Land Lease Version 5 30 2012 Board of Education Thursday, October 24, 2013, 5:00 PM Adams Leadership Center, Winborn Conference Room 5:00PM Annual Report to Patrons Accreditation Status State Requirements Student Performance Progress Toward ACSIP Goals Federal Programs Report Public Comments & Questions 5:30PM Regular Board Meeting Agenda Item Page # I. Call to Order, Tim Hudson, President I-1 II. Pledge of Allegiance, Holcomb Elementary School II-1 III. Roll Call of Members III-1 IV. Recognition of People, Events, & Programs IV-1 V. Citizen Participation V-1 VI. Consent Agenda A. Reading of the Minutes VI-A1 B. Certified Staff Changes VI-B1 C. Classified Staff Changes VI-C1 D. Student Transfers VI-D1 *Any item shall be removed from the consent items section at the request of one board member. VII. Action Items A. ASBA Conference Delegate – Tim Hudson (Goal 4) VII-A1 B. Ozark Guidance Center Lease Agreement – Deb Wilson (Goal 3) VII-B1 C. Owl Creek CLC Calendar – Kristen Champion (Goal 1) VII-C1 D. Boundary Shift Parameters – Tim Hudson (Goal 3) VII-D1 VIII. Information Items A. FHS Update – Vicki Thomas (Goal 1) VIII-A1 B. Budget Consultant Contract – Vicki Thomas (Goal 3) VIII-B1 C. Financial Report – Logan LeMaster (Goal 3) VIII-C1 D. Retirement Incentive Plan – Greg Mones (Goal 3) VIII-D1 E. SubTeach USA Update – Greg Mones (Goal 3) VIII-E1 F. Cingular Wireless Agreement – David Tate (Goal 3) VIII-F1 G. Revised Facility Rental Fees – Ginny Wiseman (Goal 3) VIII-G1 IX. Executive Session IX-1 X. Adjournment X-1
Transcript
Land Lease
Version 5 30 2012
Board of Education Thursday, October 24, 2013, 5:00 PM
Adams Leadership Center, Winborn Conference Room 5:00PM Annual Report to Patrons
Accreditation Status State Requirements Student Performance Progress Toward ACSIP Goals Federal Programs Report Public Comments & Questions
5:30PM Regular Board Meeting Agenda Item Page #
I. Call to Order, Tim Hudson, President I-1
II. Pledge of Allegiance, Holcomb Elementary School II-1
III. Roll Call of Members III-1
IV. Recognition of People, Events, & Programs IV-1
V. Citizen Participation V-1
VI. Consent Agenda A. Reading of the Minutes VI-A1
B. Certified Staff Changes VI-B1
C. Classified Staff Changes VI-C1
D. Student Transfers VI-D1 *Any item shall be removed from the consent items section at the request of one board member.
VII. Action Items
A. ASBA Conference Delegate – Tim Hudson (Goal 4) VII-A1
B. Ozark Guidance Center Lease Agreement – Deb Wilson (Goal 3) VII-B1
C. Owl Creek CLC Calendar – Kristen Champion (Goal 1) VII-C1
D. Boundary Shift Parameters – Tim Hudson (Goal 3) VII-D1
VIII. Information Items A. FHS Update – Vicki Thomas (Goal 1) VIII-A1 B. Budget Consultant Contract – Vicki Thomas (Goal 3) VIII-B1 C. Financial Report – Logan LeMaster (Goal 3) VIII-C1 D. Retirement Incentive Plan – Greg Mones (Goal 3) VIII-D1 E. SubTeach USA Update – Greg Mones (Goal 3) VIII-E1 F. Cingular Wireless Agreement – David Tate (Goal 3) VIII-F1 G. Revised Facility Rental Fees – Ginny Wiseman (Goal 3) VIII-G1
IX. Executive Session IX-1
X. Adjournment X-1
2 Land Lease
Version 5 30 2012
October 24, 2013
I. Call to Order
II. Pledge of Allegiance Holcomb Elementary School
Ms. Tracy Mulvenon, Principal
III. Roll Call Tim Hudson, President
Jim Halsell, Vice President Bryn Bagwell, Secretary
Justin Eichmann, Member Traci Farrah, Member Susan Heil, Member
Steve Percival, Member
3 Land Lease
Version 5 30 2012
October 24, 2013
IV. Recognition of People, Events and Programs
V. Citizen Participation
VI. Consent Agenda Reading of the Minutes Certified Staff Changes
Classified Staff Changes Student Transfers
4 Land Lease
Version 5 30 2012
Minutes of the September 26, 2013 Regular Meeting of the Fayetteville Board of Education
The meeting convened at 5:00PM in the Adams Leadership Center with President Tim Hudson presiding. The Pledge of Allegiance was led by students from Vandergriff Elementary School. Roll Call The roll was called and board members Justin Eichmann, Steve Percival, Tim Hudson, Susan Heil, Bryn Bagwell, Jim Halsell and Traci Farrah were present. Recognition The Board recognized the National Merit Semifinalists from Fayetteville High School. They are: Shayley Benham, Laura Mantooth, Annabelle Hall, Amanda Roberson, Madeline Corbell, Ben Heil, Addison Cornwell, Aaron Koch, and Spencer Finney. Mim Heinrichs, Fayetteville High School teacher, received a Recognition of Outstanding Achievement Award for receiving the 2013 Yale Educator of the Year Award. Michelle Hayward, principal of McNair Middle School, received a Recognition of Outstanding Achievement Award for receiving the Distinguished Educator of the Year Award from the Association for Middle Level Education. Marcia Bogart, Woodland math teacher, Holly Wimer, Washington 3rd grade teacher and Michelle Gayon, Ramay Spanish teacher, received Above & Beyond Awards for their outstanding work in the district. Board Reorganization As required by Arkansas law, the Board reorganized following the September 17th school board election. The Board voted 7-0 to elect Tim Hudson as president. Justin Eichmann made the motion, which was seconded by Steve Percival. The Board voted 7-0 to elect Jim Halsell as vice-president. Justin Eichmann made the motion, which was seconded by Bryn Bagwell. The Board voted 7-0 to elect Bryn Bagwell as secretary/disbursing officer. Justin Eichmann made the motion, which was seconded by Jim Halsell. Consent Agenda Bryn Bagwell requested that the financial report be placed under information items on the board agenda beginning in October. The Board voted 7-0 to approve the consent agenda without the financial report. Bryn Bagwell made the motion, which was seconded by Justin Eichmann. The Board voted 7-0 to approve the financial report. Bryn Bagwell made the motion, which was seconded by Justin Eichmann. 2014-15 District & CLC Calendars The Board voted 7-0 to approve Calendar B for the district and continuous learning calendars for the 2014-15 calendar year. Steve Percival made the motion, which was seconded by Traci Farrah. 2013-14 Special Education Budget The Board voted 7-0 to approve the 2013-14 special education budget, related services budget application and assurances. Bryn Bagwell made the motion, which was seconded by Steve Percival. ACSIP Statement of Assurances The Board voted 7-0 to approve the district 2013 Arkansas Comprehensive School Improvement Plan Statement of Assurance and to authorize the superintendent to sign the plan document. Bryn Bagwell made the motion, which was seconded by Justin Eichmann. FHS Update Jared Brown from Nabholz Construction reported on the Fayetteville High School project. He noted that work on the vocational/agri spaces will be complete on October 1 and the first day of classes in the new space will be November 4. Construction on the media center will be complete on October 1, but additional work will need to be finished before it is ready for use by students and staff. Mr. Brown also presented an update regarding the guaranteed maximum price concept and monthly expenditures for the FHS project. John Coleman from Viridian reported that FHS Phase I has officially
5 Land Lease
Version 5 30 2012
received LEED Silver certification. Functional testing of mechanical and electrical systems in Sections A, B and C of Phase II will occur in early October. Ozark Guidance Center Lease Agreement Debra Wilson, director of special services, presented the lease agreement between the Fayetteville School District and Ozark Guidance Center, Inc. Mrs. Wilson introduced Tom Petrizzo, chief executive officer, and Arin Moser, clinical manager of school based services, from Ozark Guidance Center, who reported that the agreement would solidify space and services in the schools. In addition, the agreement would allow Ozark Guidance Center to provide services for families with private insurance because the space would be considered a satellite clinic. The Board will be asked to approve the lease agreement at the October board meeting. Owl Creek CLC Calendar Kristen Champion, Owl Creek School principal, and members of the school calendar study committee presented information regarding the three year process of investigating the continuous learning calendar, work of the school calendar study committee and survey results. The final recommendation of the Owl Creek faculty, based upon the research and survey results, is to transition to the continuous learning calendar starting in the 2014-15 school year. The Board will be asked to vote on this recommendation at the October board meeting. Revised Facility Rental Fees Ginny Wiseman, associate superintendent for administration, presented a revised rental agreement for cafeterias, classrooms and elementary gyms. The rate increase is proposed due to higher costs of utilities, paper products and salaries of custodial personnel. The Board asked Mrs. Wiseman to include the rental agreement for the FHS performing arts center and athletic facilities and present the policy with those revisions as an information item at the October board meeting. Student Based Budgeting Dr. Lisa Morstad, chief financial officer, presented information regarding the student based budgeting process. The project objective is to create a blueprint for the use of district financial resources to enhance and support student achievement and prioritize opportunities in the future. The plan was presented to district leadership in August. Closed Session for Expulsion Hearing The Board adjourned to closed session for an expulsion hearing. The Board reconvened in open session and voted 7-0 to expel student A for the remainder of the 2013-14 school year. Susan Heil made the motion, which was seconded by Justin Eichmann. Adjournment The meeting was adjourned at 7:58pm. _________________________________ __________________________________ Tim Hudson, President Bryn Bagwell, Secretary
