RFP to Lease the Bergen Beach Equestrian Facility at GATE

SUMMARY OF LEASING OPPORTUNITY This Request for Proposals (RFP) provides the opportunity for any interested individual or organization (Offeror) to submit a proposal to the NPS to lease the equestrian facility at Bergen Beach, Brooklyn, NY under the following terms and conditions. The selected Offeror will have exclusive rights to negotiate a lease with NPS based on the attached Sample Lease (Exhibit D). In the event the NPS and a selected Offeror fail to execute a lease, or in the event any such lease is terminated resulting in a vacancy, the NPS reserves the right to negotiate a lease with the next highest ranked Offeror. Until a Lease is executed, the NPS reserves the right to reject one or all proposals, discontinue the solicitation, or terminate negotiations without penalty or liability. Property Offered for Lease Bergen Beach Equestrian Facility, 7000 Shore Parkway, Brooklyn, NY: The property offered for lease is an equestrian facility of approximately 11.8 acres and is depicted in the maps below. The premises include: Main Building/Arena (approximately 37,320 Sq. Ft. including covered arena approximately 180x90) Boarding Stables with ninety-five box stalls (approximately 15,840 Sq. Ft.) Isolation Building with five box stalls (approximately 1,250 Sq. Ft.) Multiple paddocks and turnout fields The premises do not include the land area west of the premises between the park area boundary and Belt Parkway that is currently used for facility access and parking, and which is owned by The City of New York. The premises do not include, but Lessee shall have the non-exclusive right to utilize, the adjacent trail system on approximately 80 acres as depicted below. NOTE: The Belt Parkway is generally limited to passenger vehicles. A permit for trucks and trailers may be necessary. See New York City Department of Transportation https://parkingpermits.nyc.gov/node/872. Authorized Use of the Premises The premises may only be used for equestrian recreation activities. Offerors will propose an Operating Plan describing program details such as hours of operation, offerings for public lessons, guided trail rides, horse boarding, light food service (optional upon prior NPS approval), and merchandise sales (optional) for tack, clothing, and equipment. The Operating Plan must also include details for safety and well-being of guests and customers, facility security, and anticipated maintenance. The Lessees activities on the premises shall be subject to the general supervision and inspection of the NPS and to such rules and regulations regarding ingress, egress, safety, sanitation, and security as may be prescribed by the Park Superintendent from time to time. The Lessee shall be responsible for all maintenance and repair of the Premises and any improvements to the Premises that may be necessary during the lease term. The facility is located in an area accessible to the public. Key Information About This Leasing Opportunity Potential Necessary Maintenance: A partial list of maintenance or improvements potentially necessary over the term of the lease includes, but is not limited to, the following: Roof maintenance (arena roof is 16,000 Sq. Ft. steel deck; stable roof is 16,000 Sq. Ft. flat tar) Fuel oil hot water boiler maintenance (approximately 50 years old) Quarantine stable maintenance Food service area (Food service is not a requirement; however, if food and beverage service is proposed by the successful Offeror, advance written approval from NPS is required. The Lessee must submit plans demonstrating the floors, walls, ceiling, and equipment meet current Food and Drug Administration code requirements, for further information refer to the Food Safety Requirements section of this RFP. Building Codes and Zoning: The premises are under the exclusive jurisdiction of the NPS. Any repairs or improvements to premises must comply with the 2024 International Building Code and 2023 NFPA 70 (NEC), including the 2024 ICC Codes. Personal Property in Use: This opportunity does not include any personal property owned by the current operator, the removal of which may impact the selected Offerors operations as proposed. Historic Preservation: The property is not historic. Jurisdiction The lands and facilities available for use and occupancy under this RFP are located in an area subject to concurrent law enforcement jurisdiction. Under concurrent jurisdiction, the U.S. Park Police (USPP) and the Police Department of The City of New York (NYPD) share the governmental authority for law enforcement purposes, and unless otherwise stated, Federal, State, and City laws are applicable. The Lessee must comply, at its sole cost and expense, with all Applicable Laws and Requirements (including Federal, State, and local laws, rules, regulations, requirements, and policies) in fulfilling its obligations under the Lease. It is the responsibility of the Lessee to determine whether it is subject to specific taxes and assessments and abide by those applicable statutes. Any comments made by the NPS in this RFP do not alter those responsibilities, if any, nor should they be construed to take a position nor express a view on behalf of the Lessee. Premises Condition Facility will be delivered to Lessee, As-is, with all faults. Term