RFP 20_1376 PPA Schedule C - Land Lease Agreement.docx

Michigan Department of Natural Resources

LEASE

#PRD-__-__

BETWEEN

THE STATE OF MICHIGAN, AS LESSOR

AND

___, AS LESSEE

This Lease is entered into by the State of Michigan through its Department of Natural Resources (DNR), hereinafter called “DNR” and/or “Lessor,” and , hereinafter called “Lessee,” whose address is .

WHEREAS, pursuant to Section 503 (1) of Public Act 451 of 1994 (1994 PA 451), as amended, MCL 324.503 (1), the DNR is required to: protect and conserve the natural resources of the State; provide and develop facilities for outdoor recreation; prevent the destruction of timber and other forest growth by fire or otherwise; promote the reforesting of forest lands belonging to the State; prevent and guard against the pollution of lakes and streams within the State and enforce all laws provided for that purpose with all authority granted by law; and foster and encourage the protection and propagation of game and fish; and create, maintain, operate, preserve, and protect Michigan’s significant natural and historic resources.

WHEREAS, the Purpose of this Lease is to allow Lessee to enter the Premises to install, construct, maintain, alter, repair, replace, reconstruct, operate and remove a ground based and a rooftop-mounted solar electric generating system, hereinafter called “System” on the Premises.

WHEREAS, the Director of the DNR, or his or her lawful designated Representative, has determined that the purpose of this Lease is necessary to implement Part 5 of 1994 PA 451, as amended, because the generation of renewable energy from sources such as solar power on the Premises will protect and conserve the natural resources and provide facilities for outdoor recreation.

WHEREAS, Lessee is willing to _________________at the Premises, which is located within the ________________.

THEREFORE, Lessor and Lessee, for consideration specified in this Lease, agree to the following terms and conditions:

1. DESCRIPTION OF PREMISES - Lessor hereby leases to Lessee the Premises, located on the property described in Attachment A (legal description), including all of the land owned by the State of Michigan and/or the DNR that is located within the , County of , State of Michigan, this property also being now known as part of the .

This Lease is subject to the DNR’s public notice process.

2. USE OF PREMISES

A. Lessee hereby acknowledges that the use and occupancy of the Premises shall be subject to the provisions of 1994 PA 451, as amended, and confined to the following specific uses:

1) To enter the Premises to install, construct, maintain, alter, repair, replace, reconstruct, operate and remove a ground based and a rooftop-mounted solar electric generating system per Attachment B.

2) Any other use which is agreed to in writing by both parties.

B. Lessee shall obtain Lessor’s prior consent, in writing, signed by Lessor, to use the Premises for any purpose not listed in this Section. Lessor may terminate this Lease, as provided in Section 32, if at any time, Lessee uses the Premises, without express written permission by Lessor, for purposes other than those enumerated in this Section.

C. PROHIBITED ACTIVITIES - The following activities on the Premises are prohibited:

1) Authorizing public use of Premises in violation of any State law, order or regulation.

2) Any planting of plants, removal of plants, landscaping or earthmoving on the Premises without the prior written consent of Lessor.

3) Storage of equipment, placement of signs, or use of camping trailers or tents without prior written approval of Lessor.

4) Any clearing activity outside the Premises.

5) Dumping or disposal of garbage/trash, spare parts, hazardous material, scrap metal and other waste onto the Premises.

6) Disposal of trees, treetops, branches, roots, stumps, and other vegetative debris onto the Premises.

7) Modifications to the Premises unless specifically authorized in writing by the Lessor.

8) Authorization of “Naming Rights” for any portion of the Premises without prior Lessor approval.

D. Lessor may terminate this Lease, as provided in Section 23, if prohibited activities occur on the Premises at any time during the term of this Lease.

3. WASTE - Lessee agrees not to commit, or allow to be committed, any waste or nuisance on the Premises and will not use, or permit to be used, the Premises for any unlawful purpose.

4. LESSOR’S OPERATIONS - Lessee covenants that its use of the Premises shall, at no time, interfere with the uses or operations of Lessor or the Public on the Premises. Lessee covenants that its use of the Premises shall, at no time, interfere with the Public’s use of any State land that may be adjacent to the Premises. Lessee shall not prevent Lessor, its agents, or the public from crossing the Premises to access the adjoining State lands.

