EXECUTED COPY LEASE # DOT-CG7-5012
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' DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
Address reply to:
COMMANDER (fcp)
Seventh Coast GuarcfOistrict
Room 1018, Federal Building
51 SW. 1st Avenue
Miami, Fla. 33130
.1l all
26 July 1973
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33SlS
Gentlemen:
One executed copy of lease DOT-CG7-S0l2 for moorings at Island Estates
Marina Station of the Clearwater Municipal ~~rina is enclosed.
Your cooperation is most appreciated.
Sincerely,
'v
. CAMERON
Contracting Officer
Encl: (l) lease DOT-CG7-S0l2
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STANDARD FOflM 2
FEBRUARY 1%5 EOIl 10/1 ,
GENERAL 3ERVIC<S
ADMINIS,RA TiON
FPR (41 CFR) 1-16.&.,
OA 'fE OF LEASE
u.s. GOVERNMENT
LIASIZ FO~ ~tAL PROPERTY
I LLASE NO,
i
DOT-CG7-5 0 1 2
2 5 JUNE 19'7:5
lHIS LEASE, made anclell!er~djnt(l Ihis date by and between City of Clearwater, a municipal
Corporation of Florida
wh05e address is Clearwater Marina, 55 Causeway Blvd.'
Clearwater, Florida 33515
and whose interest in the property hereinafter described is that of owner
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
VnfNESSEJ:H: The partie~ hereto for the considerations hereInafter mentioned, covenant and agree as follows:
1. Th~ Lessor hereby leases to the Government the following described premises:
West bulkhead moorings at Island Estates Marina Station of the Clearwater
Municipal Marina, Causeway Boulev2.rd, Clearwater, Florida.
Legal Description: Start at the Southwest corner of Lot 9, Unit 5, Island
Estates of Clearwater, as recorded in Plat Book 51, Page 34 of Public Records
of Pinellas County, Florida, run thence Southeast along South line of said
Lot 9, l5 feet thence run Southwest l80 feet for point of beginning, thence
continue Southwest l2.00 feet; thence run Northwest 12.00 feet; thence run
Northeast l2.00 feet, thence run Southeast 12.00 feet to point of beginning,
also to include Slips 37 thru 42 in Island Estates Marina Station.
All above located in Section 8,' Township 29 South, Range 15 East.
tobeusedfor Government purposes.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning cn
.......nJ.:J.!I~x._J~?~__. __.___________.________________ throu~h _.. _JQ__.J.UNR_. J~.?.4._____ ______ _________, subject to termination
and renewal rights as may be Ilereinafter set forth.
3. The Government shall pay the Lessor annual rent of $_3~OD'O-.-OO----------------.------------,----n----..-. ._______________.
at the rate of $._f_S_Q,_QQ_______________________________________ per __m.ont_h_________m_______________., __.._____.________0000 in arre:m.
fil:'tii f.... .. ;'t;~5t:i: perina ~h;jl b" p,:orated. Ke.lt checks shall be made payahle to:
City or Clearwater, Clearwater Marina, 55 Causeway Blvd., Clearwater, Fla.3351S
4. The Government may terminate this lease at any time by giving at least ________.6_0___________.___ days' notice, in writin~
to the Lessor and no renta... ~hall accrue after the effective date of termination. Said notice shall be computed commenc.,
ing with the d~y after the da.e of ma,iling.
5. This lease may be retlewed at theloption of the Government, for the following.terms and at the following rentals:
For the term 1 JULY 1974 th-rough 30 JUNE 1975 and from year to year thereafter,
but not beyond 30 JUNE 1979, at $3,000.00 pe!' ye:l:r, paya.ble at $250.00 peT
month, in arrears.
provided notice be ;,:Y!:r! :n w.iting to ~ ,Lessor at least 0000...3.0__________ days before the end of the original lease rerm
or any renewal term; all Nher terns and ,onditions of th(s l;:ue shall cerna;n the same during any renewal term.
