PRESOL | X | Notice of Availability for Leasing Cellular Towers - site #1 map

FBO DAILY ISSUE OF OCTOBER 17, 2009 FBO #2884
SOLICITATION NOTICE

X -- Notice of Availability for Leasing Cellular Towers - site #1 map

Notice Date: 10/15/2009
Notice Type: Combined Synopsis/Solicitation
NAICS: 517210 — Wireless Telecommunications Carriers (except Satellite)
Contracting Office: Department of the Army, U.S. Army Corps of Engineers, U.S. Army Engineer District, Savannah, Attn: CESAS-CT, PO Box 889, Savannah, Georgia, 31402-0889, United States
ZIP Code: 31402-0889
Solicitation Number: BENN4072
Archive Date: 12/23/2009
Point of Contact: Kerry R. Brubaker, Phone: 9126525664, Joseph Herrick, Phone: 9126525936
E-Mail Address: kerry.r.brubaker@usace.army.mil, Joseph.D.Herrick@usace.army.mil
(kerry.r.brubaker@usace.army.mil, Joseph.D.Herrick@usace.army.mil)
Small Business Set-Aside: N/A
Description: Site #3 Davis Hill Road ECP SIite #2 Griswald Range ECP Site #1 Ruth Range ECP Site #3 Davis Hill Road Site #2 - Griswald Range Site #1 Ruth Range NOTICE OF AVAILABILITY FOR LEASING TELECOMMUNICATIONS TOWERS AT FORT BENNING, GEORGIA LEASE APPLICATION NUMBER LEASE NO. DACA21-1-09-4072 October 14, 2009 US ARMY CORPS OF ENGINEERS SAVANNAH DISTRICT 100 West Oglethorpe Avenue Savannah, Georgia 31401-3640 APPLICATION FOR LEASE FOR TELECOMMUNICATIONS PURPOSES FORT BENNING, GEORGIA LEASE APPLICATION NUMBER: Lease No. DACA21-1-09-4072 PROPERTY TO BE LEASED: Fort Benning has made the three (3) sites described herein available for prospective applicants to consider for the construction, operation, and maintenance of three (3) telecommunication towers. All three towers will be in one lease. APPLICATION DEPOSITS: The Application for Lease must include a certified check, cashier's check, or money order, payable to the FAO, U.S. Army Engineer District, Savannah, in the amount of FIVE HUNDRED AND No/100 DOLLARS ($500.00) as an Application Deposit. The FIVE HUNDRED AND No/100 DOLLARS ($500.00) deposit of the successful applicant will be applied to the first year's rent. The Application Deposit will be returned to all other Applicants. APPLICATION: Send applications in a sealed envelope, in DUPLICATE, for the leasing of property of the United States as identified herein, will be received until and not later than 2:00 p.m., Eastern Standard Time, December 8, 2009. Applications must be delivered to US Army Engineer District, Savannah, ATTN: CESAS-RE-MM (Brubaker), 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3640. Applications delivered by hand or by express mail service should be delivered to 100 West Oglethorpe Avenue, Savannah, Georgia prior to the date and time noted above. Applications submitted must be in compliance with, and subject to, the provisions, information and instructions of this Application, including any amendments, attachments and exhibits hereto. PRE-APPLICATION CONFERENCE AND SITE INSPECTION: A pre-application conference and site inspection will be held November 17, 8:00 AM, 6650 Meloy Drive, Bldg 6, Room 316, Fort Benning, Ga. 31905. In order to attend please contact the POC listed below. Mr. Dominick DeCarlo Real Estate Specialist Ft. Benning, Georgia 31905-5000 Telephone Number: (706) 545-2004 ADDITIONAL INFORMATION: Any questions concerning the application format, the lease agreement, and/or development plan, or requests for information should be referred in writing to: Kerry Brubaker U. S. Army Engineering District, Savannah ATTN: CESAS-RE-MM 100 West Oglethorpe Avenue Savannah, Georgia 31401-3640 Telephone No. (912) 652-5664 APPLICATION INFORMATION PACKAGE FOR TELECOMMUNICATIONS FACILITIES AT FT. BENNING, GEORGIA CONTENTS SECTION I - IDENTIFICATION OF AREA TO BE LEASED SECTION II - LEASE PROVISIONS SECTION III - SUBMISSION INSTRUCTIONS TO POTENTIAL APPLICANTS SECTION IV - APPLICATION INFORMATION SECTION V - SELECTION CRITERIA SECTION VI - AWARD AND ACCEPTANCE EXHIBITS EXHIBIT "A" - LOCATION MAP, SITE NO. 1 EXHIBIT "B" - LOCATION MAP, SITE NO. 2 EXHIBIT "C" - LOCATION MAP, SITE NO. 3 EXHIBIT "D" - LEASE EXHIBIT "E" - TECHNICAL SPECIFICATIONS EXHIBIT "F" - APPLICATION FOR LEASE FORMAT EXHIBIT "G" - COVER LETTER EXHIBIT "H" - ECP (ENVIRONMENTAL CONDITION OF PROPERTY) SECTION I - IDENTIFICATION OF AREA TO BE LEASED 1. PROPERTY TO BE LEASED: Property Location: The Government property to be offered is located within the boundaries of the Ft. Benning, Georgia, US Army military installation located adjacent to the City of Columbus, Georgia on the Georgia/Alabama border. Ft. Benning, Georgia is headquarters for the US Army Infantry Center and numerous military tenant activities. The installation extends into portions of Muscogee County and Chattahoochee County in Georgia and Russell County in Alabama. All three sites are located in Chattahoochee County. Description - SITE 1 Site 1 is located at Ruth Range and consists of 10,000 square feet or.22 acre. Site 1 is further identified on the enclosed map at Exhibit A. No improvements are located on Site 1. Electrical utilities are within approximately 300 feet of this site. Description - SITE 2 Site 2 is located at the entrance to Griswald Range and consists of 10,000 square feet or.22 acre. Site 2 is further identified on the enclosed map at Exhibit B. No improvements are located on Site 2. Electrical utilities are within approximately 75 feet of this site. Description - SITE 3 Site 3 is located near Davis Hill Road and consists of 10,000 square feet or.22 acre. Site 3 is further identified on the attached map at Exhibit C. No improvements are located on Site 3. Electrical utilities are within approximately 75 feet of this site. SECTION II - LEASE PROVISIONS 1. FORM OF LEASE: The successful applicant will be required to enter into a lease with the United States in substantial conformity with the lease format entitled "DEPARTMENT OF THE ARMY TELECOMMUNICATIONS TOWER LEASE" attached as Exhibit D, including any exhibits that may be attached to the lease. This lease is subject to all existing third party interests in the premises to include, but not limited to, easements, licenses, permits, or leases, previously granted, as well as established access routes for roadways and utilities located or to be located on the premises. The proposed grant by the Government of any new easement or route will be coordinated with the Lessee, and no other real estate interests will be granted which will, in the opinion of the District Engineer, interfere with the use of the premises by the Lessee. 2. PURPOSE: The property will be leased for the purpose of constructing, operating, and maintaining telecommunication tower facilities in furtherance of the Government's objective to obtain facilities and services adequate to meet the public and Governmental demand for telecommunications services. The minimum requirements deemed necessary to provide these services are described in attached Exhibit E, "TECHNICAL SPECIFICATIONS". 