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A-87407, JULY 26, 1937, 17 COMP. GEN. 59

A-87407 Jul 26, 1937
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THERE IS NO AUTHORITY FOR PAYMENT OF ADDITIONAL RENTAL FOR HEAT FURNISHED BETWEEN THE HOURS OF 6 P.M. AS SUCH AGREEMENT IS WITHOUT CONSIDERATION. AS FOLLOWS: WHEREAS IT IS DESIRED BY THE PARTIES HERETO TO AMEND SAID LEASE BY INCREASING THE RENTAL THEREUNDER IN THE AMOUNT OF TWENTY DOLLARS ($20) PER MONTH. WHEREAS IT IS HEREBY UNDERSTOOD AND AGREED THAT THIS ADDITIONAL SUM OF TWENTY DOLLARS ($20) PER MONTH WILL ONLY APPLY TO SUCH MONTHS THAT HEAT IS FURNISHED DURING THE HOURS FROM 6 P.M. GEN. 403 IT WAS HELD. QUOTING FROM THE SYLLABUS: WHERE UNDER THE TERMS OF A LEASE AGREEMENT THE LESSOR WAS OBLIGATED TO FURNISH THE NECESSARY HEAT. IS WITHOUT CONSIDERATION. THE PAYMENT OF THE INCREASED RENT IS UNAUTHORIZED DURING THE PERIOD COVERED BY THE ORIGINAL LEASE.

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A-87407, JULY 26, 1937, 17 COMP. GEN. 59

LEASES - SUPPLEMENTAL AGREEMENT FOR INCREASED RENT - RETROACTIVE EFFECT WHERE LESSOR FURNISHED HEAT DURING REGULAR OFFICE HOURS AS A PART OF THE RENTAL CONSIDERATION FOR QUARTERS OCCUPIED BY A GOVERNMENT FIELD OFFICE, THERE IS NO AUTHORITY FOR PAYMENT OF ADDITIONAL RENTAL FOR HEAT FURNISHED BETWEEN THE HOURS OF 6 P.M. AND 12 MIDNIGHT UNDER A SUPPLEMENTAL LEASE AGREEMENT PURPORTING TO BE RETROACTIVE IN EFFECT, AS SUCH AGREEMENT IS WITHOUT CONSIDERATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, JULY 26, 1937:

THERE HAS BEEN SUBMITTED TO THIS OFFICE FOR AUDIT IN ADVANCE OF PAYMENT BUREAU VOUCHER NO. 209495 IN THE AMOUNT OF $100 IN FAVOR OF A. W. WALSH CO. COVERING AMOUNT CLAIMED FOR HEAT FURNISHED BETWEEN THE HOURS OF 6 P.M. TO 12 MIDNIGHT, FOR THE PERIOD BEGINNING NOVEMBER 1, 1936, AND ENDING MARCH 31, 1937, TO THE QUARTERS OCCUPIED BY THE AGRICULTURAL ADJUSTMENT ADMINISTRATION STATE OFFICE LOCATED AT 827 1/2 EAST MICHIGAN AVENUE, LANSING, MICH., UNDER LEASE ALS-13384 ENTERED INTO ON SEPTEMBER 12, 1936, BETWEEN THE UNITED STATES BY THE ACTING SECRETARY OF AGRICULTURE AND THE CLAIMANT, AT AN ANNUAL RENTAL OF $2,580, AS AMENDED BY SUPPLEMENTARY AGREEMENT OF THE SAME NUMBER DATED MARCH 5, 1937.

PARAGRAPH 6 OF THE ORIGINAL AGREEMENT PROVIDES:

THE LESSOR SHALL FURNISH TO THE GOVERNMENT, DURING THE OCCUPANCY OF SAID PREMISES, UNDER THE TERMS OF THIS LEASE, AS PART OF THE RENTAL CONSIDERATION, THE FOLLOWING:

ADEQUATE TOILET FACILITIES, RUNNING WATER, FACILITIES FOR USE OF ELECTRICITY, AND HEAT.

THE SUPPLEMENTARY AGREEMENT PROVIDES, IN PART, AS FOLLOWS:

WHEREAS IT IS DESIRED BY THE PARTIES HERETO TO AMEND SAID LEASE BY INCREASING THE RENTAL THEREUNDER IN THE AMOUNT OF TWENTY DOLLARS ($20) PER MONTH, WHICH ADDITIONAL SUM REPRESENTS PAYMENT FOR HEAT FURNISHED THE OFFICES NOW OCCUPIED AFTER REGULAR OFFICE HOURS, SUCH HOURS BEING APPROXIMATELY FROM 6:00 P.M. TO 12 MIDNIGHT; AND

WHEREAS IT IS HEREBY UNDERSTOOD AND AGREED THAT THIS ADDITIONAL SUM OF TWENTY DOLLARS ($20) PER MONTH WILL ONLY APPLY TO SUCH MONTHS THAT HEAT IS FURNISHED DURING THE HOURS FROM 6 P.M. TO 12 MIDNIGHT.

IN 4 COMP. GEN. 403 IT WAS HELD, QUOTING FROM THE SYLLABUS:

WHERE UNDER THE TERMS OF A LEASE AGREEMENT THE LESSOR WAS OBLIGATED TO FURNISH THE NECESSARY HEAT, LIGHT, WATER, AND TOILET FACILITIES AND TO KEEP THE PREMISES IN GOOD REPAIR TO THE SATISFACTION OF THE LESSEE (THE GOVERNMENT), A SUPPLEMENTAL AGREEMENT ENTERED INTO FOR THE PAYMENT OF INCREASED RENT UPON CONDITION THAT THE LESSOR INSTALL ADDITIONAL NECESSARY LIGHTS AND A RADIATOR, AND TO REPAPER THE ROOM LEASED, AND RENOVATE THE PORTION OF THE BUILDING USED BY THE GOVERNMENT IN COMMON WITH OTHER TENANTS, IS WITHOUT CONSIDERATION, AND THE PAYMENT OF THE INCREASED RENT IS UNAUTHORIZED DURING THE PERIOD COVERED BY THE ORIGINAL LEASE.

THERE IS NOTHING IN THE PRESENT RECORD SHOWING ANY REFUSAL ON THE PART OF THE LESSOR TO FURNISH HEAT BETWEEN THE HOURS OF 6 P.M. AND 12 MIDNIGHT DURING THE PERIOD BEGINNING NOVEMBER 1, 1936, AND ENDING MARCH 31, 1937, WITHOUT ADDITIONAL CONSIDERATION BEING PAID BY THE GOVERNMENT; AND SINCE IT APPEARS THAT THE LESSOR FURNISHED HEAT AS REQUIRED BY THE GOVERNMENT, WITHOUT ANY AGREEMENT ON THE PART OF THE GOVERNMENT TO PAY ANY ADDITIONAL AMOUNT BECAUSE THEREOF, THE SO-CALLED SUPPLEMENTAL AGREEMENT, PURPORTING TO BE RETROACTIVE IN EFFECT AND TO PROVIDE FOR INCREASED RENTAL, IS WITHOUT CONSIDERATION AND, THEREFORE, PAYMENT OF SUCH INCREASED RENTAL AS PROVIDED FOR UNDER SAID SUPPLEMENTAL AGREEMENT IS WITHOUT AUTHORITY OF LAW. ACCORDINGLY, PAYMENT ON VOUCHER NO. 209495, WHICH WILL BE RETAINED IN THIS OFFICE, IS UNAUTHORIZED.

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