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03/11/1998 License Vi 4OVNT�♦'' Jt .V[V%Nde.S.., ♦ Vt 110 /4 / • 33annp IL♦ 1 otIjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3860 MEMORANDUM TO: James Roberts County Administrator FROM: Ruth Ann Jantzen, Deputy Clerk AI • DATE: April 6, 1998 On March 11, 1998, the Board of County Commissioners granted conceptual approval of a license with the Department of the Navy for utilization of the Commissary Building in Key West. Enclosed please find a fully executed duplicate original of the above License Agreement for return to the Navy. If you have any questions regarding the above, please do not hesitate to contact this office. cc: County Attorney Finance Community Services Director, w/o document File Q J _UCEN'SE FOR NONFEDERAL USE OF REAL PROPERTY NAVFAC 11011T IS-751 (S11Pendn Navfbcke 22601 LICENSE NUMBER A THIS LICENSE TO USE THE US. GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED RY THE DEPARTMENT Of THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN SPECIFIED UPON THE TERMS AND CONDITIONS SET FORTH BELOW AND THE GENERAL PROVISIONS ON THE REVERSE SIDE HEREOF. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL SUCH TERMS,CONDITIONS AND GENERAL PROVISIONS N62467-98—RP-00104 I. NAVAL ACTIVITY(Pmpeey bummed b. OATES COVERED unchain) Naval Air Station . Key West, FL FROM 1 April 1998 io 31 March 1999 1 DESCRIPTION OF PROPERTY(Include mom and building number:where appropriate) - Navy Commissary, 1100 Simonton Street, Key West, FL as indicated on Exhibit "A" and "5", attached hereto and made a part hereof. 4. PURPOSE OF LICENSE For use as Administrative and Community Service Offices. S. LICENSOR SA LOCAL REPRESENTATIVE,DEPT.OF NAVY OFFICIAL (Title and address) Commanding Officer, Naval Air Station, UNITED STATES OFAMERICA Key West, Florida DEPARTMENT OFTHE NAVY 6. LICENSEE (Name and sedum) 6A LOCAL REPRESENTATIVE(Name and sedum) County of Monroe, 5100 College Road, James L. Roberts, County Administator Key West, Florida 33040 1. CASH PAYMENT BY LICENSEE IPtytble in tanned (If no cash payment is required.enter'Wone"under item ia'Amount") A AMOUNT(Each b. FREQUENCY A FIRST DUE DATE a. TOaide and address of load npresentedve of the Govemment) paymait) PAYMENTS DUE SEE ATTACHED I. DEPOSIT FOR UTILITIES AND SERVICES(Panibls ingn'a) (II no cash payment is required,enter"None"under nem 8a"Amount") A AMOUNT(Each 'b. FREQUENCY e. FIRST DUE DATE d. TO(Afdlbg address) 2 CO AO seep®+) PAYMENTS DUE ' CO Pan2 as r SEE ATTACHED mar M O �c< B. INSCFANCE REOWRE O AT EXPENSE OF LICENSEE On•CT cza 4 (I/any or all insurance requirements have teen waived,enler'None in Lb,e,ord as appmpriait TYPE MINIMUM AMOUNT TYPE —f t0UM110UbLT} a. FIRE AND EXTENDED • c. THIRD PARTY PERSONAL • :—IZ Art COVERAGE S SEE ATTACHED INJURY PER PERSON SFE-1 In CU I n . Y rat O xi b. THIRD PARTY d. THIRD PARTY PERSONAL cm O PROPERTY DAMAGE S INJURY PER ACCIDENT S 10. GENERAL PROVISIONS(See Reverse Side) The attached provisions contained in Paragraphs 3 — 31 shall also apply unless otherwise noted. Substitute the word "License" for "Lease: in all cases and substitute the word "Licensee" for "Lessee" in all cases. II. EXECUTION OF LICENSE FOR BY DATE NAME AND TITLE/Typed/ SIGNATURE DEPARTMENT OF THE E. R. NELSON,-*$R ' NAVY Director, R•:a y "- division / - 3/7 ec �4 ucEruEEol mry D �'1 1 // _ c �(Jack Lo3 ' u. .Or • ''' � _ , ( � • 'c If Licensee is a Corporation,Certification ofsignet:ahed APPROVED AS i0 FORM T: DANN7 l: KOLHAGE, amAN L S FFI C . a - BYC[r BY C K ]/t vd DATE '•-1-3L iQ GENERAL PROVISIONS a. The Licensor hereby grants to the Licensee the right to use the damage,the Licensee shall effect such repair,rebuilding or replacement premises or facilities described in item 3,together with the necessary if required so to do by the Licensor,and such excess of cost shall be rights of ing,en and egress, reimbursed to the Licensee by the Licensor. In the event the Licensee cc,Q{r mob.Thb�a+�R ,y.y(l' a period stated in item 2 and shall have effected any repair, rebuilding or replacement which the 4 revocable a�a�y wi t ti t the option arid discretion of Licensee is required to effect pursuant to this paragraph,the Licensor the Licenser I t a e senwive. shall direct payment to the Licensee of so much of the proceeds of any ied by the Licensee and made available to the Govern. C. The use shall be Unit ` • mention azoum of lass of or damage to ray item or pan of the CLL cr 3 d.This License dull be ni le able by the . premises or facilities as may be necessary to enable the Licensee to Licensee effect wch repair,rebuilding or replacement.In event the Licensee dull e. If utilities and services arc furnished the Licensee for its use of not have been required to effect such repair,rebuilding,or replacement, theremises the Licensee shall reimburse the