HomeMy WebLinkAboutResolution - 6205 - Lease - USAF - Building Number 76 Davis Drive - 02_25_1999Resolution No. 6205
Item No. 20
February 25, 1999
RESOLUTION
WHEREAS, the Lubbock Police Department must aggressively
recruit and train to fill vacancies in the Lubbock Police Department in
order to maintain the functions of the Department; and,
WHEREAS, the Lubbock Police Department is in need of an
improved police academy facility for the training of police recruits and for
in service training; and,
WHEREAS, with the closure of Reese Airforce Base a building
that can provide space for an expanded and improved police academy has
become available; and,
WHEREAS, this CUtneil has resolved that application be made
Under the Federal Surplus Property Transfer Program For the transfer or
conveyance 01' surplus real and related personal property to include a
building, parking area, furnishings, and certain personal property located
at Reese Airforce Base, Building Number 76, Davis Drive, Lubbock
County, Texas, to be used as a police academy for the training of recruits
and for in service training and related uses; and,
WHEREAS, it is desirable and necessary that the police academy
have access to this facility prior to transfer of the property to the City;
NOW THEREFORE BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Lease with the Department of the United States Air Force for
the lease of Building Number 76, Davis Drive, Lubbock County, Texas,
including parking area, funushings and certain personal property located
thereat, for a period of up to five years, to be used for police academy
purposes_ A copy of the lease, with exhibits, is attached hereto and shall
be spread upon the minutes of the Council and as spread upon (lie minutes
of the COunCII shall constitute and be a part of the Resolution as if fully
copied herein.
Passed by the City Council this 25 day of _ February , 1999•
I Y SIT" N, MAi
ATTEST:
K 1, C' � - eetfrry _
P,eC- L { 2� - C
APPROVED AT TO CONTENT:
S_
�! Ken A. Walker�f Police
APPROVED AS TO FORM:
Dan a ir'; ssis ity Attorney
itvatt;l)asllt�su�`AC'n I_;SnF Icase.I){)C"
Resolution No. 5205
Item No. 20
February 25, 1999
Lease No. BCA-REE-12-99-0201
DEPARTMENT OF THE AIR FORCE
LEASE
REESE AIR FORCE BASE
(installation name)
LUBBOCK, TEXAS
(city and state)
(called the "Base" in this Lease)
Product of:
.Air Force Base Conversion Agency
1700 North Moore Street
Suite 2300
Arlington, VA 22209
DEPARTMENT OF THE AIR FORCE
LEASE
Table of Contents
CONDITIONS
Page Number
1. Basic Lease Provisions.......................................................................................... 1
2. Definitions.............................................................................................................. 2
3. Easements and Right of Way............................................................................... 2
4. Condition of Leased Premises.............................................................................. 3
5. Rent......................................................................................................................... 4
6. Other Agreements................................................................................................. 4
7. Use of Leased Premises......................................................................................... 5
8. Default and Termination...................................................................................... 5
9. Taxes....................................................................................................................... 6
10. Surrender of Leased Premises........................................................................... 6
11. Environmental Protection.................................................................................. 6
12. Maintenance of Leased Premises....................................................................... 12
13. Damage to Government Property...................................................................... 12
14. Access and Inspection......................................................................................... 12
15. General Indemnification by Lessee................................................................... 12
16. Insurance.............................................................................................................. 13
17. Compliance with Applicable Laws..................................................................... 16
18. Construction and Alterations............................................................................. 16
19. Utilities and Services........................................................................................... 17
20. Notices.................................................................................................................. 19
21. Assignments, Subleases, and Licenses.............................................................. 19
22. Historic Property................................................................................................ 20
23. Disputes................................................................................................................ 21
24. General Provisions.............................................................................................. 22
25. Restrictions of Use of Leased Premises............................................................. 24
26. Government Representatives and Their Successors ........................................ 26
27. Amendments........................................................................................................ 26
28. Government Control of Base............................................................................. 26
29. Liens and Mortgages.......................................................................................... 26
30. Notice of Hazardous Substances....................................................................... 27
31. Reporting to Congress....................................................................................... 27
32. Exhibits................................................................................................................ 27
33. Modification........................................................................................................ 28
THIS LEASE is made as of the Fifth day of February 1999, by and between the Secretary of the Air
Force ("Government" or "Air Force") and the City of Lubbock, TX, a Home Rule City organized pursuant to
Article XI, Section 5 of the Texas Constitution existing under the laws of the State of Texas (Lessee). The
Government and the Lessee may be referred to jointly as the "Parties," and each separately as a "Party."
The Secretary of the Air Force, under the authority contained in 10 U.S.C. § 2667, has determined
that this Lease will facilitate State and local economic adjustment to the impacts resulting from the closure of
the Base, and that leasing the property hereunder will be advantageous to the United States and in the public
interest.
NOW, THEREFORE, the Secretary of the Air Force, by virtue of the authority conferred by law, for
the consideration set forth below, hereby leases to the Lessee the Leased Premises (as identified herein) on an
interim basis pending final disposal pursuant to the Base Closure Law subject to the following conditions:
1. Basic Lease Provisions
I.I. Leased Premises. The Leased Premises consists of Building 76 with total approximate acreage
of 1.5 acres. Exhibit A describes the Leased Premises and Exhibit B shows the Floor Plan of the Building
with the area layout.
1.2. Term. This Lease shall be for a one (1) year term beginning upon the execution of the Lease by
the Parties (Term Beginning Date) and ending one (1) year from the date of execution, and continuing from
year to year thereafter, but in no event later than five (5) years from the date of original execution, unless
terminated as specified elsewhere in this lease.
1.3. Rent. Consideration for this lease is for protection, preservation, and maintenance of the leased
Premises pursuant to Condition 12 of this lease.
1.4. Use. The Leased Premises shall be used for education and related purposes to include, the
operation of a police academy for the recruiting of police officers and for the continuing academic, technical,
vocational, and physical education of law enforcement or City personnel, together with, and not limited to
such education as may be required to maintain peace officer certification or other qualifications relating to
government, and for no other purposes subject, to all applicable provisions of this Lease.
1.5. Government's Address.
AFBCA/DC Reese (Site Manager)
9801 Reese Boulevard North, Suite 300
Lubbock, TX 79416
PHONE (806) 885-5010 FAX (806) 885-5022
1.6. Lessee's Address.
Captain Bill Townley, LPD
P.O. Box 2000
Lubbock, TX 79457
PHONE (806) 775-2960 FAX (806) 775-3023
1.7. Environmental Baseline Survey (EBS) Date: November 1996 EBS Supplement(s) Date(s):
December 21, 1998.
Page I
2. Definitions
2.1. Leased Premises. The Leased Premises includes the real property on the Base as
described in Exhibit A hereto and shown on Exhibit B hereto, together with the right of the Lessee
and its officers, employees, invitees, licensees, agents, and contractors, in common with the
Government, its officials and employees, and its other lessees, licensees, invitees, agents, and
contractors, to use the streets, common driving areas, sidewalks, and walkways on the Base for
access to and from public streets and highways (the "Leased Premises"), and certain personal
property, if any, identified in Exhibit A (the "Personal Property"). The Personal Property is an
integral part of the Leased Premises and may only be used by the Lessee in connection with its use
of the real property included in the Leased Premises. The Lessee may not sell, transfer, donate, or
otherwise dispose of any of the Personal Property, or remove any of the Personal Property for use
elsewhere.
2.2. Base Closure Law. The provisions of Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Pub. L. No. 100-526, 102 Stat. 2623, 10
U.S.C. § 2687 note), or the Defense Base Closure and Realignment Act of 1990, (Pub. L. No.
101-510, Part A of Title XXIX of 104 Stat. 1808, 10 U.S.C. § 2687 note), as amended.
2.3. Federal Facility Agreement (FFA). An agreement between the Air Force, the U.S.
Environmental Protection Agency (EPA), and the appropriate State authority with jurisdiction
over the installation, for the environmental remediation of facilities, entered into in accordance
with the Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA), as amended, and implementing regulations.
2.4. Site Manager. The senior Government representative with responsibility for
overseeing day to day closure matters for the Base.
2.5. Installation Restoration Program (IRP). The Department of Defense -wide program to
identify, investigate, and clean up contaminated areas on military installations.
3. Easements and Rights of Way
3.1. This Lease is subject to all existing easements, rights -of -way, and rights in the nature
of an easement or right-of-way (collectively "Outgrants") with respect to the Leased Premises. The
Government shall have the right to grant additional Outgrants with respect to the Leased
Premises. However, any such additional Outgrants shall not be inconsistent with the Lessee's use
of the Leased Premises under this Lease.
3.2. The holders of such Outgrants, present or future, shall have reasonable rights of
ingress and egress over the Leased Premises in order to carry out the purpose of the Outgrant.
These rights may also be exercised by workers engaged in the construction, installation,
maintenance, operation, repair, or replacement of facilities located on the Outgrants, and by any
Federal, State, or local official engaged in the official inspection thereof.
3.3. The United States and any successor or successors in interest in or to any property
owned or controlled by the Government and not included in the Leased Premises shall have the
Page 2
right of access to and from such property or any portion thereof to the nearest public road or
public way along roadways as described in Exhibit A and shown on Exhibit B hereto, in common
with other users of the Leased Premises, and all necessary and convenient rights of access to such
roadways from contiguous parcels at no cost, but upon such reasonable terms and conditions
regarding use as the Lessee may impose.
4. Condition of Leased Premises
4.1. The Lessee agrees that it has inspected, knows, and accepts the condition and state of
repair of the Leased Premises. It is understood and agreed that they are leased in an "as is, where
is" condition without any representation or warranty by the Government concerning their
condition, and without obligation on the part of the Government to make any alterations, repairs,
or additions. The Government shall not be liable for any latent or patent defects in the Leased
Premises. The Lessee acknowledges that the Government has made no representation or warranty
concerning the condition and state of repair of the Leased Premises nor any agreement or promise
to alter, improve, adapt, or repair them which has not been fully set forth in this Lease.
4.2. Prior to the Term Beginning Date, the following reports will be prepared by the
Government and attached as exhibits:
4.2.1. A physical condition report (PCR) signed by representatives of the
Government and the Lessee is attached hereto as Exhibit C. The PCR sets forth the agreed
physical appearance and condition of the Leased Premises on the Term Beginning Date as
determined from a joint inspection of them by the Parties. A videotape of the Leased Premises
shall be made by the Parties at the time that they inspect them for use in the preparation of the
PCR. The videotape shall be preserved by the Government for the term of this Lease and for a
period of one (1) year thereafter.
4.2.2. An environmental condition report (ECR), signed by representatives of the
Government and the Lessee is attached hereto as Exhibit D. The ECR sets forth those
environmental conditions and matters on and affecting the Leased Premises on the Term
Beginning Date, as determined from the records and analyses reflected therein.
4.3. At the expiration or earlier termination or revocation of this Lease, the following
reports will be prepared by the Government and attached as exhibits and made a part of this Lease
within ten (10) business days after the Lessee vacates the Leased Premises:
4.3.1. An update of the PCR, signed by representatives of the Government and the
Lessee, which shall be attached as Exhibit C-1 to this Lease, shall be completed on the termination
of this Lease. The update of the PCR will set forth the agreed physical appearance and condition
of the Leased Premises on the ending date of this Lease as determined from a joint inspection of
them by the Parties.
4.3.2. An update of the ECR, signed by representatives of the Government and the
Lessee, which shall be attached as Exhibit D-1 to this Lease, shall be completed on the termination
of this Lease. The update of the ECR will set forth those environmental conditions and matters on
and affecting the Leased Premises on the ending date of this Lease as determined from the records
and analyses reflected therein.
Page 3
4.4. In the event any information/data in any written report prepared pursuant to the
provisions of Conditions 4.2 and 4.3 above (Condition Report Information/Data) conflicts with any
information/data developed and used in connection with the FFA for the Base (FFA Information/
Data), the FFA Information/Data will take precedence over the Condition Report
Information/Data.
5, Rent
5.1. If the rent commences on a day other than the first day of a calendar month, that
portion of the rent which is payable for the period shall be prorated based on the number of days
in that month.
5.2. Rent and other payment obligations must be paid on the due date without demand,
notice, deduction, offset, or counterclaim, in order to avoid the application of the Debt Collection
Act of 1982 (31 U.S.C. § 3701 and 3711-3719).
5.3. The Lessee shall pay to the Government on demand any sum which may have to be
expended after the expiration or termination of this Lease in restoring the Leased Premises to the
condition required by Condition 10.
5.4. The Lessee also shall provide as consideration for this Lease protection and
maintenance of the Leased Premises in accordance with this Lease and usual Government
standards or as otherwise expressly directed by the Site Manager.
5.5. All payments which may be due under this Lease shall be made payable to the
Treasurer of the United States and forwarded by the Lessee directly to:
AFBCA/FM
Chief, Resource Management
1700 N. Moore St., Suite 2300
Arlington, VA 22209-2802
A copy of any payment instrument or transmittal letter shall also be sent to the address specified
in Condition 1.5.
6. Other Aereements
6.1. If applicable, the Operating Agreement (OA) for the Leased Premises attached hereto
as Exhibit E is incorporated into this Lease by reference. In the event of any amendment to the
OA, the amended OA will be deemed to be incorporated into this Lease in lieu of the existing one.
In the event of any inconsistency between any provisions of the OA, as it presently exists or may be
amended in the future, and any provisions of this Lease, the provisions of this Lease will control.
Page 4
7. Use of Leased Premises
7.1. This Lease authorizes the interim use of land and facilities for purposes described in
Condition 1.4 which will promote economic development and the creation of new jobs to facilitate
the local community's economic adjustment to impacts resulting from closure of the installation
and not interfere with, delay, or retard the disposal of the property by the Government. The
Leased Premises shall not be used for any other purpose without the prior written consent of the
Government.
7.2. The Lessee acknowledges that this Lease, and any extension of it, is not and does not
constitute a commitment by the Government regarding the disposal of the Leased Premises or of
the remainder of the Base, in whole or in part, to the Lessee or any agency or instrumentality
thereof, or to any sublessee.
8. Default and Termination
8.1. The failure to comply with any provision of this Lease, where such failure to comply
continues for ten (10) days after delivery of written notice thereof by the Government to the Lessee
shall constitute a default or breach of this Lease by the Lessee. If, however, the time required to
return to compliance exceeds the ten (10) day period, the Lessee shall not be deemed to be in
default if the Lessee within such period shall begin and diligently pursue the actions necessary to
bring it into compliance with this Lease in accordance with a compliance schedule acceptable to
the Government.
8.2. No default or breach shall be deemed to have occurred for any period of time during
which the Parties are attempting to resolve a dispute, pursuant to the procedures provided for in
Condition 23, in relation to the actions or inactions which are the subject of the alleged default or
breach. If pursuant to dispute resolution, the default or breach is determined to have occurred, the
Lessee's period for cure shall not begin until the day after the final decision on the dispute is
issued. This Condition 8.2 shall not apply to a failure to comply with Conditions 1.3 or 5.
8.3. This Lease may be terminated as provided below in this Condition 8.3. No money or
other consideration paid by the Lessee or which may be due up to the effective date of termination
will be refunded or waived, as the case may be. The Lessee waives any claims or suits against the
Government arising out of any termination of this Lease.
8.3.1. In the event of any default and breach of this Lease by the Lessee, the
Director, Air Force Base Conversion Agency (AFBCA), may terminate this Lease at any time after
expiration of the cure period provided for in Condition 8.1 upon written notice of the termination
to the Lessee. The termination notice shall be effective as of a date to be specified therein, which
shall be at least seven (7) but not more than thirty (30) days after its receipt by the Lessee.
8.3.2. The Government may terminate this Lease in whole or in part at any time
upon thirty (30) days' written notice to the Lessee if a Record of Decision or other decision
document executed in accordance with the National Environmental Policy Act of 1969 directs that
any part of the Leased Premises be disposed of in a manner determined by the Government, in its
sole discretion, to be inconsistent with the continuation of this Lease. Such inconsistencies include,
Page 5
but are not limited to, decisions which may require termination of this Lease prior to
implementing the final disposition of the property.
8.3.3. The Lessee may terminate this Lease at any time by giving the Government
at least ninety (90) days' prior written notice.
9. Taxes
9.1. The Lessee shall pay to the proper authority, when and as the same become due and
payable, all taxes, assessments, and similar charges which, at any time during the term of this
Lease, may be imposed upon the Lessee with respect to the Leased Premises. The consent of
Congress to State and local taxation of the Lessee's interest in the Leased Premises, whether or not
the Leased Premises are in an area of exclusive Federal jurisdiction, is contained in
10 U.S.C. § 2667(e). Should Congress consent to taxation of the Government's interest in the
Leased Premises, this Lease shall be renegotiated.
10. Surrender of Leased Premises
10.1. The Lessee shall vacate and surrender the Leased Premises to the Government on or
before the date of expiration of the Lease, or its earlier termination hereunder. The Lessee shall
remove all property not belonging to the Government or its agents or contractors from the Leased
Premises and restore them to as good order and condition, reasonable wear and tear and damage
beyond the control of the Lessee excepted, as that existing on the Term Beginning Date, subject to
Condition 18 below. If the Lessee shall fail or neglect to remove its property, then, at the option of
the Government, the property shall either become the property of the United States without
compensation therefor, or the Government may cause it to be removed and the Leased Premises to
be so restored at the expense of the Lessee, and no claim for damages against the United States or
its officers, employees, or agents shall be created by or made on account of such removal and
restoration work. Surrender of such property shall not be deemed to be a payment of rent in lieu
of any rent due hereunder.
11. Environmental Protection
11.1. Compliance with Law. The Lessee and any sublessee shall comply, at its sole cost and
expense, with the Federal, State, and local laws, regulations, and standards that are or may become
applicable to the Lessee's activities on the Leased Premises.
11.2. Permits. The Lessee and any sublessee shall be solely responsible for obtaining at its
cost and expense any environmental permits required for its operations under this Lease,
independent of any existing permits.
11.3. Lessee Indemnification. The Lessee and any sublessee shall, to the extent permitted
under applicable law, indemnify, defend, and hold harmless the Government from, any damages,
costs, expenses, liabilities, fines, or penalties resulting from releases, discharges, emissions, spills,
storage, treatment, disposal, or any other acts or omissions by the Lessee (or sublessee), its officers,
Page 6
agents, employees, contractors, or sublessees, or licensees, or the invitees of any of them, giving rise
to Government liability, civil or criminal, or responsibility under Federal, State, or local
environmental laws. This Condition shall survive the expiration or termination of this Lease, and
the Lessee's obligations hereunder shall apply whenever the Government incurs costs or liabilities
for the Lessee's actions of the types described in this Condition 11.
11.4. Inspection. The Government's rights under this Lease specifically include the right
for Government officials to inspect upon reasonable notice the Leased Premises for compliance
with environmental, safety, and occupational health laws and regulations, whether or not the
Government is responsible for enforcing them. Such inspections are without prejudice to the right
of duly constituted enforcement officials to make such inspections. The Government normally will
give the Lessee or sublessee twenty-four (24) hours prior notice of its intention to enter the Leased
Premises unless it determines the entry is required for safety, environmental, operations, or
security purposes. The Lessee shall have no claim on account of any entries against the United
States or any officer, agent, employee, or contractor thereof.
11.5. Asbestos. Except as provided in Condition 11.6 below, the Government is not
responsible for any abatement, removal, or containment of asbestos. If the Lessee or any sublessee
intend to make any Alterations (as hereinafter defined) that require the abatement, removal, or
containment of asbestos, an appropriate asbestos management plan must be incorporated in the
Alterations Plan and/or Utility Designs to be submitted to the Site Manager under Condition 18.
