SECTIONS 81390-81402 - California Statutes

EDUCATION CODE

SECTION 81390-81402

81390. Any community college 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
which 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 private person, firm, or corporation. It also includes
the permanent improvement of school grounds.
Any building, or portion thereof, which 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.

81391. Before the governing board of a community college 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.

81392. The term of any lease or agreement entered into by a
community college district pursuant to this article shall not exceed
66 years.

81393. Sections 81360 to 81378, inclusive, shall not apply to
leases made pursuant to this article.

81394. The governing board of a community college district may let
to any private person, firm, or corporation, any real property which
belongs to the district if the instrument by which such 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 district and the private person, firm, or
corporation during the term of the agreement; provided that 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 such portion of the building to be occupied by the district
shall vest in the district upon completion thereof and acceptance
thereof by the district; provided further that no rental fee or other
charge for the use of the building shall be paid by the district.

81395. Any lease of real property by a community college district
to a private person, firm, or corporation pursuant to this article
shall be upon such 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; provided, however,
that any such lease or agreement shall be subject to the provisions
of Article 2 (commencing with Section 72530) of Chapter 5 of Part 45
of this division.

81396. Before entering into a lease or agreement pursuant to this
article, the governing board of a community college district shall
comply with the provisions of Section 81397.

81397. 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 such a manner as to identify said
site, shall specify the intended use of that portion of the building
which 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.

81398. 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.

81399. 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 school site.

81400. (a) After considering all proposals submitted, the governing
board of the community college district shall have the authority,
subject to the provisions of Section 81401, to select the plan or
proposal which best meets the needs of the district and to enter into
a contract incorporating that plan or proposal either as submitted
or as revised by the district's governing board.
(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 federal or state credit union, for the performance of the
lease or agreement.

81401. Any building constructed for the use of a community college
district pursuant to this article is subject to Sections 81130 to
81144, inclusive, and all other provisions of this code relating to
the physical structure of school buildings.

81402. The provisions of this article prevail over any provisions
of law which conflict therewith.