Licensor for the cod and the insurance proceeds allocable to the loss or damage which has pereated the need for arch repair,rebuilding or replacement have been thereofaf asu determined by the Licensor N accordance with applicable paid to the Licensee, the Licensee shall promptly refund to the mtotes and regulations. Licensor the amount of such proceeds. f. The Licensee, at its own cost and expense,shall protect,main- tain,and keep in good order,the premises or facilities licensed hereby. I. The Licensee shall indemnify and save harmless the Government, At the discretion of the Licensor this obligation shall include,but not Its officers,agents,servants and employees from all liability under the be limited to, contribution toward the expense of long.term main- Federal Tort Claims Act(62 Stat.869,982;28 US C.Sec 2671,2680) tenance of the premises or facilities, the necessity for which accrued or otherwise,for death or injury to all persons,or loss or damage to the during the period of Licensee's use.The amount of expense to be borne property of all persons resulting from the use of the premises by the by the Licensee shall be determined by prorating the total expense of Licensee,and shall furnish the insurance specified in Item 9.Each policy the item of long-term maintenance on the basis of fractional use by the of insurance required in Item 9 covering bodily injuries and third party Licensee. This fractional part of the total expense shall be prorated property damage shall contain an endorsement reading substantially as further if the item of long-term maintenance did not accrue in its entirety follows: during the Licensee's use.Upon a determination by the Licensor that "The insurer waives any right of subrogation against the United the necessity exists for an expenditure of funds for maintenance.protec. States of America which might arise by reason of any payment made • Lion,preservation orrepair, the Licensee shall pay to the Licensor its under this policy" proportionate share,on demand. j. All insurance required by this License shall be in such form,for g. No additions to,or alterations of,the premises or facilities shall such periods of time, and with such insurers as the Licensor may re- be made without the prior consent of the Licensor.Upon revocation or quire or approve.A certificate of insurance or a certified copy of each surrender of this License, to the extent directed by the Licensor,the policy of insurance taken out hereunder shall be deposited with the Licensee shall remove all alte rations, additions, betterments and Licensors local representative prior to use of the premises andfacilities. improvements made,or installed,and restore the premises or facilities The Licensee agrees that not less than thirty (30) days prior to the to the same,or as good condition as existed on the date of entry under expiration of any insurance required by this License, it will deliver to this License,reasonable wear and tear excepted. the Licensors local representative a certificate of insurance or a certi- h.The Licensee shall be liable for any loss of, or damage to,the fled copy of each renewal policy to cover the same risks. premises or facilities incurred as a result of its use and shall make such b.No member of or Delegate to Congress, or Resident Commis- restoratbn or repair,or monetary compensation as may be directed by honer shall be admitted to any share or part of this License or to any the Licensor.The Licensee's liability for loss or damage to the premises benefit that may arise therefrom;but this provision shall not be con- resulting from risks expressly required to be insured hereunder.shall not awed to extend to this License if made with a corporation for its general exceed the amount of insurance so required.The Licensee shall not be benefit. liable for loss of,or damage to,the premises arising from causes beyond L The Licenses warrants that It has not employed any person to the control of the Licensee and occasioned by a risk not in fat covered solicit or secure this License upon any agreement for a commission, by insurance and not customarily covered by insurance in the locality percentage,brokerage or contingent fee.Breach of this warranty shall In which the premises are situated.Nothing contained herein,however, give the Government the right to annul this License or in its discretion shall relieve the licensee of liability with respect to any loss or damage to recover from the Licensee the amount of such commission,percent. to the premises,not fully compensated for by insurance,which results age,brokerage or contingent fee in addition to the consideration herein from willful misconduct,lack of good faith,or failure to exercise due set forth.This warranty shall not apply to commissions payable by the diligence, on the pan of the Licensee. All insurance required