15 FAM 350
Lease Agreements
(CT:OBO-80; 01-22-2019)
(Office of origin: OBO)
15 FAM 351 Model Standard Lease
(CT:OBO-80; 01-22-2019)
Posts must read through the model standard lease in its
entirety and all the instructions before drafting and negotiating any lease.
MODEL STANDARD LEASE
Lease No.:
________________
Fiscal Data:
________________
LEASE AGREEMENT
between
___________________________________
and
THE UNITED STATES OF AMERICA
ARTICLE ONE: PARTIES
This lease (hereinafter the Lease) is entered into this
_____ day of ________________, 20__, by [name and address of Lessor], for
himself/herself/itself, his/her/its heirs, executors, administrators,
successors and assigns, hereinafter referred to as the LANDLORD, and the
United States of America, acting by ________________of the Embassy/Consulate
General/Consulate/USAID Mission of the United States of America at
________________, hereinafter referred to as the TENANT and, together with
the LANDLORD, as the Parties.
ARTICLE TWO: DESCRIPTION OF
PREMISES
A. The LANDLORD hereby leases to the TENANT the
following described Premises and their appurtenances (hereinafter the
Premises) to be used as a United States diplomatic establishment and for such
other purposes as the TENANT may desire:
1. Legal Description: [Official title/deed
description]
2. Physical Description: [Actual structures]
3. Size of leased Premises: [in square meters or
feet - rentable area as agreed with the LANDLORD, gross area as per FAM, and
net area as per FAM, as well as percentage of total rentable building area if
relevant]
4. Additional Property: [Nonstructural property,
e.g., generators or water tanks]
B. A floor plan of the leased Premises with dimensions,
as well as inventories and condition reports of the Premises, including any
mechanical or electrical equipment, furniture, and furnishings provided by the
LANDLORD, as they now exist, signed by both Parties, are attached to and made
part of this Lease.
ARTICLE THREE: LEASE TERM
The term of this Lease shall be for ____ months/years,
beginning
____________, 20__, and ending ________________, 20__.
ARTICLE FOUR: LEASE RENEWAL
The Lease is renewable by the TENANT under these same
terms and conditions for ___ further period[s] of ___ years, or until [date].
Written notice of the TENANTs intent to renew must be given to the LANDLORD at
least ___ days prior to the date the Lease term or any renewal period would
otherwise expire.
ARTICLE FIVE: PAYMENT
The TENANT shall pay the
LANDLORD as follows:
A. Base Rent -The base annual rent for the initial
lease term is _____. It will be paid in
[monthly/quarterly/tri-annual/semi-annual/annual] installments of ____ [state
amount and currency].
If the renewal option is
exercised, the base rent in the renewal period(s) shall be as stated in Article
4.
B. In addition to and separate from the base rent, the
TENANT agrees to pay the following expenses, none of which are included in or
affected by the base rent or any escalations thereof:
i. Building Operating Expenses- Where the leased space
is or will be part of a multi-tenant building or development, the initial
estimate for annual building operating expenses in relation to the leased
Premises is ____, and will cover the following costs in respect of any common
areas: utilities, janitorial activities, landscaping, insurance, property
taxes, salaries for landlord staff and contractors, building systems service
contracts and maintenance of the propertys common spaces which are not leased
by the TENANT, elevators, swimming pool upkeep, exercise facilities, faade,
signage, etc. [see instructions for allowable operating
expenses]. It will be paid [monthly/quarterly/tri-annually/semi-annually/annually]
in equal amounts.