3. TERM: The lease will be granted for a term of Ten (10) years with options to renew for two (2) additional Five (5) year terms, subject to the concurrence of both parties, but subject to the termination provisions contained in the lease at Exhibit D. 4. RENTAL CONSIDERATION: a. The annual rental consideration for the lease will be paid in accordance with the terms of the lease attached as Exhibit D. The proposed ground lease rental consideration must be set forth by the applicant in Exhibit F, "APPLICATION FOR LEASE FORMAT". The Government will impose a charge, the amount to be determined by law or regulation, on late payment of rent or other payments due under the agreement for each 30-day period that the payment is overdue. The full late payment will also be applicable to periods of less than 30 days. In addition to the aforementioned charge, an administrative fee will be imposed to any late submittals of lease rental reports and late payments of rental. b. Upon Lessee execution of the lease, the Lessee shall pay a ONE THOUSAND SEVEN HUNDRED FIFTY AND No/100 DOLLARS ($1,750.00) application fee for administrative costs incurred by the United States in the processing of the lease. 5. GOVERNMENT'S RIGHT TO UTILIZE TOWER SPACE FOR ALL TOWERS At no cost to the Government, one (1) position will be reserved for exclusive use of the Government above the 160-foot level of each tower. Government reserves the right of first refusal for exclusive use, at fair market value of a second position if only one (1) remaining position is available above the 140-foot level of each tower. If the Government does not exercise its right of first refusal within thirty (30) days after the antenna position is made available to the Government, Lessee is authorized to sublease the position to any other acceptable third party. If the Government exercises the right of first refusal, Lessee's future rental consideration will be offset in an amount equal to the fair market value of the antenna position. 6. AUTHORITY OF LAW. The authority of law for granting this lease is Title 10, United States Code, Section 2667. 7. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA). An Environmental Condition of Property (ECP) has been executed by the Government for each of the three sites pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 41 USC 9601 et seq., to determine if there is evidence that the property has been the site of release, storage, or disposal of hazardous substances, and, if so, to identify the nature of any such substance, when it was on the property, and remedial actions taken. The ECP consists of a review of all pertinent records available to Savannah District, US Army Corps of Engineers, as well as a visual inspection of the site. The ECP will serve as documentation for the hazardous substances condition of the property. A copy of the ECP is available at Exhibit D to the Application for Lease. SECTION III - SUBMISSION INSTRUCTIONS TO APPLICANTS 1. APPLICATIONS SUBJECT TO THESE TERMS. All applications submitted shall be deemed to have been made with full knowledge of all the terms herein contained and any amendments made hereto. Applicants are expected to inspect the property and form their own conclusions as to its suitability for the stated purposes. Failure to make such inspection will not constitute grounds for any claim for adjustment or for the withdrawal of the Application after the time of opening of the Application. The Government makes no guaranty or warranty, either expressed or implied, with respect to the property. 2. APPLICATION SUBMISSION. Applications must be submitted in DUPLICATE and sealed in an envelope that is marked with the Lease number, and addressed to: US Army Corps of Engineers, ATTN: CESAS-RE-MM (Brubaker), 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3640. 3. SUBMISSION OF APPLICATIONS: It will be the responsibility of each applicant to have the Application for Lease delivered by the time and at the place prescribed herein. Applications will not be accepted after this time and date. Modifications to the Application for Lease may be made in a sealed envelope, in the same format as original Application for Lease submission, not later than 2:00 p.m., local time, November 11, 2009. Applications will be secured and unopened. No responsibility will attach for the premature opening of any Application for Lease not properly addressed and identified. 4. COVER LETTER. Applicant will submit a cover letter with the Application in the format provided at Exhibit G. SECTION IV - APPLICATION INFORMATION Applications must include all information requested by the Application Format at Exhibit F, plus any additional information considered pertinent, to include, but not limited to, the following. The following information will be required so the applicant can be evaluated based upon experience and qualifications. 1. GENERAL INFORMATION: Provide name, address and telephone number of the applicant and, if applicable, the name, address, and telephone number of a representative authorized to act on behalf of the applicant during the course of the project. 2. PLAN OF OPERATION AND DEVELOPMENT: Applicants must include a ten (10) year plan for management of the leased premises satisfactorily demonstrating the applicant's ability to properly administer the premises. At a minimum this plan shall include a ten-year plan for operation and development of the offered leased premises. The plan must provide details of proposed construction of facilities and appurtenances, including proposed upgrade and/or removal of any existing facility owned by the Government. The plans should provide sufficient detail of the design, construction schedules, project milestones and estimated costs for each year. The Plan of Operation and Development should identify individual employees/contractors in key positions and identify their duties and responsibilities as they relate to the business. Provide a preliminary budget, projected cash flow, estimated operating costs, and detailed plans of financing including identity of proposed lenders. Identify all interim and permanent sources of funds. 3. FINANCIAL CAPABILITY. (All financial data will be held in confidence.) a. If applicant is a corporation or limited partnership it must provide a current financial statement prepared by an independent Certified Public Accountant or by an independent licensed public accountant. It must also include a personal financial statement of the key owners/principals. b. If applicant is an individual or partnership he/she/they must provide a complete and current personal financial statement. c. Except for government agencies, provide the names, addresses, and telephone numbers of at least two commercial or institutional credit references from which the applicant has previously obtained financing. Attach a letter authorizing each credit reference to respond to inquiries from the Government. 4. EXPERIENCE AND QUALIFICATIONS. a. List any previous business endeavors and experiences that may support the requirements of this Application for Lease. b. Provide a description of management qualifications and experience. c. Provide third party personal and business references. d. If applicant is a corporation it must provide: (1) Articles of Incorporation and by-laws. (2) Names, addresses, and telephone numbers of principle corporate officers. (3) Corporate resolution authorizing the proposed transaction. (4) Summary of Corporate Activity. e. If applicant is a partnership it must provide: (1) The partnership agreement. (2) Names, addresses, and telephone numbers of members of the partnership. f. If applicant is a sole proprietor he/she must provide name, address, and telephone number. 