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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10. 1997
Division:
County Administrator
Bulk Item: Yes
No ----X-
Department: County Administrator
AGENDA ITEM WORDING:
Approval of lease with the U.S. Department of the Navy for the Commissary building in the City of
Key West.
ITEM BACKGROUND:
The Board of County Commissioners has applied through the Local Redevelopment Authority (LRA)
process for ultimate ownership and use of the Commissary building for County Health and Social
Services functions and administrative offices. The LRA has approved the County to have the transfer
of property. The lease indicated allows the County to begin work on the design of the ultimate use of
the Commissary.
PREVIOUS REVELANT BOCC ACTION:
Approvals as above and approval of a Memorandum of Understanding among Monroe County, the
Navy, the State Historic Preservation Officer and the National Council for Historic Preservation.
STAFF RECOMMENDATIONS:
Approval.
TOT AL COST: Maintenance cost
BUDGETED: Yes
No
COST TO COUNTY: Maintenance cost
REVENUE PRODUCING: Yes
No -1L AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -X- OMB/Purchasing X
Risk Management ---X
DIVISION DIRECTOR APPROVAL:
__--,------.7 ---~
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James L. Roberts
DOCUl\'!ENTATION:
Included -X-
To Follow
Not Required
AGENDA ITEM # (' )5
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~ARY
Contract #_
Contract with:Department of the Navy Effective Date:_
Expiration Date:_
Contract Purpose/Description: Lease with the U.S. Department of the Navy for the Commissary
building in the City of Key West for County Health and Social Services functions and
Administrative offices.
Contract Manager:Debbie Frederick
(Name)
4741
(Ext. )
County Administrator's Office
(Department)
for BOCC meeting on 12-10-97_
Agenda Deadline: 11-25-97
CONTRACT COSTS
Total Dollar Value of Contract: $Maintenance Current Year Portion: $_
Cost
Budgeted? YesC8J No D
Grant: $_
County Match: $
Account Codes:
- - - -
-----
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~Yf For: _
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
. urchasing
Changes
Da~e In Needed ~.::. '_ ',. ~.;~ Re~iewerf\
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YesD NoD
Date Out
Division Director
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R~sk Management
Comments:
OMB Form Revised 9/11/95 MCP #2
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #_
Contract with:DeDmtment of the Navv Effective Date:_
Expiration Date:_
Contract PutposeIDescription: Lease with the U.S. Department of the Navy for the Cornmissarv
building in,'the City of Key West for County Health and Social Services functiQn~ and
J\dllli~stt:itiy~ offices.
Contract Manager:Debbie Frederick
(Name)
ill1
(Ext. )
County Administrator's Office
(Department)
A enda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $Maintenance Current Year Portion: $_
~
Budgeted?Yesl8] NoD Account Codes: _-_--..---
Grant: $_
County Match: $_
. _ _ 1
----. --..-..- ~ - ~
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- - - ~---.-.....-
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For: _
(Not included in dollar value above) (esz. maintenance. utilities, ianitorial, salaries. etc.)
CONTRACT REVIEW
Division Director
Date In
~
Changes
Neede~-.u .-:::,~. Re:1~~ .
YesD N . . '- .... ....r:::: ' .... _~':~.:. _ _ \
YesD NoD
Date Out
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Risk Management
O.M.B./Purchasing YcsD NoD
County Attorney l.>/flf7 YesDNo~ . M::9jJ-
comments~,4~t2AL- ~#'~ ~
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OMB Form Revi~ed 9/11/9S MCP #2
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All correspondence in connection with
this contract should include reference
to N62467-98-RP-
LEASE
BETWEEN
THE UNITED STATES OF AMERICA
AND
COUNTY OF MONROE
STATE OF FLORIDA
THIS LEASE, made this day of , 199-, by and between THE UNITED STATES
OF AMERICA, acting by and through the Department of the Navy, hereinafter called the
"Government", and County of Monroe, Key West, Florida hereinafter called the "Lessee";
WIT N E SSE T H:
WHEREAS, Government has declared Premises surplus at the Simonton Street Navy
Conunissary, Naval Air Station, Key West, Florida (NAS) and Lessee has immediate need to use
these Premises; and
WHEREAS, an application for a Public Benefit Conveyance, pursuant to National
Defense Authorization Act of 1994 (P.L. 103-160), Section 2903, was submitted by Lessee
on and is under review by the Department of Interior; and
, WHEREAS, a Record of Decision, based on the Environmental Impact Statement
and consistent with the Lessee's Consensus Reuse Plan, was executed on ; and
WHEREAS, further environmental remediation and cleanup of the Premises are
necessary before the Premises may be transferred; and
WHEREAS, the Secretary of the Navy, pursuant to the provisions of 10 U.S.C.
2667(f)(1), has determined that a lease in furtherance of conveyance will facilitate state and
local economic adjustment efforts pending its final disposition of the real and personal property;
and
WHEREAS, the Secretary of the Navy, pursuant to the provisions of 10 U.S.C.
2667(f)(2) has determined that a public interest will be served as a result of this lease and the fair
market value of the lease is not compatible with such public benefit; therefore, consideration for
this lease will be at less than the fair market value; and
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WHEREAS, the Lessee, a public body, with the power to acquire and dispose of real
property in accordance with Article -----J Section _ of the Constitution of the State of
Florida, desires to lease certain property declared surplus by the Govermnent; and
WHEREAS, the Secretary of the Navy has consulted with the Environmental Protection
Agency and a determination has been made that the environmental condition of the property
proposed for leasing is such that the lease of the property is advisable; and
WHEREAS, Government has consulted with the City of Key West, Florida, recognized
by the Secretary of Defense, through the Office of Economic Adjustment, as the Local
Redevelopment Authority with the responsibility for the redevelopment of the Naval Air Station,
Key West, Florida. The City of Key West has approved this lease to the County of Monroe,
Florida.