Said !lo6..:e .hall be Cllm;.; ."d commencing with the day afler the date of mailing.
2-106
6. The Lessor shali furnish to the Covernmem, as part of the I.,mOLI consideration, tht If Howing:
a.. Twe i ve (12) reserved parking spaces alongside the docking area, and such other
parking spaces as may reasonably be' required" "availe;)le at no cost to the Coast
Guard.
b. Installation of a sewer line, water, and required electrical services without
cost to the Coast Guard. Utilities will be metered and utility bills will be
paid directly by the Coast Guard.
c. Annual rental subject to renegotiation after 30 June 1979.
d. No fences or barricades are to be erected which would hamper public access to
sidewalks.
e. Type and size of small util i ty building to be installed by Coast Guard shall
-requ.-lTe :prifJI' Ci.t_y ?pp,ro_val..
7. The following a,re att;lched arci made a part hereof:
Th ,- alP" , . I ' . (5 d d F A May 1 970 'd" ) on 5 pages
.'e ,-,ener ,t'(JV,SlOns ano nSIructlons tan ar orm 2- . .....:...___.":.._.__.. e ltlOn. I
CJCluse 4 of the General Provisions is hereby deleted and Clause 4
appe~ring on Page 5 hereof is substituted therefor.
8. The folloV','ing changes were made in this lease p:ior to its execution:
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above
written.
LESSOR .
Clty of Clearwater
Clearwater, Florida
FOR SIGNATURES OF THE CITY OF
CLEARWATER, SEE ATTACHED PAGE.
BY .L((~~~~h___________m_
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IN P_~~_f1_U)~.nu__mm____mm
(Sig",,(ure)
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GUARD
C. H. CAtiffiRON
Contracting Officer
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.,5. GOVER~MEN1 'PlNflNG OfFICE, "110-1"-1"
L__________
~P,I'I[)A~n FORM 2
: F~~f\IJ:,RY 1%1 F.DiTION
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SIGNATURES OF LESSOR
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F CLEAGTER.
FLORIDA
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Approved as to form and correctness:
';/U/m~
City Attorney .
LESSOR
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GENERAL PRO!IONS. CERTIFICATION AND 'NSTRUCTIONS
u.s. Government Lease for Real Property
GENERAL PROVISIONS
1. SUBLETTING THE PREMISES.
The Government may sublet any part of the premises but
shall not be relieved from any obligations under this lease
by reason Gf any such subletting.
2. MAINTENANCE OF PREMISES.
The Lessor shall maintain the demised premises, including
the building and any and all equipment, fixtures, and ap-
purtenances, furnished by the Lessor under this lease in
good repair and tenantable condition, except in case of
damage arising from the act or the negligence of the Gov-
ernment's agents or employees. For the purpose of so main-
taining said premises and property, the Lessor may at
reasonable times, and with the approval of the authorized
Government representative in charge, enter and inspect the
same and make any necessary repairs thereto.
3. DAMAGE BY FIRE OR OTHER CASUALTY.
If the said premises be destroyed by fire or other casualty
this lease shall immediately terminate. In case of partial
destruction or damage, so as to render the premises unten-
antable, as determined by the Government, the Government
may terminate the lease by giving written notice to the
Lessor within fifteen (15) days thereafter; if so terminated
no rent shall accrue to the Lessor after such partial de-
struction or damage; and if not so terminated the rent shall
be reduced proportionately by supplemental agreement hereto
effective from the date of such partial destruction or damage.
4. ALTERATIONS.
The Government shall have the right during the existence
of this lease to make alterations, attach fixtures and erect
additions, structures or signs in or upon the premises hereby
leased, which fixtures, additions or structures so placed in,
upon or attached to the said premises shall be and remain
the property of the Government and may be removed or
otherwise disposed of by the Government.