5. ADMINISTRATION - The , or his/her designated representative, is the DNR Administrator of this Lease (collectively, DNR Representative). The Lessee shall designate in writing to Lessor one (1) person _________________ and one (1) alternate person __________________ responsible to be the contact person for the Lessee regarding the administration of the Lease. This person shall be authorized to make decisions regarding the maintenance and operation of the Premises.

6. CONDITION OF PREMISES - Lessee stipulates, represents and warrants that Lessee has examined the Premises, and that it is taking possession of the Premises in “as is” condition. Lessee acknowledges that it has not made an independent environmental assessment of the Premises and agrees to maintain the Premises in its present condition.

7. TERM - Lessor shall lease the Premises to Lessee for a year initial term of possession beginning upon actual possession at 12:01 a.m. on , and ending at midnight on , or such later date as provided in Section 9. The beginning and ending Lease term dates may be altered by mutual written consent to reflect the actual date of occupancy.

8. RENT - Lessee shall pay rent, and/or goods or services, to Lessor in the amount of $TBD per year. Payment shall be sent to the following address:

Lessee shall keep accurate books, records and accounting of its operations under this Lease distinctly separate and apart from Lessee’s other operations. Lessee shall make all reports concerning the operation available to the Lessor at such time as the Lessor may require.

Lessor, upon thirty (30) days’ notice, shall have the right to audit books, records and accounting of Lessee’s operations for this Lease.

Checks should be made payable to the State of Michigan. Payment is due on _____________________________. A $10 per day Late Fee must be paid to Lessor by Lessee for every day beyond the designated due date that payment is made.

Failure to pay rent on time will be grounds for Lessor to terminate the Lease.

9. SERVICES BY LESSEE - Lessee shall furnish the following services at its own expense:

A. Lessee will operate and maintain the Premises as provided for in Section 2A above at its sole expense, including any snow removal necessary to facilitate the Use of Premises authorized in Section 2.

B. Lessee will be responsible for the enforcement of all state laws and local ordinances on the property.

C. Lessee shall maintain standards of cleanliness that will reflect favorable public opinion on the Lessee and Lessor. If Lessor determines that Lessee has failed to maintain an acceptable standard of cleanliness, and, if after forty-eight (48) hours or two (2) working days, following verbal and written notification by the Lessor, the problem is not rectified to the satisfaction of Lessor, Lessor may perform or have the duties of the Lessee performed by others at Lessee’s sole expense.

D. Lessee is responsible to immediately investigate and report to the Lessor all instances of suspected trespass.

E. In performing services under this Lease, Lessee must comply with Department of Civil Service Rules 2-20 regarding Workplace Safety and 1-8.3 regarding Discriminatory Harassment. In addition, Lessee must comply with any applicable state agency rules that the Lessor provides to Lessee.

10. ASSIGNMENT AND SUBLEASE - Lessee shall not sell, mortgage, rent, assign, or parcel out the Lease hereby granted, or any interest therein, or allow or permit any other person or party to use or occupy any part of the Premises, building, or spaces covered by this Lease for any purpose whatsoever without first obtaining the prior written consent of Lessor. Such action by Lessee without the prior written approval of Lessor shall be cause for the immediate termination of this Lease. Lessee may, however, enter into maintenance agreements with third parties to fulfill Section 10 above.

11. ALTERATIONS -

A. No alterations, modifications, or improvements shall be made to the Premises without Lessor’s prior written consent, which Lessee shall request at least thirty (30) days in advance of a proposed alteration, modification, or improvement.

B. Except as provided for in paragraph 34 “Lessor Reservation”, at the Lessor's sole option, all alterations, modifications, and improvements to the Premises become the property of the Lessor at the expiration or cancellation of the lease. The Lessor may require Lessee to remove any improvements made by Lessee, and restore the Premises to its original condition and in accordance with an abandonment plan that will be prepared by the Lessor’s Representative and provided to the Lessee. All such activities will be at Lessee's sole expense and completed prior to the effective date of expiration or cancellation.