5. APPLICANTS RESPONSIBILITY. The applicant has the responsibility to review the terms and conditions set forth in the Lease at Exhibit D. The successful applicant(s) will be required to execute a lease that substantially in conformance with those terms and conditions set forth therein. The applicant(s) are also responsible for knowing the condition of the premises proposed for lease. 6. BACKGROUND AND CREDIT CHECK. Information provided by the applicant may be used by the Government to conduct a comprehensive background and credit check. SECTION V - SELECTION CRITERIA 1. Evaluation criteria will include the following considerations to assist the Government in selecting the successful lease applicant: a. Plan of Operation and Development: Applicants must include a plan for management of the leased premises satisfactorily demonstrating the applicant's ability to properly administer the premises. At a minimum, this plan shall include a ten-year plan for operation and development of the leased premises. The plan must provide details of proposed construction of facilities and appurtenances, including proposed upgrade or removal of any existing facility owned by the Government. The plans should provide sufficient detail of the design, construction schedules, project milestones, and estimated costs for each year. The Plan of Operation and Development should identify individual employees/contractors in key positions and identify their duties and responsibilities as they relate to the business. Provide a preliminary budget, projected cash flow, estimated operating costs, and detailed plans of financing including identity of proposed lenders. Identify all interim and permanent sources of funds. b. Experience and background (1) Business experience (2) Current or previous work with Federal Government (3) Business and personal references c. Financial Capability (1) Bank references (2) Financial Statement (3) Financial Plan for ten years. d. Maximum benefit to the Government 2. CONFIDENTIALITY: Any information submitted in support of the Application will, upon request, be held in strict confidence by the United States, if disclosure might tend to subject the applicant to a competitive business disadvantage. SUCH INFORMATION SHOULD BE NOTICEABLY MARKED "CONFIDENTIAL" AT THE TOP OF EACH PAGE INVOLVED AND IDENTIFIED IN A COVER LETTER CONTAINING THE REQUEST. SECTION VI - AWARD AND ACCEPTANCE 1. PROCEDURE FOR AWARD: Following the opening of the Applications, the Government will analyze each Application to determine whether any require clarification. The Government may request in writing any additional data required, which may include further evidence of financial condition, ability to assume the obligations and responsibilities imposed by the lease, and other information the Government considers desirable. No applicant will be permitted to alter any pertinent factors contained in the original Application with this information. Failure to submit this information within such reasonable time as the District Engineer specifies may be the basis for rejecting the Application. 2. ACCEPTANCE OF APPLICATIONS: All applications may remain open for acceptance or rejection for ninety (90) days from the date of opening. Notice of award will be given as soon as practicable to the successful applicant personally, to a duly authorized representative, or in writing to the applicant at the address indicated in the Application. 3. REJECTION OF APPLICATIONS: The right is reserved, as the interests of the Government may require, to reject any and all Applications at any time, to waive any informality in Applications received, and to accept or reject any items of any Applications unless such Applications are qualified by specific limitation. 4. DEFAULT: In the event that the successful applicant fails to execute a lease within Thirty (30) days after receipt of Government notification that their Application has been accepted and applicant's receipt of a lease for execution, the Government may declare the applicant in default in writing giving the applicant 10 days to respond or correct the default. If the applicant remains in default, the Government may then select the next highest rated applicant. The Government may retain the Five Hundred Dollar application deposit as liquidated damages. 5. DISPUTES: Persons may dispute, in writing, the Terms of the Notice of Lease before lease applications are due to the District Chief of Real Estate who shall mail or otherwise furnish a written copy of the decision to the disputer. The District Chief of Real Estate should consider such dispute within 60 days of delivery, but may continue the leasing process. Except as otherwise provided in this Notice of Lease, any dispute, by a qualified lease applicant, concerning a question of fact or law arising under the application which is not disposed of by agreement may, within 30 days of the date of the government rejection letter to that applicant, be disputed to the District Chief of Real Estate who shall mail or otherwise furnish a written copy of the decision to the lease applicant. The decision of the District Chief of Real Estate shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the applicant mails or otherwise furnishes a written appeal to the Division Chief of Real Estate. In connection with any written dispute proceedings under this provision, disputing party should clearly (1) identify the lease in question; (2) identify contact parties, (3) state the reasons for the dispute, (4) provide documentation in support of the dispute, and; (5) state what is the desired result. The District Chief of Real Estate reserves the right to establish management objectives and requirements designed to achieve these objectives. These objectives are not subject to this disputes process. The District Chief of Real Estate will determine whether a lease should be stayed during the dispute process. There is a presumption that a lease should be awarded contingent on the outcome of the dispute process. Therefore, pending final decision of a dispute, a lessee awarded the lease shall proceed diligently with the performance of the lease and in accordance with the Chief of Real Estate's decision. This condition does not preclude consideration of questions of law by a court of applicable jurisdiction. EXHIBIT "A" LOCATION MAP Site No. 1 EXHIBIT "B" LOCATION MAP Site NO. 2 EXHIBIT "C" LOCATION MAP Site No. 3 EXHIBIT "D" LEASE LEASE NO. DACA21-1-09-4072 DEPARTMENT OF THE ARMY TELECOMMUNICATIONS TOWER LEASE LOCATED ON FORT BENNING CHATTAHOOCHEE COUNTY, GEORIGA THIS LEASE, made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and __________________________________, a corporation duly authorized and existing under and by virtue of the laws of the State of ________________, with its principal office in ________________, hereinafter referred to as the Lessee. WITNESSETH: The Secretary, by the authority of Title 10, United States Code, Section 2667, and for the consideration hereinafter set forth, hereby leases to the Lessee approximately ____ square feet of land identified as Site No. ____, hereinafter referred to as the premises, together with rights of ingress and egress, identified in Exhibit(s) ___________, attached hereto and made a part hereof, for the construction, operation, and maintenance of a telecommunications tower/monopole with ground support equipment. