CAMP BROOKSIDE ENVIRONMENTAL EDUCATION CENTER
LEASING GENERAL TERMS AND CONDITIONS
Section 1. RESERVATION OF RIGHTS
(a) In general.
This Lease is subject to all Applicable laws, and all liens, encumbrances, restrictions, rights and conditions of law or of record or otherwise; and excepts to the Lessor the right, at reasonable times to enter upon the Premises as may be necessary for the purposes of the administration of this Lease and/or the Park Area as determined by the Lessor and to close the Premises when immediate danger to life or property is discovered.
(b) Applicable Laws Defined.
For purposes of this Lease, “Applicable Laws” are defined as all present and future laws, statutes, requirements, ordinances, judgments, regulations, and administrative and judicial determinations that are applicable by their own terms to the Premises or the Lessee, even if unforeseen or extraordinary, of every governmental or quasi-governmental authority, court or agency claiming jurisdiction over the Premises now or hereafter enacted or in effect and all covenants, restrictions, and conditions now or hereafter of record which may be applicable to the Lessee or to all or any portion of the Premises, or to the use, occupancy, possession, operation, maintenance, and repair of the Premises.
Section 2. HISTORIC PROPERTY
The Premises (or portions of the Premises) are historic property within the meaning of 36 C.F.R. Part 18.
Section 3. SITE DISTURBANCE
Lessee shall neither cut any timber nor remove or alter any other landscape features of the Premises such as shrubs or bushes without Lessor’s prior written consent. Lessee shall not disturb ground landscape features in any way, to include digging, trenching or inserting anything into the ground. Lessee shall not disturb any buildings or natural features of the premises including all vegetation and structures, to include nailing into buildings or trees.
Section 4. PERMITS AND IMPOSITIONS
Except as otherwise may be provided in this Lease, the Lessee shall be solely responsible for obtaining, at its expense, any permit or other governmental action necessary to permit its activities under this Lease. Lessee shall pay all costs, expenses and charges of every kind and nature resulting from its use of the Premises.
Section 5. ALTERATIONS
The Lessee shall not make any alterations of any nature to the Premises. “Alterations” means any construction, physical modifications, rehabilitation, reconstruction, and/or restoration of the Premises.
Section 6. RECORDS AND AUDITS
The Lessee shall provide the Lessor and its agents and affiliates, including without limitation, the Comptroller General of the United States, access to all books and records relating to the Premises and the Lessee’s use of the Premises under this Lease for the purpose of conducting audits to verify the Lessee’s compliance with the terms and conditions of this Lease.
Section 7. MAINTENANCE AND REPAIR
(a) In general
. The Lessor shall be solely responsible for the repair and maintenance of the Premises during the Lease Term. This responsibility includes, without limitation, the performance of all repairs and maintenance necessary to maintain the Premises and the improvements thereon in good order, condition, and repair and in compliance with all applicable laws. Lessee shall notify the Lessor immediately of any portion of the Premises requiring repair or maintenance. Lessee is not permitted, in any instance to initiate repairs or maintenance of the Premises at any time without explicit authorization of the Lessor.
(b) Historic Property.
As the Premises are historic property as indicated in Section 2 of this Exhibit A, the Lessor shall repair and maintain all portions of the Premises that are so designated property in accordance with a Preservation Maintenance Plan prepared by the Lessor under the requirements of the Secretary of the Interior’s Treatment Standards (36 C.F.R. Part 68).
Section 8. UTILITIES
The Lessor at its sole expense shall make all arrangements with appropriate utility providers (including the Lessee where applicable) for all utilities furnished to the Premises, including, gas, electricity, water, wireless internet, sewage, and waste removal. Any utility service provided by Lessor will be subject to the Lessor’s established policies and procedures for provision of utility services to third parties.
Section 9. HAZARDOUS MATERIALS
The following provisions apply to Hazardous Materials associated with the Premises:
(a) In general
. No Hazardous Materials shall be used, treated, kept, stored, sold, released, discharged or disposed of from, on, about, under, or into the Premises except as approved by the Lessor in writing;
(b) Hazardous Materials Defined.