The asbestos management plan will identify the proposed disposal site for the asbestos.
11.6. Abatement of Asbestos. The Government shall be responsible for the removal or
containment of asbestos or asbestos -containing material (collectively, "ACM") existing in the
Leased Premises on the Term Beginning Date as identified in the ECR attached hereto as Exhibit
D, when such ACM is damaged or deteriorated to the extent that it creates a potential source of
airborne fibers. Such ACM shall be referred to herein as "damaged or deteriorated." The
Government agrees to abate all such existing damaged or deteriorated ACM as provided in this
Condition 11.6. The Government may choose the most economical means of abating any such
damaged or deteriorated ACM, which may include removal or containment, or a combination of
removal and containment. The foregoing Government obligation does not apply to ACM which is
not damaged or deteriorated to the extent that it creates a potential source of airborne fibers at the
time the Lessee takes possession of the Leased Premises and which may become damaged or
deteriorated by the Lessee's or sublessee's activities. ACM which later during the period of this
Lease becomes damaged or deteriorated through the passage of time, or as a consequence of the
Lessee's or sublessee's activities under this Lease, including but not limited to any emergency, shall
be abated by the Lessee at its sole cost and expense. Notwithstanding Condition 11.5 above, in an
emergency, the Lessee shall notify the Government as soon as practicable of its emergency ACM
responses. The Lessee shall be responsible for monitoring the condition of existing ACM on the
Leased Premises for deterioration or damage and accomplishing repairs pursuant to the applicable
conditions of this Lease.
11.7. Environmental Liability of Lessee. Notwithstanding any other provision of this
Lease, the Lessee and its sublessees do not assume any liability or responsibility for environmental
impacts and damage caused by the Government's use of toxic or hazardous wastes, substances, or
materials on any portion of the Base, including the Leased Premises. The Lessee and its sublessees
have no obligation under this Lease to undertake the defense of any claim or action, whether in
existence now or brought in the future, solely arising out of the use of or release of any toxic or
Page 7
hazardous wastes, substances, or materials on or from any part of the Base, including the Leased
Premises, which occurred prior to the first day of Lessee's occupation or use of each such portion
of or such building, facility, or other improvement on the Leased Premises under any instrument
entered into between the Parties, or the Term Beginning Date, whichever is earlier. Further, the
Lessee and its sublessees have no obligation under this Lease to undertake environmental response,
remediation, or cleanup relating to such use or release.
11.7.1. For the purposes of this Condition, "defense" or "environmental response,
remediation, or cleanup" include liability and responsibility for the costs of damage, penalties,
legal, and investigative services relating to such use or release. "Occupation" or "use" shall mean
any activity or presence (including preparation and construction) in or upon such portion of, or
such building, facility, or other improvement on the Leased Premises.
11.7.2. This Condition does not relieve the Lessee and its sublessees of any
obligation or liability they might have or acquire with regard to third parties or regulatory
authorities by operation of law.
11.7.3. The Air Force recognizes and acknowledges its obligations under Section
330 of the National Defense Authorization Act, 1993, Pub. L. No. 102-484, as amended (10 U.S.C. §
2687 note), which provides for indemnification of certain transferees of closing defense property.
11.7.4. This Condition 11.7 shall survive the expiration or termination of this
Lease.
11.8. No Liability for Interference. The Lessee expressly acknowledges that it fully
understands that some or all of the response actions to be undertaken with respect to the FFA, if
applicable, or the IRP may impact the Lessee's quiet use and enjoyment of the Leased Premises.
The Lessee agrees that notwithstanding any other provision of this Lease, the Government assumes
no liability to the Lessee or its sublessees should implementation of the FFA, if applicable, the TRP,
or other hazardous waste cleanup requirements, whether imposed by law, regulatory agencies, or
the Air Force or the Department of Defense, interfere with the Lessee's or any sublessee's use of
the Leased Premises. The Lessee shall have no claim against the United States or any officer,
agent, employee or contractor thereof on account of any such interference, whether due to entry,
performance of remedial or removal actions, or exercise of any right with respect to the FFA, if
applicable, or the IRP or under this Lease or otherwise.
11.9. Response or Remedial Actions. The Lessee agrees to comply with the provisions of
any health or safety plan in effect under the IRP or any hazardous substance remediation or
response agreement with environmental regulatory authorities during the course of any of the
above described response or remedial actions. Any inspection, survey, investigation, or other
response or remedial action will, to the extent practicable, be coordinated with representatives
designated by the Lessee and any sublessee. The Lessee and any sublessees, assignees, licensees, or
invitees shall have no claim on account of such entries against the United States or any officer,
agent, employee, contractor, or subcontractor thereof. In addition, the Lessee shall comply with all
applicable Federal, State, and local occupational safety and health regulations.
11.10. Storage of Hazardous Wastes. The Lessee and any sublessees must comply with all
applicable Federal, State, and local laws, regulations, and other requirements relating to
occupational safety and health, the handling and storage of hazardous materials, and the proper
Page 8
generation, handling, accumulation, treatment, storage, disposal, and transportation of hazardous
wastes. The Lessee or its sublessees shall not treat, store, transport, or dispose of hazardous waste
unless the Lessee is in possession of any required permit issued to it under the Resource
Conservation and Recovery Act, as amended (RCRA). The Lessee shall not treat, store, transport,
or dispose of any hazardous waste under, pursuant to, or in reliance upon any permit issued to the
Government. The Lessee shall be liable for any violations of these requirements by its sublessees.
The Lessee shall be liable for the cost of proper disposal of any hazardous waste generated by its
sublessees in the event of failure by the sublessees to dispose properly of such wastes.
11.11. Environmental Records. The Lessee and any sublessees must maintain and make
available to the Government all records, inspection logs, and manifests that track the generation,
handling, storage, treatment, and disposal of hazardous waste, as well as all other records required
by applicable laws and requirements. The Government reserves the right to inspect the Leased
Premises and Lessee and sublessee records for compliance with Federal, State, local laws,
regulations, and other requirements relating to the generation, handling, storage, treatment, and
disposal of hazardous waste, as well as to the discharge or release of hazardous substances.
Violations will be reported by the Government to appropriate regulatory agencies, as required by
applicable law. The Lessee and its sublessees shall be liable for the payment of any fines and
penalties which may accrue as a result of the actions of Lessee or its sublessees.
11.12. Spill Plans. The Lessee shall have a completed and approved plan prior to
commencement of operations on the Leased Premises for responding to hazardous waste, fuel, and
other chemical spills. Such plan shall comply with all applicable requirements and shall be
updated from time to time as may be required to comply with changes in site conditions or
applicable requirements, and where required, shall be approved by all agencies having regulatory
jurisdiction over such plan. The plan shall be independent of Air Force spill prevention and
response plans. The Lessee shall not rely on use of the Base's personnel or equipment in execution
of its plan. The Lessee shall file a copy of the approved plan and approved amendments thereto
with the Site Manager within fifteen (15) days of approval. Notwithstanding the foregoing, should
the Government provide any personnel or equipment, whether for initial fire response or spill
containment or otherwise on request of the Lessee, or because the Lessee was not, in the opinion of
the Government, conducting timely cleanup actions, the Lessee agrees to reimburse the
Government for its costs in accordance with all applicable laws and regulations.
11.13. RCRA Compliance. The Lessee shall strictly comply with the hazardous waste
permit requirements under the RCRA or its State equivalent and any other applicable laws, rules,
and regulations. The Lessee must provide at its own expense hazardous waste storage facilities
which comply with all laws and regulations as it may need for such storage. Government
hazardous waste storage facilities will not be available to the Lessee or any sublessee. Any
violation of the requirements of this Condition shall be deemed a material breach of this Lease.
11.14. Accumulation Points. Air Force accumulation points for hazardous and other
wastes shall not be used by the Lessee or any sublessee. Neither shall the Lessee or sublessee
permit its hazardous waste to be commingled with hazardous waste of the Air Force.
11.15. Discharge of Fill. The Lessee shall not discharge, or allow the discharge of, any
dredged or fill material into any waters or wetlands on the Leased Premises except in compliance
with Condition 25.6 and with the express written consent of the Site Manager.
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11.16. EBS. The Lessee acknowledges receipt under separate cover of the EBS for the
Leased Premises.
11.17. Pesticides. Prior to the storage, mixing, or application of any pesticide, as that term
is defined under the Federal Insecticide, Fungicide, and Rodenticide Act, the Lessee shall prepare a
plan for storage, mixing, and application of pesticides (Pesticide Management Plan). The Pesticide
Management Plan shall be sufficient to meet all applicable Federal, State, and local pesticide
requirements. The Lessee shall store, mix, and apply all pesticides within the Leased Premises only
in strict compliance with the Pesticide Management Plan. The pesticides will only be applied by a
licensed applicator.
11.18. National Pollutant Discharge Elimination System (NPDES) Permit. The Lessee
shall comply with all requirements of the Federal Water Pollution Control Act, as amended, the
NPDES, and any applicable State or local requirements. If the Lessee discharges wastewater to a
publicly -owned treatment works, the Lessee or its sublessees must submit an application for its
discharge prior to the start of this Lease. The Lessee or sublessees shall be responsible for meeting
all applicable wastewater discharge permit standards. The Lessee shall not discharge wastewater
under the authority of any NPDES permit, pretreatment permit, or any other permit issued to the
Base. The Lessee or its sublessees shall make no use of any septic tank installed on the Base
without the prior written consent of the Government.
11.19. Radioactive Materials. The Lessee must notify the Site Manager of the Lessee's
intent to possess, store, or use any licensed or licensable source or byproduct materials, as those
terms are defined under the Atomic Energy Act, as amended, and its implementing regulations; of
Lessee's intent to possess, use, or store radium, and of Lessee's intent to possess or use any
equipment producing ionizing radiation and subject to specific licensing requirements or other
individual regulations, at least sixty (60) days prior to the entry of such materials or equipment
upon the Base. Upon notification, the Site Manager may impose such requirements, including
prohibition of possession, use, or storage, as deemed necessary to adequately protect health and the
human environment. Thereafter, the Lessee must notify the Site Manager of the presence of all
licensed or licensable source or byproduct materials, of the presence of all radium, and of the
presence of all equipment producing ionizing radiation and subject to specific licensing
requirements or other individual regulation; provided, however, that the Lessee need not make
either of the above notifications to the Site Manager with respect to source and byproduct material
which is exempt from regulation under the Atomic Energy Act. The Lessee shall not, under any
circumstances, use, own, possess, or allow the presence of special nuclear material on the Leased
Premises.
11.20. Alterations_ and Environmental Cleanup. The Lessee further agrees that it shall
provide, or shall require its sublessee or licensee to provide, the Government with prior written
notice accompanied by a detailed written description of all proposals for any Alterations (as
defined in Condition 18.1) which may impede or impair any activities under the IRP, or the FFA if
applicable, or are to be undertaken in certain areas of the Leased Premises identified as "Areas of
Special Notice" on Exhibit G hereto. These Areas of Special Notice consist of either "Operable
Units" (as defined in the National Contingency Plan) or other areas of concern because of the
potential for environmental contamination and include buffer areas as shown on Exhibit G. The
notice and accompanying written description of such proposals shall be provided to the
Government sixty (60) days in advance of the commencement of any such Alterations. In addition,
Alterations shall not commence until Lessee has complied with the Provisions of Condition 18.3.
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The detailed written description must include the effect such planned work may have on site soil
and groundwater conditions and the cleanup efforts contemplated under the IRP and the FFA, if
applicable. Notwithstanding the preceding three sentences, the Lessee or its sublessees shall be
under no obligation to provide advance written notice of any Alterations that will be undertaken
totally within any structure located on the Leased Premises, provided that such work will not
impede or impair any activities under the IRP or the FFA, if applicable. However, any work below
the floor of any such structure within any Area of Special Notice that will involve excavating in
and/or disturbing concrete flooring, soil and/or groundwater or will impede or impair any
activities under the IRP or the FFA, if applicable, will be subject to the sixty (60) day notice
requirement imposed by this Condition 11.20.
11.21. FFA JIF APPLICABLE]. The Government acknowledges that the Base has been
identified as a National Priorities List (NPL) Site under CERCLA. The Lessee acknowledges that
the Government has provided it with a copy of the FFA entered into by U.S. EPA, the State, and
the Air Force, and will provide the Lessee with a copy of any amendments thereto. The Lessee
agrees that should any conflict arise between the terms of such agreement as it presently exists or
may be amended ("FFA," "Interagency Agreement" or "IAG") and the provisions of this Lease,
the terms of the FFA will take precedence. The Lessee further agrees that notwithstanding any
other provision of this Lease, the Government assumes no liability to the Lessee or its sublessees or
licensees should implementation of the FFA interfere with the Lessee's or any sublessee's or
licensee's use of the Leased Premises. The Lessee shall have no claim on account of any such
interference against the United States or any officer, agent, employee or contractor thereof other
than for abatement of rent.
11.22. Environmental Access. The Government, U.S. EPA, and the State and their officers,
agents, employees, contractors, and subcontractors have the right, upon reasonable notice to the
Lessee and any sublessee, to enter upon the Leased Premises for the purposes enumerated in this
subparagraph, and for such other purposes consistent with any provision of the FFA, if applicable:
11.22.1. To conduct investigations and surveys, including, where necessary,
drilling, soil and water sampling, testpitting, testing soil borings, and other activities related to the
IRP or the FFA, if applicable;
11.22.2. To inspect field activities of the Government and its contractors and
subcontractors in implementing the IRP or the FFA, if applicable;
11.22.3. To conduct any test or survey required by the U.S. EPA or the State
relating to the implementation of the FFA, if applicable, or environmental conditions at the Leased
Premises or to verify any data submitted to the U.S. EPA or State by the Government relating to
such conditions;
11.22.4. To conduct, operate, maintain, or undertake any other response or
remedial action as required or necessary under the HW or the FFA, if applicable, including, but
not limited to, monitoring wells, pumping wells, and treatment facilities.
Page I
12. Maintenance of Leased Premises
12.1. The Lessee, at no expense to the Government, shall at all times protect, preserve, and
maintain (or require its sublessees to maintain) the Leased Premises, or applicable subleased
premises, including any improvements and Government -owned personal property located thereon,
in good order and condition, and exercise due diligence in protecting the Leased Premises against
damage or destruction by fire and other causes, subject to the applicable provisions of Conditions
5, 16, 18, and 25. The Lessee shall comply (and require its sublessees to comply) with the
provisions of Conditions 11, 18, and 25 in conducting any activities required to be performed
hereunder.
13. Damage to Government Property
13.1. Any real or personal property of the United States damaged or destroyed by the
Lessee incident to the Lessee's use and occupation of the Leased Premises shall be promptly
repaired or replaced by the Lessee to the satisfaction of the Site Manager. In lieu of such repair or
replacement, the Lessee shall, if so required by the Site Manager, pay to the United States money
in an amount sufficient to compensate for the loss sustained by the Government by reason of
damage or destruction of Government property.
14. Access and Inspection
14.1. Any agency of the United States, its officers, agents, employees, and contractors, may
enter upon the Leased Premises, at all times for any purposes not inconsistent with Lessee's quiet
use and enjoyment of them under this Lease, including, but not limited to, the purpose of
inspection. The Government normally will enter the Leased Premises during regular business
hours and give the Lessee or sublessee at least twenty-four (24) hours prior notice of its intention to
do so, unless it determines the entry is required for safety, environmental, operations, or security
purposes. The Lessee shall have no claim on account of any entries against the United States or
any officer, agent, employee, or contractor thereof.
14.2. The Lessee acknowledges and agrees that final disposal of the Leased Premises takes
precedence over interim use under this Lease. The Lessee shall cooperate with the Government to
enable such final disposal to occur on a timely basis. in particular, the Lessee shall permit
potential buyers, their prospective tenants and subtenants, and the contractors or subcontractors
of any of them, to visit the Leased Premises on reasonable notice from the Government during
regular business hours.
15. General Indemnification by Lessee
15.1. The United States shall not be responsible for damages to property or injuries or
death to persons which may arise from, or be attributable or incident to, the condition or state of
repair of the Leased Premises, or the use and occupation of them, or for damages to the property
of the Lessee, or for damages to the property or injuries or death to the person of the Lessee's
officers, agents, servants, or employees, or others who may be on the Leased Premises at their
invitation or the invitation of any one of them.
Page 12
15.2. The Lessee agrees to assume all risks of loss or damage to property and injury, or
death to persons by reason of, or incident to, the possession and/or use of the Leased Premises, or
the activities conducted by the Lessee under this Lease. The Lessee expressly waives all claims
against the Government for any such loss, damage, personal injury, or death caused by, or
occurring as a consequence of, such possession and/or use of the Leased Premises or the conduct of
activities or the performance of responsibilities under this Lease. THE LESSEE FURTHER
AGREES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO INDEMNIFY,
DEFEND, AND HOLD HARMLESS THE GOVERNMENT, ITS OFFICERS, AGENTS, AND
EMPLOYEES, FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, OR ACTIONS,
LIABILITIES, JUDGMENTS, COSTS, AND ATTORNEYS' FEES ARISING OUT OF, OR IN
ANY MANNER PREDICATED UPON PERSONAL INJURY, DEATH OR PROPERTY
DAMAGE RESULTING FROM, RELATED TO, CAUSED BY, OR ARISING OUT OF THE
POSSESSION AND/OR USE OF THE LEASED PREMISES OR ANY ACTIVITIES
CONDUCTED OR SERVICES FURNISHED IN CONNECTION WITH OR PURSUANT TO
THIS LEASE. THE AGREEMENTS CONTAINED IN THE PRECEDING SENTENCE DO NOT
EXTEND TO CLAIMS FOR DAMAGES CAUSED BY THE GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF OFFICERS, AGENTS, OR EMPLOYEES OF THE UNITED
STATES, WITHOUT CONTRIBUTORY FAULT ON THE PART OF ANY PERSON, FIRM, OR
CORPORATION. The Government will give the Lessee notice of any claim against it covered by
this indemnity as soon after learning of it as practicable.
16. Insurance
16.1. The Lessee shall, in any event and without prejudice to any other rights of the
Government, bear all risk of loss or damage or destruction to the Leased Premises, including any
buildings, improvements, fixtures, or other property thereon, arising from any causes whatsoever,
with or without fault by the Government.
16.2. During the entire period this Lease shall be in effect, the Lessee, at no expense to the
Government, will carry and maintain the following insurance coverages, or, in the alternative, the
Lessee shall require its sublessees to purchase and maintain such coverages:
16.2.1. Property insurance coverage against loss or damage by perils covered by
Insurance Services Office ("ISO") special cause of loss form or its equivalent in an amount not less
than One Hundred Percent (100%) of the full replacement cost of the buildings, building
improvements, improvements to the land, fixtures, and personal property on the Leased Premises.
The policies of insurance carried in accordance with this Condition shall contain a "Replacement
Cost Endorsement." Such full replacement cost shall be determined from time to time, upon the
written request of the Government or the Lessee, but not more frequently than once in any
twenty-four (24) consecutive calendar month period (except in the event of substantial changes or
alterations to the Leased Premises undertaken by the Lessee or any sublessee as permitted under
the provisions of the Lease).
16.2.1.1. If the Leased Premises are located in a state, or an area of a state, which is
prone to suffer property loss and damage from earthquake, flood, windstorm, or rainstorm, a
Page 13
special risks or perils endorsement from a commercial insurer or from a state or Federal program,
in such amounts and with such limitations and retentions satisfactory to the Government.
16.2.2. Commercial general liability insurance using the most recent occurrence
form or its equivalent, covering personal injury, bodily injury, premises, operations, products,
completed operations, and independent contractors. Such insurance shall provide coverage for the
contractual liability assumed by the Lessee under Condition 15 of this Lease, and shall afford
immediate protection at the time of the Term Beginning Date, and at all times during the term of
this Lease, with single limit coverage of $5 million each occurrence and $10 million aggregate.
