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					                         TENDER PACKAGE

   RENTAL OF PREMISES FOR OMIK GENERAL SERVICES
                    COMPOUND
                   Prishtine/Pristina


 INVITATION TO BID No. OMIK/RENT OF PREMISES/DB/2012




Enclosed Documents:

1. Instructions to Bidders.
2. Statement of Requirement for OMIK General Services Compound
   Prishtine/Pristina, Rental of Premises.
3. Submission Forms, including Property Specification Sheet (All Bidders to
   complete and Return as part of their Bid).
4. Draft OSCE Lease Agreement – for Information of Bidders only.
                           1. Instructions to Bidders

1. Ownership / Utilities / Taxes:
The following documentation is to be included in the Bid:
    Copies of all paperwork relevant to the ownership status of the premises on
       bid. Copies of the property deeds relating to the ownership of the land.
    In cases of construction in progress or property in process of registration al
       certificates and approvals available at this stage.
    Copy of approved construction plan and project containing in particular floor
       plans, surroundings and accesses, a swell as infrastructural connections to the
       public utilities networks and all other documentation that can assist in
       assessment of the venue.
    Statements from all relevant Utilities Companies showing the status of
       electricity, water, garbage and telephone accounts.
    Statement from the owner that all related taxes and/or duties assessed on the
       premises have been paid up to date.

2. OSCE reserves the Right:

   To short list bids and enter into negotiations with the short-listed Bidders.
   To undertake minor modifications/improvements to the property, as required,
    meeting the anticipated needs of the Mission.
   To request additional documentation before the contract award that can provide
    additional information regarding the property owner, including electronic versions
    of construction plans.
   To award contracts to property owners only.
   to accept or reject any bid, and to annul, in whole or in part, or to suspend the
    solicitation process and reject all bids at any time and without reason prior to
    award, without thereby incurring any liability to the affected Bidder(s).

3. OSCE Privileges and Immunities
Nothing in or relating to these Bidding documents shall be deemed a waiver,
expressed or implied, of any of the privileges and immunities of the OSCE.

4. OSCE Contact: Bidders may address technical questions related to this tender, in
   writing to the e-mail address: procurement.omik@osce.org or fax number: +381
   (0)38 55 11 27.
   Queries shall be shared by the OSCE with all prospective bidders.

5. Submission of Bids:

Bidders may always submit their Bids by mail or by hand in a sealed envelope.
     Bids must be made, where applicable, on your Company’s Letterhead be
       signed, dated and include the company stamp.
     The envelope shall:
       (a)     Be addressed to OSCE at the address indicated herein;
       (b)     Bear the OSCE Bidding Reference Number and Title indicated in the
       cover note to this Bidding Document, and a statement: “DO NOT OPEN
       BEFORE” to be completed with the deadline for the receipt of bids.
     The envelope shall also indicate the name and address of the Bidder to enable
      the bid to be returned unopened in case it is declared “late” or the bid is validly
      withdrawn by the Bidder.
     Bids must be submitted in hard copy only to the Procurement Section, 37,
      Abdyl Frasheri, 10000 Pristina, through the mailbox in the Visitor Room on
      the ground floor
     Faxes and e-mails will NOT be accepted. Please note that the OSCE is
      VAT/tax exempt and therefore price quotations should not include VAT.

Failure to comply with any of the above instructions may render the bid invalid.
If the envelope is not sealed and marked as required by the Bidding Documents, the
OSCE will assume no responsibility for the misplacement or premature opening of the
Bid.

Rental period is subject to the exigencies of the OSCE’s presence in the host country.
However, the lease agreement shall be concluded until the end of the calendar year,
subject to annual extensions that shall not exceed a period of 5 (five) years in
aggregate.

Bids must be received on or before 16th August 2012, 15:00 hrs. (CET).
                     2. STATEMENT OF REQUIREMENT
           RENTAL OF PREMISES FOR THE OMIK INSTITUTION
                        General Services Compound

The OSCE wishes to rent suitable premises in support of the OMIK Institution. The office
space will be required from 01 October 2012 conforming to the below listed requirements.


Essential Requirements:

   Location: Prishtinë/Pristina.
   Office Building: The Bidder may offer a ‘Stand alone’ building (single house) or floor
    space that is part of a larger building containing warehouse area as specified bellow.
    However, the floor net space offered must be of a minimum size 800 m² and a maximum
    size of approx 1000 m². It must be able to be configured to support the following spaces:
     Offices (combination of single and multiple) for 52 workstations, approx 450 m²
     Reception/ Waiting visitor area, approx 30 m2
     Conference/ Meeting rooms, approx 80 m²
     Toilets, a minimum of 2x2 restrooms each for male and female or for 25 persons each
         (4 sets of toilets). Each restroom is to contain WCs and a washbasin. The washbasin
         is to have both hot and cold water. Other restroom combinations, within the offered
         premise, that meets or exceeds this minimum requirement will be considered.
     Tea Room with a work bench, kitchen sink and hot and cold water, approx 30 m².
     ICT requirements: Server Room, Comms/ Telephone room: approx 50 m²
     Other supporting and communication areas (30%) of the total office space: approx
         150 m2
     Fire and safety regulations to be met (additional evacuation staircase and internal fire
         hydrant)
   Warehouse/Storage/Archive/Workshop Building: The Bidder may offer the stand
    alone building or combined with the required office space, as specified above. This
    building should have a height of 8-10m, specifically made for warehousing purposes
    (considering warehouse shelving). The offered floor space must be of a minimum size
    1100 m2 and a maximum size of approx 1500 m2. It must be able to be configured to
    support the following areas:
     Main warehouse of approx 650 m2
     Workshop area of approx 200 m2
     Other storage/archive areas of approx 250 m2
   Open space/ area for Storage containers and fleet Generators: The Bidder must offer
    the open space which (on the same site with the above Office and Warehouse areas) has
    the available area of a minimum size of 850 m2 and a maximum size of approx 1200 m2.
    It must be able to be configured to support the following areas, for:
     Storage containers: 28 units
     Fleet Generators: space of approx 260 m2
   Access and Parking: The site must have the main entrance and an emergency exit,
    proper access for a fuel truck and stores truck/ forklift for moving office stores and
    equipment to and from the building and for the refuelling of the generator and secure
    parking spaces, with the available area of a minimum size of 1400 m2 and a maximum
    size of approx 1700 m2. It must be able to be configured to support the following areas,
    for:
     45 (4x4) vehicles,
     1 Bus,
       1 Forklift,
       1 Truck.

Internal Fitments:
     The offered premises shall be centrally heated for winter and air-conditioned for
        summer.
     Toilets and Tea-Room shall have reticulated hot and cold water.
 Services: Connected and metered as appropriate to Water, Sewage and Power. The
    premises to have access to a regular garbage service.
 ICT/Phone: The building to have a serviced PTK landline capable of supporting a
    minimum of 2xTelephone Lines and 1xFax Line. The building shall meet the
    requirements for Lightening Protection.
 Emergency Power: There shall be sufficient, secure space on the outside of the building
    to place the main and backup generator and fuel tank.

Desirable Requirements:

   All windows to be double-glazed and fitted with vertical or horizontal blinds.
   Mix of single and three phase power outlets.
   All rooms and office spaces to be fitted with ceiling mounted fluorescent lighting.
   Security bars and grills fitted to all windows and external doors.
   Security lighting positioned on the outside of the building, including the site.
   Guard Hut placed in front of the main entrance and emergency exit.
   Site to have both front and rear street access.
   Site perimeter fencing.
   Site to have ‘off street’, secure parking.
                               3. SUBMISSION FORMS


A       Technical Bid Submission Form
 Note to Bidders: The Bidder shall fill in and submit this Technical Proposal Submission
 Form together with all other Forms contained in these Bidding Documents, forming the
 Bidder’s Technical Proposal.

                                                   Date: [Bidder to insert location and date]
                                          ITB No.: OMIK/RENT OF PREMISES/DB/2012

To:     OSCE Mission in Kosovo
        37, Abdyl Frasheri
        10000 Pristina

Ladies/Gentlemen:

        We, the undersigned, bid to provide the services for the Rental of Premises for OMiK
General Services Compound in accordance with your Invitation to Bid No. OMIK/RENT OF
PREMISES/DB/2012 dated 12 July 2012 and our Bid. We are hereby submitting our Bid,
which includes this Technical Bid, and a Financial Bid.

        We hereby declare that all the information and statements made in our Bid are true
and accept that any misinterpretation contained in it may lead to our disqualification.

         We confirm to comply with eligibility requirements specified the Bidding
Documents. We also confirm that any and all information provided is correct and truly
reflects our experience, qualifications and capacities.

       We accept and agree that the terms and conditions of Contract contained in the
Bidding Documents will apply to any contract resulting from this bidding exercise.

      We agree to abide by this Bid for the Bid Validity Period specified in the Bidding
Documents.


        We understand that the OSCE is not bound to accept any Bid, and that the OSCE
reserves the right to accept or reject any Bid and to annul or suspend the bidding process
whether in whole or in part and to reject all Bids at any time prior to the award of contract,
without the OSCE incurring any liability whatsoever.

                                      Yours sincerely,

                                  Authorized Signature:
                                Name and Title of Signatory:
                                      Name of Firm:
                                        Address:
                                          Date:
                      PROPERTY SPECIFICATION SHEET

General

Bidders are required to answer all the following questions pertaining to the property
they are offering OSCE and return this completed sheet as a part of their tender
(Technical Bid). It is divided into two sections. The first section concerns all
requirements considered ‘Essential’ by OSCE. Properties not meeting these basic
requirements will not attract a high priority when it comes to preparing a short list of
preferred properties.

The second section concerns those requirements that OSCE considers ‘Desirable’.
They are not mandatory for OSCE’s purposes; however, Bids meeting these
additional requirements will attract a strong preference for further investigation and
short-listing.

Should properties offered have additional features not highlighted in either of the
Essential or Desirable lists, Bidders are encouraged to add them as additional
features in order that OSCE can be fully apprised of the characteristics and true
potential of the property under consideration.

Bidders are reminded that the list of building features is not the single determinant for
OSCE when it comes to evaluating all tenders.