C. If the Lessor exercises its option under this Paragraph to assume ownership of any alterations, modifications, or improvement to the Premises it shall not be liable to reimburse any party for the alterations, modifications, or improvement, and

12. LAWS, CODES AND PERMITS - Lessee shall comply with all applicable federal, state or local regulations, including, but not limited to, all environmental laws, and codes and will obtain any necessary permits, at its sole cost and expense, in connection with its use of the Premises.

Furthermore, Lessee shall comply with all acquisition and development grant obligations existing at the time of this Lease.

13. TAXES - If Lessee is a nongovernmental entity, it may be subject to taxation for the premises as provided in 1953 P.A. 189, as amended, MCL 211.181 et seq.; MSA 7.7(5) et seq. Lessee’s failure to notify the taxing authority of this lease or its failure to pay its pro rata share of real property taxes by the first due date shall be a breach of the lease. Lessee shall, upon request, provide Lessor with paid receipts for any real property taxes.

14. DAMAGE and REPAIRS - Lessee shall report, in writing, to the Lessor’s Representative, all accidents that result in personal injury or damage to the premises or adjacent land. Lessee shall make complete reports in writing to Lessor’s Representative within 24 hours of any such incident. Incidents resulting in serious personal injury, death, or damage to the premises or adjacent land are to be reported to Lessor’s Representative immediately by telephone or in person. A written report is to follow as described above. Lessee shall also provide to the Lessor, all reports regarding damage to the premises or adjacent land required under Part 615 of Public Act 451of 1994, as amended, MCL 324.61501 et seq. and Administrative Rules R324.101 et seq.

Lessee shall reimburse Lessor for any repairs or remediation work on the premises resulting from damage to the premises caused by Lessee including, but not limited to, damages to the environment or natural resources as defined in Section 20101 (1) (k) of the NREPA, MCL 324.20101 (k).

15. INSPECTION and PROTECTION of PROPERTY –All portions of the Premises shall at all times be maintained in good order and condition.

16. CONSTRUCTION, INSTALLATION, USE, OPERATION and MAINTENANCE – All work incident to the design, construction, installation, use, maintenance and operation of the System on the Premises shall be performed by the Lessee without cost or expense to the Lessor and to the reasonable satisfaction of the Lessor. Lessee shall submit final plans and specifications of proposed construction to Lessor and obtain Lessor’s written approval prior to commencement of construction, which approval will not be unreasonably withheld or delayed.

All work connected to the construction, installation, use, maintenance and operation of the System by Lessee contemplated by this Lease shall be performed in accordance with applicable federal, state and local laws and regulations governing worker health and safety and in accordance with Lessor’s environment, safety and health performance standards.

They system will be owned and operated by Lessee at its sole cost and expense. Any repair or maintenance of the System will be completed by or for Lessee, at its sole cost and expense, for Licensee’s benefit as legal and beneficial owner or lessee of the System.

Lessee shall not directly or indirectly cause, create, incur, assume or suffer to exist any mortgage, pledge, lien (including mechanics’, labor or materialmen’s lien), charge, security interest, encumbrance or claim of any nature (Lien(s)) on or with respect to the Premises or any interest therein. Lessee also will promptly rectify any deficiency before a fine or penalty may attach to the System or Premises any taxes, charges or fees of whatever type of any relevant government authority, relating to any work performed hereunder by Lessee or its agents and subcontractors on the System or Premises. If Lessee breaches its obligations under this Section, it will (i) promptly notify Lessor in writing, (ii) promptly cause such Lien to be discharged and released of record without cost to Lessor, and (iii) defend and indemnify Lessor against all costs and expense (including reasonable attorney’s fees and court costs at trial and on appeal) incurred in discharging and releasing such Lien.

Lessor will not directly or indirectly cause, create, incur, assume of suffer to exist any Liens on or with respect to the System or any interest therein. If Lessor breaches its obligations under this Section, it will promptly notify Lessee in writing and shall promptly cause such Lien to be discharged and released.