ii. Other Non-rent Expenses Paid to LANDLORD - The
following expenses shall be paid directly to the LANDLORD. They are separate
from base rent and building operating expenses, and are not subject to rental
escalations of any kind. All amounts payable hereunder shall reflect actual
expenses paid by the LANDLORD, based on [CHOOSE ONE: TENANT consumption, as measured for the TENANTs leased space by
individual utility meters on site OR the percentage of space occupied by the TENANT within the
building]. These non-rent expenses, listed below, will be paid on the
following schedule:
EXPENSE
AMOUNT SCHEDULE
|
TAXES (VAT)
|
$
|
|
Utilities paid to the landlord
|
$
|
|
|
FURNITURE - IF LANDLORD FURNISHED
|
$
|
|
|
[IF APPLICABLE: Others
identified by the parties]
|
$
|
|
iii. Other Non-rent Expenses Paid to Third Parties If
applicable, the TENANT agrees to pay the following expenses directly to the
appropriate supplier or service provider: brokers fees; Home Owners/Condo/Management
fees paid directly to the association; consumption charges for electricity,
water, gas, sewage, and/or trash paid directly to the service provider based on
consumption as measured for the TENANTs leased space; phone, internet and/or
cable TV.
C. Annual Review of Building Operating Expenses - In
the first month of each tax year, the LANDLORD will submit operating expense
receipts to an independent accounting firm for auditing, to be completed before
the end of the second month of the relevant tax year. If the audit reveals
that the LANDLORD justifiably paid more in operating expenses than the TENANT
remitted during the year, the TENANT will pay the difference. If the audit
reveals that the LANDLORD paid less in legitimate operating expenses than it
collected from the TENANT, the LANDLORD will credit or refund any excess
operating expense funds to the TENANT.
The actual operating expenses of each year,
confirmed by the audit, will be the basis for the estimate of operating costs for
the subsequent year. These expenses are not subject to any rental escalation.
D. Upgrades and Improvements In addition to and
separate from the above, the Parties agree that in consideration of the rents
to be paid under the Lease, the LANDLORD shall provide the following upgrades
or improvements [detail as much as possible, including attachments to the
lease] no later than [date] at the LANDLORDS sole cost and expense:
1.
[security upgrades];
2.
[fire/life/safety modifications]
3.
[exterior landscaping or facility improvements]; and
4.
[exterior lighting/ generator/ other upgrades/improvements].
Notwithstanding any other provision of this Lease, no
rent, operating expenses, or other similar amounts shall be due or payable in
respect of the period before the LANDLORD has completed, and the TENANT has
accepted, the above upgrades or improvements.
E. Annual Appropriations - All financial obligations of
the TENANT resulting from this Lease are subject to the availability of funds
appropriated annually by the Congress of the United States of America.
ARTICLE SIX: WARRANTIES
A. The LANDLORD warrants that he/she/it is the sole and
lawful owner of the Premises and that he/she/it is duly authorized and able to
enter into this Lease and perform its obligations hereunder, and that this
Lease and the TENANTs rights hereunder do not and will not conflict with any
rights of LANDLORD or any third party or governmental entity. The LANDLORD
also warrants that the TENANT shall peaceably enjoy possession of the Premises
for the Lease term (and any extensions thereof) without any interruption or
disturbance from the LANDLORD or any other person claiming by, from, through,
or under the LANDLORD or otherwise. The LANDLORD further warrants that he/she/it
will hold the TENANT free and harmless from any and all demands, claims,
actions or proceedings by any other party in regard to the leased Premises.
B. The LANDLORD will handle and settle or otherwise
dispose of all demands, claims, actions, or proceedings by others in respect of
the TENANTs right of quiet possession. If the TENANT has notified the
LANDLORD in writing of the demand, claim, action or proceeding, and the
LANDLORD has failed to take timely action to handle, settle or otherwise
dispose of such demand, claim, action or proceeding, then the TENANT may defend
its right to quiet possession, and the LANDLORD agrees to reimburse the TENANT
for any and all costs incurred thereby (including, without limitation, all
attorneys fees and costs) as soon as practicable after the TENANTs
presentation of its claim for such expenses.
C. The TENANT warrants that the person executing this
Lease on its behalf has all requisite power and authority to enter into this
Lease on behalf of the United States of America.
