In the event this lease is terminated as provided in paragraph (a) hereof, the Government shall be entitled (1) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, and (2) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Army or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Lessor in providing any such gratuities to any such officer or employee.

The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease.

20. INSTRUCTIONS: Whenever the lease is executed by an attorney, agent, or other person, or corporation on behalf of the Lessor, the name of the Lessor shall appear above the signature of the person signing.

SIGNATURE PAGE FOLLOWS

IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the dates written below.

LESSOR:

BY: __________________________________ DATE: ____________________

Typed Name: ______________________ Typed Title: _______________________

UNITED STATES OF AMERICA

BY: __________________________________ DATE: ____________________

MICHAEL D. COY

Real Estate Contracting Officer U.S. Army Corps of Engineers, Alaska District