Lessor will notify Lessee within twenty-four (24) hours following Lessor’s discovery of any material malfunction in the operation of the System or of its discovery of an interruption or planned interruption in the supply of energy services. Lessor and Lessee will each designate personnel and establish procedures to provide each other notice of conditions requiring Lessee’s repair or alteration of the System at all times, twenty-four (24) hours per day, including weekends and holidays. Lessor and Lessee each will notify the others upon discovery of an emergency condition in the System. If an emergency condition exists, Lessee shall immediately dispatch appropriate personnel to perform the necessary repairs or corrective action in an expeditious and safe manner.

17. PROJECT PLANNING AND EXECUTION – Lessee shall collaborate with Lessor to define and execute a comprehensive and efficient project management and execution plan. The plan will address the construction, installation, commissioning, interconnection, readiness verification, operations, and maintenance phases including risk-graded approach to address hazards, hazard mitigation and inspections.

Lessor will make available to Lessee all relevant technical schematics, drawings, and specifications necessary for interconnection of the System to the existing electrical system.

Lessee shall take all reasonable steps necessary to reduce the impact on Lessor’s patrons, guests, neighbors and Lessor’s on-going operations during the construction and operation.

Lessor must approve the final project management and execution plan prior to the start of construction and Lessor must approve the final interconnection of the System to Lessor’s electrical infrastructure, approval not to be unreasonably withheld.

Lessee is responsible for all work performed on the Premises and the delivery, storage, security, and disposition of all materials delivered to the Premises until completion of the installation and during maintenance and operation of the System in accordance with Lessor’s environment, safety, and health and security and access control performance standards.

Lessee will take all necessary and reasonable safety precautions with respect to the installation work, energy services, and System operations that shall comply with all applicable laws pertaining to the health and safety of persons and real and personal property in accordance with Lessor’s performance standards. Lessee will comply with applicable state and local standards for public health and safety, environmental protection siting, construction, operation and maintenance.

Lessee will ensure any system design and operation reduces nuisance to the lowest level achievable within safety and security considerations. Any temporary lighting installed will be properly directed.

18. OPERATIONS and STORAGE AREAS – Lessee shall confine all operations (including storage of materials) on the Premises to areas authorized or approved by Lessor, which site shall be reasonably accommodating for staging purposes.

Temporary buildings (e.g. storage sheds, shops, offices) and utilities may be erected by Lessee only with approval of Lessor (whose approval will not be unreasonably withheld) and will be built with labor and materials furnished by lessee without expense to Lessor. The temporary buildings and utilities will remain the property of Lessor and will be removed by Lessee at its expense upon completion of the System.

Lessee will only use established roadways. When it is necessary to cross curbs or sidewalks, Lessee will protect them from damage. Lessee shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

19. STOP WORK – Lessor will have the right, at any time, to require Lessor’s will have the right, at any time, to require Lessee and its employees, officials, agents, and contractors to stop all, or any part, of the installation, operation and maintenance of the System on the Premises when, in their sole judgment, an imminent hazard to employees, the public, or the environment exists.

Upon verbal direction or receipt of a stop work order, Lessee shall immediately comply with its terms. Lessor’s will contact Lessee to resolve the stop work order.

Lessee will not be able entitled to and Lessor will not be liable for any damages, losses, or claims of any nature arising from or associated with such stop work order.

Lessor will work with Lessee to promptly address and mitigate the hazard, and to resume System installation, operation, or maintenance activities.

20. INTERCONNECTION – Lessee will be responsible for executing an Interconnection Agreement with the utility pursuant to the utility’s requirements for non-utility generators.

Lessor will have remote access to the System performance data through a website provided by Lessee. Use of data is for the exclusive purpose administering this Lease, including verification and validation of production data. Lessor agrees that the data may be used for additional purposes in collaboration with Less. System performance data will be real time, twenty-four hours a day/seven days a week access and include a minimum solar irradiance, DC power, AC real power, AC current, AC voltage, ambient air temperature, PV module temperature and Ac energy.

Lessee shall be responsible for all costs related to interconnection between the distribution system and the System including compliance will all applicable metering requirements. The System will not affect current loads on existing transformers.

Lessor will provide Lessee advance notice to Lessee of any planned utility outages necessary for normal operations, facility modifications, testing, and maintenance at the Premises.

