Current through Register Vol. XXXIX, No. 11, March 18, 2022
5.1.
General.
A lease shall be prepared by the Executive Director. The term
of the lease shall not exceed forty years. Leases for a term of more than six
months, including any options, shall be filed with the State Auditor. If the
term of the lease is for a period longer than one year, the following terms and
conditions, in substance, shall be included in the lease:
5.1.a. The Department of Administration, as
lessee, has the right to cancel the lease without further obligation on the
part of the State upon thirty days' written notice to the lessor, such notice
being given at least thirty days prior to the last day of the succeeding
month.
5.1.b. The lease shall be
considered canceled without further obligation on the part of the State in the
event the West Virginia Legislature or the federal government fails to
appropriate sufficient funds with which to pay the rentals and other sums
reserved in the lease, or otherwise acts to impair the lease or causes it to be
canceled. The Department of Administration shall promptly give written notice
of such cancellation to the applicable lessor.
5.1.c. The lease shall be considered renewed
for each fiscal year during the term of the lease unless canceled by the
Department of Administration before the end of the then current fiscal
year.
5.2. The lease may
be executed in any number of counterparts, as determined by the Executive
Director, each of which shall constitute an original and which taken together,
shall constitute one and the same lease. All leases shall be acknowledged
before a notary public by each signatory.
5.3. Execution by the Lessor.
5.3.a. Prior to execution of a lease, the
lessor shall register as a vendor with the Purchasing Division pursuant to
Subsection 3.2.f of this Rule.
5.3.b. When the lessor is a corporation, or
other corporate entity, the lease shall be executed by its president or vice
president and duly attested to by another officer of the corporation. The
corporate seal shall be affixed, when available.
5.3.c. When the lessor is a limited liability
company which is member managed, any member authorized to bind the limited
liability company shall execute the lease. When the lessor is a limited
liability company which is manager managed, the manager shall execute the lease
on behalf of the limited liability company.
5.3.d. When the lessor is an individual or
sole proprietor, the lease shall be executed by the owner of the property or
his or her authorized representative.
5.3.e. When the lessor is a partnership, any
partner authorized to bind the partnership shall execute the lease. In a
limited partnership, the general partner may execute the lease on behalf of the
limited partners.
5.3.f. When an
individual or sole proprietor lessor is married, his or her spouse must also
execute the lease, even if the subject property has been deeded to only one of
the parties.
5.3.g. If an
individual or corporate entity other than the owner of the property is
authorized to execute the lease on behalf of the owner or receive rentals and
notices, written authorization, duly signed by the property owner, shall be
filed with the Executive Director at the time of execution of the lease by the
lessor.
5.4. Execution
by the Lessee.
The Executive Director shall execute each lease in the name
of the State for and on behalf of the spending unit requesting the space after
execution by the lessor. Execution of a lease by the Executive Director on
behalf of a spending unit will in no way make the Executive Director, the
Secretary or the Department of Administration, or any party other than the
spending unit requesting the space, responsible for the payment of any rentals
or other sums contemplated by the lease. All rentals and other sums shall be
paid by the spending unit on whose behalf the Executive Director executed the
lease.
5.5. Approval as to
Form.
Following execution of the lease by the Executive Director,
the lease shall be transmitted to the office of the Attorney General for
approval as to form. Leases that have been approved as to form by the Attorney
General shall be filed with the Real Estate Division, with copies being sent to
the lessor, the office of the Auditor if the term of the lease, including any
options, is for more than six months, and the spending unit.
