“Applicant” means a person who submits a timely, qualified proposal to the division.
Terms Used In Utah Code 63A-5b-901
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Department: means the Department of Government Operations. See Utah Code 63A-1-103
Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
Division-owned property: means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. See Utah Code 63A-5b-901
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 government entity: means a county, city, town, metro township, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state. See Utah Code 63A-5b-901
Primary state agency: means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection 63A-5b-303(1)(a)(iv). See Utah Code 63A-5b-901
Private party: means a person who is not a state agency, local government entity, or public purpose nonprofit entity. See Utah Code 63A-5b-901
Qualified proposal: means a written proposal that:
(a)
meets the criteria established by the division by rule under Section 63A-5b-903;
(b)
if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; and
(c)
the director determines will, if accepted and implemented, provide a material benefit to the state. See Utah Code 63A-5b-901
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Secondary state agency: means a state agency:
(a)
that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section 63A-5b-304; and
(b)
for which the division does not hold title to real property that the state agency occupies or uses. See Utah Code 63A-5b-901
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State agency: means a department, division, office, entity, agency, or other unit of state government. See Utah Code 63A-5b-901
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transfer of ownership: includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. See Utah Code 63A-5b-901
Vacant division-owned property: means division-owned property that:
(a)
a primary state agency is not occupying or using; and
(b)
the director has determined should be made available for:
(i)
use or occupancy by a primary state agency; or
(ii)
a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. See Utah Code 63A-5b-901
Written proposal: means a brief statement in writing that explains:
(a)
the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; and
(b)
how the state will benefit from the proposed use or occupancy, transfer of ownership, or lease. See Utah Code 63A-5b-901
(2)
“Condemnee” means the same as that term is defined in Section 78B-6-520.3.
(3)
“Division-owned property” means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property.
(4)
“Local government entity” means a county, city, town, metro township, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state.
(5)
“Primary state agency” means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection 63A-5b-303(1)(a)(iv).
(6)
“Private party” means a person who is not a state agency, local government entity, or public purpose nonprofit entity.
(7)
“Public purpose nonprofit entity” means a corporation, association, organization, or entity that:
(a)
is located within the state;
(b)
is not a state agency or local government entity;
(c)
is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and
(d)
operates to fulfill a public purpose.
(8)
“Qualified proposal” means a written proposal that:
(a)
meets the criteria established by the division by rule under Section 63A-5b-903;
(b)
if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; and
(c)
the director determines will, if accepted and implemented, provide a material benefit to the state.
(9)
“Secondary state agency” means a state agency:
(a)
that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section 63A-5b-304; and
(b)
for which the division does not hold title to real property that the state agency occupies or uses.
(10)
“State agency” means a department, division, office, entity, agency, or other unit of state government.
(11)
“Transfer of ownership” includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property.
(12)
“Vacant division-owned property” means division-owned property that:
(a)
a primary state agency is not occupying or using; and
(b)
the director has determined should be made available for:
(i)
use or occupancy by a primary state agency; or
(ii)
a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party.
(13)
“Written proposal” means a brief statement in writing that explains:
(a)
the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; and
(b)
how the state will benefit from the proposed use or occupancy, transfer of ownership, or lease.