21. SOLAR ACCESS LICENSE – Lessor hereby grants to the Lessee a non-recordable solar access license providing unobstructed access to the sun from the Premises. This non-recordable solar access license is subject to existing building, structures, flora, and any other potential obstruction existing at the effective date of this Lease, which shall not be considered as interfering with Lessor’s access to the sun. Lessor agrees to use commercially reasonable efforts to prevent other buildings, structures or flora within its control from overshadowing or otherwise blocking access of the sunlight to the System and subsequent reduction in System electricity production.

22. SYSTEM REMOVAL AND SITE REMEDIATION – Upon expiration or cancelation of the Lease, Lessee will, at its sole cost and expense, have reasonable time, not to exceed 180 days or such other time as provided by the Lessor, after the date of expiration or termination, to remove all of its structures property or improvements including rooftop structures located on the Premises in a good and workman like manner, and return the Premises to its original condition, except for ordinary wear and tear not associated with the installation, operation or removal of the System, or in a condition as reasonably specified by the Lessor. If the Lessee fails to do so within the allotted time, the Lessor may do so at the Lessee’s expense. Any damage to the rooftop or building structure resulting from installation, operation, or removal of the System shall be immediately repaired or replaced by Lessee, at Lessee’s expense, to the reasonable satisfaction of the Lessor.

23. LIABILITY FOR VOIDING ANY ROOF WARRANTY – Lessor’s ___________ facility at __________ was constructed in _________. The roofing system on the ________ is covered by a limited warranty for a period of ______ years, beginning on _________. ______________________ is the company which holds the roofing system limited warranty. Contact information for ____________ is as follows:

In the event the activities of Lessor, including its employees, contractors or agents, relating to installing, constructing, maintain. Altering, repairing, replacing, operating and removing the System on the Premises void or diminish the roofing system limited warranty provided by ______________ to Lessor, Lessee shall provide Lessor with the same roofing system limited warranty as provided by __________________.

24. INSPECTION of PREMISES - Lessor and Lessee have inspected and know the condition of the Premises, and it is understood that the property is granted without any representation or warranty by the Lessor whatsoever, other than the representations made in this Lease, and without obligation on the part of the Lessor to make any alterations, repairs, or additions.

Lessor and Lessor’s agents and employees shall have the right at all reasonable times during the term of this Lease, and any renewal thereof, to enter the Premises for the purposes of making any inspections, repairs, additions, or alterations as may be deemed appropriate by Lessor for the preservation of the Premises.

Lessor and Lessee will collaborate to conduct routine inspections of the System installation, operation, and maintenance activities to ensure construction, operation and environment, safety, and health performance standards are met and risks to employees, the public, and the environment are minimized. Lessor and Lessee shall each promptly provide the others all inspection reports and any findings and corrective actions.

25. PURCHASE OPTION – Lessor may at its sole discretion and option, purchase the System from Lessee. The purchase option price is set forth in Attachment C to the Lease. If Lessor exercises its purchase option prior to the expiration or cancelation of this Lease, Lessor and Lessee agree to cancel the Lease.

26. INDEMNIFICATION - Lessee hereby covenants and agrees to indemnify and save harmless, the State of Michigan, its departments, officers, employees and agents, from any and all claims and demands, for all loss, injury, death or damage, that any person or entity may have or make, in any manner, arising out of any occurrence related to (1) issuance of this Lease; (2) the activities authorized by this Lease; and (3) the use or occupancy of the Premises which are the subject of this Lease by the Lessee, its employees, contractors, or its authorized representatives.

27. LIABILITY - Lessee hereby releases, waives, discharges and covenants not to sue the State of Michigan, its departments, officers, employees and agents, from any and all liability to Lessee, its officers, employees and agents, for all losses, injury, death or damage, and any claims or demands thereto, on account of injury to person or property, or resulting in death of Lessee, its officers, employees or agents, in reference to the activities authorized by this Lease.

Lessee shall report to the Lessor any incident that may result in personal injury or property damage. Lessee shall make complete reports in writing to Lessor on forms provided by Lessor, (see Attachment C), within 24 hours of any such incident. Incidents resulting in serious personal injury, death, or property damage estimated to exceed $100 are to be reported to Lessor immediately, by telephone or in person. A written report is to follow as described above.

