LEASE NO. 1. THIS LEASE for property located at is made and entered into this day of 20 , by and between the UNITED STATES OF AMERICA represented by the Veterans Administration, hereinafter referred to as the Government, acting under the authority of section 5022, title 38, United States Code, and
whose address is for heirs, executors, administrators, successors, and assigns, hereinafter referred to as the lessee.
2. WITNESSETH: The parties hereto for the consideration hereinafter mentioned do covenant and agree as follows: a. The Government hereby leases to the lessee the following described premises:
to be used exclusively for the following purpose(s):
b. TO HAVE AND TO HOLD the said premises with their appurtenances for the term of , 20 and ending , 20 . 3. That the lessee shall pay to the Government rental in the amount of ($ ) per United States Code:
payable in advance, OR other consideration as provided for by section 5022, title 38,
and 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 to restore the premises to the condition required by Clause No. 20, hereof. Any monetary compensation shall be made payable to the Treasurer of the United States and forwarded by the lessee directly to the Veterans Administration. 4. That all notices to be given pursuant to this lease shall be addressed, if to the lessee to:
if to the Government, to the Facility Director or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, addressed as aforesaid and deposited, postage prepaid, in a public mail box maintained by the U.S. Postal Service.
VA FORM JUL 1980
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5. That the use and occupancy of the leased property shall be subject to the general supervision and approval of the Veterans Administration and to such rules and regulations as may be prescribed by him/her from time to time. 6. That the lessee has inspected and knows the condition of the leased property, and it is understood that the same is hereby leased without any representation or warranty by the Government whatsoever and without obligation on the part of the Government to make any alterations, repairs, or additions thereto. 7. That no alterations shall be made or improvements installed in the demised premises by the lessee without the prior written consent of the Government. 8. That the lessee shall comply with all applicable laws, ordinances, and regulations of the State, county, and municipality wherein the said demised premises are located, with regard to construction, sanitation, licenses or permits to do business, and all other matters. 9. That the right is hereby reserved to the Government, its officers, agents, and employees to enter upon said premises at any time for the purpose of inspection and inventory and when otherwise deemed necessary for the protection of the interests of the Government and the lessee shall have no claim of any character on account thereof against the Government or any officer, agent, or employee thereof. , of producing and/or supplying any utilities and other services furnished by the Government. The Government shall be under no obligation to furnish utilities or services. Payment shall be made in the method prescribed by the Veterans Administration upon bills rendered . 11. That the lessee shall neither transfer nor assign this lease or any property on the demised premises, nor sublet the demised premises or any part thereof or any property thereon, nor grant any interest, privilege or license whatsoever in connection with this lease without prior permission in writing from the Government. 12. That this lease may be terminated by either party upon mailing, in accordance with Clause No. 4. days notice computed from the date of 10. That the lessee shall pay the cost, as determined by the
13. That in the event the Government terminates this lease or in any other manner materially reduces or increases the area covered thereby prior to the date of expiration thereof, an equitable adjustment in the rental paid or thereafter to be paid under this lease shall be made. 14. That if the said premises are totally destroyed by fire or other casualty, this lease shall immediately terminate. In case of partial damage or destruction, so as to render the premises untenantable, lessee may terminate this lease in its entirety by serving written notice upon the Government within days or in part, by supplemental agreement hereto if approved by the Government, in accordance with Clause No. 4. 15. That for such period as the lessee is in possession of the leased premises pursuant to the provisions and conditions of this lease, the lessee shall procure and maintain at its cost a standard fire and extended coverage insurance policy or policies on the leased property to the full insurable value thereof. The lessee shall procure such insurance from any responsible company or companies, and furnish either the original policy or policies or certificates of insurance to the VA. The policy or policies evidencing such insurance shall provide that in the event of loss thereunder the proceeds of the policy or policies, at the election of the Government, shall be payable to the lessee to be used solely for the repair, restoration, or replacement of the property damaged or destroyed, any balance of the proceeds not required for the repair, restoration, or replacement of the property damaged or destroyed to be paid to the Government, provided, however, that the insurer, after payment of any proceeds to the lessee in accordance with the provisions of the policy or policies shall have no obligation or liability with respect to the use or disposition of the proceeds by the lessee. Nothing herein contained shall be construed as and obligation upon the Government to repair, restore, or replace the leased premises, or any part thereof. 16. That the lessee shall obtain and keep in force and effect public liability insurance coverage in the minimum amounts of $ to $ to protect the Government from third party property damage and bodily injury claims arising out of use of the property by the lessee. Evidence of such insurance coverage shall be furnished to the Government upon request. Page 2 of 5 pages
