In connection with any installment-purchase contract or lease-purchase contract entered into to finance a performance contract, the Board may:
1. Grant a security interest in any property that is the subject of the installment-purchase contract or lease-purchase contract and execute an instrument to evidence such a security interest, including, without limitation, a deed of trust, a leasehold interest deed of trust, a mortgage or a financing agreement.
2. Offer certificates of participation.
3. If the installment-purchase contract or lease-purchase contract involves an improvement to property owned by the State of Nevada or the using agency, enter into a lease of the property to which the improvement will be made and any property that is adjacent to that property if the installment-purchase contract or lease-purchase contract:
(a) Except as otherwise provided in NRS 333A.0916, has a term of not more than 20 years beyond the date on which construction of the work required by the installment-purchase contract or lease-purchase contract is completed; and
(b) Provides for rental payments that approximate the fair market rental of the property before the improvement is made, as determined by the Board at the time the parties enter into the lease, which must be paid if the installment-purchase contract or lease-purchase contract terminates before the expiration of the lease because the Legislature fails to appropriate money for payments due pursuant to the installment-purchase contract or lease-purchase contract.
A lease entered into pursuant to this subsection may provide for nominal rental payments to be paid pursuant to the lease before the installment-purchase contract or lease-purchase contract terminates.
4. Enter into any other agreement, contract or arrangement that the Board determines would be beneficial to the purpose of the installment-purchase contract or lease-purchase contract, including, without limitation, contracts for professional services, trust indentures, paying agent agreements and contracts of insurance.
(Added to NRS by 2005, 2897; A 2017, 1435)
Structure Nevada Revised Statutes
Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures
NRS 333A.005 - Legislative declaration.
NRS 333A.015 - "Board" defined.
NRS 333A.020 - Building" defined.
NRS 333A.030 - Operating cost savings" defined.
NRS 333A.040 - Operating cost-savings measure" defined.
NRS 333A.050 - Performance contract" defined.
NRS 333A.060 - Qualified service company" defined.
NRS 333A.070 - "Using agency" defined.
NRS 333A.084 - Requirements for comprehensive audits.
NRS 333A.086 - Third-party consultants.
NRS 333A.0906 - Refunding of obligations: Resolution; purposes.
NRS 333A.0912 - Issuance of refunding and other obligations separately or in combination.
NRS 333A.0914 - Other statutory provisions applicable to refunding obligations.
NRS 333A.0916 - Conditions for refunding obligations.
NRS 333A.0918 - Conclusive determination of using agency that statutory limitations have been met.
NRS 333A.092 - Recital in resolution as conclusive evidence of validity of obligation.
NRS 333A.100 - Indebtedness of State under contract; term of contracts.
NRS 333A.110 - Period over which payments become due.
NRS 333A.120 - Prevailing wage requirement.
NRS 333A.130 - Monitoring of cost savings attributable to operating cost-savings measures.
NRS 333A.140 - Information concerning performance contract provided to Office of Energy.
NRS 333A.150 - Financial mechanisms to guarantee operational cost savings are realized.