16.2.2.1. An ISO business auto policy or its equivalent, covering bodily
injury and property damage arising from covered auto Symbol 1 ("any auto") or its equivalent,
with limits of at least $5 million each occurrence.
16.2.3. If and to the extent required by law, workers' compensation and employer's
liability or similar insurance in form and amounts required by law.
16.2.4. If there is an airport operator, airport operator's liability insurance,
including, but not limited to, insurance against contractual liability assumed under this Lease by
the Lessee, with respect to claims or causes of action arising in connection with use of the Leased
Premises and improvements thereon as an airfield or airport, affording protection with limits of
liability of $100 million.
16.3. During the entire period this Lease shall be in effect, the Lessee or any sublessee shall
either carry and maintain the insurance required below at its expense, or require any contractor
performing work on the Leased Premises to carry and maintain the following at no expense to the
Government:
16.3.1. The property insurance coverage required under subparagraph 16.2.1
above which shall include the general property form which provides coverage in connection with
any construction or work permitted pursuant to this Lease;
16.3.2. Fire and any other applicable insurance provided for in this Condition 16
which, if not then covered under the provisions of existing policies, shall be covered by special
endorsement thereto in respect to any Alterations (as defined below in Condition 18), including all
materials and equipment therefor incorporated in, on, or about the Leased Premises (including
excavations, foundations, and footings) under an ISO special cause of loss completed value
builder's risk form or its equivalent; and
16.3.3. Workers' compensation for the Lessee, any sublessee, and any contractor of
either the Lessee or any sublessee.
16.4. All policies of insurance which this Lease requires the Lessee (or any sublessee or
contractor) to purchase and maintain, or cause to be purchased and maintained pursuant to this
Condition 16, shall be underwritten by insurers authorized to underwrite insurance in the state
where the Leased Premises are located, and which have a rating of at least B+ by the most recent
edition of Best's Key Rating Guide. In all policies, the Government shall be named as additional
insured for its interest in, but not limited to, the Leased Premises and any personal property
included with the Leased Premises (under ISO forms CG 2011 and CG 2028 or their equivalents).
Page 14
The Government shall appear in all policies as "United States of America, c/o AFBCA/DR, 1700 N.
Moore St., Suite 2300, Arlington, VA 22209." All such policies of insurance shall provide (a) that
no cancellation, reduction in amount, or material change in coverage thereof shall be effective until
at least sixty (60) days after receipt by the Government of written notice thereof; (b) that the
insurer shall have no right of subrogation against the Government; and (c) shall be reasonably
satisfactory to the Government in all other respects, including, without limitation, the amounts of
coverages and deductibles from time to time. In no circumstances will the Lessee be entitled to
assign to any third party rights of action which the Lessee may have against the Government.
Notwithstanding the foregoing, any cancellation of insurance coverage based on nonpayment of the
premium shall be effective upon thirty (30) days' written notice to the Government. The Lessee
understands and agrees that cancellation of any insurance coverage required to be carried and
maintained by the Lessee or any sublessee or contractor under this Condition 16 will constitute a
failure to comply with the terms of the Lease, and the Government shall have the right to
terminate the Lease pursuant to Condition 8 upon receipt of any such cancellation notice, but only
if the Lessee fails to cure such noncompliance to the extent allowed under Condition 8.
16.5. The Lessee shall deliver or cause to be delivered upon execution of this Lease and
prior to the occupancy of the Leased Premises or the commencement of any work thereon (and
thereafter not less than thirty (30) days prior to the expiration date of each policy furnished
pursuant to this Condition 16) to the Government a complete copy of the original policy or policies
with all endorsements evidencing the insurance required by this Lease. A CERTIFICATE OF
INSURANCE WILL NOT BE ACCEPTABLE AS EVIDENCE OF ANY INSURANCE
REQUIRED UNDER THIS LEASE UNLESS OTHERWISE AGREED TO IN ADVANCE BY
THE GOVERNMENT IN ITS SOLE DISCRETION.
16.6. In the event that any item or part of the Leased Premises shall be damaged or
destroyed, the risk of which is assumed by the Lessee under Condition 16.1 ("Damaged or
Destroyed Property"), the Lessee shall promptly give notice thereof to the Government. The
Lessee shall, as soon as practicable after the casualty, restore Damaged or Destroyed Property as
nearly as possible to the condition which existed immediately prior to such loss or damage, subject
to Condition 10. All repair and restoration work under this Condition shall comply with the
provisions of Conditions 11, 18, and 25 applicable to Alterations and any other work subject to the
notice and approval requirements imposed by Conditions 11.19 and 18.3.
16.7. Notwithstanding any other provision of this Lease, the Lessee may, with the prior
consent of the Government, self -insure any risk for which insurance coverage is required under
this Lease; provided, however, that if the Lessee's statutory limits of liability or other impediments
to the assumption of liability are less than the limits of insurance required in this Lease, the Lessee
or any sublessee shall obtain commercial coverage which is sufficient in amount and nature to
satisfy the insurance requirements of this Lease when added to any such self-insurance. In order
to obtain the consent of the Government to self -insure, the Lessee shall provide the Government
with a writing setting forth the limitations and impediments, if any, to which the Lessee's self-
insurance is subject, the Lessee's source of funds to pay any claim from any risk for which
insurance is required under this Lease, and any other information which the Government may
require to assess the Lessee's request. If commercial insurance is required for any purpose, the
provisions of Condition 16.2.2 shall apply; however, the total amount of commercial insurance and
self-insurance shall meet the dollar limitations provided in this Lease.
Page 15
17. Compliance with Applicable Laws
17.1. The Lessee shall at all times during the existence of this Lease promptly observe and
comply, at its sole cost and expense, with the provisions of all applicable Federal, State, and local
laws, regulations, and standards, and in particular those provisions concerning the protection of
the environment and pollution control and abatement and occupational safety and health.
Further, with respect to any facilities on the Leased Premises which are jointly used by the Lessee
and the Government, the Lessee shall comply with all Air Force safety, health, and fire regulations,
standards, technical orders, and procedures in common use work and operating areas, including
ramps and taxiways.
17.2. The Lessee shall comply with all applicable State and local laws, ordinances, and
regulations with regard to construction, sanitation, licenses, or permits to do business, and all other
matters. The Lessee shall be responsible for determining whether it is subject to local building
codes or building permit requirements, and for compliance with them to the extent they are
applicable.
17.3. Nothing in this Lease shall be construed to constitute a waiver of Federal Supremacy
or Federal sovereign immunity.
17.4. Responsibility for compliance as specified in this Condition 17 rests exclusively with
the Lessee, or with respect to any subleased premises, with the appropriate sublessee. The
Government assumes no enforcement or supervisory responsibility except with respect to matters
committed to its jurisdiction and authority. The Lessee or appropriate sublessee shall be liable for
all costs associated with compliance, defense of enforcement actions or suits, payment of fines,
penalties, or other sanctions and remedial costs related to Lessee's or any sublessee's or licensee's
use of the Leased Premises.
17.5. The Lessee or its sublessees or licensees shall have the right to contest by appropriate
proceedings diligently conducted in good faith, without cost or expense to the Government, the
validity or application of any law, ordinance, order, rule, regulation, or requirement of the nature
referred to in this Condition. The Government shall not be required to join in or assist the Lessee
or its sublessees or licensees in any such proceedings.
18. Construction and Alterations
18.1. The Lessee shall not place, construct, or make or permit its sublessees or assigns to
place, construct, or make, any substantial improvements, structures, alterations, or additions to, or
installations upon, or otherwise modify or alter the Leased Premises in any substantial way,
without the prior written consent of the Government. (All of the activities in the preceding
sentence shall be referred to cumulatively as "Alterations.")
18.1.1. Government consent to Alterations may include a requirement to provide
the Government with a performance and payment bond, or similar financial assurances,
satisfactory to the Government in all respects, and other requirements deemed necessary to protect
the interests of the Government. For Alterations in the proximity of operable units that are part of
an IRP site, such consent may include a requirement for written approval by the Site Manager.
Page 16
18.1.2. Except as the Government's written consent shall expressly provide
otherwise, all approved Alterations shall become Government property when annexed to the
Leased Premises.
18.2. All plans for Alterations pursuant to Condition 18.1 above (Alterations Plans) must
comply with the provisions of Conditions 11 and 25 and be approved in writing by the Government
before the commencement of any construction project. In addition, the designs for all Lessee
connections to the Base's utilities (Utility Designs) shall comply with applicable State or local
construction standards or in the absence of any, with Department of Defense/Air Force (DoD/AF)
construction standards, and be subject to review and approval by the Site Manager. DoD/AF
construction standards are available through the office of the Site Manager. The Lessee shall
submit any Alterations Plans and Utility Designs to the Site Manager for approval. Any additional
information needed by the Government to complete its review shall be provided promptly by the
Lessee upon receipt of any such Government request.
18.3. The Government review process for either a construction project or a utility
connection will be completed within thirty (30) days of receipt of all plans and specifications
required by the Government for its review. In the event problems are detected during the review,
immediate notice will be provided by telephone to the Lessee or its representative designated in
writing for the purpose. Approval will not be unreasonably withheld.
18.4. All Alterations shall be in accordance with the approved Alterations Plans and Utility
Designs and without cost to the Government. The Lessee shall not proceed with excavating,
demolition, or construction until it receives written notice from the Government that the
Alteration Plans and/or Utility Designs are acceptable to the Government. The Lessee shall allow
no disposal of excavated material except in approved areas and with the express written consent of
the Site Manager.
18.5. All matters of ingress, egress, contractor haul routes, or other access on or across
Base land not included in this Lease shall be coordinated with the Government through the Site
Manager. All excavating, demolition, and construction activity shall be accomplished during
periods (including hours of the day) acceptable to that officer.
18.6. The Site Manager is authorized to grant approvals and consents under this
Condition.
18.7. Any disapproval may be reviewed by the Director, AFBCA, at the written request of
the Lessee. Such review is discretionary. A request by the Lessee for review will be submitted to
the Site Manager, who will forward it through channels with comments within ten (10) business
days after receipt of the request.
19. Utilities and Services
19.1. The Lessee shall be responsible for, and shall require its sublessees to be responsible
for, all utilities, janitorial services, building maintenance, and grounds maintenance for the Leased
Page 17
Premises (or subleased premises) without cost to the Government. Utility services will be provided
through meters, if possible. The Lessee shall (or shall cause its sublessees to) purchase, install, and
maintain all such meters at its (or their) own cost and without cost and expense to the Government.
The Lessee shall pay the charges for any utilities and services furnished by the Government which
the Lessee may require in connection with its use of the Leased Premises. The charges and the
method of payment for each utility or service will be determined by the appropriate supplier of the
utility or service in accordance with applicable laws and regulations, on such basis as the
appropriate supplier of the utility or service may establish. It is expressly understood and agreed
that the Government in no way warrants the continued maintenance or adequacy of any utilities or
services furnished by it to the Lessee.
19.2. Any purchase from the Government of utility services must be made in accordance
with 10 U.S.C. § 2481, and Air Force Instruction 32-1061, as it may be amended from time to time,
or any successor regulation or instruction, requiring any non -Federal user of a Federally owned
utility service to enter into a separate contract prior to receiving such service at rates to be
specified in each contract. The Lessee agrees to enter into a contract for any utility service
contemporaneously with this Lease, and any such contract is attached hereto as Exhibit G.
19.3. The Base may provide limited fire protection services, as specified in the Operating
Agreement, but only within its capabilities and with first priority being given to protection of the
Government's nonleased property or other Government property. The Lessee acknowledges that
fire protection services to the Leased Premises is not a function of the Government. Fire
protection to the Leased Premises is, to the extent available and/or provided, a voluntary assistance
done in the spirit of cooperation. Upon request of the Government, the Lessee shall promptly
reimburse the Government for the actual cost of any such fire protection services provided,
including replacement costs for supplies expended, repair or replacement cost for damaged
equipment, and labor costs for civilian employees of the Government, its contractors, or the
caretaker under a cooperative agreement for caretaker services.
19.3.1. The Lessee agrees to release, acquit, and forever discharge the Government,
its officers, agents, employees, and contractors, including any entity providing fire -fighting services
under a contract or cooperative agreement with the Government, for any and all liability arising
out of or connected with the use of Government fire -fighting equipment or personnel for fire
control activities at or in the vicinity of the Leased Premises. The Lessee further agrees, to the
extent allowed under State law, to indemnify, defend, and hold harmless the Government, its
officers, agents, employees, and contractors against any and all claims, of whatever description
arising out of, or connected with, such use of, or failure to supply in individual cases, Government
fire -fighting equipment, services, or personnel, except where such claims arise out of, or result
from, the gross negligence or willful misconduct of the officers, agents, employees, or contractors
of the Government.
19.3.2. The Government's responsibility for structural fire -fighting support shall
continue only so long as such fire -fighting capability is authorized for Government operations at
the Base. The Government shall have no obligation to maintain firefighting equipment or
personnel at all or at any particular level of staffing. The Government shall provide the Lessee
with thirty (30) days' notice of its planned cessation of fire -fighting operations at the Base.
Page 18
20. Notices
20.1. Whenever the Government or the Lessee shall desire to give or serve upon the other
any notice, demand, order, direction, determination, requirement, consent, approval, request, or
other communication with respect to this Lease or with respect to the Leased Premises, each such
notice, demand, order, direction, determination, requirement, consent, approval, request, or other
communication shall be in writing and shall not be effective for any purpose unless same shall be
given or served by personal delivery to the Party or Parties to whom such notice, demand, order,
direction, determination, requirement, consent or approval, request or other communication is
directed, or by mailing the same, in duplicate, to such Party or Parties by certified mail, postage
prepaid, return receipt requested, or by generally recognized express courier, at the address
identified in Conditions 1.6 and 1.7, or at such other address or addresses as the Government or
the Lessee may from time to time designate by notice given by certified mail.
20.2. Every notice, demand, order, direction, determination, requirement, consent,
approval, request, or communication hereunder sent by mail shall be deemed to have been given or
served as of the second business day following the date of such mailing.
21. Assignments, Subleases, and Licenses
21.1. The Lessee shall neither transfer nor assign this Lease or any interest therein or any
property on the Leased Premises, nor sublet the Leased Premises or any part thereof or any
property thereon, nor grant any interest, privilege, or license whatsoever in connection with this
Lease without the prior written consent of the Government. Such consent shall not be
unreasonably withheld or delayed, subject to the provisions of Conditions 21.1.1, 21.1.2, and 21.1.3
below. Any such assignment by the Lessee shall be in writing and an executed copy of same shall
be delivered to the Government. Any consent by the Government to any act of assignment
hereunder shall be held to apply only to the specific transaction thereby authorized, and such
consent shall not be construed as a waiver of the duty of the Lessee to obtain such consent to any
other assignment.
21.1.1. Any assignment or sublease granted by the Lessee shall be consistent with
all of the terms and Conditions of this Lease and shall terminate immediately upon the expiration
or any earlier termination of this Lease, without any liability on the part of the Government to the
Lessee or any assignee or sublessee. Under any assignment made, with or without consent, the
assignee shall be deemed to have assumed all of the obligations of the Lessee under this Lease. No
assignment or sublease of this Lease shall relieve the Lessee of any of its obligations hereunder.
21.1.2. The Lessee shall furnish the Government, for its prior written consent, a
copy of each agreement of sublease or assignment it proposes to execute. Such consent may include
the requirement to delete, add, or change provisions in the sublease instrument as the Government
shall deem necessary to protect its interests. Consent to any sublease or assignment shall not be
taken or construed to diminish or enlarge any of the rights or obligations of either of the Parties
under the Lease. Consent or rejection or any required changes shall be provided within ten (10)
business days of receipt of the proposed agreement.
21.1.3. Any agreement of sublease or assignment must include the provisions set
forth in Conditions 11 and 25 of this Lease and expressly provide that: (a) the sublease or
Page 19
assignment, as the case may be, is subject to all of the terms and Conditions of the Lease; (b) the
sublease shall terminate on the expiration or earlier termination of the Lease; (c) the sublessee or
assignee, as the case may be, shall assume all of the Lessee's obligations and responsibilities under
the (OA), if applicable (Exhibit E); and (d) in case of any conflict between any provisions of this
Lease and any provisions of the agreement of sublease or assignment, this Lease will control. A
copy of this Lease and the current OA, if applicable, must be attached to the agreement of sublease
or assignment.
21.2. The Lessee further agrees that, in the event of any permitted assignment of this Lease
or sublease of the Leased Premises, it shall provide to the U.S. EPA and appropriate State
counterpart or counterparts by certified mail a copy of the agreement or sublease of the Leased
Premises (as the case may be), within fourteen (14) days after the effective date of such transaction.
The Lessee may delete the financial terms and any other proprietary information from the copy of
any assignment or sublease furnished pursuant to this Condition 21.2.
22. Historic Property
22.1. If the Leased Premises contains historic property ("Historic Property"), the Lessee
hereby covenants on behalf of itself, its successors and assigns, to preserve and maintain it in a
manner that preserves the overall character of the Historic Property, in accordance with the
recommended approaches in the "Secretary of the Interior's Standards and Guidelines for
Archeology and Historic Preservation," in order to preserve and enhance those qualities that make
the Historic Property eligible for inclusion in the National Register of Historic Places. The Historic
Property is more particularly described in Exhibit A and shown on Exhibit B. This covenant shall
be a binding servitude upon Historic Property and shall remain in effect for the duration of the
Lease. This covenant is binding on the Lessee, its successors and assigns, during the existence of
the Lease. The restrictions, stipulations and covenants contained herein shall be inserted by the
Lessee, its successors and assigns, verbatim or by express reference, in any permitted sublease or
license or any other legal instrument by which it divests itself of any interest in the Historic
Property, or any part thereof.
22.2. No Alterations, other construction, and construction -related work, demolition,
excavating, or other disturbance of the ground surface, or other action shall be undertaken or
permitted to be undertaken on the Historic Property that would materially affect the integrity or
the appearance of the attributes described above, without the prior written permission of the State
Historic Preservation Officer (SHPO). Should the SHPO object to the proposed treatment within
thirty (30) days of receiving the request, and if the SHPO and the Lessee cannot resolve the
differences, the Lessee shall request the Advisory Council on Historic Preservation (Council) to
resolve the dispute. The Council will provide comments within fifteen (15) days of receiving the
request from the Lessee. The Lessee shall consider the Council's comments in reaching its decision
on the treatment. The Lessee shall report its decision to the Council, and if practicable, it shall do
so prior to initiating the treatment.
22.3. Upon acquisition of any standing historic structure, the Lessee shall take prompt
action to secure all of them from the elements, vandalism, or arson, and shall make any emergency
stabilization. The Lessee shall, to the extent practicable, make every effort to retain or reuse the
historic structures.
Page 20
22.4. Should any archeological site be discovered during any project activities, the Lessee
shall stop work promptly and obtain the comments of the SHPO regarding appropriate treatment
of the site. The final mitigation plan shall be approved by the SHPO.
22.5. The Lessee shall allow the SHPO or his or her designee, at all reasonable times and
upon reasonable advance notice to the Lessee, to inspect the Historic Property in order to ascertain
whether the Lessee is complying with the conditions of this preservation covenant.
22.6. The Lessee shall provide the SHPO and the Council with a written summary of
actions taken to implement the provisions of this preservation covenant within one (1) year after
the Term Beginning Date. Similar reports shall be submitted to the SHPO and the Council each
January thereafter until the earlier of the completion of the redevelopment plan, or termination or
expiration of this Lease.
