18A:72A-30. Additional powers; private colleges
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/nj/title-18a/chapter-72a/18a-72a-30A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In addition to the foregoing powers, the authority with respect to private colleges, shall have power:
(a)upon application of the private college to construct, acquire or otherwise provide projects for the use and benefit of the private college and the students, faculty and staff of such private college. The private college for which such a project is undertaken by the authority shall, if applicable, approve the plans and specifications and location of such project;
(b)to operate and manage any project provided pursuant to this section, or the authority may lease any such project to the private college for which such project is provided. At such time as the liabilities of the authority incurred for any such project have been met and the bonds of the authority issued therefor have been paid, or such liabilities and bonds have otherwise been discharged, the authority shall transfer title to all the real and personal property of such project vested in the authority, to the private college in connection with which such project is then being operated, or to which such project is then leased; provided, however, that if at any time prior thereto such private college ceases to offer educational facilities, then such title shall vest in the State of New Jersey.
Any lease of a project authorized by this section shall be a general obligation of the lessee except as the authority expressly agrees and may contain provisions, which shall be a part of the contract with the holders of the bonds of the authority issued for such project, as to:
(i)pledging all or any part of the moneys, earnings, income and revenues derived by the lessee from such project or any part or parts thereof, or other personal property of the lessee, to secure payments required under the terms of such lease;
(ii)the rates, rentals, fees and other charges to be fixed and collected by the lessee, the amounts to be raised in each year thereby, and the use and disposition of such moneys, earnings, income and revenues;
(iii)the setting aside of reserves and the creation of special funds and the regulation and disposition thereof;
(iv)the procedure, if any, by which the terms of such lease may be amended, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;
(v)vesting in a trustee or trustees such specified properties, rights, powers and duties as shall be deemed necessary or desirable for the security of the holders of the bonds of the authority issued for such projects;
(vi)the obligations of the lessee with respect to the replacement, reconstruction, maintenance, operation, repairs and insurance of such project;
(vii)defining the acts or omissions to act which shall constitute a default in the obligations and duties of the lessee, and providing for the rights and remedies of the authority and of its bondholders in the event of such default;
(viii)any other matters, of like or different character, which may be deemed necessary or desirable for the security or protection of the authority or the holders of its bonds.
L.1967, c.271; amended 2021, c.415, s.14.