of the Licensee upon contracts or sales secured or made through bona fide Licensee on the premises shall be for the protection of the Licensor and established commercial or selling agencies maintained by the Licensee the licensee against their respective risks and liabilities in connection for the purpose of securing business. with the premises. Each policy of insurance against loss or damage to in. In connection with the performance of wqrk underlhis License, Governmentm propertyDepartment shall name the asLicenseeinsuredu the United States of the Licensee agrees not to discriminate against any employee or appli- Amerca, elm«reading in the Navy, the and shall contain a cant for employment because of race,religion,lo"Lotdense reedinghi substantially asfollows:du notobormFedato,the "Loa, if and, under this policy, shall be ionuoed the G (Name t, The aforesaidm provision shall in,demotion,ude, but not be limited m, the Licensee)llbeand payable t pNaees, at cen Licensee),e a r s notmmen o rec ing: ere advertisi, ;layoing, n;r a(of ray oitother shall ee Linto(Name of tothe and proceeds not paid to or ms offlcompt nsation;and l selection ioo termination;n rates n pay r ntice- _ (Name of Licensee)shall be payable to Treasurer of the United shims compensation; x hat for training,including lacesman State of America." ship.The Licensee agrees to post hereafter in conspicuous places avail- In the event that any item or part of the premises or facilities shall able for employees and applicants for employment,notices to be pro- require repair,rebuilding or replacement resulting from loss or damage, riled by the licensor setting forth the provisions of the nundiscrunina the risk of which is assumed under this paragraph h,the Licensee shall Icon clause.The licensee further agrees to insert the foregoing provision promptly give notice thereof to the Licensor and,to the extent of its mall subcontracts hereunder, except subcontracts far standard cow liability as provided in this paragraph,shall,upon demand,either core conical supplies or raw materials. pensate the Government for such loss or damage,or rebuild,replace or n. All activities authorized hereunder shall be subject to such rules repair the item or items of the premises or facilities so lost or damaged, and regulations as regards supervision or otherwise,as may,from time as the Licensor may elect. If the cost of such repair, rebuilding,or to time,be prescribed by the local representative of the Licensor as replacement exceeds the liability of the Licensee for inch Ion or designated in Item 5a. IIAVFAC 11011/L81E15) /Back) ar q L • kia 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. 3.2 Lessee shall keep adequate records and books of account 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 na 40hm/repair, protection and maintenance services described in paragraph 12 to�g d mises as in-kind consideration for rent or capital improvements as described it ee 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 Government with access to such 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 Local Redevelopment Authority (LRA) on 16 September 1997 and authenticated on 9 October 1997. 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. 3 0 ri t. 5. ASSIGNMENT OR SUBLETTING. 5.1 Lessee is authorized to sublease property included in a lease without obtaining Navy approval of the sublease,provided the sublease incorporates the terms of the lease (except for rental terms which may be different in amount or expressed differently) and does not include any provisions that are inconsistent with the lease. A copy of the sublease must be provided to the Navy._In the event that the terms and conditions of the proposed sublease do not comply with or are s Lease, then prior Government approval is required. Any proposed sublease3r h nn 1 s ie use of hazardous or toxic materials, including those of an explosive, flammable or pyrotec c nature, as provided in 10 U.S.C. 2692, shall require prior Government approval. Such consent shall not be unreasonably withheld or delayed. Each sublease shall contain the environmental protection provisions set forth in Paragraph 13 herein. Under no circumstances shall Lessee assign this Lease. 5.2 e ranted by Lessee shall contain a copy of this lease as an attachment and be subj o and conditions of this lease and shall terminate immediately upon the e artier termination of the lease, without any liability on the part of Government 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. 