1 Colo. Code Regs. § 102-1-II
Current through Register Vol. 47, No. 20, October 25, 2024
Section 1 CCR 102-1-II - Leases of Real PropertyA.Definitions1.0LeaseAn agreement under which a tenant receives the possession and use of real property for a certain period of time and the landlord receives the payment of rent and/or the performance of other conditions. For the purposes of these rules, the word "lease" is meant to include sub-leases and inter-agency leases.
2.0LessorThe party who conveyed a right or estate in realty to the lessee under a lease; commonly referred to as the landlord.
3.0LesseeThe party who possesses a right or estate in realty, holding under a lease; also commonly referred to as the tenant.
4.0Real PropertyLand; the surface of the earth and whatever is erected, growing upon, or affixed to the land; including that which is below it and the space above it; synonymous with "land", "realty", and "real estate". For the purposes of these rules, land under the jurisdiction of the State Board of Land Commissioners and leases of land held by the Division of Wildlife or the Division of Parks and Outdoor Recreation are excepted. (reference 24-30-1303(2), C.R.S. 1977, as amended)
5.0AgencyAny State-owned university, college, institution, department or division.
6.0AgentAny person, partnership, association, or corporation authorized or employed by another, called the principal (owner), to act for, on behalf of, and subject to the control of the latter.
7.0Real Estate BrokerAs defined in 12-61-101, C.R.S. 1973, as amended.
8.0Real Estate MarketplaceThe intangible arena in which all real estate transactions take place that together form a market.
B.Rules for Leasing Real Property1.0 Agencies shall notify the Department of Administration, State Buildings Division (SBD), of need and intent to lease real property.1.1 This notification shall occur prior to any contact or negotiation with potential lessors (building owners or agents) or real estate brokers.1.2 Agencies shall submit their request to lease real property on Form SBD 43-80, "Lease Action Request" which will include complete justification needed to evaluate the staff and equipment to be housed, the program functions to be performed and any special requirements. 1.3 The Lease Action Request shall also be used for requests to renew, terminate, extend or amend a lease contract, or to exercise a lease contract option, or whenever a request will result in a contract document requiring execution by the Department of Administration.2.0 Upon receipt of a Lease Action Request, SBD will review and evaluate the request as soon as possible and will then contact the requesting agency to discuss its findings.3.0 Upon approval by SBD, a packet of instructions will be sent to the requesting agency outlining what steps they are to perform and including such information as the physical requirements a building must contain, guidelines for working with real estate brokers, and guidelines in negotiating lease terms in conformance with requirements of the Attorney General and the State Controller, good business practice, and true representation of the Agency's needs and desires. 3.1 SBD will review and approve bids for lease space obtained by the agency and review, assist, and make recommendations during the negotiation of lease terms.3.2 When deemed appropriate, SBD will become directly involved in the bidding and negotiating process as Leasing agent for the State.4.0 Agencies must rely on the services of their assigned attorney(s) in the Department of Law if such services are required to draft a contract or review a contract as to form. (Please refer to Chapter 3, State Fiscal Rules)5.0 Lease contract routing will follow those procedures as provided for in Chapter 3, State Fiscal Rules.