MIMA_EQSH_RFB_Attachment A_Sample Lease_final.pdf

LEASE

between

UNITED STATES OF AMERICA

UNITED STATES DEPARTMENT OF THE INTERIOR

NATIONAL PARK SERVICE

and

[INSERT NAME OF LESSEE HERE]

for the Premises known as

EAST QUARTER SCHOOL HOUSE

NPS Lease# L-MIMA-[Lease Number]-2026 ii

Table of Contents Section 1. DEFINITIONS

1.1. Additional Rent

1.2. Alterations

1.3. Applicable Laws

1.4. Annual Rent

1.5. Assignment

1.6. Commencement Date

1.7. Encumbrance

1.8. Expiration Date

1.9. Fixtures

1.10. Force Majeure

1.11. Hazardous Materials

1.12. Hazardous Materials Occurrence

1.13. Historic Property

1.14. Interest Rate

1.15. Inventory and Condition Report

1.16. Lease Term

1.17. Lease Year

1.18. Notice of Default

1.19. NPS 28

1.20. Park Area

1.21. Part 18

1.22. Personal Property

1.23. Pre-existing Hazardous Materials

1.24. Premises

1.25. Preservation Maintenance Plan

1.26. Rent

1.27. Secretary’s Treatment Standards

1.28. Sublease

1.29. Termination Date

Section 2. LEASE OF PREMISES

2.1. Lease of Premises; Reservation of Rights

2.2. Waiver of Claims

2.3. Easements

2.4. Ownership of the Premises

iii

2.5. Historic Property

Section 3. ACCEPTANCE OF THE PREMISES

3.1. “As Is” Condition of the Premises

3.2. Lessee’s Due Diligence

3.3. Inventory and Condition Report

Section 4. LEASE TERM AND ABANDONMENT

4.1. Lease Term

4.2. Abandonment

4.3 Lessee/ Lessor Termination Notice

Section 5. RENT ........................................................... Error! Bookmark not defined.

5.1. Net Lease and Rent Payments

5.2. Annual Rent

5.3. Excusal of Rent

Section 6. USES OF PREMISES

6.1. Authorized Uses

6.2. Changes to Authorized Uses

6.3. Compliance with Applicable Laws

6.4. Prohibited Uses

6.5. Site Disturbance

6.6. Protection of Cultural and Archeological Resources

6.7. Signs

6.8. Permits and Approvals

6.9. Alterations

Section 7. RECORDS AND AUDITS

Section 8. MAINTENANCE AND REPAIR

8.1. Lessor and Lessee’s Responsibilities

8.2. Maintenance Plan

8.3. Preservation Maintenance Plan

Section 9. UTILITIES

Section 10. HAZARDOUS MATERIALS

Section 11. INSURANCE AND INDEMNIFICATION

11.1. Insurance During the Lease Term

11.2. Insurance Requirements Modification

11.3. Disposition of Insurance Proceeds

11.4. Inadequate Insurance Coverage

iv

11.5. Indemnification of Lessor

Section 12. DAMAGE OR DESTRUCTION

12.1. Damage or Destruction; Duty to Restore

12.2. No Termination; No Effect on Rental Obligation

Section 13. LIENS

13.1. No Power in Lessee to Create

13.2. Discharge of Liens by Lessee

13.3. No Consent or Request by Lessor

Section 14. ASSIGNMENTS AND ENCUMBRANCES

14.1. Assignments

14.2. Encumbrances

Section 15. DEFAULTS AND LESSOR’S REMEDIES

15.1. Termination for Default

15.2. Bankruptcy

15.3. No Waiver

15.4. Lessor’s Right to Cure Defaults

Section 16. SURRENDER AND HOLDING OVER

16.1. Surrender of the Premises

16.2. Holding Over

Section 17. NONDISCRIMINATION AND EMPLOYMENT LAWS

Section 18. NOTICES

Section 19. GENERAL PROVISIONS

Section 20. INTELLECTUAL PROPERTY Not applicable

EXHIBIT A: Inventory and Condition Report

EXHIBIT B: Insurance Requirements

EXHIBIT C: Land Assignment

EXHIBIT D: Preservation Maintenance Plan

EXHIBIT E: Lead-Based Paint Disclosure of Information

THIS LEASE (Lease) is entered into by and between the United States of America (Lessor), acting through the National Park Service (NPS), an agency of the United States Department of the Interior, and (Lessee).

WITNESSETH THAT:

WHEREAS, the NPS administers Minute Man National Historical Park (Park Area) as a unit of the National Park System in accordance with the NPS Organic Act, Act of Aug. 25, 1916, Ch. 408, 39 Stat.

535, codified as amended in scattered sections of 54 U.S.C.; other laws applicable generally to units of the National Park System; and any laws applicable specifically to Minute Man National Historical Park;

WHEREAS, the Park Area contains property that has been determined suitable for leasing under Part 18 of Title 36 of the Code of Federal Regulations;

WHEREAS, the Lessor has determined that the use and occupancy of the property that is made available under this Lease is consistent with the Park Area’s General Management Plan and the requirements of Part 18 of Title 36 of the Code of Federal Regulations; and

WHEREAS, Congress designated Minute Man National Historical Park (Park Area) as a unit of the National Park System; and

WHEREAS, the Park Area contains property (the Premises) that has been determined suitable for leasing under 36 C.F.R. Part 18 (Part 18); and

WHEREAS, the Lessor has determined that the use and occupancy of the Premises that is made available under this Lease is consistent with the Park Area’s General Management Plan and the requirements of Part 18; and

WHEREAS, the Lessee desires to lease the Premises on the terms and conditions set forth in this Lease.