6 Land Lease
Version 5 30 2012
Minutes of the October 9, 2013 Special Meeting of the Fayetteville Board of Education
The meeting convened at 11:30am in the Adams Leadership Center and called to order by Vice-president Jim Hallsell. The roll was called and board members Justin Eichmann, Steve Percival, Susan Heil, Bryn Bagwell, Jim Halsell and Traci Farrah were present. Tim Hudson arrived after the roll was taken. Vicki Thomas, superintendent, and Patty Plummer, project manager, presented information regarding the work of the grade reconfiguration committee that was done from March 2011 through February 2012. Information presented included the parameters that were used and scenarios that were developed. The board discussed the parameters that were previously used. The main parameters were student achievement and accountability, no boundary changes at elementary schools, use existing facilities, transportation safety and efficiency, diversity, and stability. The board agreed that it is not necessary to change these parameters It was also agreed that the sub-bullet points under each parameter will be used as guidelines that are flexible and subject to change as the work of the new district committee progresses. In addition, new demographic information will be presented in November which could also result in a recommendation to modify the guidelines. The board agreed to one change to the first guideline under the parameter regarding student achievement and accountability. In order to emphasize the focus on student achievement, the guideline was changed to “consider pure feeders as an enhancement to student achievement”. The meeting was adjourned at 12:39pm. _______________________________ _______________________________ Tim Hudson, President Bryn Bagwell, Secretary
7 Land Lease
Version 5 30 2012
October 24, 2013
B. Certified Staff Changes
TO: Board of Education FROM: Vicki Thomas, Superintendent I recommend approval of the following personnel actions: Employment – Transfers and Changes
Name Position & Assignment Harold Morse Teacher/ALLP/FHS Kelly Williams-Brown Teacher/FHS Pamela Baker Teacher/FHS Kim Thomas Teacher/FHS Suzette Noble Teacher/Holt/Woodland Dona McSpadden Teacher/ALLP/Woodland Haley Weaver Teacher/Owl Creek Deena Brown Teacher/Owl Creek 1Pending Completion of a criminal background check and receipt of eligibility information from the Department of Education 2One year only 3Year 1 of 1 year new hire probationary period 4Year 1 of 3 year new hire probationary period 5Year 2 of 3 year new hire probationary period 6Year 3 of 3 year new hire probationary period 7Per policy 4150 8Contingent upon receipt of Arkansas Teaching Licensure 9One year contract contingent on grant funding 10Contingent upon acceptance in ALP program 11Contract contingent upon waiver approval 12 Contingent upon receipt of ABESBA License 13Contingent upon receipt of Medicaid Billing
8 Land Lease
Version 5 30 2012
September 26, 2013
C. Classified Staff Changes TO: Board of Education FROM: Vicki Thomas, Superintendent I recommend approval of the following personnel actions: Provisional Employment1,2 Name Position & Assignment Replacement/New Period Rebecca Ramey Custodian/District Replacement 13/14 Amy Paul Special Ed Bus Aide/Transportation New 13/14 Spencer Green Reading Interventionist/Holt New 13/14 Lealan Nichols Bus Driver/Transportation Replacement 13/14 Robert Kelting Bus Driver/Transportation Replacement 13/14 Kristin Fusco4 Title I/Kindergarten Aide/Asbell New 13/14 Sarah Cox Library Aide/Root Replacement 13/14 Melinda Mock Food Service Tech./Leverett Replacement 13/14 Malibika Bose Food Service Tech./Woodland Replacement 13/14 Employment – Transfers, Changes Name Position & Assignment Replacement/ Period New Position Martha Thornton Administrative Assistant/Central Office Replacement 13/14 Resignations Name Position & Assignment Deborah Richardson Food Service Technician/District Lori White Food Service Technician/Leverett 1Pending completion of a criminal background check and receipt of eligibility information from the Department of Education 2One Year Probationary Period 3Based on Student Count 4Grant Funded 5One Year Only
9 Land Lease
Version 5 30 2012
October 24, 2013
Consent Agenda
D. Student Transfers
TO: Board of Education FROM: Vicki Thomas
I recommend approval of the following student transfer requests:
Incoming: Anna Wieman requests that her child, Nathaniel Wieman, grade 2, be
transferred from the Prairie Grove School District to the Fayetteville School District Stephanie Morales requests that her children, Ebony Castro, grade 4, Aliss
Castro, grade 2, and Giselle Gonzalez, grade 1, be transferred from the Elkins School District to the Fayetteville School District
Outgoing:
Mark Starr requests that his children, Tiffany Starr, grade 12, and Rebecca Starr, grade 7, be transferred from the Fayetteville School District to the Farmington School District
Amanda R. Teitsort requests that her child, Emma B. Teitsort, kindergarten, be transferred from the Fayetteville School District to the Elkins School District
Kimberly D. Lawley requests that her child, Cloe M. Lawley, grade 5, be transferred from the Fayetteville School District to the Farmington School District
Tonya Johnson requests that her child, Justin Aaron Johnson, grade 10, be transferred from the Fayetteville School District to the Farmington School District
10 Land Lease
Version 5 30 2012
October 24, 2013
Delegate to ASBA Meeting
TO: Board of Education FROM: Tim Hudson I will ask the Board to elect a delegate to the 2013 ASBA Conference in Little Rock. The conference begins on December11th and ends on December 13th.
VII-A1
11 Land Lease
Version 5 30 2012
October 24, 2013
Ozark Guidance Center Lease Agreement
TO: Board of Education FROM: Debra Wilson I will ask the Board to approve the lease agreement between the Fayetteville School District and Ozark Guidance Center, Inc.
VII-B1
Lease Agreement
This Lease Agreement (this "Lease") is made effective as of August 1, 2013, by and between Fayetteville School District No. 1 of Washington County, Arkansas, a duly-established school district under the laws of the State of Arkansas ("Landlord"), and Ozark Guidance Center, Inc., an Arkansas nonprofit corporation operating as a tax-exempt organization under § 50l(c)(3) of the Internal Revenue Code ("Tenant")( collectively, the "Parties"). Based on the terms and subject to the conditions stated herein, the Parties agree as follows:
PREMISES: Landlord, in consideration of the lease payments described herein and other good and valuable consideration, leases to Tenant the office space identified in particular and located in designated schools in the Fayetteville Public Schools listed on Addendum A attached hereto and incorporated herein by reference (collectively, the "Premises").
RENT PAYMENTS: Tenant shall pay to the Landlord as rent for the Premises the sum of Fifty Dollars ($50.00) per school semester for the Premises, including all office space at all schools identified in particular on Addendum A.
UTILITIES AND COMMON AREA MAINTENANCE: Landlord shall assume responsibility for utilities and common area maintenance of the Premises.
TERM: The term of this Lease will begin on August I, 2013, and will terminate on May 31, 2014, subject to renewal by agreement of the Parties.
POSSESSION: Tenant shall be entitled to possession of the Premises on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by the Parties.
IMPROVEMENTS TO LEASED SPACE: Tenant shall not be allowed to make improvements to the Premises.
EXCLUSIVE USE OF PREMISES: Tenant may use the Premises exclusively for the purpose of providing behavioral health and related services for students of the Fayetteville Public Schools and their families, and Tenant specifically covenants not to use the Premises for any Tenant services not related to students of the Fayetteville Public Schools or their families. Tenant shall notifY Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence.
