If a local entity fails to pay a lease payment due to a local building authority under a lease agreement:

(1)  the local entity shall immediately quit and vacate the project;

Terms Used In Utah Code 17D-2-405

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Local entity: means a county, city, town, school district, special district, or special service district. See Utah Code 17D-2-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Project: means an improvement, facility, property, or appurtenance to property that a local entity is permitted under law to own or acquire, whether located inside or outside the local entity's boundary, including:
(a) a public building or other structure of any kind; and
(b) a joint or partial interest in the improvement, facility, property, or appurtenance to property. See Utah Code 17D-2-102
(2)  the local entity’s lease payment obligation under the lease agreement terminates; and

(3)  the local building authority may immediately lease the project according to the provisions of:

(a)  the proceeding under which bonds to fund the project were authorized; and

(b)  any mortgage given to secure the bonds.

Enacted by Chapter 360, 2008 General Session