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby leased for a term of ten (10) years, beginning _____________ and ending __________, with the option to renew for two (2) additional five (5) year terms, subject to the concurrence of both parties, but subject to termination as hereinafter provided. 2. CONSIDERATION a. Annual Rental. The Lessee shall pay rental in advance to the United States in the amount of ___________ ($000.00) per annum, payable annually to the order of the Finance and Accounting Officer, Savannah District, and delivered to U.S. Army Engineer District, Savannah, ATTN: Chief, Real Estate Division, 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3640. The lease number must be indicated on the check. b. Administrative Fee. The Lessee shall pay ONE THOUSAND SEVEN HUNDRED FIFTY AND No/100 Dollars ($1,750.00) for administrative costs incurred by the United States in the processing of this instrument, payable to the order of the Finance and Accounting Officer, Savannah District, and delivered to U.S. Army Engineer District, Savannah, ATTN: Chief, Real Estate Division, 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3640. The lease number should be indicated on the check. c. Lease Renewal Consideration. If the lease is renewed in accordance with Condition 1. TERM, rental consideration for each additional five-year term will be determined by Government appraisal, and the Lessee will be assessed an administrative fee, as determined by current Department of Army regulation, for processing of all the renewal instruments. d. Prompt Payment of Rental Consideration. All rent and other payments due under the terms of this lease must be paid on or before the date they are due in order to avoid the mandatory sanctions imposed by the Debt Collection Act of 1982 (31 U.S.C. Section 3717). This statute requires the imposition of an interest charge for the late payment of debts owed to the United States; an administrative charge to cover the costs of processing and handling delinquent debts; and the assessment of an additional penalty charge on any portion of a debt that is more than ninety (90) days past due. The provisions of the statute will be implemented as follows: (1) The United States will impose an interest charge, the amount to be determined by law or regulation, on late payment of rent. Interest will accrue from the due date. An administrative charge to cover the cost of processing and handling each late payment will also be imposed. (2) In addition to the charges set forth above, the United States will impose a penalty charge of six percent (6%) per annum on any payment, or portion thereof, more than ninety (90) days past due. The penalty shall accrue from the date of delinquency and will continue to accrue until the debt is paid in full. (3)All payments received will be applied first to any accumulated interest, administrative and penalty charges and then to any unpaid rental or other payment balance. Interest will not accrue on any administrative or late payment penalty charge. e. Application Deposit. Lessee's application fee of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) will be credited to the Administrative Fee. 3. NOTICES All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee, to_____________________________________________________________________, and, if to the United States, to the District Engineer, U.S. Army Engineer District, Savannah, ATTN: Chief, Real Estate Division, 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3640, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper, addressed as aforesaid, and deposited postage prepaid in a post office regularly maintained by the United States Postal Service or a nationally-recognized overnight delivery service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "District Commander", or "said officer" shall include their duly authorized representatives. Any reference to "Lessee" shall include any sublessees, assignees, transferees, successors and their duly authorized representatives. 5. SUPERVISION BY THE GARRISON COMMANDER The construction, installation, operation, maintenance, repair or replacement of said facilities, including utility lines and culverts and other drainage facilities, shall be performed at no cost or expense to the United States and subject to the approval of the Garrison Commander, Fort Benning, Georgia, hereinafter referred to as said officer. Upon the completion of any of the above activities, the Lessee shall immediately perform site clean-up and restore the premises to the satisfaction of said officer. The use and occupation of the premises for the purposes herein granted shall be subject to such rules and regulations as said officer prescribes in writing from time to time. 6. APPLICABLE LAWS AND REGULATIONS The Lessee shall comply with all applicable Federal, state, county and municipal laws, ordinances, and regulations wherein the premises are located. 7. CONDITION OF PREMISES The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto. 8. TRANSFERS AND ASSIGNMENTS a. Without prior written approval by said District Commander, except as provided below, the Lessee shall neither transfer nor assign this lease or any part thereof nor grant any interest, privilege or license whatsoever in connection with this lease. The Lessee shall not sublet the premises or part thereof or any property thereon for any purpose other than telecommunication, nor grant any interest, privilege, or license whatsoever in connection with this lease without permission in writing from the said officer. b. The Lessee may sublease space, on the towers for the installation of telecommunication antennas together with portions of the leased land for related equipment. Any sublease for telecommunication antennas and related equipment granted by the Lessee must comply with this lease agreement and include a copy of the lease as an attachment to the sublease. The sublease will contain a provision satisfactory to the Government that the controlling agreement is this lease, and in no manner will the sublease be considered by the parties therein to expand or limit the terms and conditions of the lease or the right and responsibilities of the Government or the Lessee as set forth in the lease. A sublease will require documentation that an electromagnetic compatibility analysis has been completed by the Department of Defense Joint Spectrum Center (DoD JSC), Annapolis, Maryland and other documentation deemed necessary by said officer. c. A copy of each sublease agreement, upon execution by the Lessee and Sublessee, will be furnished to the District Commander, US Army Corps of Engineers and delivered to the District Commander, US Army Engineer District, Savannah, ATTN: Chief, Real Estate Division, 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3640. The fees charged by the Lessee as consideration for the sublease shall be based on no less than the current fair market value as determined by the Lessee and approved by the Secretary. The Secretary shall receive ____% of each sublease granted by the Lessee. All rental consideration will be payable in advance to the Government. The Lessee shall be responsible for collecting all rents from the sublessees and remitting the Government's share to the Finance and Accounting Officer, Savannah District. Initial payment to the Government for a sublease will be due upon execution of the sublease agreement and will reflect prorated payment from the effective date of the sublease through the anniversary date of the lease. Subsequent payments must be included with the Lessee's rental payment which is due annually in advance. d. This Agreement may be sold, assigned or transferred by the Lessee, without any prior approval or consent of the government to the Lessee's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of the Lessee's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. 