12 Miss. Code. R. 8-500.1 - INCREASES OR DECREASES IN SPACE

(1) Mutually Agreed Increases: Where Lessor and Lessee mutually agree to the addition of space at the same location, such increase, subject to approval of PPRB, may be considered provided:

a. The present lease has six (6) months or more remaining prior to end of Lease term;

b. RPM Space Evaluation Form documents compliance with space utilization guidelines and overall space efficiency is not negatively impacted by the addition of space;

c. The Rental Rate, terms and conditions for the additional space is identical to the present Lease; and,

d. The use for the additional space must be totally dependent on the existing space. Agency or department must show that the added space cannot function efficiently at another location.

(2) Decreases Due to Reduction in Space Needs: Where Lessor and Lessee mutually agree to the reduction of space, such decrease, subject to approval of PPRB, may be considered provided:

a. The present lease has six (6) months or more remaining prior to end of Lease term;

b. The reduction in rent is equal to the space reduced times the current Rental Rate; and,

c. No other terms and conditions are effected by proposed reduction.

(3) Decreases Due to Reduction in Funds: Lessee's assumption of occupancy and the payment of rent is conditional on the receipt of Federal and/or State funds. In the event of a discontinuance or decrease in Federal and/or State funds, and in the event of a discontinuance or decrease in Federal and/or State funds for any cause necessitating a reduction in the Lessee's staff or need for space, the Lessee may unilaterally, and without approval of PPRB, reduce space and corresponding rent in proportion to the reduction in funds without penalty or interest or the Lease may be terminated subject to the following:

a. The Lessee shall notify the Lessor in writing by certified mail at least thirty (30) days in advance of any reduction in space or termination of the Lease;

b. Where return of a portion of space corresponding to reduction in funds is not feasible for Lessor, Lessor may offer a smaller or larger reduction for consideration, or may require termination rather than reduction;

c. The reduction in rent is equal to the space reduced times the current Rental Rate;

d. No other terms and conditions are effected by proposed reduction; and,

e. The Lessee shall promptly notify the RPM Division of any such reduction or termination.

Notes

12 Miss. Code. R. 8-500.1

Adopted 3/16/2018