NOW THEREFORE, in consideration of their mutual promises, the Lessor and the Lessee hereby agree as follows:

Section 1. DEFINITIONS

In this Lease, the following terms (whether appearing in the singular or plural form) have the following definitions:

1.1. Additional Rent means all forms of Rent required by this Lease other than the Rent required by Section 5.

1.2. Alterations means any construction, modifications, rehabilitation, reconstruction, or restoration of the Premises or installation of Fixtures thereto.

1.3. Applicable Laws means all present and future law or legal authority, including statutes, ordinances, regulations, and administrative or judicial orders or determinations, enacted, promulgated, or issued by federal, state, or local governmental entities or agencies having lawful jurisdiction over the Premises or the Lessee, that apply to and govern the Premises or the Lessee’s activities on the Premises.

1.4. Annual Rent means the annual fixed rent to be paid to the Lessor by the Lessee under Section 5 of this Lease.

1.5. Assignment means the transfer, whether it is direct or indirect, voluntary or by operation of law, of the Lessee’s leasehold estate or the Lessee’s rights under this Lease in whole or part. Such transfer may be designated as a sale, conveyance, or assignment. The sale, conveyance, or assignment (including by consolidation, merger, or reorganization) of a controlling interest in the Lessee (if such entity is a corporation), or any sale or other transfer of a controlling interest in the partnership interests (if such entity is a partnership), whether in a single transfer or in a series of related transfers, and whether directly or by sales or transfers of underlying partnership or corporate ownership interests, is an Assignment. For a corporate entity, the term “controlling interest” means an interest, beneficial or otherwise, of sufficient outstanding voting securities or capital of the Lessee so as to permit exercise of managerial authority over the actions and operations of the Lessee. For a partnership, limited partnership, joint venture, limited liability company, or individual entrepreneur, “controlling interest” means the beneficial ownership of the capital assets of the Lessee so as to permit exercise of managerial authority over the actions and operations of the Lessee.

1.6. Commencement Date means the first day of the Lease term as stated in Section 4 of this Lease.

1.7. Encumbrance means the direct or indirect, voluntary or by operation of law, encumbrance, pledge, mortgage, or other hypothecation of the Lessee’s leasehold estate, some or all of the Lessee’s interests or rights under this Lease, or the Premises themselves.

1.8. Expiration Date means the last day of the Lease Term as stated in Section 4 of this Lease.

1.9. Fixtures means items of personal property of independent form and utility necessary for the basic functioning of the Premises that are affixed to and considered to be an irremovable part of the Premises such that title is with the Lessor as real property once installed. Fixtures do not include removable trade fixtures.

1.10. Force Majeure means an act, event, or condition that can be neither anticipated nor controlled and that objectively prevents the Lessee from performing one or more of its obligations under this Lease. The term “Force Majeure” does not include any act, event, or condition that the Lessee reasonably may anticipate or control; it does not include market conditions, economic conditions, or the Lessee’s financial inability to perform its obligations under this Lease; and it does not include changes in Applicable Laws, except that the Lessor may determine that it includes an order issued by a governmental entity with jurisdiction over the Premises that prevents the Lessee’s use or occupancy of the Premises for the authorized purposes set forth in Section 6.1 of this Lease.

1.11. Hazardous Materials means any material or other substance: (a) that requires investigation, correction, or abatement under Applicable Laws; (b) that is or becomes defined as a hazardous waste, hazardous substance, pollutant, or contaminant, under Applicable Laws; (c) that is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, and is or becomes regulated under Applicable Laws; (d) that contains gasoline, diesel fuel or other petroleum hydrocarbons; (e) that contains polychlorinated biphenyls (PCBs), asbestos or urea formaldehyde foam insulation; or (f) that contains radon gas. The term Hazardous Materials as used in this Lease includes Pre-existing Hazardous Materials unless otherwise stated in a particular provision of this Lease.

1.12. Hazardous Materials Occurrence means any use, treatment, keeping, storage, sale, release, disposal, migration, transport, or discharge of any Hazardous Materials from, on, under, or into the Premises or other Park Area property that occurs during the Lease Term.

1.13. Historic Property means building(s) and land located within the boundaries of the Park Area that are part of a pre-historic or historic district or site included on, or eligible for inclusion on, the National Register of Historic Places.

1.14. Interest Rate means the percentage of interest charged based on the Current Value of Funds to the United States Treasury that is published annually in the “Federal Register” or successor publication.

1.15. Inventory and Condition Report means a video of a walkthrough Park Area staff conduct with the Lessee either prior to the Commencement Date, or no more than five (5) days after the Commencement Date. The video will be transmitted to the Lessee via an email with a read receipt. PDFs of the transmittal email and of the read receipt will be attached to this Lease as Exhibit A. This video will describes (a) the Personal Property owned by the Lessor that is made available to the Lessee for the Lessee’s use and (b) the condition of the Premises, including Personal Property owned by the Lessor, as of the Commencement Date.

1.16. Lease Term means the term of this Lease as stated in Section 4 of this Lease.

1.17. Lease Year means a year of the Lease Term. The first Lease Year will commence on the Commencement Date and will end on the expiration of the twelfth full calendar month following thereafter. Each subsequent Lease Year will commence on the next day following the expiration of the preceding Lease Year and will end on the expiration of the twelfth full calendar month following thereafter or on the last day of the Lease Term, whichever occurs first.

