Page 10 - Lozano Smith Property Checklist
P. 10

C.  Offers to Lease with No Option to Purchase
                   The District may choose to notify all of the same government agencies and other entities
                   identified above, although doing so does not appear to be required expressly by the
                   Education Code.  If the District elects not to do so, it can proceed to Step VI, below, “Board
                   Action Declaring Intention to Sell or Lease the Property”.

                   Note:  There is no express statutory guidance or case law clarifying whether additional
                   notices are required.  A more conservative approach would be to follow the same process as
                   applicable to sales or leases with options to purchase, although that does not appear to be
                   mandatory.

               D.  Additional Offers if Leasing Vacant Classrooms
                   The District must offer to lease the classrooms for special education programs that are
                   provided by either other school districts that comprise part of the District’s SELPA, or by the
                   COE (and that serve the District’s students, in whole or in part). (Ed. Code § 17465(b).)


                   Upon adoption of the resolution of intent to lease real property (further described below),
                   the District must notify in writing the other districts or the COE, as applicable, of its intent to
                   lease vacant classrooms.  (Ed. Code § 17465(c).)

                      The notice shall describe the vacant classrooms, specify that the lease shall not exceed a
                       99-year term, specify that the lease payment and other lease terms are subject to
                       negotiation, and state that the offer is valid for no more than 60 days after receipt
                       thereof.  (Ed. Code § 17465(c).)

                   The school district/COE shall inform the Board in writing of its intent to lease or not lease the
                   classrooms within 60 days from the receipt of the notification.  (Ed. Code § 17465(e).)


                   The District may include in its resolution of intent a time for a regular Board meeting at
                   which sealed proposals to lease will be received and considered, and may post copies of the
                   resolution and publish notice of the adoption of the resolution.  However, the Board shall not
                   act on any proposal prior to the first of the following conditions occurring (Ed. Code
                   § 17465(d)):


                      Receipt from the public education agency or the county superintendent, as appropriate,
                       of its intent to lease the classrooms or of its intent not to do so.

                      Expiration of the 60-day period.


                   The lease terms shall be negotiated by the entity desiring to lease the vacant classrooms and
                   the Board (the terms may be negotiated prior to availability of the classrooms).  (Ed. Code
                   § 17465(f)(1).)









      LozanoSmith.com                                 Checklist for Sale or Lease of School District Surplus Property   8
   5   6   7   8   9   10   11   12   13   14   15