In occupying the Premises, Tenant shall abide by all Landlord calendars and school hours of operation. Tenant shall not be allowed to occupy or use the Premises when schools are closed. Landlord retains absolute discretion to displace Tenant to utilize the Premises for school purposes based on the needs of the Fayetteville Public Schools. Landlord shall provide notice to Tenant of the need to use the Premises for a particular school purpose at least twenty-four (24) hours prior to such use.
STORAGE: Tenant shall be entitled to store items of personal property on the Premises which are related to the rendition of services to the students of the Fayetteville Public Schools and their families, but such items must be removed at certain times when requested by Landlord.
MAINTENANCE: Landlord shall have the responsibility to maintain the Premises in good repair at all times. Tenant is responsible for any damage to the Premises and must reimburse Landlord for all costs of such repair. Tenant must keep the Premises clean and in a good, safe working condition. Tenant agrees
that Landlord can make periodic inspections of the Premises to ensure the Premises are being maintained appropriately.
ACCESS BY LANDLORD TO PREMISES: Landlord shall have the right to enter the Premises to make inspections, provide necessary services, such as maintenance or repair, or conduct other business.
OTHER SERVICES: Landlord will ensure that Internet connection is available to Tenant in the Premises either through plug-in or wireless capabilities at Landlord's expanse. Tenant is responsible for its own computer or cell phone equipment, insurance, and expenses.
AGREEMENTS OF TENANT: Tenant agrees to the following terms and conditions: a. At the end of the term of this Lease, Tenant shall deliver the Premises in the same order, condition, and repair as received by Tenant. b. Tenant's use and occupancy of the Premises shall be for the exclusive purpose stated herein. c. Tenant shall conduct its use of the Premises in a lawful manner and in compliance with all laws, rules, regulations, and all applicable rules and regulations of Landlord. d. Tenant acknowledges that Landlord desires that the Premises be a "green" facility that recycles as much as possible, and Tenant agrees to comply with all recycling and waste management efforts as directed by Landlord.
DAMAGE BY FIRE OR OTHER CASUALTY: Landlord shall bear the risk of loss by fire or other casualty and shall maintain fire insurance in keeping with the laws of the State of Arkansas. Landlord will not provide insurance for Tenant's property that is kept on the Premises; Tenant shall provide its own personal property insurance.
CONDITION OF PREMISES: Tenant accepts the Premises in "As Is" condition; however, this does not relieve Landlord of its responsibility to assure that the Premises conform to the Arkansas Fire Prevention Code, and any other state or local laws or codes which may be applicable.
LIABILITY INSURANCE: As a condition of its use of the Premises under this Lease, Tenant shall maintain general public liability insurance at its own expense, in an amount not less than one million dollars ($1,000,000.00) per occurrence.
DANGEROUS MATERIALS: Tenant shall not store or have on the Premises any item of a dangerous, inflammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might otherwise be hazardous to students, teachers or any employee of the Fayetteville Public Schools.
DEFAULTS: Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Landlord may take possession of the Premises within (10) working days after giving notice of default to Tenant.
ASSIGNABILITY/SUBLETTING: Tenant may not change, assign or sublease the Premises.
TERMINATION A. UPON SALE OF PREMISES: Notwithstanding any other provision of this Lease, Landlord
may terminate this lease upon thirty (30) days' written notice to Tenant that the Premises have been sold.
B. WITHOUT CAUSE BY TENANT: Tenant may terminate this Lease without cause by providing thirty (30) days' written notice of termination to Landlord. No matter when such termination is given by Tenant, Tenant will owe the full rent amount for that semester.
2
C. WITHOUT CAUSE BY LANDLORD: Landlord may terminate this Lease without cause by providing thirty (30) days' written notice of termination to Tenant. Upon receipt of such notice, Tenant will be relieved of its obligation to pay rent for any subsequent semesters.
NOTICE: Notices under this Lease shall be in writing and forwarded by first class mail and e-mail, as follows:
LANDLORD: Name:
TENANT: Name:
Fayetteville School District No. I of Washington County, Arkansas Vicki Thomas, Superintendent P.O. Box849 Fayetteville, Arkansas 72702-0849 [email protected]
Ozark Guidance Center, Inc. Tom Petrizzo, CEO 2400 S. 481
ENTIRE AGREEMENT/AMENDMENT: This Lease contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement pertaining to the subject matter of this Lease. This Lease may be modified or amended only in writing by the agreement of the Parties.
GOVERNING LAW: This Lease shall be construed in accordance with the laws of the State of Arkansas.
LANDLORD:
Fayetteville School District No. I of Washington County, Arkansas
McNair Middle School- Audio Visual (AV) room inside the library Holt Middle School- OG Counselor's Office Woodland Junior High- Woodshop Closet (adjacent to Room C7) Fayetteville High School- Room E212
4
12 Land Lease
Version 5 30 2012
October 24, 2013
Owl Creek CLC Calendar
TO: Board of Education FROM: Kristen Champion I will ask the Board to approve the recommendation of the Owl Creek School faculty to transition to the continuous learning calendar for Owl Creek in 2014-15.
VII-C1
13 Land Lease
Version 5 30 2012
October 24, 2013
Boundary Shift Parameters
TO: Board of Education FROM: Tim Hudson I will ask the Board to approve boundary shift parameters for populating campuses.
VII-D1
Parameters• Student Achievement and Accountability
– Consider pure feeders as an enhancement to student achievement*– No impact on adequate yearly progress*
• No boundary changes at Elementary Schools– Keep neighborhoods and peers together, if possible*
• Use existing facilities– Least financial impact with no modifications or enhancements to the
buildings*• Transportation, Safety, and Efficiency
– Reasonable time for safe travel to and from school*– Optimize bus routes with no additional costs for buses*
• Diversity– Balance among the student population, where possible*
• Stability– Recommendation will allow for projected growth, population shifts and
reductions in overflow*
*Sub‐bullet points are guidelines and subject to change based upon demographic data and committee recommendations.
14 Land Lease
Version 5 30 2012
October 24, 2013
Fayetteville High School Construction Update
TO: Board of Education FROM: Vicki Thomas Information regarding the renovation and construction at Fayetteville High School will be presented.
VIII-A1
Activity ID Activity Name OriginalDuration
Start Finish
FHS NorthFHS North 145 09-Jul-13 A 21-Feb-14
North East QuadNorth East Quad 145 09-Jul-13 A 21-Feb-14
NE Quad - Central Renovation & AdditionNE Quad - Central Renovation & Addition 145 09-Jul-13 A 21-Feb-14
BuildingBuilding 120 09-Jul-13 A 17-Jan-14
2890 Concrete Foundations 25 09-Jul-13 A 24-Oct-13
2900 MEP Below Grade Rough-in 15 06-Sep-13 A 22-Oct-13
3040 Install Elevated Decking 16 13-Sep-13 A 22-Oct-13
3050 Install Steel Columns and Beams 12 16-Sep-13 A 06-Nov-13
3170 Install Roof System Building 20 01-Oct-13 A 12-Nov-13
3160 Install Roof Curbs and Penetrations 24 08-Oct-13 A 18-Nov-13
3180 Install Main Ductwork above Ceiling 40 16-Oct-13 10-Dec-13
3190 Install Hangers and Supports 24 18-Oct-13 20-Nov-13
3070 Install sleeves and penetrations 5 23-Oct-13 29-Oct-13
3210 Frame Walls and openings for MEP 33 23-Oct-13 06-Dec-13
3080 Form and Pour Elevated Slab 5 25-Oct-13 31-Oct-13
3220 In Wall MEP rough-ins 60 28-Oct-13 17-Jan-14
3090 Masonry Walls 42 01-Nov-13 30-Dec-13
3150 Interior Wall Lay-out Building 30 01-Nov-13 12-Dec-13
TO: Board of Education FROM: Vicki Thomas I will present the contract for the budget consultant for work on the student based budgeting project. Chris Lawson has reviewed the contract. The Board will be asked to approve the contract at the November board meeting.
VIII-B1
16 Land Lease
Version 5 30 2012
SBM PROS, LLC is pleased to provide this Proposal to provide consulting services for the Fayetteville Public Schools, Fayetteville, Arkansas (the “district”).
The Project Scope of Work:
1. To advise the Board of Education, superintendent and chief financial officer of matters relating to finance, operations, budgeting, projections, financial planning, facilities, technology, scheduling, etc., as requested.
2. To assist the Board of Education, superintendent and chief financial officer in completing a review of all operations and develop and implement a new student based resource allocation system.
