ORS 353.108
Real property and facilities utilized by university

  • legal title
  • lease
  • management

(1)

Legal title to real property and facilities acquired by the State of Oregon prior to July 1, 1995, and utilized by Oregon Health and Science University shall remain with the State of Oregon. However, the university shall have the exclusive care, custody and control of such real property and facilities pursuant to an exclusive leasehold interest in the real property and facilities for a term of 99 years. The term of the leasehold shall begin on July 1, 1995, and shall renew automatically and perpetually for consecutive 99-year terms.

(2)

Notwithstanding any other provisions of Oregon law concerning the authority of state agencies to lease real property and facilities, the Oregon Department of Administrative Services acting on behalf of the State of Oregon shall execute a ground lease for all real property and facilities utilized by the university consistent with the provisions of this section.

(3)

The ground lease shall not be subject to any termination unless:

(a)

The State of Oregon causes all outstanding obligations of the university to be defeased under the terms of any applicable master indenture or financing agreement; and

(b)

There are no other conditions placed on the university.

(4)

Upon execution of the ground lease, the university shall pay the State of Oregon the sum of $99 in consideration for the ground lease.

(5)

The ground lease executed under this section shall supersede the lease entered into between the State of Oregon and the university in December 1995, with respect to the real property and facilities, including but not limited to provisions in the lease relating to or setting forth:

(a)

Purported limitations on the authority of public universities listed in ORS 352.002 (Public universities) to bind the State of Oregon;

(b)

The term of the lease and the absence of any renewal provisions; and

(c)

Any circumstances under which the lease may be terminated.

(6)

The university shall manage and maintain all real property and facilities utilized by the university. Real property and facilities of the State of Oregon leased to the university pursuant to this section shall not be sold by the university but may be encumbered by the university. Such real property and facilities shall only be encumbered by the State of Oregon in accordance with state law and in a manner that would not impair the financial condition of the university or the rights of the holders of any obligations of the university issued or incurred under any master indenture or other financing agreement. [1995 c.162 §34; 1999 c.291 §18; 2015 c.767 §165]

Source: Section 353.108 — Real property and facilities utilized by university; legal title; lease; management, https://www.­oregonlegislature.­gov/bills_laws/ors/ors353.­html.

353.010
Definitions
353.020
Oregon Health and Science University as public corporation
353.030
Public policy of university
353.035
Certain laws to be liberally construed
353.040
Board of directors
353.050
Powers and duties of board and university officials
353.060
President of university
353.070
Products of individuals with disabilities
353.080
Report on activities and operations
353.100
Applicability of laws to university
353.108
Real property and facilities utilized by university
353.110
Authority to acquire private property
353.117
Creation of tax-exempt entity by university
353.120
Adoption of alcohol and drug abuse policy
353.123
Authority regarding resident tuition and scholarships
353.125
Creation of police department and commission of police officers
353.130
Public contracts
353.140
Funding request
353.160
Audits
353.180
Student education records
353.190
Effect of student religious beliefs on admission and attendance
353.200
Rights of students ordered to active duty
353.202
Credit for room, board, tuition and fees for students ordered to active duty
353.205
Credit for education and training received while serving in Armed Forces
353.210
Purpose
353.250
Alternative retirement programs
353.260
Personnel records
353.270
Compensation of officers and employees
353.280
Faculty
353.290
Reductions in faculty
353.300
Political or sectarian test prohibited in appointment of faculty or employees
353.330
Effect of law on bonds, certificates of participation or agreements for borrowing money
353.340
Issuance and sale of revenue bonds by university
353.350
Revenue bonds considered bonds of political subdivision
353.360
Refunding bonds
353.370
Notice to Legislative Assembly required if shortfall in moneys exists for payment of amounts under bonds, certificates of participation or agreements for borrowing money
353.380
Definitions for ORS 353.380 to 353.420
353.390
Authority
353.400
Delegation of board authority
353.410
University powers regarding financing agreements and credit enhancement agreements
353.420
Effect of financing agreement on tax status
353.440
Coordination of programs
353.445
Venture grant program
353.450
Area Health Education Center program
353.455
Family medicine residency network
353.460
Oregon Institute of Occupational Health Sciences
353.470
Funding of institute
353.480
Pediatric dental residency program
353.485
Oregon Psychiatric Access Line program
353.550
Definitions for ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001
353.553
Short title
353.556
Purpose
353.559
Creation
353.600
Definitions for ORS 353.600 to 353.612
353.603
Grant distribution
353.606
Oregon Nursing Shortage Coalition Committee
353.609
Duties of committee
353.612
Nursing Education Grant Fund
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