“Hazardous Materials” means any material or other substance: (a) that requires investigation or correction under Applicable Laws; (b) that is or becomes defined as a hazardous waste, hazardous substance, pollutant, or contaminant, under Applicable Laws; (c) that is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, and is or becomes regulated under Applicable Laws; (d) that, without limitation of the foregoing, contains gasoline, diesel fuel or other petroleum hydrocarbons; (e) that, without limitation of the foregoing, contains polychlorinated biphenyls (PCBs), asbestos or urea formaldehyde foam insulation; or (f) without limitation of the foregoing, contains radon gas.
Section 10. INSURANCE AND INDEMNIFICATION
The Lessee shall be in possession of General Liability Insurance through one or more primary and umbrella liability policies against claims for bodily injury and property damage occurring on the Premises, the improvements thereon, or the streets, curbs or sidewalks adjoining the Premises, with such limits as may be required by the Lessor, but in any event not less than $300,000.00 per incident. Such insurance shall insure the performance by the Lessee of its indemnity obligations under this Lease.
The Lessee shall indemnify, defend, save and hold the United States of America, its employees, successors, agents and assigns, harmless from and against, and reimburse the United States of America for any and all claims, demands, damages, injuries, losses, penalties, fines, costs, liabilities, causes of action, judgments, and expenses, including without limitation expenses incurred in connection with or arising in any way out of this Lease, the use, occupancy or manner of use or occupancy of the Premises by the Lessee or any other person or entity, the design, construction, maintenance, or condition of any improvements on the Premises, the condition of the Premises, and/or any accident or occurrence on the Premises from any cause whatsoever; provided, however, that the Lessee shall not be liable to the extent that the damages, expenses, claims or suits result from the willful misconduct or negligence of the United States of America, or its employees, contractors, or agents; provided, further, that the United States of America shall be liable only to the extent such claims are covered by the Federal Tort Claims Act (28 USC §§ 2671 et seq.). The provisions of this section shall survive the expiration or termination of this Lease.
Section 11. ASSIGNMENTS AND ENCUMBRANCES
The Lessee may not assign, sublease or encumber this Lease in whole or in part.
Section 12. DEFAULTS AND LESSOR’S REMEDIES
(a) Termination for Default.
The Lessor may terminate this lease for Default if the Lessee fails to keep and perform any of the terms and conditions of this Lease. If the Lessor terminates this Lease, all of the rights of the Lessee under this Lease and in the Premises shall terminate.
(b) No Waiver.
No failure by the Lessor to insist upon the strict performance of any of the terms and conditions of this Lease or to exercise any right or remedy upon a default, and no acceptance by the Lessor of full or partial rent during the continuance of any default shall constitute a waiver of any default or of such terms and conditions. No terms and conditions of this Lease may be waived or modified except by a written instrument executed by the Lessor. No waiver of any default shall affect or alter this Lease, but each and every term and condition of this Lease shall continue in full force and effect with respect to any other then existing or subsequent default.
Section 13. SURRENDER AND HOLDING OVER
(a) Surrender of the Premises.
On or before the expiration or termination of this Lease, the Lessee shall surrender and vacate the Premises, remove Lessee’s personal property, and return the Premises, including its furniture, fixtures and equipment to as good an order and condition as that existing upon the commencement of this Lease.
(b) Holding Over. T
his Lease shall end upon its expiration or termination and any holding over by the Lessee or the acceptance by the Lessor of any form of payment of rent or other charges after such date shall not constitute a renewal of this Lease or give the Lessee any rights under this Lease or in or to the Premises.
