§ 14-138-111 - Lease agreements.
               	 		
14-138-111.    Lease agreements.
    (a)    (1)  The  corporation and the lessee involved are respectively authorized to  enter into with each other one (1) or more lease agreements whereunder a  project shall be leased by the corporation to the lessee.
      (2)  Any  lease agreement shall provide for subleasing of portions of the project  under and pursuant to the provisions of law governing the leasing of  public property to private persons.
      (3)  In  the case of municipalities, counties, or other public bodies, the term  of the lease shall not be longer than the then-current fiscal year of  the municipality, county, or other public body. However, any such lease  agreement may contain a grant to the municipality, county, or other  public body of successive options of renewing the lease agreement on the  terms specified therein for any subsequent fiscal year or years of the  municipality, county, or other public body.
      (4)  The  lease agreement may contain appropriate provisions as to the method by  which the municipality, county, or other public body may, at its  election, exercise such of the options of renewal as its governing body  may elect, on the terms provided in this section such other covenants  and provisions as shall not be inconsistent with this chapter, and as  the corporation and the municipality, county, or other public body may  agree.
(b)    (1)  The rental  for each fiscal year during which the lease agreement shall be in effect  shall be due in advance on the first day of the fiscal year. The rental  for the fiscal year shall be payable and any such covenant on the part  of the municipality, county, or other public body shall be performed  solely out of the current revenues of the municipality, county, or other  public body for the fiscal year.
      (2)  The  state shall not in any manner be liable for the performance of any  obligation or agreement contained in the lease agreement.
      (3)  The  rental payable and the covenants to be performed by the lessees under  the provisions of the lease agreement shall never create an indebtedness  of the lessees within the meaning of any applicable limitation in the  Constitution of the state, including particularly Arkansas Constitution,  Amendment 10.
      (4)  It is declared  that it is an essential governmental function of the lessee to secure  and supply reasonable and adequate project facilities for the  performance of its public functions and duties, and the rentals payable  by the lessee for such purpose are and shall constitute a necessary  governmental operating expense of the lessee.
      (5)  If  there is any default in the payment of any rental required to be paid  or in the performance of any covenant required to be performed by the  lessee under the provisions of any such lease agreement while such lease  agreement shall be in effect, the corporation and any pledgee of the  lease agreement or rentals thereunder may, by any appropriate  proceedings at law or in equity, enforce and compel payment of such  rental and performance of such covenant.
(c)  Should  any usable space in any project leased to a lessee become vacant after  acquisition or construction thereof by the corporation, then neither the  lessee, nor any officer or agency thereof, shall thereafter enter into  any lease or rental agreement for additional space or renew any existing  lease or rental agreement for such space, nor construct any facilities  duplicating such vacant space in the project until after all vacant  space in the project shall have been filled.