Draft Greenhouse Lease DACA845260002100.pdf

LEASE NO. DACA84-5-26-0021

REPLACES DACA84-5-20-0041

U.S. GOVERNMENT

LEASE FOR REAL PROPERTY

EFFECTIVE DATE OF LEASE: 1 October 2026 LEASE NO. DACA84-5-26-0021

PRIOR LEASE NO. DACA84-5-20-0041 TOTAL ACRES

TAX ID # (TIN OR Last SSN):______________ DUNS# (per SAM): ______________

THIS LEASE is made and entered into between ("Lessor"), whose principal place of business is XXXX, and whose interest in the Property described herein is that of Fee Owner, and The United States of America, hereinafter called the Government, under the authority of Title 10 United States Code 2661, whose mailing address is U.S. Army Corps of Engineers (USACE), Chief of Real Estate, Honolulu District, ATTN: Real Estate Branch Division, Bldg. 230, Fort Shafter, Hawaii 96858-5440, upon the terms and conditions set forth herein the ("Conditions").

WITNESSETH: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows:

1. PREMISES: Lessor hereby leases to the Government the following described premises (the "Premises"): Exclusive use of XXXX rentable square footage (RSF)), to be used for government purposes for the operation and maintenance of a rare plant greenhouse/nursery material and supply staging area, and work space, all as shown and set forth in Exhibit “B.”

All of the Land depicted in Exhibit B, which consists, collectively, of the following areas (each, a “Leased Area”):

1. 24-hour unrestricted access to Leased space; road access to site

2. Availability of helicopter landing zone; road access to site

3. Altitude at least 2,000 feet above sea level, have at least 3,000 square feet of greenhouse space, have at least 2,000 square feet of warehouse space, have at least 2,000 square feet of outdoor growing space, road access to site.

4. Reliable adequate water source or water catchment facility. Electrical power at site.

2. LEASE TERM, COMMENCEMENR OF RENTAL DATE: To Have and to Hold the said Premises with its appurtenances for the initial term beginning on 1 October 2026 and continuing through 30 September 2031, subject to termination and extension rights as hereinafter set forth. The Government’s obligation and legal liability for performance of this Lease beyond 30 September 2031 is constitute, an obligation of future appropriations by the United States or considered, as implying that the congress will appropriate additional funds. Said Lease may be extended for one (1) year periods commencing on 1 October of each year for four (4) consecutive extension years in accordance with Condition No. 5, unless and until earlier terminated by the government or the Lessor on notice of termination in accordance with condition No. 4, provided that the term of this lease shall in no event extend beyond 30 September 2031.

3. RENTAL:

The Government shall pay the Lessor rent from the Effective Date at the following initial gross rental rate:

XXXX annually in arrears. All payments by the Government under the terms of this Lease shall be made payable to (Name)(Address). “Rent” shall be fixed at a rate specified below throughout the life of this Lease (including extension years). It is also understood and agreed that the Lessor shall provide utilities at no cost to the government.

a. The Annual Lease “Rent” payment is calculated as follows:

Annual Lease Rent Annual Base Rent $0.00 Clivus Toilets $0.00 Total rent $0.00

4. TERMINATION: The Government may terminate this Lease in whole or in part at any time on or after 30 September 2027 by giving at least 90 (ninety) days’ notice in writing to the Lessor, and no rent shall accrue after the effective date of termination except as otherwise provided by law. Said ninety (90) day period shall be computed commencing with the day after the date of the mailing notice.

5. EXTENSIONS: This Lease may be extended from year to year as provided in Condition No. 2 above, provided that notice of such extension is given in writing to the Lessor at least ninety (90) days before the end of the original Lease term or any extension term, in the event of which all terms and conditions of this Lease shall remain the same during the extension term except as otherwise specifically provided in this Lease. Said notice period shall be computed commencing with the day after the date of mailing.

6. THE LESSOR SHALL FURNISH TO THE GOVERNMENT: As part of the rental consideration, the lessor shall provide the following:

(a) Provide Water, replace light bulbs and/or fluorescent tubes, starters, and ballasts as required.

(b) Provide two sets of gate keys for all gates to access to the premises which shall be returned to the

Lessor at the end of the Lease.

(c) Provide two sets of keys to building A and Building B which shall be returned ti the Lessor at the end of the Lease.

(d) Provide Clivus toilets service.

7. EQUIPMENT: All tools, equipment, and other property taken onto or placed upon the said premises by the Government shall remain the property of the Government and shall be removed by the Government no later than 120 days after the expiration or termination of this Lease.

8. 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: Real Estate Contracting Officer, U.S. Army Corps of Engineers, Honolulu District, ATTN:

Real Estate Branch, 230 Otake Street, Fort Shafter, Hawaii 96858-5440, with reference to the Lease number DACA84-5-20-0041. Any notice given by the Government to the Lessor shall be addressed to: State of Hawaii, Division of Forestry and Wildlife, 2135 Makiki Heights Drive, Honolulu, Hawaii 96822

9. RECORD OF ENVIROMENTAL CONSIDERATION: A Record of Environmental Consideration (REC) documenting the known history of the premises with regard to the storage, release or disposal of hazardous substances thereon is attached hereto and made a part hereof as Exhibit "B" - reviewed and approved by the Directorate of Public Works, United States Army Garrison Hawaii and confirmed that the REC is valid. Upon expiration, revocation or termination of this Lease, another REC shall be prepared which will document the environmental condition of the premises at that time. A comparison of the two assessments will assist the District Engineer in determining any environmental restoration requirements to restore the land to its condition existing at the date of this Lease, which Government shall promptly implement and complete.

10. IMPROVEMENTS:The Government shall not at any time during the term construct, place, maintain and install on the premises any building, structure or improvement of any kind and description except with the prior written approval of the Chairperson, Board of Land and Natural Resources (BLNR) and upon those conditions the BLNR may impose, unless otherwise provided in this Lease.

11. WAIVER OF RESTORATION: The Lessor hereby waives restoration of the premises to their condition as of the Lease start date.

12. 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 or to any benefit that may arise there from, but this provision shall not be construed to extend to this Lease if made with a corporation for its general benefit.

13. GRATUITIES:

(a) 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/her 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 performance of such Lease; provided, that the existence of facts upon which the Secretary of the Army, or his/her duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court.

(b) In the event this Lease is terminated as provided in paragraph (a) hereof, the Government shall by entitled (i) 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 (ii) 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/her 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.

(c) 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.

14. ATTACHMENTS: The following are attached and made part hereof:

EXHIBIT A- Map showing Leased Premises EXHIBIT B – Record of Environmental Consideration

15. CONSENT TO ELECTRONIC SIGNATURES: Pursuant to Uniform Electronic Transactions Act and the federal E-SIGN Act, the undersigned Signatory agrees that any and all signatures required on this Lease 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. Any party delivering an Electronic Signature of this Lease shall also deliver an original executed version of this Lease; provided, however, the failure of a party to deliver an original will not affect the ability of the other party to rely on an electronically executed and/or delivered version of this Lease.

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

It is agreed by the parties hereto that the specific conditions above shall govern.

IN WITNESS WHEREOF, the parties hereto have executed this Lease, Contract No. DACA84-5-26- 0021, to be effective on the date first above written.

[Signature Page to Follow]

IN WITNESS WHEREOF, the parties hereto have executed this lease, Lease No. DACA84-5-26- 0021.

LESSOR

SIGNATURE NAME/TITLE OF SIGNER

UNITED STATES OF AMERICA,

U.S. Army Corps of Engineers

SIGNATURE NAME OF SIGNER