Memorandum Of Understanding Between A California Charter School And A California Public School District And The State Of California, State Allocation Board And California School Finance Authority Page 12
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17(2)
the Charter School vacates the Facilities and relinquishes to the
School District all right, title and interest in the occupancy and use of the
Facilities.
D.
Upon the occurrence of Subsection C of this Section 4.2, the School
District shall permit the Facility to be used in its “as is” and “where is”
condition by another charter school:
(1)
that the State deems as qualified; and
(2)
whose charter petition is approved and is in good standing with the
School District; and
(3)
that has agreed to a Funding Agreement with the State and a Use
Agreement with the School District.
E.
In the event a successor charter school cannot be identified as provided in
Subsection D of this Section 4.2, the School District may:
(1)
in accordance with Section 17078.62(b)(3) of the Education Code,
take possession of and use the Facility as a public school facility;
provided, that the School District shall be required to make payment to the
State in accordance with Section 17078.62(b)(4) or the payments shall be
reduced or eliminated if the School District satisfies the conditions set forth
in Section 17078.62(b)(4)(A) and (B). In the event the payments do not
qualify for reduction or elimination in accordance with Section
17078.62(b)(4)(A) and (B), the State and the School District shall enter
into an agreement for the School District’s assumption of the payment
obligation under the Funding Agreement. Assumption of the payment
obligation shall in no way release the Charter School from its payment
obligations that accrued prior to the termination of the Funding Agreement
or from the Charter School’s obligations for any holdover; or
(2)
in accordance with Section 17078.62(b)(5) of the Education Code,
decline to take possession of the Facilities or if the Facility is no longer
needed for public school purposes, the School District shall dispose of the
Facilities in accordance with requirements for the disposal of surplus
public school sites.
The monetary proceeds from the disposal of the
Facilities shall be applied in the following priority: (i) reimburse the School
District for reasonable costs and expenses incurred by the School District
in disposing of the Facilities; (ii) reimburse the State for reasonable costs
and expenses incurred by the State in pursuing the collection of the
balance of any unpaid Local Matching Share due and owing under the
Funding Agreement; (iii) repay any unpaid Local Matching Share in favor
of the State; (iv) repay any security interest granted pursuant to Section
CSFP MOU – Final as of 10/16/2007
12
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