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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 45 - Public Welfare |
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Subtitle B - Regulations Relating to Public Welfare |
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Chapter XIII - Administration for Children and Families, Department of Health and Human Services |
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SubChapter B - The Administration for Children and Families, Head Start Program |
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Part 1303 - Financial and Administrative Requirements |
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Subpart E - Facilities |
§ 1303.50 - Third party leases and occupancy arrangements.
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§ 1303.50 Third party leases and occupancy arrangements.
(a) After November 7, 2016, if a grantee receives federal funds to purchase, construct or renovate a facility on real property the grantee does not own or to purchase or renovate a modular unit on real property the grantee does not own, the grantee must have a lease or other occupancy agreement of at least 30 years for purchase or construction of a facility and at least 15 years for a major renovation or placement of a modular unit.
(b) The lease or occupancy agreement must:
(1) Provide for the grantee's right of continued use and occupancy of the leased or occupied premises during the entire term of the lease;
(2) Designate the regional grants management officer to receive a copy of any notice of default given to the grantee under the terms of the agreement and include the regional grants management officer's current address;
(3) Specify that the responsible HHS official has the right to cure any default under the lease or occupancy agreement within the designated period to cure default; and,
(4) Specify that the responsible HHS official has the right to transfer the lease to another interim or replacement grantee.