22.7. Failure of the SHPO to exercise any right or remedy granted under this covenant
shall not have the effect of waiving or limiting the exercise by the SHPO of any other right or
remedy or the invocation of such right or remedy at any other time.
22.8. The Lessee may, with the prior written approval of the SHPO, modify for good cause
any or all of the foregoing restrictions. Prior to such action, the Lessee shall notify the Council of
the proposed modification and allow them thirty (30) days to comment.
22.9. If at any time prior to, or during the term of, this Lease, the SHPO and all
appropriate parties have entered, or enter, into a memorandum of agreement or understanding or
other writing identifying Historic Property within the Leased Premises and establishing terms,
covenants, and conditions with respect thereto, then such agreement, memorandum, or other
writing shall (a) supersede this Condition 22, (b) govern the obligations and responsibilities
regarding any Historic Property under this Lease, and (c) become a part of this Lease as Exhibit J.
23. Disputes
23.1. Except as otherwise provided in this Lease, any dispute concerning a question of fact
arising under this Lease which is not disposed of by agreement shall be decided by the Site
Manager. The Site Manager shall reduce the decision to writing and mail or otherwise furnish a
copy to the Lessee. The decision of the Site Manager shall be final and conclusive unless, within
thirty (30) days from the date of receipt of such copy, the Lessee mails or otherwise furnishes to the
Site Manager a written appeal addressed to the Secretary of the Air Force. The decision of the
Secretary or his or her duly authorized representative for the determination of such appeals shall
be final and conclusive unless determined by a court of competent jurisdiction to have been
fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or
not supported by substantial evidence. In connection with any appeal proceeding under this
Condition, the Lessee shall be afforded an opportunity to be heard and to offer evidence in support
of its appeal. Pending final decision of a dispute hereunder, the Lessee shall proceed diligently
with the performance of this Lease in accordance with the decision of the Site Manager.
Page 21
23.2. In the alternative, before proceeding under Condition 23.1 above, either Party may
choose to submit the dispute to arbitration pursuant to the Administrative Disputes Resolution
Act, 5 U.S.C. §§ 571-583, as amended (the "Act"), by giving notice to the other Party.
23.2.1. Within fifteen (15) days following receipt of notice, the receiving Party shall
submit to the other Party the names of three arbitrators, experienced in the field of the matter of
dispute, selected from a roster maintained by the Federal Mediation and Conciliation Service or
any comparable organization. The initiating Party will then have fifteen (15) days to select one of
the three arbitrators and provide notice to the receiving Party of the selected arbitrator. The
initiating Party will promptly notify the arbitrator of the selection and arrange for his or her
employment jointly by the Parties.
23.2.2. The arbitrator will arbitrate the dispute according to the Act and any rules
of the American Arbitration Association not in conflict with the Act or any other Federal statute.
To the extent that any award of the arbitrator shall be exclusively monetary, and shall exceed
S500,000, the Parties may either use the award as a basis for settlement negotiations, or either
Party may litigate the excess amount above $500,000 through the appropriate civil process. To the
extent that a decision of the arbitrator is non -monetary in nature, the arbitrator shall not be
limited in the range of possible outcomes. The arbitrator will convene the arbitration hearing
within fifteen (15) days after being hired and render a decision within thirty (30) days after the
hearing unless both Parties agree to an extension of time. The Government and the Lessee agree to
share the costs of the arbitrator equally, subject to the availability to the Government of
appropriated funds.
23.2.3. Pending final decision of a dispute hereunder, the Lessee shall proceed
diligently with the performance of this Lease in accordance with the decision of the Site Manager.
23.2.4. Pursuant to the Act, the previous authority of a Federal agency to use
dispute resolution proceedings has been repealed, and such authority has been reenacted, in
modified form, to continue to authorize alternative dispute resolution by Federal agencies. If the
Act, as continued and amended, shall be further extended or reenacted in modified form, then the
provisions of this Lease shall be deemed to be modified to be consistent with any such amended
procedures.
23.3. This Condition does not preclude consideration of questions of law in connection with
decisions provided for in Condition 23.1 above. Nothing in this Condition, however, shall be
construed as making final the decision of any administrative official, representative or board on a
question of law.
24. General Provisions
24.1. Covenant Against Contingent Fees. The Lessee warrants that no person or agency
has been employed or retained to solicit or secure this Lease upon any agreement or understanding
for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona
fide established commercial agencies maintained by the Lessee for the purpose of securing
business. For breach or violation of this warranty, the Government 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
Page 22
rent or consideration, the full amount of such commission, percentage, brokerage, or contingent
fee.
24.2. 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 to arise
therefrom, but this provision shall not be construed to extend to this Lease if made with a
corporation for its general benefit.
24.3. Non -Discrimination.
24.3.1. As used in this Condition, the term "facility" means lodgings, stores, shops,
restaurants, cafeterias, restrooms, and any other facility of a public nature in any building covered
by, or built on land covered by, this Lease.
24.3.2. The Lessee agrees not to discriminate against any person because of race,
color, religion, sex, handicap or national origin in furnishing, or refusing to furnish, to such person
the use of any facility, including all services, privileges, accommodations, and activities provided on
the Leased Premises. This does not require the furnishing to the general public the use of any
facility customarily furnished by the Lessee solely to tenants or to Air Force military and civilian
personnel, and the guests and invitees of any of them.
24.4. Gratuities. The Government may, by written notice to the Lessee, terminate this
Lease if it is found, after notice and hearing by the Secretary of the Air Force, or his/her duly
authorized representative, that gratuities in the form of entertainment, gifts, or otherwise, were
offered or given by the Lessee, or any agent or representative of the Lessee, to any officer or
employee of the Government with a view toward procuring an agreement or procuring favorable
treatment with respect to the awarding or amending, or the making of any determinations with
respect to the performing of such agreement; provided that the existence of the facts upon which
the Secretary of the Air Force or his/her duly authorized representative makes such finding, shall
be an issue and may be reviewed in any competent court. In the event this Lease is so terminated,
the Government shall be entitled to pursue the same remedies against the Lessee as it could pursue
in the event of a breach of this Lease by the Lessee, and 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 Air Force or his/her duly authorized representative) which shall be not less
than three (3), nor more than ten (10), times the costs incurred by the Lessee in providing any such
gratuities to any such officer or employee. The rights and remedies of the Government provided in
this article shall not be exclusive, and are in addition to any other rights and remedies provided by
law or under this Lease.
24.5. No Joint Venture. Nothing contained in this Lease will make, or will be construed to
make, the Parties hereto partners or joint venturers with each other, it being understood and
agreed that the only relationship between the Government and the Lessee is that of landlord and
tenant. Neither will anything in this Lease render, or be construed to render, either of the Parties
hereto liable to any third Party for debts or obligations of the other party hereto.
24.6. Records and Books of Account. The Lessee agrees that the Comptroller General of
the United States, the Auditor General of the United States, or the Auditor General of the United
States Air Force, or any of their duly authorized representatives, shall, until the expiration of three
(3) years after the expiration or earlier termination of this Lease, have access to, and the right to
Page 23
examine, any directly pertinent books, documents, papers, and records of the Lessee involving
transactions related to this Lease. The Lessee further agrees that any sublease of the Leased
Premises (or any part thereof) will contain a provision to the effect that the Comptroller General
of the United States, the Auditor General of the United States, or the Auditor General of the United
States Air Force, or any of their duly authorized representatives shall, until three (3) years after
the expiration or earlier termination of this Lease, have access to, and the right to examine, any
directly pertinent books, documents, papers, and records of any sublessee involving transactions
related to any sublease.
24.7. Failure of Government to Insist on Compliance. The failure of the Government to
insist in any one or more instances, upon strict performance of any of the terms, covenants, or
conditions of this Lease shall not be construed as a waiver or a relinquishment of the
Government's rights 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.
24.8. Headings or Titles. The brief headings or titles preceding each condition are merely
for purposes of identification, convenience, and ease of reference, and will be completely
disregarded in the construction of this Lease.
24.9. Counterparts. This Lease is executed in two (2) counterparts each of which is
deemed an original of equal dignity with the other, and which is deemed one and the same
instrument as the other.
24.10. Personal Pronouns. All personal pronouns used in the Lease, whether used in the
masculine, feminine, or neuter gender, will include all other genders.
24.11. Entire Agreement. It is expressly agreed that this written instrument embodies the
entire agreement between the Parties regarding the use of the Leased Premises by the Lessee, and
there are no understandings or agreements, verbal or otherwise, between the Parties except as
expressly set forth herein. This instrument may only be modified or amended by mutual
agreement of the Parties in one writing signed by each of the Parties hereto.
24.12. Recording. The Lessee shall not record this Lease, or any memorandum thereof, in
any public office without the express prior written consent of the Government, and if the Lessee
does so, the Government may declare this Lease null and void upon ten (10) days' notice to the
Lessee and without any liability to the Lessee or any other party.
24.13. Time of the Essence. Time shall be of the essence of this Lease.
25. Restrictions on Use of Leased Premises
25.1. The Lessee shall not install (or permit its sublessees to install) any new drinking
water or other wells in any location on the Leased Premises without the prior written approval of
the Government.
Page 24
25.2. The Lessee shall not conduct (or permit its sublessees to conduct) any subsurface
excavating, digging, drilling, or other disturbance of the surface in Areas of Special Notice as
shown on Exhibit F hereto without the prior written approval of the Government in accordance
with Condition 18. Requests for such approval will be made in accordance with Condition 18.
Exhibit F may be updated from time to time as appropriate. The Lessee will be provided a copy of
the updated Exhibit F promptly after completion of each update.
25.3. Prior to beginning any Alterations, other construction or construction -related work,
excavating, demolition, or restoration, the Lessee shall determine (or require any sublessee to
determine) whether asbestos is present. The Lessee shall not occupy or conduct (or permit its
sublessees to occupy or conduct) any activities in any facility or portion thereof as described in
Condition 5 if such facility or facilities which, at the inception of this Lease, contain damaged or
deteriorated ACM, as that term is defined in Condition 11.6 of this Lease, until such time as any
damaged or deteriorated ACM existing in them has been remediated in accordance with
Conditions 11.5 and 11.6.
25.4. The Lessee acknowledges that lead -based paint (LBP) may be present in and on
facilities and equipment within the Leased Premises. The Lessee shall be responsible for ensuring
that any LBP is maintained in good condition, for eliminating any hazards that develop during the
interim lease, and for managing all LBP and potential LBP in compliance with all applicable laws
and regulations.
25.4.1. If the Leased Premises contains "target housing," the Lessee hereby
acknowledges the required disclosure in accordance with the Residential Lead -Based Paint Hazard
Reduction Act of 1992, 42 U.S.C. § 4852d (Title X), of the presence of any known LBP and/or LBP
hazards in target housing constructed prior to 1978; the receipt of available records and reports;
receipt of the lead hazard information pamphlet; and inclusion of the 25 C.F.R. Subparts 35H and
745F disclosure and lead warning language in the Title X Lead -Based Paint Disclosure Statement
attached as Exhibit H to this Lease. The Lessee shall sign the attached Title X Lead -Based Paint
Disclosure Statement simultaneously with this Lease. For purposes of this Lease, "target housing"
means any housing constructed prior to 1978, except housing for the elderly or persons with
disabilities (unless any child who is less than six (6) years of age resides or is expected to reside in
such housing), any zero -bedroom dwelling, and any facility for the common use by children over
six (6) years of age. The Lessee agrees that in making any improvements to the Leased Premises
defined as target housing by Title X and constructed prior to 1960, LBP hazards will be abated by
a certified contractor in accordance with Title X before use of such improvements as a residential
dwelling (as defined in Title X). The Lessee further agrees that in its use and occupancy of the
Leased Premises, it shall comply with Title X and all applicable Federal, State, and local laws
relating to LBP; and that the Air Force assumes no liability for damages for personal injury,
illness, disability, or death, to the Lessee, its successors or assigns, or to any other person, including
members of the general public, arising from or incident to the purchase, transportation, removal,
handling use, disposition, or other activity causing or leading to contact of any kind whatsoever
with lead -based paint on the Leased Premises, whether the Lessee, its successors or assigns have
properly warned or failed to properly warn the individual(s) injured.
25.5. The Lessee shall protect any wetlands found or identified on the Leased Premises
from destruction, loss, or degradation, consistent with the requirements of Executive Order 11990
(Protection of Wetlands). Construction or ground disturbance on or near wetlands is prohibited
under this Lease.
Page 25
26. Government Representatives and Their Successors
26.1. The Site Manager has been duly authorized to enter into and amend the Operating
Agreement identified in Condition 6 above and to administer this Lease.
26.2. Except as otherwise specifically provided, any reference in this Lease to Site Manager
shall include the Site Manager's duly appointed successors and authorized representatives.
27. Amendments
27.1. This Lease may be amended at any time by mutual agreement of the Parties in one
writing and signed by a duly authorized representative of each of the respective Parties hereto.
Amendments to this Lease executed on behalf of the Government must be signed at the level of
Director, AFBCA, or higher.
28. Government Control of Base
28.1. The use and occupation of the Leased Premises shall be subject to the general
supervision and approval of the Site Manager and to such reasonable rules and regulations as the
Site Manager may prescribe from time to time.
28.2. The Lessee acknowledges that it understands that the Base is an operating military
installation which could remain closed to the public prior to its complete disposal and accepts that
Lessee's operations may from time to time be hampered by temporary restrictions on access, such
as identity checks and auto searches. The Lessee further acknowledges that the Government
strictly enforces Federal laws and Air Force regulations concerning controlled substances (drugs)
and agrees that the Government will not be responsible for lost time or costs incurred due to delays
in entry, temporary loss of access, barring of individual employees from the base under Federal
laws authorizing such actions, limitation or withdrawal of an employee's on -base driving
privileges, or any other security action that may cause employees to be late to or unavailable at
their work stations, or delay arrival of parts and supplies.
29. Liens and Mortgages
29.1. The Lessee shall not engage in any financing or other transaction creating any
mortgage lien upon the Leased Premises; place or suffer to be placed upon the Leased Premises
any other lien or other encumbrance; or suffer any levy or attachment to be made on the Lessee's
interest in the Leased Premises. Any such mortgage, encumbrance, or lien shall be deemed to be a
violation of this Condition and constitute a failure to comply with the terms of this Lease on the
date of its execution or filing of record regardless of whether or when it is foreclosed or otherwise
enforced.
Page 26
30. Notice of Hazardous Substances
30.1. Exhibit I hereto provides information concerning hazardous substances that have
been stored for one (1) year or more, or are known to have been released or disposed of, on certain
portions of the Leased Premises, and the date(s) that such storage, release, or disposal took place.
31. Reporting to Congress
31.1 This Lease is not subject to 10 USC § 2662.
32. Exhibits
This Lease is not subject to 10 USC § 2662.32.1. Nine (9) exhibits are attached to and made
a part of this Lease, as follows:
Exhibit A - Description of Leased Premises
Exhibit B - Map of the Leased Premises
Exhibit C - Physical Condition Report
Exhibit D - Environmental Condition Report
Exhibit E - Operating Agreement
Exhibit F - Areas of Special Notice
Exhibit G - Utility Sale Contract(s)
Exhibit H - Lead -Base Paint Disclosure (if applicable)
Exhibit I - Notice of Hazardous Substances
(balance of this page intentionally left blank)
Page 27
33. Modification
33.1. Prior to execution, the following additions, deletions, corrections, or modifications
were made to the body of this Lease. In the event of a conflict between the language of the body of
this Lease and the language in this Condition 33, the latter shall prevail.
33.1.1. Condition 22 is deleted in its entirety.
33.1.2. Condition 25.5.1 is not applicable in this Lease.
(balance of this page intentionally left blank)
Page 29
THIS LEASE EXECUTED this 25th day of Fphrunry , 1999.
CITY OF LUBBOCK (Lessee):
WINDY SITTO , MA OR
ATTEST:
1 ' , eitrs�
(JeC-k I G«rze,, ASsf 0-) -�, SAC-re{6r�
APPROVED AS TO CONTENT:
/z, 1�d u/" � � -
c i A. Wal er, Chief of Police
APPROVED AS TO FORM:
an Salu ' Assist t City Attorney
Page 29
IN WITNESS WHEREOF, I have set any handby authori he Se f the Air Force.
BY: 7
ALBERT F. LOW JR ecto
Air Force Base Convers' gency
Commonwealth of Virginia:
County of Arlington
On the P4day of 94r , 1991_, before me, 1949,n n ie- Mq rr 4-�V/4y'vrlr5 , the
undersigned Notary Public, personally appeared f��b�+L��f� LOk,I r_, personally known to me to be
the person whose name is subscribed to the foregoing Lease and the Director of the Air Force
Base Conversion Agency, and acknowledged that the same was the act and deed of the Secretary of the Air
Force and that (she)(he) executed the same as such act.
Notary.' M11
'w
Public
My commission expir a �i
(seal) My;cmmisai . c, iq,j
day of , 199�.
THIS LEASE is executed by the Lessee this
Attest:
State of
County of
By�-�--
KEN A. WALKER
Chief of Police
Lubbock, Texas
L . 5,
EXHIBIT A
DESCRIPTION OF LEASED PREMISES
For the purposes of the foregoing lease agreement between the Department of the Air Force and
the City of Lubbock, the Leased Premises are defined as the property BEGINNING at a point at
the corner of Davis Drive and the service road that is to the south of Building 76 then in a
Westerly direction along the curb for approximately 195 feet and 5 inches; THENCE in a
Northerly direction along the curb for approximately 208 feet and 3 inches to the Northwest
corner of Building 76; THENCE in an Easterly direction along the curb for approximately 67
feet and 6 inches, THENCE in a Northerly direction crossing road to the entrance to the Airfield
and along the curb of the parking area that is East of Hangar 82 for approximately 173 feet;
THENCE in an Easterly direction along the north curb of the parking area for approximately 113
feet and 6 inches; THENCE in a Southerly direction along the curb of Davis Drive for
approximately 372 feet and 2 inches to the POINT OF BEGINNING; and reserving a right-of-
way for ingress and eggress to the airfield at the northern end of Building 76, extending from the
curb of Davis Drive along the curb of Building 76 for 162 feet and 3 inches in an
easterly/Westerly direction and 25 feet and 9 inches in a Northerly direction. The Lease shall
include the following:
Building 76 consisting of 24,234 square feet located at 508 Davis Drive,
2. All reasonable and necessary rights of ingress and egress to this building by way of
walkways, driveways, and roadways connected to it.
