ORDER N0. X3571 ARF'ROVAL OF LEASE FOR REAL RROF'ERTY LOCATED AT THE KERRVILLE MUNICIRAL RIRROR7 BETWEEN KERR COUNTY, TEXAS, CITY DF KERRVILLE AND 7HE UNITED STATES OF AMERICR On this the 9th day of September^ 1996, ~,~pon motion made by Commissioner^ Holekamp, seconded by Commissioner Lackey, the Court unanimously approved by a vote of 4-@-@, the lease of real property located at the Kerrville Municipal Airport between Kerr County, Texas, City of Kerrville, and the United States of America. U. S. GOVERNMENT LEASE FOR REAL P'ROP'ERTY DATE OF LEASE LEASE NO. DTFA@7-97-L-@1@3@ THIS LEASE, made and entered into this date by and between ~~_ KERR COUNTY, TEXAS, and CITY OF KERRVILLE, TEXAS whose address is:City of Kerrville 8@@ Junction Highway Kerrville, TX ?8@~8 and whose interest in the property hereinafter described is that of Owner hereinafter called the Lessor, and the UNITED STATE OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, convenant and agrees as follows: 1. The Lessor hereby leases to the Government the following described premises: R space B ft. by 8 ft. located in the southwest corner of the Dougos "T" hangar located on Kerr^ville Municipal Airport and a land are s ft by 3 ft for an antenna pole to be used for Federal Aviation Administration Single Frequency Outlet tSFO). ~. TO HAVE RND TO HOLD the said premises with their- appur-tenances for^ the term beginning an October 1, 1996, through September 3@, 1997, subject to termination and renewal rights as may be hereinafter set forth. RAGE 651 _ .;. The Government shall pay the Lessor ann~_~al rent of 3180.041 at the rate of 390.00 semi-annually in arrears. -- Rent for a lesser period shall be prorated. Rent checks shall by payable to:N.err^ County, Texas and City of Kerrville, Texas 800 J~_inction Highway, Ker-rville, Texas 78028. by giving at least days' notice in w^' a Lessor^ and no r^ental shall accr a effective date of terrain notice shall be computed commencing with the Government, for the following terms an re-following r^entals e native be given in writing to the Lessor at least _ days before of the original lease term or any renewal term;all other terms an s of this lease shall remain the same during any renewal term. Sai n 11 be Lease No. DTFA07'97-L-0130 Single Frequency O~.~tlet Kerrville, Texas 6. The Lessor^ shall furnish to the Government, as part of the rental consideration, the following: See Rrticles 9 through 17. 7. The following are attached and made a part hereof. a. Lease Provisions, Articles 9 through 17. b. Corporate Certificate c. General Provisions (7/95 edition). 8. The following changes wer^e made in this lease prior to its execution: a. Rrticles 4 and 5 Standard Form 2 were deleted in their entirety. b. Rrticle 13, Disputes and Rrticle 14, Prompt Payment on pages 2 and 3 of the General Pr^ovisions were deleted in their entirety. PAGE 652 ~_ IN WITNESS WHEREOF, the parties hereto have her•e~anto ( _ suhscr^i bed their names as of the date first above written. `-' LESSOR:KERR COUNTY, TEXAS and CITY OF KERRVILLE, TEXAS PY/s/Robert D. Denson /s/ Charles P Johnson /t/ Charles P. Johnson, Mayor IN PRESENCE OF: 8@0 Junction Highway Kerrville, TX 78@28 (Signature) (Address) UNITED 5TRTES OF AMERICR BY /s/Gloria J. Godwin Contracting Officer^ 1tlGloria J Godwin tOfficial Title) (Signature) Lease No. DTFA@7-97-L-@1@:;@ Single Freq~.~ency Outlet Kerr^ville, Texas 9. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: The airport owner agrees that any relocation, r^e placement, or modification of any Federal Aviation Rdministration Class I ~_; and Class II facilities, or components thereof, as defined below, covered by this lease during its term and any renewal thereof made necessary by airport improvements or changes which impair or interrupt the technical andlor operational characteristics of the facilities will be at the expense of the airport owner; except, when s~_ich improvements or changes are made at the specific request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the air•por^t owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitters/Receiver (Tower•> Airport Traffic Control Tower Airport Surveillance Radars Air^port Surface Detection Equipment precision Rpproach Radar ILS and Components RLS and Components Flight Service Stations Visual Land Rids Direction Finding Equipment VOR'S TVOR'S, and VORTRC' S (Instr^uments Approach) Weather Observing and Meas~.ir^ing Equip. (Owned and operated by FAA) Central