28. INSURANCE: Lessee shall provide certificates of insurance listing the State of Michigan, its departments, boards, agencies, commissions, officers, and employees as additional insureds, to Lessor within thirty (30) calendar days following the execution and delivery of this Lease to Lessee, and every year thereafter, for the following insurance coverage. The insurance policies shall provide that they may not be modified, canceled, or allowed to expire without thirty (30) days’ prior written notice given to Lessor.

A. Lessee shall obtain General Liability Insurance, naming Lessor, its officers and employees as additional insureds and protecting against all claims, demands, suits, actions or causes of action and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Premises, or arising in connection with or as a direct or indirect result of the Lessee's use and occupancy of the Premises or its exercise of the right and privileges granted in the Lease. Lessee agrees to maintain a minimum policy limit, in the amount of:

$2,000,000 aggregate $1,000,000 each occurrence $1,000,000 personal and advertising injury $1,000,000 products/completed operations aggregate $5,000 medical payments B. Lessee covenants that it will, during the continuance of the term of this Lease, keep the buildings and improvements now or hereafter located on the Premises, insured by an insurance company or companies that has a rating of A- (A minus) or better, as listed by AM Best Co., against loss or damage for all risks as are currently embraced in the standard extended coverage endorsement in the State of Michigan, and in an amount equal to the full replacement value of said buildings and improvements.

C. If required by law, Lessee shall obtain Workers’ Compensation Insurance for Lessee’s employees’ claims under Michigan Workers’ Compensation Act or similar employee benefit act or any other state act applicable to an employee, along with Employer’s Liability Insurance for claims for damages because of bodily injury, occupational sickness or disease or death of an employee when Workers Compensation may not be an exclusive remedy, subject to a limit of liability of not less than $100,000 each accident.

D. If required by law, Lessee shall maintain automobile no-fault coverage for vehicles used under the course of this Lease.

E. Lessor reserves the right to reassess the minimum policy limits requirement set forth above every five (5) years, or as determined necessary by Lessor.

29. NON-DISCRIMINATION - Lessee, its agents, employees and subcontractors shall comply with the Elliott-Larsen Civil Rights Act, 1976 PA 453 as amended, MCL 37.2101 et seq.; MSA 3.548 (101) et seq.; the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101; MSA 3.550 (101) et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Lease, with respect to his/her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his/her race, religion, color, national origin, age, sex, height, weight, marital status, or physical or mental disability that is unrelated to the individual's ability to perform the duties of a particular job or position. Lessee agrees to include in every subcontract entered into for the performance of this Lease, this covenant not to discriminate in employment. A breach of this covenant is a material breach of this Lease.

30. UNFAIR LABOR PRACTICES - Lessee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as amended, MCL 423.321 et seq.; MSA 17.458 (21) et seq. Under Section 4 of 1980 PA 278, MCL 423.324, the State may void a Contract or Lease, if after award, the name of the Lessee as an employer or the name of a Subcontractor, manufacturer, or supplier of Lessee appears in the register.

31. DISPUTES - Except as otherwise provided for in this agreement, any dispute among any multiple Lessees that have executed Leases with Lessor to maintain and operate portions of the contiguous Premises, that concern obligations and benefits arising under this agreement, which is not disposed of by this agreement, shall be decided by the Parks and Recreation Division (PRD) Chief, who shall make a written decision and mail or otherwise furnish a copy of the decision to all of the parties.

A. The written decision of the PRD Chief provided for above shall be binding upon the parties and shall constitute a final decision of the agency.

B. This “Disputes” clause does not preclude consideration of questions of law in connection with decisions provided for in the dispute subparagraph above. Nothing in this agreement, however, shall be construed as making final the decision of any administrative official, representative or board on the question of law.

32. CANCELLATION -

A. Lessor may cancel this Lease provided Lessee is notified in writing at least thirty (30) days prior to the effective date of cancellation and any one of the following occur:

1) The Premises are no longer being used for the purposes identified in this Lease.

2) Lessee provided Lessor with information, in its application for this Lease or at any time during the Lease term, that was false or fraudulent.

