Illinois Administrative Code
Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT
Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES
Section 2000.4075 - Improvements to Real Property
Universal Citation: 44 IL Admin Code ยง 2000.4075
Current through Register Vol. 48, No. 38, September 20, 2024
a) The Secretary of State will rent private space that requires minimal improvements to meet State needs. Temporary and permanent improvements may, however, be necessary to make the property appropriate for SOS use. When necessary, these improvements are an integral part of the lease.
b) Improvements to leasehold property may result in the enrichment of the building owner. Unjust enrichment shall be avoided and controlled using the following:
1)
Temporary Improvements
A) Temporary
improvements are defined as goods and services provided to meet the specific
physical needs of the department occupying leased space. Temporary improvements
are those that primarily benefit the tenant although there may be coincidental
benefits to the lessor after the term of the lease. The value of temporary
improvements will generally be fully depreciated by the end of the lease.
Examples of temporary improvements include painting, carpeting, interior
non-load bearing office partitions, and provision of wiring, lighting, heating,
and cooling beyond minimal building standards to satisfy needs for electronic
or scientific equipment or other such reasons.
B) Temporary improvements may be contracted
for as a provision in a lease, as a lease amendment, or as a separate contract.
The temporary improvement is integrally related to SOS leasing authority and
must be approved by the CPO.
C) The
CPO will approve temporary improvements only upon a showing that the requested
services and incidental goods are necessary for the operation of the agency and
are of a quality designed to last for the duration of the lease or some lesser
period. The CPO may suggest or require alternatives to the temporary
improvements requested by the department.
D) Payment for temporary improvements may be
made as an addition to base rent made in monthly installments over the term of
the lease. If more beneficial, a single additional payment may be made to cover
the costs of temporary improvements.
2) Permanent Improvements
A) Permanent improvements are those that
would clearly benefit the lessor beyond the term of the lease. These are
defined as goods or services provided to meet basic occupancy requirements of
habitability, building and health code compliance, and fitness for the general
purpose intended (i.e., for office as opposed to warehouse space, etc.). Value
of permanent improvements will generally not be fully depreciated under normal
depreciation tables. Examples include structural work, providing basic heating
and air conditioning units, utility service, restrooms, elevators, paving, and
insulation.
B) Permanent
improvements may only be contracted for in the initial lease or as an amendment
to the lease.
C) The CPO will
review all requests for permanent improvements and determine whether they are
necessary, whether temporary improvement could suffice, or whether another
location would prove to be more cost-effective.
D) All permanent improvement items will be
assigned a normal life for depreciation purposes and the cost of such
improvements will be noted. The State will not pay more than its proportionate
share of the permanent improvement cost as shown by the lease term divided by
the normal life times the actual cost.
E) If circumstances require full payment
during the term, the lease will provide for:
i) renewals at the State's option in initial
lease term increments until improvement is fully amortized; and
ii) an option to remove any permanent
improvement that it paid for, leaving the building in the condition it was in
at the start of the lease; or
iii)
a rebate of the unamortized value of the permanent improvements.
F) A purchase option at fair
market value less value of permanent improvements may substitute for
subsections (d)(4) and (d)(5) in extraordinary circumstances.
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