9. LESSEE'S FINANCIAL ARRANGEMENTS The Secretary acknowledges that Lessee may enter into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee's facilities with a third party Financing Entity (and may in the future enter into additional financing arrangements with other Financing Entities). The Lessee shall provide the District Commander written notification of any Financing Entity entitled to any notice under the lease. In connection therewith, the Secretary agrees not to seize said equipment by reason of Lessee's default, unless that default is due to nonpayment of rent or utilities or other nonperformance by Lessee under the lease for which an opportunity to cure, if applicable, has been provided. If the Secretary seizes Lessee's equipment, he will make that equipment available for Lessee or Lessee's Financing Entity to retrieve upon payment of amounts due including reasonable costs associated with the seizure. 10. PROTECTION OF PROPERTY The Lessee shall keep the premises in good order and in a clean, safe condition by and at the expense of the Lessee. The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease, and shall exercise due diligence in the protection and maintenance of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 11. INSURANCE a. At the commencement of this lease, the Lessee shall obtain liability insurance from a reputable insurance company or companies. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices or a minimum combined single limit of $1,000,000, whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons resulting from the operations of the Lessee under the terms of this lease. The Lessee shall require its insurance company to furnish to the District Commander a copy of the policy or policies, or if acceptable to the District Commander, certificates of insurance evidencing the purchase of such insurance. The minimum amount of liability insurance coverage is subject to revision by the District Commander every three (3) years or upon renewal or modification of this lease. b. The insurance policy or policies shall be of comprehensive form of contract and shall specifically provide protection appropriate for the types of facilities, services and activities involved. The Lessee shall require that the insurance company give the District Commander at least thirty (30) days' written notice of any cancellation or change in such insurance. The District Commander may require closure of any or all of the premises during any period for which the Lessee does not have the required insurance coverage. c. As to those structures and improvements on the premises constructed by or owned by the United States, for such periods as the Lessee is in possession of the premises pursuant to the terms and conditions of this lease, the Lessee shall procure and maintain at the Lessee's cost a standard fire and extended coverage insurance policy or policies on the premises to the full insurable value thereof. The Lessee shall procure such insurance from a reputable company or companies. The Lessee shall require its insurance company to furnish to the District Commander a copy of the policy or policies, or if acceptable to the District Commander, a certificate of insurance evidencing the purchase of such insurance. The insurance policy shall provide that in the event of loss thereunder, the proceeds of the policy or policies, at the election of the United States, shall be payable to the Lessee to be used solely for the repair, restoration or replacement of the property damaged or destroyed, and any balance of the proceeds not required for such repair, restoration or replacement shall be paid to the United States. If the United States does not elect by notice in writing to the insurer within sixty (60) days after the damage or destruction occurs to have the proceeds paid to the Lessee for the purposes hereinabove set forth, then such proceeds shall be paid to the United States; provided, however, that the insurer, after payment of any proceeds to the Lessee in accordance with the provision of the policy or policies, shall have no obligation or liability with respect to the use or disposition of the proceeds by the Lessee. Nothing herein contained shall be construed as an obligation upon the United States to repair, restore or replace the premises or any part thereof. 12. RIGHT TO ENTER The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with Government purposes, to make inspections, to remove timber or other material, except property of the Lessee, and/or to make any other use of the lands as may be necessary in connection with Government purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 13. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the Lessee, or for damages to the property or injuries to the person of the Lessee's officers, agents or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the Lessee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 14. RESTORATION On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to said officer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the said officer may designate or as otherwise specified by the provisions of Condition 20. RENTAL ADJUSTMENT. Title to all improvements placed or constructed on the premises by the Lessee shall remain with the Lessee. However, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of the said officer, the property shall either become the property of the United States without compensation therefor, or the said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States in restoring the premises after the expiration, revocation, or termination of this lease. 15. NON-DISCRIMINATION The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs, or activities conducted on the premises because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. 16. SUBJECT TO OTHER THIRD PARTY INTERESTS. This lease is subject to all existing third party interests in the premises to include, but not limited to, easements, licenses, permits, or leases, previously granted, as well as established access routes for roadways and utilities located or to be located on the premises. The proposed grant by the Government of any new easement or route will be coordinated with the Lessee, and no other real estate interests will be granted which will, in the opinion of the District Commander, interfere with the use of the premises by the Lessee. 