RLP 57-6395-24-004.pdf

THIS LEASE, made and entered into this date by and between whose address is and whose interest in the property hereinafter described is that of hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:

WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agrees as follows:

1. The lessor hereby leases to the Government the following described premises:

to be used for

2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on through , subject to termination and renewal rights as may be hereinafter set forth.

3. The Government shall pay the Lessor annual rent of $ at the rate of $ per in arrears.

Rent for a lesser period shall be prorated. Rent checks shall be made payable to:

4. The Government may terminate this lease at any time by giving at least days' notice in w to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commence\with the day after the date of mailing.

5. This lease may be renewed at the option of the Government, for the following terms and at the following rentals:

provided notice be given in writing to the Lessor at least days before the end of the original lease termor any renewal term; all other terms and conditions of this lease shall remain the same during any renewal ter Said notice shall be computed commencing with the day after the date of mailing.

U.S. GOVERNMENT LEASE FOR REAL PROPERTY

DATE OF LEASE LEASE NO.

THIS LEASE, made and entered into this date by and between [INSERT OFFICIAL LESSOR NAME] whose address is XXXXXXXX, CITY, STATE, ZIP and whose interest in the property hereinafter described is that of owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA, acting by and through the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS), as Lessee, hereinafter called the Government. The Lessor and Government are herein collectively referred to as the Parties.

WITNESSETH:

WHEREAS, pursuant to 41 CFR Ch. 102, §102-73.170, the GOVERNMENT wishes to lease certain land herein described, owned by the LESSOR and located as described in Article 1, Leased Premises, of this Lease, to be used for Government purposes;

NOW THEREFORE, in consideration of the premises and of other good and valuable consideration herein mentioned, the Parties hereto covenant and mutually agree as follows:

1. The Lessor hereby leases to the Government the following described premises, to be used for Government purposes:

approximately XXXX acres (XXXXX ABOA SF) See Exhibit A, attached hereto and made a part hereof.

Cameron County, Texas

2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on XX/XX/20XX through XX/XX/20XX, with 5 years firm, subject to termination and renewal rights as may be hereinafter set forth and conditional upon the passage of an applicable appropriation or authorization by Congress from which expenditures may be made and shall not obligate the United States of America upon failure of Congress to so act.

3. The Government shall pay to the Lessor an annual rent of $XX paid at the rate of $XX per month in arrears. Rent for a lesser period shall be prorated.

Payment of rent over the lease term is contingent upon annual federal appropriations.

The Offeror must have an active registration in the System for Award Management (SAM), via the Internet at HTTP://W\/WV.SAM.GOV prior to the Lease Award Date. Offerors must be registered for purposes of "All Awards," including completion of all required representations and certifications within SAM. This registration service is free of charge.

Rent shall be paid to Lessor by electronic funds transfer (EFT) in accordance with the provisions of the General Clauses. Rent shall be payable using the EFT information contained in the System for Award Management (SAM). In the event the EFT information changes, the Lessor shall be responsible for providing the updated information to SAM. Failure by the Lessor to maintain an active registration in SAM may result in delay of rental payments until such time as the SAM registration is activated.

4. The Government may terminate this lease at any time after Month Day, 20XX, by giving at least 60 days' notice in writing to the

Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after date of notification (via postal service, email, or fax).

5. This lease may not be renewed at the option of the Government. Should the Parties desire the Government to continue use of the land, a new lease will be pursued.

6. The Government will provide the following during occupancy of the leased property:

(a) Cattle Dipping Vat(s). The Government will draft the scope, design plans and construct the cattle dipping vat(s). The Government will be responsible for maintenance and repairs of the cattle dipping vat(s).

(b) Cattle Corral/Pens. The Government will draft the scope, design plans and construct the cattle corral/pens. The Government will be responsible for maintenance and repairs of the cattle corral/pens.

LESSOR: ________ GOVERNMENT: ________

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is not usable

STANDARD FORM 2 (REV. 6/2003)

Prescribed by GSA - FPR (41 CFR) 1-16.601

This form was electronically produced by USDA/ARS/OC

57-6395-24-004xx/xx/xxxx

6. The Lessor shall furnish to the Government, as part of the rental consideration, the following:

7. The following are attached and made a part hereof:

The General Provisions and Instructions

8. The following changes were made in this lease prior to its execution:

7. The Lessor agrees and shall provide the following at no cost to the Government:

(a) 24 hours a day, 7 days a week unrestricted ingress/egress access to the leased premises through the initial and any subsequent terms of this lease.

(b) The Lessor shall provide a fence and gate(s) for the ingress/egress of the property. The Lessor shall be responsible for the maintenance and repairs of the fence and gate(s) and any road on the property or leased premise. The Lessor shall inform the Government if the fence and/or gate(s) has been damaged due to Government actions. The Government will inspect the damage and will provide approval to the Lessor to make repairs to the fence and/or gate(s). The Lessor will make the approved repairs and then provide an invoice to the Government’s Lease Contracting Officer. The Government will reimburse the Lessor for the cost of materials to repair the fence and/or gate(s), and Lessor’s project management fees.

