The Board of Trustees of South Carolina State University with the approval of the Department of Administration or State Fiscal Accountability Authority, as appropriate, may enter into one or more ground lease agreements with a private entity whereby the private entity will provide all services necessary for the creation and operation of an on-campus student housing facility including, but not limited to, financing, designing, construction, managing, operating, maintaining, and related services. Upon expiration of the ground lease agreement term, the private entity shall surrender unto South Carolina State University, such premises with the existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when the construction of the buildings, other structures, and improvements were completed, only natural and normal wear and tear excepted. The Department of Administration or State Fiscal Accountability Authority, as appropriate, must first approve all ground lease agreement terms and conditions including the consideration involved, and the full faith and credit of the State toward the lease obligations must not be pledged, and any statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. The Department of Administration or State Fiscal Accountability Authority, as appropriate, approval required shall be in lieu of or a substitute for any other approval required by any other provision of law or regulation in connection with the undertaking of the private entity and South Carolina State University; however, the private entity and South Carolina State University shall adhere to fire, life, and safety codes as required by the Office of the State Engineer.
Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11.
HISTORY: 2001 Act No. 63, Section 1; 2008 Act No. 275, Section 5, eff June 5, 2008.
Effect of Amendment
The 2008 amendment added the undesignated paragraph at the end relating to compliance with the Procurement Code.
Structure South Carolina Code of Laws
Chapter 127 - South Carolina State University
Section 59-127-10. Establishment of South Carolina State University.
Section 59-127-15. South Carolina State College changed to South Carolina State University.
Section 59-127-20. Board of trustees; election; terms.
Section 59-127-30. Quorum at board meetings.
Section 59-127-40. Management and control of Claflin College.
Section 59-127-60. General powers of board.
Section 59-127-70. Buildings; courses of study; appliances; staff.
Section 59-127-80. One half of land scrip fund vested in board.
Section 59-127-85. Board authority to enter ground lease agreements.
Section 59-127-310. Definitions.
Section 59-127-350. Requirements of bonds.
Section 59-127-360. Registration of bonds.
Section 59-127-370. Tax exempt status.
Section 59-127-380. Persons who may lawfully invest in bonds.
Section 59-127-390. Execution and delivery of bonds.
Section 59-127-400. Sale of bonds.
Section 59-127-410. Disposition of proceeds of sale of bonds.
Section 59-127-420. Authorization of special fees for repayment of bonds.
Section 59-127-430. Disposition of monies from other sources for repayment of bonds.
Section 59-127-440. Powers of trustees in authorizing issuance of bonds.
Section 59-127-450. Responsibilities of State Treasurer.
Section 59-127-470. Feasibility study.
Section 59-127-480. Citation of article.
Section 59-127-490. Definitions.
Section 59-127-500. Power to issue facilities improvement bonds
Section 59-127-510. Resolution provisions.
Section 59-127-520. Form and content of bonds; negotiability.
Section 59-127-530. Tax exempt status.
Section 59-127-540. Signature and seal.
Section 59-127-550. Terms and conditions of sale.
Section 59-127-560. Filing description of obligations with State Treasurer.
Section 59-127-570. Enforcement rights.
Section 59-127-580. Revenue sources for payment; liability of board members.