N.H. Admin. Code § Adm 808.01 - Form of Leases at No Cost or with a Total Value Equal to or Greater than the Governor and Council Approval Threshold

(a) In regard to leases at no cost or with a total value equal to or greater than the governor and council approval threshold for the duration of the agreement, the proposed lessor selected and the agency shall, if the process has not been cancelled by the state, execute a standard lease agreement available from the division as set forth below.

(b) Unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, an agency shall provide at least the following on a standard lease agreement available from the division:

(1) The date of the lease;

(2) The full name of the proposed lessor;

(3) If applicable, the state where the proposed lessor is incorporated;

(4) The street address of the proposed lessor's principal place of business, including street number, street, city, state, and zip code;

(5) The proposed lessor's telephone number;

(6) The name of the department entering into the lease;

(7) The full address of the tenant's primary business office;

(8) The tenant's telephone number;

(9) The location of the space to be leased, including the street number, street, city, state, and zip code;

(10) A description of the specific area of space to be leased, including square foot measurements and a description of the space's location in the building;

(11) The effective dates of the lease;

(12) The duration of the lease and the dates that occupancy and rental payments will begin and end;

(13) A description of any extensions of term;

(14) The annual and monthly rental amount, including any annual escalation in rent anticipated during the term;

(15) The date when the first month's rent is due;

(16) Whether or not provisions have been made for the payment of additional rent in certain defined circumstances;

(17) Whether or not the proposed lessor will provide utilities included in the annual rent and, if not, the utilities not included;

(18) Provisions defining the lessor's maintenance responsibilities in regard to the premises;

(19) The purpose for which the premises shall be used;

(20) General terms and conditions including:

a. A provision regarding indemnification;

b. A provision indicating that no provision in the lease is intended to be, nor shall it be, interpreted by either party to be a waiver of sovereign immunity;

c. A provision indicating that the lease will be interpreted according to the laws of New Hampshire;

d. A provision indicating that the lease embodies the entire agreement between the parties and supersedes all prior agreements relating to the subject matter of the lease; and

e. A provision indicating that the agreement may only be modified or amended by mutual agreement, in a writing signed by the parties, and that no amendment will become effective without the approval of the governor and executive council;

(21) Whether or not the proposed lessor will provide janitorial services included in the annual rent and if so, a schedule describing the services that will be provided;

(22) Whether or not certain improvements are to be made to the space either prior to or after tenant occupancy and if so, a statement of which party will be responsible for undertaking those improvements;

(23) The name of the agency entering the lease;

(24) The full name and title of the person authorizing the lease on behalf of the agency;

(25) The full name of the individual or association who will be entering the lease as a lessor; and

(26) The name and title of the person authorizing the lease on behalf of the proposed lessor.

(c) The standard lease agreement available from the division 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 governor and executive council.

(d) The terms and conditions of a standard lease agreement available from the division shall not be modified or amended without first obtaining the recommendation and approval of the New Hampshire department of justice.

(e) Unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, each standard lease agreement submitted by an agency for approval shall have attached thereto each of the following exhibits or attachments:

(1) A schedule of annual and monthly payments due during the initial term and during any extended term of the lease;

(2) If janitorial services are to be provided by the proposed lessor, a description of those services and how they shall be performed;

(3) 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, to the extent required by RSA 275-C and the federal Americans with Disabilities Act;

(4) Proof, in the form of a letter signed by the committee on architectural barrier-free design established pursuant to RSA 275-C, that the agency has received an opinion from that committee regarding whether the leased space meets barrier-free requirements;

(5) A description of the provisions made for testing for, and complying with, applicable clean air quality standards for state buildings in accordance with RSA 10-B, or a certificate of compliance with clean air quality standards;

(6) 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;

(7) If any modifications, amendments, or other alterations have been made to the standard lease agreement, the text of those changes;

(8) 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 addenda thereto;

(9) 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;

(10) 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;

(11) 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; and

(12) If the proposed lessor is not an individual, a fully executed certificate of authority, in such format as is specified 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, but such lease shall not be effective unless and until approved by the New Hampshire department of justice and the governor and executive council.

(g) The standard lease agreement shall contain spaces in which an authorized representative of the New Hampshire department of justice shall, if he or she approves of the agreement, provide his or her signature and the date thereof.

(h) The standard lease agreement shall contain spaces in which the approval of the governor and executive council, if any, shall be noted by the office of the secretary of state, together with the date of such approval.

(i) The clauses of the standard lease agreement shall incorporate any attached exhibits by reference.

Notes

N.H. Admin. Code § Adm 808.01

Derived from Number 37, Filed September 14, 2023, Proposed by #13708, Effective 7/29/2023, Expires 7/29/2033 (see Revision Note at chapter heading for Adm 800).