NOW THEREFORE, in consideration of the terms, covenants, and conditions
hereinafter set forth, Goverrunent and Lessee hereby agree as follows:
1. LEASED PREMISES. Government does hereby lease, rent, and demise to Lessee,
and Lessee does hereby hire and rent from Government, Navy CommissarY Store & related
facilities. land and oarkina. Simonton Street. Kev West. Florida thereupon all as shown on the
drawing marked Exhibit "AII, and certain additional personal property shown and included in
Exhibit "B", both exhibits attached hereto and by reference made a part hereof (collectively the
"Premises").
2. TERM. The term oftrus lease shall begin at the date of execution of this lease by the
Contracting Officer and shall continue until the Premises can be transferred by quitclaim deed,
unless sooner terminated in accordance with the provisions of Paragraph 14, Termination.
3. RENT.
3.1 In lieu of cash rental, the Lessee shall provide protection and
maintenance/repair services for the Premises as described in Paragraph 12. It is understood by
the Lessee that since the subject property is being leased for less than fair market value and the
lease permits the property to be sublet, the rents from the subleases must be applied to the
protection, maintenance, repair, improvements, and costs of the Premises.
3.2 Lessee shall keep adequate records and books of accoWlt showing the
actual cost to it of all items of labor, material, equipment, supplies, services, and other items of
cost of any nature constituting an item of actual cost incurred by it directly in the performance of
any item of work or service in the nature of the repair, protection and maintenance services
described in paragraph 12 to be provided the Premises as in-kind consideration for rent or capital
improvements as described in paragraph 8. Lessee shall provide Government with an annual
report of rents received, total expenditures for repair, protection and maintenance services, and
capital improvement expenditures. Lessee shall also provide Govenunent with access to such
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records and books of account and proper facilities for inspection thereof at all reasonable times.
All information obtained from said records and books of account shall be deemed confidential.
4. USE OF PREMISES.
. . 4.1 The sole purpose for which the Premises may be used, in the absence of prior
written approval by the Government for any other use, is for use consistent with the Lessee's
Consensus Reuse Plan approved by the on
4.2 Government may continue to store material in the building until September
1998 as documented in the Federal Register excess notice for the Commissary and will have free
access to building for the management of those materials without interference by Lessee's
activities in building. Lessee is responsible for taking whatever action is necessary to ensure
their access does not result in vandalism or damage to the building and stored Government
materials.
4.3 The Simonton Street Commissary, Building Number G-1, is listed in the
National Register of Historic Places. Lessee will coordinate any proposed aesthetic. structural
or landscape alterations to this building with the Navy and the Florida State Historic
Preservation Officer (SHPO) prior to undertaking said alterations. Any approved aesthetic,
structural or landscape alterations to this building must be done in accordance with the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings (U.S.Department of the Interior. National Park Service) and will be the subject of
consultation between the Lessee, the Navy, and the Florida SHPO.
4.4 Lessee will fund all documentation required by the Florida State Historic
preservation office and Historic Building Preservation.
5. ASSIGNMENT OR SUBLETTING.
5.1 Lessee shall neither transfer nor assign this lease or any interest therein or
any property on the Premises nor sublet the Premises or any part thereof or any property thereo~
nor grant any interest, privilege, or license whatsoever in cormection with this lease without the
prior written consent of Government. Such consent shall not be unreasonably withheld or
delayed. Every sublease shall contain the Envirorunental Protection provisions set forth in
Paragraph 13.
5.2 Any sublease granted by Lessee shall contain a copy of this lease as an
attachment and be subject to all of the terms and conditions oftws lease and shall terminate
immediately upon any earlier termination of the lease, without any liability on the part of
Goverrunent to Lessee or any sublessee. Under any sublease made, with or without consent, the
sublessee shall be deemed to have assumed all of the obligations of Lessee under this lease. No
sublease shall relieve Lessee of any of its obligations hereunder.
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5.3 For any sublease, Lessee shall use only a lease form approved by
Government. Lessee shall furnish Govenunent, for its prior written consent, a copy of each
sublease it proposes to execute. Such consent may include the requirement to delete, add, or
change provisions in the sublease instrument as Government shall deem necessary to protect its
interests. Consent to any sublease shall not be taken or construed to diminish or enlarge any of
the rights or',obligations of either of the parties under the lease. Should a conflict arise between
the provisions bfthis lease and a provision of the sublease, the provisions of this lease shall take
precedence. Upon its execution, a copy of the sublease shall immediately be furnished to the
Government.
6. JOINT INSPECTION REPORT. A joint inspection has been conducted by
representatives of Lessee and Government of the Premises, including all personal property and a
complete inventory of Government real and personal property has been made. A report has been
made of the condition of the Premises, including personal property and any deficiencies which
were found to exist have been noted in such report. Each inventory is identified by building or
facility number, and signed and dated by both parties to the lease. The Joint Inspection Report is
attached to the lease as Exhibit "C". All related personal property in a building, unless
specifically exempted by the terms and conditions of this lease, is intended to remain with that
building. All real and personal property delivered to Lessee shall be delivered "as is, where is",
and, as such, Government makes no warranty as to such real and personal property either as to
their usability generally or as to their fitness for any particular purpose. Any safety andlor health
hazards identified shall be corrected at Lessee's expense prior to use and occupancy. Should this
Lease terminate and not be succeeded by a conveyance of title to. the Premises, Lessee shall turn
over to Government the Premises in the same condition in which they were received, reasonable
wear and tear and acts of God excepted~ provided, nevertheless, Lessee may at its expense and
with prior approval of Government, which approval shall not be unreasonably delayed, (a)
replace any personal property with personal property of like kind and utility, (b) repair any
personal property in a good and workmanlike manner, and (c) dispose of any worn out, obsolete
or non-functioning personal property.
7. ENVIRONMENTAL BASELINE SURVEY AND FINDING OF SUITABILITY TO
LEASE An Enviromnental Baseline Survey (EBS) and Finding of Suitability to Lease (FOSL)
are attached as Exhibit liD" and made a part of this lease. The EBS sets forth the existing
environmental conditions of the Premises as represented by the baseline survey which has been
conducted by the Government and the FOSL sets forth the basis for the Government's
determination that the Premises is suitable for leasing. The Lessee and Sublessee are hereby
made aware of the notifications contained in the EBS and FOSL and shall comply with all
restrictions set forth therein.
