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B-132152-O.M. 1 (1957-06-13)

handle is hein.gao/gaobadain0001 and id is 1 raw text is: 



                  UNITED  STATES   GENERAL   ACCOUNTING OFFICE
                                WASHINGTON   25, D. C.

CLAIMS DIVISION
    IN( REPLY PLEASE QUOTE
          Aa-Z-166802 (1)-AEJ-7




          The Coiptroller Genaral

              erewith   is the claim of The  atirement Pund of  dical  Corps,
         Athens, Greece,  in the sum of 630.00 Greek Drachmas (021.00), for
         payment  of the United Statoe Infornation Agency'b Mcare of  ire
         insurance premium  fot caldndar year 1955 on the Goverzont-leased
         U.S.I.S. library  premises, located at 5o. 29 Stadium Street (formerly
         Churchill Street), Athens,  Greece.   /

              Paragraph  5 of the original lease under thich the promises are
         occupied, contract No. S-23  fa-25, dated July 1, 1948 (now IA-23-25),
         provides that the  lessor accepts full and aole responsibility for the
         pgment   of all taxns and azy other charges of a public nature which
         are or nay be assessed against  the property of which the premises
         covered by the lease form  a part, *he  amendments tQ the contract
         ovidance increace of rent in  accordance uith the provisions of the
         Greek Rent Control Law.  I

              By zemrandun  of  Jure 18, 1954, the American Embassy, Athens,
         Greece, referred the  claim to the  epartrant of State fur a ruling
         as to the popflety   of payant  of the subject claim and indicati4g
         that similar claims might be  presented. / In reply thereto, the
         .epartant   of State advised that the contract and Amendment go. 2,
         were examined with the  cooperation of the State Site Audit Group
         of our Office, and it was concluded  that both documents tero silent
         as to fire insurance being  payable as a part of rent, as moll as
         other items which the leasee  could be called upon to pay under the
         rent control law in  addition to rent.

              The rile  contains a memorandum fran the Amrican  LMbassy, Athens,
         to the U.S.I.A., Vashington, D.  C., dated July 1,  1956, advising that,
         in its opinion, the  contract evidenced by the Memorandum of Agreement
         of April 11, 1955, was inevitably  drawn with intent to comply fully
         with the Greek aent Control Law,  and had it been intended that the
         lessor would be liable  for full payment of fire insurance premiums,
         contrary to the law, the  Joint Adninistrative Services would un-
         questionably have expressly provided in  the contract that these pay-
         ments would be made by the  lcssor in part consideration of t he stipulated
         contract price.   The memorandum states that the Greek Rent Control Law,
         Which has been in effect since August   , 1947, first required tenants
         to pay a share of the fire insurance premium  on August 31, 1952.  It

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