17. SUBJECT TO MINERAL INTERESTS This lease is subject to all outstanding mineral interests. As to federally-owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM) which has responsibility for mineral development on federal lands. The Secretary will provide lease stipulations to BLM for inclusion in said mineral leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local law. 18. TERMINATION BY THE LESSEE This lease may be terminated by the Lessee at any time by giving the District Commander at least thirty (30) days' notice in writing; provided, that no refund by the United States of any rental previously paid shall be made, and provided further, that in the event that said notice is not given at least thirty (30) days prior to the rental due date, the Lessee shall be required to pay the rental for the period shown in Condition 2. CONSIDERATION 19. TERMINATION BY THE GOVERNMENT. The Secretary can terminate this lease as follows: a. NON-COMPLIANCE. The Secretary can terminate this lease if Lessee fails to comply with any of the terms and conditions specified herein by the issuance of at least thirty (30) days' written notice; provided, that the Lessee has not made diligent attempts to cure. The Lessee shall have no claim for damages. b. INSOLVENCY OR BANKRUPTCY: The Secretary may terminate this lease and re-enter and take possession of the property upon issuance of at least five (5) days' written notice to the Lessee if it is determined that Lessee's assets are assigned to a trustee for the benefit of creditors. c. BREACH OF THE LEASE BY THE LESSEE; d. TERMINATION DUE TO NATIONAL EMERGENCY. The Government may revoke or terminate this lease in whole or in part as set out above or in the event of; (1) during any national emergency declared by the President of the United States or Congress, the Secretary of the Army determines that a termination is necessary; or (2) the Secretary of the Army determines that termination of the lease is required for military purposes or is necessary in the interests of national defense; or (3) base closure, deactivation, or substantial realignment of the installation; or (4) The Lessee will be given at least thirty (30) days prior written notice by the District Commander in the event this lease is revoked or terminated in accordance with this condition, except for condition 20(2) above where advance notice to the Lessee shall not be required. In lieu of revocation for violation of the terms and conditions of this lease, the Government may exercise any other available legal remedy. 20. RENTAL ADJUSTMENT In the event the Secretary revokes this lease or in any other manner materially reduces the leased area or materially affects its use by the Lessee prior to the expiration date, an equitable adjustment will be made in the rental paid or to be paid under this lease. Such adjustment of rental shall be evidenced by a supplemental agreement in writing; provided, however, that none of the provisions of this condition shall apply in the event of revocation because of noncompliance by the Lessee with any of the terms and conditions of this lease. 21. PROHIBITED USES The Lessee shall not permit gambling on the premises or install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. The Lessee shall not sell, store or dispense, or permit the sale, storage, or dispensing of beer or other intoxicating liquors on the premises. 22. NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises except as authorized in writing by said officer. 23. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 601-613) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act. b. "Claim", as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to this lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. The routine request for rental payments that are not in dispute is not a claim under the Act. The request may be converted to a claim under the Act, by this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. c. (1) A claim by the Lessee shall be made in writing and submitted to the District Commander for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the District Commander. (2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that -- (i) the claim is made in good faith; (ii) supporting data are accurate and complete to the best of the Lessee's knowledge and belief; and (iii) the amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable. (3) (i) If the Lessee is an individual, that individual shall execute the certification. (ii) If the Lessee is not an individual, the certification shall be executed by -- (A) a senior company official in charge of the Lessee's location involved; or (B) an officer or general partner of the Lessee having overall responsibility for the conduct of the Lessee's affairs. d. For Lessee claims of $100,000 or less, the District Commander must, if requested in writing by the Lessee, render a decision within sixty (60) days of the request. For Lessee-certified claims over $100,000, the District Commander must, within sixty (60) days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The District Commander's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the District Commander or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certification described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the District Commander receives the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the District Commander receives the claim and then at the rate applicable for each six-month period as fixed by the Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by the Lessee will have interest and penalties as set out in Condition 2. CONSIDERATION. h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, or action arising under the lease, and comply with any decision of the District Commander. 24. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this lease shall protect the premises against pollution of its air, ground, and water. The Lessee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this lease. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from activities of the Lessee, the Lessee shall be liable to restore the damaged resources. c. The use of any pesticides or herbicides within the premises is strictly prohibited. 25. ENVIRONMENTAL CONDITION OF PROPERTY (ECP) An Environmental Condition of Property (ECP) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon, is attached hereto and made a part hereof as Exhibit D. Upon expiration, revocation or relinquishment of this lease, another ECP shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with Condition 15. RESTORATION. 26. HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural, or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 27. SOIL AND WATER CONSERVATION The Lessee shall maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the Lessee during the term of this lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by the said officer. 28. TAXES Any and all taxes imposed by the state or its political subdivisions upon the property or interest of the Lessee in the premises shall be paid promptly by the Lessee. If and to the extent that the property owned by the Government is later made taxable by state or local governments under an Act of Congress, the lease shall be renegotiated. 