Amendment 001_N62473LO11008.pdf

N62473LO11008

Date: October 31, 2024

Amendment 001

NOTICE: An amended version of the full Lease has been posted to sam.gov.

IMPORTANT: ALL BIDS SUBMITTED MUST ACKNOWLEDGE RECEIPT OF THIS AMENDMENT BY

USING SECTION 6 OF THE BID FORM. BIDS RECEIVED THAT DO NOT ACKNOWLEDGE THIS OR

ANY ADDITIONAL AMENDMENTS MAY BE CONSIDERED NON-RESPONSIVE

Amended Lease summary:

Clause 34 SAFETY AND HEALTH REQUIREMENTS, has been amended to insert the following two sections with all other terms and conditions remaining the same.

A) As an active military installation, certain weapons are present on the STATION. Pursuant to applicable standard operating procedures for a small arms range, a Surface Danger Zone (SDZ) is established adjacent to the range. LESSEE is hereby notified that the LEASED PROPERTY is within the SDZ. Public human activity is limited within the SDZ due to safety concerns involving firing of weapons.

B) For safety purposes, the LESSEE and all his representatives and employees shall attend a range safety briefing, arranged by the STATION CONTACT, prior to accessing the LEASED PROPERTY. The briefing for the LESSEE, and all his representatives and employees, must be conducted and attended annually. The range safety briefing may also be required for contractors and agents associated with the LESSEE at the STATION's discretion. Within twenty (20) calendar days of LEASE execution, LESSEE shall contact the STATION POC (559) 998-4096 to arrange a range safety brief.

Questions and Answers

The following are the questions received through October 30, 2024. Answers have been provided to all bidders.

Question 1: Is the gun range currently active? If so, it appears the range fires into the said lease acres, how is this managed?

Answer 1: The gun range is considered to be an active firing range and is used for skeet and clay target practice. Clause 34 of the Lease has been amended to include language that addresses the safety practices surrounding the gun range.

Question 2: What other charges and amounts (besides rent) will the tenant be responsible for?

a) Westlands’ assessments, land-based charges?

b) Property taxes ($ amount)?

c) Etc.?

Answer 2: Notwithstanding any provision of the Lease, no other costs (besides rent) will be anticipated.

a) Yes, both benefit assessment and land based charges will be required to be paid by the Lessee

b) No taxes are assessed at this time. Clause 22 addresses the requirement in the event this were to change.

c) Kings County has been known to periodically request information on who the current LESSEE is and how many acres they have control over. We are not aware if the information is used to establish additional fees or taxes related to possessory use. See Clause 35. C) of the Lease.

Question 3: Given the current SGMA-state impacting Westlands, when we have enough water, we plan to farm the said lease acres. Since there is not a well available for use, can the tenant use the groundwater pumping credits elsewhere? Also, if it’s a low to critical water year, is the tenant allowed to transfer the surface water to other WWD ground accounts (i.e., paper water transfer, not physical)?

Answer 3: Per Clause 5 of the Lease Exhibit B - No irrigation water or water provided is to be directed onto lands off the STATION property without prior written approval of the GOVERNMENT. No irrigation water is to be brought onto the STATION property without prior approval by the STATION POC.

Question 4: Is there any surface water or groundwater credits available to be carried over to 2025? If so, what would be the costs and quantities?

Answer 4: There are no credits (surface water or otherwise groundwater) which are allowed to be carried over to subsequent year(s) and therefore any cost and/or quantities is not applicable.

Question 5: On the soil map it shows one turnout in the lower left (for the odd-shaped parcel), it appears there is also another turnout near the gun club. Would that turnout also be available (for the quarter-section)?

Answer 5: The use and maintenance requirements of roads is addressed in Clause 6. A. (9) of Exhibit B. Access to areas outside of the LEASED PROPERTY which are not considered to be roads is prohibited without prior approval from the STATION POC.