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LEASE FOR REAL PROPERTY # TC-97-I-5215 I I \ STANDARD FORM 2 February 1965 Edition General Services Administration FPR (41 CFR) 1-16.601 Date of Lease OCT 1 0 1996 u. S. GOVERNHENT LEASE FOR REAL PROPERTY Lease No. .",". TC-97-1-5215 THIS LEASE, made and entered into this date by and between city of Clearwater, Marina whose address is: 25 Causeway Boulevard Lessor Rep.: William Held Clearwater, Florida 34630 Telephone:'S13-462-6954 and whose interest in the property hereinafter described is that of Agent hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: Government Rep.: Christie williams WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The lessor hereby leases to the government the following described premises: Three boat slips in the Clearwater Municipal Marina located at 25 Causeway Boulevard, Clearwater, Florida to be used for boat dockage. to be used for the u.s. Customs Service. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on \ October 1, 1996 to termination and renewal Subject to availability of through September 30. 1997 rights as may be hereinafter set forth. FY 1997 funds. , subj ect 3. The Government shall pay the Lessor annual rent of $ 7,200.00 at the rate of $ 600 per month in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: City of Clearwater Marine Department, 25 Causeway Boulevard, Clearwater, Florida 34630 4. The Government may terminate this lease at any time by g1v1ng at least 30 days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease may be renewed at the option of the GOVERNMENT, for the following terms and at the following rentals: The Government is granted the option to extend the term of this lease year-to-year upon these same terms and conditions and the same rental rate as the previous period plus a price adjustment based on the Consumer Price Index for the Tampa, Florida area, for up to a total of 5 years but not beyond September 3D, 2001. provided notice be given in writing to the Lessor at least 30 days before the end of the original lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed oC':~With the day after the date of mailing. /q,~o ~(? -O! (I) I I 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: (a) The Government shall have direct access to the premises at all times. (b) Shore water and power are included in the rent. (c) Use of marina parking lot is included. (d) If Government action interferes with any previously install equipment, prompt corrective action will be taken by the Government. 7. The following are attached and made a part thereof: (a) General Clauses (GSA Form 35170) (REV 08/95) (b) Representations and certifications (GSA Form No. 35180) (REV 08/95) 8. The following changes were made in this lease prior to its execution: The U.S. Customs Service shall be substituted for all references made to the General Services Administration (GSA) in GSA Forms 3517 and 3518 (Rev. 08/95). 9. The following are included in the terms of this lease: (a) Payment shall be processed by the Government in accordance with the Federal Acquisition Regulation Clause 552.232-71 - Prompt Payment (APR 1989) (b) Automatic payments will be made by the Accounting Services Division upon execution of this lease agreement in accordance with the terms expressed in paragraph 3 of the lease. (cl All questions pertaining to payment under this contract must include: (1) Name of business; (2) Lease number; (4) Description, price of actual service rendered; (6) Name, title, phone number and complete mailing address of responsible official to whom payment is to be sent (same as paragraph 3). Send questions to: U.S. Customs Service, Accounting Services Division, Chief, Commercial Accounts, P.O. Box 68908, Indianapolis, Indiana 46268. Telephone number: (317) 298-1200 ext. 1486. (d) As provided in the Federal Tort Claims Act (28 USC 2671 et seq), The Government is responsible for damage caused by a negligent or wrongful act or omission on the part of any Federal employee acting within the scope of employment. (e) All questions pertaining to this lease shall be referred to the Contracting Officer, National Logistics Center, U.S. Customs service, or his designee. The Government occupant is not authorized