ARTICLE 10. Joint Occupancy [25549.1 - 25549.13]
( Article 10 added by Stats. 1980, Ch. 341. )
Any county or city and county may enter into leases and agreements relating to real property and buildings to be used jointly by the county or city and county 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, including permanent improvement of the grounds of a building, which, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be occupied jointly by the county or city and county and the private person, firm, or corporation.
Any building, or portion thereof, which is used by a private person, firm, or corporation pursuant to this article shall be subject to the zoning and building code requirements of the local jurisdiction in which the building is situated.
(Added by Stats. 1980, Ch. 341.)
Before a board of supervisors enters into a lease or agreement pursuant to this article, it shall own a site upon which a building to be used by the county or city and county and the private person, firm, or corporation may be constructed.
(Added by Stats. 1980, Ch. 341.)
The term of any lease or agreement entered into by a county or city and county pursuant to this article shall not exceed 66 years.
(Added by Stats. 1980, Ch. 341.)
Sections 25521 to 25535, inclusive, shall not apply to leases or agreements made pursuant to this article.
(Added by Stats. 1980, Ch. 341.)
The board of supervisors may lease to any private person, firm, or corporation, any real property which belongs to the county or city and county 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 county or city and county and the private person, firm, or corporation during the term of the lease or agreement. Title to such portion of the building to be occupied by the county or city and county may vest in the county or city and county.
(Amended by Stats. 1981, Ch. 389, Sec. 1. Effective September 9, 1981.)
Any lease of real property by a county or city and county 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 as provided in this article. However, any such lease or agreement shall be subject to the provisions of Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1, and of Section 23006.
(Added by Stats. 1980, Ch. 341.)
Before entering into a lease or agreement pursuant to this article, the board of supervisors shall comply with the provisions of Section 25549.8.
(Added by Stats. 1980, Ch. 341.)
For the purposes of receiving proposals for the joint occupancy of a building to be constructed on property belonging to a county or city and county, the board of supervisors 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 the site, shall specify the intended use of that portion of the building which is to be occupied by the county or city and county, and shall fix a time not less than 60 days thereafter for a public meeting of the board to be held at its regular place of meeting, at which meeting the board shall receive all plans or proposals submitted.
(Amended by Stats. 1981, Ch. 389, Sec. 2. Effective September 9, 1981.)
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 county.
(Added by Stats. 1980, Ch. 341.)
At the time and place fixed in the resolution for the meeting of the board of supervisors, the board shall meet and receive all plans and proposals submitted for the joint occupancy of the building to be constructed on the site under consideration.
(Amended by Stats. 1981, Ch. 389, Sec. 3. Effective September 9, 1981.)
(a) After considering all proposals submitted, the board of supervisors shall have the authority to select the plan or proposal which best meets the needs of the county or city and county and to enter into a lease or agreement incorporating that plan or proposal either as submitted or as revised by the board.
(b) The board shall require any person, firm, or corporation with whom it enters into a lease or agreement pursuant to this article to file a bond for the performance of the lease or agreement for the completion of the building to be constructed.
(Amended by Stats. 1982, Ch. 517, Sec. 253.)
The board of supervisors shall have the authority to review and approve the plans and specifications of any building constructed for use of the county or city and county pursuant to this article.
(Added by Stats. 1980, Ch. 341.)
The provisions of this article prevail over any provisions of law which conflict therewith.
(Added by Stats. 1980, Ch. 341.)