Current through Register No. 12, March 21, 2024
(a) In regard to
leases at a cost less than the governor and council approval threshold over the
duration of the agreement, the proposed lessor and the agency shall, if the
process has not been cancelled by the state, execute a standard lease agreement
form available from the bureau.
(b)
Unless modified, amended or otherwise altered with the approval of the New
Hampshire department of justice, an agency shall provide, on the standard lease
agreement form available from the bureau, at least the information set forth at
Adm
610.15(b) above.
(c) The standard lease agreement form
available from the bureau shall contain a provision indicating that the lease
and the commencement of its term, and any extensions thereof, is conditioned
upon its approval by the commissioner.
(d) The terms and conditions of a standard
lease agreement form available from the bureau shall not be modified or amended
except upon approval of the New Hampshire department of justice.
(e) Unless modified, amended or otherwise
altered following consultation with the New Hampshire department of justice, in
order to address the specific circumstances of the particular agreement, each
standard lease agreement form submitted for approval shall have attached
thereto each of the following exhibits or attachments:
(1) If any modifications or amendments to the
standard rental agreement have been made, the text of those changes;
(2) A current certificate of insurance from
the proposed lessor indicating that the proposed premises are insured in the
amounts specified in the proposed lease or in attachments or addenda
thereto;
(3) If the proposed lessor
is a New Hampshire corporation, partnership or other form of business
association, a current certificate of good standing, certificate of existence
or other documentation from the New Hampshire secretary of state indicating
that the proposed lessor is duly constituted and in good standing in the state
of New Hampshire;
(4) If the
proposed lessor is a corporation, partnership or other form of business
association not formed in New Hampshire, documentation from the New Hampshire
secretary of state that the proposed lessor is registered to do business in New
Hampshire;
(5) If not provided by
the proposed lessor under the terms of the proposed rental agreement, estimates
for the following services:
a.
Utilities;
b. Custodial
services;
c. Renovations;
d. Modifications;
e. Repairs; and
f. Recycling.
(6) A printed copy of an accurate floor plan
of the leased space, measurable to scale, which shall include an illustration
of the space that is to be for the agency's sole use, and any space to be
shared with other building occupants;
(7) If provision of designated parking spaces
is included in the lease, an accurate plan depicting the parking spaces and
their relation to the building and site;
(8) A schedule of annual and monthly payments
due during the initial term and during any extended term of the
lease;
(9) If janitorial services
are to be provided by the proposed lessor, a description of those services and
how they shall be performed;
(10) A
description of the provisions that are either in place or are contractually
agreed to be performed in the future in order to assure architecturally
barrier-free access leading into and extending throughout the lease space, in
accordance with RSA 275-C and the federal Americans with Disabilities
Act;
(11) A description of the
provisions made for testing for, and complying with, clean air quality
standards for state buildings in accordance with RSA 10-B, or a certificate of
compliance with clean air quality standards;
(12) A detailed description of any
improvements, renovations, modifications, new construction or other changes to
be made at the premises, containing accurate, measurable floor plans depicting
all proposed demolition and or new construction, and the specifications for all
new construction and materials;
(13) A statement regarding the manner in
which any waste materials for which markets are readily available will be
recycled, in accordance with
RSA
9-C:3; and
(14) If the proposed lessor is not an
individual, a fully executed certificate of authority, in such format as is
specified by the division following consultation with the New Hampshire
department of justice, indicating that the corporation or other entity has
resolved to enter the agreement and that corporate officers or other
representatives of the entity are authorized to act in regard
thereto.
(f) The
proposed parties to the lease shall provide authorized and notarized signatures
in the spaces provided on the standard lease agreement form, but such lease
shall not be effective unless and until approved by the commissioner according
to the standards set forth at
Adm
610.05(c).
(g) Any recommendation issued by the New
Hampshire department of justice for any modifications or amendments of the
standard lease agreement form may be noted by the New Hampshire department of
justice either on the proposed lease agreement form or in an attachment
thereto.
(h) The standard lease
agreement form shall contain a space in which the approval of the commissioner,
if any, shall be noted, together with the date of such approval.
The amended
version of this section by
New
Hampshire Register Volume 35, Number 23, eff.5/16/2015 is not yet
available.