1.18. Notice of Default means an instrument in writing from the Lessor to the Lessee providing notice of that the Lessee is in default of the Lease.

1.19. NPS 28 means the National Park Service document entitled “Cultural Resource Management Guideline,” which is hereby made a part of this Lease by reference.

1.20. Park Area means Minute Man National Historical Park.

1.21. Part 18 means Part 18 of Title 36 of the Code of Federal Regulations.

1.22. Personal Property means all furniture, trade fixtures, equipment, appliances, supplies, inventory, and any other movable things subject to ownership placed in or on the Premises that are neither permanently attached to nor form a part of the Premises.

1.23. Pre-existing Hazardous Materials means Hazardous Materials (including storage tanks) that existed in, on, or under the Premises or other lands or waters within the Park Area prior to the Commencement Date of this Lease.

1.24. Premises means the real property of the Park Area that is described in Section 2 of this Lease, including all improvements thereon. For the purposes of this Lease, “Premises” also includes any Personal Property owned by the Lessor that is made available to the Lessee for the Lessee’s use under this Lease.

1.25. Preservation Maintenance Plan means a document that sets forth a plan for the Lessee’s repair and maintenance of Historic Property.

1.26. Rent means the rent to be paid to the Lessor by the Lessee, as described in Section 5 of this Lease, and any Additional Rent this Lease may require.

1.27. Secretary’s Treatment Standards means the Secretary of the Interior’s Treatment Standards for Historic Property, codified at 36 C.F.R. pt. 68, which are hereby incorporated into and made a part of this Lease by reference.

1.28. Sublease means an agreement under which the Lessee transfers to a person or entity (a Sublessee) the right to possession to a portion or all of the Premises.

1.29. Termination Date means the date when this Lease is terminated or cancelled in accordance with its terms prior to the Lease’s Expiration Date.

Section 2. LEASE OF PREMISES

2.1. Lease of Premises; Reservation of Rights

(a) The Lessor hereby leases to the Lessee, and the Lessee hereby leases from the Lessor, upon and subject to the covenants and agreements contained in this Lease, the Premises described as follows:

The East Quarter School House is located at 737 Lexington Road, Concord, MA 01742. It is an approximately 2,500 sq. ft. house that was built in 1780. It features four bedrooms and two-and-a-half bathrooms and is situated on an approximately 0.8-acre site. A long driveway provides access to the property which has back and side yards that extend to the tree line. As depicted in Exhibit C: Land Assignment.

(b) Subject to all Applicable Laws and all easements, rights-of-way, liens or other encumbrances, or other matters of public record affecting the Premises;

(c) Excepting and reserving to the Lessor the right, at reasonable times and, except in case of emergency, following advance notice to the Lessee, (i) to enter onto the Premises, or to authorize other governmental entities, public or private utilities, or persons to enter upon the Premises, when necessary to administer this Lease or the Park Area, or (ii) to restrict access to or close the Premises to protect public health or safety or Park Area resources; and

(d) Excepting and reserving exclusive rights to all oil, gas, hydrocarbons, and other minerals in, under, or on the Premises and ownership of any current or future water rights appurtenant to the Premises.

2.2. Waiver of Claims

The Lessee hereby waives all claims for damages for any injury or inconvenience to or interference with the Lessee’s use and occupancy of the Premises, any loss of occupancy or quiet enjoyment of the Premises, or any other loss occasioned by the Lessor’s exercise of its rights under this Lease or by the Lessor’s actions to manage or protect the Park Area’s resources and visitors.

2.3. Easements

The Lessee may not grant any type of easement or right-of-way affecting the Premises. The Lessor may grant such rights-of-way for utilities as the Lessee may require in connection with the use and occupancy of the Premises.

2.4. Ownership of the Premises

This Lease does not vest in the Lessee any fee interest in the Premises. Title to the Premises at all times is with, and will remain solely with, the Lessor.

2.5. Historic Property

The Premises (or portions of the Premises) are Historic Property.

Section 3. ACCEPTANCE OF THE PREMISES

3.1. “As Is” Condition of the Premises

The Lessee agrees to lease the Premises in their existing “as is” condition and acknowledges that in entering into this Lease, the Lessee does not rely on, and the Lessor does not make, any express or implied representations or warranties as to any matters, including any characteristics of the Premises, the suitability of the Premises for the intended use, the likelihood of deriving trade from or other characteristics of the Park Area, the economic or programmatic feasibility of the Lessee’s use and occupancy of the Premises, or Hazardous Materials on or in the vicinity of the Premises.

3.2. Lessee’s Due Diligence

Prior to entering into this Lease, the Lessee, in the exercise of due diligence, has made a thorough, independent examination of the Premises and all matters relevant to the Lessee’s decision to enter into this Lease, and the Lessee is thoroughly familiar with all aspects of the Premises and is satisfied that they are in an acceptable condition and meet the Lessee’s needs.

3.3. Inventory and Condition Report

In the exercise of its due diligence, the Lessee shall review the video Inventory and Condition Report which shall be transmitted to the Lessee via email and shall acknowledge that it is complete and accurate.

PDFs of the transmittal email and the read receipt of the transmittal email will be attached as Exhibit A of this lease upon completion without further action required by either party.