5.3 it exec ' a copy of the sublease shall immediately be furnished to Government. Shout c tween the provisions of this Lease and a provision of the sublease, the provis hall take precedence. Any sublease shall not be taken or construed to diminish or enlarge any of the rights or obligations of either of the parties under this Lease. SPECTION REPORT. A joint inspection has been conducted by rep TB o ee and Government of the Premises, including all personal property and a corn entory 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 sig °th parties to the lease. The Joint Inspection Report is attached-to the lease as �l lated personal property in a building, unless specifically exempted b ditions 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 and/or 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 ,.year and tear and acts of God excepted; provided, nevertheless. Lessee may at its expense and 4 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 Environmental Baseline Survey (EBS) and.Finding of Suitability to Lease(FOSL) are attached as Exhibit"D" and made a part of this lease. The EBS sets forth the existing environmental the represented the s orlith survey whiment'has been conducted bythe the FOSL sets forth the basis for the Government's determination tha i s 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 of the Government. Upon termination of the lease other than by transfer of Premises to Lessee or by revocation or surrender of any sublease, to the extentdirected 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; or 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, Government 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 connection 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 understood 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(EPA), State of Florida or their contractor. 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,EPA, State of Florida, or their contractors. Cleanup, restoration, or testing activities for environmental purposes by these parties shall take priority over Lessee's use of the Premises 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. Government 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 & Repair. 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 6 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 Systems. Unless otherwise determined jointly between the Government 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. 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/or 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 underground 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 storm sewer system components including 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 undesirable 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 7 Q 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 environmental 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, 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 Governments 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 (NFL) Site under the Comprehensive Environmental Response 8 V J Compensation and Liability Act(CERCLA) of 1980, as amended, and as such is not subject to • any Inter-Agency Agreement(IAG). 13.6 The Government, EPA, and the Florida Department of Environmental 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 enumerated 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 submitted to the EPA or FDEP by the Government relating to such conditions. 13.6.4 To construct, operate, maintain, or undertake any other response or remedial action as required or necessaryunder 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 EPA 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 financial 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 permit its sublessees to conduct, any subsurface excavation,digging,drilling or other disturbance of the surface without the prior written approval of the Government. 13.9 The Lessee shall strictly comply with the hazardous waste permit requirements under the Resource Conservation and Recovery Act(RCRA) 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. 9 • 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 Government-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 environment without the prior written consent of the Government. 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 Contracting Officer. Except as such written approval shall expressly provide otherwise, all such approved alterations,additions,modifications, improvements, and installations shall become Government 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 IRE 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 sublessees, assignees, licensees, or invitees shall have no claim on account of such entries against the Government 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 of this lease. Nothing herein shall obligate the Government to compensate L-essee-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 U.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, 10 gauges, and illuminators;tritium in illuminators and exit signs; thorium in optical lenses or welding consumables; 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 Government. 