N.M. Admin. Code § 1.5.21.14 - FINAL APPROVAL AND PROCESSING OF LEASE
A.
PCD authorization to enter
lease : PCD shall give written authorization to the agency to proceed to
enter into a lease before the agency may enter into a lease
agreement.
B.
Lease :
(1) After receiving written authorization to
enter into a lease , the agency shall complete three (3) originally-signed
standard New Mexico lease of real property forms (GSD forms) and submit them to
PCD for review and approval. Each lease shall include, as a minimum, the
following attachments:
(a) RFP and amendments
to the RFP;
(b) proposed lessor's
proposal and any clarifications or certifications;
(c) certificate of insurance;
(d) approved record drawings; and
(e) performance bond .
(2) An agency that does not regularly perform
leasing tasks may request PCD to complete the lease forms. The agency will be
responsible for acquiring all signatures, notarizations, and copies of all
attachments and forms.
C.
Performance bond : A
performance bond in the amount equivalent to twenty-five percent (25%) of the
lessee's total first year lease payment shall be submitted by the lessor with
the signed lease . The performance bond secures the lessor's performance to
provide lease space in conformance with the approved lease record drawings and
lease agreement. The bond shall be returned to the lessor upon agency and PCD
acceptance of the lease space for occupancy. In the event that the lessor fails
to provide the lease space conforming to the lease record drawings in the time
period specified in the lease agreement, the bond shall be forfeited to the
agency .
D.
Conflict of
interest: Any lease which may violate the Conflict of Interest Act,
Sections 10-16-1 through
10-16-15 NMSA 1978, shall be
reviewed and approved by the attorney general prior to approval by the PCD
director.
E.
Final
approval: Once the PCD director approves a lease , PCD will keep one copy
of the lease and provide one copy to the agency and one copy to the
lessor.
F.
Occupancy:
No agency shall occupy the leased premises until a lease or lease amendment,
approved by PCD, has been executed.
Notes
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