§ 1854. Facility Sublease.

(a) Immediately after the facility lease between the Board and CDCR is executed, CDCR and the participating county shall enter into a facility sublease of the facility lease. Subject to the terms of the facility sublease, the county may use and occupy the county juvenile facility or local youthful offender rehabilitative facility.

(b) The facility sublease is subject to and subordinate to the facility lease.

(c) The facility sublease shall include, but not be limited to, the following requirements:

(1) The county shall not abandon the county juvenile facility or local youthful offender rehabilitative facility.

(2) The county is obligated to maintain (both ordinary and extraordinary) the county juvenile facility or local youthful offender rehabilitative facility during the term of the facility sublease (including the costs of ordinary wear and tear) and arrange for the payment of all utilities and applicable taxes or assessments. The county must annually submit to Board and CDCR proof of its approved budget detailing the allocation of funds to maintain and operate the county juvenile facility or local youthful offender rehabilitative facility.

(3) Subject to the availability of the county juvenile facility or local youthful offender rehabilitative facility for occupancy, CDCR will continue to pay rent under the facility lease.

(4) The county may make additions, betterments or improvements to the county juvenile facility or local youthful offender rehabilitative facility in a manner that will not result in abatement of rental.

(5) CDCR will maintain the insurance policies required under the facility lease. The county will maintain commercial general liability insurance and other insurance required by the Board or maintain an acceptable self-insurance program and provide proof of insurance to the Board and CDCR annually.

(6) The county agrees to indemnify and hold the State of California, CDCR and the Board harmless for any and all claims and losses accruing, resulting from or arising out of the county's use and occupancy of the county juvenile facility or local youthful rehabilitative facility.

(7) The county agrees not to encumber the county juvenile facility or local youthful offender rehabilitative facility or otherwise subordinate its interest in the county juvenile facility or local youthful offender rehabilitative facility under the facility sublease.

(8) The county agrees to annually provide the CDCR, Board and the State Treasurer information about private activity use within the county juvenile facility or local youthful offender rehabilitative facility and agrees to cooperate and provide continuing disclosure information per the Continuing Disclosure Agreement.

(9) The county promises not use or permit the use of the county juvenile facility or local youthful offender rehabilitative facility in any manner which would cause the Board bonds to be “private activity bonds” within the meaning of Section 141 of the Internal Revenue Code of 1986.

(10) The county promises to obtain the consent of the Board and CDCR to any assignment, subletting or transfer of its interest in the facility sublease or any part thereof.

(11) In the event of breach by the county that goes uncured, CDCR may evict the participating county and together with the Board may relet the county juvenile facility or local youthful offender rehabilitative facility.

HISTORY

1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).

Note

Note: Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1974, Welfare and Institutions Code.