Division of Real Estate Development and Management

DEPARTMENT OF management sERVICES

LEASE MODIFICATIONS

General Information

Lease modifications are changes to the standard lease agreement that change the terms of the original lease. The process varies slightly when executing the different types of modifications. Below is a listing of the required documents needed for processing a Lease Modification.

REQUIRED DOCUMENTS

1.Electronic Request for Space Need

2.Space Allocation Worksheet (FM4100) (if there is a change in full time employees or Square Footage)

3.Lease Requirement Justification (FM 4113A)

4.Modification Form Five Copies (5)

5.Disclosure Statement (FM4114)

6.Certification of Compliance (FM 4113)

7.Are Marshall Approval (if square footage increased)

Steps in processing modifications:

A.Certify Need:

Submit to the Department of Management Services an Electronic Request for Prior Approval of Space Need and a Space Allocation Worksheet. (Not required on a Modification to Change Effective Date and Extend Term of Lease (FM 4068), a Modification to Restructure Rental Rate (FM 4068B) or with a Modification to Change the Effective Date (FM 4059).

B.Receive from the Department of Management Services:

Approval to execute a modification to an existing lease.

C.After receiving approval from the Department of Management Services, submit:

1.Modification Agreement properly executed by all parties.

a. Three (3)original copies for leases 5,000 and above.

b. One (1) copy for leases under 5,000, approved by agency’s attorney.

2.Certification of Compliance, form FM 4113, signed by the agency head.

Steps in processing modifications:

(Continued)

3.Disclosure Statement or updated statement (FM 4114).

4.If any renovations are planned, submit a floor plan, drawn to scale, with dimensions and the square foot calculations shown with State Fire Marshal approval.

D.Receive from the Department of Management Services:

Notice that Modification has been accepted and/or approved and filed by the Department of Management Services.

INSTRUCTIONS FOR COMPLETING MODIFICATION

(1)LEASE NO.: Enter lease number to which modification applies.

(2)MODIFICATION NO.: Enter modification number.

(3)DEPARTMENT: Enter agency name.

(4)LEASE NUMBER: Enter lease number from original lease agreement.

(5)DATE ENTERED INTO: Enter the “enter into date” from page one(1) of lease agreement.

(6)DATE EFFECTIVE: Enter the “term commencing date” from page one (1) of lease agreement.

(7)SQUARE FEET: Enter net rentable square feet from lease or latest modification.

(8)LESSOR’S NAME: Enter Lessor’s name exactly as it appears on the lease agreement or latest change of ownership.

(9)CURRENT DESCRIPTION: Copy current description of premises exactly as stated

on original lease agreement or latest modification.

(10)REQUIRED EFFECTIVE: Enter date this modification is to be effective.

(11)COMMENCING: Repeat date from (10).

(12)AMOUNT OF SPACE: Enter present square footage being leased.

(13)NEW AMOUNT OF SPACE: Enter new total amount of square footage being leased

after modification is commenced.

(14)INCREASED/DECREASED SPACE: Enter increased or decreased square footage

acquired or released by modification, the difference in (14) and (15).

INSTRUCTIONS FOR COMPLETING MODIFICATION

(Continued)

(15)DESCRIPTION: Enter description of space being acquired or released by modification in same format ascurrent description (11).

(16)PRESENT RENT MONIES: Enter present monthly rental amount or enter “See Addendum (Or name of current rent schedule) Attached”.

(16)NEW RENT MONIES: Enter new monthly rental amount after increase or

decrease, or enter See Revised Addendum (Or name of rent schedule) Attached.

(16)NEW DESCRIPTION: Enter new description with acquired space or without released space.

(17)EXECUTION DATE: Enter date modification was executed by the Agency.

(18)LESSOR (INDIVIDUAL) AND WITNESS: Two witnesses are required to attest the signature of individual(s). Their names should be typed under signature line.

Example:

(19)LESSOR (CORPORATION, ETC.) AND WITNESS: Two witnesses are required to attest the signature. Names should be typed under signature line. The Corporate, Trust or Partnership name must be typed and with the corporation, the corporate seal affixed and attested by the secretary of the corporation.