to administer this lease and the U.S. Customs Service assumes no responsibility for any costs incurred by the Lessor except as provided by the terms of the lease or authorized in writing by the Contracting Officer, Fixed Assets Services Group or his designee. The Lessor will not be reimbursed for any services not provided for in this lease including, but not limited to, repairs, alterations, or overtime services, nor will any rental be paid for occupancy in whole or in part except for the lease terms specified herein. INITIALS: tier ~ and GOVERNMENT LESSOR I I 10. MXSCELLMmOtJS COVENANTS. The Government shall observe and comply with any and all requirements of the constituted public authorities and will all federal, state, or local statutes, ordinances, regulations and standard rules applicable to the Government or its use o! the leased premises. 11 . :INSURANCE COVERAGE. a. The Lessor shall be responsible for all insurance coverage and taxes which pertain to this leased facility. At all times during the term of this lease, and of any renewal or extensions thereof, Lessor shall provide and keep in force insurance coverage on the leased premises at its own cost and expense. Proof of insurance coverage will be provided upon request from the Contracting Officer. b. The Government, in the absence of statutory authority to purchase insurance to cover loss or damage to Government property or for the liability of Government employees, is self insured and is responsible for any negligent actions of its employees under the provisions of the Federal Tort Claims Act, 28 U.S.C. 2671 et seq.. 12. rNDEMNIrICATION. The Government shall indemnify and save harmless the Lessor for and against all claims for compensatory money damages for injury or loss of property, or for personal injury or death, caused by the negligent or wrongful act or omission of any employee of the Government while __ac_ti...'J.g within the scope of his office or employment under circumstances where the Government, if a private person, would be liable in accordance with the law of the place where the act or omission occurred. The foregoing indemnify shall not extend to claims based upon acts or omissions of the Government's employees for which the Government would not be liable under the Federal Tort Claims Act of 1945 (28 U.S.C. 2671, et seq., as now or hereafter amended. The Lessor shall furnish the Government with reasonable notice of any claims made against Lessor. It is understood that in the event the Government has to pay for losses under this paragraph, such payment will not entail expenditures which exceed appropriations available at the time of the losses. Nothing in this lease shall be considered as implying that Congress will, at a later date, appropriate funds sufficient to meet deficiencies. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. In Lessor By: Signature CfTYOFCLEARWATE~ ~,~^-. · ~..\ HARE-:V)A M/\ST:;~~~'"; ",,- UNITED ST~ES~I~ U.S. Customs Service, National Logistics Center, ~.. ..~ ~~x 68906, 6026 Lakeside Blvd., Indianapolis, Johq R. Dickerson Contracting Officer Signature Official Title IN 46268 STANDARD FORM 2 February 1965 Edition U.S. GPO: 1989-250-536/00286 (' '......~.. ~, , ..,.., ,. ' '...:.:-- (-. ". I -...;-"." GENERAL CLAUSES (Simplified Acquisition of Leasehold Interests In Real Property For Leases Up to $10,000 Annual Rent) '~::' - 1. The Government reserves the right, at any time after the lease. is signed and during the teon of the lease, to inspect the leased premises and all other areas of the building access to which is necessary to ensure a safe and healthy worK environment for the Government tenants and the Lessor's compliance with the provisions of this lease. 2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as deteonined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due. 3. The Lessor shall maintain the demised premises, including the building and all equipment, fixtures, and appurtenances fumish.ed by the Lessor under this lease, in good repair and tenantable condition.' . 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. 5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request the Contracting Officer will make their full text available. 