Terms Used In Utah Code 63A-5b-907

• Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
• Applicant: means a person who submits a timely, qualified proposal to the division. See Utah Code 63A-5b-901
• Director: means the division director, appointed under Section 63A-5b-302. See Utah Code 63A-5b-102
• Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
• Division-owned property: means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. See Utah Code 63A-5b-901
• Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Local government entity: means a county, city, town, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state. See Utah Code 63A-5b-901
• Private party: means a person who is not a state agency, local government entity, or public purpose nonprofit entity. See Utah Code 63A-5b-901
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public purpose nonprofit entity: means a corporation, association, organization, or entity that:
       (7)(a) is located within the state;
       (7)(b) is not a state agency or local government entity;
       (7)(c) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and
       (7)(d) operates to fulfill a public purpose. See Utah Code 63A-5b-901
• Qualified proposal: means a written proposal that:
       (8)(a) meets the criteria established by the division by rule under Section 63A-5b-903;
       (8)(b) if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; and
       (8)(c) the director determines will, if accepted and implemented, provide a material benefit to the state. See Utah Code 63A-5b-901
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Transfer of ownership: includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. See Utah Code 63A-5b-901
• Vacant division-owned property: means division-owned property that:
       (12)(a) a primary state agency is not occupying or using; and
       (12)(b) the director has determined should be made available for:

            (12)(b)(i) use or occupancy by a primary state agency; or

            (12)(b)(ii) a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. See Utah Code 63A-5b-901