Fort Walton Beach Resolution — 71-39-Execute Lease for Softball Program — reading text

kind, or in any 1nanner substan-- condition the property hereby leased, except changes required in tially change the contour or of K carrying out soil and water conservation measures. r- 11. That the lessee shall comply with all applicable kJ,ws, ordinances, and regulations of the State, county, and municipality wherein the said demised premises are located, with regard' to F construction, sanitation, licenses or permits to do business, and all other matters. 12. That the lessee shall not construct any permanent structure on the said demised premises, and shall not construct any temporary structure or advertising sign thereOn without the priOr written consent of the said officer. t 13. That the lessee shall pay to the proper authority, when and as the same becomes due and f' f term of this payable, all taxes, assessments, and simikJ,r charges which, at any time during the lease, ' m.( Ly be taxed, assessed or imposed upon the Government or upon the lessee with respect to r or upon the leased premises. In the event any taxes, assessments, or simikJ,r charges atre imposed with the consent of the Congress upon property owned by the Government and included in this lease ( as opposed to the leasehold interest of the le~se~/'Ui~rejn), this lease shall be renegotiated so as to accomplish an equitable reduction in the I{ eii~\ l p[ g,vMed above, which shall not be greater n{':.tax~s, "'assessments, or simikJ,r charges and the lJ~ t I than the difference between the amount l4 amount of any taxes, assessments or c~ rlrts which were imposed upon such lessee with s1frti' 4r respect to his leasehold interest in the~ pre"1m: ses prior to the granting of such consent by the Con-- provided that in the event that th~ parties thereto are unable to agree within 90 days from gress,. the date ofthe i1nposition of such taxes, assessments, or simikJ,r charges, on a rental which, in the opinion of the said officer, constitutes a reasonable, return to the Government on the leased property, then, in such event, the said ()fficer shall have the right to determine the amount of the rental, which determination shall be binding on the lessee sub; ect to appeal in accordance with Conditwn No. 14 of this lease. 13. ( Alternate) That the lessee shall pay to tfte proper authority, when and as the same become due and payable, all taxes, assessments, and similar charges wh'kh, at any time during the term of this lease, may be taxed, assessed, or imposed upon the lessee' s interest in the leased premises. In the event any taxes, assessments, or similar charges are imposed, with the consent of Congress upon property owned by the Government and included under this l'ease ( as opposed to the leasehold interest of the lessee therein), they shall be paid ( 1) by the Government, in which event this lease shall then be renegotiated to increase the consideration provided above in the amount of such taxes, assessments, or similar charges paid by the United States, or ( 2) at the option 01 the Government, by the lessee. 1J". ( a)That, except as otherwise provided in this lease, any dispute concerning a question of fact arising under this lease which is not disposed of by agreement shall be decided by the said offi- cer, who shall reduce his decision to w.riting and mail or otherwise furnish a copy thereof to the lessee. The decision of the said officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the lessee mails or otherwise furnishes to the said officer a written ap- peal addressed to the Secretary of the Air Force. The decision of the Secretary or his duly author- ized representative for the determination of such appeals shall be final and conclusive unles8 deter- le-~ 3  mined by a court of compel, . t iurisdiction to have been fraudulent capricioU8, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supporte,d by substantial evidence. In connection with any appeal proceeding under this condition, the lessee shall be afforded an oppor- tunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hel.eunder, the lessee slulll proceed diligently with the performance of the contract and in accordance I with the said officer' s decision. This Condition does not preclude consideration of law questions in connection with deci- b) sions provided for in paragraph ( a) above: Provided, that nothing in this Condition shall be con- strued as making final the decision of any administrative official, representative, or board on a que8- tion of law. 15. That this lease may be terminated by the lessee at any time by giving to the Secretary of the Air Force, through the said officer, at least ten ( 10) days' notice thereof in writing; provided that, in case of such terrnination, no refund by the United States of any rental theretofore paid shall be made, and-- provided- f- urthe1',- thati-n- th6- 6'Venfr. i8 .not,.given-at-least,:ten. ( 1 OJ days the- sai4-1u) tice-- h6-:rental,. d,ue, he. daterf. , les8ee. 8hall.-b e.- requi r ed. . tfr- rental pay . the--- far the perif: Jf], fJ'l' term CQndition }.,T 0 1 hereof. 16. That the use and occupation of the premises leased hereby shall be subject' to the genera), supervision and approval of the officer having immediate jurisdiction over the property and to BUCh' rules and regulations as may be prescribed by him from time to time. 17. That the lessee shall pay the cost, as deterrnined by the officer having im,mediate jurisdictio?}- over the property, of producing and/ or supplying any utilities and other .~ervices furnished by the Government or through GO' l: e'rnment- owned facilities for the use of the lessee, including the lessee' 8 proportionate share of the cost of operation and maintenance of the Government- owned facilitie8 by which such utilities or services are produced or supplied. The Government shall be undel. no obligation to furnish utilities or services. Payment shall be' made in the method prescribed by the office'r having immediate jurisdiction over the property, upon bills rendered ;monthly~ 18. That for such pe.riod as the lessee is in possession of the leased property pursuant to the pro- visions and condit'ions of this lease the lessee shall procure and maintain at its cost a stand4rd fire and extended coverage insurance policy or policies on the leased property to the full insurable value thereof. The lessee shall procure such insurance from any responsible co?npany or companies. ' The policy or policies evidencing such insurance shall provide that in the event of loss there'under the proceeds of the policy or policies, at the election of the Government, shall be payable to the lessee to be used solely for the 1' epair, restoration or replacement of the ;p1" ope., rty damaged or destroyed, any balance of the proceeds not re~uired for e~~ r~ stoifti~n, f.?~ replacernent of the property thf) i1" damaged or destroyed to be pa~d to the Gov.~1;7t'ff,"~ n~ h.p,n. toot tn-the event the Government does not d.. elect by notice in writing to the insurer witfitn 6ej"" days after the damage or destruction occur8 to have the proceeds paid to the lessee for the purposes hereinabove set forth, then such proceeds shaU be paid to the Goveln- ment, provided, however, that the insurer, after payment of any proceeds to the lessee in accordance with the provisions of the poUcy or policies, shall have no obligation or liability with respect to the use or disposition of the proceeds by the lessee. Nothing herein con- tained shall be construed as an obligation upon the Government to repair, restore, or replace the leased property, or any part thereof. 19.