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 7
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17(3)
The Charter School shall provide to the State and the School District for its
review and acceptance a title report and a copy of each instrument listed in said
title report. The title report shall be issued no more than 30 days prior to the date
of submittal.
(4)
The Charter School shall provide to the State and the School District for its
review and acceptance an ALTA survey, which together with (3) above, shall be
sufficient for the Charter School, at its sole cost and expense, to provide the
School District with a ALTA owner’s policy for the benefit of the School District
and the State.
(5)
The Charter School shall provide to the School District for its review and
files the original Final California Department of Education (“CDE”) approval or
Final CDE approval subject to waivers and/or exemptions to the use of real
property as a school facility; provided, that if CDE has provided the Charter
School any waivers and/or exemptions the Charter School shall obtain from CDE
and provide to the School District a valid assignment of such waivers and/or
exemptions. The purpose of the assignment is to insure that the conveyance of
fee title from the Charter School to the School District will not result in a situation
whereby the Facilities then become non-compliant because of the transfer of fee
simple title to the School District due to those requirements and standards that
are typically imposed upon the School District.
(6)
The Charter School shall provide to the School District for its files the
original “No Further Action” or “Further Action Letter” from the California
Department of Toxic Substance Control (“DTSC”); provided, that if DTSC has
issued a Further Action Letter, the Charter School shall provide to the School
District proof satisfactory to the School District that all requirements of the
Further Action Letter have been satisfied. Simultaneously with the delivery of the
foregoing, the Charter School shall deliver to the State a copy of the documents
delivered to the School District.
(7)
The Charter School shall provide to the School District for its review and
files the final approval issued by DTSC for the final Preliminary Environmental
Assessment (“PEA”) for the real property, if applicable.
(8)
The Charter School shall provide to the School District for its files the final
approval of any applicable Federal, State, City or County agency necessary for
the acquisition and construction of the Project, and the operation of the Facilities
for an educational program conducted by the Charter School. As an example,
and not as means of limitation, a charter school may require approval from the
California Coastal Commission if a project will be located within its jurisdiction.
Simultaneously with the delivery of the documents and instruments required in this
Article III.A, the Charter School shall delivery to the State a copy of the same
documents and instruments delivered to the School District.
CSFP MOU – Final as of 10/16/2007
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