of the Lease The term of the lease shall not exceed ten (10) years. The lease term will commence on or after January 1, 2026, following selection of the best offer pending completion of NPS resource stewardship compliance review and rent determination required by the Department of the Interiors Appraisal Valuation Services Office or its designee. Rent NPS is required under 36 CFR Part 18 to receive, at a minimum, Fair Market Value Rent (FMVR). The FMVR determination will consider any restrictions on the use of the property or terms of the lease that limit the value and/or the highest and best use of the property and any requirements under the lease for the lessee to restore, rehabilitate, or otherwise improve the leased property. The amount of rent will be negotiated subsequently with the selected offeror, provided that, the final rent must at least equal the FMVR as determined by the NPS. The appraisal process to determine the FMVR is currently underway by the Department of the Interior Appraisal and Valuation Services Office. If the FMVR has been determined before this solicitation closes the RFP will be amended to include the FMVR. Rent will be payable monthly by electronic funds transfer. All rent will be absolutely net to the Lessor. The Lessee must pay all costs, expenses, charges, and impositions of every kind and nature relating to the premises, including all taxes and assessments. Insurance During the term of this Lease, the Lessee shall maintain General Liability, Property, Workers Compensation and Employers Liability, and Business Interruption and Extra Expense insurance in amounts set by the Lessor. Further information regarding insurance requirements can be found in Attachment D (Sample Lease). Lessees insurance coverage amounts will be periodically reviewed by the Lessor. These reviews will ensure the Lessee has appropriate coverage in light of any changing circumstances. At Lease commencement, Lessee must provide proof of property insurance in the amount sufficient to provide loss, damage, and destruction coverage for a facility of this size, scope, and use, as well as proof of commercial general liability insurance in the amount of not less than $3,000,000 single/$5,000,000 aggregate, with additional excess liability insurance necessary to provide adequate coverage or protection consistent with industry standards. Utilities The Lessee is solely responsible for all utilities including water, sewer, electric, and telephone. Subject to advance written approval by the Lessor, the Lessee at its sole expense shall make all arrangements with appropriate utility providers. NPS makes no representations regarding the adequacy of any existing utilities. Maintenance Responsibilities Lessee will be responsible for all maintenance and repair of the facilities and assigned lands. Improvements may only be made with NPS advance approval. Lessee will be responsible for any unscheduled or emergency work or repairs. Lessee will be responsible for establishing and funding a maintenance reserve account. Lessee will be responsible for all cleaning and custodial services. Lessee will be responsible for all grounds maintenance within the Lease Premises, including, without limitation, regular grass mowing, care of ornamental plantings, snow removal, pest management, and trash management and removal. Food Safety Requirements Sale of food and beverages on the premises is not required. If approved in advance by NPS, food service shall be subject to all applicable food safety laws, regulations, and policy, as well as assessments and inspections. The NPS Office of Public Health provides oversight for food service operations through the provision of periodic food service sanitation inspections. The inspections are conducted on a frequency established by the NPS. All assessments will be completed pursuant to guidelines established by NPS Directors Order 83A, https://www.nps.gov/subjects/policy/upload/DO_83A_4-28-2023.pdf, NPS Reference Manual 83A, https://www.nps.gov/subjects/policy/upload/RM-83A_6-20-2019.pdf, and the most recent version of the Food and Drug Administration Food Code, https://www.fda.gov/food/retail-food-protection/fda-food-code. Animal Welfare Requirements Lessee will register each horse stabled on premises with the New York City Office of Veterinary Public Health Services and maintain a Veterinary and Nutrition Plan, with the name, address, and phone number of the local attending veterinarian. This shall be available to the NPS immediately upon request. Key Personnel Lessee will maintain and provide to NPS an updated list of its qualified and experienced personnel, including a list of all contractors and subcontractors utilized in connection with the authorized activity. Contractors Lessee may utilize contractors to perform repairs, replacements, and improvements, and to provide event services. Contractors must abide by all Lease provisions as well as all local and national laws and regulations. Lessee will require Contractors to maintain appropriate insurance coverage that names the Lessee and the United States of America as an additional insured. Lessee will develop and implement, subject to NPS prior approval, a contractor informational document, which will inform the contractor(s) of all pertinent information about the site. Sustainability