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56.813 Request for additional space -- Improvements in premises -- Amendment or modification of leases -- Emergency modification -- Register of proposed lease modifications.

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56.813 Request for additional space -- Improvements in premises -- Amendment or modification of leases -- Emergency modification -- Register of proposed lease <br>modifications. (1) An agency may request that the Finance and Administration Cabinet provide additional space in a building in which space is already leased by the state. If the <br>cabinet determines there is need for more space, the current lease may be amended, <br>with agreement of the lessor, to increase the leased space. However, the rental rate <br>paid for the additional space shall not exceed the square foot rental rate fixed by the <br>original lease. A lease may also be modified with agreement of the lessor to <br>decrease the number of square feet leased and the rent shall be appropriately <br>reduced. (2) (a) When an agency occupying leased premises desires improvements in the premises, the agency shall obtain the cabinet secretary's approval for the <br>improvements at an estimated cost before the lessor makes the improvements. <br>1. If the improvements cost more than one thousand dollars (&#36;1,000), the <br>agency shall obtain the cabinet secretary's approval for the rent increase <br>necessary to amortize the cost of the improvements in full over the life <br>of the lease. No other financing method shall be used. 2. If the improvements cost one thousand dollars (&#36;1,000) or less, the <br>agency shall obtain the cabinet secretary's approval for the dollar amount <br>necessary to pay for the cost of the improvements at direct state expense <br>or the rent increase necessary to amortize the cost of the improvements <br>in full over a period of time which shall run no longer that the life of the <br>lease. No other financing method shall be used. No improvement shall <br>be artificially divided so as to qualify under the provisions of this <br>subparagraph. (b) Any rent increase necessary to amortize a cost pursuant to paragraph (a) of this subsection shall not extend beyond the period required to accomplish the <br>agreed amortization. (c) The cabinet secretary shall amend a lease to reflect a rent increase necessary to amortize a cost pursuant to paragraphs (a) and (b) of this subsection, and the <br>amendment shall state that the rent increase is for the purpose of amortizing <br>this cost. (3) Any modification to an existing lease which is required because of an emergency as described at KRS 56.805(3) shall be made pursuant to KRS 56.805(3) and (4) and <br>this section. (4) The Division of Real Properties, within the Department for Facilities and Support Services, shall maintain a register of all proposed lease modifications which, if <br>approved, will result in the payment of a square foot rate for the leased space which <br>is greater than the square foot rate contained in the original lease. All such proposed <br>modifications shall be filed and kept in the register for public inspection and <br>comment for thirty (30) calendar days. Comments received from the public during <br>the period shall be considered before the lease modification is executed by the parties and becomes binding against the Commonwealth. After receiving <br>comments, if the secretary determines that the proposed modifications are not in the <br>interest of the Commonwealth, he may require the agency to continue operation in <br>its present space or cancel the lease and seek more suitable space. The lessor, under <br>any lease proposed to be modified as contemplated therein, shall be advised of the <br>requirements of this subsection and cautioned that the Commonwealth shall have no <br>liability for any action undertaken by the lessor in anticipation of, but prior to <br>execution of, the modifications of the lease. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 85, sec. 81, effective June 20, 2005. -- Amended 1994 Ky. Acts ch. 177, sec. 2, effective July 15, 1994. </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>