RFP Exhibit B - Sample Lease - Land.pdf

LEASE NO. DACA675XXXXXXXXX LESSOR: ______ GOVERNMENT: ________

USACE LAND LEASE FORM L100 (10/2020) Page 1

U. S. GOVERNMENT LEASE NO. DACA675XXXXXXXXX

Prior Lease No.: ______________________ UEI No. (Per SAM): ___________________

This LEASE under the authority of 10 U.S.C. §2663, is made and entered into between: [Insert Lessor’s Full Legal Name] (“Lessor” or “Owner”), whose principal place of business is [Insert Lessor’s Physical Address per SAM], and whose interest in the Property described herein is that of Fee Owner, and The United States of America (“Government” or “Lessee”), acting by and through the designated representative of the U.S. Army Corps of Engineers (USACE), upon the terms and conditions set forth herein.

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

1. THE PREMISES: The Lessor leases to the Lessee the following described property: [INSERT ADDRESS], as shown in Exhibit “A”, Map, as further described in Exhibit “B”, Legal Description, attached and made a part of this agreement, to be used for the Lessee's purposes.

2. LEASE TERM: The Lessee shall have the right to have and to hold the said premises, or any potion thereof, for the period beginning __________________________through ____________________________. The Lessee shall have the right to renew this lease from year to year or for a lesser period of time, under the same terms, conditions and consideration provided herein. The Lessee shall provide written notice to the Lessor of the Lessee’s intent to renew this lease prior to the expiration date of the current term, provided further that the renewal of this lease is subject to adequate appropriations being made available from year to year for the payment of rentals, and that this Lease shall in no event extend beyond [Date].

3. RENTAL: The Lessee shall pay the Owner rent at the following rate: per at the of the month in arrears. Payment shall be made by the day of the following month. Rent for a lesser period shall be prorated.

All payments by the Government under the terms of this lease shall be made payable to the Lessor as shown In the System for Award Management (SAM) via electronic funds transfer by the USACE Finance Center, 5722 Integrity Drive, Millington, Tennessee 38054- 5005.

4. OWNERSHIP: The Lessor warrants that he is the rightful and legal owner of the property and has the legal right to enter into this lease. If the title of the Lessor shall fail, or it be discovered that the Lessor did not have authority to lease to the property, the lease shall terminate. The Lessor, the Lessor’s heirs, executors, administrators, successors, or assigns agree to indemnify the Lessee by reason of such failure and to refund all rentals paid.

5. EXCLUSIVE USE: The Lessor shall not interfere with or restrict the Lessee, or its representatives in the use and enjoyment of the leased property, nor shall the Lessor erect any fence, wall, partition or any construction upon the leased, property except as otherwise agreed to in writing by the Lessee.

6. TERMINATION: The Government may terminate this Lease, in whole or in parts, at any time by providing not less than thirty (30) days prior written notice to the Lessor. The effective date of the termination shall be the day following the expiration of the required notice period or the termination date set forth in the notice, whichever is later. If the Lease is terminated in whole, no rental shall accrue after the effective date of termination. If the Lease is terminated in part, the rental due after the effective date of termination shall be adjusted and a Supplemental Lease Agreement executed.

7. ALTERATIONS/RESTORATION/RELEASE OF LIABILITY: The Lessee shall have the right, during the existence of this lease, to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which fixtures, additions, or structures, so placed in, upon or attached to the said premises shall be and remain the property of the Lessee and may be removed or left in place at the option of the Lessee. The Lessor hereby releases and forever discharges the Lessee, its officers, employees and/or contractors from any and all liability, claims or demands for site restoration of the leased premises.

USACE LAND LEASE FORM L100 (10/2020) Page 2

8. DAMAGES: The Lessee shall not be responsible for combat or war related damages to the lease premises; the Lessee shall be liable only for damage resulting from negligence or misconduct of Lessee personnel. The Lessee shall not be liable for any loss, destruction or damage to the premises beyond the control and without the fault of negligence of the Lessee, including, but not limited to acts of nature, fire, lightning, floods, or severe weather. The parties agree that any settlement of damages by the Lessee if any, shall be done at termination of the lease.

9. PROPERTY INVENTORY: A joint physical survey and inspection report of the real property shall be attached hereto as Exhibit “F”, Joint Survey and Inspection, and made a part hereof, said report to reflect the then present condition, and to be signed on behalf of the parties.

10. TAXES: The Lessor accepts full and sole responsibility for the payment of all taxes and other charges of a public nature which may arise in connection with this lease or which may be assessed against the property. This includes registration of the lease and payment of related charges.

11. NOTICE: Any notice under 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: U.S. Army Corps of Engineers, Seattle District, ATTN: CENWS-RES, 4735 East Marginal Way South, Buildling 1202, Seattle, Washington 98134-2388, whose telephone number is (206) 316-4414. Any notice given by the Government to the Lessor or his/her agent shall be addressed to: [Insert Address] and e-mail [Insert E-Mail], or as may from time to time otherwise be directed in writing by the parties. Both Lessor and Government have an obligation to ensure that the other party has their accurate address. Any such notice and correspondence shall include the lease number.

The Lessor shall provide a locally designated representative available to promptly respond to deficiencies and immediately address all emergency situations. In the event of an emergency, Government may contact: [Insert Name and Phone Number of Lessor Point of Contact]. For maintenance purposes, the Government’s notice to the Lessor shall be addressed to: [Insert Name, E-Mail, and Phone].

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

13. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or a contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Lessee shall have the right to annul this lease without liability or in its discretion to deduct from the lease price or consideration the full amount of such commission, percentage, brokerage, or contingent fee.

14. 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 therefrom, but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit.

15. GRATUITIES:

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

b. In the event this lease is terminated as provided in paragraph (a) hereof, the Lessee shall be 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 duly authorized representative) which shall be not less than three nor

USACE LAND LEASE FORM L100 (10/2020) Page 3 more that ten times the costs incurred by the Lessor in providing any such gratuities to an such officer or employee.

c. The rights and remedies of the Lessee 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.

16. EXAMINATION OF RECORDS: The Lessor agrees that any duly authorized representatives shall have the right until the expiration of three (3) years after final payment of the agreed rental, have access to and the right to examine any directly pertinent books, documents, papers and records of the Lessor involving transactions related to this lease.

17. MODIFICATION: No Change or modification of this lease shall be effective unless it is in writing and signed by both parties to this lease.

18. DOCUMENTS INCORPORATED IN THE LEASE: The following documents are attached to and made part of the lease:

DOCUMENT NAME

EXHIBIT

Site Plan A Legal Description B General Clauses, GSA Form 3517B C SAM Representations and Certifications, GSA Form 3518 D Certificate of Authorization E Joint Survey and Inspection F

In Witness Whereof, the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below, to be effective as of the date of execution by the Government.

THIS LEASE IS NOT SUBJECT TO TITLE 10, UNITED STATES CODE, SECTION 2662.

LESSOR:

(Insert Lessor’s name as it appears in SAM)

Signature:

Name (please print):

Title:

Date:

GOVERNMENT:

Signature:

Name (please print): Thomas J. Seymour

Title: Chief, Real Estate Division, Real Estate Contracting Officer

Execution Date: