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 5

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(3)
The Charter School agrees to utilize its apportionment for purposes
consistent with the CSFP, and consistent with the purposes for which it was
approved.
The Charter School shall comply with any and all requirements and
conditions imposed upon it for the development and operation of the Facility by
any applicable governmental agency.
(4)
Each party is duly authorized to enter, deliver, and perform this
Memorandum of Understanding, the Funding Agreement, as applicable to the
appropriate parties, and the Use Agreement, as applicable to the appropriate
parties.
2.3
Charter School Facilities
The Charter School’s Project includes the real property and all improvements,
A.
repairs, replacements, substitutions, and modifications located or to be
constructed on the property as described in its application for funding under
CSFP (“Facilities”).
The
Charter
School’s
Facilities
are
located
or
will
be
located
at
B.
_______________________ County, California, and is more particularly
described on Exhibit “C” of the Funding Agreement, attached hereto.
C.
The Facilities are physically located within the geographical jurisdiction of the
School District and the high school attendance area generating eligibility for
funding, if applicable.
D.
The Charter School has satisfied itself as to the suitability of the Facilities by its
own inquiries and tests.
The Charter School shall, by entering into and
occupying the Facilities, be deemed to have accepted the Facilities and to have
acknowledged that they are in good order, condition and repair.
E.
The Charter School represents and warrants that it, by and through its officers,
employees, agents and consultants, has made a thorough and independent
examination of the Facilities and all matters related to its decision to enter into
this Agreement. The Charter School is thoroughly familiar with all aspects of the
Facilities and is satisfied that they are in an acceptable condition and meet its
needs. The Charter School is solely responsible for identifying the real property,
evaluating the condition of the title and suitability of the land for the Charter
School’s intended purpose, and negotiating and closing the acquisition of the real
property.
In addition, the Charter School is solely responsible for the
construction of all improvements, repairs, replacements, substitutions, and
modifications located or to be constructed on the real property.
The State and/or the School District shall not have any obligation for construction
work or improvements on or to the Facilities, to insure completion of construction,
or provide additional funding in the event the Charter School determines it has
CSFP MOU – Final as of 10/16/2007
5

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