LAND AGREEMENT
between
THE UNITED NATIONS [FULL NAME OF LEAD AGENCY SIGNING ON BEHALF OF
PARTICIPATING AGENCIES]
and
[NAME OF HOST COUNTRY]
WHEREAS, the Government of [COUNTRY] (hereinafter referred to as “the
Government”) is willing to provide, at no charge, the below-described land to be used as
the location for the new UN House for the United Nations [FULL NAME OF LEAD
AGENCY] (hereinafter referred to as “[ACRONYM OF LEAD AGENCY]”) representing the
UN Funds, Programmes, and Specialized Agencies, including [ACRONYM OF LEAD
AGENCY] (hereinafter referred to as “the UN System”) in [COUNTRY].
WHEREAS, [ACRONYM OF LEAD AGENCY] and the Government desire to formalize the
use of the land located at [ADDRESS], [CITY], [COUNTRY].
NOW THEREFORE, [ACRONYM OF LEAD AGENCY] and the Government in
consideration of their mutual undertakings hereby agree as follows:
Article 1
LAND
The Government being the owner of the land located at [ADDRESS], [CITY], [COUNTRY].
described in Annex I [INSERT DESCRIPTION OF THE SIZE OF THE LAND PLUS AREA MAP]
agrees to provide to [ACRONYM OF LEAD AGENCY] and [ACRONYM OF LEAD AGENCY]
agrees to take, for the construction of the new UN House, the land measuring [INDICATE
AMOUNT OF SURFACE AREA IN ACRES], bearing plot number (fully shown in Annex I),
with its appurtenances for so long as [ACRONYM OF LEAD AGENCY] or any other Funds,
Programmes or Specialized Agencies of the UN system maintain offices in [COUNTRY].
The land shall be made available immediately upon signature of this Agreement, free of
charge, rent, taxes, levies or other duties to [ACRONYM OF LEAD AGENCY].
Article 2
CONSTRUCTION
30 June 2008
TTCP – STANDARD LAND AGREEMENT
1
[ACRONYM OF LEAD AGENCY] shall have the right to construct office premises for the
use of the UN System in [COUNTRY] and install equipment , ancillary amenities and
connections for utilities, such as electricity, water, telephone, telex, satellite
communications, gas, drainage and sewerage as may be required for the offices. The
costs of such construction shall be borne by the UN System as agreed among them in a
separate Memorandum of Understanding.
Article 3
OWNERSHIP OF LAND AND BUILDINGS
1. The Government warrants and represents that all ownership title, rights and interest in
the land are vested in the Government, full and clear of any encumbrance and
undertakes not to, other than pursuant to Article 1 above, dispose of any interest in
the land or encumber the same. To this end, the Government shall defend [ACRONYM
OF LEAD AGENCY] against any and all claims to or in respect of the land by third
parties.
2. Subject to the last paragraph of this Article 3, [ACRONYM OF LEAD AGENCY]
undertakes not to make any dispositions of or in any way encumber the rights and
interests granted to it by the Government pursuant to Article 1 above.
3. Title to all the buildings, fixtures and installations to be constructed on the said land
(the “UN House”) shall at all times vest in [ACRONYM OF LEAD AGENCY].
4. In the event that [ACRONYM OF LEAD AGENCY] decides to transfer the UN House to
the Government, the Government shall pay compensation to [ACRONYM OF LEAD
AGENCY] for the then fair market value of the UN House constructed and installations
at the UN System’s expense; it being understood that [ACRONYM OF LEAD
AGENCY]’s rights and interest over the land granted to it pursuant to Article 1 shall
revert to the Government without charge for the value thereof.
Article 4
USE OF LAND AND BUILDINGS
The Government hereby grants to [ACRONYM OF LEAD AGENCY] all rights to the
exclusive occupation, utilization and undisturbed possession of all of the said land and
all of the buildings and appurtenances to be constructed thereon for as long as the as
[ACRONYM OF LEAD AGENCY] or any other Funds, Programmes or Specialized Agencies
of the UN system maintain offices in [COUNTRY].
30 June 2008
TTCP – STANDARD LAND AGREEMENT
2
The UN House shall be utilized by the [ACRONYM OF LEAD AGENCY] primarily as UN
System offices in the country and for such other purposes as the [ACRONYM OF LEAD
AGENCY] may desire.