Standby Power•plants Low Level Wind Shear^ Alert System PAGE b53 CLASS II FRCILITIES Long Range Radar Rir Route Traffic Control Center Remote Control Air-Ground Communication Facility VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet Other En Route Facilities 10. TERMINATION: The Government may terminate this lease wholly or in part at any time by giving the Lessor thirty (30) days' notice in writing, with such notice to be computed commencing with the day after the date of mailing, and no rentals shall accrue after the effective date of termination;EXCEPT, That portion of the lease pertaining to electr-ical service rates which may 6e renegotiated by either party upon thirty (30) days' notice in writing as defined above, and the monetary consideration of this lease adjusted therefor;PROVIDED, That any negotiated increase in electrical rates as established herein shall not be in excess of the rates charged other tenants of the LeSSOr having similar conditions of electrical service; AND PROVIDED FURTHER, That in the event the Lessor's rate for said services established s Lease No. DTFA07-97-L-01030 Single Frequency Outlet Kerrville, Texas herein, or by amendment hereto, decreases during the term of this lease, ar renewal term thereof, the monetary consideration will be reduced accordingly and electrical service payments adjusted therefor. 11. RENEWAL ORTION: This Iease may, at the option of the Government, be renewed from year to year at an annual rental of ONE RND NO/100 (81.@0) the receipt and sufficiency of which is hereby acknowledged, and ONE HUNDRED EIGHTY AND NO/1G0 ($18G.0@) per annum payable semi-ann~.ially in arrears in the amount of NINETY AND NO/100 DOLLRRS (490.00) for electricity, subject to any adjustments for electrical service specified in Rrticle 10 above, and otherwise upon the same terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives thirty (s0> days' notice that it will not exercise its option, befor^e this lease ar any renewal thereof expires;PROVIDED, that no renewal thereof shall extend the period of occupancy of the pr^emises beyond the 30th day of September, ?@11;RND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. PAGE 654 12. NON-RESTDRRTION: This Government 5ha11 have no obligation to restore and/or r•ehabilitater either- wholly or partially, the property which is the subject matter of this lease other than to orderly remove its equipment therefrom. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located ~.rpon said property. Notice of abandonment will be conveyed to the Lessor in writing. 13. INTERFERENCE WITH THE GOVERNMENT'S ORERATIONS: The Lessor agrees that in the event any of the Lessor's operations or facilities lac ated on the demised premises causes interference with the Government's operations conducted on the leased premises, the Lessor shall, upon being notified by the Government's Contracting Officer, make every reasonable effort to eliminate the cause of such interference. 14. INGRES5 AND EGRESS/CRELING RIGHTS: The Lessor^ hereby grants a right-of-way for ingress to and egress from the premises;a right-of-way for• establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and eight-of-way for• s~_ibsurface power and communication lines to the premises;all rights-of-way to be over- the said lands and adjoining lands of the Lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. 4 Lease No. DTFA07-97-L-01030 Single Frequency Dutlet Kerrville, Texas 15. ACCESS TO LEASED SPRCE: The Lessor hereby grants the Government 24-hoar- access to the Kerrville Municipal Airport and to the Dugosh "T" hangar building by key or combination lock. 16. ACCESS AND U5E OF RESTRODMS: The Lessor shall provide access to the Lessor's owned and maintained toilet facilities for use of Government employees on duty at the leased premises. 17, PARKING: The Lessor shall provide, free of charge, parking spaces for Government-owned vehicles and vehicles of employees who are ~~ at the facility for maintenance purposes. 