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COPY LEASE DOT-CG7-4343 '1" ';" ...,; -.' . ~ ~ . DEPARTMENT OF TRANSPORTATION UNITED STATES COAST GUARD Address reply to: COMMANDER (fs) Seventh Coast Guard District Room 1018, Federal Building 51 SW. 1st Avenue Miami, Fla, 33130 ~ity of Clearwater P. O. Box 4748 Clearwater, Florida 33518 . 1l01l 1 May 1970 RECEIVED MAV 4 1970 crt'Y CLERx Attention Herbert M. Brown, City Attorney Dear Sir: Reference is made to your letter of 20 April 1970. One copy of lease DOT-CG7-4343 covering dockage space for the U. S. Coast Guard Cutter Point Swift at the Clearwater Municipal marina is returned in compliance with your request. Your cooperation in this matter is appreciated. ;t:r Contracting Officer Enc1: (1) Copy of lease DOT-OG7-4343 .._~.", - '.. . /"'1 ,~ .?:: " A jt/; ) ,~;'1':.~A~'."'t',;;,l' {/ ".. .' ,. '"' ,. . LEA 5 E STANDARD FORM Z-B FEBRUARY 1965 EDITION U.S. Government GENERAL SERVICES ~~~I~\S~~~il~~6,60t Lease for Real Property (Short Form) II1l17 1"0 The LESSOR leases to the UNITED STATES OF AMERICA, hereinafter called the GOVERNMENT, the described premises on the terms stated herein, including the conditions on the reverse hereof. DATE IN~_43 I. LOCATION OF LEASED PREMISES Gllla......, ft01aDl Z. DESCRIPTION OF LEASED PREMISES .1&1*...... ~,of ..~. ...... 11.....- _ alp ... 71. ....... _ IIalal'lt_...l ... of ".ILllt.. -n '....1 ...... e.. T r.... ......... ClIIlINatac. J'ledAa. to Ita .... 'foe" ...... U. V. I. ... ...... CBta' JODI MftOI' ..... ."UaI' ......1 3. TERM. To have and to hold: For the term beginning m__~__~'__~~~~_______._m______mm____....__..__ through .___~.~__~?.r~___~m_mm__mmm.m. From year to year thereafter, _hill. _lJMII m"__.__~""..""'.""_1III_l_M'-....mmm__ ...AI. 19ft ....,.. to .......... ." tile ....11I at _ ,..... la ............., ... al_ ..jIIet to __'-Fiola '" Ute Ie.... .,......."7 (to) .,.' wd.ttea ..t.cia. 4. TERMINATION. The Government may terminate this lease at any time by giving at least mm.~__m_m____ days' written notice to the Lessor. Said notice shall be computed commencing with the day after the date of mailing. 5. RENTAL. The Government shall pay the Lessor annual rent of $__"'..___m_____________ at the rate of $__J_~~~mm_mm______ per ___.~..mm___m_m' in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: fit,. of CD........ Ole...... 1IIItIIa. IS _m III ~, ......... ca..lrL*hl'. ftoI'l.cIa '351S 6. SERVICES AND UTILITIES (Enter "X" in boxjor each ;t_ 10 be provided by Lessor as part oj lease) D (1) HEAT D (s) CHILLED DRINKING WATER (] (Z) ELECTRICITY D (6) AIR CONDITIONING D (3) POWER (SPecial equiPment) D (7) ELEVATOR SERVICE ~ (4) WATER llI\~I>...llo_~) D (8) WINDOW WASHING (Quarterly) II (13) OTHER (SPecify) 8 palfdJll ..... 7., SPECIAL OR OTHER PROVISION(S) AGREED UPON D (9) TOILET SUPPLIES D (to) JANITOR SERVICE AND SUPPLIES _________uu_n_____ D (II) INITIAL LAMPS. TUBES. (Frequency) BALLASTS AND REPLACEMENTS D (Il) MECHANICAL VENTILATION (I.) ....... . hMIl D~ a. Alteatlllll ill... .'INU7 .,...., III'. HU. _II .. .... 8& _ .....' to 1M__. .... ........ "nt .. ..,.. Ie ~ ."...1 of t.Hor. ... Iip!:...... ~l.. .... .. QIMt ~ 11.1 ".lll r 1 wUl .. ........ '-7 tie C1t~ of Cleaawate.... 'I'JMa City viii dealpate ~ 1oeat.... of euch a,... ... ....~ _IUIU'U. ... ...,..,. offl&Ja1 eo.t Qq.... Up or ..... ..,aJ" ...t_~. LESSOR era OF CIA"'. correctn..': UNITED STATES OF AM[R..Ie; II I.. j I~L ~ H. R. EVELAND GD.Jaet..... Oft..... / . Contracting Officer I. S. CaeH ...... BY .__ __ __ __________ __________ ___ _______~~...~~..---jr_ ..,_.._ ____ _________________ __ _ .____ __ __ __ __ __ _ _ ______ ____ __ ______ _____ __ ____ ____ __ _ - -- - - - - - - - - - --------- - - - - -- (Sit-lII1'e) ,.. (Officialtille) 2-301 (See General Provisions on reverse) 3 U.. ~ENERAL PROVISIONS 1. MAINTENANCE OF PREMf;~C8~ ' 9. FACILITI'ES NONDISCRIMINATION The Lessor shall l'n~i;1tainthe prc;mi~es aftd property furnished under this lease in good repair and tenantable condition during the continuance of this lease, except in .case of damage arising from the act or the negligence of the Government's agents or employees. For the purpose of so maintaining said premises and property, the Lessor may, at reasonable times approved by the Government, enter and inspect the same and make any necessary repairs thereto. 2. 