17. That the Government shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the use and occupation of the said premises, or for damages to the property of the lessee, or for injuries to the person of the lessee (if an individual), or for damages to the property or injuries to the person of the lessee's officers, agents, servants, or employees, or others who may be on said premises at their invitation or the invitation of any one of them, arising from governmental activities, and the lessee shall indemnify and hold the Government harmless from any and all such claims. 18. That any property of the Government damaged or destroyed by the lessee incident to the lessee's use and occupation of the said property shall be promptly repaired or replaced by the lessee to the satisfaction of the Veterans Administration. or in lieu of such repair or replacement the lessee shall, if so required by the Veterans Administration , pay to the Government money in an amount sufficient to compensate for the loss sustained by the Government by reason of damages to or destruction of Government property. 19. That the lessee shall cut no timber, conduct no mining or drilling operations, remove no sand, gravel, or similar substances from the ground, except in the exercise of mineral rights heretofore reserved to the record owner thereof, commit no waste of any kind, or in any manner substantially change the contour or condition of the property hereby leased, except changes required in carrying out soil and water conservation measures. 20. That, on or before the date of expiration of this lease, or its termination by the lessee, or its revocation by the Government, the lessee shall vacate the demised premises, remove the personal property of the lessee therefrom and at the option of the Government, remove the fixtures therefrom, and restore the premises to as good order and condition as that existing upon the date of commencement of the term of this lease, damages beyond the control of the lessee and due to fair wear and tear excepted. 21. That 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. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the lease be for the general benefit of such corporation or company. 22. That the lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling 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 rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 23. If this lease has been negotiated without advertising the lessee agrees that the Comptroller General of the United States, the Administrator of Veterans Affairs, or any of their duly authorized representatives, shall until the expiration of 3 years after final payment under this lease, have access to and the right to examine any directly pertinent books, documents, papers, and records of the lessee involving transactions related to this lease. The lessee further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States, the Administrator of Veterans Affairs, or their representatives shall, until the expiration of 3 years after final payment under this lease with the Government, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor involving transactions related to the subcontract. 24. That the lessee shall pay to the proper authority, when as the same becomes due and payable, all taxes, assessments, and similar charges, which at any time during the term of this lease, may be taxed, assessed or imposed upon the Government or upon the lessee with respect to or upon the leased premises. In the event any taxes, assessments, or similar charges are imposed with the consent of the Congress upon property owned by the Government and included in this lease (as opposed to the leasehold interest of the lessee therein), this lease shall be renegotiated so as to accomplish an equitable reduction in the rental provided above, which shall not be greater than the difference between the amount of such taxes, assessments, or similar charges and the amount of any taxes, assessments or similar charges which were imposed upon such lessee with respect to his leasehold interest in the premises prior to the granting of such consent by the Congress; provided that in the event that the parties thereto are unable to agree within 90 days from the date of the imposition of such taxes, assessments, or similar charges, on a rental which in the opinion of the said officer, constitutes a reasonable return to the Government on the leased property, then in such event, the said officer shall have the right to determine the amount of the rental, which determination shall be binding on the lessee subject to appeal in accordance with Clause No. 25. of this lease. 25. Contract Disputes Clause This lease shall be subject to the Contract Disputes Clause attached hereto and made a part hereof as Addendum I. Page 3 of 5 pages
26. Any activity, program, or use made of the property by the lessee will be in compliance with the provisions of VA Form 60-2135, Equal Opportunity Clause For Government Contracts, which is attached hereto and made a part hereof. 27. That this lease is further subject to the following provisions and conditions.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written.
UNITED STATES OF AMERICA By (Name)
LESSEE By (Name)
(If lessee is a corporation, the following certificate shall be executed by the secretary or assistant secretary). I , certify that I am the Secretary of the who signed
Corporation named as lessee in the attached lease; that said lease on behalf of the lessee, was then
of said corporation; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.
(Title) Page 4 of 5 pages
CONTRACT DISPUTES CLAUSE (a) This lease is subject to the Contracts Disputes Act of 1978 (Public Law 95-563). (b) Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. (c)(i) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of lease terms, or other relief, arising under or relating to this lease. (ii) A voucher, invoice or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. (iii) A claim by the lessee shall be made in writing and submitted to the Leasing Officer for decision. A claim by the Government against the lessee shall be subject to a decision by the Leasing Officer. (d) For lessee claims of more than $50,000, the lessee shall submit with the claim a certification that the claim is made in good faith; the supporting data are accurate and complete to the best of the lessee's knowledge and belief; and the amount requested accurately reflects the lease adjustment for which the lessee believes the Government is liable. The certification shall be executed by the lessee if an individual. When the lessee is not an individual, the certification shall be executed by a senior company official in charge at the lessee's plant or location involved, or by an officer or general partner of the lessee having overall responsibility for the conduct of the lessee's affairs. (e) For lessee claims of $50,000 or less, the Leasing Officer must render a decision within 60 days. For lessee claims in excess of $50,000 the Leasing Officer must decide the claim within 60 days or notify the lessee of the date when the decision will be made. (f) The Leasing Officer's decision shall be final unless the lessee appeals or files a suit as provided in the Act. (g) The authority of the Leasing Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies are expressly authorized to decide. (h) Interest on the amount found due on a lessee claim shall be paid from the date the claim is received by the Leasing Officer until the date of payment. (i) Except as the parties may otherwise agree, pending final resolution of a claim by the lessee arising under the lease, the lessee shall proceed diligently with the performance of the lease in accordance with the Leasing Officer's decision.
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