5. CONDITION REPORT.
A joint physical survey and inspection report of the de-
mised premises shall be made as of the effective date of this
lease, reflecting the then present condition, and will be signed
on behalf of the parties hereto.
6. COVENANT AGAINST CONTINGENT FEES.
The Lessor warrants that no person or selling agency has
been employed or retained to solicit or secure this lease upon
an agreement or understanding for a commission, percent-
age, brokerage, or contingent fee, excepting bona fide em-
ployees or bona fide established commercial or selling agencies
maintained by the Lessor for the purpose of securing busi-
ness. For breach or violation of this warranty the Govern-
ment shall have the right to annul this lease without liability
or in its discretion to deduct from the rental price or con-
sideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee. (Li-
censed real estate agents or brokers having listings on prop-
erty for rent, in accordance with general business practice,
and who have not obtaJned such licenses for the sole purpose
of effecting this lease; may be considered as bona fide em-
ployees or agencies within the exception contained in this
clause.)
7. OFFICIALS NOT TO BENEFIT.
No Member of or Delegate to Congress, or Resident Com-
missioner shall be admitted to any share or part of this lease
contract, or to any benefit that may arise therefro!D; but
this provision shall not be construed to extend to thIS lease
contract if made with a corporation for its general benefit.
8. ASSIGNMENT OF CLAIMS.
Pursuant to the provisions of the Assignment of Claims
Act of 1940, as amended (31 U.S.C. 203, 41,u.S.C. 15), if
this lease provides for payments aggregatmg $1,000 or
more claims for monies due or to become' due the Lessor
from'the Government under this contract may be assigned
to a bank, trust company, or other financing, institution,
including any Federal lending agency,and may thereafter
be further assigned or reassigned to any such institution. Any
such assignment or reassignment shall cover all amounts pay-
able under this contract and not already paid, and shall not
be made to more than one party, except that any such assign-
ment or reassignment may be made to one party as agent
or trustee for two or more p'arties participating in such fi-
nancing. Notwithstanding any provisions of this contract,
payments to an assignee of any monies due or to become
due under this contract shall not, to the extent provided in
said Act, as amended,.be subject to reduction or set-off.
9. EQUAL OPPORTUNITY CLAUSE.
(The following clause is applicable unless this contract is
exempt under the rules, regulations, and relevant orders of
the Secretary of Labor (41 CFR, ch. 60).)
During the performance of this contract, the Contractor
agrees as follows:
(a) The Contractor will not discriminate against any em-
ployee or applicant for employment because of rac~, color,
religion, sex, or national origin. The Contractor wIll 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; rates of
payor other forms of compensation; and selection for train-
ing, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants
for employment, ::lOtices to be provided by the Contracting
Officer setting forth the provisions of this Equal Opportunity
clause.
(b) The Contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or
national origin.
( c) The Contractor will send to each labor union or repre-
sentative of workers with which he has a collective bargain-
ing agreement or other contract or understanding, a notice,
to be provided by the agency Contracting Officer, advising the
labor union or workers' representative of the Contractor's
commitments under this Equal Opportunity clause, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(d) The Contractor will comply with all provisions of Ex-
ecutive Order No. 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of
Labor.
(e) The Contractor will furnish all information and re-
ports required by Executive Order No. 11246 of September
24, 1965, and by the rules, regulations, ane. orders of the
Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting
1
Standard Form 2-A
General Services Admlnlstratlon-FPR (41 CF~ 1-16.601
May 1970 Edition
1I-20a
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agency and the Secretary of Labor for purposes of investiga-
tion to ascertain compliance with such rules, regulations, and
orders.
(f) In the event of the Contractor's noncompliance with
the Equal Opportunity clause of this contract or with any
of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended, in whole or in part,
and the Contractor may be declared ineligible for further
Government contracts in accordance with procedures author-
ized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies in-
voked as provided in Executive Order No. 11246 of Septem-
ber 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of para-
graphs (a) through (g) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Execu-
tive Order No. 11246 of September 24, 1965, so that such pro-
visions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any sub-
contract or purchase order as the contracting agency may
direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, That in the
event the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
such direction by the contracting agency, the Contractor may
request the United States to enter into such litigation to
protect the interests of the United States.
