(a)Notwithstanding any other law, any capital
improvement that may be leased by the authority to a capital
improvement board under this chapter may also be leased by the
authority to any state agency to accomplish the purposes of this
chapter. Any lease between the authority and a state agency under this
chapter:
(1)must set forth the terms and conditions of the use and
occupancy under the lease;
(2)must set forth the amounts agreed to be paid at stated intervals
for the use and occupancy under the lease;
(3)must provide that the state agency is not obligated to continue
to pay for the use and occupancy under the lease but is instead
required to vacate the facility if it is shown that the terms and
conditions of the use and occupancy and the amount to be paid for
the use and occupancy
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(a) Notwithstanding any other law, any capital
improvement that may be leased by the authority to a capital
improvement board under this chapter may also be leased by the
authority to any state agency to accomplish the purposes of this
chapter. Any lease between the authority and a state agency under this
chapter:
(1) must set forth the terms and conditions of the use and
occupancy under the lease;
(2) must set forth the amounts agreed to be paid at stated intervals
for the use and occupancy under the lease;
(3) must provide that the state agency is not obligated to continue
to pay for the use and occupancy under the lease but is instead
required to vacate the facility if it is shown that the terms and
conditions of the use and occupancy and the amount to be paid for
the use and occupancy are unjust and unreasonable considering
the value of the services and facilities thereby afforded;
(4) must provide that the state agency is required to vacate the
facility if funds have not been appropriated or are not available to
pay any sum agreed to be paid for use and occupancy when due;
(5) may provide for such costs as maintenance, operations, taxes,
and insurance to be paid by the state agency;
(6) may contain an option to renew the lease;
(7) may contain an option to purchase the facility for an amount
equal to the amount required to pay the principal and interest of
indebtedness of the authority incurred on account of the facility
and expenses of the authority attributable to the facility;
(8) may provide for payment of sums for use and occupancy of an
existing capital improvement being used by the state agency, but
may not provide for payment of sums for use and occupancy of a
new capital improvement until the construction of the capital
improvement or portion thereof has been completed and the new
capital improvement or a portion thereof is available for use and
occupancy by the state agency; and
(9) may contain any other provisions agreeable to the authority
and the state agency.
(b) Any state agency that leases a capital improvement from the
authority under this chapter may sublease the capital improvement to
a capital improvement board under the terms and conditions set forth
in section 13(a) of this chapter, section 13(b)(1) through 13(b)(4) of
this chapter, section 13(b)(6) through 13(b)(8) of this chapter, and
section 13(c) of this chapter.
(c) Notwithstanding any other law, in anticipation of the
construction of any capital improvement and the lease of that capital
improvement by the authority to a state agency, the authority may
acquire an existing facility owned by the state agency and then lease
the facility to the state agency. A lease made under this subsection shall
describe the capital improvement to be constructed and may provide
for the payment of rent by the state agency for the use of the existing
facility. If such rent is to be paid pursuant to the lease, the lease shall
provide that upon completion of the construction of the capital
improvement, the capital improvement shall be substituted for the
existing facility under the lease. The rent required to be paid by the
state agency pursuant to the lease shall not constitute a debt of the state
for purposes of the Constitution of the State of Indiana. A lease entered
into under this subsection is subject to the same requirements for a
lease entered into under subsection (a) with respect to both the existing
facility and the capital improvement anticipated to be constructed.
(d) This chapter contains full and complete authority for leases
between the authority and a state agency and subleases between a state
agency and a capital improvement board. No laws, procedures,
proceedings, publications, notices, consents, approvals, orders, or acts
by the board, the governing body of any state agency or the capital
improvement board or any other officer, department, agency, or
instrumentality of the state or any political subdivision is required to
enter into any such lease or sublease, except as prescribed in this
chapter.