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Frequently Asked Questions - REALS
Fill out the easement application form, including payment for the easement application fee, and submit it to the OMES Real Estate and Leasing Services.
- Real Property Disposal Fee: 4 percent of the total sales prices, deducted from the sale price.
- Interagency Transfer or Exchange Fee: $200 flat fee with an hourly rate of $60 per hour for additional services such as research, space evaluation and assessment. Assessed when transfer or exchange of property is facilited between state agencies or entities.
- Easement Application Fees: $200 for the initial application and any subsequent applications for renewal or reinstatement.
- Surface Lease Fee: 6 percent of the total contract amount for the management of surface leases on state-owned land.
- Mineral Royalties and Bonuses: 6 percent of the total contract amount.
- Notify OMES Real Estate and Leasing Services of the property that is to be leased. We will request information such as acreage, proposed uses (such as grazing, hay, crops, etc.) and any special restrictions.
- OMES Real Estate and Leasing Services will create auction dates, bid information and advertising.
- OMES Real Estate and Leasing Services will run the auction, including site visits for inspection of the property, and conduct a bid opening with any received bids at the end of the auction period. The auction period is normally about one month long.
- At the close of the auction, OMES Real Estate and Leasing Services will notify the winning bidder and request a list of expenses from your agency for reimbursement.
- After the winner has been notified, OMES Real Estate and Leasing Services will have them sign a contract and pay the remaining amount for their first year. OMES Real Estate and Leasing Services will disburse the funds at this time.
- Notify OMES Real Estate and Leasing Services of the surplus property. We will request information on the property.
- OMES Real Estate and Leasing Services will seek approval from the Long-Range Capital Planning Commission (LRCPC) to sell/transfer the property.
- Once approval from the LRCPC has been obtained, agency will obtain an appraisal of the property, possibly a survey and abstract.
- Once the appraisal is obtained, OMES Real Estate and Leasing Services will create advertising and bid information.
- OMES Real Estate and Leasing Services will run the auction, including site visits for inspection of the property, and conduct a bid opening with any received bids at the end of the auction period.
- At the close of the auction, OMES Real Estate and Leasing Services will notify the winning bidder, execute the contract and work with your agency.
- OMES Real Estate and Leasing Services will create the deed for transfer of the property for your agency to sign and set a closing date with the buyer.
- After closing, OMES Real Estate and Leasing Services will disburse money from the sale to the Maintenance of State Buildings Revolving Fund minus fees and reimbursements.
Contact OMES Real Estate and Leasing Services to inform them of the surplus property. They will then begin the process of disposing the property.
The OMES Real Estate and Leasing Services office compiles a list of property from state agencies and publishes it on the OMES website at the end of December. The Real Property Inventory can be found on omes.ok.gov and at http://data.ok.gov.
Go to omes.ok.gov, hover on Services and choose Real Estate & Leasing Services, then choose Forms & Reports listed under Resources.
The agency must have specific statutory authority to purchase or lease-purchase real property. If the agency has such authority, contact the OMES Real Estate and Leasing Services office for information regarding this type of transaction.
The agency must use a Change of Lessor form to make a change of ownership of a property.
A lease is a legally binding contract; therefore the agency is legally entitled to occupy the space until the end of the last option period.
The owner is legally bound by the terms and conditions of the Lease Agreement and cannot increase the rent until the expiration of the last option year.
A Renewal Lease Agreement form will not be required if both the following conditions exist:
- There are any options remaining to renew the existing lease for another year; and,
- All terms and conditions remain the same unless a change has occurred via a legal alteration to the lease which had been authorized by REALS.
Proper documentation of payment of ad valorem taxes and a Certificate of Liability Insurance are still required with a renewal via Change Order.
- A current Certificate of Insurance.
- Documentation of lessor’s payment of current ad valorem taxes from the county treasurer.
- Purchase requisition or purchase order showing the new contract period.
Yes. Notification of changes to the lease is required in accordance with specific language in the applicable Lease Agreement. If the lessor failed to give timely notification, then the lease may be renewed under the terms and conditions of the current contract period.
- Your agency will be responsible for requesting all inspections.