Section 14. EQUAL OPPORTUNITY LAWS
The Lessee and Lessee’s Agent’s shall comply with the requirements of: (a) Title VII of the Civil Rights Act of 1964 (as amended), as well as Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967; (b) Title V, Sections 503 and 504 of the Rehabilitation Act of September 26, 1973, Public Law 93-112 (as amended), which prohibits discrimination on the basis of disability and requires Government contractors and subcontractors to take affirmative action to employ and advance in employment qualified handicapped individuals; (c) 41 C.F.R. Chapter 60, which prescribes affirmative action requirements for government contractors and subcontractors; (d) the Age Discrimination in Employment Act of December 15, 1967 (as amended); (e) the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.; (f) and all other Applicable Laws relating to nondiscrimination in employment and in providing facilities and services to the public. The Lessee shall do nothing in advertising for employees that will prevent those covered by these laws from qualifying for such employment.
Section 15. INTEREST AND PENALTIES
Interest means the percentage of interest charged based on the current value of funds to the United States Treasury that is published annually in the “Federal Register” or successor publication. Interest based on the current value of funds to the United States Treasury that is published annually in the “Federal Register” or successor publication will be assessed against the Lessee by the Lessor on any overdue rent payments. The Lessor may also impose penalties for late payment to the extent authorized by Applicable Laws.
Section 16. NOTICES
Except as otherwise provided in this Lease, any notice, consent or other communication required or permitted under this Lease shall be in writing and shall be delivered by hand, sent by courier, sent by prepaid registered or certified mail with return receipt requested and addressed as appropriate to the following addresses (or to such other or further addresses as the parties may designate by notice given in accordance with this section):
If to the Lessor:
New River Gorge National River
Attn: Administrative Division
104 Main Street
Glen Jean, WV 25846
If to the Lessee: [Lessee’s address and name of person to whom the notice should be addressed]
Section 17. OTHER PROVISIONS
(a) The Lessor is not for any purpose a partner or joint venture participant of the Lessee in the development or operation of the Premises or in any business conducted on the Premises. The Lessor under no circumstances shall be responsible or obligated for any losses or liabilities of the Lessee. The Lessee shall not publicize, or otherwise circulate, promotional or other material of any nature that states or implies endorsement of the Lessee or its services or products by the Lessor or any other governmental agency.
(b) This Lease shall not, nor be deemed nor construed to, confer upon any person or entity, other than the parties hereto, any right or interest, including, without limiting the generality of the foregoing, any third party beneficiary status or any right to enforce any provision of this Lease.
(c) This Lease provides no right of renewal or extension to the Lessee, nor does it provide the Lessee with the right to the award of a new lease upon termination or expiration of this Lease. No rights shall be acquired by virtue of this Lease entitling the Lessee to claim benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646.
(d) The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this Lease upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. For breach or violation of this warranty, the Lessor shall have the right to terminate this Lease for default.
(e) In case any one or more of the provisions of this Lease shall for any reason be held to be invalid, such invalidity shall not affect any other provision of this Lease, and this Lease shall be construed as if the invalid provisions had not been contained in this Lease.
(f) All Exhibits that may be referenced in this Lease are hereby attached to and incorporated in this Lease.
(g) Time is of the essence to this Lease and all of its terms and conditions.
(h) The laws of the United States shall govern the validity, construction and effect of this Lease.
(i) This Lease constitutes the entire agreement between the Lessor and Lessee with respect to its subject matter and supersedes all prior offers, negotiations, oral and written. This Lease may not be amended or modified in any respect except by an instrument in writing signed by the Lessor and Lessee.
(j) If more than one Lessee is named in this Lease, each Lessee shall be jointly and severally liable for performance of the obligations of this Lease.
(k) Nothing contained in this Lease shall be construed as binding the Lessor to expend, in any fiscal year, any sum in excess of the appropriation made by Congress for that fiscal year or administratively allocated for the subject matter of this Lease, or to involve the Lessor in any contract or other obligation for the future expenditure of money in excess of such appropriations. Nothing in this Lease shall be construed as preventing the cancellation of this Lease by the Lessor in the exercise of sovereign authority otherwise provided by Applicable Laws.