2007 California Education Code Article 8. Joint Occupancy

CA Codes (edc:17515-17526)

17515.  Any school district may enter into leases and agreements
relating to real property and buildings to be used jointly by the
district and any private person, firm, or corporation pursuant to
this article.  As used in this article, "building" includes onsite
and offsite facilities, utilities and improvements that, as agreed
upon by the parties, are appropriate for the proper operation or
function of the building to be occupied jointly by the district and
the private person, firm, or corporation.  It also includes the
permanent improvement of school grounds.
   Any building, or portion thereof, that is used by a private
person, firm, or corporation pursuant to this section shall be
subject to the zoning and building code requirements of the local
jurisdiction in which the building is situated.
   Section 53094 of the Government Code shall not be applicable to
uses of school district property or buildings authorized by this
section, except in the case of property or buildings used solely for
educational purposes.


17516.  (a) Before the governing board of a school district enters
into a lease or agreement pursuant to this article, it shall own a
site upon which a building to be used by the district and private
person, firm, or corporation may be constructed and shall have
complied with the provisions of law relating to the selection and
approval of sites.
   (b) This section shall not apply to any building to be acquired by
purchase pursuant to Article 2 (commencing with Section 17110) of
Chapter 16 of Part 10.



17517.  The term of any lease or agreement entered into by a school
district pursuant to this article shall not exceed 66 years.



17518.  The governing board of a school district may let to any
private person, firm, or corporation, any real property that belongs
to the district if the instrument by which the property is let
requires the lessee therein to construct on the demised premises, or
provide for the construction thereon of, a building or buildings for
the joint use of the school district and the private person, firm, or
corporation during the term of the agreement.
   However, title to that portion of the building to be occupied by
the private individual, firm, or corporation shall remain exclusively
the personal property of the private party during the term of the
lease and the title to that portion of the building to be occupied by
the district shall vest in the district upon completion thereof and
acceptance thereof by the school district.  No rental fee or other
charge for the use of the building shall be paid by the district.



17519.  Any lease of real property by a school district to a private
person, firm, or corporation pursuant to this article shall be upon
the terms and conditions as the parties thereto may agree and may be
entered into without complying with any provisions of this code
except as provided in this article.  However, any lease or agreement
pursuant to this article shall be subject to Article 7 (commencing
with Section 35230) of Chapter 2 of Part 21.



17520.  Before entering into a lease or agreement pursuant to this
article, the governing board of a school district shall comply with
Section 17521.


17521.  For the purposes of receiving proposals for the joint
occupancy of a building to be constructed on school property, the
board shall, in a regular open meeting, adopt a resolution declaring
its intention to consider the proposals.  The resolution shall
describe the proposed site on which the building to be jointly
occupied is to be constructed in a manner so as to identify the site,
shall specify the intended use of that portion of the building that
is to be occupied by the district, and shall fix a time not less than
90 days  thereafter for a public meeting of the governing board to
be held at its regular place of meeting, at which meeting the board
shall receive and consider all plans or proposals submitted.




17522.  Notice of adoption of the resolution and the time and place
of holding the meeting shall be given by publishing the resolution at
least once a week for three weeks in a newspaper of general
circulation published in the district if there is one, or if none is
published in the district, in a newspaper published in the county.




17523.  At the time and place fixed in the resolution for the
meeting of the governing board, the board shall meet and consider all
plans and proposals submitted for the joint occupancy of the
building to be constructed on the proposed schoolsite.




17524.  (a) After considering all proposals submitted, the governing
board of the school district may, subject to Section 17525, select
the plan or proposal that best meets the needs of the school district
and enter into a contract incorporating that plan or proposal either
as submitted or as revised by the governing board of the school
district.  However, the governing board shall not approve  any
proposal nor enter into a lease or contract incorporating a proposal
until the governing board has submitted the proposal to the State
Board of Education, and the State Board of Education has approved the
proposal.  The State Board of Education shall, within 45 days of the
date of submission, notify the governing board of its approval or
disapproval.
   (b) The governing board shall require any person, firm, or
corporation with whom it enters into a lease or agreement pursuant to
this article to file one of the following, as determined by the
governing board:
   (1) A bond  for the performance of the lease or agreement.
   (2) An irrevocable letter of credit issued by a state or national
bank or a federal or state credit union for the performance of the
lease or agreement.


17525.  Any building constructed for the use of a school district
pursuant to this article is subject to Sections 17280 to 17313,
inclusive, and all other provisions of this code relating to the
physical structure of school buildings.


17526.  The provisions of this article prevail over any provisions
of law that conflict therewith.