Section 4. LEASE TERM AND ABANDONMENT

4.1. Lease Term

The Lease Term will be a period of Three (3) years commencing on (Commencement Date) and expiring on (Expiration Date) or ending on such earlier date as this Lease may be terminated in accordance with its terms (Termination Date).

4.2. Abandonment

The Lessee must occupy the Premises for the majority of the Lease Term. If the Lessee vacates the Premises for thirty (30) days without notifying the Lessor, or vacates the Premises for two (2) consecutive weeks without arranging for an outside party to perform the Lessee’s routine maintenance responsibilities during the period of absence, the Lessor may determine that the Lessee is in default of this Lease for abandoning the Premises. Occupancy is not required if the Lessor determines it is infeasible because of a Force Majeure.

4.3 Lessee/ Lessor Termination Notice

This Lease may be terminated upon mutual agreement of the Parties at any time. Upon execution of a written agreement, and within ninety (90) days of the date of such agreement, the Lessee must surrender the Premises in accordance with the provisions of Section 18.1 of this Lease. If the Lessee fails to remove all of its Personal Property from the Premises by the Termination Date or a later date specified by the Lessor, the Lessor may impound or otherwise dispose of such Personal Property in accordance with 36 C.F.R. 2.22.

5.1. Net Lease and Rent Payments

(a) All Rent will be absolutely net to the Lessor without any abatement, deduction, counterclaim, set-off or offset, except as may be provided for in accordance with the terms of this Lease. The Lessee must pay all costs, expenses, charges, and impositions of every kind and nature relating to the Premises, including all taxes and assessments.

(b) The Lessee must pay all Rent payments electronically or by other means as directed by the Lessor.

Interest at the Interest Rate will automatically accrue on overdue Rent payments in accordance with Applicable Laws. The Lessor may also impose penalties for late Rent payments in accordance with Applicable Laws.

5.2. Annual Rent

During the Lease Term, the Lessee must pay to the Lessor Annual Rent for the Premises in the aggregate annual amount of Forty-Eight Thousand Dollars ($48,000.00) payable in advance in equal monthly installments of Four Thousand Dollars ($4,000.00) on the first day of each calendar month.

5.3. Excusal of Rent

In the event of a Force Majeure, the Lessor may excuse the Lessee from its obligation to pay Annual Rent for a period of time that the Lessor deems appropriate under the circumstances.

Section 6. USES OF PREMISES

6.1. Authorized Uses

The Lessee may use the Premises only for the following purposes:

Low-impact, non-transient, residential occupancy.

6.2. Changes to Authorized Uses

The Lessee may not use the Premises for a purpose other than the purposes described in Section 6.1 above without the Lessor’s prior written approval. The Lessor may, but is not obligated to, approve a requested change to authorized uses only if the Lessor has determined that the proposed use is consistent with all Applicable Laws including Part 18, and the Park Area’s General Management Plan, and that the use will not have an adverse impact on the Lessor’s ability to manage and protect the Park Area’s resources and visitors.

6.3. Compliance with Applicable Laws

The Lessee must comply with all Applicable Laws in its use and occupancy of the Premises.

6.4. Prohibited Uses

In no event may the Premises be used for any purpose that is not permissible under Part 18 or, even if so permissible, may be dangerous to life, limb, property, or public health; that in any manner causes or results in a nuisance; that is of a nature that it involves substantial hazard, such as the manufacture or use of explosives, chemicals or products that may explode; that otherwise harms the health or welfare of Park Area resources or visitors; or that results in any discharge of Hazardous Materials in, on, or under the Premises. The use of fire pits or other fire-generating equipment outside or inside the premises is prohibited.

6.5. Site Disturbance

The Lessee may not cut any timber or remove any other landscape features of the Premises such as shrubs or bushes without the Lessor’s prior written approval. The Lessee may not conduct mining or drilling operations, remove sand, gravel, or similar substances from the ground, or commit waste of any kind on the Premises.

6.6. Protection of Cultural and Archeological Resources.

The Lessee must ensure that any protected sites and archeological resources within the Park Area are not disturbed or damaged by the Lessee except in accordance with Applicable Laws and only with the prior written approval of the Lessor. Discoveries of any archeological resources by the Lessee must be promptly reported to the Lessor. The Lessee must cease work or other disturbance, which may impact any protected site or archeological resource until the Lessor may grant approval to continue upon such terms and conditions as the Lessor deems necessary to protect the site or resource.

6.7. Signs

The Lessee may not post signs on the Premises of any nature without the Lessor’s prior written approval.

Any approval of a sign that may be given by the Lessor will specify the type, size, and other appropriate conditions concerning its display. Flags physically attached to the house or flags displayed on garden apparatus are prohibited. The Lessor may post signs on the Premises as appropriate for the administration of the Park Area.

6.8. Permits and Approvals

Except as otherwise may be provided in this Lease, the Lessee is solely responsible for obtaining, at its expense, any permit or other governmental action necessary to permit its activities under this Lease.

6.9. Alterations

The Lessee may not make any Alterations of any nature to the Premises without the Lessor’s prior written approval. Any such approval that may be given will be subject to an amendment of this Lease to incorporate appropriate terms and conditions regarding the nature of the Alterations and construction requirements, including construction insurance requirements.

Section 7. RECORDS AND AUDITS

The Lessee must provide the Lessor and its agents and affiliates, including the Comptroller General of the United States, access to all books and records relating to the Premises and the Lessee’s use of the Premises under this Lease for the purpose of conducting audits to verify the Lessee’s compliance with the terms and conditions of this Lease for any of the five (5) preceding Lease Years. The Lessee must keep and make available to the Lessor these books and records at a location on the Premises or within the locale of the Park Area. The Lessee must, if requested by the Lessor, provide the Lessor with complete information and data concerning the Lessee’s operations and operating results.