ARTICLE SEVEN: LANDLORD RIGHTS
AND RESPONSIBILITIES
A. Right of Entry. For the purpose of maintaining the
Premises, the LANDLORD reserves the right to enter the Premises to inspect and
make any necessary repairs, so long as such entry is at prearranged times, with
the consent of the TENANT, and, at the TENANTs discretion, in the presence of
a TENANT employee. The TENANTs consent shall not be
unreasonably withheld. The LANDLORD may not, however, gain access to sensitive
or secured areas, as determined by the TENANT in its sole discretion.
B. LANDLORD-provided services. The LANDLORD shall furnish or otherwise provide to the TENANT the
following utility connections or other services during the Lease term:
___________________________________ . These services will be provided at no
additional cost to the TENANT.
C. Maintenance Responsibilities. The LANDLORD shall, at his/her/its own cost and expense, be responsible
for all maintenance, structural work, and repairs to the Premises that are not
the responsibility of the TENANT under this Lease. This includes, but is not
limited to, maintenance and repair of the following:
1. structural elements such as walls, ceilings,
roofs, floors, and foundations;
2. building systems such as electrical distribution,
plumbing, ventilation, heating, and air conditioning, and associated fixtures;
3. equipment such as elevators, escalators, and
LANDLORD-supplied generators, air-conditioning units, water filtration systems,
laundry facilities, and kitchen appliances; and
4. fire warning and protection systems.
The LANDLORD acknowledges that fulfillment of all
of its obligations hereunder, including keeping the building, its systems, and
all common and external areas thereof in good repair and tenantable condition,
is a fundamental condition of this Lease and that this obligation must be
fulfilled to make the Premises appropriate for use by the TENANT.
D. Responsibility for Damages. The LANDLORD will
be responsible for any damages caused by the breakdown of any building systems
or any failure to maintain the common areas of the Premises. The LANDLORD
accepts full and sole responsibility for any claim arising in connection with
damage or injury sustained through the use of public entrances, stairways,
elevators, hallways and conveniences. The LANDLORD shall not be responsible for
interruptions in utilities, beyond LANDLORDs control, supplied by municipal
sources.
E. Emergency Repairs.
i. Emergency: In this context, emergency means any
physical condition or event that renders all or a significant portion of the
Premises substantially unusable by the occupants for the intended purpose,
taking into account prevailing weather and other natural conditions.
ii. The LANDLORD or its authorized representative must
respond to the TENANTS notice of an emergency by visiting the property within
eight (8) hours of being notified in any manner. The LANDLORD agrees to
complete, at its sole expense, emergency repairs within 48 hours after
receiving notice from the TENANT, except that where repairs cannot be completed
within 48 hours, the LANDLORD shall perform all necessary temporary repairs to
prevent further deterioration of or damage to the Premises or their contents
within the same 48 hours, and within the following 48 hours present a schedule,
reasonable in the circumstances and acceptable to the TENANT, for completing
all required repairs.
iii. For any emergency repairs that the LANDLORD is
responsible for but does not handle in this manner, the TENANT may undertake
the repairs at the LANDLORDs sole expense. Any funds expended by the TENANT
in this regard shall be deemed prepaid rent and the next rental payment shall
be reduced by that amount. If all rental payments have been made, or the
amount expended exceeds the amount of any remaining rental payments, the
LANDLORD shall make a direct refund to the TENANT.
F. Non-Emergency Repairs.
i. Within 72 hours of receiving written notice from
the TENANT of the need for specific non-emergency repairs, the LANDLORD shall
provide a schedule for completing all required repairs within seven (7)
business days for acceptance by the TENANT.
ii. For any repairs that the LANDLORD is responsible
for but does not handle in this manner, or complete as required, the TENANT may
undertake the repairs at the LANDLORDs sole expense. Any funds expended by
the TENANT in this regard shall be deemed prepaid rent and the next rental
payment shall be reduced by that amount. If all rental payments have been
made, or the amount expended exceeds the amount of any remaining rental
payments, the LANDLORD shall make a direct refund to the TENANT.
