MIL 202608600 License~1.pdf
PDF 277 KB Posted
- Solicitation number
- BD-27-1019-DCP06-OOL01-132255
- Issued by
- Massachusetts
About this file
This is a License document related to a Real Estate RFP issued by the Massachusetts Military Division (Project #202608600) seeking retail space in Holyoke or Springfield. The division requires approximately 1,000 square feet of usable area, though the Department of Capital Asset Management and Maintenance (DCAMM) would consider proposals for space ranging from 400 to 2,000 square feet. The lease term is for one year with an option to extend for up to ten additional years, providing flexibility for long-term occupancy if needed.
The document establishes the licensing framework and legal terms governing the use of the selected retail space by the Massachusetts Military Division. Specific pricing terms, bidding deadlines, site visit requirements, and bid evaluation criteria are referenced within the licensing agreement. This opportunity allows qualified retail property owners and lessors in the Holyoke or Springfield areas to submit proposals for available commercial space meeting the specified square footage requirements.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| MIL 202608600 One-Year LICENSE Proposal Form.docx | DOCX document | |
| MIL 202608600 Warning.pdf | ||
| MIL 202608600 RFP.pdf |
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Text version
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 1
THIS OFFICIAL FORM MUST NOT BE ALTERED.
ALL MODIFICATIONS MUST BE MADE BY SEPARATE RIDER.
COMMONWEALTH OF MASSACHUSETTS
TEMPORARY REVOCABLE-AT-WILL LICENSE
This temporary revocable-at-will license (this License) is by and between
___________________________________________________________________________ (Licensor) and the Commonwealth of Massachusetts acting by and through the Commissioner of its Division of Capital Asset Management and Maintenance of the Executive Office for Administration and Finance (Licensee) on behalf of the User Agency, the Massachusetts Military Division.
The Licensed Premises are described in § 2 of this License. Licensee desires to enter upon and use the Licensed Premises solely for the purposes described in § 3 of this License (the Permitted Uses).
This License does not constitute the granting of an interest in real property for any purpose and only gives Licensee permission to enter and use the Licensed Premises solely for the Permitted Uses.
Licensee accepts the Licensed Premises subject to the provisions of this License. Licensee must not assign or transfer this License for any reason or to any entity whatsoever. This License must not be recorded.
1. REFERENCE DATA
A. Date of License:
B. Mailing Address of Licensor:
C. Mailing Address of Licensee: Division of Capital Asset Management and Maintenance Office of Leasing and State Office Planning One Ashburton Place, 15th Floor Boston, Massachusetts 02108-1518
D. Mailing Address of the User Agency: Massachusetts Army National Guard
Commonwealth of Massachusetts 50 Maple Street Milford, Massachusetts 01757-3680
E. Address of Property at which the Licensed Premises are located:
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 2
2. LICENSED PREMISES
A. The Licensed Premises are described as follows and, if available, are shown on the plan, plans, diagram, or diagrams attached to this License as Exhibit A:
B. Vehicular and pedestrian access to the Licensed Premises and any parking availability and arrangements are described as follows:
3. PERMITTED USES
Licensee may enter upon the Licensed Premises under this License for the Permitted Uses only and for no other purpose or use whatsoever:
Massachusetts Army National Guard recruitment activities
4. LICENSE TERM, DATE OF OCCUPANCY, AND PERMITTED HOURS
A. The License Term [not to exceed ONE year] commences on __________________, and expires on ____________________, [insert each day, month, and year] unless otherwise revoked or terminated earlier.
B. During the License Term, Licensee is permitted to use the Licensed Premises for the Permitted
Uses during the following times only:
C. This License is revocable or terminable with 30 days notice by the Licensor or the Licensee for any or no reason.
D. Upon the expiration or earlier revocation or termination of this License, Licensee must immediately vacate the Licensed Premises. Licensee must also remove all of Licensee’s property from the Licensed Premises. Licensor, immediately upon the expiration or earlier revocation or termination of this License or at any time thereafter, may enter upon the Licensed Premises or any part thereof and expel the Licensee and remove Licensee’s property. This remedy is without prejudice to any other remedies that Licensor may have at law or in equity.
5. LICENSE FEE AND OTHER CHARGES; PAYMENT SUBJECT TO SUFFICIENT
APPROPRIATIONS AND ALLOTMENTS
Subject to item 5.G, Licensee must pay the following License Fee and other charges, if applicable, in the manners provided. [If not applicable, enter “N/A.” Do not leave blank.]
A. License Fee:
B. Electricity:
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 3
C. Water and Sewer:
D. Trash Collection:
E. Other Charges (specify):
F. The License Fee and other charges, if applicable, must be delivered to Licensor at the address shown in item 1 of this License or otherwise paid in the manner indicated in this item 5, and must be paid in good funds to the order of the Licensor or otherwise paid in the manner indicated.
G. The fiscal year of the Commonwealth is the 12-month period ending June 30 of each year.
Appropriations and allotments for expenditures by agencies of the Commonwealth are made on a fiscal-year basis. In accordance with G. L. c. 29, § 27, the obligations of Licensee under this License, and under any modification, extension, or renewal of this License for any fiscal year, are subject to the appropriation and the allotment of sufficient funds to the User Agency. If, for any fiscal year during the License Term, sufficient funds for the discharge of Licensee’s obligations under this License are not appropriated and allotted, or if, during any fiscal year during the License Term, funds for the discharge of Licensee’s obligations under this License are reduced pursuant to G. L. c. 29, § 9C, then Licensee has the right to terminate this License by written notice to Licensor without any liability whatsoever for damages, penalties, or other charges arising from early termination, and without further recourse to either party; provided, however, that Licensee must pay all License Fee and any other charges due to Licensor for the period before Licensee’s surrender of the Licensed Premises, and that Licensee must comply with the provisions of item 4.D of this License.
H. Licensee represents that sufficient federal funds are presently available for performance of this
License by Licensee. Licensee’s obligations for performance of any provisions of this License are contingent upon the availability of appropriated funds from which payment for purposes of this License can be made. No legal liability on the part of Licensee for any payment of this License may arise for performance under this License until funds are made available to Licensee or the User Agency receives notice of availability, to be confirmed in writing by the User Agency to Licensor and Licensee within 30 days of the User Agency’s receipt of such notice.
6. LICENSEE'S EQUIPMENT
A. To the extent permitted by this License, Licensee may bring such equipment upon the Licensed Premises as are ordinarily used in connection with the Permitted Uses, subject however, to the following limitations:
[Do not leave blank – if no limitations, write “NONE.”]
B. No space will be used for manufacturing, for the storage of merchandise, or for the sale of merchandise, goods, or property of any kind at auction. No bicycles other than the bicycle of an employee of Licensee that is unobtrusively and inconspicuously stored within the Licensed
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 4
Premises only while such employee is working within the Licensed Premises, vehicles, or animals of any kind other than a seeing-eye dog of an employee of Licensee only while such employee is working within the Licensed Premises will be brought in or kept on the Licensed Premises; no cooking will be done or permitted on the Licensed Premises. Coffee-makers, microwaves, and toasters are permitted and will not be deemed as “cooking,” provided that the same are used only by an employee of Licensee for personal convenience while such employee is working within the Licensed Premises and that any odors therefrom do not constitute a nuisance.
7. CONDITION OF LICENSED PREMISES
Licensee acknowledges and agrees as follows:
A. Subject to items 10.H, 10.I, and 10.J, the Licensed Premises are in “AS-IS, WHERE-IS” condition.
B. Subject to items 10.H, 10.I, and 10.J, the Licensed Premises are delivered “as-is,” and no removal of walls, doors, etc. will be allowed.
C. The Licensee acknowledges that no additional locks or bolts of any kind will be placed upon any of the doors or windows, and that no changes will be made in existing locks or the mechanisms thereof without the prior consent of Licensor.
D. Licensee acknowledges and agrees to the commercially reasonable rules and regulations of
Licensor, provided that Licensor must provide Licensee with full copy thereof and maintain such copy up-to-date throughout the License Term.
E. Subject to items 10.H, 10.I, and 10.J, Licensor makes no representations or warranties whatsoever regarding the Licensed Premises, including, without limitation, the suitability or fitness of the Licensed Premises for the Permitted Uses.
8. LICENSEE’S ASSUMPTION OF RISK, LIABILITY, AND SELF-INSURANCE
A. Licensee agrees that Licensee enters upon and uses the Licensed Premises and the areas surrounding the Licensed Premises at Licensee’s own risk, and Licensor will not be liable to Licensee or to any of Licensee’s officers, agents, representatives, contractors, employees, invitees, or any other person claiming by or through the Licensee for any death or personal injury, or for any loss or damage to any personal property that is brought onto the Licensed Premises by, or on behalf of, Licensee, including, without limitation, equipment, fixtures, vehicles, or other personal property.
B. Licensee accepts complete liability for the acts, omissions, and negligence of Licensee while present upon the Licensed Premises or in connection with this License.
C. No official, employee, or consultant of the Commonwealth of Massachusetts or the
Massachusetts Military Division will be personally liable to Licensor for or on account of any action whatsoever under or arising out of or in connection with this License.
D. Licensee is self-insured. This License does not require Licensee to procure or maintain insurance of any kind for payment of damages to Licensor or to any other party. Notwithstanding any other provision of this License, but subject to the provisions of item 8.C, the provisions of G. L. c. 258, U.S. Federal Tort Claims Act, and any successor statute govern Licensee’s liability for injuries to persons or property under the direction of the Attorney General of the Commonwealth of Massachusetts in accordance with G. L. c. 12, § 3.
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 5
E. To the extent that insurance proceeds are actually recovered under insurance maintained by or for the benefit of Licensor or Licensee (Licensee being under no obligation to maintain any insurance), Licensor and Licensee each releases the other from any and all liability paid for on account of such proceeds, and to such extent (and only to such extent), each waives all claims by way of subrogation. All insurance that is carried by Licensor with respect to the Licensed Premises must include provisions that deny to the insurer acquisition by subrogation of rights of recovery against Licensee to the extent such rights have been waived by Licensor, insofar as and to the extent that such provisions may be effective without making it impossible for Licensor to obtain insurance coverage from responsible companies qualified to do business in Massachusetts, even though extra premium may result from such provisions.
9. ALTERATION OF THE LICENSED PREMISES AND CONDUCT OF LICENSEE
A. Alteration of the Licensed Premises
Licensee must make no alteration or improvements upon the Licensed Premises except as may be specifically approved in advance by Licensor in writing.
B. Conduct of Licensee
Licensee must at all times use the Licensed Premises in accordance with all applicable laws, statutes, ordinances, regulations, permits, licenses, approvals and the requirements of Licensor’s insurance policies.
10. LICENSOR’S COVENANTS
A. Licensor has record title to the Licensed Premises or holds a current and valid lease of the Licensed Premises, and there are no encumbrances affecting the Licensed Premises that would prohibit or interfere with the Permitted Uses.
B. Licensor’s name appears in this License exactly as Licensor’s name appears on Licensor’s record title to the Licensed Premises if Licensor owns the Licensed Premises, or exactly as Licensor’s name appears in Licensor’s lease if Licensor leases the Licensed Premises.
C. Licensor has full legal capacity to enter into this License.
D. If Licensor is not a natural person or natural persons, but Licensor is, rather, a so-called “creature of the law” (e.g., a corporation, a general or limited partnership, a trust, a limited liability company, etc.), Licensor is validly organized and existing, Licensor is in good standing in the state, commonwealth, province, territory, or jurisdiction of Licensor’s organization, and Licensor is authorized and qualified to do business in the state, commonwealth, province, territory, or jurisdiction in which the Licensed Premises are located.
E. The execution of this License is duly authorized, and each person executing this License on behalf of Licensor has full authority to do so and to fully bind Licensor.
F. Licensor is not debarred or suspended from contracting with the Commonwealth of
Massachusetts under any applicable debarment statute or regulation.
G. Licensor knows of no pending or threatened action, suit, proceeding, inquiry, or investigation before or by any judicial court or administrative or law-enforcement agency against or affecting Licensor or Licensor’s properties wherein any unfavorable decision, ruling, or finding would
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 6 materially and adversely affect the validity or enforceability of this License or Licensor’s ability to carry out Licensor’s obligations.
H. Licensor must deliver the Licensed Premises to Licensee in good, clean, safe, and occupiable condition, and otherwise in accordance with the provisions of this License, and the building common areas must be in full compliance with (i) all applicable overleases, (ii) all requirements of Licensor’s mortgages and insurance policies, (iii) all laws, ordinances, codes, and regulations (including, without limitation, those pertaining to accessibility for disabled persons) of governmental authorities with jurisdiction, and (iv) all regulations of the Board of Fire Underwriters or any similar insurance-rating body or bodies.
I. Throughout the License Term, Licensor must maintain the Licensed Premises in good, clean, safe, and occupiable condition, and otherwise in accordance with the provisions of this License, and the building common areas and the Permitted Uses must be in full compliance with (i) all applicable overleases, (ii) all requirements of Licensor’s mortgages and insurance policies, (iii) all laws, ordinances, codes, and regulations (including, without limitation, those pertaining to accessibility for disabled persons) of governmental authorities with jurisdiction, and (iv) all regulations of the Board of Fire Underwriters or any similar insurance-rating body or bodies.
J. If, at any time, any governmental authority with jurisdiction or the Board of Fire Underwriters or any similar insurance-rating body notifies Licensor or Licensee that all or any part of the Licensed Premises or the building is not constructed or maintained in compliance with any applicable law, ordinance, code, or regulation, and demands compliance, then Licensor, upon receipt of such notification, promptly must cause such repairs, alterations, or other work to be done so as to bring about the compliance demanded, or Licensor may exercise Licensor’s rights pursuant to item 4.C. Licensor has the right to defer compliance so long as Licensor contests the validity of any such law, order, or regulation in good faith and by appropriate legal proceedings, provided that such failure to comply must not in any way interfere with Licensee’s use of the Licensed Premises for the Permitted Uses, subject Licensee or Licensee’s employees or invitees to any increased risk of injury to their persons or property, adversely affect any other right of Licensee under this License, or impose any additional obligation upon Licensee.
K. Licensor must comply with all federal and state laws, rules, and regulations promoting fair-employment practices or prohibiting employment discrimination and unfair-labor practices and must not discriminate in the hiring of any applicant for employment or demote, discharge, or otherwise subject any qualified employee to discrimination in the tenure, position, promotional opportunities, wages, benefits, or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation, gender identity, as defined by chapter 199 of the Acts of 2011, or for exercising any rights afforded by law. Licensor commits to exercise diligent efforts in purchasing supplies and services from certified minority or women-owned businesses, small businesses, or businesses owned by socially or economically disadvantaged persons or persons with disabilities.
11. NOTICE
A. Unless otherwise expressly permitted under this License, all notices or other communication required or permitted to be given under this License must be in writing, signed by a duly authorized representative of the party giving notice and given by hand delivery (including, without limitation, courier and overnight-delivery service) or mailed by United States certified mail, postage prepaid, return receipt requested.
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 7
B. Unless otherwise expressly stated in this License, notices must be addressed and sent to Licensor and to Licensee at the respective address for each appearing in item 1, with a copy of any notice to Licensee sent to the User Agency at the address set forth for the User Agency in item 1.
C. Under this item 11 Licensor and Licensee, at any time and from time-to-time, each has the right to designate a different address or different addresses to which notices must be sent.
D. All notices given in accordance with items 11.A, 11.B, and 11.C are deemed given, for all purposes, (i) on the date shown on the receipt for delivery or (ii) as of the date notice is sent if delivery is refused or could not be attained.
12. MISCELLANY
A. This License contains all of the agreements between Licensor and Licensee with respect to the subject matter of this License and supersedes all prior writings and dealings between Licensor and Licensee with respect to this License.
B. The provisions of this License must not be modified in any manner except by a written instrument signed, sealed, and mutually agreed upon by all the parties to this License and approved as required by law. No such instrument is void for lack of a recital of consideration.
C. This License binds and inures to the benefit of the parties to this License and to their respective representatives, successors, and assigns.
D. This License must be construed and governed by the laws of the Commonwealth of
Massachusetts. Licensor and Licensee agree to bring any Federal or State legal proceedings arising under this License, in which Licensee or the User Agency is a party, in a court of competent jurisdiction within the Commonwealth of Massachusetts.
E. The failure of either party to seek redress for violation or to insist upon the strict performance of any covenant or condition of this License does not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of a violation. No provision of this License is deemed to have been waived by any party unless such waiver is in writing and signed by an authorized representative of the party to be bound by such waiver.