8. ALTERATIONS. No additions to, or alterations of, the Premises, including capital
improvements and ground excavation shall be made without the prior written consent of the
Government which consent shall not be unreasonably withheld or delayed. Such consent may
involve a requirement to provide the Government with a performance and payment bond
satisfactory to it in all respects and other requirements deemed necessary to protect the interests
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of the Goverrunent. Upon termination of the lease other than by transfer of Premises to Lessee
or by revocation or surrender of any sublease, to the extent directed by Government, Lessee
shall, at the option of and at no expense to the Government, either:
8.1 Promptly remove all alterations, additions, betterments, and improvements
made or installed and restore the Premises to the same or as good condition as existed on the date
of entry under this lease, reasonable wear and tear excepted; ot
8.2 Abandon such additions or alterations in place, at which time title to said
alterations, improvements, and additions shall vest in Government.
Provided in either event all personal property and trade fixtures of tenant or any third person may
be removed and tenant shall repair any damages to the leased premises resulting from such
removal.
9. ACCESS BY GOVERNMENT. In addition to access required under Paragraphs 4.2
and 13, at all reasonable times throughout the term of this lease, Govermnent shall be allowed
access to the Premises for any purposes upon notice to Lessee. Government normally will give
Lessee or any sublessee 24-hour prior notice of its intention to enter the Premises unless it
determines the entry is required for safety, environmental, operations or security purposes.
Lessee shall have no claim on account of any entries against the United States or any officer,
agent, employee or contractor, therefore, all necessary keys to the buildings and Premises
occupied by Lessee or any sublessee shall be made available to Government upon request.
10. UTILITIES. Procurement of utilities, i.e., electricity, water, gas, steam, sewer,
telephone, and trash removal will be the responsibility of the Lessee. In the event that the
Government shall furnish Lessee with any utilities or services maintained by the Government
which Lessee may require in cormection with its use of the Premises, Lessee shall pay the
Government the charges therefor in addition to the cash rent if any required under this lease.
Such charges and the method of payment shall be determined by the Government in accordance
with applicable laws and regulations. If directed by the Government, the Lessee at its sole cost
shall install metering devices for utilities serving the Premises prior to its occupancy of the
Premises, and the volume of utilities used by Lessee shall be determined by such metering
devices. It is expressly agreed and ooderstood that the Government in no way warrants the
continued maintenance or adequacy of any utility or service furnished by it to Lessee.
11. NO INTERFERENCE
11.1 The Government and the Lessee will coordinate the conduct of any joint
occupancy of the Premises if required for the performance of environmental cleanup or
restoration actions by the Government, Environmental Protection Agency (EP A), State of Florida
or their contractor.
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11.2 Lessee shall not conduct operations, nor make any alterations, that would
interfere with or otherwise restrict Navy operations or environmental clean-up or restoration
actions by the Government, EP A, State of Florida, or their contractors. Cleanup, restoration, or
testing activities for enviromnental purposes by these parties shall take priority over Lessee's use
of the Premi~es in the event of any conflict.
12. PROTECTION AND MAINTENANCE SERVICES. Lessee shall furnish all labor,
supervision, materials, supplies, and equipment necessary to furnish the maintenance and repair
of the following building systems and appurtenances: structural, fencing, plumbing, electrical,
heating and cooling systems, exterior utility systems, pavement and ground maintenance,
(including grass cutting, shrub trimming, and tree removal), pest control to make sure the
Premises remain free from rodents, insects, termites, animals and weeds, refuse removal and
security and fire protection necessary for the protection of the Premises. Govenunent shall not
be required to furnish any services or Facilities or to make any repair or alteration in or to the
Premises. Lessee hereby assumes the full and sole responsibility for the protection, maintenance
and repair of the Premises. For specifics as to such protection and maintenance and repair
required to be provided by Lessee hereunder the following provisions shall apply:
12.1 Maintenance & Reuair. The degree of maintenance and repair services to
be furnished by Lessee hereunder shall be that which is sufficient to assure weather tightness,
structural stability (excluding any seismic retrofit and/or modifications to foundations resulting
from extraordinary natural occurrences such as earthquakes and landslides), protection from fire
hazards or erosion, and elimination of safety and health hazards, which arise during the term of
the Lease and which are not caused by the actions of the Government or its employees,
contractors, or agents, so that the Premises being serviced will remain in the condition in which
they exist at the commencement of the lease as documented in the Joint Inspection Report
prepared pursuant to paragraph 6, ordinary wear and tear and acts of God excepted. This does
not apply to any pre-existing defective conditions (exclusive of safety and/or health hazards) of
the Premises belonging to the Government which were identified as defective at the time of the
joint inspection, such defects being noted and included in the Joint Inspection Report. Any
repair to correct such pre-existing defective conditions shall be at the Lessee's option and
expense. The Government, upon due notice, may inspect the Premises to insure performance of
the maintenance set forth herein.
12.2 Exterior Utility Svstems. Unless otherwise detenninedjointly between the
Govermnent and the Lessee, the physical limits of Lessee' s maintenance responsibility for utility
systems will be as follows:
Potable water lines - Lessee shall maintain from the outlet side of the meter on
metered services, from and including the service cut-off box and valve outside the building for
non-metered services, or from five feet beyond the outside edge of buildings in cases where there
is no meter or shut off valve to and including all plumbing fixtures.
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Waste and sewage lines (including all lines six inches in diameter and smaller) -
Lessee shall maintain from the connection at the eight inch or larger sewer main or lateral at the
street, to and including all drains and plumbing fixtures.
Natural and propane gas lines - Lessee shall maintain from the cut-off valve at the
pressure regUlator and lor storage tank to and including all appliances, heaters, or equipment
connections.
Electrical systems (600 volts and less) Lessee shall maintain from beginning at
and including the weatherhead. In the case of Wlderground power electrical systems shall be
maintained beginning at and including the meter base, or if no meter exists, from the low voltage
side of the transformer.
Storm sewer system - Lessee shall maintain all stonn sewer system components
incl uding pipes and catch basins on or under leased premises.