Section 8. MAINTENANCE AND REPAIR

8.1. Lessor and Lessee’s Responsibilities

(a) Subject to the availability of appropriated funds the Lessor shall be responsible for the repair and maintenance of the Premises during the Lease Term. This responsibility includes:

• The performance of all repairs, maintenance, replacement, upgrading, and capital improvements (whether structural or non-structural, foreseen or unforeseen, ordinary or extraordinary) necessary to maintain the Premises and the improvements therein in good order, condition, and repair in a manner consistent with the operation of comparable facilities in the locale of the Park Area and in compliance with all Applicable Laws;

• The replacement, as it becomes worn out or obsolete, of all Personal Property;

• Scheduled inspections of all building systems on the Premises;

Note: If unforeseen repairs, maintenance, capital improvements, etc. are required by code as necessary to maintain the Premises in a safe, usable condition in good order, the Lessor will make reasonable attempts to accommodate and facilitate completion of these repairs using the current fiscal year’s uncommitted rental receipts from this Lease. In no case is Lessor obligated to commit funds in excess of this amount.

(b) Provided, however, that Lessee Maintenance Responsibilities shall include:

• Housekeeping and routine and periodic work scheduled to mitigate wear and deterioration without altering the appearance of the Premises;

• The repair or replacement in-kind of broken or worn out elements, parts or surfaces, e.g.

window repair, miscellaneous hardware replacement, etc., to be determined in consultation with the Lessor, so as to keep the existing appearance of the Premises;

• Lessee is responsible for any alterations, repairs, maintenance, etc. desired by the Lessee and that the Lessor has approved in writing and determined as not necessary to maintain the Premises and the improvements thereon in good order, condition, and repair in a manner consistent with the operation of comparable facilities in the locale of the Park Area and in compliance with all Applicable Laws.

• Maintaining the grounds of the Premises in uncluttered good condition, free of trash, equipment, and lawn ornaments. The Lessee shall not store or park materials or equipment, or unregistered vehicles. This includes broken equipment.

• Maintaining the grounds of the Premises in good condition, including without limitation, regular grass mowing, managed lawn and ornamental plantings, and snow removal from the driveway. Fire pits and/or other open fire-generating equipment is prohibited.

• Smoking and/or vaping inside the house or within fifty (50) feet of the house is prohibited.

• Fencing, whether permanent or temporary, is prohibited on the grounds of the Premises.

This includes “invisible fences” or other fencing mechanisms for household animals.

• Additional Lessee responsibilities defined in Section 8.2.

• During any period of non-use, Lessee shall be responsible for arranging for continuation of all maintenance responsibilities identified above.

Any repair and maintenance actions that may result in Alterations to the Premises require the prior written approval of the Lessor.

8.2. Maintenance Plan

If requested by the Lessor, the Lessee must submit to the Lessor for its approval a Lessee Maintenance Plan satisfactory to the Lessor. The plan, when approved by the Lessor, will become an exhibit to this Lease without further action, and the Lessee must comply with its terms. After consulting with the Lessee, the Lessor may make reasonable modifications to the plan from time to time to reflect changing maintenance and repair needs of the Premises.

8.3. Preservation Maintenance Plan

If the Premises (or any part of the Premises) are Historic Property, the Lessee must repair and maintain all portions of the Premises that are Historic Property through a Preservation Maintenance Plan prepared by the Lessee and approved by the Lessor as appropriate and consistent with the requirements of the Secretary’s Treatment Standards and NPS 28. The Lessee must submit a proposed Preservation Maintenance Plan to the Lessor within thirty (30) calendar days of the Commencement Date. The plan, when approved by the Lessor, will become an exhibit to this Lease without further action, and the Lessee must comply with its terms. After consulting with the Lessee, the Lessor may make reasonable modifications to the plan from time to time to reflect changing maintenance and repair needs of the Premises.

Section 9. UTILITIES

At its sole expense the Lessee must make all arrangements with appropriate utility providers (including the Lessor, where applicable), for all utilities furnished to the Premises, including gas, electricity, other power, water, cable, telephone and other communication services, sewage, and waste removal. Any utility service provided by the Lessor will be subject to the Lessor’s established policies and procedures, including NPS Director’s Order #35B, for the provision of utility services.

Section 10. HAZARDOUS MATERIALS

The following provisions apply to Hazardous Materials associated with the Premises:

(a) No Hazardous Materials may be used, treated, kept, stored, sold, released, discharged or disposed of from, on, about, under, or into the Premises, except in compliance with all Applicable Laws and as approved by the Lessor in writing;

(b) The Lessee must use, manage, treat, keep, store, release, discharge and dispose of its approved

Hazardous Materials in accordance with all Applicable Laws. The Lessee is responsible for timely acquisition of any permits required for its Hazardous Materials and related activities and will be fully responsible for compliance with the provisions and conditions of such permits;

(c) If any Hazardous Materials Occurrence caused by the Lessee results in any contamination of the Premises, other Park Area property or neighboring property, the Lessee must promptly take all actions at its sole expense as are required to comply with Applicable Laws and to allow the Premises or such other property to be used free of any use restriction imposed under Applicable Laws as a result of the Hazardous Materials Occurrence. Except in cases of emergency, the Lessor’s written approval of such actions must first be obtained;

(d) The Lessee at its expense is responsible for the abatement of Hazardous Materials in accordance with Applicable Laws in, on, or under the Premises as of the Commencement Date and thereafter; and

(e) If the Lessee discovers any unapproved Hazardous Materials in or on the Premises or becomes aware of a Hazardous Materials Occurrence related to the Premises, the Lessee must immediately notify the Lessor.

