44 Ill. Adm. Code 1300.4025
Lease Requirements
Section 1300.4025 Lease
Requirements
a) Length of Leases
1) Maximum
Term. Except when a longer term is authorized by law,
leases shall be for a
term not to exceed 10 years inclusive of proposed contract renewals and shall
include a termination option in favor of the
OAG
after 5 years
. [30
ILCS 500/40-25(a)]
2) Renewal
Option.
Leases may include a renewal option. An option to renew may be
exercised only when the
CPO
determines in writing that renewal is in the
best interest of the State and notice of the exercise of the option is
published in
the next available issue of the Illinois Procurement Bulletin.
[30 ILCS 500/40-25(b)]
3) Holdover.
No lease may continue on a month-to-month or other holdover basis for a
total of more than 6 months
. [30 ILCS 500/40-25(d)]
b)
Subject to
Appropriation
All leases shall recite that
they are subject to termination and cancellation in any year for which the
General Assembly fails to make an appropriation to make payments under the
terms of the lease.
[30 ILCS 500/40-25(c)]
c) Lessor's Failure to Make
Improvements
Each lease must provide for actual
or liquidated damages upon the lessor's failure to make improvements agreed
upon in the lease. The actual or liquidated damages shall consist of a reduction
in lease payments equal to the corresponding percentage of the improvement
value to the lease value. The actual or liquidated damages shall continue
until the lessor complies with the lease and the improvements are
accepted
by the OAG. [30 ILCS 500/40-55]