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

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liability' or in its discretion to require the lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 25., That in the event, th.e United States revokes this lease or in any other manner materiaUy reduces the area cQvered thereby. priQr to the date' oj'expiration thereof, an equitable adjustment in the rental paid or tMreajter to ,be paid under this lease' shall be made: Provided, however, that this provision s,hall not apply i,n ,the event of .rev'ocation because of a-breach. by. the le88e6 of any oj the terms and 'conditions 01 this lease. . . ' , , ,',' '.. .. ~,' 5 1~ j 1 j 26. Not\vithstanding Condition 10 hereof, the lessee is J hereby granted authority to cut certain trees situated the No cutting on leased premises. J will be accomplished without the prior approval of the installation commander 1 I or his designated representative. j J r 27. That all merchantable timber, pulpwood, or sawlogs removed from the I i; area herein granted shall be trimmed and stockpiled by the lessee for removal to' or sale by the Department of the Air Force. All debris shall be disposed of k;~, tS~ r by the lessee to the satisfaction of the installation coum~ nder or his designated 1;. representative. j 28. If the Secretary of the Air Force elects to revoke this lease, the lessee I 1 shall vacate the leased premises within thirty ( 30) days after written notice. r, 29. . The lessee does, by the acceptance of this lease, j covenant and agree for itself, its assigns, sublessees, and successors in interest to the property herein leased or any part thereof: 1) That the leased premises will be operated as a temporary con" struction route in full compliance ~vith Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of the Air Force and in effect on the date of this lease to the cnd that no person in the United States shall, on the ground of race, color, religion, sex, or national origin, be excluded from partici- pation in, be denied the benefits of, or be subjected to discrimination under any programs or, activities provided thereon; 2) That the United States shall have the right to judicial enforce- m~ nt of these covenants not only as to the lessee, its successors and assigns, but. also as to ~ ublessees and licensees doing business or extending services under contr~ctu~l or other arrangements on the land herein; and 3) In the event of a breach of any of the conditions set forth above, the United States may terminate this lease as provided herein; pro- vided, hm'lever, that the failure of the United States' to insist in anyone or more instances upon' complete performance of any of the said conditions shall not be construed as a waiver or a relinquishment of the future performance of any. such conditions, but the obligations of the lessee with respect to such fut~re performance shall continue. in full force and effect. 30. It is to be understood that the rights granted herein are subject to the. rights previously granted to South~astern Telephone under Easement Company No. DA- Ol- 076- ENG- II06 dated 10 April 1957 for a communication line right- of- way and to Gulf Power Company under Easement No. DA- Ol- 076- ENG- l105 dated 4 rch 1957 for a power line right- of~way. 5a i' t;<

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