Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
Authority may, at its discretion, give consideration to a private nonprofit
corporation or public agency in an area or region of the state if a county, or
Counties Applying Jointly, affirmatively supports this designation and
collaboration in lieu of a county directly receiving Grant funds for real
property acquisition or for construction or renovation on real property
acquired with Grant funds by the designated private nonprofit corporation or
public agency. The designated private nonprofit corporation or public agency
shall comply with all of the following requirements:
(1) The designated private nonprofit
corporation or public agency shall provide the Program(s) services.
(2) The designated private nonprofit
corporation or public agency shall execute a Grant Agreement that:
(A) Complies with the provisions contained in
Section 7124.
(B) Provides that in the event the designated
private nonprofit corporation or public agency fails to provide Crisis
Residential Treatment or Crisis Stabilization services as provided in the Grant
Agreement, title to the real property shall be given to the county or Counties
Applying Jointly.
(i) In the event the county
or Counties Applying Jointly do not take and hold title to the real property
when the designated private nonprofit corporation or public agency fails to
provide Crisis Residential Treatment or Crisis Stabilization services as
provided in the Grant Agreement, the Authority may take any action necessary to
take and hold title to the real property.
(3) The designated private nonprofit
corporation shall provide, upon request, Audited Financial Statements and shall
retain all Project and financial records necessary to substantiate the purposes
for which the Grant funds were spent for a period of three years after the
certification of Project completion has been submitted.
(4) The designated private nonprofit
corporation or public agency shall provide, upon request, a current title
report that shows all of the following:
(A)
No easements, exceptions or restrictions on the use of the site that shall
interfere with or impair the operation of the Project.
(B) A fee title subject to the lease
agreement described in subdivision (a)(5).
(C) A deed of trust recorded in the chain of
title against the real property that contains the lease agreement described in
subdivision (a)(5).
(5)
The designated private nonprofit corporation or public agency shall enter into
a lease agreement with the county or Counties applying Jointly for use of the
real property for Crisis Residential Treatment or Crisis Stabilization for the
useful life of the Project, including any renewals. The lease agreement shall
provide that:
(A) In the event the designated
private nonprofit corporation or public agency fails to provide Crisis
Residential Treatment or Crisis Stabilization services as provided in the Grant
Agreement, title to the real property shall be given to the county or Counties
applying Jointly.
(i) In the event the county
or Counties Applying Jointly do not take and hold title to the real property
when the designated private nonprofit corporation or public agency fails to
provide Crisis Residential Treatment or Crisis Stabilization as provided in the
Grant Agreement, the Authority may take any action necessary to take and hold
title to the real property.
1. New section
filed 6-19-2015; deemed an emergency pursuant to Welfare and Institutions Code
section
5848.6
and operative 6-19-2015 (Register 2015, No. 25). A Certificate of Compliance
must be transmitted to OAL by 12-16-2015 or emergency language will be repealed
by operation of law on the following day.
2. Certificate of
Compliance as to 6-19-2015 order, including redesignation and amendment of
former subsection (a)(2)(C) as new subsection (a)(2)(B)(i) and redesignation
and amendment of former subsection (a)(5)(C) as new subsection (a)(5)(B)(i),
transmitted to OAL 10-14-2015 and filed 11-30-2015; amendments effective
1-1-2016 pursuant to Government Code section
11343.4
(Register 2015, No. 49).
Note: Authority cited: Sections
5848.5
and
5848.6,
Welfare and Institutions Code. Reference: Section
5848.5,
Welfare and Institutions Code.