Where the question concerning a requirement asks for a ‘yes’ or ‘no’ answer, Bidders
are required to circle one or the other as their answer. If they wish to add additional
information to clarify their answer, separate attachments may be included as a part of
their Bid. Each such attachment should be clearly marked as to its relationship to this
questionnaire.

Co-renting is accepted.
General Information
 1. Name of Company:
 2. Street Address:                   City:                Postal Code:       Country:

 3. P.O. Box and Mailing
 Address:
 4. Telephone Number:
 5. Fax Number:
 6. Website:
 7a. Contact Name (for Bids):
 7b. Contact Title:
 7c. Contact email address:
 8a. Contact Name (for Contract
 signature, if different to 8):
 8b. Contact Title:
 8c. Contact email address:
 9. Parent Company, if any (full
 legal name):
 10. Principal subsidiaries, associates, and/or representative(s), if any:


 11. Corporate Seat:


Section 1 - Essential Requirements
Property Location:

Address: __________________________________



Office Building Size:

Floor Space: _______________________________

   Stand Alone Building: (please circle either yes or no)

                                                              Yes            No

If “NO”, please specify: ________________________________________________
_____________________________________________________________________



    Number of Rooms and Size of each Room:

       Rm. No 1.       _______________

       Rm No 2.        _______________

       Rm No 3.        _______________

       Rm No 4.        _______________

       Rm No 5.        _______________

       Rm No 6.        _______________

       Rm No 7.        _______________

       Rm No 8.        _______________
       Rm No 9.      _______________

       Rm No 10.     _______________

       Rm No 11.     _______________

       Rm No 12.     _______________

       Rm No 13.     _______________

       Rm No 14.     _______________

       Rm No 15.     _______________

       Rm No 16.     _______________

       Rm No 17.     _______________

       Rm No 18.     _______________

       Rm No 19.     _______________

       Rm No 20.     _______________

       Rm No 21.     _______________

       Rm No 22.     _______________

       Rm No 23.     _______________

       Rm No 24.     _______________

       Rm No 25.     _______________

       Rm No 26.     _______________


Warehouse Building Size:

Floor Space: _______________________________

   Stand Alone Building: (please circle either yes or no)

                                                         Yes          No

If “NO”, please specify: ________________________________________________

_____________________________________________________________________
Open space area for Storage Containers and Fleet Generators, Size:

Floor Space: _______________________________



Parking space area, Size:

Floor Space: _______________________________




Internal Fitments:

       Fitted with Air Conditioning:                  Yes                  No


       Fitted with Central Heating:                   Yes                  No



Services:

       Connected to metered Water Supply:             Yes                  No


       Connected to metered Power Supply:             Yes                  No


       Connected to Main Sewer:                       Yes                  No


       Garbage Service:                               Yes                  No


     Connected to PTK Landline:                       Yes                  No
    (Capable of supporting 3 x Lines)


External Surrounds:

   Does the offered premise (amongst all) have sufficient space external to the
    building to locate a main and backup Generator and Fuel Tank?

                                                       Yes                  No
   Does the offered premise have access from the main street to allow a stores
    truck and fuel truck to enter for the purpose of moving office equipment and
    fuelling the generator?

                                                              Yes                    No


   Does the offered premise have secure parking spaces?

                                                              Yes                    No



Section 2 - Desirable Requirements



       Are all windows and external doors containing glass panels in the offered
        premises (double glazed)?

                                                              Yes                    No


       Are all windows on external walls fitted with vertical and/or horizontal blinds?

                                                              Yes                    No


       If the office and corridor floors are not covered by carpet please state the floor
        coverings used in the building.

        _______________________________________________________________

       Are all bathroom floors covered with ceramic tiles?

                                                              Yes                    No


       If the bathroom floors are not covered by ceramic tiles please state the floor
        coverings used.

        _______________________________________________________________


       Is there a mix of single and three phase power outlets throughout the building?

                                                              Yes                    No
   Are all rooms and office spaces fitted with ceiling mounted fluorescent
    lighting?

                                                            Yes                 No

   Are security bars/grills fitted to all external windows?

                                                            Yes                 No

   Are security doors fitted to all external exits to the offered building / floor
    space and site?

                                                            Yes                 No

   Have security lights been fitted to the outside of the building?

                                                            Yes                 No

   Have security lights been fitted to the perimeter of the site?

                                                            Yes                 No

   Does the property have proper street access from both the front and rear?

                                                            Yes                 No

   Is the offered property enclosed by a security fence?

                                                            Yes                 No

   If the property is secured by a security fence, please indicate below the type of
    fence used.

    _______________________________________________________________

   Is the offered property, under the protection of a recognised Security
    Company?

                                                            Yes                 No

   If the offered property is under the protection of a recognised Security
    Company, please indicate the name of the Security Company engaged.

    _______________________________________________________________
B       Financial Bid Submission Form


 Note to Bidders: The Bidder shall fill in and submit this Financial Bid Submission Form
 together with all other Forms contained in these Bidding Documents, forming the Bidder’s
 Financial Bid.