5 PAGE 655 Lease No. DTFA@7-97-L-@1@3@ Single Freq~_iency outlet Kerrville, Texas t . ;- CORPORATE CERTIFICATE I, Sheila Brand. certify that I am the City Clerk of the City of Kerrville, Texas, named in the foregoing, agreement that Charles P. ,Tohnsan who signed said agreement on behalf of said city, was then Mayor ther^eof, that said agreement was duly signed for and on behalf of said City of N.errville, Texas, by authority of its governing body, and is within the scope of its governmental powers. Dated this 27 day of Ruoust, 1996. Signed by /s/Sheila L Brand CORPORATE SEAL /t/Sheila Br^and, City Clerk CORPORATE CERTIFICATE I, Patricia Dve. certify that I am the County Clerk of the County of Kerr, Texas, named in the foregoing agreement, that Robert A. Denson who signed said agreement an behalf of said county, was then County Judge thereof, that said agreement was duly signed for and on behalf of said Kerr County, Texas, by authority of its gayer^ning body, and is within the scope of its governmental powers. Dated this day of 1996. Signed by /s/Patr•icia Dye /tlPatricia Dye, County Clark CORPORATE SEAL GENERAL PROVISIONS U. S. Government Lease for Real Property --------------------------------------- GENERAL PROVISIONS 1. DEFINITIONS (a) The terms "contract" and "Contractor" shall mean "lease" and "Lessor", respectively. (b) The abbreviations "FAR" and "CF R" means "Federal Acq~.~isition Regulation" and "Cade of Federal Regulations" respectively. (c) The term "Lessor^ shall provide" means the Lessor shall furnish and install. 2. SUPLETTING THE PREMISES The Government may sublet any part of not be relieved from any obligations reason of any such subletting. the premises bu shall under this lease by PAGE 656 3. MAINTENANCE OF GREMISES (-~ \.~-~ The Lessor shall maintain the demised premises, including the building and all equipment, fixt~_~r-es, and appurtenances 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 Government's agents or employees. Far the purpose of so maintaining 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. 4. DAMAGE HY FIRE OR OTHER CASUALTY If the said premises 6e destroyed by fire or other casualty, this lease will immediately terminate. In case of partial destruction or damage, so as to r-ender^ the premises untenantable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within 15 calendar days thereafter~if so terminated, no rent will accrue to the Lessor after such ¢artial destruction or damagegand if not so terminated, the r^ent will be r^educed proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. 5. RLTERATIONS The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and erect structur-es or signs in or upon the premises hereby leased, which fixtures, additions, or structures so placed in, on, upon, or attached to the said premises shall be and remain the pr-operty of the Government and may be r-emaved or other-wise disposed of by the Government. If the lease contemplates that the Government is the sole occupant .of the building, far purposes of this clause, the leased premises include the land on which the building is sited and the building itself, Otherwise, the Gover-nment shall have the r-fight to tie into or^ make any physical connection with any str~_icture located on the property as is reasonably necessar^y for appropriate utilization of the leased space. 6. CDNDITION REPORT A joint physical survey and inspection report of the demised premises will be made as of the effective date of this lease, reflecting the then present conditions, and will be signed an behalf of the parties hereto. GAGE 657 7. COVENANT AGAINST CONTINGENT FEES (a) The Contract warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or^ viglation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or ether-wise recover, the full amount of the contingent fee. (b> "Bona fide agency", as used in this clause, means an established commercial or• selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or gbtain Government contract nor hold itself out as being able to obtain any Gover^nment contract or contracts through improper influence, "Bona fide employee," as used in this cla~_ise, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of perfor^mance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper infl~_ience. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government ~ contract. "Improper' influence," as used in this clause, means ~ _- any influence that induces or tends to ind~_~ce a Government employee or officer to give consideration or to act regarding a Government contract an an basis other than the merits of the matter. (FRR 52.203-5)(APR 1984) 8. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner shall be admitted to any share or part of this contr'act, or^ to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contr'act is made with a corpor^ation for the corporation's general benefit. (FRR52.203-1)(RF'R 1984) PAGE 658 9. ASSIGNMENT OF CLAIMS ( (a> The Contractor, under the Rssignment of Claims Act, as ~~ amended, 31 USC X727,41 USC 15 (hereafter referred to as "the Rct"), may assign its eights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institutions, including any Federal lending agency. The assignee under such an assignment may thereafter further- assign or reassign its rights under the original assignment to any type of financing institution described in the preceding sentence. (b) Any assignment or r^eassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or tr~_istee for two or more parties participating in the financing of this contract. (e) The Contractor- shall not furnish or disclose to any assignee under this contract any classified document tincluding this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing. (FAR X2.232-~3)(JAN 198E> 1Q~. GRATUITIES (a) The right of the Contractor to proceed may be terminated by written notice if, after^ notice and hearing, the agency r head or designee determines that the Contractor, its agent, or `~. another- representative' (i)Offered or gave a gratuity (e. g., an entertainment or gift) to an officer-, official, or• employee of the Government; and (2> Intended, by the gratuity, to obtain a contract or favorable treatment under- a contract. (b> The facts supporting this determination may be reviewed by any court 1 having lawful jurisdiction. (c> If this contract is terminated under paragraph ta) above, the Government is entitled - (i) To pursue the same remedies as in a breach of the contractgand (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor' more than 1@ times the cost inc~_irred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph(c>(2> is applicable only if this contract uses money appropriated to the Department of Defense.) (d> The rights and remedies of the Government provided in this clause shall not be excl~_~sive and ar^e in addition to any other rights and remedies provided by law ar under this contract (FRR 52.2~D3-3>(AGR 1984) ~~ 11. RNTI-KICKBACK PROCEDURES. (a) Definitions. F'AGE &59 "Kickback," as ~_~sed in this cla~.ase, means any money, fee commission, credit, gift, gratuity, thing of value, or- / compensation of any kind which is provided directly or _„ indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor- employee for- the purpose of improperly obtaining or rewarding favorable treatment in connection with a pr-ime contract or- in connection with a subcontract relating to a pr-ime contract. "Gerson," as used in this clause, means a corpor-ation, partnership, business association of any kind, trust, ,joint-stock company, or individual. "Grime contract," as used in this clause, means a contract or contractual action entered into by the United States for the p~_irpose of obtaining supplies, materials, eq~.iipment, or services of any kind. "Prime Contractor," as used in this clause, means a person who has entered into a pr-ime contract with the United States. "Prime Contractor employee," as used in this clause, means any officer, par-tner, employee, or- agent of prime contr-actor-. "Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contr-actor or subcontractor for the purpose of obtaining supplies, materials, eq~_iipment, ar ser-vices of any kind ~_~nder• a prime contract. `- "S~_ibcontractor," as used in this clause, ~`" (1> means any person other than the pr-ime Contractor, who offer-s to furnish or furnishes any supplies, materials, equipment, or ser^vices of any kind under- a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier- subcontractor. "S~_ibcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor. (b) The Rnti-Kickback Act of 198E (41 U. S. C. 51-58)(the Rct>, prohibits any person from - (1) Groviding or attempting to provide or offering to pr-ovide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback;or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a pr-ime Contractor to the United States or in the contract price charged by a subcontractor- to a prime Contractor or- higher tier- subcontractar. (c)(1) The Contractor shall have in place and follow __ reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships. GAGE 6E•0 (~) When the Contractor- has reasonable grounds to believe that a violation described in paragraph (b) of this clause may `~_` have occ~.trred, the Contractor shall promptly report in writing the possible violation. Such repor^ts shall be made to the inspector general of the contracting agency, the