F. Licensor and Licensee each represents and warrants to the other that no broker, agent, commission salesman, or other person has represented Licensor or Licensee in connection with the procurement or consummation of this License.
G. Unless otherwise expressly stated in this License, no mention in this License of any specific right or remedy precludes Licensor or Licensee from exercising any other right, having any other remedy, or maintaining any action to which Licensor or Licensee otherwise is entitled, either at law or in equity.
H. Acceptance by Licensor of a lesser sum than the License Fee then due must not be deemed to be other than on account of the earliest installment of such License Fee due, and any endorsement or statement on any check of Licensor or Licensee, or any letter accompanying any check or payment from either Licensor or Licensee to the other, must not be deemed an accord and satisfaction, and Licensor and Licensee each has the right to accept such check or payment without prejudice to such party’s right to recover any balance due with respect to such payment or pursue any other remedy provided in this License.
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 8
I. Licensor must not accept bids or proposals from, or enter into any contract with, any person or firm for the construction repair, or maintenance of the Licensed Premises if such person or firm is debarred or suspended from contracting with the Commonwealth of Massachusetts, with the government of the United States of America, or with both under any applicable statute or regulation, or is subject to a stop-work order issued by any governmental authority with jurisdiction under any applicable statute or regulation. Licensor must require each person and firm with whom Licensor contracts for the construction, repair, or maintenance of the Licensed Premises to agree with Licensor not to accept bids or proposals from, or enter into or continue any contract with, any such debarred or suspended person or firm, or from or with any person or firm subject to any such stop-work order, for all or any part of the construction, repair, or maintenance of the Licensed Premises, and Licensor must strictly enforce each such agreement.
J. Time is of the essence to this License and to each of its provisions.
K. If any provision of this License is declared to be illegal, unenforceable, or void, then Licensor and
Licensee are relieved of all obligations under that provision (or the application of that provision under circumstances in which that provision is illegal or unenforceable), provided, however, that the remainder of this License must be enforced to the fullest extent permitted by law.
L. No legal obligation arises with respect to the Licensed Premises or other matters covered by this
License until this License is executed by Licensor and by the Commonwealth of Massachusetts acting by and through the Commissioner of its Division of Capital Asset Management and Maintenance (the Commissioner of the Division of Capital Asset Management and Maintenance is joined by an authorized representative of the User Agency as an adjunctive signatory), and delivery is made by and to each.
M. No official, employee, or consultant of the Commonwealth of Massachusetts must ever have any personal interest, direct or indirect, in this License or in Licensor, or participate in any decision relating to this Licensee that affects the personal interest of such official, employee, or consultant, or that affects the interest of any corporation, partnership, or association in which such official, employee, or consultant is, directly or indirectly, interested.
N. The headings in this License are for convenience of reference only and in no way define, increase, or limit the scope or intent of any provision of this License.
O. This License is executed in multiple counterparts, each such counterpart is an original for all intents and purposes, and all such counterparts together constitute one and the same License.
P. Other than the “Certificate of Tax-and-Employment-Security Compliance,” each rider, exhibit, and other accompanying document is an integral part of this License for all lawful intents and purposes. The “Certificate of Tax-and-Employment-Security Compliance” is required by the General Laws of the Commonwealth of Massachusetts for license agreements and for agreements that extend or renew license agreements in which the Commonwealth of Massachusetts is the licensee, but this required document is not part of the documents for which it is required and therefore is not attached to them.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 9
Licensor and Licensee have executed multiple counterparts of this document, under seal in accordance with the laws of the Commonwealth of Massachusetts, Licensee having done so by the Commissioner of the Division of Capital Asset Management and Maintenance, who was joined by an authorized representative of the User Agency as an adjunctive signatory, neither of whom incurs any personal liability as a result of such signature.