G. Taxes, Fees, and Assessments. The LANDLORD accepts
full and sole responsibility for the payment of all fees, taxes, levies,
duties, and other charges of a public nature that are or may be assessed
against the property, including all use, ownership, and property taxes.
Further, all expenses, if any, incurred in connection with the execution or
registration of this Lease, including without limitation notarial charges,
registration charges, transaction taxes, stamp duties, or other fiscal charges,
shall be paid by the LANDLORD.
H. Registration. If local law permits the LANDLORD to
register this Lease, he/she/it warrants that he/she/it will do so at
his/her/its sole expense, and, if so required by the TENANT in writing,
he/she/it will provide the TENANT proof of registration within a reasonable
time following the execution of this Lease or extensions thereof.
I. Claims. The LANDLORD accepts full and sole
responsibility for any claims arising from the TENANT or from third parties for
damage or injury sustained when the LANDLORD has failed to maintain or repair
the Premises or any systems or common areas as required by this Lease. The
LANDLORD also accepts responsibility for damage or injury sustained by TENANT
or third parties and resulting from the negligence or willful acts of the LANDLORD,
LANDLORDs agents, or employees.
ARTICLE EIGHT: TENANT RIGHTS
AND RESPONSIBILITIES
A. The TENANT shall have the right, during the
existence of this Lease, to erect structures, additions and signs, to make
alterations, and to attach fixtures in or upon the Premises. This includes the
right to affix a flagstaff, a U.S. flag, a U.S. seal, and office signs and
insignia on the Premises leased. Such fixtures, additions, or structures
placed in or upon or attached to the said Premises shall be and remain the
property of the TENANT and may be removed before, at the time of, or within a
reasonable time after the Lease or any extension thereof expires or is
terminated.
B. The TENANT shall, unless specified to the contrary,
maintain the said Premises in good repair and tenantable condition, including
minor maintenance such as trash removal, sweeping or vacuuming floors, general
lawn and yard care if the Premises consist of a single-family home, cleaning up
after pets if applicable, cleaning A/C filters, repairing damage caused by the
TENANTs use beyond normal wear and tear, and replacing light bulbs during the
continuance of this Lease. The TENANT is not responsible for damage caused
directly or indirectly by the elements, force majeure, or circumstances or
parties not under the TENANTs control.
ARTICLE NINE: ASSIGNMENT AND
SUBLEASE
A. The TENANT may at any time assign its interest in
the Premises or any portion thereof or sublet the Premises or any portion
thereof to any party without the prior consent of the LANDLORD.
B. If the LANDLORD intends to assign its rights and
responsibilities under the Lease to a third party, or if the LANDLORD intends
to transfer its interest in the property to a third party by any method, the
LANDLORD shall give to the TENANT written notice of the identity of such third
party at least 90 days before to the transfer or assignment. The TENANT agrees
to keep this information confidential until after the transfer is complete.
The TENANT may, within 90 days of receipt of the notice, terminate the Lease.
ARTICLE TEN: PURCHASE OPTION
A. The LANDLORD hereby grants to the TENANT, in
consideration of this Lease and the rental rates agreed to above, a firm option
to purchase, in fee simple absolute and free of all encumbrances, the Premises
covered by this Lease, including land, improvements and all appurtenances. The
entire purchase price is ________.
B. The decision to exercise the option to purchase is
at the sole discretion of the TENANT, and shall not be construed to create any
obligation by the TENANT to purchase the property under any circumstances, or
to create any right in the LANDLORD to compel a sale.
C. This option to purchase shall continue open and in
full force for the Lease term and any renewals thereof. If and when the TENANT
exercises the said option to purchase, the LANDLORD covenants and agrees to
convey to the United States of America an unencumbered fee simple absolute
title (complete and perpetual ownership) to the Premises covered by this Lease,
including the land, improvements and all appurtenances, by deed with covenant
of warranty and covenant against encumbrances.