Section 11. INSURANCE AND INDEMNIFICATION

11.1. Insurance During the Lease Term

At all times during the Lease Term and at the Lessee’s sole expense, the Lessee must obtain and keep in force for the benefit of the Lessee and the Lessor the insurance coverages set forth in Exhibit B to this Lease under the terms and conditions set forth in Exhibit B.

11.2. Insurance Requirements Modification

No more often than once per Lease Year, the Lessor may review the insurance coverages required by Exhibit B of this Lease to determine whether those coverages are sufficient to protect the Lessor’s interests as owner of the Premises. If the Lessor determines that the insurance coverages are not sufficient, then the Lessor may adjust or change the required insurance, and the Lessee, at its sole expense, must obtain insurance that meets the new requirements.

11.3. Disposition of Insurance Proceeds

All insurance proceeds received by or payable with respect to damage or destruction of the Premises (except proceeds of insurance covering loss or damage of the Lessee’s Personal Property), less actual expenses incurred in connection with their collection, must be held by the Lessee in one or more federally insured, interest-bearing accounts, with all interest accrued thereon deemed proceeds of insurance for purposes of this Lease. However, if required by the Lessor, an insurance trustee acceptable to the Lessor may hold such proceeds for use in accordance with this Lease.

11.4. Inadequate Insurance Coverage

The Lessee is solely responsible for any inadequacy of insurance coverage or any failure of insurers.

Nothing in this Lease and no oral or written statement or communication by the Lessor acknowledging that the Lessee’s insurance satisfies the requirements in Exhibit B to this Lease constitutes the Lessor’s approval of the Lessee’s insurer or insurance coverage; or alters in any way the Lessee’s sole responsibility and liability for any inadequacy of insurance coverage or any failure of insurers.

11.5. Indemnification of Lessor

The Lessee hereby agrees to save, hold harmless, and indemnify the Lessor and its employees, agents, successors, and assigns for all losses, damages, or judgments and expenses resulting from personal injury, death, or property damage of any nature arising out of the Lessee’s activities under this Lease, or the activities of the Lessee’s employees, agents, Sublessees, or contractors; or out of the maintenance or condition of the Premises. Notwithstanding the foregoing, the Lessor may be liable for the negligent or wrongful acts or omissions of its employees to the extent authorized by the Federal Tort Claims Act (codified as amended primarily at 28 U.S.C. §§ 2671 et seq.) or as otherwise expressly authorized by Applicable Laws. The provisions of this section will survive the Expiration Date or Termination Date of this Lease.

Section 12. DAMAGE OR DESTRUCTION

12.1. Damage or Destruction; Duty to Restore

If the Premises or any portion thereof are damaged or destroyed at any time during the Lease Term, one of the following will occur as directed by the Lessor:

(a) the Lessee, subject to the Lessor’s prior written approval, must as promptly as reasonably practicable and with all due diligence repair or replace the damaged or destroyed Premises to the condition that existed prior to the damage or destruction; or

(b) the Lessor may terminate this Lease without liability and the Lessee must pay the Lessor as Additional Rent the insurance proceeds resulting from the damaged or destroyed Premises.

12.2. No Termination; No Effect on Rental Obligation

No loss or damage by fire or other cause resulting in either partial or total destruction of the Premises or any other property on the Premises will operate to terminate this Lease except as provided in Section 14.1 of this Lease. Except as otherwise may be provided for in this Lease, no such loss or damage will affect or relieve the Lessee from the Lessee’s obligation to pay the Rent required by this Lease and in no event will the Lessee be entitled to any prorated return or refund of Rent paid hereunder. Unless this Lease is terminated under Section 12.1, no such loss or damage will relieve or discharge the Lessee from the payment of taxes, assessments, or other charges as they become due and payable, or from performance of the other terms and conditions of this Lease.

Section 13. LIENS

13.1. No Power in Lessee to Create

The Lessee has no power to take any action that may create or be the foundation for any lien, mortgage or other encumbrance upon the reversion, fee interest or other estate of the Lessor or of any interest of the Lessor in the Premises, except as otherwise may be expressly approved by the Lessor in writing in accordance with the terms of this Lease.

13.2. Discharge of Liens by Lessee

The Lessee may not permit any liens to be filed or to stand against the Premises for any reason. If a lien is filed against the Premises, the Lessee must cause it to be discharged of record within sixty calendar (60) days after notice to the Lessee of filing the lien. If the Lessee fails to discharge or contest the lien within this period and the failure continues for a period of fifteen calendar (15) days after notice by the Lessor, then, in addition to any other right or remedy of the Lessor, the Lessor may, but is not required to, procure the discharge of the lien either by paying the amount claimed to be due, by deposit in court, or by bonding. All amounts paid or deposited by the Lessor for any of these purposes, and all other expenses of the Lessor and all necessary disbursements in connection with them, will become due and payable forthwith by the Lessee to the Lessor upon written demand therefore as Additional Rent.