3. The area includes approximately 1.5 acres and 24,234 square feet of building space.
This includes the grounds, sidewalks, and parking lots as described around the building. The
layout of the building and parking area is shown on Exhibit 13-1 and B-2 respectively.
v
EXHIBIT A
NON-ACCNT for Building: 76
Printed., 111698 17.21:03
Bid Room Line LRRA Noun Serial Qty org Off LABEL Dateav Cond Dispo Remarks
76
A-Flt
1
No
IChair, SLED BASE
Closed
Closed
No
1 OCT 97
76
A-Flt
2
No
Chair, executive, arms, swivel, rolli
Closed
Closed
No
1 OCT 97
76
-Flt
3
DR
3
Board, dry erase, 24x36
F7Closed
Closed
No
1 OCT 97
*" 3 items Released by LRRA
76
A -Fit
5
No
Workstation, 2 user, divided, shelf,
Closed
Closed
No
1 OCT 97
76
A-Flt
6
No
Couch, sled base
Closed
Closed
No
1 OCT 97
76
A-Flt
7
No
Cabinet, 5 section modular
1
Closed
Closed
No
1 OCT 97
76
A -Fit
1 O
No
Projector, overhead
1.Closed
Closed
No
1 OCT 97
76
A-Flt
12
No
board, schedule, 4'x10'
1
Closed
Closed
No
1 OCT 97
76
A-Flt
14
No
Workstation, 1 user, o/h storage
1
Closed
Closed
No
1 OCT 97
76
a-flt
386
No
stand, 18 x 24 wl rollers
1
Closed
Closed
No
1 OCT 97
76
a-flt
387
No
cabinet,3 section modular
1
Closed
Closed
No
1 OCT 97
76
A -Fit
422
No
Workstation, 1 user, 2drwr
2
Closed
Closed
No
1 OCT 97
76
-Fit
423
No
Cabinet, 3section, Modular
1
Closed
Closed
No
1 OCT 97
76
A -Fit
424
No
Board, bulletin, cork
1
Closed
Closed
No
1 OCT 97
76
A -Fit
425
No
Stand, 18x24,rollers
1
Closed
Closed
No
1 OCT 97
76
A -Fit
426
No
Table, conference, 4x8
1
Closed
Closed
No
1 OCT 97
76
-Fit
427
No
Typewriter, IBM, Selectric
1
Closed
Closed
No
1 OCT 97
76
A -Fit
428
No
Locker, metal, black
1
Closed
Closed
No
1 OCT 97
76
A-Flt
430
No
Board, bulletin, blue
1
Closed
Closed
No
1 OCT 97
76
ADJ
15
No
Chair, sled based, blue
1
Closed
Closed
No
1 OCT 97
76
ADJ
16
No
Cabinet, file, lateral, 3 ft, 2 drawer, 1
2
Closed
Closed
No
1 OCT 97
Status changed from to c, Qty
76
ADJ
17
No
Cabinet- 2 drawer file, metal
3
Closed
Closed
No
1 OCT 97
76
ADJ
18
No
Chair, executive, arms, swivel
2
Closed
Closed
No
1 OCT 97
76
ADJ
20
No
couch, 3 seat
1
Closed
Closed
No
1 OCT 97
76
ADJ
21
No
Cabinet- 1 door, metal, locking, 6ft
1
Closed
Closed
No
1 OCT 97
76
ADJ
22
No
Cabinet- 5 drawer metal, locking
1
Closed
Closed
No
1 OCT 97
76
ADJ
24
No
orkstation, 1 user, 3 drawer, o/h
1
Closed
Closed
No
1 OCT 97
76
adj
380
No
stand,typewriter
1
Closed
Closed
No
1 OCT 97
76
Adj
406
No
picture, frame 18 x 22
4
Closed
Closed
No
1 OCT 97
76
ADMIN
25
No
Chair, sled based (no arms)
4
Closed
Closed
No
1 OCT 97
76
ADMIN
26
No
cabinet, 6 shelf , metal (1 white, 1 b
2
Closed
Closed
No
1 OCT 97
76
ADMIN
27
No
Cage, gray, 3 compartments
2
Closed
Closed
No
1 OCT 97
76
ADMIN
28
No
workcenter, Test
2
Closed
Closed
No
1 OCT 97
76
DMIN
29
No
workstation, 3 user, 3 drwr, 3 o/h:I
1
Closed
Closed
No
1 OCT 97
Report sorted by Bid, Room, Line number. Page 1 of 9
EXHIBIT A
Bid Room Line LRRA I Noun Serial ay Org Off LABEL Dateav Cond Dispo Remarks
76
ADMIN
30
No
workstation, 3 user, 3 drwr, 3 o/h
1
Closed
Closed
No
1 OCT 97
76
ADMIN
34
Na
Workstation, 2 user, 2 drawer, 2 o/
1
Closed
Closed
No
1 OCT 97
76
ADMIN
35
No
Chair,arm,swivel
2
Closed
Closed
No
1 OCT 97
76
admin
342
No
board, magnetic
2
Closed
Closed
No
1 OCT 97
Status changed from to c, My
76
admin
343
No
scale, weight
1
Closed
Closed
No
1 OCT 97
76
AOPS
36
No
board, Dry erase, white, 20
2
Closed
Closed
No
1 OCT 97
76
AOPS
38
No
Chair, sled -based
2
Closed
Closed
No
1 OCT 97
76
AOPS
39
No
Chairs, executive, rollers
1
Closed
Closed
No
1 OCT 97
76
AOPS
41
No
Frame, scheduling
1
Closed
Closed
No
1 OCT 97
76
AOPS
43
No
Workstation, 1 user, credenza, 2 sh
1
Closed
Closed
No
1 OCT 97
76
AOPS
44
No
board, bulletin, small, black
5
Closed
Closed
No
1 OCT 97
Status changed from too, Qty
76
AOPS
45
No
Cabinet, storage, 3x3, 2 shelves, to
1
Closed
Closed
No
1 OCT 97
76
AOPS2
48
No
Chair, sled based
1
Closed
Closed
No
1 OCT 97
Status changed from to c, City
76
AOPS2
49
No
board, bulletin, 2x4
1
Closed
Closed
No
1 OCT 97
76
AOPS2
50
No
Cabinet, storage, 3 shelf, 4x3, lock!
1
Closed
Closed
No
1 OCT 97
76
AOPS2
51
No
Chair, executive, roller
1
Closed
Closed
No
1 OCT 97
76
AOPS2
52
No
board, Dry erase, 5x5
1
Closed
Closed
No
1 OCT 97
76
AOPS2
53
No
Workoenter, 1 person, credenza, 1
1
Closed
Closed
No
1 OCT 97
76
AOPS2
55
No
Cabinet, storage, 2 shelves, 4x3, to
1
Closed
Closed
No
1 OCT 97
76
ASST NCOI
40
No
WORKSTATION
1
Closed
Closed
No
1 OCT 97
76
Asst NCOIC
362
No
viewer micmily
1
Closed
Closed
No
1 OCT 97
fec from 162pe #16
76
Asst NCOIC
454
No
Refrigerator
1
Closed
Closed
No
1 OCT 97
Status changed from to a, Lin
76
Asst NCOIC
57
No
cabinet, tool, metal 10 dr
1
Closed
Closed
No
1 OCT 97
76
sst NCOIC
59
No
chair, Swivel
1
Closed
Closed
No
1 OCT 97
76
Asst NCOIC
60
No
Washer, whirl pool
1
Closed
Closed
No
1 OCT 97
76
Asst NCOIC
62
No
Workcanter, 1 person, 3 drawer ca
1
Closed
Closed
No
1 OCT 97
76
Asst NCOIC
63
No
Workcenter, 1 person, 2 drawer ca
1
Closed
Closed
No
1 OCT 97
76
B-Fit
64
No
Chair, sled -based,
24
Closed
Closed
No
1 OCT 97
76
B-Flt
65
No
Chair, executive, arms, rollers, swiv
13
Closed
Closed
No
1 OCT 97
76
B-Fit
66
No
Workstation, 2 user, 2 attached loc
6
Closed
Closed
No
1 OCT 97
76
B-Fit
68
No
Pedestal, mobile, 3-drawer, locking
2
Closed
Closed
No
1 OCT 97
76
B-Ftt
70
DR
3
board, bulletin, 36"x48"
2
Closed
Closed
No
1 OCT 97
'*` 3 items Released by LRRA
76
B-Flt
71
No
Chair, executive, arms, rollers, swiv
2
Closed
Closed
jNo
1 OCT 97
76
B-Flt
72
No
Couch, sled base, arms, light blue,
1
Closed
Closed
No
1 OCT 97
76
B-Fft
73
No
1
lboard, bulletin, 36"x96"
1
Closed
Closed
No
1 OCT 97
"*" 1 items Released by LRRA
76
B-Flt
74
No
Cabinet, file, lateral, 40", 3 drawer,
1
Closed
Closed
No
1 OCT 97
76
B-Flt
75
No
Cabinet, storage, 60"x48", locking
2
Closed
Closed
No
1 OCT 97
76
B-Fit
76
No
Chair, rollers, swtvel
1 1
Closed
Closed
No
1 OCT 97
Report sorted by Bid, Room, Line number. Page 2 of 9
MI$I'T A
Bid Room Line FURKRA I Noun Serial Qty Org Off LABEL Dateav Cond Dispo Remarks
76
B-Flt
77
No
Desk, executive, double pedestal
1
Closed
Closed
No
1 OCT 97
76
B-Fit
78
No
Fan, electric, 24"
1
Closed
Closed
No
i OCT 97
76
B-Flt
80
No
Projector, overhead, serial 608304
1
Closed
Closed
No
1 OCT 97
76
B-Fit
81
No
Rack, magazine, 48"x48" (20 maga
1
Closed
Closed
No
1 OCT 97
76
B-Fit
82
No
Refrigerator, freezer
1
Closed
Closed
No
1 OCT 97
76
B-Fit
84
No
Table, 18"x24", rollers
1
Closed
Closed
INo
1 OCT 97
76
B-Fit
85
No
Typewriter, electric, ibm wheelwrite
1
Closed
Closed
No
1 OCT 97
76
B-Flt
86
No
jworkstation, 2 user, combined, ove
1
Closed
Closed
No
1 OCT 97
76
B-Fit
431
No
Table, conference, 4x8
1
Closed
Closed
No
1 OCT 97
76
B-Fit
432
No
Pedestal, mobile, 2drw, locking
1
Closed
Closed
No
1 OCT 97
76
B-FLT
70070
0
CORK BOARD, BLUE
1
No
76
BRFRMS
87
No
Chair, sled based
14
Closed
Closed
jNo
1 OCT 97
76
BRFRMS
88
No
board, Dry erase 4x4
4
Closed
Closed
INo
1 OCT 97
76
BRFRMS
89
No
I
lboard, Cork, 3x4
1
Closed
Closed
No
1 OCT 97
76
brfrms
345
No
partition, Eft
4
Closed
Closed
No
1 OCT 97
76
BRFRMS
455
No
Tables
4
Closed
Closed
No
1 OCT 97
Status changed from to a, Lin
76
C-FLT
90
No
CORKBOARD
3
Closed
Closed
No
1 OCT 97
76
C-Fit
91
No
Chair, sled -based
26
Closed
Closed
No
1 OCT 97
Status changed from to c, Qty
76
C-Fit
92
No
Chair, roller, swivel
12
Closed
Closed
No
1 OCT 97
76
C-Fit
95
DR
2
boards, Dry erase, white, 2x3
6
Closed
Closed
No
1 OCT 97
""* 2 items Released by LRRA
76
C-Fit
96
No
Pedestal, mobile, 3 drawers
5
Closed
Closed
No
1 OCT 97
76
C-Fit
97
No
Workcenter, 2 person, 2 shelf locki
5
Closed
Closed
No
1 OCT 97
76
C-Fit
98
No
board, bulletin, 5x6
2
Closed
Closed
No
1 OCT 97
76
C-Flt
99
No
Couch, blue/brown, 3 person
2
Closed
Closed
No
1 OCT 97
76
C-Fit
100
No
Workcenter, 1 person, credenza att
2
Closed
Closed
No
1 OCT 97
76
C-Flt
101
No
Bookcase, 1 credenza, locking, 2 d
1
Closed
Closed
No
1 OCT 97
76
C-Flt
102
No
Bookshelf, 2 shelf credenza, 3 dra
1
Closed
Closed
No
1 OCT 97
76
C-Flt
103Noi
iworkstation, I person, 3 drawer, 3 c
1
Closed
Closed
No
1 OCT 97
76
C-Fit
105
No
Podium, wood
1
Closed
Closed
No
1 OCT 97
76
C-Flt
106
No
Refrigerator, freezer
1
Closed
Closed
No
1 OCT 97
76
C-Flt
107
No
Table, conference, 4x8
1
Closed
Closed
No
1 OCT 97
76
C-Flt
108
No
table, Typewriter, 2 folding leafs, r
1
Closed
Closed
No
1 OCT 97
76
C-Fit
109
No
Typewriter, ibm wheelwriter 30 seri
1
Closed
Closed
No
1 OCT 97
76
C-Flt
456
No
IFan
1
Closed
Closed
No
1 OCT 97
Status changed from to a, Lin
76
CC
115
No
ICabinet, 2 door, 6ft.
1
Closed
Closed
No
1 OCT 97
76
CC
117
No
PROJECTOR STAND
1
Closed
Closed
No
1 OCT 97
76
Chute Maint
119
No
cabinet, Metal shop
7
Closed
Closed
No
1 OCT 97
76
Chute Maint
120
No
chair, Swivel
5
Closed
IClosed
INo
1 OCT 97
Report sorted by Bid, Room, Line number. Page 3 of 9
EXHIBIT A
Bid Room Line LRRA Noun Serial Qty Org Off LABEL Dateav Cond Dispo Remarks
76
Chute Maint
121
No
Chair, arm
2
Closed
Closed
No 11
OCT 97
76
Chute Maint
122
DR
1
Cabinet
1
Closed
Closed
No 11
OCT 97
"' 1 items Released by LRRA
76
Chute Maint
123
No
hood, Fume
1
Closed
Closed
No
1 OCT 97
76
Chute Maint
124
No
table, Main
1
Closed
Closed
No
1 OCT 97
76
Chute Stora
127
Ns
table, wood, padded
1
Closed
Closed
No
1 OCT 97
76
Chute Stara
128
No
cabinet, tool, 4 drawer
1
Closed
Closed
No
1 OCT 97
76
Chute Stora
129
DR
1
case, Display
1
Closed
Closed
No
1 OCT 97
1 items Released by LRRA
76
Chute Stora
130
No
table, Metal padded
1
Closed
Closed
No
1 OCT 97
76
Chute Stora
131
No
cabinet, Metal storage
1
Closed
Closed
No
1 OCT 97
76
Chute Stora
132
No
table, Wood, padded, octagon
1
Closed
Closed
No
1 OCT 97
76
D FLT
133
No
Chair, arms, sled -based
17
Closed
Closed
No
1 OCT 97
76
D FLT
134
No
Chair, executive, arms, roller, swiv
14
Closed
Closed
No
1 OCT 97
Status changed from to c, Qty
76
D FLT
136
DR
4
Board, dry -erase, 24"46"
8
Closed
Closed
No
1 OCT 97
Status changed from too. Qty
76
D FLT
137
No
Lockers, metal, connected
6
Closed
Closed
No
1 OCT 97
76
D FLT
138
No
Workeenter, 2USER, storage sheiv
5
Closed
Closed
No
1 OCT 97
76
D FLT
139
No
cabinet, file, 2-drawer
3
Closed
Closed
No
i OCT 97
76
D FLT
140
No
Couch, 3-person, 75"
2
Closed
Closed
No
1 OCT 97
76
D FLT
141
No
Workcenter, 1 person, divided, shel
2
Closed
Closed
No
1 OCT 97
76
D FLT
142
DR
1
board, bulletin, 36"x48"
1
Closed
Closed
No
1 OCT 97
*`" 1 items Released by LRRA
76
D FLT
143
No
Board, chalk, 72"x96"
1
Plosed
Closed
No
1 OCT 97
76
D FLT
144
No
Cart, rolling, typewriter
1
Closed
Closed
No
1 OCT 97
Status changed from C to a, Q
76
D FLT
146
No
Refrigerator, full-sized, gibson
1
Closed
Closed
No
1 OCT 97
76
D FLT
147
No
Table, conference, 48"x84"
1
Closed
Closed
No
1 OCT 97
76
D FLT
148
No
Workstation bookshelf, covered sto
1
Closed
Closed
No
1 OCT 97
76
d fit
348
No
cart, projector
1
Closed
Closed
No
1 OCT 97
76
d fit
349
No
cabinet, display
1
Closed
Closed
No
1 OCT 97
76
D-FLT
2280
0
PICTURE
1
No
76
D-FLT
11370
0
CABINET, FILE 3 DRAWER
2
No
76
DTY DES
149
No
Chairs, executive, rollers
6
Closed
Closed
No
1 OCT 97
76
DTY DES
150
No
Cabinet, storage, 1x1, 6 shelves
2
Closed
Closed
No
1 OCT 97
76
DTY DES
151
No
Cabinet, storage, 3x6, 8 shelves, to
1
Closed
Closed
No
1 OCT 97
76
DTY DES
153
No
board, Dry erase
1
Closed
Closed
No
1 OCT 97
76
DTY DES
154
No
Fan, floor
1
IClosed
Closed
No
1 OCT 97
76
DTY DES
156
No
Picture, (lubbock)
1
Closed
Closed
No
1 OCT 97
76
DTY DES
157
No
Picture, reese airriled diagram
1
Closed
Closed
No
1 OCT 97
76
DTY DES
158
No
TYPEWRITER STAND
1
Closed
Closed
No
1 OCT 97
76
DTY DES
159
No
Typewriter, ibm wheelwriter
1
Closed
Closed
No
1 OCT 97
76
duty desk
365
No
monitor color 2
1
Closed
Closed
No
1 OCT 97
fec from 171sq #10
Report sorted by Bid, Room, Line number. Page 4 of 9
EXHIBIT A
Bid Room Line FERRA-1 Noun Serial Qty Org Off LABEL Dateav Cond Dispo Remarks
76
E FLT
155
No
lboard,
Magnetic
1
Closed
Closed
No
1 OCT 97
Status changed from to c, Ro
76
E FLT
160
No
Chair, arms, sled -based
20
Closed
Closed
No
1 OCT 97
Status changed from to c, Qty
76
E FLT
161
No
Chair, executive, arms, roller, swiv
12
Closed
Closed
No
1 OCT 97
76
E FLT
162
No
Board, dry -erase, 24"'x36"
10
Closed
Closed
No
1 OCT 97
76
E FLT
164
No
cabinet, File, 3-drawer, locking
4
Closed
Closed
No
1 OCT 97
76
E FLT
165
No
Locker, metal connected
6
Closed
Closed
No
1 OCT 97
76
E FLT
166
No
Workcenter, 2 person, divided, star
5
Closed
Closed
No
1 OCT 97
76
E FLT
167
No
Workcenter, 1 person, divided, shel
3
Closed
Closed
No
1 OCT 97
76
E FLT
168
No
board, bulletin, 72"x84"
2
Closed
Closed
No
1 OCT 97
76
E FLT
169
DR
1
board, bulletin, 36"x48"
1
Closed
Closed
No
1 OCT 97
'** 1 items Released by LRRA
76
E FLT
170
No
Board, chalk, 72"x96"
1
Closed
Closed
No
1 OCT 97
76
E FLT
171
No
Cart, rolling, video
1
Closed
Closed
No
1 OCT 97
76
E FLT
172
No
Couch, 3-person, 75"
1
Closed
Closed
No
1 OCT 97
76
E FLT
173
No
Refrigerator, full-sized, general elec
1
Closed
Closed
No
1 OCT 97
76
E FLT
175
No
Table, conference, 48"x84"
1
Closed
Closed
No
76
E FLT
176
No
Workstation bookshelf, covered sto
1
Closed
Closed
No
76
E FLT
177
No
Workstation bookshelf, covered sto
1
Closed
Closed
No
P
76
aft
350
No
podium
1
Closed
Closed
No
76
a fit
351
No
typewriter, ibm
1
Closed
Closed
No
76
E-FLT
70100
0
OVERHEAD PROJECTOR
1
No
76
exec/mas br
364
No
vcr player 1I2"
1
Closed
Closed
No
1 OCT 97
fec from 171 sq #9 Status Chang
76
F-Flt
178
No
Chair, sled -based
28
Closed
Closed
No
1 OCT 97
76
F-Flt
179
No
Chair, executive, arms, rollers, swiv
13
Closed
Closed
No
1 OCT 97
76
F-Fit
180
DR
1
Board, dry erase, 24"x36"
8
Closed
Closed
No
1 OCT 97
*'* 1 items Released by LRRA
76
F-Fit
182
No
Workstation, 2 users, divided, stora
6
Closed
Closed
No
1 OCT 97
76
F-Fit
183
No
Pedestal, mobile, 3 drawers, lockin
3
Closed
Closed
No
1 OCT 97
76
F-Fft
185
No
Couch, arms, sled base, light blue,
2
Closed
Closed
No
1 OCT 97
76
F-Fft
186
No
Pedestal, mobile, 2 drawers, lockin
3
Closed
Closed
No
1 OCT 97
76
F-Fft
188
No
Board, scheduling, 4'x1 O'
1
Closed
Closed
No
1 OCT 97
76
F-Flt
189
DR
1
Board, wood, hanging, 50"x5O"
1
Closed
Closed
No
1 OCT 97
— 1 items Released by LRRA
76
F-Fft
191
DR
1
board, bulletin, 50"x35"
1
Closed
Closed
No
1 OCT 97
* 1 items Released by LRRA
76
F-Fit
192
No
Cabinet, file, lateral, T, 3 drawers,
1
Closed
Closed
No
1 OCT 97
76
F-Fit
193
No
Cabinet, file, lateral, 4', 2 drawers,
1
Closed
Closed
No
1 OCT 97
76
F-Fft
19S
No
Projector, overhead
Model #3890, S
1
Closed
Closed
No
1 OCT 97
1 #3890, SIN 6304138
76
F-Fft
200
No
Refrigerator, small
1
Closed
Closed
No
1 OCT 97
76
F-Fit
201
No
able, conference, 8'x4'
1
Closed
Closed
No
1 OCT 97
76
F-Fit
204
No
Workstation, 1 user, 2 desktops, ov
1
Closed
Closed
No
1 OCT 97
76
F-Flk
206
No
box, Distribution ,hanging, 18 slot,
1
Closed
Closed
No
1 OCT 97
Report sorted by Bid, Room, Line number. Page 5 of 9
EXHIBIT A
Bid Room Line LRRA Noun Serial Qtv Org Off LABEL Dateav Cond Dispo Remarks
76
helmet mai
352
No
board, builletin, cork
1
Closed
Closed
No
1 OCT 97
76
Helmet Main
207
No
chairs, Swivel
2
Closed
Closed
No
1 OCT 97
Status changed from toe, Qty
76
Helmet Main
208
No
cabinet, storage, metal, large
1
Closed
Closed
No
1 OCT 97
76
LADIES
70010
0
CHAIR, STRAIGHT BACK, GREY
1
No
76
LADIES
70020
0
LOCKER UNIT
1
No
76
LADIES
70030
O
CORK BOARD
1
No
76
LOBBY
210
No
Chair, arm, swivel, blue
4
Closed
Closed
No
1 OCT 97
76
LOBBY
211
No
couch, 3 seat, blue
2
Closed
Closed
No
1 OCT 97
76
LOBBY
212
No
table, end, wood 2x2
1
Closed
Closed
No
1 OCT 97
76
LOBBY
213
No
Cabinet, 2 door locking, 30 in.