(c) Lessor agrees to reasonably cooperate with the Government to accomplish the establishment and operation of the Government’s use of the leased property including, where required, securing permits, signoffs and/or other approvals and government entitlements.

(d) The Lessor shall provide water and electrical utilities for the Government’s mission operations and have them separately metered from the Lessor’s own utilities if applicable. The Government will reimburse the Lessor for the cost of electric and water utilities. The Lessor is responsible for providing the Government’s Lease Contracting Officer the invoices for both electric and water utilities on a quarterly basis, along with any other documentation. The Government’s Lease Contracting Officer will review the reimbursement request. Upon approval the Government’s Lease Contracting Officer will process reimbursement to the Lessor.

(e) Lessor agrees to grant such easements, rights of way, and other rights of use and or access in and to any portion(s) of Lessor's property (including property not included within the demised premises leased to the Government under this Lease) as may be necessary and/or convenient to accomplish the installation and operation of utilities, roadways for ingress and egress, and other related amenities including, but not limited to the grant of a blanket-easement to utility providers and/or other service providers.

(f) Lessor also agrees to execute such other and further documents, or perform such other acts, as may be necessary to carry out the provisions of this section.

8. Existing structures on the leased property owned by the Lessor will be identified on Exhibit A. The Lessor will identify which structures shall be leased to the Government and hereby grants the Government use and access for mission operations. The Lessor shall be responsible for maintenance and repairs of those structures. Otherwise, the Lessor can waive and relinquish that responsibility and the Government shall have no obligation to maintain and repair the leased structures and restore them to any prior existing condition. The Government at its sole discretion may abandon the structures in as-is conditions at the termination or expiration of the lease.

9. The Lessor agrees that, should any ad valorem or other tax consequence arise from the Government's use of the property, and installation of improvements thereon, Lessor shall bear all responsibility therefore. Lessor acknowledges and agrees that Lessor's obligation under this section is supported by consideration from the Government under this Agreement.

10. Alterations and Improvements. The parties acknowledge that the Government's use of the Lessor’s property may require construction and placement of tenant improvements. Such use may also require the installation of sewer, water, electrical utilities, and such other amenities as may be necessary and/or convenient. The Lessor hereby waives and forever relinquishes any right to make a claim against the Government for waste, damages or restoration arising from or related to any alteration or improvement or removal of any alteration or improvements by the Government during the term of this lease or any lease extensions. Alterations or improvements may be completed by the Government during the term of the lease or during any lease extensions.

11. Waiver of Restoration. The Government may at its sole discretion, during the lease term and for a reasonable time thereafter, remove any improvements placed upon the property during the lease term. Alternatively, the Government may abandon such improvements following the expiration of the lease term, in which case the improvements so abandoned shall become the property of the Lessor. Regardless, the Government shall have no obligation to restore the leased premises to any prior existing condition.

12. Transfer of Ownership. If, during the term of this lease including extensions, renewals, etc., the title of this property is transferred to another party either by sale, foreclosure, condemnation or other transaction, the Lessor (transferor) shall promptly notify the Government of said transaction. The following information shall accompany this notification:

(i) A certified copy of the deed transferring title to the property from the Lessor to the new owner (transferee).

(ii) A letter from the new owner assuming, approving and agreeing to be bound by the terms of this lease.

(iii) A letter from the Lessor waiving all rights under this lease against the Government up to the effective date of transfer.

(iv) The new owner's tax identification number (TIN), employer identification number (EIN), or Social Security Number

(SSN).

(v) The new owner's full legal name. If a corporation, indicate the state of incorporation. If a partnership, list all partners fully. If a limited partnership, list all general partners and identify under the laws of which state the limited partnership was created. If a realty trust, give names of all trustees and recording date of the trust.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is not usable

STANDARD FORM 2 (REV. 6/2003)

Prescribed by GSA - FPR (41 CFR) 1-16.601 This form was electronically produced by USDA/ARS/O

6. The Lessor shall furnish to the Government, as part of the rental consideration, the following:

7. The following are attached and made a part hereof:

The General Provisions and Instructions

8. The following changes were made in this lease prior to its execution:

13. In the event of a holdover past the term of the lease the tenancy shall continue on a month-to-month basis at the same rental rate in effect at the time of the lease’s expiration and all terms and conditions of the lease shall continue in full force and effect. Any claims by the Lessor resulting from the holdover shall be handled through the process established in the Contract Disputes Act of 1978, as amended, and the tenancy shall continue throughout the resolution of the dispute.

14. The Lessor warrants that it has the authority to execute this lease, to allow the Government to use and occupy land, and to provide unrestricted legal access to the land.

15. The following are attached and made a part hereof:

– Exhibit A, Site Map (X pages)

– GSA 3517A General Clauses (X pages)

IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written.

LESSOR

IN PRESENCE OF

UNITED STATES OF AMERICA

STANDARD FORM 2 (REV. 6/2003) BACK

SIGNATURE SIGNATURE

NAME OF SIGNER NAME OF SIGNER

SIGNATURE SIGNATURE

NAME OF SIGNER NAME OF SIGNER

SIGNATURE NAME OF SIGNER

OFFICIAL TITLE OF SIGNER

USDA, Lease Contracting Officer

USDA Lease No.

Exhibit A