3. To benchmark all staffing and compensation levels in the district.
4. To design new salary schedules for all support staff groups for implementation in the 2014/15 school year.
5. To provide recommendations regarding efficiencies the district may wish to consider.
6. To provide assistance with staffing transitions for the new grade alignment of schools effective with the 2015/16 school year.
7. To provide the Board of Education, superintendent and chief financial officer any ad hoc reports, as requested.
8. To attend any meetings, schedule permitting, as requested.
Resource Capabilities:
Dr. Craig A. Schilling, CEO, SBM PROS, LLC will be the consultant for any work or services requested by the district (“Consultant”).
Access:
The district agrees that the Consultant will have reasonable access to staff, documents and information to complete the worked requested; provided, however, Consultant shall not have access to student records containing personally identifiable information.
Fees/Discount:
Daily Rate: The daily rate for all work and services performed shall be $500 per day. (Note: This is approximately a 25% discount from the normal rate of $680 per day.)
Hourly Rate/Minimum: The hourly rate for all and services where less than a full day is required shall be $62.50. (Note: This is approximately a 25% discount from the normal rate of $85 hour.
Telephone Support: There is no change for telephone support as long as it is within reason. Planned conference calls or electronically conducted meetings would be an exception and be billed at actual time.
Expenses: The Consultant will be reimbursed reasonable expenses relating to travel to/from the district, lodging and other incidental expenses. The Consultant does not bill for meals. Where multiple copies of reports are requested, the consultant will provide the district with a complete set in both PDF and hard copy form, which may be copied/distributed.
17 Land Lease
Version 5 30 2012
Estimated Contract: There is no obligation upon the district to utilize the Consultant for a specified number of days, etc. In order to complete the scope of work requested, the Consulting estimates the total cost to the district would be approximately $36,000 in 2013/14, $30,000 in 2014/15 and $10,000 in 2015/16 excluding reasonable expenses.
Contact:
The consultant’s contact at the district shall be Dr. Lisa Morstad, CFO.
Duration:
The contract shall be effective when approved by the Board of Education, Fayetteville Public Schools. The contract to include fees/discounts shall continue until December 31, 2015.
Termination:
Either party may terminate the contract with 30 days written notice. Should the district wish to continue the contract beyond the termination date, it may do so by providing notice to the Consultant by October 1, 2015.
Invoicing and Payment:
Invoices for services will be provided listing the date, time, and work provided, as appropriate. Receipts will be provided for travel, lodging and other incidental expenses.
Each party agrees that the delivery by facsimile or via the internet in PDF format of signed copies of this Agreement shall have the same force and effect as delivery of original signatures and that each party may use such facsimile/PDF format signatures as evidence of the execution and delivery of the Agreement to the same extent that an original signature could be used. District shall forward to SBM PROS LLC the original executed versions in each case as soon as reasonably practicable.
IN WITNESS WHEREOF, the parties have caused this Consulting Agreement to be executed and delivered by their duly authorized officials as of the date set forth below: DISTRICT: Fayetteville Public Schools an Arkansas public school district By: _______________________________ Print Name: Vicki Thomas Title: Superintendent
Date: ______________________________
SP: SBM PROS an Illinois limited liability company
By: VÜt|z T fv{|ÄÄ|Çz Print Name: Craig A. Schilling, Ed.D. Title: CEO
Date: 9/23/2013
18 Land Lease
Version 5 30 2012
October 24, 2013
Financial Report
TO: Board of Education FROM: Logan LeMaster I will present the monthly financial report.
VIII-C1
Executive Summary Financial ReportFayetteville Public Schools
FY2013-2014
10/15/2013 Revised Year to Date Year to DateRevenues: FY13 Budget FY14 Budget 9/30/2014 % of 9/30/2012
3 months of 12 = 25% Note Budget 3 months of 12 = 25%
Property Tax Reserve 3,000,000$ 3,000,000$ 3,000,000$ 100% 3,000,000$ 21 C Fund 100,000$ -$ -$ 100,000$ Capital Funds & Savings for FHS 1,576,717$ -$ -$ 1,576,717$
-$ -$ Uncommitted Cfwd 2,533,320$ 1,142,427$ 1,180,540$ 2,533,320$ Restricted Carryforwards 954,797$ -$ 969,089$ 954,797$ State Funds 27,162,810$ 28,747,746$ 5,313,038$ a 18% 5,037,979$ Local Funds 59,910,148$ 60,550,179$ 5,997,599$ a 10% 6,038,190$ Interest on checking account 160,000$ 160,000$ 14,990$ a 9% 40,586$ Fed Funds/Grants/Restricted 11,744,672$ 10,998,738$ 612,070$ b 6% 853,553$ Vocational Education 27,000$ 27,000$ 16,927$ a 63% 10,156$ Softdrink contract 60,000$ 60,000$ -$ a -$ Athletic Gate Receipts 160,000$ 160,000$ 71,828$ 45% 59,414$ Miscellaneous 210,000$ 210,000$ 13,182$ a 6% 105,801$ Food Service sales 1,500,000$ 1,500,000$ 283,930$ a 19% 270,170$ Reserve 5,281,200$ 5,281,200$ 5,281,200$ 100% 5,281,200$
Total Revenues & Reserve: 114,380,664$ 111,837,290$ 22,754,392$ 25,861,884$
Expenditures:Salaries 64,653,731$ 63,818,118$ 11,359,464$ c 18% 11,245,984$ Fringe Benefits 15,516,895$ 15,536,348$ 2,745,850$ c 18% 2,803,852$ Debt Service Payments 14,113,653$ 14,557,220$ 712,008$ d 5% 646,564$ Maintenance & Operations:
Maintenance 1,280,755$ 1,089,071$ 775,891$ e 71% 631,541$ Utilities 1,673,899$ 1,673,899$ 404,389$ 24% 376,312$ Transportation 977,873$ 863,042$ 355,333$ 41% 417,559$ Food Service 1,250,000$ 1,062,500$ 296,463$ a 28% 114,533$ Technology 606,207$ 515,276$ 241,577$ f 47% 183,009$ Curriculum & Instruction 2,132,201$ 1,951,218$ 1,304,533$ f 67% 1,334,256$ School Improv/Prog. Devlp. 235,422$ 200,108$ 23,147$ f 12% 23,370$ Athletics/Physical Education 335,926$ 319,962$ 164,700$ g 51% 103,062$ Grant Expenditures (not personnel) 1,400,654$ 1,226,154$ 212,671$ b 17% 392,549$ Miscellaneous 720,902$ 610,775$ 192,014$ a 31% 259,122$ Tuition 44,000$ 37,400$ -$ a 0% -$ C21 Curriculum 202,549$ -$ 77,359$ Reserve 5,281,200$ 5,281,200$ 5,281,200$ Unrestricted Carryforward 3,000,000$ 3,000,000$ Restricted Carryforward 954,797$ 954,797$ Total Expenditures & Reserve: 114,380,664$ 111,742,290$ 18,788,041$ 24,845,068$
60%15%
4%
4%
2%
2% 2%
1%
7%
0%
0.88%
1%1%
FY13 Expenditures thru 9/30/13
Salaries
Fringe Benefits
Debt Service Payments
Maintenance
Utilities
Transportation
Food Service
Technology
Curriculum & Instruction
School Improv/Prog. Devlp.
Athletics/Physical Education
Grant Expenditures (not personnel)
Miscellaneous
$‐
$2,000,000.00
$4,000,000.00
$6,000,000.00
$8,000,000.00
$10,000,000.00
$12,000,000.00
Executive SummaryFayetteville Public Schools
FY2013-2014Notes to Financial Report
a. Funding/Expenditures not incurred equally throughout the year.
b. Lower because grant and restricted funds are primarily received as a reimbursement of expenditures and federal sequester of funds.
c. First teacher payroll occurred in August
d. Debt service payments are not paid equally throughout the year.
e. Expenditures are related to timing of projects and payment of insurance policies at the beginning of the school year.
f. Includes purchases of textbooks and other supplies purchased before beginning of school year.
g. Expenditures at the beginning of the school year include equipment and uniform expenses
19 Land Lease
Version 5 30 2012
October 24, 2013
Retirement Incentive Plan
TO: Board of Education FROM: Greg Mones Along with representatives from Educators Preferred Corporation, I will present information on the two retirement incentive plan options. Chris Lawson has reviewed both plan options. The Board will be asked to approve one of the two plans at the November board meeting.