The Park manages its sustainability program under an Environmental Management System, which sets forth goals ranging from solid waste and energy conservation to renewable energy and climate change education. Lessee shall require that hazardous and universal waste generated from the site is disposed of in accordance with state and local laws. Lessee shall ensure that all trash, recycling, and composting meet applicable federal, state, and local requirements and goals. Lessee shall make every effort to reduce, reuse, and recycle solid waste. Lessee shall make every effort to utilize efficient energy and develop and implement a comprehensive plan for energy and water conservation. Other Terms and Conditions The proposed terms and conditions of the offered Lease are as described in Attachment D, Sample Lease included in this RFP and are consistent with 36 CFR Part 18. Competitive Process This Lease opportunity is open on a competitive basis. The Offeror who submits the proposal judged best under the selection criteria will be provided an exclusive opportunity to negotiate a final lease with the NPS. To be selected by the NPS, an Offeror must demonstrate the capacity to plan, carry out, and finance their proposal. Evaluation criteria and the process for selecting the Lessee are described in detail in the sections called Proposal Content and Selection Criteria and Evaluation and Selection Process in this Request for Proposals. The NPS reserves the right to reject one or all proposals or terminate lease negotiations at any time prior to executing a final lease without penalty or liability. Site Tour and Additional Information Site tours will be available on June 9, June 16, and July 7 at 11:00 AM. Reservations required. Tour reservations and questions about this RFP may be sent via email to [email protected]. Questions from interested parties will be answered via Question & Answers (Q&A) or Frequently Asked Questions (FAQs) and will be posted, as will the RFP and attachments, at: https://www.nps.gov/gate/getinvolved/leasing-program-at-gateway.htm Questions must be submitted by the dates provided on the first page of this RFP. NPS reserves the right at any time, for its own convenience, and in its sole discretion, to cause or do any or all of the following: Waive or correct any defect or technical error as to form or content of this RFP or in any response, proposal, or proposal procedure, as part of the RFP or any subsequent selection and negotiation. Reissue an RFP. Modify, amend, cancel, or suspend any and all aspects of the RFP and selection process. Modify the terms and conditions of the draft the Lease. Request that Offerors clarify, supplement, or modify the information submitted. Extend deadlines for accepting RFP responses, or request amendments to responses after expiration of deadlines. Consider comparable facilities owned, developed, or operated by an Offeror. Key Dates for this Request for Proposals: Proposals must be submitted on or before the time and date provided on the first page of this Request for Proposals. The RFP solicitation will be open for a minimum of 60 days. Questions about this opportunity must be submitted by July 25, 2025 at 1:00 PM EDT. Proposal Submission Protocol Proposals must be submitted electronically to [email protected]. Telephonic proposals, faxes, e-mails to other addresses, and other means of transmittal will not be considered. Proposals that are not received at the designated electronic address by the specified deadline will not be considered. NPS will not consider hardcopy proposals. Proposals are not deemed received until confirmed in writing by NPS. Please refer to the Proposals Considered Public Documents section, in this RFP if you believe that a proposal contains trade secrets or confidential commercial and financial information that you do not want to be made public. Authority This RFP is issued under the authority of Title 36 of the Code of Federal Regulations Part 18 Leasing of Properties in Park Areas (36 CFR Part 18). This RFP and the offered lease are subject to and incorporate all terms and conditions of Part 18 as applicable. In the event of any conflict between the terms of this RFP and Part 18, Part 18 controls. The NPS has the authority to lease NPS-administered buildings and associated property pursuant to the National Park Service General Leasing Authority (54 USC Ch. 1021), and other applicable authorities. PROPOSAL REQUIREMENTS Proposals must be submitted electronically to: [email protected] Proposals must be submitted on or before the time and date provided on the first page of this Request for Proposals. The subject line should include the following: Bergen Beach Equestrian Proposal - [Your name or the name of your business entity or organization]. Proposals are limited to 25 pages or fewer, not including attachments. Proposals exceeding this limit will be deemed non-responsive and will not be evaluated further. Offerors should submit their proposal in electronic format as one document in the Adobe PDF format. The required Identification and Credit Information forms (either 10-352, 10-353, or 10-354), the required Offeror Financial Statements and Projections (10-355A), financial statements, and credit reports should be incorporated into your PDF submission as attachments. Proposals