Project lease agreements.

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  • (1) A local building authority and its creating local entity may enter into a lease agreement with respect to a project that the local building authority:
    • (a) has constructed, acquired, improved, or extended on behalf of the creating local entity; or
    • (b) will construct, acquire, improve, or extend on behalf of the creating local entity.
  • (2)
    • (a) A local building authority and its creating local entity may enter into a lease agreement before the local building authority's acquisition of a site or construction of the project.
    • (b) Each lease agreement described in Subsection (2)(a) shall:
      • (i) provide that the creating local entity is not required to make a lease payment until acquisition or construction of the project is completed; and
      • (ii) require the local building authority to furnish or cause the construction contractor to furnish a bond satisfactory to the creating local entity, conditioned upon:
        • (A) final completion of the project as expeditiously as reasonably possible from the date of the execution of the lease agreement; and
        • (B) delivery of possession of the project to the creating local entity free and clear of all liens and encumbrances, except:
          • (I) taxes, liens, and encumbrances on the local building authority's interest in the leased property; and
          • (II) easements and restrictions that the creating local entity accepts.




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