View all text of Subjgrp 308 [§ 585.235 - § 585.239]
§ 585.235 - If I have a commercial lease, how long will my lease remain in effect?
(a) For commercial leases, the lease terms and applicable automatic extensions are as shown in the following table:
Lease term | Automatic extensions | Requirements | (1) Each commercial lease will have a preliminary term of 12 months, within which the lessee must submit: (i) a SAP; or (ii) a combined SAP and Construction and Operations Plan (COP). The preliminary term begins on the effective date of the lease | If BOEM receives a SAP that satisfies the requirements of §§ 585.605-585.613 or a SAP/COP that satisfies the requirements of §§ 585.605-585.613 and §§ 585.620-585.628, the preliminary term will be extended for the time necessary for us to conduct technical and environmental reviews of the SAP or SAP/COP | The SAP must meet the requirements of §§ 585.605-585.613. The SAP/COP must meet the requirements of §§ 585.605-585.613 and §§ 585.620-585.628. | (2) A commercial lease will have a site assessment term of five years to conduct site assessment activities and to submit a COP, if a SAP/COP has not been submitted. Your site assessment term begins when BOEM approves your SAP or SAP/COP | If we receive a COP that satisfies the requirements of §§ 585.620-585.628, the site assessment term will be automatically extended for the period of time necessary for us to conduct technical and environmental reviews of the COP | The COP must meet the requirements of §§ 585.620-585.628. | (3) A commercial lease will have an operations term of 25 years, unless a longer term is negotiated by the parties. A request for lease renewal must be submitted two years before the end of the operations term. If you submit a COP, your operations term begins on the date that BOEM approves the COP. If you submit a SAP/COP, your operations term begins on the earliest of the following dates: five years after BOEM approves the SAP/COP; when fabrication begins; or, when installation commences | The lease renewal request must meet the requirements in §§ 585.425-585.429. | (4) A commercial lease may have additional time added to the operations term through a lease renewal. The term of the lease renewal will not exceed the original term of the lease, unless a longer term is negotiated by the parties. The lease renewal term begins upon expiration of the original operations term | NOTE: BOEM may also order or grant a suspension of the operations term, as provided in §§ 585.415-585.421 thereby effectively extending the term of the lease. |
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(b) If you do not timely submit a SAP, COP, or SAP/COP, as appropriate, you may request additional time to extend the preliminary or site assessment term of your commercial lease that includes a revised schedule for submission of the plan, as appropriate.