Example:

Signed, sealed and delivered in the presence of:
______
Witness Signature
______
Print or Type Name of Witness
______
Witness Signature
______
Print or Type Name of Witness
As to President, General Partner, Trustee / Name of Corporation, Partnership, Trust, etc.:
By: (SEAL)
Its President, General Partnership, Trustee
ATTEST: (SEAL)
Its Secretary

(20)AGENCY SIGNATURES: The witnesses’ signature line should be completed same as above. The “agency head” line must be signed by the designated person on file with the Department of Management Services including title.

Example:

Frequently Used Modification Forms

The following are modifications commonly approved by the Department of Management Services:

A.Modification to Increase or Decrease Space: (FM 4062)

1.The maximum increase for any lease is 5,000 square feet within a twelve month period. The entered into date of the lease or previous modification is the date the twelve month period commences.

2.The total aggregate square footage increased by modification in any facility or complex cannot exceed 5,000 square feet during a twelve month period.

3.Competitively negotiated leases may be modified to increase the square footage within the first 12 months; negotiated leases cannot be modified to exceed 5,000 square feet the first year.

4.A lease may be reduced in square footage anytime there is a decrease in the need for the space, providing the lessor agrees.

5.Renovations can affect the net rentable square footage in a building. Any difference in square footage noted after renovations must be corrected with this modification.

LEASE MODIFICATIONS

(Continued)

B.Modification to Correct Premises Description: (FM 4138A)

1.This modification is executed when a description error was made in the original lease.

2.This modification may also be used if street names or numbers are changed.

3.If agency moves within the same facility or complex, this modification can correct the description. Lessor is responsible for all relocation cost unless move is requested by the agency and is in the best interest of the state.

4.If square footage changes for any of the above reasons, use FM 4062.

C.Modification to Change Effective Date and Extend Term: (FM 4068)

1.This modification is used when there is a delay in the occupation of a leased space to maintain the lease period stated in the lease agreement.

2.If the delay is the fault of the lessor, the agency may elect to use a Modification to Change the Effective Date form (FM 4059) which does not extend the term of the lease.

D.Modification to Extend Term (FM 4068D), Modification to Extend Term on a Month-to-Month Basis (FM 4068A):

1.These modifications are usually used near the end of the lease term.

2.The Modification to Extend Term is used when the exact date for occupying the replacement space is known.

3.The Modification to Extend Term on a Month-to-Month Basis allows more flexibility because the lease is terminated by giving thirty days notice anytime within the extension period.

4.A lease may only be extended upon the same terms and conditions as the original lease except to reduce the rental rate. An increase in rental rate cannot be approved for an extension period.

5.Leases 5,000 square feet and over may be extended for a cumulative period not to exceed eleven months.

6.Leases under 5,000 square feet may be extended for an indefinite period of time.

LEASE MODIFICATIONS

(Continued)

E.Modification to Restructure Rental Rate (FM 4068B):

1.This modification can be executed any time the lessor is agreeable.

2.If prevailing rental rates are less than rates being paid in a lease, an attempt should be made to negotiate for a lower rate.

3.Reduction of Rental Rate is commonly achieved when a lease is up for renewal using a Notice of Lease Renewal and Restructure Rental Rate (FM 4064B).

4.Florida Statute 255.25, states “During the term of existing leases, each agency shall monitor market conditions and shall initiate negotiations for each lease held in the private sector to effect the best overall lease terms reasonably available to that agency.”

STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

AGREEMENT FOR MODIFICATION TO

INCREASE OR DECREASE SQUARE FOOTAGE

LEASE NO.(1)

MODIFICATION NO.(2)

WHEREAS, the Department of(3), as Lessee, has previously entered into Lease Number (4) , on (5) , effective (6) , which now consists of (7) square feet; the current Lessor being (8) ; and

WHEREAS, the current description of the leased premises is: (Current Description) (9)

; and

WHEREAS, the Lessee has determined that an increase/decrease* in the amount of square footage covered by the lease effective (10) ; and

FM4062 (R05/04)

LEASE NO.

MODIFICATION NO.

THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows:

1. Commencing(11)the lease is amended to increase/decrease* the amount of square feet provided by the Lease from (12) square feet to (13) square feet, thereby resulting in a net increase/decrease* of (14) square feet of space. The description of added/deleted* square footage is:

(15)

; and

2. Corresponding with such increase/decrease* in square footage, the lease is hereby further amended to increase/decrease* the total rent moneys being paid to the Lessor by the Lessee to the amounts shown on the revised rent schedule addendum attached hereto; and description of the leased square footage is described as:

(16)

, and

3. All other covenants and conditions contained in the original lease as amended hereby are readopted and incorporated herein.

FM4062 (R05/04)

LEASE NO.:

MODIFICATION NO.:

IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, this day of , 20 . (17)

ANY MODIFICATION OF A LEASE AGREEMENT SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY THE DEPARTMENT OF MANAGEMENT SERVICES.

ORIGINAL SIGNATURES REQUESTED ON ALL COPIES

Signed, sealed and delivered in the presence of:
______
Witness Signature
______(18)_
Print or Type Name of Witness
______
Witness Signature
______
Print or Type Name of Witness
AS TO LESSOR / Lessor, if INDIVIDUAL (s):
______(SEAL)
(18)
______
Print or Type Name
(SEAL)
______
Print or Type Name
Signed, sealed and delivered in the presence of:
______
Witness Signature
______(19)____
Print or Type Name of Witness
______
Witness Signature
______
Print or Type Name of Witness
As to President, General Partner, Trustee / Name of Corporation, Partnership, Trust, etc.:
(19)
By: (SEAL)
Its President, General Partnership, Trustee
ATTEST: (SEAL)
Its Secretary
Signed, sealed and delivered in the presence of:
______
Witness Signature
______
Print or Type Name of Witness
(20)
______
Witness Signature
______
Print or Type Name of Witness
AS TO LESSEE / LESSEE:
STATE OF FLORIDA
DEPARTMENT OF
By:______
(20)
______
Print or Type Name
______
Print or Type Title
Approved As To Conditions and Need Therefore
Department of Management Services
______Chief,Real Property Administrator
______, Director
Division of Real Estate Development and
Management
Approval Date: ______/ Approved As to Form and Legality, Subject Only To Full and Proper Execution by the Parties
General Counsel
Department of management services
By: ______
______
Print or Type Name
Approval Date: ______/ Approved As to Form and Legality, Subject Only To Full and Proper Execution by the Parties
General Counsel
Department of
By: ______
______
Print or Type Name
Approval Date: ______

FM4062 (R05/04)

SAMPLE MONTHLY RENTAL RATE SCHEDULE

Lease No. ______

Rental Rate Schedule

Effective 05/01/93

TERMAMOUNT PER SQ.FT.MONTHLY RENTAL

First Year$13.50$21,682.13

05/01/93 - 08/31/93Twenty-one thousand six hundred

eighty-two dollars and thirteen cents

Second Year$14.18$22,774.26

09/01/93 - 08/31/94Twenty-two thousand seven hundred

seventy-four dollars and twenty-six cents

Third Year$14.89$23,914.58

09/01/94 - 08/31/95Twenty-three thousand nine hundred

fourteen dollars and fifty-eight cents

Fourth Year$15.63$25,103.08

09/01/95 - 08/31/96Twenty-five thousand one hundred

three dollars and eight cents

Fifth Year$16.41$26,355.83

09/01/96 - 08/31/97Twenty-six thousand three hundred

fifty-five dollars and eighty-three cents

STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

AGREEMENT FOR MODIFICATION TO CORRECT

DESCRIPTION OF PREMISES

LEASE NO.:

MODIFICATION NO.:

WHEREAS, the Department of , as Lessee,

has previously entered into Lease Number , on , 20 A.D.,

effective , 20 , A.D., which now consists of square feet

at a quarterly rate of $ , the Lessor being the Department of Management

Services.

WHEREAS, the Lessor agreed to lease to the Lessee and the Lessee agreed to lease from

the Lessor those certain premises described as: (Copy description from lease here)

and;

WHEREAS, both the Lessor and Lessee wish to amend and modify said lease so as to

correct description of premises being leased,

FM 4138A (R05/04)1 of 3

LEASE NO.:

MODIFICATION NO.:

NOW, THEREFORE, in consideration of the mutual promises and covenants herein

contained, the parties hereto hereby agree as follows:

1. Effective , the above described Lease No. is

hereby amended and modified to the correct description of subject premises as:

(Show description here)

and;

2. The covenants and conditions contained in the original State of Florida, Department of

Management Services' Lease Agreement No. , as amended by the above modification,

are readopted by the Lessor and Lessee and incorporated herein.