                                                                    Date: [location and date]

                                          ITB No: OMIK/RENT OF PREMISES/DB/2012

To:     OSCE Mission in Kosovo
        37, Abdyl Frasheri
        10000 Pristina


Ladies/Gentlemen:

        We, the undersigned, bid to provide the services for the Rental of Premises for OMiK
General Services Compound in accordance with your Invitation to Bid No. OMIK/RENT
OF PREMISES/DB/2012 dated 12 July 2012 and our Bid consisting of Technical and
Financial Bids.

        Our attached Financial Bid is for the sum of [Bidder to insert amount in words and
figures] per month per square meter.

         Our Financial Bid shall be binding upon us subject to the modifications resulting
from contract negotiations, up to expiration of the validity period of the Bid, i.e. within 90
(ninety) calendar days from the deadline for the receipt of the Bids.

        We understand you are not bound to accept any Bid you receive.

        We remain,

                                      Yours sincerely,


                                  Authorized Signature:
                                Name and Title of Signatory:
                                      Name of Firm:
                                        Address:
                                          Date:
      4. LEASE AGREEMENT
between ___________________ [Lessor’s legal name]
and
the Organization for Security and Co-operation in Europe (OSCE) represented by the
OSCE [name of field operation]______________,
Table of Contents

SECTION I. DEFINITIONS AND INTERPRETATION ...........................................................
  1.1.     Definitions ...................................................................................................................
  1.2.     Interpretation ...............................................................................................................
SECTION II. TERMS AND CONDITIONS...............................................................................
  2.1      Object of the Lease ......................................................................................................
  2.2      Use of the Premises .....................................................................................................
  2.3      Ownership ...................................................................................................................
  2.4      Lease Period ................................................................................................................
     2.4.1      Lease Extension ...................................................................................................
  2.5      Rental Fee ....................................................................................................................
     2.5.1      Retroactive Rent Payment....................................................................................
     2.5.2      Advance Rent Payment ........................................................................................
     2.5.3      Payment of Rental Fee .........................................................................................
     2.5.4      Rental Fee Adjustment .........................................................................................
  2.6           Utilities and Charges
  2.6.1 NetLease ......................................................................................................................
  2.6.2 Gross Lease
  2.7      Hand-over Protocol .....................................................................................................
  2.9      Security, Access ..........................................................................................................
  2.10 Inventory .....................................................................................................................
  2.11 Alterations ...................................................................................................................
  2.12 Maintenance of the Premises .......................................................................................
  2.13 Sublease .......................................................................................................................
  2.14 Termination .................................................................................................................
  2.15     Early Termination .......................................................................................................
  2.16 Force Majeure..............................................................................................................
  2.17 Insolvency and Bankruptcy .........................................................................................
  2.18 Insurance .....................................................................................................................
  2.19 Taxes ...........................................................................................................................
  2.20 Liability .......................................................................................................................
  2.21 Staff Members not to Benefit ......................................................................................
  2.22 Privileges and Immunities ...........................................................................................
  2.23 Settlement of Disputes.................................................................................................
  2.24 Indemnification ...........................................................................................................
  2.25 Notices .........................................................................................................................
  2.26 Advertising ..................................................................................................................
  2.27 Discretion and Confidentiality ....................................................................................
  2.28 Amendments ................................................................................................................
  2.29 Waiver .........................................................................................................................
  2.30 Validity ........................................................................................................................
  2.31 Audit ............................................................................................................................
  2.32 General Provisions ......................................................................................................
The Lease is concluded between:           [Lessor’s legal name], hereinafter referred
to as the “LESSOR,” whose address is _______________________ [Lessor’s
address]
and
the Organization for Security and Co-operation in Europe (OSCE) represented by the
OSCE [name of field operation]______________, hereinafter referred to as the
“LESSEE,” whose address is _________________.

The Lessor and the Lessee are hereinafter collectively referred to as “the Parties.”




RECITALS


I. Definitions and Interpretation
1.1    Definitions:
For purposes of the Lease, the following terms are defined as follows:

Advance Rent Payment:                 any payment the Lessee transfers to the Lessor
                                      prior to the commencement of the Lease or each
                                      Lease Period to which the payment pertains.

Calendar Month:                       any month included within the Lease Period,
                                      starting from the first (1st) day of that month and
                                      ending upon the last day of that month.

Description of the Premises:          the description of the property which is the
                                      subject of the Lease that makes the premises
                                      distinctive such as the address of the premises
                                      the total number of floors, Gross Area of the
                                      Premises, a copy of the plan of the building and
                                      any other pertinent information concerning the
                                      clear distinction of the property, attached hereto
                                      as Annex (#) and incorporated by reference into
                                      the Lease.

Documentary Evidence:                 any written, certified originals or copies of any
                                      documents related to the Lease that have been
                                      properly authenticated by a relevant authority.

Encumbrances:                         any restriction, lien, claim, or third party right
                                      concerning the Premises.

Fixtures:                             all movable or immovable equipment, structures,
                                      or installations.

Force Majeure:                        exceptional events or circumstances, beyond a
                                      Party's reasonable control, occurring without its
                              fault or negligence, and/or incapable of being
                              avoided or addressed within the Lease, including
                              without limitation to acts of nature (including
                              fire, flood, earthquake, storm, hurricane or other
                              natural disaster), war, invasion, act of foreign
                              enemies, hostilities (whether war is declared or
                              not),     civil   war,    rebellion,   revolution,
                              insurrection, sabotage activities military or
                              usurped power or confiscation, terrorist
                              activities, nationalization, government sanction,
                              blockage, embargo, labor dispute, strike, lockout
                              or interruption or failure of electricity or
                              telephone service.