1
Closed
Closed
No
1 OCT 97
76
LOBBY
214
No
table, Conference 4x7
1
Closed
Closed
No
1 OCT 97
76
LOBBY
216
No
case, Trophy, glass doors, 3x5
1
Closed
Closed
No
1 OCT 97
76
lobby
353
No
table, coffee, wood
1
Closed
Closed
No
1 OCT 97
76
MAS BRF
217
No
Chair, stackalble, graylblack
68
Closed
Closed
No
1 OCT 97
76
MAS BRF
218
DR
1
Chair, sled based
2
Closed
Closed
No
1 OCT 97
"" 1 items Released by LRRA
76
MAS BRF
219
No
Couch, blue, wood frame, 3 perso
3
Closed
Closed
No
1 OCT 97
76
MAS BRF
220
No
Chair, executive,arms,swivel
5
Closed
Closed
No
1 OCT 97
76
MAS BRF
221
No
ICabinet , 2 drawer, gray
1
Closed
Closed
No
1 OCT 97
76
MAS BRF
222
No
Stand , television, blue, metal door
1
Closed
Closed
No
1 OCT 97
76
MAS BRF
223
No
Table, conference, oval
1
Closed
Closed
No
i OCT 97
76
MAS BRF
224
No
Table, navagation
1
Closed
Closed
No
1 OCT 97
76
MAS BRF
225
No
Television, color 25"
1
Closed
Closed
No
1 OCT 97
76
MAS BRF
226
No
Vcr (vhs tote vision)
1
Closed
Closed
No
1 OCT 97
76
MAS BRF
227
No
iscreen, Video projector, approx. 5'x
1
Closed
Closed
No
1 OCT 97
76
mas brf
354
No
lboard, cork
1
Closed
Closed
No
1 OCT 97
76
MAS BRF
3560
0
CORK BOARD 4'X5'
1
No
76
mas brf
394
No
Ichairarms,swivel,blue
2
Closed
Closed
No
1 OCT 97
Status changed from to c, Oty
76
MAS BRF
70040
0
CORK BOARD
1
No
76
MAS BRF
7005
0
locker unit
1
No
76
MAS BRF
70060
0
LOCKER SINGLE
1
No
76
MTGRM
229
No
Chair, sled based
10
Closed
Closed
No
1 OCT 97
76
MTGRM
230
No
Chair, sled based, arms
8
Closed
Closed
No
i OCT 97
76
MTGRM
234
No
table, Conference 400
1
Closed
Closed
No
1 OCT 97
76
MTGRM
235
No
jDRY ERASE BOARD
1
Closed
Closed
No
1 OCT 97
76
MTGRM
236
No
table, End 1x2
1
Closed
Closed
No
1 OCT 97
76
MTGRM
2370
0
OVERHEAD PROJECTOR
2
No
76
MTGRM
238
No
cart, Rolling
1
Closed
Closed
No
1 OCT 97
76
INCOIC
457
No
File cabinet, 3 drawer
1
IClosed
Closed
No
1 OCT 97
Status changed from to a, Lin
Report sorted by Bid, Room, Line number. Page 8 of 9
EXHIBIT A
Bid Room Line FULRERAJ Noun Serial City Org Off LABEL Dateav Cond Dispo Remarks
76
NCOIC OFC
239
No
Chair, SLED BASE
2
Closed
Closed
No
1 OCT 97
76
NCOIC OFC
240
No
Workcenter, 1 person, 3 drawer ca
1
Closed
Closed
No
1 OCT 97
76
OPS MGT
242
No
Workcenter, 1 person, 3 drawer
4
Closed
Closed
No
1 OCT 97
76
OPS MGT
243
No
Chair, arm, swivel
4,Closed
Closed
No
1 OCT 97
76
OPS MGT
244
No
Workcenter. 1 person
2
Closed
Closed
No
1 OCT 97
76
OPS MGT
246
No
Cabinet 5 drawer metal
1
Closed
Closed
No
1 OCT 97
76
OPS MGT
247
No
Cage, gray, 4 compartments
1
Closed
Closed
No
1 OCT 97
76
OPS MGT
248
No
Chair, swivel
1
Closed
Closed
No
1 OCT 97
76
ORS MGT
249
No
workstation, Computer, wood
1
Closed
Closed
No
1 OCT 97
76
OPS MGT
250
No
Picture
1
Closed
Closed
No
1 OCT 97
76
OPS MGT
251
No
Table, oval , gray
1
Closed
Closed
No
1 OCT 97
76
OPS MGT
252
No
Typewriter, ibm selecric iii, brown
1
Closed
Closed
No
1 OCT 97
76
OPS OFF
255
No
Cabinet, storage, W, 5 shelves, to
1
Closed
Closed
No
1 OCT 97
76
OPS OFF
256
No
Chair, arms, blue
2
Closed
Closed
No
1 OCT 97
76
OPS OFF
257
No
CHAIR
1
Closed
Closed
No
1 OCT 97
76
OPS OFF
259
No
Workcenter, 1 person, credenza, 1
7
Closed
Closed
No
1 OCT 97
76
Ops Off
439
No
Refrigerator
1
Closed
Closed
No
1 OCT 97
76
Ops off
448
No
Board, bulletin, blue
1
Closed
Closed
No
1 OCT 97
76
PROG
262
No
Chair, arm, swivel
4
Closed
Closed
No
1 OCT 97
76
PROG
263
No
Workcenter, 1 person, 2 drawers
1
Closed
Closed
No
1 OCT 97
76
PROG
264
No
Chair,arms, swivel,blue
2
Closed
Closed
No
1 OCT 97
Status changed from toe, Qty
76
PROG
265
No
DIVIDER, Room, blue, metal trim
2
Closed
Closed
No
1 OCT 97
76
PROG
266
No
WORKCENTER, 1 person, 1 keyb
1
Closed
Closed
No
1 OCT 97
76
PROG
268
No
jCabinet, metal, black, 2 shelf, woo
1
Closed
Closed
No
1 OCT 97
76
PROG
No
TYPEWRITER
1
Closed
Closed
No
1 OCT 97
76
PROG
No
workcenter, 1 user
2
Closed
Closed
No
1 OCT 97
76
PROG
124718
No
FILE CABINET
1
Closed
Closed
No
1 OCT 97
76
Prog
No
workcenter, 1 user
1
Closed
Closed
No
1 OCT 97
76
PROG
0
0
CABLNET, FILE, 2DRAWER
1
No
76
RSU LockerNo
Microphones, handheld
7
Closed
Closed
No
1 OCT 97
76
RSU Locker
272
No
Binoculars
5
Closed
Closed
No
1 OCT 97
76
RSU Locker
273
No
Microphones, headsets
2
Closed
Closed
No
1 OCT 97
76
RSU Locker
274
No
Vacuum, dustbuster
1
Closed
Closed
No
1 OCT 97
76
RSU LOCK
1002
0
O
CHARGER
1
No
76
RSU LOCK
10050
0
BATTERY, VHF
1
No
76
RSU LOCK
10060
0
RADIO, VHF, HANDHELD
1
No
76
RSU LOCK
10070
0
TRANSFORMER, 12 VOLT
1
No
76
SAFETY
275
No
Cabinet, file, lateral, 3 tt, 2 drawer, I
2
Closed
Closed
No
1 OCT 97
Report sorted by Bid, Room, Line number. Page 7 of 9
EXHIBIT A
Bid Room Line FL—R—RA7 Noun Serial Qty Org Off LABEL Dateav Cond Dispo Remarks
76
SAFETY
276
No
Chair, executive, arms, swivel, blue
2
Closed
Closed
No
1 OCT 97
76
SAFETY
277
No
Workoenter, 1 person, 3 drawer, ov
2
Closed
Closed
No
1 OCT 97
76
SAFETY
278
No
Chair, sled based
1
Closed
Closed
No
1 OCT 97
76
SAFETY
279
No
BOARD, CORK, 3x4
1
Closed
Closed
No
1 OCT 97
76
SAFETY
280
No
BOARD, DRY ERASE, 4x4
1
Closed
Closed
No
1 OCT 97
76
SAFETY
281
No
BOARD, DRY ERASE 3x6
1
Closed
Closed
No
1 OCT 97
76
Secreatry
282
No
WORKSTATION, 3 person, 1 keyb
1
Closed
Closed
No
1 OCT 97
76
Secreatry
284
No
Chair, executive, anus, swivel
1
Closed
Closed
No
1 OCT 97
76
Secreatry
285
No
Chair, sled based
1
Closed
Closed
No
1 OCT 97
76
Secreatry
287
No
TABLE, Rolling, wood top
1
Closed
Closed
No
1 OCT 97
76
Secreatry
288
No
Typewriter, ibm wheelwriter 70 seri
1
Closed
Closed
No
1 OCT 97
76
SNK BAR
291
Na
jVacuum (hoover elite 17.0)
2
Closed
Closed
No
1 OCT 97
76
SNK BAR
292
No
Chair, executive,arms,swivel
1
Closed
Closed
No
1 OCT 97
76
SNK BAR
293
No
Chair, sled based
1
Closed
Closed
No
1 OCT 97
76
SNK BAR
358
No
REFRIGERATOR
1
Closed
Closed
No
1 OCT 97
76
snk bar
370
No
board, bulletin, cork
2
Closed
Closed
No
—1OCT 97
76
snk bar
371
No
microwave
1
Closed
Closed
INo
1 OCT 97
Status changed from to c, No
76
snk bar
417
No
stand, microwave
1
Closed
Closed
No
1 OCT 97
76
SNK BAR
458
No
Ice Machine
1
Closed
Closed
No
1 OCT 97
Status changed from to a, Lin
76
TRIM
295
No
Cabinet, 5 drawer, metal
2
Closed
Closed
No
1 OCT 97
76
TRIM
296
No
Chair, sled based, arms
2
Closed
Closed
No
1 OCT 97
5tatus changed from to c, Qty
76
TRIM
297
No
Table/desk, 3 x 6
1
Closed
Closed
No
1 OCT 97
76
trim
361
No
fan, floor
1
Closed
Closed
No
1 OCT 97
76
TRIM
444
No
Chair, anus, swivel, blue
1
Closed
Closed
No
1 OCT 97
76
V-Flt
298
No
Chair, executive, arms, rollers, swiv
14
Closed
Closed
No
1 OCT 97
76
V-Fit
299
No
Chair, sled base
14
Closed
Closed
No
1 OCT 97
Status changed from C to a, Q
76
V-Flt
300
No
Workstation, 1 user, divided, overh
10
Closed
Closed
No
1 OCT 97
Status changed from to c, Qty
76
V-Flt
301
No
BOARD, White 36"
9
Closed
Closed
No
1 OCT 97
XFER TO BLDG 250
76
V-Flt
302
No
Cabinet, pedestal, mobile, 3 drawer
9
Closed
Closed
No
1 OCT 97
76
V-Flt
304
No
board, Bulletin
2
Closed
Closed
No
1 OCT 97
76
V-Flt
305
No
Cabinet, pedestal, mobile, 2 drawer
3
Closed
Closed
jNo
1 OCT 97
76
-Flt
306
No
BOX, Distribution, wood, 7 slot, ha
2
Closed
Closed
No
1 OCT 97
76
V-FIt
307
No
ICabinet, 2 door, locking
1
Closed
Closed
No
1 OCT 97
Status changed from to c, Qty
76
V-Fh
308
No
Cabinet, file, lateral, 3 drawer, 2 sh
1
Closed
Closed
No
i OCT 97
76
V-Ftt
309
No
Cabinet, file, lateral, 2 drawer, 1 sh
1
Closed
Closed
No
1 OCT 97
76
V-Flt
310
No
Couch, sled base, arms, light blue
1
Closed
Closed
No
1 OCT 97
76
V-Flt
311
No
BOX, Distribution, plastic, 3 slot, he,
1
Closed
Closed
No
1 OCT 97
76
V-Flt
312
No
BOARD, White, scheduling, 50"
2
Glosed
Closed
No
1 OCT 97
Report sorted by Bid, Room, Line number. Page 8 of 9
EXHIBIT A
Bid Room Line F LRRA] Noun Serial Qty Org Off LABEL Dateav Cond Dispo Remarks
76
V-FLT
3150
O
CABINET, WOOD, 3 DRAWER
1
No
76
V-Flt
375
No
chair,arrns,swivel,blue
1
Closed
Closed
No
1 OCT 97
76
V-Flt
436
No
Cabinet, file, 2drw, locking
1
Closed
Closed
No
1 OCT 97
76
V-Flt
445
No
Chair, arms, swivel, blue
1
Closed
Closed
No
1 OCT 97
76
V-FIVCC
314
No
Board, bulletin, 40"
1
Closed
Closed
No
1 OCT 97
76
V-FIVCC
316
No
Cabinet, file, lateral, 3 shelf
1
Closed
Closed
No
1 OCT 97
76
V-FIVCC
319
No
Couch, sled base, arms, light blue
1
Closed
Closed
No
1 OCT 97
76
V-FIVCC
320
No
Refrigerator, freezer
1
Closed
Closed
No
1 OCT 97
76
V-FIVCC
321
No
BOARD, WHITE, 36"
1
Closed
Closed
No
1 OCT 97
76
V-FIVCC
322
No
Workstation, 1 user, overhead star
1
Closed
Closed
No
1 OCT 97
76
V-Flttcc
376
No
chair,arms,swivel
1
Closed
Closed
No
1 OCT 97
Status changed from to c, Qty
76
V-FIVFE
323
No
Chair, executive, arms, rollers, swiv
4
Closed
Closed
No
1 OCT 97
76
V-FIVFE
324
No
Cabinet, pedestal, 3 drawer, lockin
2
Closed
Closed
No
1 OCT 97
76
V-FIVFE
326
No
Workstation, 1 user, divided, overh
3
Closed
Closed
No
1 OCT 97
76
V-FIVFE
326
No
BOARD, White, 36"
1
Closed
Closed
No
1 OCT 97
76
V-FIVFE
329
No
Cabinet, file, upright, letter, 5 draw
1
Closed
Closed
No
1 OCT 97
76
V-FIVFE
330
No
Cabinet, lateral, file, 3 drawer, 2 sh
1
Closed
Closed
No
1 OCT 97
76
V-FIVFE
332
No
Table, follers, folding ends
1
Closed
Closed
No
1 OCT 97
76
V-FIVFE
377
No
typewriter, ibm,wheetwriter
1
Closed
Closed
No
1 OCT 97
76
XO OFF
333
No
Chair, sled based
3
Closed
Closed
No
1 OCT 97
Status changed from to c, Qty
76
XO OFF
334
No
Cabinet, storage, 3 shelves, lockin
1
Closed
Closed
No
1 OCT 97
76
XO OFF
336
No
I
ICabinet, storage, 7x3, locking
1
Closed
Closed
No
1 OCT 97
76
XO OFF
337
No
Chair, executive, rolling
1
Closed
Closed
No
1 OCT 97
76
XO OFF
338
No
Enclosure, glass wall, 5 panel, w/d
1
Closed
Closed
No
1 OCT 97
76
XO OFF
340
No
lworkcenter, 1 person, credenza, 2
1
Closed
Closed
No
1 OCT 97
Report sorted by Bid, Room, tine number. Page g of 9
EXHIBIT A
EAID for Bid: 76
Printed: 111W8 17:21:22
Bid Room Account Detail LRRA Noun Serial NSN Qty Org Off Label Cond Dispo Remarks
76
917A1
0001
No
FACSIMILE DIGIT
5815PMODEL80
1
Yesl
IP
FET FM 171SO Dispositio
76
917A1
0002
No
MASTER STAT DIG
5830PMODEL170
1
Yes
P
FET FM 171SQ Dispositio
76
917A1
0002
No
INTERCOMMUN
5830008688829
2
Yes
P
FET FM 171SQ Dispositio
76
917A1
0003
No
TRNR VOR PROC
6910L100081 J
8
Yes
P
FET FM 171 SQ Quantity
76
917A1
0005
No
T37 INSTR PANEL
6910L100103J
21
Yes
P
FET FM 171SQ Dispositio
Report sorted by Room, Account, Detail.