10. FACILITIES NONDISCRIMINATION.
(a) As used in this section, the term "facility" means
stores, shops, restaurants, cafeterias, restrooms, and any
other facility of a public nature in the building in which the
space covered by this lease is located.
(b) The Lessor agrees that he will not discriminate by
segregation or otherwise against any person or persons be-
cause of race, color, religion, sex, or national origin in
furnishing, or by refusing to furnish, to such person or
persons the use of any facility, including any and all services,
privileges, accommodations, and activities provided thereby.
Nothing herein shall require the furnishing to the general
public of the use of any facility customarily furnished by the
Lessor solely to tenants, their employees, customers, patients,
clients, guests and invitees.
(c) It is a,greed that the Lessor's noncompliance with the
provisions of this section shall constitute a material breach
of this lease. In the event of such noncompliance, the Gov-
ernment may take appropriate action to enforce compliance,
may terminate this lease, or may pursue such other remedies
as may be provided by law. In the event of termination, the
Lessor shall be liable for all excess costs of the Government
in acquiring substitute space, including but not limited to
the cost of moving to such space. Substitute space shall be
obtained in as close proximity to the Lessor's building as is
feasible and moving costs will be limited to the actual ex-
penses thereof as incurred.
(d) It is further agreed that from and after the date
hereof the Lessor will, at such time as any agreement is to
be entered into or a concession is to be permitted to operate,
include or require the inclusion of the foregoing provisions
of this section in every such agreement or concession pur-
suant to which any person other than the Lessor operates or
ha.s the right to operate any facility. Nothing herein con-
tamed, however, shall be deemed to require the Lessor to
include or require the inclusion of the foregoing provisions of
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this section in any existing agreement or concession arrange-
ment or one in which the contracting party other than the
Lessor has the unilateral right to renew or extend the agree-
ment or arrangement, until the expiration of the existing
agreement or arrangement and the unilateral right to renew
or extend. The Lessor also agrees that it will take any and
all lawful actions as expeditiously as possible, with respect to
any such agreement as the contracting agency may direct, as
a means of enforcing the intent of this section, including, but
not limited to, termination of the agreement or concession and
institution of court action.
11. ExAMINATION OF RECORDS.
(NOTE.-This provision is applicable if this lease was nego-
tiated without advertising.)
(a) The Lessor agrees that the Comptroller General of the
United States or any of his duly authorized representatives
shall, until the expiration of 3 years after final payment
under this lease, have access to and the right to examine any
directly pertinent books, documents, papers, and records of
the Lessor involving transactions related to this lease.
(b) The Lessor further agrees to include in all his subcon-
tracts hereunder a provision to the effect that the subcontrac-
tor agrees that the Comptroller General of the United States
or his representatives shall, until the expiration of 3 years
after final payment under this lease with the Government,
have access to and the right to examine any directly pertinent
books, documents, papers, and records of such subcontractor
involving transactions related to the subcontract.
12. ApPLICABLE CODES AND ORDINANCES
The Lessor, as part of the rental consideration, agrees to
comply with all codes and ordinances applicable to the own-
ership and operation of the building in which the leased space
is situated and, at his own expense, to obtain all necessary
permits and related items.
13. INSPECTION.
At all times after receipt of Bids, prior to or after accept-
ance of any Bid or during any construction, remodeling or
renovation work, the premises and the building or any parts
thereof, upon reasonable and proper notice, shall be accessi-
ble for inspection by the Contracting Officer, or by architects,
engineers, or other technicians representing him, to deter-
mine whether the essential requirements of the solicitation or
the lease requirements are met.
