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 California Code of Regulations (Last Updated: August 6, 2014)
 Title 15. Crime Prevention and Corrections
 Division 1. Board of State and Community Corrections
 Chapter 1. Board of State and Community Corrections
 Subchapter 6. Local Jail Construction Financing Program
 Article 3. Application to Participate in the Local Jail Construction Financing Program

  § 1752. Ground Lease.  

Latest version.
  • (a) A ground lease between the participating county and CDCR for Phase I and Phase II or BSCC for Adult Local Criminal Justice Facilities, with Board consent, will be entered into after the county has entered into the project delivery and construction agreement and the Board has determined the site is adequate for purposes of financing in accordance with Government Code Section 15820.901 for Phase I, Government Code Section 15820.911 for Phase II, and Government Code Section 15820.92 for Adult Local Criminal Justice Facilities.
    (b) An easement (documented in a separate easement agreement) over adjacent county property for project access, utilities and repairs may also be required at the time the ground lease is initiated.
    (c) Attached to the ground lease will be a legal description of the site.
    (d) The ground lease shall not be terminated as long as the lease-revenue bonds are outstanding, even in the event of default.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsection (a), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (b) filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
6. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
9. Amendment of subsection (a) and Note filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.

Note

Note: Authority cited: Sections 15820.906, 15820.916 and 15820.925, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.905, 15820.906, 15820.915, 15820.92 and 15820.924, Government Code.