must be formatted to 8-1/2" x 11-page size. Proposals submitted by mail, in-person delivery, telephone, fax, or other methods will not be considered. While there is no limit on the file size of your proposal (please note the 25-page limit described herein, excluding attachments), the total file size of the email submission, including all attachments, cannot exceed 40MB. If your proposal exceeds this limit, you must separate your document into smaller files and send them in separate emails. If you do this, please separate your proposal into as few files as possible and clearly name the files so they can be reassembled in your intended order. Effective proposals should be organized in the order of the Required Information detailed below and should contain clear, concise responses that address all the questions and requirements for each of the Selection Criterion listed in the RFP. Proposals that do not specifically answer all questions will be deemed non-responsive and not evaluated further. PROPOSAL EVALUATION AND SELECTION GUIDELINES NPS Leasing Regulations, as provided in 36 CFR 18.8(e), require that proposals be evaluated by the criteria below: The compatibility of the proposal's intended use of the offered property with respect to preservation, protection, and visitor enjoyment of the park area. The financial capability of the Offeror to carry out the terms of the lease. The experience of the Offeror demonstrating the managerial capability to carry out the terms of the lease. The ability and commitment of the Offeror to conduct its activities in the park area in a manner consistent with protection and preservation of park resources. The benefit to the NPS of the financial and other terms and conditions of the proposal, including the amount of rent proposed and other proposed lease terms and conditions. PROPOSAL CONTENT AND SELECTION CRITERIA Proposals submitted in response to this RFP must follow the format described below. You are asked to answer questions or supply specific information in response to the specified items. Please label your responses correspondingly and respond fully and accurately to all questions and/or requests. Checklist of the Components of a Responsive Proposal Transmittal Letter signed by all managing members, owners, partners, or principals. The Proposal itself, with clearly labeled sections for Offeror Identification and each of the Selection Criteria that covers all of the required questions and elements. One of the following: Form 10-352 Identification and Credit Information for Individuals, and all of the required attachments A Personal Financial Statement that identifies your total assets, your liquid assets and your financial liabilities Earnings, bank, or investment account statements that substantiate the information provided in your Personal Financial Statement A credit report, with credit score, from within the last 30 days Form 10-353 Identification and Credit Information for Sole Proprietor Businesses, and all of the required attachments A Personal Financial Statement that identifies your total assets, your liquid assets and your financial liabilities Earnings, bank, or investment account statements that substantiate the information provided your Personal, and or, Business Financial Statements. Business Financial Statements for the most recent 2 years A credit report for the Individual (and Business if available), with credit score, from within the last 30 days Form 10-354 Identification and Credit Information for Business Entities (Corporations, LLCs, Partnerships, etc.), and all the required attachments One of the following: If this is for an existing business entity: Business Financial Statements for the most recent 2 years Earnings, bank, or investment account statements that substantiate the information provided in your Business Financial Statement A credit report for the Business Entity, with credit score, from within the last 30 days If this will be for a new business entity created for this project: Personal Financial Statements for all the principals of the organization, that identifies total assets, liquid assets, and financial liabilities Credit reports for all the principals of the organization, with credit score, from within the last 30 days Form 10-355A Offeror Financial Statements and Projections Please Note: Review the credit report you provide carefully, many of the free annual credit reports that are available do not include a credit score. Required Information Offeror Identification Please fully identify the person(s) associated with your proposal, by providing: Name(s), address(es), telephone number(s), e-mail address(es), and fax number(s), if applicable. Your proposal must include a signed Transmittal Letter; a sample is provided in Attachment A. If your organization consists of more than one individual, please identify the primary contact. The NPS will send all communications to that contact person. Please complete and submit the applicable Identification and Credit Information Form contained in the Proposal Forms attached to this RFP for the entity and/or individuals that are to be the lessee and its principals. There are separate forms for individuals, sole proprietor businesses, and other business entities. Criterion 1: Proposed Operating Plan Consistent with National Park