14. ECONOMY. ACT LIMITATION.
If the rental specified in this lease exceeds $2,000 per
annum, the limitation of Section 322 of the Economy Act of
1932, as amended (40 U.S.C. 278a), shall apply.
15. FAILURE IN PERFORMANCE.
In the event of failure by the Lessor to provide any service,
utility, maintenance or repairs required under this lease, the
Government shall have the right to secure said services,
utilities, maintenance or repairs and to deduct the cost
, thereof from rental payments.
16. LESSOR'S SUCCESSORS.
The terms and provisions of this lease and the conditions
herein shall bind the Lessor, and the Lessor's heirs, executors,
administrators, successors, and assigns.
CERTIFICATION
1. CERTIFICATION OF NONSEGREGATED FACILITIES.
(Applicable to (1) contracts, (2) subcontracts, and (3)
agreements with applicants who are themselves performing
federally assisted construction contracts, exceeding $10,000
which are not exempt from the provisions of the Equal
Opportunity clause.)
By the submission of this bid, the bidder, offeror, applicant,
or subcontractor certifies that he does not maintain or pro-
vide for his employees any segregated facilities at any of his
establishments, and that he does not permit his employees to
perform their services at any location, under his control,
where segregated facilities are maintained. He certifies fur-
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Standard Form 2-A
May 1970 Edition
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ther that he will not maintain or provide for his employees
any segregated facilities at any of his establishments, and
that he will not pennit his employees to perfonn their services
at any location, under his control, where segregated facilities
are maintained. The bidder, offeror, applicant, or subcon-
tractor agrees that a breach of this certification is a violation
of the Equal Opportunity clause in this contract. As used in
this certification, the tenn "segregated facilities" means any
waiting rooms, work areas, rest rooms and wash rooms, res- NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
taurants and other eating areas, time clocks, locker rooms and CERTIFICATIONS OF NONSEGREGATED FACILITIES
ot~er storage,or dressing a!eas, parking lots, drinking foun-
tam~, recrell:t~o~ or ent~rtammentareas, transportation, and A Certification of Nonsegregated Facilities must be sub-
housmg faCIlIties provIded for employees which are segre- mitted prior to the award of a subcontract exceeding $10,000
gated by explicit directive or are in fact segregated on the which is not exempt from the provisions of the Equal Oppor-
basis of race, color, religion, or national origin, because tunity clause. The certification may be submitted either for
of habit, local custom, or otherwise. He further agrees that each subcontract or for all subcontracts during a period (i.e.,
(except where he has obtained identical certifications from quarterly, semiannually, or annually).
proposed subcontractors for specific time periods) he will ob- NOTE: The penalty for making false statements in offers
tain identical certifications from proposed subcontractors is prescribed in 18 U.S.C. 1001.
NOTE.-The penalty for making false statem4lnts in offers is prescribed in 18 U.S.C.1001.
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prior to the award of subcontracts exceeding $10,000 which
are not exempt from the provisions of the Equal Opportunity
clause; that he will retain such certifications in his files;
and that he will forward the following notice to such pro-
posed subcontractors (except where the proposed subcon-
tractors have submitted identical certifications for specific
time periods) :
INSTRUCTIONS
1. Whenever the lease is executed by an attorney, agent,
or trustee on behalf of the Lessor, two authenticated copies
of his power of attorney, or other evidence to act on behalf
of the Lessor, shall accompany the lease.
2. When the Lessor is a partnership, the nameS of the
partners composing the firm shall be stated in the body of the
lease. The lease shall be signed with the partnership name,
followed by the name of the partner signing the same.
3. Where the Lessor is a corporation, the lease shall be
signed with the corporate name, followed by the signature
~---.-
and title of the officer or other person signing; the lease on
its behalf, duly attested, and, if requested by the Government
evidence of this authority so to act shall be furnished.
4. When deletions or other alterations are made specific
notation thereof shall be entered under clause 8 of the lease
before signing.