29. COVENANT AGAINST CONTINGENT FEES 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, excepting bona fide employees or established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 30. 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 benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if this lease is for the general benefit of such corporation or company. 31. SEVERAL LESSEES If more than one Lessee is named in this lease, the obligations of said Lessees herein contained shall be joint and several obligations. 32. MODIFICATIONS This lease contains the entire agreement between the parties hereto, and no modification of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative and this provision shall apply to this condition as well as all other conditions of this lease. 33. DISCLAIMER This lease is effective only insofar as the rights of the United States in the premises are concerned, and the Lessee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this lease does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U. S. C. § 403), and Section 404 of the Clean Water Act (33 U. S. C. § 1344). 34. LABOR MATERIAL EQUIPMENT AND SUPPLIES Lessee shall bear the sole responsibility for furnishing and paying for all labor, materials, equipment and supplies used in conjunction with the exercise by the Lessee of any right granted hereunder, unless specifically absolved from said responsibilities elsewhere within this lease. 35. DESTRUCTION BY UNAVOIDABLE CASUALTY If the premises shall be destroyed or be so totally damaged by fire or other unavoidable casualty so as to render the premises untenantable, wholly or in part, then payment of rent shall cease and either party may forthwith terminate this lease by written notice to that effect. If part of the premises were rendered untenantable, rental payment may be apportioned to reflect the part remaining usable to Lessee. 36. SUB-CONTRACTORS AND AGENT FOR LESSEE All work must be performed by skilled tradesmen who are accomplished at their craft and bonded against loss due to damages resulting directly or indirectly from work performed. 37. EXAMINATION OF RECORDS The Secretary or any of his duly authorized representatives shall, until expiration of three (3) years after final payment under this lease, have access to and the right to examine any directly pertinent books, documents, papers, and/or records of the Lessee involving transactions relating to lease of this site. 38. RADIO FREQUENCY INTERFERENCE The installation, operation and maintenance of Lessee's equipment will in no manner, interfere with users already operating on or in the vicinity of the premises. In the event Lessee or its equipment causes interference as noted above, then Lessee shall, at its expense, eliminate such interference within twenty-four (24) hours of receipt of notice of such interference. Lessee will not re-use its equipment until such interference is permanently eliminated (except for brief testing which must be coordinated with the said officer). In the event Lessee is not able to permanently eliminate such interference within thirty (30) days from receipt of said officer's notice, then the Secretary may terminate this lease immediately. 39. COORDINATION OF ELECTRICAL/COMMUNICATIONS CONNECTION, ETC. Installation of any antennas, cabling, and related equipment shall be done in accordance with existing Federal, state and municipal codes, including the National Electrical Code and any other codes which directly relate to the issues of communication equipment and/or antennas. In any case, where codes differ, the more stringent application shall prevail. All work shall be done by personnel who are bonded and licensed tradesmen. Lessee is required to coordinate installation of all electrical connections that tie into building systems that would be affected. Nothing in this condition shall be construed as diminishing the right of the Government to review and approve all such work, nor does it absolve Lessee from its obligation to obtain such review and approval. The requirements of this condition are above and beyond the requirements for the Government's review and approval. 40. UTILITIES a. The Lessee shall pay the cost, as determined by the officer having jurisdiction over the premises, of producing and/or supplying any utilities and other services furnished by the Government for the use of the Lessee, including the Lessee's proportionate share of the cost of operation and maintenance of the Government-owned facilities by which such utilities or services are produced or supplied. Payment shall be made in the manner prescribed by the officer having such jurisdiction. If required by the installation, the Lessee shall be responsible, at its expense, for the installation of utility meters. Specifications for the utility meters will be obtained from said officer. b. In the event all or any portion of the premises utilized for utility lines shall be needed by the United States, or in the event the existence of said utility lines is determined to be detrimental to Governmental activities, the Lessee shall from time to time, upon notice to do so, and as often as so notified, remove said facilities to such other location as may be designated by said officer. In the event said facilities shall not be removed or relocated within ninety (90) days after such notice, the United States may cause such relocation at the sole expense of the Lessee. 41. AUTHORIZED USE AND CONSTRUCTION APPROVAL The Lessee is only authorized to construct, operate, and maintain a telecommunications tower and related support equipment on the premises. The Lessee shall not construct or place any structure, improvement or advertising sign or allow or permit such construction or placement without prior written approval of the said officer. All initial and future construction plans and specifications shall be approved by the said officer in writing prior to commencement of construction. Installation of any antennas by the Lessee or any sublessee and/or any changes which affect characteristics of the site, such as radiated power, frequency band, etc., will require approval of said officer and analysis by the DoD JSC prior to installation. A copy of the approved analysis must be provided to the said officer. 42. LESSEE PERFORMANCE The failure of the United States to insist in any one or more instances upon strict performance of any of the terms, covenants, or conditions of the lease shall not be construed as a waiver or relinquishment of the Government's right to the future performance of any such terms, covenants, or conditions, but the obligations of the Lessee with respect to such future performance shall continue in full force and effect. 