VIII-D1
Estimated Feasibility Study October-13
FPS ESP™
Employee Severance Plan ™
Confidential Draft Proposal
26877 Northwestern Highway, Suite 305 Southfield, Michigan 48033-8417
Phone: 1-800-7 4 7-1504 Fax: 1-888-676-8792
www. epcinternet. com
Fayetteville Public Schools Prepared by Educators Preferred Corporation
October-13
Educators Preferred Corporation
Educators Preferred Corporation has a proven track record implementing incentive programs in school districts and colleges. We have over 40 years experience serving the financial needs of educational employers throughout the country. EPC is the leading provider of consulting services for incentive programs implemented in educational institutions. We have processed over $1 billion in benefits and have counseled thousands of employees since our inception.
We employ experienced professionals and support staff. Each consultant has an average 16 years experience with educational/institutional benefits consulting, or is a former educator or administrator. Many of our finest professionals come from the ranks of those opting for past plans. These include teachers, superintendents, business managers, and human resource managers.
EPC dedicates significant resources to technical matters as they pertain to plan documentation, federal and state statutes and other issues. The company has specialized in educational employees for the past two decades and continues to develop new and meaningful services and technologies for this market.
Page 1
Fayetteville Public Schools Prepared by Educators Preferred Corporation October-13
Employee Severance Plan - ESP™ The Employee Severance Plann• (ESPn.•) was developed by Educators Preferred Corporation to help educational employers reduce salary costs. Typically salaries and fringe benefits represent 80-85% of a school system's budget. By implementing the ESPn•, EPC's clients have significantly reduced salary costs.
The ESPn• is a severance program that provides a monthly stream of income to the opting participant or their beneficiaries for a fixed number of years. The employee agrees, during a window period, to terminate service on a common date determined by the employer.
This meaningful benefit induces a diverse age group of employees to retire, make a career change, return to school, or be with family. Past results show that 50% of our ESP™ participants are age 56 or younger.
Results are dramatic as exits of top of scale staff are significantly increased during the program. The employer can choose to offer the ESPn .. only to certain groups, thus tailoring the plan to their specific needs. EPC provides this study on a no-cost, no-risk basis. Past studies were accurate in assessing, in advance, the number of employees that may opt for the ESPn•.
The ESPn• is a complete consultative approach. EPC effectively manages the entire process for the employer, including administering benefits to the employee. There is minimal demand on the employer's administrative staff and resources.
Many positive results are achieved through the implementation of the ESPn·•. These include: reducing salary costs, increasing or decreasing staff, promoting of employees, avoiding program and staff cuts, and renewed enthusiasm for the educational process within the district. The ESPn• is a "win-win" for the employer, participant, students and community.
Page 2
Fayetteville Public Schools
Prepared by Educators Preferred Corporation October-13
EDUCATORS PREFERRED CORPORATION Value added services that assure success ...
A proactive program that helps avoid lay-offs and program cuts, the ESP 1M :
.,.. Is a controlled approach to buy-outs that can be structured for specific employee groups .
.,.. Is a non age discriminatory program .
.,.. Is a proven plan, w ith a successful track record with over 400 plans implemented in school systems and colleges .
.,.. Attracts employees as young as age 38, with 50% of ESPn• participants under age 56 .
.,.. Is a cost effective approach .
.,.. Is a flexible plan, allowing for purchase of service time options, and alternate pay-out periods .
.,.. Greatly reduces the work load on the district's central office, as details are deferred to an experienced firm:
• Enrollment procedures • Lost checks • Record keeping • General tax questions • Address changes • Document preparation • Name changes • Prepare annual tax reporting • Beneficiary changes • Toll free access • Death claims • Employee communications
.,.. Includes a complete set of legal documents for review by employer legal counsel :
• Plan Document Enrollment Forms: • Release and Waiver of Claims Agreement • Tax Withholding • Resignation/Retirement Election Form • Beneficiary • Older Workers Benefit Protection Act Requirements • Electronic Deposit
.,.. Includes comprehensive counseling for employees and their spouses, CPA's, etc., complete with a Personal Retirement Planning Package:
• ATRS/APERS projections • Tax worksheets • Purchase of time options • Life\Health\Vision\Dental insurance • Retirement planning • Retirement application seminars • Pre vs. Post retirement projection • Social Security Projections
.,.. Is received positively by the press and community, EPC prepares press releases.
Page 3
Fayetteville Public Schools Prepared by Educators Preferred Corporation
October-13
Executive Summary for the Employee Severance Plan - ESP™
Objective- To reward long term employees for their loyalty and length of service while at the same time containing costs.
Plan Eligibility- The Employee Severance Plan -ESPrM is a one time offer to teachers, administrators and classified staff who have a minimum of 10 (ten) years of service credit with the Arkansas Teachers Retirement System (ATRS), and a minimum of 5 (five) years of actual active service with Fayetteville Public Schools as of June 30,2014.
Plan Benefits- Teachers and administrators who elect the ESPrM will receive $50,000, which is divided into equal monthly payments. Classified employees who elect the ESPrw will receive 100% of his/her 2013-2014 base salary, not to exceed $25,000, which is divided into equal monthly payments. Certain classified employees who are managers, coordinators, directors, supervisors, occupational therapists or physical therapists AND are earning a base salary of $50,000 or higher will receive $50,000, which is divided into equal monthly payments. Refer to next page for benefit structure.
Part-Time Employees- Part time employees shall have the ESPrM benefit prorated based on/his her FTE.
Sick Leave Benefits - The ESPrM is being offered in lieu of any applicable sick leave reimbursement. The Employee can choose to elect either the ESP"" or they can elect sick leave reimbursement, but they cannot elect both. To avoid potential accessive use of sick days, the administration will strictly enforce the current sick leave policy.
Window Period of Election- The window of opportunity to elect the plan is December, 2013 through February, 2014 (for example).
Exit Date - June 30, 2014.
Benefit Start Date - October of the year of exit.
Operational Needs -The district reserves the right to retain certain employees for up to one year beyond their elected exit date, based on educational and operational needs of the district. Those retained would still receive the ESP™ benefits.
Effect on Educational Process - The replacement process necessary to fill most, if not all of the vacated positions can have a very beneficial effect on educational objectives. Although a number of excellent staff may elect the ESP™, overall results of new, enthusiastic teaching professionals, and newly promoted personnel are invariably positive.
Implementation- Educators Preferred Corporation (EPC) implements the plan throughout the entire 5-8 year period. EPC provides all informational meetings, private counseling, enrollment procedures, and administrative details. EPC also provides prototype plan documents for approval by the district. A non-refundable deposit of $25,000 is due at the start of the window period which is 100% applied toward final plan costs.
Billing Explanation -The ESP™ monthly benefits are administered through a Group Benefit Administration Contract. There are three scheduled billings for the plan. The plan cost illustrated includes the plan benefits, the underwriting insurance carrier and EPC's administrative expenses. This contracUpolicy is issued approximately 30 days before benefits commence. Until such time, all plan costs presented are estimates only. Actual plan costs are based on investmenUinterest rates at the time the contracUpolicy is issued, and may vary significantly from estimated plan costs.
Taxation and Legal Issues- As EPC is not tax or legal counsel, we recommend that any questions and all tax and legal decisions be reviewed by district advisors.
Page4
Fayetteville Public Schools Prepared by Educators Preferred Corporation October-13
Benefit Summary for the Employee Severance Plan - ESP™
Plan Benefits- Teachers and administrators who elect the ESPTM will receive $50,000, which is divided into equal monthly payments. Classified employees who elect the ESP™ will receive 100% of his/her 2013-2014 base salary, not to exceed $25,000, which is divided into equal monthly payments. Certain classified employees who are managers, coordinators, directors, supervisors, occupational therapists or physical therapists AND are earning a base salary of $50,000 or higher will receive $50,000, which is divided into equal monthly payments. Refer to Group 1 and Group 2 below for benefit payment structure.
Group 1: Those electing the ESP™ who are eligible to retire under the Arkansas Teacher Retirement System (hereinafter "ATRS") or the Arkansas Public Employees Retirement System (hereinafter "APERS") effective June 30, 2014.
Group 1 Participants receive the total ESP™ benefit over 5 years, divided into 60 equal monthly payments made to the participant's Post Employment 403(b) account. If the participant chooses, they can access the funds each month, within the parameters of the Post Employment 403(b) tax code. Under current tax rules, the employer and employee do not have to pay Social Security or Medicare taxes on the ESP™ amounts deposited into the 403{b}, and federal and state taxes are deferred until the individual withdraws funds from their Post Employment 403(b) account.