Page 1 of 1
EXHIBIT A
ADPE for Building: 76
Printed: 1 i/EV98 17:21:26
Bid Room Account PLN Mach FT LRRA Noun Serial Org Off Label Dateav Cond Dispo Remarks
76
99
4
440
No
MODEL 100 MODEM
1111
No
76
99
4
1521
No
D411 KEYBOARD
G33581 B-01
No
76
99
92
3751
No
101 KBRD W/PS12 CO
930703532
No
76
99
9Z
3752
No
POINT DEV:PS/2 400
LT273NO1680
No
76
99
9Z
3771
No
101 KBRD WIPS12 CO
930605513
No
76
99
9Z
3801
No
101 KBRD W/PS/2 CO
930503721
No
76
99
9Z
3802
No
POINT DEV:PS/2 400
LT273NO1593
No
76
99
9z
3811
No
101 KBRD W/PS12 CO
930703535
No
76
99
9Z
3812
No
POINT DEV:PS/2 400
LT273NO1686
No
76
99
9Z
362
1
No
101 KBRD W/PS/2 CO
9619323
No
76
99
DA
1261
No
101 KBRD WIPS/2 CO
S942938321
No
76
99
DA
1262
No
POINT DEV:PS/2 400
LF41501416
No
76
99
DA
1281
No
101 KBRD WIPS/2 CO
S942938413
No
76
99
DA
1282
No
POINT DEV:PS/2 400
LF41501419
No
76
99
DA
1311
No
101 KBRD WIPS/2 CO
S943170519
No
76
99
DA
1312
No
POINT DEV:PS/2 400
LF41205083
No
76
99
DA
2201
No
101 KBRD WIPS/2 CO
S943786451
No
76
99
DA
2202
No
POINT DEV:PS/2 400
943779285
No
76
99
DA
2241
No
101 KBRD W/PS12 CO
S943533009
No
76
99
DA
2242
No
POINT DEV:PS/2 400
954424818
No
76
99
DA
2251
No
101 KBRD WIPS/2 CO
S943763076
No
76
99
DA
2252
No
POINT DEV:PS/2 400
943779348
No
76
99
DA
2981
No
101 KBRD WIPS/2 CO
S944012199
No
76
99
DA
2982
No
POINT DEV:PS12 400
943776913
No
76
99
DA
2991
No
101 KBRD W/PS/2 CO
S944008841
No
76
99
DA
2992
No
POINT DEV:PS/2 400
LF41800990
No
76
99
DA
4271
No
101 KBRD W/PS/2 CO
S943170521
No
75
99
DA
4272
No
POINT DEV:PS12 400
LF41205111
No
76
99
DA
4451
No
101 KBRD WIPS/2 CO
E05009001
No
76
99
DA
4452
No
POINT DEV:PS/2 400
954293226
No
76
A/FLT
99
9S
10160
No
2400 BAUD MODEM E
F00000173629
No
76
ADMIN
99
9U
184.0
No
WIDE CAR DOT MATT
405149295
No
76
FLT
99
DA
4270
No
ADVANCED SYSTEM
4JSBUX001509
No
76
AFLT
99
IDA
42810
No
MONITOR:14:.28" DO
MSSK4071025185
No
Report sorted by Room, Account, Mach, and FT. Page 1 of 3
EXHIBIT A
Bid Room Account PLN Mach FT LRRA Noun Serial Org Off Label Dateav Cond Dispo Remarks
76
AFLT/
99
DA
2250
No JADVANCED
SYSTEM
4MSBUX011655
No
76
AFLT/
99
DA
2280
No
MONITOR:14:.28" DO
MSSK4071023621
No
76
AFORM
99
17
470
No
2121 LDSU,MODEM,1
73611
No
76
AFORM
99
3
1660
No
GRAPHICS PRINTER
24761
No
76
AFORM
99
3
1810
No
VAR. SPEED MODEM
33704
Na
76
AFORM
99
4
190
No
D411 MONITOR WICA
G336504
No
76
AFORM
99
9Z
3770
No
EXECUTIVE 486SX/25
1200363
No
76
AFORM
99
9Z
3850
No
SAMSUNG .39 MONIT
H8WD511617
No
76
AOPS
99
9S
10170
No
2400 BAUD MODEM E
F05000313248
No
76
AOPS
99
9Z
3810
No
EXECUTIVE 486SX125
1200287
No
76
AOPS
99
9Z
3890
No
SAMSUNG .39 MONIT
H2LC202142
No
76
AOPS
99
DA
j 1240
No
MONITOR:14".28" DO
MSSK4071025283
No
76
AOPS
99
DA
2960
No
ADVANCED SYSTEM
4NSBUX014180
No
76
AOPS/
99
DA
2240
No
ADVANCED SYSTEM
4MSBUX012311
No
76
AOPS/
99
DA
2320
No
MONITOR:14:.28" DO
MSSK4071023751
No
76
BROKE
99
9S
5120
No
Z248 COMPUTER
750AH0172
No
76
BROKE
99
9S
5122
No
KEYBOARD
634YC
No
76
BROKE
99
9S
5130
No
MONOCHROME MONI
9527882
No
76
CC
99
DA
2961
No
101 KBRD WIPS12 CO
S943172252
No
76
CC
99
DA
2962
No
POINT DEV:PS/2 400
LF41205057
No
76
CONFR
199
9Z
3800
No
EXECUTIVE 486SX125
1200163
No
76
DUTY
99
9Z
5730
No
GTE 286 CPU
DSG92AR20045
No
76
DUTY
99
9Z
5740
No
SAMSUNG MONITOR
H81UB100637
No
76
DUTY
99
9Z
5750
No
jCODEX MODEM
866435
No
76
E-FLT
99
4
390
No
MODEL 100 MODEM
1108
No
76
EFLT
99
4
1480
No
D411 MONITOR WICA
G293542
No
76
EFLTI
99
DA
1190
No
MONITOR:14".28" DO
MSSK4071025500
No
76
EFLTI
99
DA
1310
No
ADVANCED SYSTEM
4JSBUX001508
No
76
EFLTI
99
DA
2980
No
ADVANCED SYSTEM
4MSBUX013131
No
76
EFLT!
99
DA
3020
No
MONITOR:14:.28" DO
MISK4054015238
No
76
FFLTI
99
DA
2990
No
ADVANCED SYSTEM
4JSBUX001835
No
76
FFLTI
99
DA
3000
No
MONITOR:14:.28" DO
MISK4054015101
No
76
LAN
99
9Z
1 510
INO
11 DBASE T 24E LAN H
7094300018070LD
No
76
LAN
99
9Z
1 810
No
SEH-24 24 PORT HUB
765445002007ORM
No
76
LIFE
99
9U
2431
No
SMALL COLOR MONI
23Y6047
No
76
LIFE
99
9Z
980
No
PANASONIC NLO PRI
3GMBGD66747
No
76
LIFE
99
9Z
3820
No
EXECUTIVE 486SX125
1200059
No
76
IPROG
99
9Z
126110
No
CANON COLOR BUBB
SRT75399
No
Report sorted by Room, Account, Mach, and FT. Page 2 of 3
EXHIBIT A
Bid Room Account PLN Mach FT LRRA Noun Serial Org Off Label Dateav Cond Dispo Remarks
76
PROG
99
9Z
133610
INO
21 INCH VGA COL M
54TSE01147139
No
76
PROG
99
9Z
14960
INO
486 DX41100 COMPUT
5NSDMW001345
No
76
PROG
99
9Z
15000
No
17" CTX COLOR MON
H1052800089
No
76
PROG
99
DA
4450
No
ADVANCED SYSTEM
5CSDLH000059
No
76
SEC
7000
PRINTER, DOT MATR
389171976
No
76
SEC
99
9Z
3750
No
EXECUTIVE 486SX/251200306
No
76
SEC
99
9Z
3830
No
SAMSUNG .39 MONIT
H3QC102513
No
76
SQSCH
99
4
380
No
MODEL 100 MODEM
1121
No
76
SOSCH
99
4
400
No
MODEL 100 MODEM
1123
No
76
TOG
99
4
250
No
D411 MONITOR W/CA
G336537
No
76
TOG
99
4
280
No
D411 MONITOR WlCA
G336505
No
76
TOC
99
4
360
No
MODEL 100 MODEM
1105
No
76
TOG
99
4
450
No
MODEL 100 MODEM
1109
No
76
TRIM
99
3
11211
No
TRANSPORT PRINTE
F08128647L
No
76
TRIM
99
9S
5110
No
COLOR MONITOR
848NC0359TOQ
No
76
TRIM
99
9U
2436
No
BASIC SYSTEM
418458741
No
76
TRIM
99
9U
2432
No
INT 5.25 FLOPPY DK
P645592
No
76
TRIM
99
9U
2433
No
MED CAP HARD DSK
510207230328
No
76
TRIM
99
91.1
2434
No
KEYBOARD (MODEL
J2-133759
No
76
TRIM
99
91.1
2435
No
POINT DEV:PS/2 400
538317
No
76
V-FLT
99
4
430
No
MODEL 100 MODEM
1101
No
76
VFLTI
99
DA
2200
No
ADVANCED SYSTEM
4MSBUX011181
No
76
VFLT/
99
DA
2260
No
MONITOR:14:.28" DO
MSSK4071023314
No
76
VIPER
99
DA
1170
No
MONITOR:14".28" DO
MSSK4071025532
No
76
VIPER
99
DA
1280
No
ADVANCED SYSTEM
4HSBUX000578
No
76
XO
99
DA
1200
No
MONITOR:14".28" DO
IMSSK4071025286
No
76
XO
99
IDA
1260
No
JADVANCED SYSTEM
14HSBUX000570
I No
Report sorted by Room, Account, Mach, and FT. Page 3 of 3
EXHIBIT B
FLOOR PLAN OF THE LEASED PREMISE
MAP OF THE LEASED PREMISES
B-1—Floor Plan
B-la—Building #76 Floor Plan
B-2—Area Layout
B-2a—Map
EXHIBIT B-la
1 �-
I
I
1
I
1
1
1
I
1
1
I
f
I
1
I
I
Mm BLDG 76
E-EM m I
&L19-gh
FLIGVT .AC
11
L
<ING
78 7s
71
EXHIBIT B-2a
am• r
VA
FA VA A /drdA
F 7,
LEASED PREMISES
"'�""� NORTH
670
EXHIBIT C
PHYSICAL CONDITION REPORT
In accordance with Condition 4.2.1 of the Lease for Building 76 consisting of
approximately 24,234 total square feet and approximately 1.5 acres, C. Diane Bailey, Real
Property Assistant, Air Force Base Conversion Agency (AFBCA) inspected subject property on
28 December, 1998 for the physical condition and state of repair.
The videotape recording of this inspection is on file with the AFBCA. The property is in
satisfactory condition. The videotape is an official part of these records and will provided a
detailed record of the condition of the facilities.
The Lessee has inspected or had an opportunity to inspect the property with the
Government and agrees with the Government's Physical Condition Report.
Agreed to this Z S day DEPARTMENT OF THE AIR FORCE
of " -, 1999.
PA I L -
BY
ROBERT E. LACKEY
Site Manager
Air Force Base Conversion Agency
Agreed to this Z 5— day CITY OF LUBBOCK
of 6e8 , 1999.
BY �///-
N WALKER
Chief of Police
City of Lubbock
EXHIBIT D
ENVIRONMENTAL CONDITION REPORT
The undersigned Parties agree that they have read and understand the Base Wide
Environmental Baseline Survey (BEBS) for Reese Air Force Base, TX, dated November 1996,
and the Supplemental Baseline Survey (SEBS) for Building 76, dated December 21, 1998. Each
Party affirmatively states that it has had the opportunity to (a) perform any inspections it deems
appropriate to adequately document the conditions of the Premises and the properties that are
subject to this Lease; (b) contribute to the development of the BEBS and the SEBS; and (c)
perform inspections it deems appropriate for this transaction. The Parties further agree that,
subject to the limits of the methodology employed in preparing the BEBS and SEBS inspections,
the condition of the Premises and property that are the subject of this Lease are, to the best of
each Parties' knowledge, as described in the BEBS and SEBS at the time of the signing of the
Lease.
Agreed to this day
of , 1999.
Agreed to this Z day
of FSM—, 1999.
DEPARTMENT OF THE AIR FORCE
BY
ROBERT E. LACKEY
Site Manager
Air Force Base Conversion Agency
CITY OF LUBBOCK
//��BY Cy,
'KEN WALKER
Chief of Police
City of Lubbock
EXHIBIT D
SUPPLEMENT TO THE BASE -WIDE ENVIRONMENTAL BASELINE SURVEY
Building 76
Reese Air Force Base, Texas
This supplement to the Base -Wide Environmental Baseline Survey (EBS) documents
updates to the environmental conditions of Building 76 at Reese Air Force Base (AFB) and is
based on a review of the November 1996 Reese AFB Base -Wide EBS and a visual site
inspection (VSI) of the property which was conducted on December 15, 1998. Based on an
analysis of the available data, this survey concludes that the property is Environmental Condition
Category 5 - Areas where storage, release, disposal, and/or migration of hazardous substances
has occurred, removal and/or remedial actions are underway, but all required remedial actions
have not yet been taken.
This supplement to the Base -Wide EBS collects available information to establish the
current physical and environmental conditions of Building 76, and to assist the Air Force in
complying with its obligations under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) as amended (42 U.S.C. Section 9620(h)).
As detailed below, the information in this supplement to the Base -Wide EBS was compiled
from current records, investigations, and visual site inspections. Any changes or information not
outlined below is considered to be the same as stated in the Base -Wide EBS.
The following is an update to the environmental findings listed in the Base -Wide EBS.
3.3.2.3 Current IRP Status
Site
Number
Site Name
Current
Category
Status
SS-02
Tower Area
5
The RCRA Facility Investigation is complete. The on -base
portion of the Interim Corrective Action Expansion is
complete. The off -base portion is currently under construction
and will be complete by June 1999. All other information is
in the Base -Wide EBS.
CERTIFICATION
I certify that the property conditions stated in this report are based on a thorough review of
available records, visual inspections, sampling and analysis as noted and are true and correct, to
the best of my knowledge and belief.
TIMOTHY D. BRECHEEN
BRAG Environmental Coordinator
AFBCA/DC-REESE
Date
s:envlfosllpohce acadeinylebssupp
EXHIBIT D
ENVIRONMENTAL BASELINE SURVEY
Visual Site Inspection BLDG #76 (VSI)
Facility #: 76 Name/Current Use 35th Flying Training Squadron
Past Use: (Same as above)
Location/Topography: 508 Davis Dr./flat
Year of Construction: 1969 _ Major Renovations: 1986
Does/Did facility use Hazardous Material: ❑ Yes ® No Types:
Does/Did facility store Hazardous Material: ❑ Yes ®No Types:
Does/Did Facility generate Hazardous Waste: D Yes ® No Types: _
Does/Did Facility store Hazardous Waste: Yes ® No If Yes Accumulation point #
Satellite point
Other
Years of Storage: N/
Disposal practices:
"Housekeeping" in and around building is ® Good F] Poor
If Poor:
Effluent/discharged waste destination: ® Sanitary Sewer Q Industrial Sewer ❑ Septic Tank ❑ Storm
Drain
Other
Conditions not mentioned that present concerns: _
Interviews:
Page 1 of 2
EXHIBIT D
BUILDING #76 INSPECTION CHECKLIST
Are there any signs of the following on the property (Y-Yes N-No Unk-Unknown)
Content Size Status
A) N UST J) N Noxious Odors
B) N AST K) N Radioactive and Mixed Waste
C) N Oil/Water Separator L) _N Fill Areas/Buried Objects
D) Y 1RP Site Tower Area Plume
E) N Waste Piles/
Evidence of improper disposal
[] Minor AOC
M) N Drums/Drum Storage
N) N Surface Water
w/in ft. to
F) N Transformers O) N Sensitive Receptors
PCBs Unknown PCB Free Label ® w/in ft. to
G) N Floor Drains discharge to
H) N Evidence of Spills/Staining
Minor 7 AOC
1) N Discolored Soil/Stressed Vegetation
Minor AOC
P) N Other: _
COMMENTS/OBSERVATIONS: Item D: Building is in the Tower Plume area, but is not directly
affected. Trace amounts of asbestos were found in the sheetrock in the building. Floor the is assumed to
be positive for asbestos. Some of the flex duct in Mechanical Room 1 is assumed to be positive for
asbestos.
Inspector's Name: Stephen Jones Signature:
Page 2 of 2
Date: 15 Dec 98
❑Fl EXHIBIT D
SPACE DETAIL REPORT
Plant- REES Site BASE System ID: 64CESCE
Building: 76 FLT TNG UPT/UNT Cycle: GY338RE
Space ID Material ID Quant. Priority RFI RF4 RF5 RF6 Lab Rslt Comments
EXT Floor-OX Exterior
3400 sgft
MECH l Floor:01 Mechanical Room
1000 sqft
001
Ceiling - Shectrock
1000 sgft
007
Duct
480 sgft
008
Piping - Heating Hot Water
55 ft
009
Piping - Heating Hot Water
5 ft
AAA
Hvac - Flexible Duct/flex Duct
15 sgfi
NNN
Mech Equip. - Domestic Hot Wat
NNN
Pipe (type Not Specified.)
NNN
Fitting (type Not Specified.)
MECH2 Floor:01 Mechanical Room
36 sgft
NNN
Duct
NNN
Hvac - Flexible Duct/flex Duct
MEC143 Floor:01 Mechanical Room
108 sgft
NNN
Mech Equip. - Domestic Hot Wat -
NNN
Duct
NNN
Batt Insulation Material
NNN
Pipe (type Not Specified.)
NNN
Fitting (type Not Specified.)
NNN
8
3
No Suspect Acm In Spacc.
1 2 0 0 Trace
1 2 0 0 Negative
Canvas Over Fiberglass Duct Insulation.
l 2 0 0 Negative
Canvas Over Fiberglass Pipe Insulation.
1 5 0 0 Negative
Tar Nlrap.
3 1 2 l 0 Assmd
Pos Canvas -like Material.
Assmd Neg.
Fiberglass, Non-suspecl Acre
Assmd Neg
Fiberglass, Non -suspect Acm. Foam Rubber, Non -suspect Acm.
Assmd Neg,
Fiberglass, Non -suspect Acm.
8
No Suspect Acm In Space.
Assmd Neg.
Fiberglass, Non -suspect Acm.
Assmd Neg.
Rubber/vinyl Material.
8 No Suspect Acm In Space.
Assmd Neg. Fiberglass, Non -suspect Acm.
Assmd Neg. Fiberglass, Non -suspect Acm.
Assmd Neg. Fiberglass, Non -suspect Acm
Assmd Neg, Fiberglass, Non -suspect Acm. Foam Rubber, Non -suspect Acm.
Assend Neg. Fiberglass, Non -suspect Acm.
EXHIBIT D
Hvac - Flexible Duct/flex Duct
OFF1 Floor:01Office
18000 sqft
001
Wall - Sheetrock
5700 sgft
001
Ceiling - Shee(rock
3600 sqft
002
Ceiling Tile - Splined
892 sqft
003
Ceiling Tile - Splined
9300 sqft
004
Ceiling Tile - Lay In
135 sqft
005
Ceiling Tile - Splined
240 sqft
006
Ceiling Tile - Lay In
1000 sqft
010
Ceiling Tile - Lay In
1600 sqft
AAA
Vinyl Composite Tile Floor
74 sqft
AAA
Vinyl Composite Tile Floor
1601) sqft
NNN
Duct
NNN
Pipe (type Not Specified.)
NNN
Fitting (type Not Specified.)
NNN
Batt Insulation Material
OFF2 Floor 01 0Mce
1000 sqft
010
Ceiling Tile - Lay In
1000 sqft
AAA
Vinyl Composite Tile Floor
1000 sqft
NNN
Duct
NNN
Batt Insulation Material
NNN
Pipe (type Not Specified.)
NNN
Fitting (type Not Specified.)
7
7
7
7
7
Assmd Neg, Rubber/vinyl Material.
l 5 1 0
Trace
1 2 1 0
Trace
Wall And Ceiling Material Considered Identical.
1 2 1 0
Negative
P X ['White With Fissures.
1 2 1 0
Negative
1' X I' While Willi Large Dots,
1 2 1 0
Negative
2' X 4' White Fissured Pattern.
1 2 1 0
Negative
I' X 1' White With Small Dols.
1 2 1 0
Negative
TX 2' White Fissured Pattern.
1 2 1 0
Negative
TX 2' White Willi Fissures And Dots.