LICENSOR:
By: /LLs/______________________________________________________
Printed Name: /LLn/__________________________________________
Title: /LLt/ ___________________________________________________
LICENSEE: COMMONWEALTH OF MASSACHUSETTS ACTING BY AND
THROUGH THE COMMISSIONER OF ITS DIVISION OF CAPITAL
ASSET MANAGEMENT AND MAINTENANCE
By: /s2/________________________________________
Adam Baacke, Commissioner
USER AGENCY: MASSACHUSETTS MILITARY DIVISION
By: /UAs/___________________________________________________
Printed Name: /UAn/________________________________________
Title: /UAt/ _________________________________________________
Approved as to Matters of Form:
/s1/______________________________________________ /n1/____________________________, Deputy General Counsel Division of Capital Asset Management and Maintenance
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 10
RIDER TO LICENSE
DATE OF LICENSE:
LICENSEE: The Commonwealth of Massachusetts acting by and through the
Commissioner of its Division of Capital Asset Management and Maintenance of the Executive Office for Administration and Finance on behalf of the User Agency
BUILDING (ADDRESS):
LICENSED PREMISES:
Modify this License as follows:
NOTE: THE FINAL PROVISION OF THE RIDER TO LEASE MUST BE ON THE PAGE THAT IMMEDIATELY PRECEDES THE SIGNATURE PAGE OF THE RIDER TO LEASE. THE BOTTOM OF THE PAGE THAT IMMEDIATELY
PRECEDES SUCH SIGNATURE PAGE MUST STATE:
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
May 2012 Temporary Revocable-at-Will License for the Massachusetts Military Division Page 11
Licensor and Licensee have executed multiple counterparts of this document, under seal in accordance with the laws of the Commonwealth of Massachusetts, Licensee having done so by the Commissioner of the Division of Capital Asset Management and Maintenance, who was joined by an authorized representative of the User Agency as an adjunctive signatory, neither of whom incurs any personal liability as a result of such signature.
By: /LLs/______________________________________________________
Printed Name: /LLn/__________________________________________
Title: /LLt/ ___________________________________________________
LICENSEE: COMMONWEALTH OF MASSACHUSETTS ACTING BY AND
THROUGH THE COMMISSIONER OF ITS DIVISION OF CAPITAL
ASSET MANAGEMENT AND MAINTENANCE
By: /s2/________________________________________
Adam Baacke, Commissioner
USER AGENCY: MASSACHUSETTS MILITARY DIVISION
By: /UAs/___________________________________________________
Printed Name: /UAn/________________________________________
Title: /UAt/ _________________________________________________
Approved as to Matters of Form:
/s1/______________________________________________
/n1/____________________________, Deputy General Counsel Division of Capital Asset Management and Maintenance
April 2007 E. O. No. 481 Compliance Certificate (OLSOP)
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE
OFFICE OF LEASING AND STATE OFFICE PLANNING
CERTIFICATE OF COMPLIANCE WITH EXECUTIVE ORDER NO. 481
Pursuant to Executive Order No. 481, _____________________________________________________, (name(s) of person(s) who signed the document to which this Certificate is attached for Landlord, Licensor, Mortgagee, or Prospective Lender)
______________________________ of _________________________________________ (Contractor), (title(s) of person(s) who signed the document (name of Landlord, Licensor, Mortgagee, or Prospective Lender to which this Certificate is attached for Landlord, named in the document to which this Certificate is attached) Licensor, Mortgagee, or Prospective Lender) whose principal place of business is located at _______________________________________________
(address of principal place of business of Landlord, Licensor, Mortgagee or Prospective Lender named in the document to which this Certificate is attached) certifies, as a condition of receiving Commonwealth funds under (a) the lease or (b) the short-term tenancy agreement or (c) the license or (d) the amendment or (e) the subordination, non-disturbance, and attornment agreement or (f) the change-of-ownership documents to which this Certificate is attached (this
Contract) for the premises located at _______________________________________________________ (address of the premises as stated in _________________________________________________________________________________that:
the document to which this Certificate is attached)
1. The following provisions of this certification are ancillary to this Contract and will be and are binding upon Contractor as if literally included among the provisions of this Contract.
2. Contractor must not and will not knowingly use undocumented workers in connection with
Contractor’s performance under this Contract.
3. Pursuant to federal requirements, Contractor must and will verify the immigration status of all workers assigned to Contractor’s performance under this Contract without engaging in unlawful discrimination, and Contractor must not and will not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker.
4. Contractor is aware that any breach of item 2, item 3, or both item 2 and item 3 during the term of this
Contract may be regarded as a material breach of this Contract, subjecting Contractor to sanctions, including by way of example only and not limitation, monetary penalties, withholding of Commonwealth funds and other payments, suspension or termination of this Contract or both, and any other remedy available to Tenant or Licensee under this Contract, at law, or in equity.