13.3. No Consent or Request by Lessor

Nothing in this Lease constitutes the Lessor’s express or implied consent, request, or authorization for any person or entity to perform any labor or furnish any materials in connection with the Premises.

Section 14. ASSIGNMENTS AND ENCUMBRANCES

14.1. Assignments

The Lessee may not effectuate an Assignment or Sublease of this Lease, in whole or in part, or grant any right, interest, privilege, or license whatsoever in connection with this Lease, without the Lessor’s prior written approval. The Lessor may, but is not obligated to, approve or disapprove a requested Assignment or Sublease. In no event, however, will the Lessor approve an Assignment or Sublease unless the Lessor has determined that the proposed assignee or Sublessee is financially and managerially capable of carrying out the terms of this Lease.

The Lessor may assign this Lease or any or all of its rights or obligations under this Lease at any time.

14.2. Encumbrances

The Lessee may not effectuate an Encumbrance on the Premises without the Lessor’s prior written approval. The Lessor may, but is not obligated to, approve or disapprove any requested Encumbrance. In no event, however, will the Lessor approve an Encumbrance unless the Lessor has determined that the Encumbrance only grants its holder, in the event of a foreclosure, the right to assume the Lessee’s responsibilities under this Lease or to select a qualified new lessee, subject to the Lessor’s written approval, and that it does not purport to grant its holder any rights to alter or amend the Lease’s terms or conditions.

Section 15. DEFAULTS AND LESSOR’S REMEDIES

15.1. Termination for Default

The Lessor may terminate this Lease for default if the Lessee fails to perform any of its responsibilities or obligations under this Lease. Before terminating this Lease for default, the Lessor will provide the Lessee with a Notice of Default giving the Lessee fifteen (15) calendar days to cure a monetary default or thirty

(30) calendar days to cure a non-monetary default. Notwithstanding the foregoing, if the Lessor determines that the Lessee is in default of the Lease and the Lessor has provided the Lessee two (2) or more Notices of Default of any nature within the preceding twelve (12) months, then the Lessor may immediately terminate this Lease for default without providing the Lessee with further Notice of Default or the opportunity to cure the default.

If the Lessee does not cure its default within the applicable cure period, or if a cure period is not required, then the Lessor may terminate this Lease through written notice to the Lessee and require the Lessee to immediately remove its Personal Property from, and to vacate, the Premises. If the Lessee fails to remove all of its Personal Property from the Premises by the Termination Date or a later date specified by the Lessor in the notice of termination, then the Lessor may impound or otherwise dispose of that property in accordance with 36 C.F.R. § 2.22.

15.2. Bankruptcy

The Lessor may terminate this Lease in the event of a filing or execution of: (a) a petition in bankruptcy by or against the Lessee which is not dismissed within ninety (90) calendar days of its filing; (b) a petition seeking relief of the same or different kind under any provision of the Bankruptcy Act or its successor; (c) an assignment for the benefit of creditors; (d) a petition or other proceeding against the Lessee for the appointment of a trustee, receiver, or liquidator; or (e) the taking by any person of the leasehold created by this Lease or any part thereof upon execution, attachment, or other process of law.

15.3. No Waiver

Neither the Lessor’s failure to insist upon the strict performance of any of the terms and conditions of this Lease or to exercise any right or remedy upon a default nor the Lessor’s acceptance of full or partial Rent during the continuance of any default will constitute a waiver of any default or of such terms and conditions. No terms and conditions of this Lease may be waived or modified except by a written instrument executed by the Lessor. No waiver of any default will affect or alter this Lease, but each and every term and condition of this Lease will continue in full force and effect with respect to any other then existing or subsequent default.

15.4. Lessor’s Right to Cure Defaults

If a default occurs under the terms of this Lease and the Lessee fails to correct the default within the applicable cure period, the Lessor may choose to correct the default (entering upon the Premises for such purposes if necessary), and the Lessor will not be liable or in any way responsible for any loss, disturbance, inconvenience, or damage resulting to the Lessee as a result, and the Lessee must pay to the Lessor upon demand the entire expense of the correction as Additional Rent, including the cost of consultants or contractors hired by the Lessor to correct the default and related expenses. The Lessor may act upon shorter notice or no notice at all if necessary in the Lessor’s judgment to meet an emergency situation, governmental time limitation, or to protect the Lessor’s interest in the Premises.

Section 16. SURRENDER AND HOLDING OVER

16.1. Surrender of the Premises

(a) On or before the Expiration Date or Termination Date of this Lease, the Lessee must surrender and vacate the Premises; remove the Lessee’s Personal Property from the Premises; and return the Premises, including the Lessor’s Personal Property, to as good an order and condition as that existing upon the Commencement Date, ordinary wear and tear excepted.

(b) For these purposes, the Lessor and the Lessee will prepare an Inventory and Condition Report of the Premises to constitute the basis for settlement by the Lessee to the Lessor for the Lessor’s Personal Property, or elements of the Premises shown to be lost, damaged or destroyed. Any such Personal Property, or other elements of the Premises must be either replaced or returned to the condition required under this Section by the Lessee, ordinary wear and tear excepted, or, at the election of the Lessor, reimbursement made therefore by the Lessee at the then current market value thereof.

16.2. Holding Over

This Lease will end upon the Expiration Date or Termination Date and any holding over by the Lessee or the acceptance by the Lessor of any form of payment of Rent or other charges after such date will not constitute a renewal of this Lease or give the Lessee any rights under this Lease or in or to the Premises.