Group 2: Participants who elect the ESP™, but are not eligible to retire under ATRS or APERS effective June 30, 2014.
Group 2 Participants receive the total ESP™ benefit over 8 years, divided into 96 equal monthly payments subject to all applicable Social Security, Medicare, Federal, State, and local taxes. Those participants over the age of 59 at the time his/her benefits begin will receive the same total benefit in a compressed time frame, distributed on a monthly basis between their age at separation and age 67 (the compressed plan costs are illustrated in this study). Those who will be age 66 or older at the time benefits begin, shall receive their ESP™ benefit as a lump sum, paid by the district in January of the year following his/her elected exit date.
Page 5
Fayetteville Public Schools
Prepared by Educators Preferred Corporation October-1 3
Fayetteville Public Schools 2013-2014 ESP™ Sample Time-Line
Study Period l-----l-----l-----l------11------11----l----l------l Board Review and Approval
ESP™ General Information Meeting ~----+-----4-------+-----;------r-----+-----~----~
Window Period of Election/Enrollment ~----+------+-------+-----;-----;
ESP™ Counseling ~----+-----~-----+----~----~
Recruitment/Replacement~----+------+------+-----;----~ Retire/Resign Date __ _
Billing Date Aug-14
Benefit Start Date
*By law, the Employee must be given a minimum of 45 days to consider the Plan, which is then followed by a 7 day revocation period.
Page 6
Fayetteville Public Schools Prepared by Educators Preferred Corporat1on October-13 ~tal_St_aff
Cumulative Projected Net Budget Reduction from Implementing the ESP™ Teachers - 95% Replaced
Administrators- 100% Replaced
Mgr!Dir/Coor/Supnhera -100% Replaced
Classified Staff- 100% Replaced for the ESP™- 50 Replaced--
@¥ ~
Normal Retirements- No ESP™- 18 Normal Retirements
$1 ,238,88~ $3,278,646
Fayetteville Public Schools Feasibility Study Results with ESP,... 119 Participants
Projected 8 year cumulative budget savings increase over normal exits: $3,634,436 Projected 8 year percentage budaet savings increase over normal exits: 163%
Page7'
Fayetteville Public Schools Prepared by Educators Preferred Corporation October-13 ~t_aLStaff
Cumulative Projected Net Budget Reduction from Implementing the ESP™ Teachers- 90% Replaced
Administrators - 100% Replaced
Mgr/Dir/Coor/Sup/Thera - 100% Replaced
Classified Staff- 90% Classified Staff- ESP™ - 50 Opting for the ESP™ - 45 Replaced
Normal Retirements- No ESP™- 18 Normal Retirements
Fayetteville Public Schools Feasibility Study Results w ith ESP,.,. 119 Participants
Projected 8 year cumulative budget savings increase over normal exits: $6,220,275 Projected 8 year percenta~~dget savings increase over normal exits: 256%
Fayetteville Publtc Schools Prepared by Educators Preferred Corporatton October-13 ~taLStaff
Cumulative Projected Net Budget Reduction from Implementing the ESPn.4 Teachers- 100% Replaced
Administrators- 100% Replaced
Mgr/Dir/Coor/Supnhera -100% Replaced
Classified Staff- 100% Replaced for the ESP™- 50 Re
Total Staff- ESP™ - 119 Estimated Opting for the ESP™ - 119 Replaced
$205,708 $205,708
Normal Retirements- No ESP™- 18 Normal Retirements
$1 ,033,847 $2,309,925
--·-· $792,283 $3,102,209
Fayetteville Public Schools Feasibility Study Results with ESP" ' 119 Participants
Projected 8 year cumulative budget savings increase over normal exits: $2,234,513 Projected 8 year percentage budaet savings Increase over normal exits: 111%
PageY"
Estimated Feasibility Study October-13
FPS ESP™
Employee Severance Plan TM
Salary Stipend Plus ESP™ Confidential Draft Proposal
The projections in this study were requested by FPS and are not projections made by EPC.
26877 Northwestern Highway, Suite 305 Southfield, Michigan 48033-8417
Phone: 1-800-7 4 7-1504 Fax: 1-888-676-8792
WWN.epcinternet.com
Fayetteville Public Schools Prepared by Educators Preferred Corporation
October-13 r.--
Educators Preferred Corporation
Educators Preferred Corporation has a proven track record implementing incentive programs in school districts and colleges. We have over 40 years experience serving the financial needs of educational employers throughout the country. EPC is the leading provider of consulting services for incentive programs implemented in educational institutions. We have processed over $1 billion in benefits and have counseled thousands of employees since our inception.
We employ experienced professionals and support staff. Each consultant has an average 16 years experience with educational/institutional benefits consulting, or is a former educator or administrator. Many of our finest professionals come from the ranks of those opting for past plans. These include teachers, superintendents, business managers, and human resource managers.
EPC dedicates significant resources to technical matters as they pertain to plan documentation, federal and state statutes and other issues. The company has specialized in educational employees for the past two decades and continues to develop new and meaningful services and technologies for this market.
Page 1
Fayetteville Public Schools
Prepared by Educators Preferred Corporation October-13
Employee Severance Plan - ESP™
The Employee Severance Plan™ (ESP™) was developed by Educators Preferred Corporation to help educational employers reduce salary costs. Typically salaries and fringe benefits represent 80-85% of a school system's budget. By implementing the ESPrM, EPC's clients have significantly reduced salary costs.
The ESP™ is a severance program that provides a monthly stream of income to the opting participant or their beneficiaries for a fixed number of years. The employee agrees, during a window period, to terminate service on a common date determined by the employer.
This meaningful benefit induces a diverse age group of employees to retire, make a career change, return to school, or be with family. Past results show that 50% of our ESP™ participants are age 56 or younger.
Results are dramatic as exits of top of scale staff are significantly increased during the program. The employer can choose to offer the ESPn .. only to certain groups, thus tailoring the plan to their specific needs. EPC provides this study on a no-cost, no-risk basis. Past studies were accurate in assessing, in advance, the number of employees that may opt for the ESP™.
The ESP™ is a complete consultative approach. EPC effectively manages the entire process for the employer, including administering benefits to the employee. There is minimal demand on the employer's administrative staff and resources.
Many positive results are achieved through the implementation of the ESP™. These include: reducing salary costs, increasing or decreasing staff, promoting of employees, avoiding program and staff cuts, and renewed enthusiasm for the educational process within the district. The ESP™ is a "win-win" for the employer, participant, students and community.
Page 2
Fayetteville Public Schools Prepared by Educators Preferred Corporation October-13
EDUCATORS PREFERRED CORPORATION Value added services that assure success .. .
A proactive program that helps avoid lay-offs and program cuts, the ESP™ :
..,.. Is a controlled approach to buy-outs that can be structured for specific employee groups .
..,.. Is a non age discriminatory program .
..,.. Is a proven plan, with a successful track record w ith over 400 plans implemented in school systems and colleges .
..,.. Attracts employees as young as age 38, with 50% of ESPTM participants under age 56 .
..,.. Is a cost effective approach .
..,.. Is a flexible plan, allowing for purchase of service time options, and alternate pay-out periods .
..,.. Greatly reduces the work load on the district's central office, as details are deferred to an experienced firm:
• Enrollment procedures • Lost checks • Record keeping • General tax questions • Address changes • Document preparation • Name changes • Prepare annual tax reporting • Beneficiary changes • Toll free access • Death claims • Employee communications
..,.. Includes a complete set of legal documents for review by employer legal counsel :
• Plan Document Enrollment Forms: • Release and Waiver of Claims Agreement • Tax Withholding • Resignation/Retirement Election Form • Beneficiary • Older Workers Benefit Protection Act Requirements • Electronic Deposit
..,.. Includes comprehensive counseling for employees and their spouses, CPA's, etc., complete with a Personal Retirement Planning Package:
• ATRS/APERS projections • Tax worksheets • Purchase of time options • Life\Health\Vision\Dental insurance • Retirement planning • Retirement application seminars • Pre vs. Post retirement projection • Social Security Projections
..,.. Is received positively by the press and community, EPC prepares press releases.
Page 3
Fayetteville Public Schools Prepared by Educators Preferred Corporation October-13
Benefit Summary for the Employee Severance Plan - ESPTM
Plan Benefits- Teachers, administrators, and classified employees who elect the ESP™ will receive a salary increase of $5,000 each year (compounded) for two years (a total of $15,000 cumulatively) or a 20% increase to his/her base salary, whichever is less.