Gross Area of the Premises:   the total area of the Premises, including the
                              basement, corridors, stairways, restrooms,
                              kitchens, garage, storage rooms, and any other
                              facilities indicated in the certified Description of
                              the Premises.

Hand-Over:                    the point at which the Lessee assumes
                              responsibility for the Premises.

Hand-Over Certificate:        the document which outlines at the moment of
                              transfer of responsibility for the Premises
                              (including Hand-Over) the conditions of the
                              Premises, including obvious existing damage,
                              remaining deficiencies and maintenance, and
                              any other aspects of the Premises which the
                              Parties deem necessary to include.

Lease:                        the written contract between the Parties relating
                              to the Lessor’s agreement to rent the Premises to
                              the Lessee which includes the Terms and
                              Conditions, any attached Annexes, Documentary
                              Evidence, and all other documents incorporated
                              by reference.

Lease Period:                 the period starting from the date specified within
                              Section (#) of the Lease and terminating on the
                              date specified in Section (#) of the Lease.

Legal Owner:                  the individual or entity holding sole, exclusive,
                              valid, and legal title to the property, who has the
                              right to convey, sell, transfer, assign, or sublease
                              the property, and has no actual or constructive
                              notice of other claims, liens, or encumbrances on
                              the property.
Lessor:                       the person or entity named in the ‘LESSOR’
                              named field of the OSCE Lease Agreement, and
                              any legal successor(s) in title.

Maintenance:                  the combination of all technical and associated
                              administrative actions intended and needed to
                              retain the Leased Premises in, or restore them to,
                              a state in which they can perform their required
                              function. Maintenance may include, but is not
                              limited to, planned, preventative, corrective, and
                              emergency preservation.

Material Breach:              any failure by either Party to perform or fulfil
                              the terms and conditions of the Lease significant
                              enough to endanger the value and purpose of the
                              Lease.

Occupancy:                    the Lessee’s current physical possession of the
                              Premises, whereby the Lessee may freely use the
                              Premises in accordance with the terms and
                              conditions of the Lease.

Premises:                     the specific land, building, fixtures, easements,
                              rights of way, and any other facilities that the
                              Lessor has agreed to rent to the Lessee, and
                              which is illustrated in the certified Description
                              of the Premises.

Notice:                       any written statement by one Party to the other
                              Party related to any rights or obligations under
                              the Lease.

Rental Fee:                   the specific amount paid by the Lessee to the
                              Lessor for the Premises, which is agreed upon
                              by the Parties in Section (#) of the Lease.

Retroactive Rental Payment:   any sum the Lessee transfers to the Lessor after
                              the end of the Lease term or each Lease Period
                              to which the payment pertains.

Working Day:                  any day where it is possible to conduct regular
                              business     operations,   excluding     without
                              limitation to, weekends, holidays, national days,
                              and all other days where the national banks
                              where the Premises are located would be closed.

Additional Costs:             All costs that are related to the operation of the
                              Premises such as but not limited to the costs of
                              maintenance of the Premises, security etc..
Charges:                              charges by a local authority for services
                                      provided to the Premises.

Utilities:                            commodity or services provided by a public
                                      provider and subject to public regulations such
                                      as water and electricity supply


1.2    Interpretation:
The clause headings of the Lease are inserted for reference purposes and do not
govern or affect its interpretation.


II. Terms and Conditions
The Parties hereby agree to the following Terms and Conditions of the Lease.

2.1    Object of the lease:
The Lessor hereby leases to the Lessee and the Lessee hereby hires from the Lessor
the following Premises ______________ [house/building] located at
______________ [address of the premises] and consisting of ______ floors totalling
approximately _____square meters of Gross Area as identified in the Description of
Premises attached hereto as Annex (#) and incorporated by reference into this Lease.

(if applicable)
The premises is leased together with the following fixtures: _______
and _________parking spaces located at ________.

(if applicable)
[If the premises are to be shared with other occupants, the following provisions should
be included:]
The Lessor leases the Premises together with the common area shared with other
persons or entities such as the entrances to the building, its public halls, corridors,
elevators, stairways and public toilets.

The Lessor must also ensure the Lessee has unrestricted access to all common parts of
the Premises, including without limitation to, the entrances to the building, its public
halls, corridors, elevators, stairways, public toilets, and any other easements, rights of
way, or licenses enjoyed by the Premises.


2.2 Use of the Premises:
The Lessee is entitled to occupy the Premises for the duration of the Lease or any
renewal period. The Premises shall be used as______________ and for such other
purposes as the Lessee may desire.


2.3 Ownership
The Lessor represents and warrants to be the Legal Owner of the Premises and has
provided the Lessee with Documentary Evidence which verifies this fact, attached
hereto as Annex (#) and incorporated by reference into the Lease.


2.4   Lease Period:
The Lease will commence           on   ______________      and   will   terminate   on
______________.