12.3 Refuse Removal. Debris, trash and other useless materials shall be
promptly removed from the Premises, and the area of work shall be kept reasonably clean and
free of useless materials at all times. At completion of the lease, the area of work and the
Premises shall be left without containers, Lessee's equipment, and other Wldesirable materials,
and in an acceptably clean condition.
12.4 Security Protection. Lessee shall provide security to assure security and
safety of the Premises. Any crimes or other offenses, including traffic offenses and crimes and
offenses involving damage to or theft of Government property, shall be reported to the
appropriate authorities for their investigation and disposition and to Government as property
owner.
12.5 Fire Protection. Lessee shall be responsible for fire protection of the
Premises.
13 . ENVIRONMENTAL PROTECTION PROVISIONS.
13.1 Lessee and any sublessee shall comply with the applicable Federal, state,
and local laws, regulations, and standards that are or may become applicable to Lessee's activities
on the Premises.
13.2 Lessee and any sublessee shall be solely responsible for obtaining at its cost
and expense any envirorunental permits required for its operations under the lease, independent
of any existing permits. Copies of all required operation permits shall be provided to the
Government.
13.3 Lessee shall indemnify and hold harmless Government from any costs,
expenses, liabilities, fines, or penalties resulting from discharges, emissions, spills, storage,
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disposal, arising from Lessee's occupancy, use or operations, or any other action by Lessee or
any sublessee giving rise to Government liability, civil or criminal, or responsibility under
Federal, state, or local environmental laws. This provision shall survive the expiration or
termination of the lease, and Lessee's obligations hereunder shall apply whenever Government
incurs costs or liabilities for Lessee's actions.
The Government shall indemnify and hold harmless Lessee to the extent
authorized in Section 330 of P.L. 102-484.
13.4 Government's rights under this lease specifically includes the right for
Government officials to inspect upon reasonable notice the Premises for compliance with
environmental, safety, and occupational health laws and regulations, whether or not Government
is responsible for enforcing them. Such inspections are without prejudice to the right of duly
constituted enforcement officials to make such inspections. The Government normally will give
the Lessee or sublessee twenty four (24) hours prior notice of its intention to enter the Premises
unless it determines the entry is required for safety, environmental, operations, or security
purposes. The Lessee shall have no claim on account of any entries against the United States or
any officer, agent, employees or contractor thereof. The Lessee will establish a program to
ensure compliance with OSHA standards which will include an annual inspection to identify
deficiencies in the Premises, the resolution of those deficiencies, and an annual report to the
Government noting all deficiencies and their resolution.
13.5 The Simonton Street Commissary, Key West has not been identified as a
National Priority List (NPL) Site under the Comprehensive Envirorunental Response
Compensation and Liability Act (CERCLA) of 1980, as amended, and as such is not subject to
any Inter-Agency Agreement (lAG).
13.6 The Government, EPA, and the Florida Department of Enviromnental
Protection (FDEP) and their officers, agents, employees, contractors, and subcontractors have
the right, upon reasonable notice to Lessee and any sublessee, to enter upon the Premises for the
purposes enwnerated below and for such other purposes consistent with any provision of the
Installation Restoration Program (IRP).
13.6.1 To conduct investigations and surveys, including, where necessary,
drilling, soil and water sampling, testpitting, testing soil borings and other activities related to the
IRP.
13.6.2 To inspect field activities of the Government and its contractors
and subcontractors in implementing IRP.
13.6.3 To conduct any test or survey required by the EPA or FDEP
relating to the implementation of the IRP at the Premises or to verify any data submi tted to the
EPA or FDEP by the Govenunent relating to such conditions.
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13.6.4 To construct, operate, maintain, or undertake any other response or
remedial action as required or necessary under the IRP, including, but not limited to, monitoring
wells, pumping wells, and treatment facilities.
13.7 Lessee further agrees that in the event of any assignment or sublease of the
Premises, it shall provide to the EP A and FDEP by certified mail a copy of the agreement or
sublease of the Premises within fourteen (14) days after the effective date of such transaction.
Lessee may delete the [mancial terms and any other proprietary information from the copy of any
agreement of assignment or sublease furnished pursuant to this condition.
13.8 Lessee shall not conduct or pennit its sublessees to conduct, any
subsurface excavation, digging, drilling or other disturbance of the surface without the prior
written approval of the Goverrunent.
13.9 The Lessee shall strictly comply with the hazardous waste permit
requirements under the Resource Conservation and Recovery Act (ReRA) and the State of
Florida equivalent. Except as specifically authorized by the Government in writing, the Lessee
must provide at its own expense such hazardous waste management facilities, complying with all
laws and regulations. Government hazardous waste management facilities will not be available
to the Lessee. Any violation of the requirements of this condition shall be deemed a material
breach of this Lease.
13.10 DOD Component accumulation points for hazardous and other wastes will
not be used by the Lessee or any sublessee. Neither will the Lessee or sublessee permit its
hazardous wastes to be commingled with hazardous waste of the DOD Component.
13.11 The Lessee shall have a Goverrunent-approved plan for responding to
hazardous waste, fuel, and other chemical spills prior to commencement of operations on the
Premises. Such plan shall be independent of NAS Key West, Florida and shall not rely on use
of installation personnel or equipment. Should the Government provide any personnel or
equipment, whether for initial fire response and/or spill containment, or otherwise on request of
the Lessee, or because the Lessee was not, in the opinion of the said officer, conducting timely
cleanup actions, the Lessee agrees to reimburse the Government for its cost.
13.12 The Lessee shall not construct or make or permit its sublessees or assigns
to constrUct or make any substantial alterations, additions, or improvements to or installations
upon or otherwise modify or alter the Premises in any way which may adversely affect the
cleanup, human health, or the envirorunent without the prior written consent of the Goverrunent.
Such consent may include a requirement to provide the Government with a performance and
payment bond satisfactory to it in all respects and other requirements deemed necessary to
protect the interests of the Government. For construction of alterations, additions, modifications,
improvements or installations (collectively "work") in the proximity of operable units that are
part of a National Priorities List (NPL) Site, such consent may include a requirement for written
approval by the Government's Remedial Project Manager in addition to the approval by the
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Contracting Officer. Except as such written approval shall expressly provide otherwise, all such
approved alterations, additions, modifications, improvements, and installations shall become
Goverrunent property when annexed to the Premises.