After exiting in June, 2014 or 2015, teachers and administrators will receive $20,000, which is divided into equal monthly payments. Classified employees will receive 100% of his/her 2013-2014 base salary, not to exceed $10,000, which is divided into equal monthly payments. Certain classified employees who are managers, coordinators, directors, supervisors, occupational therapists or physical therapists AND are earning a base salary of $50,000 or higher will receive $20,000, which is divided into equal monthly payments (see next page for this portion of the payment structure) .
Participants receive the total ESP™ benefit over 5 years, divided into 60 equal monthly payments made to the participant's Post Employment 403(b) account. If the participant chooses, they can access the funds each month, within the parameters of the Post Employment 403(b) tax code. Under current tax rules, the employer and employee do not have to pay Social Security or Medicare taxes on the ESP™ amounts deposited into the 403(b), and federal and state taxes are deferred until the individual withdraws funds from their Post Employment 403(b) account.
Page 5
Fayetteville Public Schools Prepared by Educators Preferred Corporation October-13
Fayetteville Public Schools 2013-2014 ESP™ Sample Time-Line
Study Period r-----+------r-----+----~------r-----~-----r----~
Board Review and Approval ~----+------r-----+----_,--~--r-----~----~-----4
legal Documents Prepared _ Announcement Memo and Data Form Mailed
r-----+------r-----+----~ Collect Data Forms
~----+-----~-----+----~ Prepare ESPrM Packages
~----+-----~-----+-----4 - ·-........ ESPrM General Information Meeting ~----+-----~-----+-----4------r-----~-----r----~
Window Period of Election/Enrollment ~----+-----~-----+----~----~
Total Staff- ESP™- 119 Estimated Opting for the ESP™- 116 Replaced
Normal Retirements- No ESP™- 18 Normal Retirements
$815,655 $2,796,537
Fayetteville Publ ic Schools Feasibility Study Results with ESP"' 119 Participants
Projected 8 year cumulative budget savings increase over normal exits: $4,404,187 Projected 8 year percentage budaet savings increase over normal exits: 198%
Page7"
Fayetteville Publ1c Schools Prepared by Educators Preferred Corporation October-13
The projections in this study were requested by FPS and are not projections made by EPC.
~t_aLStaff Cumulative Projected Net Budget Reduction from Implementing the ESP™
Teachers- 90% Replaced
Administrators - 100% Replaced
Mgr/Dir!Coor/Sup/Thera - 100% Replaced
Classified Staff- 90%
Total Staff- ESP™- 119 Estimated Opting for the ESP™- 108 Replaced
$1,744,856 I $47,934 $1,744,856 ~ $1,792,791
$1,169,147 $2,961 ,938
Normal Retirements - No ESP™- 18 Normal Retirements
Fayetteville Public Schools Feasibility Study Results with ESP"""119 Participants
$1,166,271 $8,239,955
Projected 8 year cumulative budget savings increase over normal exits: $6,990,026 Projected 8 year percenta~~tlget savings increase over normal exits : 289%
Fayetteville Public Schools
Prepared by Educators Preferred Corporation October-13
The projections in this study were requested by FPS and are not projections made by EPC.
~taLS_taff Cumulative Projected Net Budget Reduction from Implementing the ESP™
Teachers - 100% Replaced
Administrators- 100% Replaced
Mgr/Dir/Coor/Supflhera- 100% Replaced
Classified Staff- 100% Replaced for the ESP™ - 50 Reolaced
Total Staff- ESP™- 119 Estimated Opting for the ESP™- 119 Replaced
$1,242,998 $1,242,998
Normal Retirements- No ESP™- 18 Normal Retirements
Fayetteville Public Schools Feasibil ity Study Results with ESPTM 119 Participants Projected 8 year cumulative budget savings increase over normal exits: $3,004,264 Projected 8 year percentage budaet savings increase over normal exits: 150% Pager
20 Land Lease
Version 5 30 2012
October 24, 2013
SubTeach Update
TO: Board of Education FROM: Greg Mones I will provide an update regarding the district’s new substitute program with SubTeach USA.
VIII-E1
21 Land Lease
Version 5 30 2012
October 24, 2013
Cingular Wireless Agreement
TO: Board of Education FROM: David Tate I will present information regarding a lease agreement with Cingular Wireless PCS, LLC. The Board will be asked to approve the agreement at the November board meeting.
VIII-F1
22 Land Lease
Version 5 30 2012
Market: Arkansas Cell Site Number: AR2461 Cell Site Name: Mission & Crossover Fixed Asset Number: 11563045
OPTION AND LEASE AGREEMENT
THIS OPTION AND LEASE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below (the “Effective Date”), is entered into by Fayetteville School District No. 1 of Washington County, Arkansas, having a mailing address of P.O. Box 849, Fayetteville, Arkansas 72702-0849 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ("Tenant"). BACKGROUND Landlord owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, located at 3030 East Mission Blvd, in the County of Washington, State of Arkansas (collectively, the "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: 1. OPTION TO LEASE. (a) Landlord grants to Tenant an option (the "Option") to lease a certain portion of the Property containing approximately five thousand six hundred twenty-five (5,625) square feet including the air space above such ground space, as described on attached Exhibit 1 (the "Premises"), for the placement of Tenant’s Communication Facility. (b) During the Option Term, and during the term of this Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant’s sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant’s sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord’s title to the Property and the feasibility or suitability of the Property for Tenant’s Permitted Use, all at Tenant’s expense. Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant’s inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Option Term, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted. (c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of Seven Hundred Fifty and No/100 Dollars ($750.00) within thirty (30) business days of the Effective Date. The Option will be for an initial term of one (1) year commencing on the Effective Date (the "Initial Option Term") and may be renewed by Tenant for an additional one (1) year (the “Renewal Option Term”) upon written notification to Landlord and the payment of an additional Seven Hundred Fifty and No/100 Dollars
23 Land Lease
Version 5 30 2012
($750.00) no later than five (5) days prior to the expiration date of the Initial Option Term. The Initial Option Term and any Renewal Option Term are collectively referred to as the “Option Term.” (d) The Option may be sold, assigned or transferred at any time by Tenant to an Affiliate (as that term is hereinafter defined) of Tenant or to any third party agreeing to be subject to the terms hereof. Otherwise, the Option may not be sold, assigned or transferred without the written consent of Landlord, such consent not to be unreasonably withheld, conditioned or delayed. From and after the date the Option has been sold, assigned or transferred by Tenant to an Affiliate or a third party agreeing to be subject to the terms hereof, Tenant shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action.
(e) During the Option Term, Tenant may exercise the Option by notifying Landlord in writing. If Tenant exercises the Option then Landlord leases the Premises to Tenant subject to the terms and conditions of this Agreement. If Tenant does not exercise the Option during the Initial Option Term or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other. (f) If during the Option Term, or during the term of this Agreement the Option is exercised, Landlord decides to subdivide, sell, or change the status of the zoning of the Premises, Property or any of Landlord’s contiguous, adjoining or surrounding property (the “Surrounding Property,”) or in the event of foreclosure, Landlord shall immediately notify Tenant in writing. Landlord agrees that during the Option Term, or during the Term of this Agreement if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the Premises, Property or Surrounding Property or impose or consent to any other use or restriction that would prevent or limit Tenant from using the Premises for the Permitted Use. Any and all terms and conditions of this Agreement that by their sense and context are intended to be applicable during the Option Term shall be so applicable. 2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Communication Facility"), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord’s execution of this Agreement will signify Landlord’s approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord’s contiguous, adjoining or Surrounding Property as described on Exhibit 1 as may reasonably be required during construction and installation of the Communication Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant’s Permitted Use, including the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises at Tenant’s expense. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant’s Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the “Additional Premises”) for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then-current per square foot rental rate charged by Landlord to Tenant times the square footage
24 Land Lease
Version 5 30 2012
of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. 3. TERM. (a) The initial lease term will be five (5) years (the "Initial Term"), commencing on the effective date of written notification by Tenant to Landlord of Tenant’s exercise of the Option (the “Term Commencement Date”). The Initial Term will terminate on the fifth (5th) anniversary of the Term Commencement Date.
(b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or then-existing Extension Term.
(c) Unless (i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated as otherwise permitted by this Agreement prior to the end of the final Extension Term, then upon the expiration of the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter (“Annual Term”) until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term. Monthly rental during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. If Tenant remains in possession of the Premises after the termination of this Agreement, then Tenant will be deemed to be occupying the Premises on a month-to-month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement.
(d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the Term (the "Term").
