Page:United States Statutes at Large Volume 70.djvu/78

 22

PUBLIC LAW 413-FEB. 18, 1956

[70 S T A T.

"(3) If subsequent to August 1, 1955, but prior to the date of reentry, there has been expended (other than by the United States) $10,000,000 or more for the capital repair or improvement, and reconstruction or rehabilitation, other than normal maintenance, of the said property including any part thereof, and the wharves, buildings, structures, or other installations thereon or therein, then and in such event the United States shall pay as the annual rent $60,000 plus a sum equal to that part of the annual fair rental value of the property on the date of such reentry which is the same proportionate part of the annual fair rental value on that date as the excess of the fair market value of the premises on the date of such reentry over $3,200,000 is of the total fair market value on that date. "The deed shall further provide that in establishing the fair market value or the annual fair rental value as of the date of reentry when such value or values are required for rent computation purposes, the United States and the city of Newark, or if the property is then under lease, then the United States and the city's lessee, shall be guided by two appraisers, one to be appointed by the United States and one by the city or the city's lessee, and if the United States and the city, or if the property is then under lease, then the United States and the city's lessee are unable to agree on the fair market value or the annual fair rental value as of the date of reentry, then said value or values shall be determined by the United States District Court in and for the District of New Jersey, and jurisdiction is conferred on that court for such purpose. m^^'^addiVionl" "The deed shall further provide that there shall be excluded from etc. °" ' consideration as part of the sums expended by others than the United States any moneys that may be paid to the city of Newark or its lessee by the United States in lieu of restoration, if any, of the said property to be performed under any lease to the United States of said property or as restoration costs incurred by the United States, during any period of reentry as herein provided, regardless of whether or not the funds are thereafter actually expended for capital repair or improvement, or reconstruction or rehabilitation, of the said property. "The deed shall further provide that during any period of reentry hereunder, the United States shall have the right to make additions, alterations, modifications, or improvements to the property and that such additions, alterations, modifications, or improvements placed in, upon, or attached to said property may be removed by the United States prior to the return of the property to the city of Newark or its lessee. "Prior to or at the expiration of the state of war or other national emergency during and on account of which the right to reenter said property herein granted, is exercised, but not later than the expiration thereof, the property shall be returned to the city of Newark or if the property is then under lease, then to the city's then lessee: Provided, h(ncevei\ That unless the United States shall return the property and the ^vharves, buildings, structures, and installations thereon and therein in the same condition as at the time of reentry the fair and reasonable restoration costs (which costs shall include the fair and reasonable costs of the reinstallation of any machinery, equipment, or fixtures placed on the property prior to the reentry and removed therefrom by or at the request of the United States during the period of its occupancy), as agreed upon by the United States and the city of Newark or if the property is then under lease, then by the United States and the city's then lessee shall be allocated between the United States and the city of Newark or its then lessee as follows:

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