SECTIONS 70341-70344 - California Statutes

GOVERNMENT CODE

SECTION 70341-70344

70341. (a) The user rights of the court and the county are based on
the proportional allocation of exclusive use facilities within the
building for the court and for the county as specified in the
agreement, regardless of the entity holding title to the building.
(b) The court and the county shall each have exclusive use of the
facilities in the building currently used by it, together with the
shared use of the common areas, indefinitely and at no cost, subject
to the terms of any lease with a third-party lessor.

70342. (a) If the county holds title to a shared use building and
the court wishes to have additional space in the building, if the
county agrees to allocate additional space, the county may charge the
state reasonable rent for any space as may be agreed between the
county and the Judicial Council.
(b) If the state holds title to a shared use building and the
county wishes to have additional space in the building, if the state
agrees to allocate additional space, the state may charge the county
reasonable rent for any space as may be agreed to between the county
and the Judicial Council.
(c) If the state and the county jointly hold title to a shared use
building and either the court or the county wishes to have
additional space in the building, the Judicial Council and the county
may agree to modify the amount of space and the charges made for
that space.
(d) If the state or the county is a lessee in a shared use
building owned by a third party and the court or the county wishes to
have additional space in the building, the Judicial Council or the
county may negotiate with the lessor concerning the amount of space
and the charges made for that space. This subdivision does not permit
either the state or the county to occupy space in the building
leased by the other party without the consent of that party.
(e) Unless the Judicial Council and the county agree otherwise, if
either the Judicial Council or the county desires to decrease the
amount of space it occupies in a shared use building, it may do so
only after offering the other party the space on the same terms and
conditions as to which it has proposed to transfer the space to a
third party. Notwithstanding the transfer of space pursuant to this
subdivision or the failure to use the space, the Judicial Council and
the county are not relieved of their rights and responsibilities
under the agreement entered into pursuant to Section 70343, unless
that agreement is superseded by a subsequent agreement. As used in
this subdivision, a "third party" means an entity other than the
court or the county.

70343. (a) Notwithstanding the manner of holding title to a shared
use building:
(1) The rights and responsibilities of the Judicial Council, the
court, and the county in a shared use building shall be established
by an agreement between the Judicial Council and the county which may
be modified by the consent of both the Judicial Council and the
county. The agreement shall include, but not be limited to:
(A) The liability and responsibility for ongoing maintenance and
administration of the building.
(B) Any agreed-upon conditions involving the ongoing
administration of the building.
(C) Any agreements concerning general liability for the building,
building planning, engineering, design, maintenance, repair,
construction, failure to maintain common use areas, and dispute
resolution.
(D) A provision involving resolution of disputes that may arise
under the agreement between the county and the Judicial Council.
(2) Unless otherwise specifically provided by agreement between
the Judicial Council and the county, the Judicial Council and the
county shall share operation and maintenance costs in a shared use
building as follows:
(A) Each entity is responsible for the operation and normal
day-to-day maintenance costs of that space in the building
exclusively used by the entity.
(B) Each entity shall share the operating and normal day-to-day
maintenance costs for the common space in the building based on the
proportionate amount of space exclusively used by each entity.
(C) Each entity shall share the major building repairs and
maintenance affecting the entire building, including, but not limited
to, common areas, based on the proportionate amount of space
exclusively used by each entity.
(b) The use of space in a joint-use building by both the court and
the county shall be compatible with the building and shall not
deteriorate or diminish the ability of either the county or the court
to use the remaining space effectively.

70344. (a) The entity holding title to a shared use building,
except a third-party lessor, shall not transfer any right to a third
party of the part of the building used by the other entity or place
further bonded indebtedness on it, except as already required by
operation of the legal documentation related to bonded indebtedness
or as agreed to by the Judicial Council and the county, if the result
of the action would be a further delay in transfer of title to the
building to the other party pursuant to subdivision (b) of Section
70325.
(b) If either the court or the county occupies 80 percent or more
of a shared use building, the Judicial Council, on behalf of the
court, or the county may require the other entity to vacate the
building. The entity vacating the building shall be given reasonable
notice and shall be compensated by the other entity for its equity in
the facility and for relocation costs at the fair market rate.
(c) Except as provided in subdivision (b), if the court or the
Judicial Council is required to vacate a shared use building owned by
the county, in whole or in part, the county shall provide the court
or the Judicial Council with suitable and necessary facilities at
least equal to those previously occupied by the court. The failure of
the county to provide those facilities shall make the county
responsible to the court under Section 70311 for the facilities not
provided.