Service Mission This section should explain your proposed use or uses of the property and should establish your overall vision for your proposed concept. Furthermore, it should explain why such use or uses would be compatible with the preservation, protection and visitor enjoyment of the park area. Please describe your proposed use or uses of the property, this should include: Anticipated hours of operation. If there is seasonality to your proposed use, provide a seasonal calendar for how your operations would change throughout the year. Anticipated programming, such as lessons, trails rides, boarding, etc. An estimate of customers served on a monthly basis. An estimate of the number of people your organization will employ. A marketing plan that addresses target markets and business plan milestones. Please describe how your proposed use and operations will add to the visitor enjoyment of the park area. Of special note, while the Lessee has exclusive use of the Lease Premises, members of the public might, on occasion, ignore signs and walk through the Lease Premises. Please describe the training you will provide your staff on how handle interactions with the public in this and similar situations. Please describe operational details for safety and well-being of visitors and customers, animal welfare, and facility security. Criterion 2: Improvements, Maintenance, and Repair of the Property This section should describe your concept for improvements to the Leased Premises, if any, and how they will enhance your proposed use. Your response must show how you plan to take full responsibility for all repairs and maintenance of the property. Please describe all repairs and improvements you propose for the Leased Premises. Submit credible cost estimates based on industry standards for all building repairs and improvements. Submit a timeline for design, commencement, and completion of proposed repairs rehabilitation, and improvements. Describe the steps you will take to comply with the Architectural Barriers Act and otherwise facilitate access by mobility impaired individuals within the Lease Premises. Please describe the manner in which you will maintain the Lease Premises after any initial repairs, rehabilitation, or improvements have been completed, this should include: An estimated annual maintenance budget. A calendar of maintenance tasks broken down into daily, weekly, monthly, quarterly, annual, or other time periods as appropriate. Criterion 3: Financial Capability of the Offeror This section should demonstrate that you are capable of making the financial investment required to fund what you propose. Offerors must identify the manner by which they will fund the improvements and other start-up costs proposed for the premises. Submit the source, and proof of the availability, of the funds necessary to carry out the obligations described in your proposal and under the terms of the Sample Lease. You must submit the Financial Capability Information and comprehensive supporting documentation outlined in Attachment B (Forms 10-352, 10-353, or 10-354, including all required attachments) for each manager or principal in your organization. You must provide bank statements, financing commitment letters, investment account statements, or similar documents that substantiate your financial resources. Demonstrate that you have a credible, proven track record of meeting your financial obligations, that your proposal is financially viable. At a minimum, this includes a credit report, with credit score, from within the last 30 days from one of the major credit reporting agencies, and a letter of reference from a financial institution that has previously extended credit to your organization. Provide start-up expenses, stabilized revenues, operating expense estimates, and a proforma projecting revenue and expenses over the Lease Term using Form 10-355A. This form can be found in Attachment C. Please include an estimate of the start-up expenses and investments, revenues and operating expenses for all years covered by your proposed Lease term. Identity all revenue sources and any fees to be charged. Describe the basis of all assumptions in the pro forma to the fullest extent possible, including those regarding each source of income, any inflation factors, other occupancy and management costs. Criterion 4: Demonstrated Experience Operating a Similar Property This section should demonstrate your qualifications to provide top quality management of the Lease Premises. To be considered qualified, responsive, and responsible, an Offeror must submit the items listed below. Provide resumes of the Offerors owners and key managers. To the extent possible, please ensure these resumes document the Offerors demonstrated experience and success in facility management, sales and marketing, and experience working with horses. Describe Offerors relevant and specialized experience and its role in current and past projects of similar scope and complexity. Describe, in detail, your experience managing a similar property including the total years of operation of that property and any repairs you made to the property. Criterion 5: Environmental Enhancement This section should explain how you plan to use and manage the Lease Premises in an environmentally enhancing manner. At a minimum