Section 17. NONDISCRIMINATION AND EMPLOYMENT LAWS

The Lessee and the Lessee’s contractors must comply with the requirements of all Applicable Laws relating to nondiscrimination in employment and in providing facilities and services to the public. The Lessee must comply with all provisions of Executive Order 13706 of September 30, 2016, (Establishing Paid Sick Leave for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. pt. 13, all of which are incorporated by reference into this Lease as if fully set forth in this Lease. The Lessee must comply with all provisions of Executive Order 13496 of January 30, 2009, (Notification of Employee Rights Under Federal Labor Laws) and its implementing regulations, including the applicable contract clause, codified at 29 CFR part 471, appendix A to subpart A, all of which are incorporated by reference into this Lease as if fully set forth in this Lease. The Lessee certifies that it does not operate any programs promoting diversity, equity, and inclusion that violate any applicable Federal anti-discrimination laws. The Lessee agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government's payment decisions for purposes of the False Claims Act, 31 U.S.C. § 3729(b)(4).

Section 18. NOTICES

Except as otherwise provided in this Lease, any notice, consent, or other communication required or permitted under this Lease must be in writing and must be delivered by hand, sent by courier, or sent by prepaid registered or certified mail with return receipt requested to the following addresses (or to such other or further addresses as the parties may designate by notice given in writing to the other party).

Communications sent to the Lessor by email will not be considered received until receipt has been acknowledged by the Lessor via an email reply

If to the Lessor:

Mike McCarthy Administrative Officer Minute Man NHP 174 Liberty Street Concord, MA 01742

Email: Mike_McCarthy@nps.gov

If to the Lessee:

[Lessee’s address and name of person to whom the notice should be addressed]

Section 19. GENERAL PROVISIONS

The following general provisions apply to this Lease:

(a) The Lessor is not for any purpose a partner or joint venture participant of the Lessee in the development or operation of the Premises or in any business conducted on the Premises. Under no circumstances will the Lessor be responsible or obligated for any losses or liabilities of the Lessee. The Lessee may not publicize, or otherwise circulate, promotional or other material of any nature that states or implies endorsement of the Lessee or its services or products by the Lessor or any other governmental agency.

(b) This Lease is not intended to, and does not, confer upon any person or entity, other than the parties hereto, any right or interest, including any third party beneficiary status or any right to enforce any provision of this Lease.

(c) This Lease provides no right of renewal or extension to the Lessee, nor does it provide the Lessee with the right to award of a new lease upon termination or expiration of this Lease. No rights will be acquired by virtue of this Lease entitling the Lessee to claim benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646.

(d) The Lessee 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. For breach or violation of this warranty, the Lessor will have the right to immediately terminate this Lease for default.

(e) If one or more provisions of this Lease are held to be invalid for any reason, such invalidity will not affect any other provision of this Lease, and this Lease will be construed as if the invalid provisions had not been contained in this Lease.

(f) All exhibits that may be referenced in this Lease are hereby attached to and incorporated in this Lease.

(g) Time is of the essence to this Lease and all of its terms and conditions.

(h) The laws of the United States govern the validity, construction, and effect of this Lease.

(i) This Lease constitutes the entire agreement between the Lessor and the Lessee with respect to its subject matter and supersedes all prior offers and negotiations, oral or written. This Lease may not be amended or modified except by a written instrument executed by the Lessor and the Lessee.

(j) The voluntary sale or other surrender of this Lease by the Lessee to the Lessor, or a mutual cancellation, or the termination by the Lessor pursuant to any provision of this Lease, will not work a merger, but, at the option of the Lessor, may either terminate any or all existing Subleases hereunder or operate as an Assignment to the Lessor of any or all Subleases.

(k) If more than one lessee is named in this Lease, each lessee is jointly and severally liable for performance of the obligations of this Lease.

(l) Any and all remedies available to the Lessor for the enforcement of the provisions of this Lease are cumulative and are not exclusive, and the Lessor may pursue either the rights enumerated in this Lease or remedies authorized by law, or both. The Lessee will be liable for any costs or expenses incurred by the Lessor in enforcing any term of this Lease, or in pursuing legal action for the enforcement of the Lessor’s rights, including court costs.

(m) Nothing contained in this Lease binds the Lessor to expend, in any fiscal year, any sum in excess of the appropriation made by Congress for that fiscal year or administratively allocated for the subject matter of this Lease, or to involve the Lessor in any contract or other obligation for the future expenditure of money in excess of such appropriations. This Lease is subject to cancellation by the Lessor in the exercise of its sovereign authority to the extent provided by Applicable Laws.

Section 20. INTELLECTUAL PROPERTY

Not applicable.

IN WITNESS WHEREOF, the, Regional Director, Interior Region 1, National Park Service, acting on behalf of the United States, in the exercise of the delegated authority from the Secretary of the Interior, as the Lessor; and the Lessee have executed this Lease by proper persons thereunto duly authorized as of the date heretofore written.

LESSOR:

THE UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE

Jennifer Flynn Date Regional Director (Acting) Interior Region 1, North Atlantic-Appalachian

LESSEE:

[Name] Date

EXHIBIT A: Inventory and Condition Report

The video Inventory and Condition Report is titled: MIMA_East-Quarter-School-House_Lease_[Lessee’s Name]_Exhibit-A-Inventory-and-Condition-Report_[Date the Video is Made]

PDFs of the transmittal email and read receipt will be inserted into this document on the following pages upon completion and will become an exhibit to this…