Page:United States Statutes at Large Volume 68 Part 1.djvu/570

 538

Repair, e t c.

National e m e r gency, etCa

Breach of l e a s e.

Utilities or services.

Gleason W o r k s, N. Y. Land exchange.

PUBLIC LAW 534-JULY 27, 1954

[68

ST A T.

The lease shall be for a term of twenty-five years, with successive options to said Commonwealth to extend the term by one or more extensions, none of which shall be for less than five years, the aggregate of such extensions not to exceed fifty years, unless terminated or extended as provided in subsection (c) and (d) of this section. The agreement of the Commonwealth of Massachusetts to protect, repair, and maintain the premises leased on terms to be negotiated, and to pay an annual rental of $1 per year, together with payment of an amount to be determined as provided in subsection (b) of this section, shall constitute the consideration for any such lease. (b) I n order to carry out the purpose of this section, the Secretary of the Army shall provide for the repair and rehabilitation of such pier and other facilities to be leased hereunder, at an overall cost of not to exceed $11,000,000, but not less than 10 per centum of the estimated overall cost of such repair and rehabilitation, as such cost is determined by the Secretary of the Army, shall be paid by the Commonwealth of Massachusetts as a condition to the execution and delivery of such lease. The money so received from the Commonwealth of Massachusetts shall be used exclusively for the purpose of such repair and rehabilitation. (c) Any lease entered into under this section shall provide (1) that during any national emergency declared by the President, or in the event the Congress shall declare a state of war to exist, and the Secretary of the Army shall determine that the leased property is useful or necessary for military purposes, the United States shall have the right to reenter such property and use the same for such period of time as shall be determined by the Secretary of the Army to be necessary in the interests of national security; (2) that upon any such reentry, and at the option of the Commonwealth of Massachusetts, the lease shall be terminated, or the term thereof extended for such period of time as the United States may be in possession following any such reentry; and (3) that in the event the lease is terminated, the Commonwealth of Massachusetts shall be appropriately compensated for the cost of repairing and rehabilitating the leased property, as provided in subsection (b) of this section, and for the cost of capital items provided by it. (d) Any such lease shall also provide for termination by the Secretary of the Army in the event of a breach of the terms or conditions of the lease. (e) In the event that a lease is entered into under this section, the Department of the Army, or any other department or agency of the United States, which, prior to the entering into such lease, was furnishing necessary utilities or services to the leased property, may, upon the request of the lessee, continue to provide such utilities or services. Any such utilities or services so furnished shall be paid for by the lessee at a rate to be determined by the supplying agency. Such rate shall be fixed with a view to obtaining full reimbursement for the cost to any such agency of supplying any such utilities or services to the lessee. Any sums so received shall be covered into the Treasury to the credit of the appropriation or appropriations from which the cost of furnishing such utilities or services was paid. SEC. 104. The Secretary of the Army is authorized, upon such terms and conditions as he may determine to be in the public interest, to convey to the Gleason Works, a New York corporation, the lands and buildings comprising the Rochester Ground Forces Equipment Depot Numbered 1, located at 1044 University Avenue, Rochester, New York, in exchange for land in the Rochester, New York, area, together with a suitable building and other improvements thereon to be constructed by the said Gleason Works in accordance with plans and

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