Section 81345 Of Article 3. Leasing School Buildings From California Education Code >> Division 7. >> Title 3. >> Part 49. >> Chapter 2. >> Article 3.
81345
. As an alternative to obtaining sealed proposals as required
by Sections 81336 and 81344, the governing board, in a public
meeting, may adopt a resolution declaring its intention to enter into
a lease or agreement pursuant to this article with a nonprofit
corporation organized under Part 2 (commencing with Section 5110) of,
or Part 3 (commencing with Section 7110) of, Division 2 of Title 1
of the Corporations Code, if the articles of incorporation or bylaws
of the nonprofit corporation provide: (1) that no person shall be
eligible to serve as a member or director of the corporation except a
person initially approved by resolution of the governing board of
the community college district, and (2) that no part of the net
earnings of the corporation shall inure to the benefit of any member,
private shareholder, individual, person, firm or corporation
excepting only the district. The resolution shall describe, in a
manner that identifies it, the available site upon which the building
to be used by the district shall be constructed, shall generally
describe the building to be constructed and state that the building
shall be constructed pursuant to the plans and specifications adopted
by the governing board therefor, shall, if such is the case, state
the minimum yearly rental at which the governing board will lease
real property belonging to the district upon which the building is to
be constructed, and shall state the maximum number of years for
which the community college district will lease the building, or
building and site, as the case may be.
Any building constructed by a nonprofit corporation pursuant to a
lease or agreement entered into pursuant to this section shall be
constructed under a contract awarded to the lowest responsible bidder
pursuant to Sections 20671 to 20675, inclusive, of the Public
Contract Code. Section 81350 of this code shall apply to this
contract.