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B-193722 1 (1979-03-29)

handle is hein.gao/gaobadhao0001 and id is 1 raw text is: K -~ ~THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES VV~~~ \AS - GTON, 0 C 20548 MAR 2 9 1979 FILE: B-193722 DATE: MATTER OF: Clifton E. 2 ight, Jr. - Request for Reconsideration 0. dS T: 'r. 1. Where property is leased by Government for family housing, reim- bursement for restoration under terms of lease providing that Government will return property in same condition as at time it took possession, ordinary wear and tear excepted, is limited to amount found due by District Engineer, absent a preponderance of evidence to the contrary. 2. Initial and terminal inspection reports are sufficient to establish restoration required; lack of interim inspection is irrelevant with respect to establishing reasonable cost of restoration. ISeraeant Major Clifton E. Wright, Jr. requesreconsideration of a settlement issued by our Clalms Division - the Division allowed $878.83 of Sergeant Wright's claim for $5,419.98 for damages to his property leased to the Government. Sergeant Wright's claim represents his estimate of the cost of restoration necessary to place his house and grounds, leased to the Department of the Army under Lease No. 4 DACAO9-5-75-75, in the same condition as it was when the Army took possession on September 12, 1974. The claimant's property, consisting of a single family residence and the lot on which it is situated, located in San Diego, California, was leased by the Government for use as non-tactical family housing. The lease period was from September 12, 1974, through September 15, 1975, to remain in force from year to year until September 11, 1984, at a monthly rental of $250 includingrutilities. By letter dated October 11, 1976, Sergeant Wright gave the Government 60 days written notice of lease termination, as permitted in paragraph 25 of the lease. The Government established December 15, 1976, as the effective termina- tion date, and the claimant requested a joint terminal inspection of the premises, as restoration was required, pursuant to paragraph 19 of the lease. Paragraph 19 provides that:' The Government shall surrender possession of the premises upon the expiration or termination of this Lease, and if required by the Lessor, shall within 30 days thereafter, or within such additional time as may be mutually agreed upon,

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