head of the contracting agency, if the agency does not have an inspector general, or the Department of Justice. (3) The Contractor shall cooper^ate fully with any Federal agency investigating a passible violation described in paragraph of this clause. In either^ case, the prime Contractor shall notify the Contracting Officer when the monies are withheld. l5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(,°i), but excepting subparagraph (c)(1), in all subcontracts under this contract. (FAR 52.03-7>(OCT 1988) 12. ACF'LICRBLE CODE5 AND ORDINANCES The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the J ownership and oper^ation of the b~_iilding in which the leased space is situated and, at his own expense, to obtain all necessary permits and related items. ta> his contract is subject to the Contract Disputes Act of 197 as amended (41 U.S.G. 601-613) (b) Exce as provided in the Act, all disputes arising ~.+nder or relating o this contract shall be resolved under this clause. (c) Claim, as ~ ed in this clause, means a written demand or written assertion one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or^ inter r•etation of contr^act ter^m s, or^ other- relief arising under or r ating to this contract. A claim arising under a contract, a ike a claim relating to that contract, is a claim that can a resolved under a contract cla~.+se that provides for the rel' f so+.~ght by the claimant. However, a written demand or writt assertion by the Contractor seeking the payment of mo y exceeding 350,000 is not a claim under the Rct until certifi d as a required by subparagraph td)t2> below. A voucher-, inv 'ce, or other routine request for payment that is not in 'spute when submitted is not a claim under the Act, The s~. mission may be ~ converted to a claim under the Act, by complying ith the submission and certification requirements of this use, if it is disputed either as to liability or amount or is of acted upon in a reasonable time. F'AGE 6b 1 sub fitted to the Contracting Officer for a written decision. A C, clai by the Government against the Contr-actor- shall be s~_rbje to a written decision by the Contracting Officer. (2) ') Contractors shall provide the certification specifie in subparagraph ld)(2>(iii> of this clause when submittin any claim - (R> xceeding f50,@@@, ar (B) R ardless of the amount claimed, when using - (1) Rrbitration conducted pursuant to 5 U.S.C. 75-58@; or t2) R other alterative means of dispute resol~,rtion (ADR) technique that the ency elects to handle in, accordance with the Administr-at a Dispute Resolution Act (ADRA). (ii> the certification requirement does not apply to issues in controversy that hav not been submitted as all or part of a claim. At the time a claim by the Contractor is submi ted to the Contracting Officer or a claim by the Government is resented to the Contractor, the par^ties, by mutual consent, ma agree to use ADR. When using arbitration conducted pursuant 5 U.S.C. 575-58@, or when using any other- ADR technique th t the agency elects to handle is accordance with the RDRR, any claim, regardless of amo~_rnt, shall be accompanied by the certification described in subparagraph (d)(2)(iii) of this cause, and executed in accordance with subparagraph (d)<3> 'air 2 PAGE 662 due d ~.~npaid from (1) the date that the Contracting ~fficer^ receive he claim (certified, if required>qof (2) the date -- that paymen otherwise would be due, if that date is later ~.intil the date f payment. With regard to claims having defective cer•tifi ions, as defined in (FAR) 48 CFR 33.2@1, interest shall be poi form the date that the Contracting Officer initially r•eceiv the claim. Simple interest on claims shall be paid at the te, fixed by the Secr^etar•y of the Treasury as provided in the ct, which is applicable to the period during which the Contra ing Officer receives the claim and then at the r^ate applicable r each 6-month period as fixed by the Tr^easury Secretary during he pendency of the claim. (i> The Contractor shall proceed diligently wi performance of this contract, pending final resolution of any r nest of relief, claim, appeal, or action arising under the con ct and comply with any decision of the Contracting Officer. R e Government will make payments under the ter^ms and con 'tions specified in this clause. Payment shall be consi red as being made on the day check is dated or an electro 'c funds transfer is made. (a) Rent payments. Rent s all be paid in arrears as