Maine Revised Statutes Title 5 Sec. 1783 – Lease of state-owned facilities
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The director shall negotiate and have final approval of any lease or rental contract for all or a portion of any available state-owned building or facility. No available state-owned facility or building may be leased except as provided in this section, Title 12, Title 23, Title 30, chapter 233, and Resolve 1986, chapter 68. [PL 1985, c. 758, §1 (NEW).]
1. Unused state facilities. In the event that an agency of jurisdiction finds that it has no need for an available facility, for a period of at least one year, the director may lease the available facility.
[PL 1985, c. 758, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 1783
- Agency of jurisdiction: means the state agency which has use of and jurisdiction over the facility. See Maine Revised Statutes Title 5 Sec. 1782
- Available facility: means a facility in which all or a part of the facility is unused and available for leasing. See Maine Revised Statutes Title 5 Sec. 1782
- Contract: A legal written agreement that becomes binding when signed.
- Director: means the Director of the Bureau of General Services. See Maine Revised Statutes Title 5 Sec. 1782
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Other organization: means any not-for-profit, sole proprietorship, partnership, corporation or association that is not a state agency. See Maine Revised Statutes Title 5 Sec. 1782
- State agency: means an agency of State Government as defined in section 8002, subsection 2. See Maine Revised Statutes Title 5 Sec. 1782
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. State agencies to be given priority. In providing for the lease of an available facility, the director shall first offer the available facility to state agencies in the following order:
A. State agencies or sub-units of state agencies which are not located in state-owned facilities; and [PL 1985, c. 758, §1 (NEW).]
B. State agencies located in state-owned facilities. [PL 1985, c. 758, §1 (NEW).]
[PL 1985, c. 758, §1 (NEW).]
3. Lease of state-owned facilities to other organizations. In the event that no state agency leases the available facility as provided in subsections 1 and 2, the director, with the approval of the commissioner or director of the agency of jurisdiction, may, by competitive bid, offer to lease the facility to any other organization.
A. Whenever the director offers to lease the available facility pursuant to this subsection, the director shall offer the lease to only those types of organizations that the agency of jurisdiction finds to be compatible with or conducive to the operation and services of the agency of jurisdiction. [PL 1985, c. 758, §1 (NEW).]
B. Notwithstanding this subsection, the director may lease an available facility or portion of an available facility to a type of organization described in paragraph A without competitive bidding if:
(1) A total of 2,500 square feet or less in the available facility is unused and therefore available for lease; or
(2) The space leased is limited to 50% or less of the available facility up to a total of 20,000 square feet. [PL 2001, c. 525, §2 (NEW).]
[PL 2001, c. 525, §2 (AMD).]
4. Standards. In offering a lease under the provisions of subsection 3, the director shall include standards and conditions in the lease as determined by the commissioner or director of the agency of jurisdiction which, at a minimum, include the following:
A. The types of uses compatible with and conducive to the activities of the agency of jurisdiction; and [PL 1985, c. 758, §1 (NEW).]
B. The types of activities in which the lessee may engage which, at a minimum, shall include the following:
(1) Any services or programs that the lessee is required to provide or offer;
(2) Termination of lease provisions, to include 60-day notice by either the State or the lessee;
(3) Capital improvements to be made or equipment to be provided by the lessee;
(4) The length of the lease not to exceed 2 years, except when the director, with the approval of the commissioner or director of the agency of jurisdiction, finds that a longer term lease will accrue benefit to the State;
(5) Following notice as provided in this subsection, termination of the lease by the State to accommodate the needs of a state agency; and
(6) Any other provisions deemed necessary by the agency of jurisdiction or the director. [PL 1985, c. 758, §1 (NEW).]
[PL 1985, c. 758, §1 (NEW).]
SECTION HISTORY
PL 1985, c. 758, §1 (NEW). PL 2001, c. 525, §2 (AMD).