2.4.1 Lease Extension

Option 2:
The Lease will continue thereafter from year to year, unless either Party gives Notice
to the other Party on or before ______________ [________ months] of the
termination of the Lease Period or any period of renewal.


The Terms and Conditions of the Lease will continue to be in effect and the Rental
Fee will remain unchanged.


2.5   Rental fee:
2.5.1 Retroactive Rent Payment

The Lessee will pay the Lessor ______EUROS for each Calendar Month. Upon the
Lessee’s receipt of an invoice, the Rental Fee shall be payable within
______________ [thirty (30) Working Days] following the end of the Calendar
Month to which the rent payment pertains. In the event the Lessee Occupies the
Premises is for less than a complete Calendar Month, the Rental Fee shall be
prorated.

2.5.3 Payment of Rental Fee
The Lessee shall pay the Rental Fee to the Lessor’s bank account at ______________

Timely payment requires that the Rental Fee has entered the account within the
periods specified in Sections 2.5.1 above.

2.6   Utilities, Charges and Additional Costs:
2.6.1 Net lease
The Rental Fee includes the following utilities, charges and additional costs:
___________________________________________________________________.

(if applicable)

Which is pro rated to reflect the portion of the building occupied by the OSCE.

(and)

The Lessor warrants and represents that electricity, heating, water and garbage
collection is provided to the Premises.
2.6.2. Gross Lease:
The Rental Fee does not include costs for Utilities, Charges and Additional Costs:

If the Lessee is billed directly, payment will be made directly to the billing agency for
the utility. If the Lessor is billed for the utilities, the Lessee will make payment to the
Lessor within ______________ [fourteen (14) Working Days] upon receipt of
original invoices by the Lessor. These invoices will be stamped as “paid by the
OSCE,” copied by the Lessee and subsequently returned to the Lessor.

(if applicable)

Option 1:
The Lessee shall pay pro rated costs for all utilities and charges based upon the
portion of the Premises Occupied by the Lessee.

The Lessee may install telephone, internet, and other telecommunication servicers at
its own cost and expense through direct contractual arrangements with service
providers.


2.8     Hand-over Protocol:
A Hand-over must occur upon commencement of the Lease Period as specified in
Section (#). Upon Hand-Over, a Hand-Over Certificate must be prepared by the
Lessor and the Lessee before Occupancy and will be attached hereto as Annex (#) and
incorporated by reference into the Lease. By signing the Hand-Over Certificate, both
Parties attest to the current condition of the Premises and any deficiencies/remaining
work that the Lessor has agreed to undertake. The Parties will agree in writing on a
certain time period to correct the deficiencies or finish remaining work. Should the
Lessor fail to correct any deficiencies, the Lessee is entitled to withhold any portion of
the Rental Fee to correct these deficiencies. The Lessee reserves the right to terminate
the Lease in accordance with 2.15.1.

Upon Hand-Over, the Lessee must receive ______keys to enter the Premises.


2.9     Security, Access:
The Lessee may, at its own expense and without further permission by the Lessor,
establish any security measures that it requires, including but not limited to, access
control and surveillance systems. The Lessor shall co-operate with and assist the
Lessee in facilitating and implementing these measures.

The Lessor must ensure that the Lessee’s staff has access to the Premises at all times.

2.10 Inventory:
The Lessor and the Lessee will agree on the inventory that should be part of the leased
premises. The Lessor has to remove all inventory the Lessee does not want to keep in
the premises before the Hand-Over.
At the time of Hand-Over, the Lessor must prepare and submit an inventory to the
Lessee of all Fixtures present within the Premises on an “Inventory of the Lessor’s
Fixtures at the Premises” which will be attached hereto as Annex (#) and incorporated
by reference into the Lease. Failure to do so constitutes a waiver of any right to any
claim that the Lessor may have against the Lessee in relation to any and all Fixtures
that may have been present in the Premises. The list shall include the condition,
quality, and quantity of the Fixtures.

2.11 Alterations:
The Lessee may install any Fixture as required. The Lessor understands and agrees
that any and all Fixtures installed by the Lessee at the Premises shall remain the
property of the Lessee, and that the Lessee may remove the aforementioned Fixtures,
or part thereof, at any time during the rental period or upon the termination, expiration
or cancellation of the Lease.

The Lessor and the Lessee shall register all such Fixtures upon installation at the
Premises on an “Inventory of Lessee’s Fixtures at the Premises,” which will be
attached hereto as Annex (#) and incorporated by reference into the Lease.

The Lessee shall be entitled to affix to the Premises appropriate signs, symbols or
flags and install necessary Fixtures or make necessary alterations to the Premises.
Statically structural alterations shall require the consent of Lessor. This consent shall
not be withheld unreasonable.

2.12 Maintenance of the Premises:
The Lessee must at all times keep the leased Premises in a habitable condition, and
upon expiration or termination of the Lease, shall leave the Premises in a condition
comparable to that which existed when received by the Lessee, excluding reasonable
wear and tear, or damage by elements or circumstances beyond the Lessee’s control.