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 (I0)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. 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 Government 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 I1 V 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 Premises is vacated. Government's exercise of the right herein to order the property immediately vacated does not alone constitute a tanmination of the lease,but such right may be exercised in conjunction with any other termination rights provided in this lease or by law. Monroe County will address all Asbestos-containing material(AMC)abatement during building renovations. 15. INDEMNIFICATION BY LESSEE. Lessee shall indemnify,defend,and save Govenunent harmless and shall pay all costs,expenses,and reasonable attomey's fees for all trial and appellate levels and post judgement proceedings in connection with any fines,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 incurred by Government by reason of any breach, violation,omission,or non-performance of any tenn,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 not 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. INSURANCF. 12 16.1 All Risk. Lessee shall in any event and without prejudice to any other rights of Government 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 Lessees 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 amount at all times equal to at least 100 percent of the full cost to remove debris from the Premises and clear the Premises . 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 any one accident, and not less than $1,000,000 for 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 Lessees Contractor's and Sublessees 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 general liability insurance, including, but not limited to, contractor's liability coverage and contractual liability coverage, of not less than S1.000.000 with respect to personal injury or death, and $1.000.000 with respect to property damage. 13 r V • 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 amount, or material change in coverage thereof shall be effective until at least 30 days after receipt by Government of written notice thereof, provide that the insurer shall have no right of subrogation against Government, and be reasonably satisfactory to Government 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 follows: 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 pay or 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.L3 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. 14 L+ V 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. - - 17.1.5 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 Government 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 11246 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. 17.1.7 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 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 the 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 U.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 "basic rate of pay", as used in this clause, shall be the amount paid per hour, exclusive of Lessee's contribution or cost for fringe benefits and any cash payment made in lieu 15 V of 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 17.2.1. 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. SUBMISSION OF NOTICES. Notices shall be sufficient under this lease if made in writing and submitted in thecase of Lessee to: Monroe County Administrator Attn: Mr. James L. Roberts • 5100 College Road Room 212, Wing II, PSB Key West, Florida 30040 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 tease. 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. 16 V ri 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.0 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 Government 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. 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 Government to insist, in any one or more instances,upon performance of any of the terms,covenants, or conditions of this lease shall not be construed as a waiver or relinquishment of Government'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 "Claim', as used in this clause, means a written demand or written assertion by the Lessee or the Government 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 under 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. 17 • • • ri 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 written 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--- . (1) exceeding $100,000; or (2) Regardless of the amount claimed,when using--- (a) Arbitration conducted pursuant to 5 U.