ARTICLE ELEVEN: INSURANCE
A. The LANDLORD shall bear responsibility for all risk
of loss of or damage to the Premises for the entire term of this Lease arising
from any causes whatsoever, other than TENANT fault, including but not limited
to: fire; lightning; storm; tempest; explosion; riot; civil commotion;
malicious or criminal acts of destruction; bursting or overflowing of water
tanks, apparatus or pipes, boiler or machinery; flood; labor disturbance;
earthquake; and any other casualty or Act of God.
B. The LANDLORD shall adequately insure the property
against all risks enumerated above and all risks normally covered under
standard property insurance. The LANDLORD shall also carry adequate personal
injury and liability insurance to cover all risks for which he/she/it is
responsible hereunder. Evidence of the LANDLORDs insurance coverage shall be
furnished to the TENANT within 21 days after the parties sign the Lease, and
the TENANT reserves the right to ask in intervals thereafter for proof that the
policy remains in force; the TENANT may withhold rent until the LANDLORD
provides such proof.
C. Each party, respectively, shall be liable for
damages to the leased Premises caused by its own fault or negligence, or that
of its agents or employees.
ARTICLE TWELVE: DESTRUCTION OF
PREMISES
A. Whenever the Premises or any essential part thereof
shall be destroyed or rendered unfit for further tenancy through fire,
vandalism, earthquake, flood, storm, war, civil disturbance, Act of God, or
other similar casualty, this Lease shall, at the option of the TENANT,
immediately terminate upon provision of written notice to the LANDLORD. In
the event of such termination, no rent shall accrue to the LANDLORD after
he/she/it receives the TENANTs written notice.
B. If the Lease is terminated, the LANDLORD shall
within 45 days of termination refund any advance rental payments in excess of
rental liabilities accrued to the date of termination.
C. In case of partial destruction or damage to the
Premises from the above-described causes, the TENANT may terminate this Lease
only in part at its option and remain in the portion of the Premises that
remains tenantable. Should the TENANT elect to remain in Premises rendered
partially untenantable, a proportionate rebate or reduction of prevailing
rental payments will be allowed and will be reflected in an amendment to this
Lease to be signed within 2 months after the damage occurs.
ARTICLE THIRTEEN: LANDLORDs
DEFAULT
In the event the LANDLORD fails to fulfill any of its
obligations under this Lease (default), and where this Lease specifically
provides no other remedy for such failure, the TENANT is entitled either to
terminate this Lease, or, at its option, to take any measures which it deems
necessary to establish the conditions contemplated by this Lease at the entire
expense of the LANDLORD, including offsetting rental payments against any cost
incurred by the TENANT due to LANDLORD default. The TENANT will provide
written advance notice to the LANDLORD of its intention to take action in
accordance with this Article.
ARTICLE FOURTEEN: TERMINATION
A. The TENANT may, for its convenience, terminate this
Lease in whole or in part at any time, if it determines that such termination
is in the best interests of the TENANT, by giving written notice to the
LANDLORD 30 days in advance. If the TENANT terminates this Lease in accordance
with this clause, the TENANT shall not be liable for any charges additional to
those normally incurred up to the date the Lease is terminated.
B. The LANDLORD further agrees to make a pro rata
refund of any rent payments made for periods beyond the date the TENANT
surrenders the Premises in pursuance of any of the TENANTs termination rights
as contained in this Lease.
ARTICLE FIFTEEN: DISPUTES
RESOLUTION
A. In the event that any disputes arise concerning the
text of this Lease, the English language version controls.
