§ 48.105 What provisions must a lease contain?

(a) All leases of Bureau-operated school facilities must identify at a minimum: (1) The facility, or portion thereof, being leased; (2) The purpose of the lease and authorized uses of the leased facility; (3) The parties to the lease; (4) The term of the lease, and any renewal term, if applicable; (5) The ownership of permanent improvements and the responsibility for constructing, operating, maintaining, and managing permanent improvements, and meeting due diligence requirements under § 48.106; (6) Payment requirements and late payment charges, including interest; (7) That lessee will maintain insurance sufficient to cover negligence or intentional misconduct occurring on the leasehold; and (8) Any bonding requirements, as required in the discretion of the Director. If a performance bond is required, the lease must state that the lessee must obtain the consent of the surety for any legal instrument that directly affects their obligations and liabilities. (b) All leases of Bureau-operated facilities must include, at a minimum, the following provisions: (1) There must not be any unlawful conduct, creation of a nuisance, illegal activity, or negligent use or waste of the leased premises; (2) The lessee must comply with all applicable laws, ordinances, rules, regulations, and other legal requirements; (3) The Bureau has the right, at any reasonable time during the term of the lease and upon reasonable notice to enter the leased premises for inspection and to ensure compliance; and (4) The Bureau may, at its discretion, treat as a lease violation any failure by the lessee to cooperate with a request to make appropriate records, reports, or information available for inspection and duplication. (c) Unless the lessee would be prohibited by law from doing so, the lease must also contain the following provisions: (1) The lessee holds the United States harmless from any loss, liability, or damages resulting from the lessee's, its invitees', and licensees' use or occupation of the leased facility; and (2) The lessee indemnifies the United States against all liabilities or costs relating to the use, handling, treatment, removal, storage, transportation, or disposal of hazardous materials, or the release or discharge of any hazardous material from the leased premises that occurs during the lease term, regardless of fault with the exception that the lessee is not required to indemnify the United States for liability or cost arising from the United States' negligence or willful misconduct