- Asbestos: The inspection shall be done by the State Department of Labor.
- Life Safety Code Inspection: The inspection can be done by either the state fire marshal or the applicable city fire marshal.
Your agency is responsible for requesting the inspection from the State Fire Marshal or the applicable City Fire Marshal.
Yes. At a minimum, the space should have an A.D.A. restroom and the entrance into the space must be accessible. The degree of compliance will be determined by the agency as determined necessary to meet appropriate staff and programmatic needs for the specific space. Consult the OMES Real Estate and Leasing Services office or your agency A.D.A. officer for assistance.
No. The state cannot legally make permanent improvements to private property (i.e., electrical, lighting, etc.). All construction/renovation costs are the responsibility of the property owner. If the agency requires an improvement after initial occupancy, contact the OMES Real Estate and Leasing Services office for assistance.
The ceiling, established by the Office of Management and Enterprise Services, is the maximum rental consideration to be made for non-state owned facilities. It is not to be interpreted as the standard rate, only as the maximum annual rate per square foot. Until further notice, rental rates are evaluated and considered on a case-by-case basis.
No. An agency can deal only with a building owner, building manager or primary listing broker of a property.
Advertisement is mandatory if the authorized amount of space exceeds 2,500 square feet. An agency may also be required to advertise for space less than 2,500 square feet at the discretion of OMES Real Estate and Leasing Services.
No. Additional square footage is not allowed for the purpose of providing for private office space. Further, no private office within the total amount of space allowable to the agency can exceed 300 square feet.
Individual employees are not entitled to a specific amount of square footage. The allocated 150 square feet per full time employee is an allowance to the agency for the purposes of space planning.
The base formula for space allocation to an agency is 150 square feet per full time employee. Additional square footage may be allocated for special space needs (e.g., conference room, file cabinets, storage, etc.) if the space meets the criteria defined in OAC 260:95-1-4
No. The Space Request form must be approved by OMES Real Estate and Leasing Services prior to seeking new space. Ref: OAC 260:95-1-5.
In such case, the agency must still submit a Space Request form to OMES Real Estate and Leasing Services, and a written agreement will be required. Contact the OMES Real Estate and Leasing Services office for further instructions.
No. All leases for space, regardless of size and dollar value, must be authorized by OMES Real Estate and Leasing Services. Leasing of real property is not included in the Central Purchasing Act; therefore, Central Purchasing procedures and purchasing thresholds are not applicable.
An agency must submit a Space Request form to OMES Real Estate and Leasing Services. An agency is restricted from looking for space until the square footage authorization has been approved by OMES.
Click on the Real Estate and Leasing Services link in the left-side navigation on the Division of Capital Asset Management home page, then click the Forms link.
The OMES Real Estate and Leasing Services office provides general assistance to state agencies in all aspects of real property contracting, including easements, mineral leases, surface leases, purchase, sale or transfer of real property, acquisition of leased space, space reductions, reporting and contract management. The OMES Real Estate and Leasing Services office created and maintains a comprehensive list of all property owned or leased by the state.
OMES is statutorily charged with the responsibility for the inventory of real property assets, assigning all space in state-owned and non-state-owned facilities, disposal of surplus real property, acquisition of real property, authorizing the amount of space to be used by state agencies, easements on state property and executing all real estate contracts on behalf of state agencies. The director of OMES has delegated these responsibilities to the OMES Real Estate and Leasing Services office.
- Oklahoma State Statutes:
- 61 O.S. § 908
- 61 O.S. § 303
- 61 O.S. § 327
- 61 O.S. § 327.1
- 62 O.S. § 908
- 73 O.S. § 163
- 74 O.S. § 61.8
- 74 O.S. § 63
- 74 O.S. § 94
- Oklahoma Administrative Code:
- Section - 260:95-1-1
- Section - 260:95-1-2
- Section - 260:95-1-3
- Section - 260:95-1-4
- Section - 260:95-1-5
- Section - 260:95-1-6
- Section - 260:95-1-7
- Section - 260:100-1-1
- Section - 260:100-1-2
- Section - 260:100-1-3