5. If the property leased is located in a State requiring
the recording of leases, the Lessor shall comply with all such
statutory requirements at Lessor's expense.
3
U.S. GOVERNMENT PRINTING OfFICE ,1170-0-890-461 #31 K
Standard Form 2-A
May 1970 Edition
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SF-2A, GENERAL PROVISIONS, CERTIFICATION AND INSTFUCTIONS
U.S. Government Lease for Real Property - continued
11. Examination of Records.
Clause 11, Examination of Records, is hereby deleted and the following
clause substituted therefor:
EXAMINATION OF RECORDS BY COMPTROLLER GENERAL
(a) This clause is applicable if the amount of this contract exceeds
$2,500 and was entered into by means of negotiation, including small busi.ness
restricted advertising, but is not applicable if this contract was entered
into by means of formal advertising.
(b) The Lessor agrees that the Comptroller General of the United States
or any of his duly authorized representatives shall, until the exniration
of 3 years after final payment under this contract or such lesser time
specified in either Appendix M of the Armed Services Procurement Regu-
lation or the :Pederal Procurement Regulations Part 1-20, as annropriate,
have access to and the right to examine any directly pertinent books,
documents, papers, and records of the Lessor i.nvolving transactions related
to this contract.
(c) The Lessor further agrees to i~clude in all his subcontracts here~
under a provision to the effect that the subcontractor agrees that the
Comptroller General of the United States or any of his duly authori zed,
representatives shall, until the expiration of 3 years after final payment
under the subcontract or such lesser time specified in either Apnen(Hx H
of the Armed Services Procurement Regulation or the Fe,cleral Procurement
Regulations Part 1-20, as appropriate, have access to and the right to
examine any directly pertinent books, documents, paners, and records of
such subcontractor, involving transactions related to the subcontract,
The term "subcontract" as used in this clause excludes (1) purchase orders
not exceeding $2,500 and (2) subcontracts or purchase orders for public
utility services at rates established for uniform applicability to the
general public.
(d) The periods of access and examination described in (b) and (d,
above, for records which relate to (l)aopeals under the "Disputes" clause
of the contract, (2) litigation or the settlement of claims arising out
of the performance of this contract, or (3) costs and exnenses of this
contract as to \.,hich exception has been taken by the Comntroller GeneTal
or any of his duly authorized representatives, shali continue until such
appeals, litigation, claims, or exceptions have been disposed of.
- - - - - - - - - - - - - - - - - - - -
EXECUTIVE ORDER 11640 - Stabilization
Acceptance of any paymen~o
effective period of the ~e~ 've
Lessor that amounts paid ito i '""'e'
cordance with Executive ~
of Prices, Rents, h7ages & Salaries.
~~' ices furnished during the
, shal ' ,ons it -e a certif,i, cation by the
'1he ax mum~le Is established in ac-
n ar.
This lease is made subject to anpronriation of necessary funds by Congress.
L8 4/73
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SF-2A - Continued:
4. ALTERATIONS.
The Government shall have the right during the existence of this lease
to make alterations, attach fixtures and erect additions, structures
or signs in or upon the premises hereby leased, which fixtures, additions
or structures shall be and remain the property of the Government and may
be removed by the Government prior to the expiration or termination of
this lease. The lessor may, upon not less tha 120 days written notice
to the Government, before termination of the lease, require restoration
of the leased premises. In this event, prior to the expiration or term-
ination of this lease, or prior to relinquishment of possession, whichever
first occurs, the Government shall, at its sole election, either.
(1) restore the premises to the Same condition as that existing at the
time of entering upon the Same under this lease, reasonable and ordinary
wear and tear and damage by the elements or by circumstances over which
the Government has no control excepted, or
(~) pay to the lessor a sum of money representing either the diminution in
the fair market value of the property due to the failure to restore, or
the actual cost of restoration, whichever is the lesser amount.
r