The Lessor agrees that in the event of damage or destruction of the Premises, the
Lessor must proceed to repair, restore, replace or rebuild the Premises to the condition
that existed immediately prior to such damage or destruction. The Lessee shall make
reasonable efforts to give Notice to the Lessor as soon as practical. In the event that
any damage to the Premises requires urgent repair, the Lessee is authorized to effect
repairs, the cost of which shall be borne by the Lessor. In such circumstances, the
Lessee shall provide the Lessor with Documentary Evidence or invoices of such
repairs. Should the Lessee pay directly for any repairs or maintenance to the Premises
it will be entitled to deduct the amount of such repairs from any upcoming Rental Fee
payments. If damage or destruction is sufficiently minimal as not require urgent
repair, the Lessor shall effect all necessary repairs as soon as practical, the cost of
which shall be borne by the Lessor.

The Lessor must maintain the Premises and the building, including its entrances,
public halls, corridors, elevators, stairways, and public toilets in good repair and
habitable condition, including repainting and/or repairing at intervals of
______________[ years], or earlier if necessary.

The Lessor shall have the right, upon reasonable prior Notice to the Lessee, and at
reasonable times, to enter, inspect and make any necessary repairs to the Premises,
and may enter the Premises whenever reasonably necessary to make urgent,
emergency repairs.
2.13   Sublease:

The Lessee shall not sublease or transfer all or any part of the Premises, or assign the
Lease in whole or in part without the Lessor's consent; such consent shall not be
unreasonably withheld or delayed.

2.14: Termination:
The Lease may not be terminated before the end of the Lease Period unless otherwise
specifically authorized by the Lease.

2.15: Early Termination:
In the case of early termination of the Lease, the Lessor shall, within______________
[________month] of the Notice to terminate has been issued, reimburse to the Lessee
any Advance Rent Payments.

The Lease can be terminated before expiry of the Lease Period for the following
Grounds:

2.15.1. By either Party, if one Party believes that a Material Breach of the Terms and
Conditions of the Lease has occurred. In such case, it shall give Notice to the other
Party thereof and of the measures it considers necessary to rectify the situation. If the
other Party has not, within ______________ [one (1) month(s)] of receiving such
Notice, taken adequate measures to rectify the situation, the aggrieved Party shall
have the immediate right to terminate the Lease without prior notice. In this case the
Lessee will vacate the Premises within one month’s period.

2.15.2 By the Lessee in the event of a change in the Mandate of the Field operation
that makes the Lease no longer necessary, practical or economically feasible for the
OSCE, if the OSCE terminates its activities in general in ______________, in the
event of budgetary constraints, or if the OSCE acquires its own property in the
country. The Lessee shall give ______________ [______days] Notice of its intention
to terminate the Lease.

2.15.3 By the Lessee if a change in the ownership of the Premises occurs. The Lessee
shall give______________ [______ months] Notice of its intention to terminate the
Lease.

2.15.4 By the Lessor if the Lessee is in arrears with payment of the Rental Fee for
more than______________ [three (3)] consecutive Calendar Months commencing
from the date of the Notice by the Lessor that the Lessee is in arrears. The Lessor
shall have the immediate right to terminate the Lease without prior notice. In this case
the Lessee will vacate the Premises within one month’s period.

2.16 Force Majeure:
In the event of Force Majeure prohibits the Lessee from Occupancy of the Premises,
the Lease will terminate automatically seven (7) Working Days from the date of the
Force Majeure, unless the Lessee gives Notice to the Lessor within the seven (7)
Working Day period, of its intention to continue the Lease. In the event that the
Lessee undertakes to continue the Lease, the Lessor may, at any time after the Notice,
issue a subsequent Notice within fifteen (15) Working Days of an intention to
terminate the Lease.


2.17 Insolvency and Bankruptcy
Should the Lessor become insolvent or should control of the Lessor change by virtue
of insolvency, the Lessee may with immediate effect and without prejudice to any
other right or remedy available to it, suspend the performance of the Lessee’s
obligations or terminate the Lease with immediate effect, by providing the Lessor
with Notice thereof.

Should the Lessor be adjudged bankrupt, or should the Lessor make a general
assignment for the benefit of its creditors, or should a receiver be appointed on
account of the Lessor’s insolvency, the Lessee may, without prejudice to any other
right or remedy available to it, terminate the Lease with immediate effect by
providing the Lessor with Notice thereof.

2.18 Insurance:
The Lessor is responsible for providing comprehensive insurance coverage for the
Premises and all assets that are property of the Lessor. The insurance coverage must
provide for all forms of liability, damage resulting from fire, weather, electrical faults,
mechanical or equipment failures, vandalism or theft, explosions, natural disasters,
general building malfunctions, and all other common hazards.

The Lessee is responsible for providing comprehensive insurance coverage for all
assets that are the property of the Lessee.

2.19 Taxes:
The Lessee is exempt from all national, regional, or municipal duties and taxes,
whether direct or indirect. The Lessor must pay all property and other taxes or duties
assessed on the Premises. The Rental Fee under the Lease shall not be increased
notwithstanding any new or unforeseen taxes, duties or levies that may be imposed
upon the Lessor. The Rental Fee must reflect any tax exemption to which the Lessee
is entitled by reason of the privileges and immunities that it enjoys.