13.13 The Lessee agrees to comply with the provisions of any health or safety
plan in effect under the IRP during the course of any of the above described response or remedial
actions. Any inspection, survey, investigation, or other response or remedial action will, to the
extent practicable, be coordinated with representatives designated by the Lessee and any
sublessee. The Lessee and any sub lessees, assignees, licensees, or invitees shall have no claim on
account of such entries against the Goverrunent or any officer, agent, employee, contractor, or
subcontractor thereof. In addition, the Lessee shall comply with all applicable Federal, State, and
local occupational safety and health regulations applicable with respect to its use of the Premises
during the term oftms lease. Nothing herein shall obligate the Government to compensate
Lessee or any third person for any lost profits, lost opportunities, wages or operating expenses or
any other costs incurred as a result of Lessee's cooperation pursuant to this paragraph.
13.14 Storage, treatment, or disposal of toxic or hazardous materials on the
Premises is prohibited except as authorized by the Government in accordance with 10 D.S.C. 2692.
13.15 The Lessee and any sublessee shall provide prior written notification to the
Government of any articles, tools, equipment, or devices brought on-site which contain
radioactive material. Examples of potential radiological sources include radium-containing dials,
gauges, and illwninators; tritiwn in illuminators and exit signs; thorium in optical lenses or
welding consurnables; abrasive blasting material~ or any radioactive source used for calibration,
medical diagnosis or therapy, or industrial radiography. The Lessee is responsible for removal of
any such potential radiological sources upon termination of the Lease.
14. TERMINATION.
14.1 Termination by Goverrunent. The Government shall have the right to
terminate this Lease without liability;
14.1.1 Upon ten (10) day notice in the event of a national emergency as
declared by the President or the Congress of the United States~ or
14.1.2 In the event of breach by the Lessee of any terms and conditions
hereof. In the event of a breach involving the performance of any obligation, the Lessee shall be
afforded ten (10) days from the receipt of the Government's notice of intent to terminate to
complete the performance of the obligation or otherwise cure the subject breach and avoid
termination of this Lease. The Government may grant a reasonable extension of time to
complete the cure. In the event that the Government shall elect to terminate this Lease on
account of the breach by the Lessee of any of the terms and conditions, the Government shall be
entitled to recover and the Lessee shall pay to the Government.
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14.1.2.1 The costs incurred in resuming possession of the
Premises.
14.1.2.2 The costs incurred in performing any obligation on the
part of the Lessee to be performed hereunder.
14.1.2.3 An amount equal to the aggregate of any maintenance
obligations, and charges assumed hereunder and not paid or satisfied, which amounts shall be
due and payable at the time when such obligations, and charges would have accrued or become
due and payable under this Lease.
14.1.3. If the Lessee is tendered fee ownership of the leased premises and
fails to accept such ownership within one hundred eighty (180) days of written notice of such
offer.
14.2 Termination by Lessee. The Lessee shall have the right to terminate this
Lease upon 30 days written notice to the Government in the event of breach by the Govenunent
of any of the terms and conditions hereof. In the event of a breach involving the performance of
any obligation, the Government shall be afforded ten days from the receipt of the Lessee's notice
of intent to terminate to complete performance of the obligation or otherwise undertake to cure
the subject breach and avoid termination of this Lease. The Lessee shall also have the right to
terminate this Lease in the event of damage to or destruction of all of the Premises or such a
substantial portion thereof as to render the Premises incapable of use for the purposes for which
it is leased hereunder, provided:
14.2.1 The Government either has not authorized or directed the repair,
rebuilding, or replacement of the improvements or has made no provision for payment for such
repair, rebuilding, or replacement by application of insurance proceeds or otherwise, and
14.2.2 That such damage or destruction was not occasioned by the fault or
negligence of the Lessee or any of its officers, agents, servants, employees, subtenants, licensees,
or invitees, or by any failure or refusal on the part of the Lessee to fully perform its obligations
under this Lease.
14.3 Termination by Transfer. This Lease will terminate upon the transfer to
the Lessee of title to the leased Premises.
14.4 Environmental Contamination. In the event environmental contamination
is discovered on the property which creates, in- Government's determination, an imminent and
substantial endangerment to human health or the environment, and notwithstanding any other
termination rights and procedures contained in this lease, Lessee shall vacate, or require any
sublessee to vacate, the Premises immediately upon notice from Government of the existence of
such a condition and the requirement to so vacate the Premises. Exercise of this right by the
Government shall be without liability except that Lessee shall not be responsible for the payment
of rent, the amount of deduction to be determined on a daily pro rata basis, during the period the
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Premises is vacated. Government's exercise of the right herein to order the property immediately
vacated does not alone constitute a termination of the lease, but such right may be exercised in
conjunction with any other termination rights provided in this lease or by law.
15. INDEMNIFICATION BY LESSEE. Lessee shall indemnify, defend, and save
Goverrunent harmless and shall pay all costs, expenses, and reasonable attorney's fees for all trial
and appellate levels and post judgement proceedings in cOlUlection with any [mes, suits, actions,
damages, liability, and causes of action of every nature whatsoever arising or growing out of, or
in any manner connected with, the occupation or use of the Premises by Lessee and the
employees, agents, servants, guests, invitees, contractors and sublessees of Lessee, including but
not limited to, any fines, claims, demands, and causes of action of every nature whatsoever
which may be made upon, sustained, or incW1"ed by Government by reason of any breach,
violation, omission, or nonwperformance of any term, covenant, or condition hereof on the part
of Lessee or the employees, agents, servants, guests, or invitees of Lessee. This indemnification
also applies to claims arising out of the furnishing of any utilities or services by the Government
or any interruption therein or failure thereof, whether or Dot the same shall be occasioned by the
negligence or lack of diligence of Lessee, its officers, agents, servants or employees. However,
this indemnity shall not extend to damages due to the fault or negligence of the Government or
its contractors. This covenant shall survive the termination of this lease.
