200 KAR 6:060. Lease of new
construction.
RELATES TO: KRS 56.463, 56.800,
56.803
STATUTORY AUTHORITY: KRS 56.463(2),
(8), HB 704
NECESSITY, FUNCTION, AND CONFORMITY:
HB 704 requires proposed new construction to be considered in state procurement
of leased office space pursuant to KRS 56.803 without going through the
build-to-suit process, so long as the proposed new construction does not
contain provision for a lease-purchase or an option to purchase by the state.
This administrative regulation is necessary in order to set minimum
requirements for documentation to be submitted with a proposal for lease of new
construction.
Section 1. (1) In addition to the
information requested in the advertisement made pursuant to KRS 56.803,
proposals for new construction in response to invitations to lease office space
shall include:
(a) Documentation of ownership of
proposed property (i.e. copy of deed or option to purchase);
(b) Scaled plot of the site
identifying the location of the proposed building and parking area(s);
(c) A vicinity map indicating the
location of the site;
(d) Scaled or dimensioned floor plan
showing the exterior layout of the proposed building, including walls, doors,
windows, columns, and any other structural considerations which may affect
design of the interior space; and
(e) Certification that the property
is properly zoned.
(2) Subsection (1)(a), (b), and (c)
of this section shall be submitted with the initial proposal.
(3) Subsection (1)(d) and (e) of this
section shall be submitted no later than the date of the site inspection
conducted pursuant to KRS 56.803(10).
Section 2. (1) Persons with an option
to purchase property may submit a proposal to lease such property if a valid,
executed option contract is submitted with the proposal.
(2) If a person submits a proposal to
lease property under an option contract and is awarded a lease, the purchase of
the proposed property shall be completed and proof in the form of a deed
submitted along with the signed lease contract. (25 Ky.R. 946; eff. 12-17-98.)