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). "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 Command,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 Commanding Officer, Southern Division,Naval Facilities Engineering Command decision shall be final unless the Lessee appeals or files a suit as provided in the Act. 18 4 24.7 At the time a claim by the Lessee is submitted to the Commanding 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 U.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 amount,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 Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the Commanding Officer, Southern Division,Naval Facilities Engineering Command received the claim(properly certified if required), or(2) the date payment otherwise 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 Command. 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. 24.9 The Lessee shall proceed diligently with the performance of the lease, pending fmal resolution of any request for relief, claim, appeal, or action arising under the lease, and comply with any decision of the Commanding 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. OFFICIALS 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 19 � V 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 immediate 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 become 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. 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 Government 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 grantee's 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. ADMINIS(RATION. 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 20 4 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. 21 U l''?ED STATLC CF 4ICL, Petitioner, 1.32 Acres of Lanz, more or less, in Eey West. Monroe County, Florida, Cato Real UIIiD: I:3 TC FETITICF. FtR Estate & Improveaent Company, CCNJ=L T:Cli. et al., Defendants. Comes nor the United States of America, petitioner, by its undersigned attorney, and shows unto this Honorable Court that heretofore a petition for ocndemnatiun was filed and an Crder of Possession was granted and that the description set forth in Paragraph 4 of said petition was incorrectly described. HQT, Munn, this Petitioner does.amend Paragraph 4 by striking from said paragraph the description set forth therein and sbstitutimg in lieu thereof the following: 8eginuImg at the point of intersection of the Southerly property line of Virginia Street and the Westerly property line of Simonton Street; thence southerly a distance of 272 feet 3 inches along said westerly line of Simonton Street to a point; thenoe westerly a distance of 243 feet 14 inches to a point; thane* northerly 269 feet 31 inches to a point an the southerly property line of said Virginia street, said point being 241 foot 3 lathes westerly along the southerly property line of Virginia Street from the point of beginning; thence Easterly with said property line of Virginia Street 241 feet 3 inches to the point of beginning, containing 1.52 acres, more or less. iiMZFCAE, Petitioner re speotfully prays thatthis steadr�t :a the Petition for Condemnation be entered nano pro tuna as of the data of the entry of the Judgrent on the Declaration cf Tacing, aciber 10, 1942. UNIT= S.ATZS CF .1,.Zi ICA,Petitioner By S. _t 4 - /)a..u- Stuart 77. Patton,Speoiel Attorney Department of Justice V sic 397 PAU 423 FILED For• reconn 153346 WARRANTY DEED 1957 SEP I PM 2: II - :.12L R.:WIC:S.CIL ei.C f THIS DEED, Made the llith day of ISemtembfrI'i.fu,rao.A. D. 196j, by MARIA TERESA ROFSiRO, a widow, of the County of Monroe, State of Florida, hereinafter called the grantor, to the UNITE➢ STATES OF ,WERICA,. f` t hereinafter called the grantee. l is/ aw' WITNCSSEtt, That the said grantor, in consideration of SEVEN THOUSAND AND 110/100 (Sp17,000.00) I LL1R5, the recciot whereof is here , acknowledged, does give, grant, bargain, sell, alien, remise release, enfeeff, convey end confirm unto the said grantee and its successore ^.nd '"11 ''' ' ': assigns in fee simple, the lands situate in Monroe County, State of 1Rarid-. i .. ( � ` -� , described as follows: -i i r . --...., ... PARCEL "A". , , All that certain tract or parcel of in the City of k Key West, Monroebeing County, Florida and beingng a a part of tract eleven (11.) according to A. f1 D's map of said island, but better described as a. part off lot lot numbered one (1) of : :! "J square five (5) of said tract eleven (11), according to C. U. TIFT'a map or plan of the Island of Key Hest'delineated July I r.:. '. 1874. The land hereby described is shown on NO nuc .3-1;05 � . Y�""`•' b. and is more particularly described as follows: j(I�b Commencing at a point which is the northwest corner of the right-of-way of the interoection of Catherine. and Simonton Street 1 thence in a southwesterly direction along the line of Catherine 111 .