Real Estate and Leasing Services

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1.Real Estate andLeasing ServicesModule 171

2.Overview•State Leasing, the services they supply and the specific stepsrequired when any new or additional space is required byyour agency will be addressed in the slides.•Also included will be a discussion of the necessary formsand how an appropriate amount of space is determined.2

3.Learner OutcomesStudents will:• Recall that Title 74 is where the statutes reside for State Leasingand that OMES shall make all necessary contracts by or onbehalf of the state.• Recall the net usable square feet are allowed per qualified staffplus any special needs.• Recognize what is required to begin the state leasing process.• Recognize what should be submitted after receiving certificationfrom the Governmental Technology Applications ReviewBoard that the space need could not be eliminated or reducedthrough telework.• Recall when rental payments commence.3

4.Our Mission••Support state agencies by providing quality real estate servicesand serve as stewards of the state’s assets.OMES authority for the assignment of state owned or privatelyleased space and award of such contracts can be found in Title74.4

5.Services•••••••Inventory of state property.Leasing Services– Space leases.– Surface leases.– REALS-managed building leases.Acquisition services.Disposal services.Mineral interests.Easements.Continuing contract management assistance for all REALSadministered contracts.5

6.Inventory of State AssetsREALS created and maintains a comprehensive list of all of theproperty owned or leased by the state. This inventory list ispublished online.The REAL Property Asset report includes:• Numbers At-A-Glance.• Highlighted Properties.• Agency Profiles.•••••••County Profiles.Report of Underutilized Properties.Report of 5% Most Underutilized Properties.Real Property Inventory List.Transportation and Turnpike Rights-of-Way.Mineral Interests.Personal Property Inventory.6

7.Process to Dispose of PropertyTitle 74 61 O.S. § 327 Unless procedures for state agency realproperty transactions are otherwise specifically provided by forlaw, no state agency shall sell, lease, exchange, or otherwisedispose of such real property subject to its jurisdiction, or lease,purchase or otherwise acquire real property subject to itsjurisdiction, except as provided for in this section. As used in thissection, “state agency” means any department, board,commission, institution, agency or entity of state government.7

8.Types of Disposal• Public Auction or Sealed Bid Auction.• Request for Proposal.– Historic.– State Capitol Complex.– Located within a campus owned by the state.• Liquidation.– Must be approved for liquidation by the Long-RangeCapital Planning Commission.– If there are two unsuccessful sealed bid or publicauctions, the property then goes into liquidation.• Interagency or Interlocal Transfer.8

9.Space Lease Authority74 O.S. § 63 - The Director of the Office of Management and EnterpriseServices shall have authority to purchase all material and perform allother duties necessary in the construction, repair and maintenance ofall buildings under its management or control, shall make all necessarycontracts by or on behalf of the state for any buildings or rooms rentedfor the use of the state or any of the officers thereof and shall havecharge of the arrangement and allotment of space in such buildingsamong the different state officers except as otherwise provided by law.74 O.S. § 94 - Except as otherwise provided by law, the Office ofManagement and Enterprise Services shall have full and completeauthority to designate quarters for every department of stategovernment, and to determine what space shall be allotted.73 O.S. § 163 - In order to prevent any defaults or threatened defaults in thepayment of said bonds, the Authority [OCIA] is hereby authorized andempowered, in cooperation with the Office of Management andEnterprise Services , to require state departments and agencies to behoused in a building and to pay rent for the use and occupancy of saidbuilding.9

10.Space Acquisition• After receiving GTARB certification that the space need couldnot be eliminated or reduced through telework, an agencysubmits a Space Request to REALS.• The Real Property Specialist processes the Space Request.• After the space allocation is approved, REALS assists the agencyin determining if any state-owned space is available to satisfythe space requirement.• If no state-owned space is available, the agency is givenassistance with the space procurement process, including:– Advertising.– Evaluating space.– Selecting space.– Ensuring space requirements are met.– Negotiating the contract.– Drafting and executing the contract.10