6. The following clauses and provisions are incorporated by reference: , " '., \ \ ','\ \ ',q GSAR 552-203-5 FAR 52.232-23 GSAR 552.232-71 FAR 52.233-1 COVENANT AGAINST CONTINGENT FEES (FEB 1990) ASSIGNMENT OF CLAIMS (JAN 1986) PROMPT PAYMENT (APR 1989) DISPUTES (DEC 1991) .' The information collection requirements contained in this solicitation/contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the PaperworK Reduction Act and assigned the OMS Control No. 3090-0163. . v."r <~ . INITIALS: Wf(} & LESSOR GOVERNMEN I GSA FORM 3517D (REV 8/95) I ~_~~II' C,,~..t , . ',' R~P~~E~TAiIONS AND GERTIF1CATIONl;empOfllf)' end Small A~ulsltlons. af LS:1lsehold lnterellls in Re!ll ProPerty for L~l!I~QS Up to $10,000 Annual, Rent) S.lio;l;~.~~~~~':5 --~ _ = _ _~ Com~e'e a~rm:)prlate bOXG$.. sign the form, and attach to offer. T'h~ Offdror mekoz ih& toJJowing R~pres...:;tQllon!; ~!ld CB>-'1Ffical1ons. NOTE?: 'nle .Otre~or,. as used on fhils form, l$ thr! cwner ;( lhl;l propsrly offereg, not en individual or ~e/lt f'$presa/'!/Jng lJIe owner,. . . ....' 1. SMALL BUSINESS REPRESENTATION (AU(318S5) (a) It t 1 is, t~s not a small busine5$. "imaH" mnntl III (I0n~ern Olnd .!tlt iffilietes that is Independently owned, is not domm!ll1~ In thlb field elf operation, and ha$ annual average sross receipts of $15 million or less for the precedl/'lS three fj$<'\~l y~er~, ' (b) It { :1', r+rr: not 'i !>milt dls:adVt~~ee bv~IMS$. (Se'e 48 CFIit 52,11S-2 fQr oeiinftlon:!. 1 (0) It t )1$, r a.r(s not a women-owned tlI'r\81l tll.:sine~s_ (Sn 4B CFR 62,21~ fo~ definit";lnB,) \~\\ \. ' \}\ ~ 2. 52.2G4~:3 TMPAY~R lPE.Nill=lC:AT!I=H~ (SEP 19a5) (VARIATION) ('llI) The Qr.'en~r Ii rliqlJl~d t~ s;U!;,mlt ts~ayar ldentinr;;atlCln inrormatlQr. Irs orde=r to cornpl~ with reJlort;ng t~l.1lrlim'l"\ts of 26 U.S.C, 6041 6041A, arld e050M and 1m~lemciltlrtS fe9\Jli:lilons le~ued by the lr.ternal ROVQ/'IIJIf t'eMeo (liltS). Faallr~ or refu!::a' by ihe Otferl:lr to furniltl the mfQrm~tlOn may' fOlSIJlt (1'1 G. 20 ;erQent ~4uctlClrt at paymftnt~ Cltherwilill due iJndllr Ule contract Taxpayer Iilfcmnation 01\ the plilyee. If differltnt from thQ effaror, is al:!:CI reqtJir~~ however, it mfty be prOVIded at the time of award. (b) Offeror~ T~p:aY4r IdenUflestlQn Number (TIN). f 1 TfN: , _. ".~. ._' [) TIN na:s bel!li applied fQr, t J TIN is Clot required. (c) corporate Status. (~or?o(atiot1; [1 Net a corporate entity; {] Sole pro~(:etQr5nlp [] F'artrtershlp (d) Cemmol'l p:arant, "common parentI:' as us.ed in thl~ $oli~tlaliQn pfQv:$ion, rne:i:ll'l$ tl'\et corporate in~ity tn:1t owns or CQntrols an aftll1llted Qrt:lLlp' of eotporetions that files tts Federal lnCQme tal< returns 01'1 $ ~ol'l!clid!lt8d basts, and or 'M'lleh the Offliircr 1/5 :Q m~m}:ljH, [ }9ff~ror ls not ownad Qr eontrolled l)ya comI1l9.!2.9:arent . -' ......" l"fNamQ :lr',d TIN or ecmmon pafllnt: N.ame ~oF ~...,.,~ P<tYI;I!!'S TaxpaY!':lldantificatiQn NUiTlbs(. TIN (@) [ ] TIN: . [J TIN nillS been applied for. t J TIN Is not required. 8. OFF~ROR'S DUNS NUMBER (AUG 1';1;15) (ent~r oumber, if known): ~ . Namli'! lane Acldres3 (IncludIng ZIP Code) I CtTYOl='CLEAAWATEA MAR:NA HARBOR MASTeRS OFFICE 25 CAUSEWAY BLVD. CLEARWATER. f'L. 34830 OFFEROR OR AUTHORIZl:O REPRESENT A TIVl; ~;~)~~;b:thf 5 'I t' A- ,x ('313)tf ~2-~ 1'51 Signature Date ... .---................ -. .' ~., :wor.. k L~UOR GOvt~NME.N: INITl..:..Ls: GSA FO~M j,S~~O PAGi 1 (REV E."i06 ~' ..1'" .' ... . - ,. I . ,;,u I S't ^ H OF FlOIUOA OErARtM(Nt or nEVB-lvt CONSUM~n's CERtltlCA H or EXEMrTlON hlued """uant to hl'l~ :Uld VJI.' 13. ~1I'W Ch~pll:' ~ 11. rlotid~ SI~lul~\ ' Thi, C:erUU(ilh Is NOli' TransfClable IS Hit D^H EX/'IMTlON DAlE CERllfl<:Atl NUMotn =1 01/23/92 07/23/97 62j02~134659-5~~ ctTY This It to urlily-Ih~t Ih@ o.gllt,lution l"dl~al\!d bellow h her,!"y \!lU!rn!'t II om th, paynU~rlt of S;lu Dr Ule T 11M on t};~ PUlthHI: 01 lu n of 131'191bl, p"tQnal pfOPI!"~. t"e lu,e 01 h~r\shlnt tllr\llIl ac:(()tllmodGllot'll 0' "al properly. M~IIir\9 Add,ut: loc;tlon AddftHI: 63895 ~ o. u lyrE OF OI1GANllAtlON ~ J CITY OF CLEARWATER POBOX 47',8 CLeAJ\HATel\ I 112 SUUTH OSCEolA AVENue CLEARWATER fl 3~61b-OOO FL,33610-/,.1,.8 . L .J .).\~ t1~ SEE REVERSE SIDE FOR IMPOtlTANT INFORMATION. tMCUTlVE DIRECTOR J. THOMAS HERNDON 1', ~ : r , , ,