Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
Authority shall 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
7324.
(B) Provides that in the event the designated
private nonprofit corporation or public agency fails to provide Crisis
Residential Treatment, Crisis Stabilization services, or Family Respite Care 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, Crisis
Stabilization services, or Family Respite Care 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, Crisis Stabilization or Family
Respite Care 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, Crisis Stabilization or Family Respite
Care 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, Crisis Stabilization or Family Respite Care 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 11-26-2018 as an emergency; operative 11-26-2018 (Register 2018, No. 48).
A Certificate of Compliance must be transmitted to OAL by 5-28-2019 or
emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 11-26-2018 order transmitted
to OAL 4-22-2019 and filed 5-20-2019 (Register 2019, No. 21).
Note: Authority cited: Sections
5848.5
and
5848.6,
Welfare and Institutions Code. Reference: Section
5848.5,
Welfare and Institutions Code.