16. INSURANCE.
16.1 All Risk. Lessee shall in any event and without prejudice to any other
rights of Govenunent bear all risk of loss or damage to the Premises occupied or used by Lessee
or any of its sublessees, arising from any causes whatsoever, or in any manner connected with
the occupation or use of the Premises by Lessee or any sublessees, or by a risk customarily
covered by insurance in the locality in which the Premises are situated, even where such loss or
damage stems from causes beyond Lessee's control. Provided, however, Lessee shall have no
liability for loss or damage resulting from collapse of structures, war, riot, flood, windstorm, fire,
explosion (not caused by Lessee's negligence) acts of God or natural disasters. As to damage of
facilities and personal property not part of the Premises, Lessee shall only be liable for loss or
damage arising out of Lessee's occupation or use of the Premises. In the event that any item or
part of the Premises shall require repair, rebuilding, or replacement resulting from loss or
damage, the risk of which is assumed under this section, Lessee shall promptly give notice
thereof to Government, and shall, upon demand of Government, either compensate Government
for such loss or damage, or rebuild, replace, or repair the item or items of the Premises so lost or
damaged.
16.2 Lessee's Insurance. During the entire period this lease shall be in effect,
Lessee at its expense will carry and maintain:
16.2.1 All-risks property and casualty insurance against the risks
enumerated in paragraph 16.1 above in an amoWlt at all times equal to at least 100 percent of the
full cost to remove debris from the Premises and clear the Premises.
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16.2.2 Public liability and property damage insurance, including but not
limited to, insurance against assumed or contractual liability under this lease, with respect to the
Premises, to afford protection with limits of liability of not less than $1,000,000 in the event of
bodily injury and death to any number of persons in anyone accident, and not less than
$l,OOO,OOOfor property damage.
16.2.3 If and to the extent required by law, worker's compensation or
similar insurance in form and amounts required by law.
16.3 Lessee's Contractor's and Sublessee's Insurance. During the entire period
this lease shall be in effect, Lessee shall require its contractors or sublessees or any contractor
performing work at Lessee's or Sublessee's request on the Premises to carry and maintain the
insurance required below:
16.3.1 Comprehensive genera1liability insurance, including, but not
limited to, contractor's liability coverage and contractual liability coverage, of not less than
$1,000,000 with respect to personal injury or death, and $1,000,000 with respect to property
damage.
16.3.2 Worker's compensation or similar insurance in form and amounts
required by law.
16.4 Policy Provisions. All insurance which this lease requires Lessee to carry
and maintain or cause to be carried or maintained shall be in such form, for such amounts, for
such periods of time, and with such insurers as Government may reasonably require or approve.
All policies or certificates issued by the respective insurers for public liability and all-risks
property insurance will name Government as an additional insured, provide that any losses shall
be payable notwithstanding any act or failure to act or negligence of Lessee or Government or
any other person, provide that no cancellation, reduction in amoW1t, or material change in
coverage thereof shall be effective until at least 30 days after receipt by Govenunent of Mitten
notice thereof, provide that the insurer shall have no right of subrogation against Government,
and be reasonably satisfactory to Govenunent in all other respects. In no circumstances will
Lessee be entitled to assign to any third party rights of action which Lessee may have against
Government.
16.5 Delivery of Policies. Lessee shall deliver or cause to be delivered
promptly to Government a certificate of insurance evidencing the insurance required by this lease
and shall also deliver no later than 30 days prior to the expiration of any such policy, a certificate
of insurance evidencing each renewal policy covering the same risks.
17. LABOR PROVISION.
17.1 Equal Opportunity. During the term of this lease Lessee agrees as fo llows:
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17.1.1 Lessee shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin. Lessee shall take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such action
shall include/but not be limited to the following: employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising, layoff or termination, rate of payor other forms of
compensation., selection for training, including apprenticeship. Lessee agrees to post in
conspicuous places available to employees and applicants for employment, notices to be
provided by Government setting forth the provisions of this nondiscrimination clause.
17.1.2 Lessee shall, in all solicitations or advertisements for employees
placed at the Premises by or on behalf of Lessee, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
17.1.3 Lessee shall send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding a notice to
be provided by Government, advising the labor union or worker's representative of Lessee's
commitments under this Equal Opportunity Clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
17.1.4 Lessee shall comply with all provisions of Executive Order 11246
of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
1 7.1,5 Lessee shall furnish all information and reports required by
Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of
October 13, 1967, and by the rules, regulations, and orders of the Secretary of Labor or pursuant
thereto, and will permit access to his books, records, and accounts by Goverrunent and the
Secretary of Labor for purposes of investigating to ascertain compliance with such rules,
regulations, and orders.
17.1.6 In the event of Lessee's noncompliance with the Equal Opportunity
Clause of this lease or with any of said rules, regulations, or orders, this lease may be canceled,
terminated, or suspended in whole or in part and Lessee may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 1 1246 of
September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
1 7.1 .7 Lessee will include the above provisions in every sublease unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive order 11246 or September 24,1965, as amended by Executive Order 11375 of
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October 13, 1967, so that such provisions will be binding upon each sublessee. Lessee will take
such action with respect to any sublessee as Government may direct as a means of enforcing such
provisions including sanctions for noncompliance; provided, however, that in the event Lessee
becomes involved in, or is threatened with, litigation with sublessee as a result of such direction
by Government, Lessee may request the United States to enter into such litigation to protect the
interests of tlie United States.
17.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330), This
lease, to the extent that it is a contract of a character specified in the Contract Work Hours
Standards Act (40 U.S.C. 327-330) and is not covered by the Walsh-Healy Public Contracts Act
(41 V.S.C. 35-45), is subject to the following provisions and exceptions of said Contract Work
Hours and Safety Standards Act and to all other provisions and exceptions of said law:
17.2.1 Lessee shall not require or permit any laborer or mechanic in any
workweek in which he is employed on any work under this lease to work in excess of 40 hours
in such workweek on work subject to the provisions of the Contract Work Hours and Safety
Standards Act unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times his basic rate of pay for all such hours worked in excess of 40 hours in such
workweek. The II basic rate of pay", as used in this clause, shall be the amO\.Ult paid per hour,
exclusive of Lessee's contribution or cost for fringe benefits and any cash payment made in lieu
of providing fringe benefits, or the basic hourly rate contained in the wage determination,
whichever is greater.
