Sec 37-335.06. Agreements to fund, install and reimburse costs of infrastructure on trust lands

A. The commissioner may enter into agreements with any public or private party to permit the construction, operation and maintenance of infrastructure on urban lands, including a community identity package for urban lands with a plan that is approved pursuant to this article. The agreement:

1. May provide for reimbursement by subsequent purchasers or lessees of actual infrastructure related land acquisition and construction costs plus a reasonable rate of interest as determined by the commissioner.

2. Shall contain such limitations as deemed necessary by the commissioner to protect the marketability of the affected trust land.

3. Shall identify the type, quality and location of infrastructure, the schedule for installation, the method of computing the reimbursable costs and the methods for repayment.

4. Shall include requirements to maintain and repair the infrastructure and address the issue of liability for damage or accidents resulting from the design, construction, maintenance or repair of the infrastructure.

5. Shall state the procedure for amending the agreement.

6. Shall include rights and remedies for default under the agreement, including the right to cure.

B. A party to an agreement under this section may not delegate his obligations under the agreement without written approval of the commissioner. The commissioner may require performance and payment bonds or other sufficient security as a condition for his approval.

C. An agreement entered into under this section does not give rise to any preferred rights or other rights generally acquired by a lessee of state lands unless specifically stated in the agreement. Notwithstanding section 37-322.01 or 37-322.02 or any other statute, the right to reimbursement for infrastructure on urban lands is limited pursuant to subsection A, paragraph 1 of this section. The general provisions for default under state land leases or certificates of purchase do not apply to agreements under subsection A of this section.