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 untenantable, as deter- mined 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 destruction' or damage; and if nol so terminated the rent shall be reduced proportionately by supplemental agree, ment hereto effective from the date of such part4Il destruction or damage. . 3. ALTERATIONS The Government may make alterations, attach fixtures or signs and .erect structures in or upon the leased premises, all of which shall be the property of the Government. 4. CONDITION REPORT A joint physical survey and inspection report of the demised premises shall be made as of the effective date of this lease, re- flecting the then present condition, and will be signed on behalf of the parties hereto. 5. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress, or Resident Commis- sioner shall be admitted to any share or part of this lease contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease contract if made with a corporation for its general benefit. . 6. APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to com- ply with all codes and ordinances applicable to the ownership 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. 7. LESSOR'S SUCCESSORS The -terms' and provisions of this lease and the conditions he~ein shall bind the Lessor, and the Lessor's heirs,executors; adminis- trators, successors, and assigns. 8. 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 agree- ment or understanding for a commission,. per<;entage, bmkerage, or contingent fee, excepting bona fide employees. or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or viola- tion of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or con- tingent fee. (Licensed real estate agents or brokers having list- ings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole pur- pose of effecting this lease, may be considered as bona fide em- ployees or agencies within the exception contained in this clause.) STANDARD FORM Z-B FEBRUARY 1965 EDITION . . ,iI . . . ..... (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 ~pacecovered -by this lease is located. . (b) The Lessor- agrees that he will not diSGriminate by se~re- 'p;ation or otherwise against a;;Y' person or" persons because of- race, creed, color, or national origin iq .furnishing, or.by refusing ,to fumish, 'to M]ch.person or persons the use of any liciHty, includ- ing any and all services, privileges, accommodations,' and activi- ties pr~yided thereby. Nothing herein shall requirelh$. furnishing to the general public of the use of any facility cus.wmarily fur- nished by the Lessor solely to tenants, their employees; customers, patients, clients, guests and invitees. (c) It is agreed that the Lessor's noncompliance with the provi- sions of this section shall constitute a material breach of this lease. In the event of such noncompliance, the Government may take appropriate action to enforce co'mpliance, may terminate this lease, or may pursue suchotherremedies as may be provided -by hw. In ~the event ~f termination, thl: Ll:ssorshall be liable for 'all excess costs of the Government in acquiring substitute space, including but not limited to the cost of moying 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 expenses thereof as incurred. (d) It is further agreE:d 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 pursuant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein contained, however, shall be deemed to require the Lessor to include or require the inclusion of the foregoing provisions of this section in any existing agreement or concession arran;:;ement or one in which the contracting party other than the Lessor has the unilateral right to renew or extend the ,agreement or arrangemeht, until the expiriuion of. the existing agreement or arrangement and the unilateral right to renew or extend. The I.essor also agrees that it will take any and all lawful aclions 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. 10. EXAMINATION OF RECORDS (NOTE: This prQvi.sioo is applic!l,bleJf.thisJea$e was .negotiated without adv~rtising.) .' 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 transac- tions related to this lease. b. The Lessor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the .comptroller General of the United States or his repre- sentatives 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. 11. INSTRUCTIONS Whenever the lease is exeqlted by an attorney, agent, or other person, or corporation on behalf of the Lessor, the name of the Lessor shall appear above the signature of the person signing. .<1.5. GOVERNMENT PRINTING OFFICE, 1965-0-779-360