Article 5
TERMINATION
It is understood that the [ACRONYM OF LEAD AGENCY] may terminate this Agreement at
any time upon giving notice to the Government not less than (30) thirty days before such
termination.
a) In the event of such termination where [ACRONYM OF LEAD AGENCY] has
commenced construction on the land, the land shall revert back to the
Government and the Government shall compensate [ACRONYM OF LEAD
AGENCY] for the value of the works completed up to the termination date;
b) In the event of such terminations where [ACRONYM OF LEAD AGENCY] has
completed construction, the Government shall compensate [ACRONYM OF LEAD
AGENCY] for the then fair market value of the UN House and installations as
outlined in Article 3, para. 3;
c) In the case [ACRONYM OF LEAD AGENCY] decides to close down its Office in the
country, it shall have the right to transfer its interest in the land and ownership
title to the UN House and installations to any other United Nations Fund,
Programme, or Specialized Agency in the country, upon notification to the
Government, or at the Government's request, to the Government. Where such
transfer is to the Government, the Government shall compensate [ACRONYM OF
LEAD AGENCY] as set out in Article 3, para. 3.
Article 6
QUIET POSSESSION
1. The Government shall ensure that [ACRONYM OF LEAD AGENCY]’s occupation and
use of the land is and remains free of any encumbrances, liens or interest of third
parties. To this end, the Government shall defend [ACRONYM OF LEAD AGENCY]
against any and all claims to or in respect of the land by third parties.
2. [ACRONYM OF LEAD AGENCY] shall enjoy full and quiet possession of the land
granted under this Agreement. The Government shall take the necessary steps to
ensure that the use made of areas and buildings in the vicinity of the land due not
30 June 2008
TTCP – STANDARD LAND AGREEMENT
3
adversely affect its usefulness for the purpose for which it is used by [ACRONYM OF
LEAD AGENCY].
Article 7
SETTLEMENT OF DISPUTES
Any dispute between the Parties arising out of or relating to this Agreement which cannot
be settled by negotiations or other agreed mode of settlement shall be submitted to
arbitration at the request of either Party. Each Party shall appoint one arbitrator, and the
two arbitrators so appointed shall appoint the third, who shall be chairman. If, within
(30) thirty days of the request for arbitration, either Party has not appointed an arbitrator
or if within (15) fifteen days of the appointment of two arbitrators the third arbitrator has
not been appointed, either Party may request the President of the International Court of
Justice to appoint an arbitrator. The procedure of the arbitration shall be fixed by the
arbitrators, and the expenses of the arbitration shall be borne by the Parties as assessed by
the arbitrators. The arbitral tribunal shall have no authority to award punitive damages.
The arbitration shall contain a statement of the reasons on which it is based and shall be
accepted by the Parties as the final adjudication of the dispute.
Article 8
PRIVILEGES AND IMMUNITIES
Nothing contained in this Agreement shall be deemed as a waiver, express or implied, of
the privileges and immunities enjoyed by [ACRONYM OF LEAD AGENCY] or the UN
system, whether pursuant to Convention on the Privileges and Immunities of the United
Nations or any other Convention, law or decree of an international or national character
or otherwise.
Article 9
GENERAL PROVISIONS
1. Any modification of this Agreement shall be by mutual consent of the Parties and
shall be in writing.
2. The Foreign Secretary, Ministry of Foreign Affairs shall in all matters relating to this
Agreement be the authorized representative of the Government.
3. The Resident Representative of the [ACRONYM OF LEAD AGENCY] in [COUNTRY]
shall in all matters relating to this Agreement be the authorized representative of the
[ACRONYM OF LEAD AGENCY].
30 June 2008
TTCP – STANDARD LAND AGREEMENT
4
4. This Agreement shall benefit any assignee of [ACRONYM OF LEAD AGENCY]
contemplated in the last paragraph of Article 5c.
Article 10
INTERPRETATION
This Agreement shall be interpreted in the light of its primary purpose: to enable
[ACRONYM OF LEAD AGENCY] to fully and efficiently discharge its responsibilities and
fulfill its objectives in _______________.
Article 11
ENTRY INTO FORCE
This Agreement shall enter into force on the date of its signature by the Parties.
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures on the dates
indicated beneath their respective signatures.
DONE, in __________________ in two originals in the English language, this ______
day of ____________, in the year _________.
FOR GOVERNMENT:
FOR [ACRONYM OF LEAD
AGENCY]:
By:______________________
By:__________
Title:______________________
Title:_______________________
WITNESS:
WITNESS:
By:_________________________
By:_________________________
Title:__________________________
Title:_________________________
30 June 2008
TTCP – STANDARD LAND AGREEMENT
_
5