B. Any disputes arising between the Parties hereto
concerning this Lease that cannot be resolved in negotiations between the
LANDLORD and TENANT, shall be settled in accordance with the dispute settlement
provisions that follow:
1. This Lease is subject to the Contract Disputes Act
of 1978, as amended (41 U.S.C. 7101 et seq.) (the Act). Except as provided
in the Act, all disputes arising under or relating to this Lease shall be
resolved exclusively under this Article; the Parties hereby waive any right
they might have to bring suit in respect of any disputes or claims arising
under or relating to this Lease.
2. Claim, as used in this Article, means a written
demand or written assertion by the LANDLORD or TENANT seeking, as a matter of
right, the payment of money in a sum certain, the adjustment or interpretation
of the Lease terms, or other relief arising under or relating to this Lease. A
claim arising under the Lease, unlike a claim relating to the Lease, is a
claim that can be resolved under an article of this Lease that provides for the
relief sought by the claimant. However, a written demand or written assertion
by the LANDLORD seeking the payment of money exceeding U.S. $100,000 is not a
claim until certified as required by subparagraphs 4(A) through 4(D) of this
Article. A voucher, invoice, or other routine request for payment that is not
in dispute when submitted is not a claim under this Act. The submission may be
converted to a claim under the Act, by complying with the submission and
certification requirements of this Article, if it is disputed either as to
liability or amount or is not acted upon within a reasonable time.
3. A claim by the LANDLORD shall be made in writing and
submitted within 6 years after accrual of the claim to the TENANTs Contracting
Officer for a written decision. A claim by the TENANT against the LANDLORD
shall be subject to a written decision by the TENANTs Contracting Officer.
4. (A) The LANDLORD shall provide the certification
specified in subparagraph 4(C) of this Article when submitting any claim
exceeding U.S. $100,000; or regardless of the amount claimed, when using
Arbitration conducted pursuant to 5 U.S.C. 575-580 or any other alternative
means of dispute resolution (ADR) technique that the TENANT elects to handle
in accordance with the Administrative Dispute Resolution Act (ADRA) (5 U.S.C.
571 et seq).
(B) The certification requirement does not apply to
issues in controversy that have not been submitted as all or part of a claim.
(C) The certification shall state as follows: I certify
that the claim is made in good faith; that the supporting data are accurate and
complete to the best of my knowledge and belief; that the amount requested
accurately reflects the Lease adjustment for which the LANDLORD believes the
TENANT is liable; and that I am duly authorized to certify the claim on behalf
of the LANDLORD.
(D) The certification may be executed by any person
duly authorized to bind the LANDLORD with respect to the claim.
5. For LANDLORD claims of U.S. $100,000 or less, the
TENANTs Contracting Officer must, if requested in writing by the LANDLORD,
render a decision within 60 days of the request. For LANDLORD-certified claims
over U.S. $100,000, the TENANTs Contracting Officer must, within 60 days,
decide the claim or notify the LANDLORD of the date by which the decision will
be made.
6. The TENANTs Contracting Officers decision shall be
final unless the LANDLORD appeals or files a suit as provided in the Act.
7. If the claim by the LANDLORD is submitted to the
TENANTs Contracting Officer or a claim by the TENANT is presented to the
LANDLORD, the Parties, by mutual consent, may agree to use Alternate Dispute
Resolution (ADR). If the LANDLORD refuses an offer for Alternate Dispute
Resolution, the LANDLORD shall inform the TENANTs Contracting Officer, in
writing, of the LANDLORDs specific reasons for rejecting the request. When
using arbitration is conducted pursuant to 5 U.S.C. 575-580, or when using any
other ADR technique that the agency elects to handle in accordance with the ADRA,
any claim, regardless of amount, shall be accompanied by the certification
described in subparagraph 4(C) of this Article, and executed in accordance with
subparagraph 4(D) of this Article.
8. The TENANT shall pay interest on the amount found
due and unpaid from:
(A) The date the TENANTs Contracting Officer receives
the claim (certified if required); or
(B) The date that payment otherwise would be due, if
that date is later, until the date of payment. With regard to claims having
defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be
paid from the date that the TENANTs Contracting Officer initially receives the
claim. Simple interest on claims shall be paid at the rate, as fixed by the
U.S. Secretary of the Treasury as provided in the Act, which is applicable to
the period during which the TENANTs Contracting Officer receives the claim,
and then at the rate applicable for each 6-month period as fixed by the U.S.
