(a)
Notwithstanding the manner of holding title to a shared use building:
(1)
The rights and responsibilities of the Judicial Council, the court, and the county in a shared use building shall be established by an agreement between the Judicial Council and the county which may be modified by the consent of both the Judicial Council and the county. The agreement shall include, but not be limited to:
(A)
The liability and responsibility for ongoing maintenance and administration of the building.
(B)
Any agreed-upon conditions involving the ongoing administration of the building.
(C)
Any agreements concerning general liability for the building, building planning, engineering, design, maintenance, repair, construction, failure to maintain common use areas, and dispute resolution.
(D)
A provision involving resolution of disputes that may arise under the agreement between the county and the Judicial Council.
(2)
Unless otherwise specifically provided by agreement between the Judicial Council and the county, the Judicial Council and the county shall share operation and maintenance costs in a shared use building as follows:
(A)
Each entity is responsible for the operation and normal day-to-day maintenance costs of that space in the building exclusively used by the entity.
(B)
Each entity shall share the operating and normal day-to-day maintenance costs for the common space in the building based on the proportionate amount of space exclusively used by each entity.
(C)
Each entity shall share the major building repairs and maintenance affecting the entire building, including, but not limited to, common areas, based on the proportionate amount of space exclusively used by each entity.
(b)
The use of space in a joint-use building by both the court and the county shall be compatible with the building and shall not deteriorate or diminish the ability of either the county or the court to use the remaining space effectively.