-"�-I11 ' Street a distance of one hundred (100) feet to a point which is _ the paint of beginning; thence southwesterly along the line of. . Catherine Catherine Street ninety-four (94) feet, two (2) inches to a ""p;;;;' point; thence at right angles in a northwesterly direction C^'—� L, . ninety-four (94) feet, five (5) inches to a point on the 4C _.3 ! property line of the U. S. Government established by condemnation Of!, I , pCourttforgtheSou hern Disttrricl` f Flor da,l csame beingDCaseict '-'m" 18Kw Civil filed on 13 July 1942: Notice of Lis Pendens filed ' 1 in Lis Pendens Hoof: Number 3, Page 237, (District Court of the Q _ United. States for the Southern District of Florida); thence '1" s I I at right angles in a northeasterly directianntnety-four (94) 1 ;�i' , feet, two (2) inches along the property line of the U. S. �T;'^•�`. Government to a point; thence at right angles in a south- easterly direction ninety-four (94) feet, five (5) inches to a •n QQ'7I ' point, said point being the point of beginning and containin:; �5'S^ —. 9qqq 0.20 acne, more or less. �•K'aQtP AND PARCEL '3' 4", AL hat ccr:a_n tract or _ of Land a the C t ' e. I�� - st fonroc County, ' i. and 's s of lot PPPP jt{'!!rjOQ;• (. ) in q ,c (`) of tract eleven ) a rdin 11 C. .1. -LT s as or Plan of Island s S a 1\ The landebyd bc•i is shown on _'.;o G'.L S--, . 5Q5.Q 3' and Is nor• ,a:irilarl; described as (jLlows: V • AEC 397 PACE 424 • Commencing at a point which is the northwest corner the right-of-way of the intersection of Catherine and Simonton Streets thence in southwesterly direction along the line of ,. • - Catherine Street a diatance of one hundred ninety-four (191r) • feet, two (2) inches to a point which is the point of beginning; thence southwesterly along the line of Catherine Street furry- seven (47) feet, one (1) inch to a point: thence at right angles in a northwesterly direction ninety-four (94) feet, five (5) inches to a point on the property line or the U. S. Government established by condemnation proceedings institutes by the U. S. of America in the District Court for the Souther., • District of Florida, some being, Case IC ICi! Civil filed on 13 duly 1942; Notice of Lis Pendens filed in LIS Pcndens Book Number 3, Page 2U7, (District Court of the United States for the Southern District of Florida ); thence at right angles in a northeasterly direction forty-seven (47) feet, one (1) inch along the property line of the U. S. Government to a point; thence at right angles in a southeasterly directior ninety-four (94) feet, five (5) inches to a point, said point being the point of beginning and containing 0.10 acre, more • or less." Together with all riparian and littoral rights thereunto appertaining. This land is being accuircd at the request of the Department of the Navy. TO HAVE Aim '10 HOLD the same together with the hereditament.: and appurtenances, unto the said grantee, end its successors and assigns in fee simple. AU➢ the said grantor, for herself and her heirs and legal represen- tatives, covenant with said grantee, it's legel representatives and assigns: That said grantor is indefeasibly seized of said land in fee simple: that said grantor has full power and lawful right to convey-said lendn in fee simple, as aforesaid; that it shall be lawful for said grantee, ihz legal representatives and assigns at all ti:.ms peaceehl: and quietly to enter vr . 1. hold, occupy and enjoy said land: that said lard __ free from all e..cv..- trancees; that said grantor, her heirs -end legal representatives, will beS such further assurances to perfect the fee simple title to said land in said grantor, it's le_c.a_ representatives and ensigns, as :.cry .--- _czc required; and that said grantor does 'ter , fliby '..arrant the ti tl.c said Land, and 'sill iclend hie Sean '.,mast 1L,. -'.:fai clews ea '1'. • • REC 397 PAGE 4 - WITNESS the hand and seal of said grantor the day and year first above written. Signed, Sealed and Delivered �1/fC1, .z OCiE:(1��-j9ftW.S.) in the Presence of: MARIA TERESA RO RO Cy'f L.w,_ S2 (GCCn STAT.c•. OF FLORIDA ) cowry or MONROE ) I HEREBY CERTIFY, That this day in the next above named State and • County before me an officer duly authorized and acting, personally appeared MARIA TERFSA ROMERO, a widow, to me well known and known to me to be the Individual described in and who executed the foregoing deed, and sh,, aciutowle_dged then and there before me that she executed said deed. WITNESS my hand and official zeal at Key West, Florida this lhth day of September , A. D. 1967. 153316 ary tb11e foyState of Fle.;at Large ly/cam' saipn axplres:7h 3/69 payyala CVIcS PpcPe Moos moms L costive, ADAMSs GSM OF ORCUIT COURT =a m IMPLCIED 3 t 0 W 3 ry :IQ.: F IL U ci % y V V m�sd Z CL I 7.SC)0 ' \% \ \ Z az v zO i cd t-- N NV300 0/1Nd71P Exlk, ;-F-- '