FM 4138A (R05/04)

LEASE NO.:

MODIFICATION NO.:

IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, this day of , 20 .

ANY MODIFICATION OF A LEASE AGREEMENT SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY THE DEPARTMENT OF MANAGEMENT SERVICES.

ORIGINAL SIGNATURES REQUESTED ON ALL COPIES

Signed, sealed and delivered in the presence of:
______
Witness Signature
______
Print or Type Name of Witness
______
Witness Signature
______
Print or Type Name of Witness
AS TO LESSOR / Lessor, if INDIVIDUAL (s):
______(SEAL)
______
Print or Type Name
(SEAL)
______
Print or Type Name
Signed, sealed and delivered in the presence of:
______
Witness Signature
______
Print or Type Name of Witness
______
Witness Signature
______
Print or Type Name of Witness
As to President, General Partner, Trustee / Name of Corporation, Partnership, Trust, etc.:
By: (SEAL)
Its President, General Partnership, Trustee
ATTEST: (SEAL)
Its Secretary
Signed, sealed and delivered in the presence of:
______
Witness Signature
______
Print or Type Name of Witness
______
Witness Signature
______
Print or Type Name of Witness
AS TO LESSEE / LESSEE:
STATE OF FLORIDA
DEPARTMENT OF
By:______
______
Print or Type Name
______
Print or Type Title
Approved As To Conditions and Need Therefore
Department of Management Services
______Chief, Real Property Administrator
______, Director
Division of Real Estate Development and
Management
Approval Date: ______/ Approved As to Form and Legality, Subject Only To Full and Proper Execution by the Parties
General Counsel
Department of management services
By: ______
______
Print or Type Name
Approval Date: ______/ Approved As to Form and Legality, Subject Only To Full and Proper Execution by the Parties
General Counsel
Department of
By: ______
______
Print or Type Name
Approval Date: ______

FM 4138A (R05/04)

STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

AGREEMENT FOR MODIFICATION TO CHANGE

EFFECTIVE DATE AND EXTEND THE TERM

LEASE NO.

MODIFICATION NO.

WHEREAS, the Department of , as Lessee, has previously entered into Lease Number , on effective , which now terminates on ; the current Lessor being ; and

WHEREAS, the description of the current leased premises is:

; and

WHEREAS, both the Lessor and the Lessee wish to amend the lease to change the effective date, and extend the term of the lease effective .

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto hereby agree as follows:

Commencing , the lease is amended to change the effective date to the day of , 20 ; and
Commencing , the term of the lease shall be extended to and including the day of , 20 ; and
The covenants and conditions contained in the original lease as amended hereby are readopted and incorporated herein.

FM 4068 (R05/04)1 of 2

LEASE NO.:

MODIFICATION NO.:

IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, this day of , 20 .

ANY MODIFICATION OF A LEASE AGREEMENT SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY THE DEPARTMENT OF MANAGEMENT SERVICES.

ORIGINAL SIGNATURES REQUESTED ON ALL COPIES

FM 4068 (R05/04)2 of 2

STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

AGREEMENT FOR MODIFICATION

TO CHANGE EFFECTIVE DATE

LEASE NO.:

MODIFICATION NO.:

WHEREAS, the Department of ,Lessee, has previously entered into Lease Number ,on , 20 ., for a term commencing , 20 ,; the Lessor being the .

WHEREAS, both the Lessor and the Lessee wish to amend and modify said lease so as to

change the effective date of the lease;

NOW, THEREFORE, in consideration of the mutual promises and covenants herein

contained, the parties hereto hereby agree as follows:

1. The above described Lease Number is hereby amended and modified to change the effective date to the day of , 20 .; and

2. The covenants and conditions contained in the original State of Florida, Department of Management Services’ Lease Agreement Number as amended by the above modifications, are readopted by the Lessor and Lessee and incorporated herein.