17.2.2 In the event of any violation of the provisions of paragraph 17.2.1,
Lessee shall be liable to any affected employee for any amounts due, and to the United States for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic employed in violation of the provisions of paragraph 17.2.1 in the sum of
$10.00 for each calendar day on which such employee was required or permitted to be employed
on such work in excess of the standard work week of 40 hours without payment of the overtime
wages required by paragraph 1 7.2.1.
17.3 Convict Labor. In connection with the performance of work required by this
lease, Lessee agrees not to employ any person undergoing a sentence of imprisonment at hard
labor.
18. SUB:MISSION OF NOTICES. Notices shall be sufficient under this lease if made in
writing and submitted in the case of Lessee to:
County Administrator
Attn: Mr. Jwnes L. Roberts
5100 College Road
Public Service Bldg.
Wing II, Stock Island
Key Wes~ Florida 30040
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and in case of the government to:
Commanding Officer
Southern Division, Naval Facilities Engineering Command
2155 Eagle Drive P.O. Box 190010
N. Charleston, SC 29419-9010
Copy to Local Government Representative at:
Naval Air Station
Attn: Public Works Department
P. O. Box 9001
Key West, Florida 33040-9001
The above-named individuals shall be the representatives of the parties and the point of contact
during the period of this lease. Such notice shall be deemed to have been given if delivered
personally, or deposited in the United States mail, postage prepared, certified mail, return receipt
requested and addressed as set forth above or to such other address as either party shall have
provided to the other by like notice.
19. STORAGE. Any Government property which must be removed to permit exercise of
the privilege granted by this lease shall be stored, relocated, or removed from the site at the sole
cost and expense of the Lessee.
20. AUDIT. This agreement shall be subject to audit by any and all cognizant
Government agencies. Lessee shall make available to such agencies for use in connection with
such audits all records which it maintains with respect to this lease and copies of all reports
required to be filed hereunder.
21. INTEREST. Notwithstanding any other provision of this lease, unless paid within 30
days, all amounts that become payable by Lessee to Government under this lease (net of any
applicable tax credit under the Internal Revenue Code) shall bear interest from the date due. The
rate of interest will be the Current Value of Funds Rate published by the Secretary of the
Treasury pursuant to 31 U.S.C 3717 (Debt Collection Act of 1982). Amounts shall be due upon
the earliest of (a) the date fixed pursuant to this lease, (b) the date of the first written demand for
payment, consistent with this lease, including demand consequent upon default termination, (c)
the date of transmittal by Goverrunent to Lessee of a proposed supplemental agreement to
confirm completed negotiations fixing the amount, or (d) if this lease provides for revision of
prices, the date of written notice to Lessee stating the amount of refund payable in connection
with a pricing proposal or in connection with a negotiated pricing agreement not confirmed by
lease supplement.
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22. AGREEMENT. This lease agreement shall not be modified unless in writing and
signed by both parties. No oral statements or representation made by, or for, on behalf of either
party shall be a part of this lease.
23. FAILURE TO INSIST ON COMPLIANCE. The failure of Govenunent to insist) in
anyone or more instances, upon perfonnance of any of the terms, covenants, or conditions of
this lease shall not be construed as a waiver or relinquishment of Govenunent's right to the future
performance of any such terms, covenants, or conditions and Lessee's obligations in respect of
such future performance shall continue in full force and effect.
24. DISPUTES.
24.1 Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 601-
613) (the Act), all disputes arising under or relating to this lease shall be resolved under this
clause and the provisions of the Act.
24.2 IIClaim", as used in this clause, means a written demand or written
assertion by the Lessee or the Goverrunent seeking, as a matter of right, the payment of money in
a sum certain, the adjustment or interpretation of lease terms, or other relief arising under or
relating to this lease. A claim arising tulder this lease, unlike a claim relating to this lease, is a
claim that can be resolved under a lease clause that provides for the relief sought by the Lessee.
However, a written demand or written assertion by the Lessee seeking the payment of money
exceeding $100,000 is not a claim under the Act until certified as required by subparagraph
24.3(b) below. The routine request for rental payment that is not in dispute is not a claim under
the Act. The request may be converted to a claim under the Act, by complying with the
submission and certification requirements of this clause) if it is disputed either as to liability or
amount or is not acted upon in a reasonable time.
24.3(a) A claim by the Lessee shall be made in writing and, unless otherwise
stated in this contract, submitted within 6 years after accrual of the claim to the Commanding
Officer, Southern Division, Naval Facilities Engineering Command, for a \\-TItten decision. A
claim by the Government against the Lessee shall be subject to a written decision by the
Commanding Officer, Southern Division, Naval Facilities Engineering Command.
(b) Lessee shall provide the following certification when submitting any
claim---
(l) exceeding $100,000; or
(2) Regardless of the amoWlt claimed, when using---
(a) Arbitration conducted pursuant to 5 D.S.C. 575-580; or
(b) Any other alternative mean of dispute resolution (ADR)
technique that the agency elects to handle in accordance
with the Administrative Dispute Resolution Act (ADRA).
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"I certify that the claim is made in good faith; that the supporting data are
accurate and complete to the best of my knowledge and belief; that the amount requested
accurately reflects the contract adjustment for which the Lessee believes the Government is
liable; and that I am duly authorized to certify the claim on behalf of the Lessee."
(c) The certification requirement does not apply to issues in controversy
that have not been submitted as all or part of a claim.
24.4 The certification may be executed by any person duly authorized'to bind the
Lessee with respect to the claim.
24.5 For Lessee claims of$100,000 or less, the Commanding Officer, Southern
Division, Naval Facilities Engineering COlnmand, must, if requested in writing by the Lessee,
render a decision within 60 days of the request. For Lessee-certified claims over $100,000, the
Commanding Officer, Southern Division, Naval Facilities Engineering Command, must, within
60 days decide the claim or notify the Lessee of the date by which the decision will be made.
24.6 The Conunanding Officer, Southern Division, Naval Facilities
Engineering Command decision shall be final unless the Lessee appeals or files a suit as
provided in the Act.