describe the ways in which you will address: Ecological protection. Energy conservation. Water conservation. Waste reduction. Recycling. Criterion 6: Financial and Other Terms Offered This section should explain the financial and material benefit your proposed use will provide to the NPS. Due to NPS leasing regulations, no annual rent offer of an amount less than the Fair Market Value Rent (FMVR) can or shall be accepted. State the amount of Annual Rent you propose to pay and explain how you determined the amount. If you are planning to propose a percentage rent, state the percentage rent you propose to pay and explain how you determined the amount. Please describe any terms and conditions in the Sample Lease that you intend to negotiate with NPS, but do not include a marked-up version of the Sample Lease. EVALUATION AND SELECTION PROCESS The National Park Service will review all responses to this RFP through an evaluation panel assisted by technical consultants as appropriate. All proposals will first be screened for adherence to the requirements of this RFP. The NPS will not consider non-responsive proposals. A non-responsive proposal is a proposal that was not timely submitted or fails to meet the material terms and conditions of this RFP as determined by the NPS. A non-responsive proposal is also one which information is not included in the correct or relevant section. The NPS will only use information provided in the appropriate section of a proposal during the evaluation process; please organize your proposal carefully. It is the intention of the NPS to select the best responsive proposal as determined under the selection criteria without further submittals or presentations. If this cannot be done, the NPS will select those proposals that appear most suitable under the selection criteria and will request additional information or presentations from that group so that the best responsive proposal can be selected. NPS will negotiate the terms of the final Lease with the selected Offeror. Award of a Lease to that Offeror is not guaranteed and is dependent on successful negotiation of the final terms of the lease. If negotiations fail, NPS may negotiate with other Offerors for award of the Lease or terminate this solicitation without liability to any person or organization. The NPS reserves the right to reject one or all proposals, terminate lease negotiations, or cancel this RFP Solicitation at any time prior to executing a final lease without penalty or liability. ADDITIONAL INFORMATION AND MODIFICATION OF PROPOSALS The NPS may request from any Offeror additional information or written clarification of a proposal after the submission date. However, proposals may not be amended after the submission date unless permitted by the NPS. The NPS may not permit amendment of a proposal unless all Offerors that submitted responsive proposals are given an opportunity to amend their respective proposals. LEASE TERMS AND CONDITIONS Term of Lease The Lease to be awarded under this RFP shall not exceed a term of ten (10) years. Conditions Selection of a proposal does not guarantee a lease for the Offeror. The Offeror who submits a responsive proposal judged best under the proposal selection criteria will be given an opportunity to negotiate a final lease with NPS. Lease Provisions The Lease to be awarded under this RFP will contain the provisions required by 36 CFR Part 18 as well as other provisions determined by the NPS to be necessary to assure use of the leased property in a manner consistent with the purposes of the park area, and where applicable, to assure the preservation of historic property. Required provisions include, without limitation: A termination for cause or default provision and a termination for convenience provision; Appropriate provisions requiring the Lessee to maintain the leased property in good condition throughout the term of the Lease; Appropriate provisions stating that subletting of a portion of the leased property and assignment of a lease, if permissible under the terms of the lease, must be subject to the written approval of NPS; Appropriate provisions requiring the Lessee to pay for use of all services and utilities, whether or not such services or utilities are provided by the Lessor, and to pay all taxes and assessments imposed by federal, state, or local agencies applicable to the leased property or to Lessee activities; Appropriate provisions stating that the Lessee has no rights of renewal of the Lease or to the award of a new Lease upon Lease termination or expiration; Appropriate provisions stating that the Lessee may not construct new buildings or structures on leased property except in limited circumstances with written approval from the NPS; Appropriate provisions requiring that any improvements to leased property to be made by the Lessee may be undertaken only with written approval from the NPS; and Appropriate provisions that describe and limit the type of activities that may be conducted by the Lessee on the leased property. A Sample Lease is attached to this RFP and incorporates these terms. PROPOSALS CONSIDERED PUBLIC DOCUMENTS All proposals submitted in response to this Prospectus may be disclosed by the Service to any person, upon request, to the extent required or authorized by the Freedom of Informa...