Secretary of the Treasury during the pendency of the claim.
9. The LANDLORD shall proceed diligently with
performance of this Lease, pending final resolution of any request for relief,
claim, appeal, or action arising under or relating to the Lease, and comply
with any decision from the TENANTs Contracting Officer.
10. In the event that both Parties have complied fully
with all the provisions of this Article, but one of the Parties is dissatisfied
with the final decision, the aggrieved Party may, at its option, either appeal
the decision to the U.S. Civilian Board of Contract Appeals, or file a suit in
the U.S. Court of Federal Claims.
ARTICLE SIXTEEN: CHOICE OF LAW
The terms of this Lease shall be construed in accordance
with the local laws governing the situs of the Premises leased hereunder.
ARTICLE SEVENTEEN: SCOPE OF
AGREEMENT AND LEGAL CONSTRUCTION
A. This Lease cancels all other agreements that the
Parties may have previously entered into which relate to the Premises, and this
written agreement constitutes the entire understanding of the Parties.
B. Oral discussions and representations made during
negotiation of this Lease shall not be construed to be terms of this Lease.
C. Any changes, additions, variations, or modifications
of the terms of this Lease shall not be valid unless made in writing and signed
by both Parties hereto. For the purposes of this paragraph, only the signature
of the (Principal Officer, General Services Officer, Management Officer, USAID
EXO, or Mission Director) at the U.S. Embassy/USAID Mission in ______________
shall be deemed valid and binding as against the TENANT.
D. Neither failure of either Party to insist upon
strict performance of any agreement, term, covenant, or condition hereof, nor
failure of either Party to exercise any right or remedy consequent upon a
breach thereof, shall constitute a waiver of any breach or a waiver of such
agreement, term, covenant, or condition in the future.
E. An invalidation of one of the clauses of this Lease
agreement shall not be grounds for invalidation of any other clauses.
ARTICLE EIGHTEEN: NOTICES
A. All notices under this Lease agreement, other than
legal service of process, shall be delivered to the persons at the addresses
set forth below:
For the LANDLORD: For the TENANT:
________________ ________________
Address (Title, i.e., General Services
Officer,
Management Officer, Executive
Officer, Mission Director)
at U.S.
Embassy/Consulate General/
Consulate/USAID Mission
Address
B. Legal service of process upon the TENANT shall be
made through the Ministry of Foreign Affairs in accordance with customary
international law.
ARTICLE NINETEEN: CERTIFICATION
AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
A. The LANDLORD, by signing this Lease, hereby
certifies to the best of his/her/its knowledge and belief that on or after
December 23, 1989:
1. No appropriated funds of the United States
Government have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency of the United
States Government, a member of the United States Congress, an officer or
employee of the United States Congress, or an employee of a Member of the
United States Congress on the LANDLORDs behalf, in connection with the award
of any United States Government contract (including this Lease), the making of
any United States Government loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification
of any such contract, grant, loan, or cooperative agreement.
2. If any funds other than United States Government
appropriated funds (including profit or fee received under a covered Federal
transaction) have been paid, or will be paid, to any person for influencing or
attempting to influence an officer or employee of any agency of the United
States Government, a member of the United States Congress, an officer or
employee of the United States Congress, or an employee of a Member of the
United States Congress, on the LANDLORDs behalf in connection with this Lease,
the LANDLORD shall complete and submit to the Contracting Officer, prior to the
execution of this Lease, OMB Standard Form LLL, Disclosure of Lobbying
Activities.
3. The LANDLORD will include the language of this
certification in any contract awarded by LANDLORD to fulfill LANDLORDs
obligations under this Lease that exceeds U.S. $100,000, and will require that
all recipients of such contract awards shall certify and disclose accordingly.