24.7 At the time a claim by the Lessee is submitted to the Conunanding
Officer, Southern Division, Naval Facilities Engineering Command, or a claim by the
Government is presented to the Lessee, the parties, by mutual consent, may agree to use
alternative means of dispute resolution. When using arbitration conducted pursuant to 5 V.S.C.
575-580 or when using any other ADR techniques that the agency elects to handle in accordance
with ADRA, any claim, regardless of amollilt, shall be accompanied by the certification
described in Paragraph 24.3(b) of this clause and executed in accordance with Paragraph 24.4 of
this clause.
24.8 The Govenunent shall pay interest on the amount found due and unpaid by
the Government from (1) the date the Commanding Officer, Southern Divisio~ Naval Facilities
Engineering Command received the claim (properly certified if required), or (2) the date payment
othenvise would be due, if that, date is later, until the date of payment. With regard to claims
having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from
the date that the Commanding Officer, Southern Division, Naval Facilities Engineering
Command initially receives the claim. Simple interest on claims shall be paid at the rate, fixed
by the Secretary of the Treasury, as provided in the Act, which is applicable to the period during
which the Commanding Officer, Southern Division, Naval Facilities Engineering Conlmand
receives the claim and then at the rate applicable for each 6 month period as fiXed by the
Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by
the Lessee will have interest and penalties as set out in the condition on RENT, if any.
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24.9 The Lessee shall proceed diligently with the performance of the lease,
pending final resolution of any request for relief, claim, appeal, or action arising under
the le.ase, and comply with any decision of the Conunanding Officer, Southern Division,
Naval Facilities Engineering Command.
25. COVENANT AGAINST CONTINGENT FEES. Lessee warrants that no person or
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 agencies maintained by Lessee for the purpose of
securing business. For breach or violation of this warranty, Government shall have the right to
annul this lease without liability or in its discretion to require Lessee to pay, in addition to the
rental or consideration, the full amount of such commission, percentage, brokerage, or contingent
fee.
26. pFFICIALS NOT TO BENEFIT. 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, but this provision shall not be construed to extend to this lease if made with a
corporation for its general benefit.
27. LIENS. Lessee shall promptly discharge or cause to be discharged valid lien, right in
rem, claim, or demand of any kind, except one in favor of Government, which at any time may
arise or exist with respect to the Premises or materials or equipment furnished therefor, or any
part thereof, and if the same shall not be promptly discharged by Lessee, or should Lessee or any
sublessee be declared bankrupt or make an assignment on behalf of creditors, or should the
leasehold estate be taken by execution, Government reserves the right to take inunediate
possession without any liability to Lessee or any sublessee. Lessee and any sublessee shall be
responsible for any costs incurred by Government in securing clear title to its property.
28. TAXES. Lessee shall pay to the proper authority, when and as the same becOlue due
and payable, all taxes, assessments, and similar charges which., at any time during the term of this
lease may be imposed upon Lessee with respect to the Premises. Title 10 United States Code,
Section 2667 (e) contains the consent of Congress to the Taxation of Lessee's interest in the
Premises, whether or not the Premises are in an area of exclusive Federal jurisdiction. Should
Congress consent to taxation of Government's interest in the property, this lease will be
renegotiated.
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29. SUBJECTION TO EXISTING AND FUTURE EASEMENTS AND RIGHTS-OF-
WAY. This lease is subject to all outstanding easements and rights-of-way for location of any
type of facility over, across, in, and upon the Premises, or any portion thereof, and to the right of
Govenunent to grant such additional easements and rights-of-way over, across, in and upon the
Premises as it shall determine to be in the public interest; provided that any such additional
easement or right-of-way shall be conditioned on the assumption by the grantee thereof of
liability to Lessee for such damages as Lessee shall suffer for property destroyed or property
rendered unusable on account of the granteels exercise of its rights thereunder. There is hereby
reserved to the holders of such easements and rights-of-way as are presently outstanding or
which may hereafter be granted, to any workers officially engaged in the construction,
installation, maintenance, operation, repair, or replacement of Premises located thereon, and to
any Federal, state, or local official engaged in the official inspection thereof, such reasonable
rights of ingress and egress over the Premises as shall be necessary for the performance of their
duties with regard to such Premises.
30. ADMINISTRATION. Except as otherwise provided for under the lease, the
Commander, Naval Facilities Engineering Command, shall have complete charge of the
administration of this lease, and shall exercise full supervision and general direction thereof
insofar as the interests of Government are affected.
31. SURRENDER. Should the Lease be terminated prior to conveyance of the Premises
to the Lessee, Lessee shall quietly and peacefully remove itself and its property from the
Premises and surrender the possession thereof to Government; provided, in the event
Government shall terminate this lease upon less than 30 days notice, Lessee shall be allowed a
reasonable period of time, as determined by the Government, but in no event to be less than 30
days from receipt of notice of termination, in which to remove all of its property from and
terminate its operations on the Premises. During such period prior to surrender, all obligations
assumed by Lessee under this lease shall remain in full force and effect; provided, however, that
if the Government representative shall in its sole discretion., determine that such action is
equitable under the circumstances, it may suspend, in whole or in part, any further accruals of
rent if any or maximum amount to be expended between the date of termination of the lease and
the date of final surrender of the Premises. Government may, in its discretion, declare any
property which has not been removed from the Premises upon termination provided for above, as
abandoned property upon an additional 90 days notice.
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. IN WITNESS WHEREOF t the parties hcreto have, on the respective dates s.:t forth
below duly exceuted this lease as of the day and year {U'~ above written.
WITNESS
THE UNITED STATES OF AMERICA
Real Estate Contracting Officer
Date:_..
COUNTY OF MONROE
KEY WEST. FLORIDA
By:
Title;
Date:
CONCURRENCE
COMMANDING OFFICER, NA VAL AIR
ST A TrONt KEY \VEST, FLORIDA
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Exhibit A
Exhibit B
Exhibit C
Exhibit D
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LIST OF EXfllBITS
Drawings showing leased premises
Personal Property Inventory
Joint Inspection Report
Environmental Baseline Survey and Finding. of Suitability
to Lease
22