provided for by the lease. (b> Interest nalty (1> An interes penalty shall be paid automatically by the Government, withou request from the Contractor, if payment is not made by the due te. (2) The interest pena shall be at the rate established by the Secretary of the Tr scary under section 12 of the Contract Disputes Rct of 1978 (41 S. C. 611> this is in effect on the day after the due date, exc t where the interest penalty is prescribed by other Governmen authority. This rate is referred to at the Renegotiatio Board Interest Rate, and it is published in the FEDERAL REGI ER semiannually on or about January 1 and July 1. The interest m alty shall accrue daily on the payment amount approved by th Government and be compounded in 3@-day increments inclus ve from the first day after the due date through the payment te. (3> Interest penalties will not continue to ccrue after the filing of a claim for such penalties under th clause at 52.233-i, Disputes, or for more than 1 year. In rest penalties of less than fl.@@ need not be paid. (4) Interest penalties ar•e not required on payment delays due to disagreement between the Government and Contracto over the payment amount or other issues involving contract compliance ar on amounts temporarily withheld or r•etaine in accordance with the teems of the contract. Claims involvin _ disputes and any interest that may be payable, will be resolved in accordance with the clause at .°i2.233-1 Disputes. GAGE 663 15. INSPECTION OF PREMISES At all times after receipt of offers, prior to or after '~_'~°} acceptance of any offers, or during any construction, remodeling, or renovation work, the premises and the building or^ any part thereof, ~.ipon reasonable and proper notice, must be accessible for inspection by the Contracting Officer, or by ar^chitects, engineers, or^ other technicians representing him, to determine whether the essential r^equirements of the solicitation or the lease requirements ar^e met. Additionally, the Government reserves the rights, upon reasonable notice, to: (a> inspect and preform bulk sampling and analysis of suspected asbestos-containing materialsq (b) monitor the air for asbestos fibers in the space offered or under- lease as well as other areas of the building deemed necessary b the Contracting Officer, (c) inspect the premises for any leaks, spills, or^ other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic substances (e. g. PCBs), ~(d> inspect the site upon which the space is offered for any current or^ past hazardous waste operations, and ensure that appropriate mitigative actions were taken to alleviate any environmentally unsound activities in accordance with Federal, State, and local regulations. 16. TERMINATION - POLYCHLORINATED PIPHENYLS (GCBs), ASBESTOS OR OTHER HAZARDOUS MRTERIRLS If it is discovered that F'CPs, asbestos, or- other hazardous materials are present, the Government reserves the right to require the Lessor, at no cost to the Government, to r^emove such materials present in the building, in accordance with EF'A regulations, or alternately the Government may terminate the lease. This is in addition to other remedies available to the Government. 17. NOTIFICATION OF PCB HAZARDOUS CONDITION The Lessor shall promptly notify the Contracting Officer^ and the tenant agency official of any leaks, spills, or other hazar^do~_is conditions which involve PCBs in any area of the building. 18. FRILURE IN PERFORMANCE The covenant to pay r^ent and the covenant to provide any service, utility, maintenance, or repair required under this lease are dependent. In the event of failure by the Lessor- to provide any of these items, the Government may by contract or otherwise perform the service, maintenance, utility, or repair, and charge to the Lessor any cost incurred by the Government that is r^elated in the perfor^mance of such ser^vice, maintenance, etc., including any administrative costs, and ded~.ict such cost from any rental payments. Alternately, the Government may reduce rental payments by the corresponding val~.~e of the contract requirement not per^f or^med, as deter^mined ~_ by the Contracting Officer. These remedies are not exclusive and are in addition to any other remedies which may be available which may be available under this contract ar^ in the law. PAGE 664 19. LESSOR'S SUCCES50R5 The terms and provisions of herein bind the Lessor and successors, and assignees. this lease and the conditions the Lessor's heir, administrators, 3