43. GOVERNMENT'S RIGHT TO UTILIZE TOWER SPACE At no cost to the Government, one (1) position will be reserved for exclusive use of the Government above the 160-foot level of each tower. Government reserves the right of first refusal for exclusive use, at fair market value of a second position if only one (1) remaining position is available above the 140-foot level of each tower. If the Government does not exercise its right of first refusal within thirty (30) days after the antenna position is made available to the Government, Lessee is authorized to sublease the position to any other acceptable third party. If the Government exercises the right of first refusal, Lessee's future rental consideration will be offset in an amount equal to the fair market value of the antenna position. THIS LEASE is not subject to Title 10, United States Code, Section 2662, as amended. SIGNATURE PAGES FOLLOW IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this ________________day of ________________, 20. ________________________________________ ______________________________ Witness (1) ______________________________ Witness (2) Notary Public THIS LEASE is also executed by the Lessee this ________day of ______________________, 20 By: ____________________________________ Name: ______________________________ Title: _______________________________ ______________________________ Witness (1) ______________________________ Witness (2) Notary Public CORPORATE CERTIFICATE I, __________________________, certify that I am the _________________________ of the corporation named as Lessee in the foregoing lease; that ________________________________, who signed said lease on behalf of the Lessee, was then ______________________________ of the corporation; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Signature: _______________________________ Date: ____________________________________ (SEAL) EXHIBIT "E" TECHNICAL SPECIFICATIONS ALL TOWER SITE SPECIFICATIONS: Loading criteria for a 200' multi-carrier (8) vendor position tower (Free Standing). Levels will need 10-15 feet separation. Wind Load: 120-MPH basic wind speed per standard EIA/TIA-222-F. Ice Load: ½" radial ice with 25% load reduction. Quotes shall be based on "normal" soil until a soil analysis can be performed. Lessee shall provide a Controlled Environmental Vault (CEV) with propane power back-up unit suitable for 36 hour run time. 100 ft x 100 ft fenced and grounded area. Lessee shall be responsible for all incurred costs to include FAA and JSC requirements. SITE NO. 1: Ruth Range COORDINATES: 32° 31' 36.8"N / 084° 44' 53.2"W SITE NO. 2: Griswald Range COORDINATES: 32° 16' 48" N / 084° 54' 14" W SITE NO. 3: Davis Hill Road COORDINATES: 32° 21' 34.05"N / 084° 55' 39.03"W EXHIBIT "F" APPLICATION FOR LEASE FORMAT APPLICATION FOR LEASE PROPOSAL FOR TELECOMMUNICATIONS PURPOSES FORT BENNING, GEORGIA Figures Represent Cumulative Amounts for all three sites 1. Proposed Annual Rental Paid to Government: $ ____________ 2. Maximum Number of Subleases: _____________ 3. Estimated Annual Sublease Revenue: $ ____________ 4. Sublease Revenue Percentage Paid to Government (%) ______ _____ 5. Construction Time to Complete (No. Days): ________ _ 6. Estimated Total Site Development Costs Paid by Lessee $ ___________ 7. The following information is attached as part of this Application: a. [ ] General Information (Section IV, Paragraph 1) b. [ ] Plan of Operation and Development (Section IV, Paragraph 2) c. [ ] Financial Capability Data (Section IV, Paragraph 3) d. [ ] Experience and Qualifications (Section IV, Paragraph 4) e. [ ] Cover Letter (Section III, Paragraph 4) TYPED NAME: ___________________________________ TITLE:_________________________________________________ SIGNATURE: __________________________________________ DATE: ________________ COMPANY NAME:_______________________________________________________________________ COMPANY ADDRESS:____________________________________________________________________ EXHIBIT "G" COVER LETTER NOTE: A COVER LETTER IN THIS FORMAT MUST BE ATTACHED TO THE FRONT OF THE APPLICATION. The application must be submitted in duplicate. APPLICATION FOR LEASING UNITED STATES REAL PROPERTY AT FORT BENNING, GEORGIA TO: U.S. ARMY CORPS OF ENGINEERS SAVANNAH DISTRICT ATTN: CESAS-RE-MM 100 WEST OGLETHORPE AVENUE SAVANNAH, GEORGIA 31401-3640 REQUEST FOR APPLICATION FOR LEASE NO. DACA21-1-09-4072 Dear Sir: The undersigned _____________________________________, a corporation existing under the laws of the State of ____________________, or a partnership consisting of _________________________________________, (Names of all partners) or an individual trading as _______________________________________, in accordance with the requirements of the Application for Lease, have enclosed two copies of a completed Application for Lease, and does propose and agree to the following: To pay annual rental in accordance with the lease format (Exhibit D) included in the application. To provide and furnish all facilities and services required in the application for lease and such other facilities as are named in this Application, unless the District Commander, US Army Engineer District, Savannah waives the requirement in writing. To execute a lease containing the terms and conditions included in the lease form attached as Exhibit D to the application for lease within ten (10) days after it is presented to me (us) by the District Commander. To warrant that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement of understanding for a commission, percentage, brokerage or contingent fee, excepting bona-fide employees or by the applicant for the purposes of securing business. For breach or violation of this warranty, the Government shall have the right to annul the lease without liability, or, in its discretion, to require the Lessee to pay the full amount of such commission, percentage, brokerage, or contingent fee in addition to rental. To furnish such additional information and data pertaining to my (our) qualifications, development plan, proposed facilities and services, etc. have been completed and attached to the application for lease and made a part hereof. Have reviewed and understand the terms and conditions of the lease provisions and the conditions of the premises proposed for lease are known and that the Government reserves the right to include any additional conditions determined to be reasonable and proper to protect the Government's interests. A money order, certified check, or cashier's check made payable to the Finance and Accounting Officer (FAO), Savannah District, in the amount of FIVE HUNDRED DOLLARS ($500.00), to cover the deposit required in the application for lease is enclosed. TYPED NAME: ___________________________________ TITLE:_________________________________________________ SIGNATURE: _____________________________________ DATE: ________________________________________________ COMPANY NAME:_______________________________________________________________________ COMPANY ADDRESS:____________________________________________________________________ EXHIBIT "H" ENVIRONMENTAL CONDITION OF PROPERTY SITE NO. 1 RUTH RANGE SITE NO. 2 GRISWALD RANGE SITE NO. 3 - DAVIS HILL ROAD
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USA/COE/DACA21/BENN4072/listing.html)
Place of Performance: Address: 3 sites located on Fort Benning, Georgia, Fort Benning, Georgia, 31905, United States; Zip Code: 31905
Record: SN01986158-W 20091017/091015235240-97ad06c0c73318be35755fe4f660f9ce (fbodaily.com)
Source: FedBizOpps Link to This Notice
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