Responsibilities of Developer/Contractor

The contract shall require that the contractor be responsible for all costs, expenses and fees of any kind or nature, associated with the rehabilitation, design, civil improvements, on-site and off-site infrastructure, construction, permits, and financing associated with the completion of an education facility, including the financing of furniture and equipment for the education facility, as and to the extent provided by the education agency in the Request for Proposals. The lease-back may provide that if sufficient funds are not appropriated or otherwise available for the payment of amounts due under the lease, the education agency will have the obligation to vacate the education facility, and the contractor shall have the right of use and occupancy of the education facility for the remainder of the term of the lease, unless new mutually satisfactory terms are entered into. For this purpose, the lease may provide that its term shall be extended for a period not to exceed the shorter of ten

(10)years beyond the original term of the lease-back, or such period of time as is necessary to repay in full any financing arranged pursuant to § 58E109 of this Chapter. The capital maintenance costs shall be paid by the education agency.