Title 2, Chapter 10, Section 11
( 2-10-11)
The authority as lessor is authorized to lease any project or group
of projects to the Department of Agriculture as lessee and the
Commissioner of Agriculture is authorized on behalf of the
department to execute and enter upon such leases for the use of a
project or group of projects by the department and the general
public on the following terms and conditions: (1) The leases shall be for a term not in excess of 50 years; (2) The rental to be paid for the use of the project or projects
shall be fixed by the authority and shall be calculated so as to
enable the authority: (A) To pay the principal of and interest on the bonds, the
proceeds of which have been or will be spent on the cost of the
project or projects thus leased, including any premium; (B) To comply with any sinking fund requirement contained in the
trust indenture securing such bonds; (C) To pay the cost of maintaining, repairing, and operating
such project or projects; (D) To perform fully all of the provisions of the trust
indenture securing the bonds to the payment of which such rental
is pledged; (E) To pay the pro rata share of the reasonable and necessary
administrative and operating expenses of the authority,
including any sum or sums that may be owed to the department as
a result of expenditures made by the department under this
article; (F) To accumulate any excess income which may be required by the
bond purchasers or dictated by the requirements of achieving
ready marketability and low interest rates of the bonds; and (G) To pay any expenses incurred in connection with the bond
issue or project or group of projects, such as trustees' fees,
counsel fees, fiscal fees, and the like. (3) The rental shall be payable at such intervals as may be agreed
upon and set forth in such lease; any lease may provide for the
commencement of rental payments to the authority prior to the
completion of the undertaking of the authority with respect to any
project or projects; and it may also provide for payment of rental
during such times as the leased project or group of projects is
partially or wholly untenantable; (4) The lease may obligate the Department of Agriculture, at its
own expense, to maintain and to keep in good repair and to
completely reconstruct, if necessary, the leased projects,
regardless of the cause of the necessity for such maintenance,
repair, or reconstruction. If such provision is included in any
lease, then the maintenance, repair, upkeep, and reconstruction,
if necessary, shall be performed by the department, which is
authorized to expend any sums legally available to it in carrying
out such obligation;
(5) The lease may obligate the Department of Agriculture to
indemnify and save harmless the authority from any and all injury
and damage to persons or property occurring on or by reason of the
leased premises and improvements thereon and to undertake at state
expense the defense of any actions brought against the authority
by reason of injury or damages to persons or property occurring on
or by reason of the leased premises. |