If it is subsequently determined that any taxes that have been included in the Rental
Fee, the Lessee is entitled to an immediate refund from the Lessor in the amount of
any taxes paid. The Lessee will be entitled to reduce future Rental Fee payments to
reflect the Rental Fee less any taxes included. The Lessee shall also be entitled to
withhold from future Rental Fee payments any amount which reflects the total amount
of tax which the Lessee erroneously paid. In the event that any taxing authority
refuses to recognize the Lessee’s exemption from such taxes, the Lessor shall
immediately consult with the Lessee to determine a mutually acceptable procedure for
settling the amount involved.

2.20 Liability:
The Lessor is liable for claims arising out of or in connection with the Premises, any
property damage, personal injury or death unless such damage, injury or death is the
sole, direct result of the Lessee’s negligence.
2.21   Staff Members not to Benefit
The Lessor shall not admit any staff member of the OSCE to any direct or indirect
benefit arising from the Lease Agreement or the award thereof. The Lessor agrees that
breach of this provision shall constitute a fundamental breach of the Lease Agreement.


2.22 Privileges and Immunities:
Nothing in the Lease shall be deemed a waiver, expressed or implied, of any
privileges or immunities enjoyed by the Lessee.

2.23 Settlement of Disputes
Any dispute, controversy or claim arising out of or in relation to the Lease, or the
breach, termination or invalidity thereof shall be settled through negotiations between
the Parties. If the Parties fail to settle the dispute amicably it shall be settled through
arbitration in accordance with the United Nations Commission on International Trade
Law (UNCITRAL), Arbitration Rules being in force at the date when the dispute is
referred. One (1) sole arbitrator shall be appointed. The arbitrator shall be selected by
agreement between the Parties. Should the Parties fail to agree, the appointing
authority shall be the Permanent Court of Arbitration in The Hague. The place of
arbitration shall be Vienna, Austria. The law governing the arbitration shall be the
relevant Austrian law. The language to be used in the arbitration proceedings shall be
English. The decision of the arbitrator shall be final and binding to both Parties.

2.24 Indemnification:
The Lessor will indemnify, hold and save harmless and defend at its own expense the
Lessee, its officials, agents, servants, employees, successors and assigns from and
against any and all actions, causes of action, suits, controversies, damages,
judgements, claims, demands and liabilities of any nature or kind whatsoever,
including costs and expenses, arising out of any acts or omissions of the Lessor or any
of its employees, agents, the Lessees, assistants, experts, subcontractors, successors
and assigns related to the Lease. This obligation shall survive the termination,
expiration or cancellation of the Lease.

2.25 Notices:
Any notice given in connection with the Lease must be timely, according to the
specific provisions of the Lease, written in English, delivered by registered or
certified mail, return receipt requested, postage, prepaid, and shall be effective, upon
receipt by the Party to whom such notice or other communication is addressed and if
labelled accordingly:
        (a) for the Lessee: the contact details set out in the ‘LESSEE’ name field of
            the Lease; and
        (b) for the Lessor: the contact details set out in the ‘LESSOR’ named field of
            the Lease.

2.26 Advertising:
The Lessor must not advertise or otherwise make public the fact that it provides
Premises to the Lessee or the OSCE. The Lessor must not in any way use the name,
emblem, logo, official seal, or any abbreviation of the Lessee or the OSCE.
2.27 Discretion and Confidentiality:
The Lessor is required to exercise the utmost discretion in all matters relating to the
Lease. Unless required in connection with the performance of the Lease or expressly
authorised in writing by the Lessee, the Lessor shall not disclose at any time to any
third party any information which has not been made public and which is known to
the Lessor by reason of its association with the Lessee. The Lessor shall not, at any
time, use such information to any private advantage. These obligations do not lapse
upon any completion, expiration, or termination of the Lease.

2.28 Amendments:
No modification, amendment or change to the Lease, or waiver of any of its
provisions, shall be valid unless approved in the form of a written amendment to the
Lease, signed by a fully authorised representative of each of the Parties.

2.29 Waiver:
A waiver of any breach of or default under the Lease shall not constitute a waiver of
any other breach or default and shall not affect the other Terms or Conditions of the
Lease. The rights and remedies provided by the Lease are cumulative and are not
exclusive of any other rights or remedies.

2.30 Validity:
The invalidity in whole or part of any Term or Condition, or Section, of the Lease
shall not affect the validity of the remainder of such Term or Condition or Section.

2.31 Agreement and Annexes
This Lease supersedes all prior written or oral statements, agreements and
representations of the Parties on matters relating to its content.
The Annexes form an integral part of the Lease. Where there are discrepancies or
conflicts between or among this Lease and its Annexes, precedence shall be given in
the following order:

   1. Lease;
   2. Annex 1;
   3. Annex 2 etc..



2.31 Audit:
The Lessor shall keep accurate and systematic accounts, records, and invoices in
respect of its performance of the Lease, in accordance with internationally accepted
bookkeeping standards and principles. The Lessor shall permit the Lessee or its
designated representative periodically, and up to seven (7) years after the expiry or
termination of the Lease, to examine these accounts and records, to have them audited
by auditors appointed by the Lessee, and to have copies made.


2.32 General Provisions
The Lease has been made in three (3) identical copies in English of which the Lessor
shall receive one (1) copy.

				
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