1 8 0 0
Assmd Pos.
12" X 12" Tan.
1 8 0 0
Assmd Pos.
12" X 12" Gray.
Assmd Neg.
Fiberglass, Non -suspect Acm. Above Ceiling.
Assmd Neg. Fiberglass, Non -suspect Acm. Above Ceiling.
Assmd Neg.
Fiberglass, Non -suspect Acm_ Above Ceiling.
Assmd Neg.
Fiberglass, Non -suspect Acm. Above Ceiling
1 2 1 0 Negative TX 2' White With Fissures And Dots.
l 8 0 0 Assmd Pos. 12" X 12" Gray.
Assmd Neg. Partially Above Ceiling.
Assmd Neg, Fiberglass, Non -suspect Acm. Above Ceiling,
Assmd Neg. Fiberglass, Non -suspect Acm. Above Ceiling.
.Assmd Neg. Fiberglass, Non -suspect Acm. Above Ceiling.
Printed on 12/15/98
PCV3 Version:3/22/95 Page I
EXHIBIT D
SPACE DETAIL REPORT
Plant: REES Site BASE System ID: 64CESCE
Building: 76 FLT TNG UPT/LINT Cycle: GY338RE
Space ID Material ID Quant. Priority RF I RF4 RF5 RF6 Lab Rsll Comments
ROOF Floor.OR Roof
25000 sgft 7
AAA
Asphalt And Gravel
25000 sgft 7
T0I1-1 Floor: 01 Toilet Room
1200 sqR 8
001
Ceiling - Sheetrock
1200 sqft
TOIL2 Floor:0I Toilet Room
27 sgft 7
010
Ceiling. Tile - Lay In
27 sqR
AAA
Vinyl Composite Tile Floor
27 sgft 7
1 8 0 0 Assmd Pos.
1 2 1 0 Trace
t 2 1 0 Negative TX T White Will► Fissures And Dots
l 8 0 0 Assmd Pos. 12" X 12" Gray.
EXHIBIT E
OPERATING AGREEMENT
THIS OPERATING AGREEMENT, made and entered into on ,1999, by and
between the United State Air Force ("Government" or "Air Force") and the City of Lubbock ("Lessee").
1. Purpose
This Operating Agreement implements the terms and conditions of Lease No. BCA-REE-12-99-
0201 ("Lease"), between the Air Force and the Lessee, for the use of certain premises or property on
Reese Air Force Base, Texas ("Base"), on an interim basis pending its final disposal pursuant to the Base
Closure and Realignment Act P.L. 100-256.
2. General
The Lease incorporates this Operating Agreement by reference. In the event of any inconsistency
between the provisions of the Lease and those of this Operating Agreement, the provisions of the Lease
will govern. Smoking is not allowed inside the buildings or government vehicles. Violations of
applicable Federal/State/Air Force laws, rules, instructions, and regulations can result in loss of driving
privileges on Reese AFB, TX and for certain offenses, total barment of offenders from the base and/or
prosecution in the United States Federal Court. Government personnel or its agents have the right to stop
any operation that could damage Air Force property or injure personnel.
3. Representatives
The authorized representative for executing and amending this Operating Agreement on behalf of
the Air Force is the Site Manager, AFBCA/DC Reese ("Site Manager"). Except as otherwise specifically
provided, any reference in the Operating Agreement to "Site Manager" shall include the Site Manager's
authorized representatives and duly appointed successors. The authorized representative for executing
and amending this Operating Agreement on behalf or the Lessee is the Captain of the Police Academy.
4. Permits
The Lessee will provide copies of all permits required for operation of the Leased premises from
Federal, State, or local authorities to the Site Manager.
5. Safe
The Lessee will notify the Site Manager of any accident or incident occurring at the leased
premises involving its employees and/or any other persons visiting the leased premises. The Lessee will
promptly furnish such written reports concerning the occurrence as the Site Manager may require.
Copies of any reports concerning accidents will be provided to the Site Manager at the same time as they
are submitted to the proper authority.
EXHIBIT E
OPERATING AGREEMENT
THIS OPERATING AGREEMENT, made and entered into on 1999, by and
between the United State Air Force ("Government" or "Air Force") and the City of Lubbock ("Lessee").
1. Purpose
This Operating Agreement implements the terms and conditions of Lease No. BCA-REE-12-99-
0201 ("Lease"), between the Air Force and the Lessee, for the use of certain premises or property on
Reese Air Force Base, Texas ("Base"), on an interim basis pending its final disposal pursuant to the Base
Closure and Realignment Act P.L. 100-256.
2. General
The Lease incorporates this Operating Agreement by reference. In the event of any inconsistency
between the provisions of the Lease and those of this Operating Agreement, the provisions of the Lease
will govern. Smoking is not allowed inside the buildings or government vehicles. Violations of
applicable Federal/State/Air Force laws, rules, instructions, and regulations can result in loss of driving
privileges on Reese AFB, TX and for certain offenses, total barment of offenders from the base and/or
prosecution in the United States Federal Court. Government personnel or its agents have the right to stop
any operation that could damage Air Force property or injure personnel.
3. Representatives
The authorized representative for executing and amending this Operating Agreement on behalf of
the Air Force is the Site Manager, AFBCA/DC Reese ("Site Manager"). Except as otherwise specifically
provided, any reference in the Operating Agreement to "Site Manager" shall include the Site Manager's
authorized representatives and duly appointed successors. The authorized representative for executing
and amending this Operating Agreement on behalf or the Lessee is the Captain of the Police Academy.
4. Permits
The Lessee will provide copies of all permits required for operation of the Leased premises from
Federal, State, or local authorities to the Site Manager.
5. Safe
The Lessee will notify the Site Manager of any accident or incident occurring at the leased
premises involving its employees and/or any other persons visiting the leased premises. The Lessee will
promptly furnish such written reports concerning the occurrence as the Site Manager may require.
Copies of any reports concerning accidents will be provided to the Site Manager at the same time as they
are submitted to the proper authority.
EXHIBIT E
6. Disputes
The Site Manager and the Executive Director are the focal points for infonnal resolution of any
disputes concerning matters under the Operating Agreement. Disputes under the Operating Agreement
which cannot be resolved infonnally shall be governed by the Lease Provisions,
7. Notices
All notices under this Operating Agreement from either Party shall be sent to the other Party at the
address specified in Conditions 1.5 and 1.6 of the Basic Provisions of this Lease.
8. Termination and Modification
a. This Operating Agreement shall continue in effect until the Lease Expires or is sooner
terminated.
b. This Operating Agreement may be amended or modified only by mutual agreement of the Air
Force and the Lessee in writing and signed by each of the Parties hereto. Notwithstanding the foregoing,
any amendment or modification to this Operating Agreement which materially affects the Lease shall not
be effective unless and until approved by the Secretary of the Air Force or a designated representative of
the Secretary of the Air Force authorized to execute an amendment to the Lease.
Agreed to this Z 5 day
of r- , 1999.
Agreed to this Z S day
of_, 1999.
DEPARTMENT OF THE AIR FORCE
BYJ-
ROBERTL
E. LACKEY
Site Manager
Air Force Base Conversion Agency
CITY OF LUBBOCK
BY
N WALK R
Chief of Police
City of Lubbock
EXHIBIT F
AREAS OF SPECIAL NOTICE
There is one Installation Restoration Program (IRP) site located on adjacent property
which impacts the property to be leased. IRP Site SS-02, Tower Area, is currently being
remediated for groundwater contamination caused by the release of solvents including
trichloroethene (TCE). Groundwater contamination has migrated across the boundary of the
Leased Premises. The groundwater underlying the entire Leased Premises is contaminated.
EXHIBIT G
UTILITY SALES CONTRACT
Utility Sales Contract No. BCA-REE-12-99-0201 entered into this Z 5 day of
1999, by and between Air Force Base Conversion Agency (AFBCA), (hereinafter
call the Government), represented by the AFBCA Site Manager (SM) executing this contract and
the City of Lubbock, (hereinafter called the Purchaser):
WITNESSED THAT:
WHEREAS, the Government has service(s) (hereinafter call utility service) available; and
WHEREAS, the Purchaser cannot readily obtain such utility service from any other source and
desires to obtain such utility service from the Government for use at facility or Building 76 on
the former Reese Air Force Base.
WHEREAS, construction of facilities in connection with the sale of such utility service to the
Purchaser will not hinder the construction of public or private utility service facilities of a like
nature; and
WHEREAS, pursuant to Title 10, United States Code §2481, the Government is authorized to
sell such utility service to the Purchaser,
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. UTILITY SERVICES TO BE PROVIDED. From and after the effective date of this contract,
the Government will furnish, subject to the limitation hereinafter provided, and the Purchaser
will receive and pay for such utility services as described in Exhibit A, Utility Service
Specifications, attached hereto and made a part hereof. Such service is furnished on a purely
temporary basis as an accommodation to the Purchaser and subject to being (a) available in
excess of Government requirements; (b) not available from another source; and (c) in the interest
of national defense or in the public interest. The Government shall not be obligated to provide
continuous utility service nor does it guarantee quality or quantity of utility service to be
provided.
2. LIABILITY. To the extent allowed by law the Purchaser shall hold and save the
Government, its officers, agents, and employees, harmless from liability of any kind, for or on
account of any claim or action that may be asserted in connection with the services furnished
under this contract, including, but not limited to, failure to provide continuous utility service,
curtailment of utility service, or termination of utility service.
3. USE OF SERVICE. The Purchaser shall use the utility service set forth herein in such a
manner as not to interfere with, or disrupt in any way, the requirements of the Government or of
any other Purchaser served by the Government. Such service shall be for the exclusive use of the
Purchaser and shall not be used for resale except to the Purchaser's tenants. lessees, or
contractors performing work on the Purchaser's facilities. The Purchaser shall use the utility
service economically and comply with all conservation procedures in effect throughout the site.
4. LICENSE FOR FACILITIES. The Government hereby grants to the Purchaser a license to
enter upon Government property and use a site or sites to be agreed upon between parties hereto
upon which the Purchaser shall install, operate, and maintain the required facilities, if any,
necessary for obtaining utility service, and such license shall continue in effect until termination
of this contract. Upon termination of utility service contemplated herein, the Purchaser, at
Purchaser's expense, shall remove promptly all facilities for obtaining utility service installed by
the Purchaser on the former Government installation and shall restore Government land and
facilities to their original condition. If the Purchaser fails to so remove such facilities within
ninety (90) days, they will be deemed to be abandoned and become Government property.
5. FACILITIES TO BE PROVIDED. The Government shall not be obligated in any way for the
cost of making connections for Purchaser's service. Purchaser shall, at Purchaser's expense,
furnish, install, operate, and maintain all facilities required to obtain service, including suitable
metering and regulating equipment and service connections to the Government's utility system.
Plans for all such facilities shall be subject to the approval of the Site Manager, and the
installation of such facilities shall be subject to the Site Manager's supervision.
6. RECAPTURE. In the event this contract is terminated in accordance with the terms hereof,
the Government shall have the right to recapture immediately any utility facility it may have
furnished in connection with the sale of any utility service to the Purchaser.
7. COVENANT AGAINST CONTINGENT FEES. The Purchaser warrants that no person or
selling agency has been employed or retained to solicit or obtain this contract upon an agreement
or understanding for a contingent fee, except a bona fide employee or agency. For breach or
violation of this warranty, the Government shall have the right to annul this contract without
liability.
S. RATES AND PAYMENT. For all utility service furnished to the Purchaser under this
contract, the Purchaser shall pay the Government at the rates specified in the Schedule of Utility
Sales Rates, Exhibit B, attached hereto and made a part hereof. Whenever the sales rates require
adjustment, the Purchaser will be provided a new Exhibit B showing the new rates and the date
the new rates are effective. Private or public colleges or schools shall be charged at the cost to
the Government of supplying the service computed according to AFI 32-1061 by the Site Utility
Engineer. Non-federal organizations shall be charged at the local prevailing rate for similar
service, but not less than the cost to the Government of supplying the service. The local
prevailing rate is the current rate the Purchaser would be charged for a particular class of service
if the service could be obtained directly from the nearest off site utility supplier. If, during the
life of this contract, there should be either a change in the applicable local prevailing rates or in
the cost to the Government of supplying the service, the rates set forth herein will be adjusted as
required to conform therewith. Costs to the Government for supplying the service are
recalculated for each utility service not later than 1 December of each year, using prior fiscal year
cost date and at any time the purchased cost to the Government changes. New rates to the
Purchaser shall become effective on I December of each year and on the date a change in
purchased cost to the Government becomes effective or on the effective date of any change in the
applicable local prevailing rate. The Government agrees to furnish, subject to the conditions set
forth herein, and the Purchaser agrees to take and pay for such service at the adjusted rates from
and after the date the adjusted rates are made effective. Should the Government be billed on the
basis of a proposed rate increase, subject to approval of a regulatory body, the Purchaser shall be
billed accordingly. If the proposed rate is subsequently denied or reduced, then any refund due
the Purchaser will be applied against future billings. The Government will render invoices to the
Purchaser. All invoices for utility services will be due and payable ten (10) days after the
delivery of said notice.
9. METERING. A meter shall be installed, at Purchaser's expense, when the total cost to install
the meter does not exceed the estimated gross revenue for one year. In the event a meter fails to
register during any metering period, the daily average consumption of any previous period
representative of the period the meter failed will be used. Meters shall be tested in accordance
with the local commercial practices. When a meter is not installed a detailed engineering
estimate shall be made, and updated by 1 December each year, by the site utility engineer within
thirty (30) days of any change affecting estimated consumption; such as more or less square feet
of area occupied, or more or less equipment installed that consumes energy.
10. DISPUTES. Any dispute arising under this utility contract not resolved by mutual
agreement between the Purchaser and the Site Manager shall be decided by the Air Force Base
Conversion Agency Program Manager, who shall manifest his decision in writing and mail, or
otherwise furnish a copy thereof, to the Purchaser. The decision of the Air Force Program
Manager shall be final and conclusive. Pending final decision of a dispute, utility service shall
continue and be paid for under the terms and conditions set forth in this contract.
11. TERMINATION. Service under this contract may be terminated by either party by
providing thirty (30) days, advance, written notification to the other party. However, in the event
of a national emergency proclaimed by the President, the Government may terminate this
contract immediately without such time as, (a) the service contemplated herein becomes readily
available from another source; (b) the AFBCA Operating Location furnishing said service
becomes inactive; or (c) the Government no longer has facilities and/or personnel available to
supply the service; or (d) the Government can no longer supply such service as surplus to its own
needs.
12. APPROVAL. This contract shall be subject to the written approval of the Air Force Site
Manager and shall not be binding until so approved.
13. CONTRACTUAL CONTENTS. Attached to and made part of this contract are: (a) Utility
Service Specification, Exhibit A5-A6, and (b) AF Form 3555, Schedule of Utility Sales Rates,
Exhibit B.
IN WITNESS WHEREOF, the parties hereunto have executed this contract as of the day and
year first written above.
City of Lubbock/Lubbock Police Department
(Name of Purchaser)
P.O. Box 2000
(Purchaser's Address)
Lubbock, TX 79457
(Purchaser's City, State and Zip Code)
806 775-2960
(Purchaser's Telephone Number)
AFBCA/DC Reese
(Name of AFBCA Location)
9801 Reese Boulevard North,_ Suite 300
(OL Address)
Lubbock, TX 79416
(City, State and Zip Code)
(806) 885-5010
(OL Telephone Number)
�//, 4L/t� 1"Or �- I aA
ignature of Purchaser) (Signature of Site Mana r)
EXHIBIT A-5 POTABLE WATER SERVICE SPECIFICATION
ATTACHED TO AND MADE PART OF UTILITY SALES CONTRACT NO,
BCA-REE-99-0155-00
1. ESTIMATED POTABLE WATER SERVICE:
Estimated annual consumption: 318 KGAL (KGAL = 1,000 gallons).
(Neither party is obligated to deliver or receive, nor is it restricted to, the above estimates.)
2. QUALITY OF POTABLE WATER. The Government will supply the Purchaser with the
same quality of potable water as the water obtained by the Government from its supplier or
source of water.
3. POINT OF DELIVERY. The point of delivery of potable water will be at the point of
connection with the Government's potable water line located at the buildings. Water is supplied
from the base water distribution system.
4. METERING. Potable water will be estimated based on building occupancy.
(Reword if consumption is estimated.)
5. ALTERATIONS and ADDITIONS.
Meter charges of $127.34 per month will be included in the annual estimate.
Sprinkler rates are $1.85 per Kgal. Annual estimate of sprinkler usage is 68 Kgal.
EXHIBIT A-6 SEWAGE SERVICE SPECIFICATIONS
ATTACHED TO AND MADE PART OF UTILITY SALES CONTRACT NO.
BCA-REE-99-015 5-00
1. ESTIMATED SEWAGE SERVICE:
Estimated annual consumption: 250 KGAL — 1,000 gallons).
(Neither party is obligated to deliver or receive, nor is it restricted to, the above estimates.)
2. SERVICE TO BE RENDERED. The sewage to be received, carried, and disposed of,
thereunder, shall be such as is customarily received at the Government's or the Government's
supplier's sewage treatment plant and shall not contain any material which would cast an unusual
burden upon the said sewage treatment plant or interfere with the operation of the Government's
sewage system.
3. POINT OF DELIVERY. The sewage will be delivered to the Government's sewage system
by the Purchaser at the building connection with the base sewage system.
4. METERING. The quantity of sewage received by the Government will be taken as 100 % of
the quantity of water used by the Purchaser.
5. ALTERATIONS and ADDITIONS. (If any.)
NOTE: Sewage usage is estimated at 100% of the building water consumption.
Meter charges of $49.35 monthly will be included in the annual estimate.
UTILITY SALES RATES, EXHIBIT B
RATES EFFECTIVE AS OF ZS '1999, are hereby attached to and made
part of the Utility Sales Contract/Agreement No. BCA-REE-99-0155-00.
NAME OF FACILITY: Lubbock Police Department
Building: #76
SERVICE PER UNIT OF
RATES
ESTIMATED
ESTIMATED
MEASUREMENT
ANNUAL
ANNUAL COST
CONSUMPTION
Electricity per kilowatt hour (KWH)
N/A
N/A
$
$/KWH
Gas per 1,000 cubic feet MCF
N/A
N/A
$
$/MCF
MCF
Steam per pound (=1,340 BTU per pound)
N/A
N/A
$
$/Ib.
High Temp Hot Water per
N/A
N/A
$
Water per 1,000 gallons (KGAL)
$1.36 and
318
$1,993.76
$/KGAL
$1.85
KGAL
Sewage per 1,000 gallons (KGAL)
$1.33
250
$924.70
$/KGAL
KGAL
Refuse CoIIection and Disposal per
N/A
NIA
$
TOTAL ESTIMATED
ANNUAL COST
$2,918.46
P4 4.,4
SIGNATURE OF AFBCA SITE,
,4kNAGER
IGNATURE OF PURCHASER
7, evs �9
DATE
as7ea 99
EXHIBIT I
NOTICE OF HAZARDOUS SUBSTANCE RELEASES
Notice is hereby provided that the information set out below from the
Basewide EBS and Supplemental EBS provide notice of hazardous substances that
have known to have been released on or adjacent to Building 76.
Building 76 - SS-02 Tower Area
Substance
Regulatory
CAS
Quantity
Date
Hazardous
Response
Remarks
Synonym(s)
Registry
kg/pounds
Waste ID
Number
Number
(if applicable)
TCE
Trichloroetheire
79-01-6
Unknown
"^"""'""
N/A
Yes
See Quarterly
Groundwater
Monitoring Report,
October 1998 Event,
Reese AFB, dated
January 1999.