3) Lessee fails to perform any of its obligations under this Lease, and such failure is not cured within ninety (90) calendar days after written notice of default to Lessee.

4) Lessee or any subcontractor, manufacturer or supplier of Lessee appears in the register compiled by the Michigan Department of Labor and Economic Growth, pursuant to 1980 PA 278, as amended, MCL 423.321 et seq.; MSA 17.458 (21) et seq. (Employers Engaging in Unfair Labor Practices Act). This covenant is cross-referenced in Section 21.

B. Lessor may cancel this Lease provided Lessee is notified, in writing, at least ninety (90) days prior to the effective date of cancellation, if Lessor deems cancellation is in the best interest of the State of Michigan.

C. Lessor may also cancel this Lease for non-appropriation of funding. The Michigan Constitution prohibits spending money out of the State Treasury without a valid appropriation.

A. Lessor reserves the right to grant rights-of-way and easements of any kind and nature over and across the Premises and to grant or exercise all other rights and privileges of every kind and nature not herein specifically granted so long as granting of such rights does not interfere with Lessee’s use of the Premises as described in Paragraph 1, or the conveyed area may be removed from the Premises following notification to the Lessee.

B. Lessor reserves the right to assign administrative responsibilities, in whole or in part, for this lease.

State of Michigan Department of Natural Resources Chief, Parks and Recreation Division P.O. Box 30257 Lansing, MI 48909 State of Michigan Department of Natural Resources Attn: _________________

Attn: ________________________

39. NO UNNAMED ENTITIES/ PARTNERS - Lessee covenants that there are no unnamed entities or partners having authority over the operation or management of the Premises and further represents that Lessee is the only entity responsible for carrying out Lessee’s responsibilities.

40. MODIFICATION – This lease shall not be modified by or interpreted by reference to any course of dealing or usage of trade and shall not be modified by any course of performance. No modifications of this Lease are effective unless in writing, signed by the parties, and executed in the same manner as this Lease was originally executed. A party may waive or release the other party’s breach or default only in writing.

41. SEVERABILITY - Should any provision of this Lease, or any addenda thereto, be found to be illegal, or otherwise unenforceable by a court of law, such provision shall be severed from the remainder of the Lease, and such action shall not affect the enforceability of the remaining provisions of the Lease.

42. GOVERNING LAW – This Lease is governed by, and construed in accordance with, the laws of the State of Michigan. Any dispute arising under this Lease must be resolved in the Michigan Court of Claims.

43. REQUIRED APPROVALS - This Lease shall not be binding or effective on either party until executed (and witnessed and notarized as necessary) by Lessor and Lessee.

44. WAIVER OF DEFAULT – The failure of a party to insist upon strict adherence to any term of this Lease does not deprive the party of the right to insist upon strict adherence to that term, or any other term, of this Lease.

45. ENTIRE AGREEMENT AND ENCLOSURES - This Lease constitutes the entire agreement between the parties with regard to this transaction and may be amended only in writing and executed in the same manner as this Lease was originally executed. This Lease supersedes all proposals or other prior agreements and all other communications between the parties relating to this transaction.

_____ INIT

DEPARTMENT OF NATURAL RESOURCES

Witness(es)

Witness Signature

Date

Ronald A. Olson, Chief

Date

DNR Parks and Recreation Division

(please print name)

Witness(es)

Witness Signature

Date

(please print name)

The foregoing instrument was acknowledged before me on this _________, day of ___________________, 20____ by Ronald A. Olson, Parks and Recreation Division Chief, for the Michigan Department of Natural Resources.

(please print name)

LESSEE –

IN WITNESS WHEREOF, the parties to this Lease subscribe their names on the date set forth below:

WITNESS TO LESSEE

Witness

Lessee

(please print)

(please print)

Witness Signature

Date

Lessee Signature

Date

Witness

Lessee

(please print)

(please print)

Witness Signature

Date

Lessee Signature

Date

The foregoing instrument was acknowledged before me on this ________ day of ______________________, 20___, by __________________, for Lessee.

, Notary Public

State of Michigan, County of

My Commission expires:

Acting in the County of image1.jpeg