B. Submission of this certification and disclosure is a
prerequisite for making and entering into this Lease imposed by Section 1352,
Title 31, United States Code. Any person who makes an expenditure prohibited
under this provision or who fails to file or amend the disclosure form to be
filed or amended by this provision, shall be subject to a civil penalty of not
less than U.S. $10,000, and not more than U.S. $100,000, for each such failure.
SIGNATURES
IN WITNESS WHEREOF, the Parties have affixed their
signatures this ______day of ________________, 20__.
LANDLORD: TENANT:
(Typed Name) United States of America
By ________________ _ By ________________
(Typed Name) (Typed Name)
(Title, i.e., General Services Officer, Management Officer, Executive Officer,
Mission Director) at U.S. Embassy/Consulate
General/Consulate/USAID Mission)
15 FAM 352 Lease Amendment
(CT:OBO-80; 01-22-2019)
(Amend, as appropriate, for use with
USAID leases.)
Amendment No. _________to
Lease No. __________
Date ______________
Post ______________
PropID ____________
(1) Reference is made to Lease Number ___________
entered into on ______________ (Date), (Year) ____ between ___________________
(Name of LANDLORD), LANDLORD, and the United States of America, acting by
_____________________ (Name and Title of Officer), TENANT, for
_____________________ (Type of Space) at __________________________ (Address)
_______________________, and amendments to such Lease if any.
(2) In consideration of the LANDLORD providing
_______ square feet of additional space, the TENANT hereby agrees to pay
additional rent in the amount of __________ (quarterly, annually) commencing on
________ (Date), ____ (Year).
(or)
The LANDLORD hereby grants permission to the TENANT to
install (air-conditioning, grill bars, shelving, kitchen sink, sanitary facilities,
etc.) in the above-mentioned Premises, such installations to remain the
property of the TENANT, subject to removal upon termination of the said Lease
without obligation to restore the Premises to original condition.
(or)
Article _______ of said Lease is hereby amended to provide
for maintenance of the Premises by the TENANT for which the rent shall be
reduced to ___________ annually, effective _____________ (Date), ____ (Year).
(or)
Whereas, Article _______ of said Lease now reads
______________________, it is deemed in the best interest of both Parties
that it be changed to read _______________________ as of the date of signing
this Agreement.
(3) Therefore, it is agreed by and between the LANDLORD
and the TENANT that the referenced Lease is hereby amended as indicated in (2)
above, all other provisions of the said Lease remaining the same and unchanged.
In witness thereof, the Parties have hereunto subscribed
their names this __day of (Month) ________, (Year) ____.
The United States of America, Acting By:
(Name and Title)
____________________________________________ TENANT
(Name, Title, and Address)
__________________________________ LANDLORD
15 FAM 353 Termination and Acquittance
Agreement
(CT:OBO-80; 01-22-2019)
Date ______________________
City _______________________
Lease No. __________________
PropID _____________________
(1) Reference is hereby made to Lease number
____________ dated (Date), (Year) and Amendments, between (Name of LANDLORD)
________________ as LANDLORD and the United States of America as TENANT,
providing for the Lease of the following described Premises:
(Brief description of Premises with street address)
(2) The Lease on the above Premises is considered
cancelled and terminated effective (Date), and the LANDLORD hereby acknowledges
that the Premises (and furnishings) were returned by the TENANT to the LANDLORD
on (Date) _______________, in a condition acceptable to the LANDLORD, free of
any and all claims against the United States Government or any agency, agent,
or employee thereof.
(3) In witness thereof both the Parties have
hereunto signed as of the date given below:
DATED AT _________________ (Post) ______________ this __
day of _______ (Month), _________ (Year) ____.
The United States of America, Acting By:
(Name and Title)
__________________________________________ TENANT
(Name, Title, and Address)
________________________________ LANDLORD