A-5686, OCTOBER 23, 1924, 4 COMP. GEN. 403

A-5686: Oct 23, 1924

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LEASES - SUPPLEMENTAL AGREEMENT FOR INCREASED RENT 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. WHEREIN CREDIT WAS DISALLOWED IN THE ACCOUNTS OF CAPT. A LEASE WAS ENTERED INTO BETWEEN THE YESLER ESTATE(INC.). THE FURNISHING OF LIGHT INCLUDES THE FURNISHING OF LAMPS OR OTHER FACILITIES FOR LIGHTING. * * * WHILE PARAGRAPH 4 PROVIDED: THAT THE LESSOR WILL KEEP THE ABOVE-DESCRIBED PREMISES IN GOOD REPAIR TO THE SATISFACTION OF THE LESSEE DURING THE OCCUPANCY OF SAME UNDER THIS LEASE. A SUPPLEMENTAL AGREEMENT WAS EXECUTED WHEREBY THE RENT OF THE PREMISES WAS INCREASED $25 PER MONTH UPON CONDITION THAT.

A-5686, OCTOBER 23, 1924, 4 COMP. GEN. 403

LEASES - SUPPLEMENTAL AGREEMENT FOR INCREASED RENT 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.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 23, 1924:

REVIEW HAS BEEN REQUESTED OF SETTLEMENT NO. M-8335-W, DATED JUNE 12, 1924, WHEREIN CREDIT WAS DISALLOWED IN THE ACCOUNTS OF CAPT. THOMAS S. PUGH, F.D., U.S. ARMY, FOR THE SUM OF $30.83 PAID BY HIM TO THE YESLER ESTATE (INC.), FOR INCREASED RENTAL OF THE SECOND FLOOR OF THE BUILDING LOCATED AT THE SOUTHWEST CORNER OF FIRST AVENUE SOUTH AND YESLER WAY, SEATTLE, WASH., FOR THE PERIOD FROM NOVEMBER 24, 1923, TO DECEMBER 31, 1923, UNDER SUPPLEMENTAL AGREEMENT DATED NOVEMBER 24, 1923.

ON JUNE 14, 1923, A LEASE WAS ENTERED INTO BETWEEN THE YESLER ESTATE(INC.), AND P. HANSES, CAPTAIN; Q.M.C., U.S. ARMY, FOR AND ON BEHALF OF THE UNITED STATES, WHEREBY THE FORMER LEASED TO THE LATTER FOR USE AS A RECRUITING OFFICE FOR THE TERM BEGINNING JULY 1, 1923, AND ENDING JUNE 30, 1924, THE ENTIRE SECOND FLOOR OF BUILDING CONSISTING OF ONE ROOM 50 BY 20 FT. (1,000 SQ.FT.), LOCATED AT S.W. CORNER OF 1ST AVE.S. AND YESLER WAY, SEATTLE, WASH. (95 YESLER WAY), EXCEPT RIGHT OF COMMON USER OF STAIRS AND HALLWAYS RESERVED FOR BENEFIT OF OTHER TENANTS OF THE BUILDING, AT THE RATE OF $75 PER MONTH.

PARAGRAPH 3 OF THE LEASE PROVIDED:

THAT THE STIPULATED RENT INCLUDES THE FURNISHING BY THE LESSOR OF THE NECESSARY HEAT, LIGHT, WATER, AND TOILET FACILITIES. THE FURNISHING OF HEAT INCLUDES THE FURNISHING OF STOVES OR OTHER FACILITIES FOR HEATING, AND THE FURNISHING OF LIGHT INCLUDES THE FURNISHING OF LAMPS OR OTHER FACILITIES FOR LIGHTING. * * *

WHILE PARAGRAPH 4 PROVIDED:

THAT THE LESSOR WILL KEEP THE ABOVE-DESCRIBED PREMISES IN GOOD REPAIR TO THE SATISFACTION OF THE LESSEE DURING THE OCCUPANCY OF SAME UNDER THIS LEASE.

ON NOVEMBER 24, 1923, A SUPPLEMENTAL AGREEMENT WAS EXECUTED WHEREBY THE RENT OF THE PREMISES WAS INCREASED $25 PER MONTH UPON CONDITION THAT---

THE CONTRACTOR IS TO PAPER THE MAIN ROOM (20 BY 50 FT.) RENOVATE GENERALLY THE HALLS AND WASHROOM, PAINT THE STAIRS, PUT IN ADDITIONAL NECESSARY LIGHTS AND AN ADDITIONAL RADIATOR.

THE EVIDENCE SHOWS THAT THE WORK STIPULATED WAS PERFORMED BUT THE DATE ON WHICH IT WAS COMPLETED DOES NOT APPEAR. THIS WORK, HOWEVER, IN SO FAR AS IT AFFECTED THE ROOM OCCUPIED BY THE GOVERNMENT WAS PROVIDED FOR IN THE ORIGINAL LEASE AS THE REPAPERING OF THE ROOM CAN ONLY BE CONSTRUED AS REPAIRS WHILE THE LESSOR WAS ALREADY OBLIGATED TO FURNISH THE NECESSARY HEAT AND LIGHT. THE RENOVATION OF THE HALLS, STAIRS, AND TOILET, WHICH WERE IN COMMON USE BY ALL TENANTS OF THE BUILDING, WAS NOT FOR THE EXCLUSIVE BENEFIT OF THE GOVERNMENT BUT IMPROVEMENTS IN WHICH ALL TENANTS SHARED. IT IS THEREFORE CONCLUDED THAT THE SUPPLEMENTAL AGREEMENT PROVIDING FOR INCREASED RENT WAS WITHOUT CONSIDERATION AND THE PAYMENT OF SUCH INCREASED RENT UNAUTHORIZED.