Signed under the penalties of perjury on _______________________, 20_______.
(signature(s) of person(s) whose name(s) and title(s) appear at the beginning of this Certificate)
June 2011
June 2011
CERTIFICATE OF TAX-AND-EMPLOYMENT-SECURITY COMPLIANCE
Pursuant to G. L. c. 62C, § 49A1, and G. L. c. 151A, § 19A(b)2, _________________________________________, (Name) ____________________________________ of ______________________________________________________, (Title) (Name of Licensor) whose principal place of business is located at _______________________________________________________
__________________________________________________________________________, certifies that:
A. Licensor has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.
B. Licensor has complied with all laws of the Commonwealth relating to employment-security contributions and payments in lieu of contributions.
Signed under the penalties of perjury on _______________________, 20_______.
Signature of Person whose Name and Title appear at the top of this page
1 “No contract or other agreement for the purposes of providing … real estate space to any … agencies [of the Commonwealth] shall be entered into, renewed or extended with any person unless the person certifies in writing, under penalties of perjury, that he has complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support …”
2 “No contract or other agreement for the purpose of providing … physical space to any agency or instrumentality of the commonwealth shall be entered into, renewed or extended with any employer unless such employer certifies in writing, under penalties of perjury, that said employer has complied with all laws of the commonwealth relating to [employment-security] contributions and payments in lieu of contributions.”
| THIS OFFICIAL FORM MUST NOT BE ALTERED. |
| ALL MODIFICATIONS MUST BE MADE BY SEPARATE RIDER. |
| C. Licensor has full legal capacity to enter into this License. |
| J. Time is of the essence to this License and to each of its provisions. |
| LICENSOR: |
| Title: /LLt/ ___________________________________________________ |
| LICENSEE: COMMONWEALTH OF MASSACHUSETTS ACTING BY AND THROUGH THE COMMISSIONER OF ITS DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE |
| By: /s2/________________________________________ |
| Adam Baacke, Commissioner |
| USER AGENCY: Massachusetts MILITARY DIVISION |
| By: /UAs/___________________________________________________ |
| Title: /UAt/ _________________________________________________ |
| / |
| /n1/____________________________, Deputy General Counsel |
| RIDER TO LICENSE |
| DATE OF LICENSE: |
| LICENSOR: |
| BUILDING (ADDRESS): |
| LICENSED PREMISES: |
| LICENSOR: |
| Title: /LLt/ ___________________________________________________ |
| LICENSEE: COMMONWEALTH OF MASSACHUSETTS ACTING BY AND THROUGH THE COMMISSIONER OF ITS DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE |
| By: /s2/________________________________________ |
| Adam Baacke, Commissioner |
| USER AGENCY: Massachusetts MILITARY DIVISION |
| By: /UAs/___________________________________________________ |
| Title: /UAt/ _________________________________________________ |
| /n1/____________________________, Deputy General Counsel |
| Commonwealth of Massachusetts |
| Pursuant to Executive Order No. 481, _____________________________________________________, |
| (name(s) of person(s) who signed the document to which this Certificate is |
| attached for Landlord, Licensor, Mortgagee, or Prospective Lender) |
| ______________________________ of _________________________________________ (Contractor), |
| (title(s) of person(s) who signed the document (name of Landlord, Licensor, Mortgagee, or Prospective Lender |
| to which this Certificate is attached for Landlord, named in the document to which this Certificate is attached) |
| Licensor, Mortgagee, or Prospective Lender) |
| whose principal place of business is located at _______________________________________________ |
| (address of principal place of business of Landlord, Licensor, Mortgagee or Prospective Lender named in the document to which this Certificate is attached) |
| CERTIFICATE OF TAX-AND-EMPLOYMENT-SECURITY COMPLIANCE |
| Pursuant to G. L. c. 62C, § 49A1, and G. L. c. 151A, § 19A(b)2, _________________________________________, |
| ____________________________________ of ______________________________________________________, |
| (Title) (Name of Licensor) |
| whose principal place of business is located at _______________________________________________________ |
| __________________________________________________________________________, certifies that: |
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