11.Space Requests• Space standards are not designed to entitle employees to agiven amount of space. They assist REALS in determining spaceneeds, and include a standard allotment per full-time employee.• The standard is 150 net usable square feet for qualifyingemployee (typically 150 per (FTE)full time employee), plus anyspecial space needs.• Special space includes:– Conference rooms.– Storage.– Equipment (e.g, fax machines, copiers).– Break rooms.– Safes.– Reception area.– Evidence rooms.11

12.Contracts• Leases are not valid until they are signed by the agency director,the property owner and OMES REALS.• Rental payments commence after the contract is executed andthe agency occupies the space.• Leasing has standard contracts with standard terms andconditions that are favorable to the state.12

13.Terms and Conditions•••••Leasing forms required.One year lease with options to renew.Asbestos inspection – Department of Labor.Fire and Safety inspection – State Fire Marshal.Scaled Floor Plan – verify the space.Documentation of payment of ad valorem taxes.Liability insurance.ADA compliant.No rental deposits.••••• No open rates or rental escalation.• Permanent improvements prohibited.13

14.Contract Management• Contact renewals.– Purchase orders. REALS processes approximately 750purchase orders for privately leased space annually, totalingapproximately 34 million.– Lease agreement renewal contracts.• Contract amendments.• Deficiencies and issues.• Dispute mediator.14

15.EasementsO.S. § 61.322 - The Director of the Office of Management andEnterprise Services is hereby authorized to grant easements, rightsof-way, and enter into contracts authorizing the construction andmaintenance of telephone, electric transmission and distributionlines, railroad lines, telegraph lines and pipelines across any statelands under the management of said director, and all lands setapart for the use and benefit of any state agency, department, orinstitution including all lands set apart for use of colleges,universities, hospitals and eleemosynary institutions.• REALS manages a historical listing of over 300 easements foragencies under its authority.• Easements are researched, mapped and processed by thecustomer service representative assigned to the project.• An application is requested for all easements and surveys andappraisals are required.15

16.Surface LeasesTitle 74 OS 61 § 323. Authority for OMES to temporarily leasesurface lands.• REALS manages over 3,400 acres of surface-leased land for thestate agencies under its authority.• A customer service representative is assigned to oversee theproject throughout the entire process.• Surface leases are leased through sealed bid auction.16

17.Mineral Interests• OMES approves, executes and records the mineral agreementsalong with managing the process for easements, right-of-wayagreements, surface leases and right-of-entry permits for oil andgas pipelines and remediation activities.• OMES currently holds an Interagency Agreement with theCommissioners of the Land Office for the management of themineral interests under its authority.• OMES approves, signs and records the oil and gas leases andseismic testing permits.17

18.Real Property Acquisition ServicesTitle 74 O.S. 61 § 61-327 – Unless procedures for state agency realproperty transactions are otherwise specifically provided by forlaw, no state agency shall sell, lease, exchange, or otherwisedispose of such real property subject to its jurisdiction, or lease,purchase or otherwise acquire real property subject to itsjurisdiction, except as provided for in this section. As used in thissection, state agency means any department, board, commission,institution, agency or entity of state government.• Ensure space acquisition is consistent with rules on spaceallocation, as appropriate.• Analyze request for purchase and recommend Long RangeCapital Planning Commission(LRCPC) review, as needed.• Evaluate property for appropriateness and identify additionalproperties for consideration as needed.– Negotiate or assist with negotiation of contract.– Facilitate closing process.18

19.Contract Real Estate andLeasing ServicesMelissa [email protected], Real Estate and Leasing Services522-0367Carie [email protected] Director521-6158Ramona Parker, Real Estate SpecialistSpace Requests and Purchase [email protected]

20.CONTINUE TO MODULE 1820

21.


Title 74 61 O.S. § 327 Unless procedures for state agency real property transactions are otherwise specifically provided by for law, no state agency shall sell, lease, exchange, or otherwise dispose of such real property subject to its jurisdiction, or lease, purchase or otherwise acquire real property subject to its jurisdiction, except as provided for in this section.

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