4. RENT.
(a) Commencing on the first day of the month following the date that Tenant commences construction (the "Rent Commencement Date"), Tenant will pay Landlord on or before the fifth (5th) day of each calendar month in advance Seven Hundred Fifty and No/100 Dollars ($750.00) (the "Rent"), at the address set forth above. In any partial month occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within forty-five (45) days after the Rent Commencement Date.
(b) In year one (1) of each Extension Term, the monthly Rent will increase by seven and one-half percent (7½%) over the Rent paid during the previous five (5) year term. (c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises and Property for Tenant's Permitted Use and Tenant's ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant’s Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals.
(b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice.
(c) Tenant may also perform and obtain, at Tenant’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant’s use of the Premises will be compatible with Tenant’s engineering specifications, system, design, operations or Government Approvals.
25 Land Lease
Version 5 30 2012
6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods;
(b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable; (c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses;
(d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to
commencement of construction by Tenant; or
(e) by Tenant upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement, including the following: 5 Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 6(d) Termination, 11(d) Environmental, 18 Condemnation, or 19 Casualty. 7. INSURANCE. (a) During the Term, Tenant will carry, at its own cost and expense, the following insurance: (i) workers’ compensation insurance as required by law; and (ii) commercial general liability (CGL) insurance with respect to its activities on the Property, such insurance to afford protection of up to Three Million Dollars ($3,000,000) per occurrence and Six Million Dollars ($6,000,000) general aggregate, based on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing substantially equivalent coverage. Tenant’s CGL insurance shall contain a provision including Landlord as an additional insured. Such additional insured coverage:
(i) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors;
(ii) shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; and
(iii) shall not exceed Tenant’s indemnification obligation under this Agreement, if any. (b) Notwithstanding the foregoing, Tenant shall have the right to self-insure the coverages required in subsection (a). In the event Tenant elects to self-insure its obligation to include Landlord as an additional insured, the following provisions shall apply (in addition to those set forth in subsection (a)):
(i) Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like;
(ii) Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and
(iii) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like.
26 Land Lease
Version 5 30 2012
8. INTERFERENCE. (a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will
provide Tenant with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as those existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to, interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. (d) For the purposes of this Agreement, "interference" may include, but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility. 9. INDEMNIFICATION.
(a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement, except to the extent attributable to the intentional act or omission of Landlord, its employees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the intentional actions or failure to act of Landlord, its employees or agents, or Landlord's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors.
(c) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Landlord represents, warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other
27 Land Lease
Version 5 30 2012
agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises without hindrance or ejection by any persons lawfully claiming under Landlord; (iv) Landlord's execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will provide promptly to Tenant a mutually agreeable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest. 11. ENVIRONMENTAL. (a) Landlord has received no notice of any contamination or hazardous conditions on the Premises resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property. (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (“Claims”), to the extent arising from that party’s breach of its obligations or representations under Section 11(a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from contamination caused by the intentional acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. (c) The indemnifications of this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous substances on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or other third party, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord. 12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access (“Access”) to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such Access at no additional cost to Tenant. Upon Tenant’s request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property; upon Tenant’s request, Landlord shall execute additional letters during the Term. Landlord acknowledges that in the event Tenant cannot obtain Access to the Premises, Tenant shall incur significant damage. If Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty,
28 Land Lease
Version 5 30 2012
$500.00 per day in consideration of Tenant’s damages until Landlord cures such default. Landlord and Tenant agree that Tenant’s damages in the event of a denial of Access are difficult, if not impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. All portions of the Communication Facility shall be removed by Tenant at Tenant’s cost within one hundred twenty (120) days after the later of the end of the Term and cessation of Tenant’s operations at the Premises. Tenant will repair any damage to the Property resulting from Tenant’s removal activities. 14. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit.
(b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within forty-five (45) days of receipt of the usage data and required forms. As noted in Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
(c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or the service company’s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such
29 Land Lease
Version 5 30 2012
efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord’s failure to provide Access to the Premises as required by Section 12 of this Agreement within twenty-four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Landlord's failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five (45) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity. 16. ASSIGNMENT/SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part, without Landlord’s consent. Upon notification to Landlord of such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment. 17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Tenant: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration Re: Cell Site # AR2461; Cell Site Name: Mission & Crossover, AR Fixed Asset No.: 11563045 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a copy to New Cingular Wireless PCS, LLC
Attn: AT&T Legal Department Re: Cell Site #: AR2461; Cell Site Name: Mission & Crossover, AR Fixed Asset No: 11563045 By US Mail: PO Box 97061 Redmond, WA 98073-9761
By Courier: 16331 NE 72nd Way Redmond, WA 98052-7827
30 Land Lease
Version 5 30 2012
The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. If to Landlord: Fayetteville, School District No. 1 P.O. Box 849 Fayetteville, AR 72702-0849 Attn.: Superintendent Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other as provided herein. 18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant’s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within forty-eight (48) hours of the casualty or other harm. If any part of the Communication Facility or Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant’s sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of the Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant, and Tenant decides not to terminate under this Section, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property. 20. WAIVER OF LANDLORD’S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant’s right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent.
21. TAXES.
(a) Landlord shall be responsible for timely payment of all taxes and assessments levied upon the lands, improvements and other property of Landlord, including any such taxes that may be calculated by the taxing authority using any method, including the income method. Tenant shall be responsible for any taxes and
31 Land Lease
Version 5 30 2012
assessments attributable to and levied upon Tenant’s leasehold improvements on the Premises if and as set forth in this Section 21. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord.
(b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant’s leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Tenant within such time period, Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant’s leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty (30) days after Landlord’s payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonably requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord.
(c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Tenant may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant’s action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of Tenant’s intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless required by applicable law.
(d) Landlord shall not split or cause the tax parcel on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Tenant.
(e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21(e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15(b), provided that Tenant may not exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15(b).
(f) Any tax-related notices shall be sent to Tenant in the manner set forth in Section 17 and, in addition, a copy of any such notices shall be sent to the following address. Promptly after the Effective Date of this Agreement, Landlord shall provide the following address to the taxing authority for the authority’s use in the event the authority needs to communicate with Tenant. In the event that Tenant’s tax addresses changes by notice to Landlord, Landlord shall be required to provide Tenant’s new tax address to the taxing authority or authorities. New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration -- Taxes Re: Cell Site #: AR2461; Cell Site Name: Mission & Crossover, AR Fixed Asset No: 11563045
32 Land Lease
Version 5 30 2012
5405 Windward Parkway Alpharetta, GA 30004
(g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party.
22. SALE OF PROPERTY (a) Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the
Surrounding Property except as provided below. (b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide
or otherwise transfer all or any part of the Premises, or all or any part of the Property or Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the documents listed below in this subsection (b) to Tenant. Until Tenant receives all such documents, Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement. i. Old deed to Property ii. New deed to Property iii. Bill of Sale or Transfer iv. Copy of current Tax Bill v. New IRS Form W-9 vi. Completed and Signed AT&T Payment Direction Form vii. Full contact information for new Landlord including phone number(s)
(c) Landlord agrees not to sell, lease or use any areas of the Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant’s Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord or Landlord’s prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communications facility or equipment.
(d) The provisions of this Section shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations. 23. RENTAL STREAM OFFER. If at any time after the date of this Agreement, Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of Rent payments associated with this Agreement (“Rental Stream Offer”), Landlord shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within twenty (20) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the twenty (20) day period, Landlord may assign the right to receive Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Agreement. If Landlord attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Landlord complies with this Section. 24. MISCELLANEOUS.
33 Land Lease
Version 5 30 2012
(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter.
(b) Memorandum/Short Form Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum or Short Form of Lease substantially in the form attached as Exhibit 24b. Either party may record this Memorandum or Short Form of Lease at any time during the Term, in its absolute discretion. Thereafter during the Term of this Agreement, either party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease. (c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability.
(d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations (“Laws”) applicable to Tenant’s use of the Communication Facility on the Property. Landlord agrees to comply with all Laws relating to Landlord’s ownership and use of the Property and any improvements on the Property. (e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates. (g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. (h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in this Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired. (i) Affiliates. All references to “Tenant” shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. “Affiliate” means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise.
34 Land Lease
Version 5 30 2012
(j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. (k) W-9. As a condition precedent to payment, Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant, including, any change in Landlord’s name or address.
(l) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart.
[SIGNATURES APPEAR ON NEXT PAGE]
35 Land Lease
Version 5 30 2012
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below.
"LANDLORD" Fayetteville School District No. 1 By: Print Name: ______________________ Its: _____________________________
"TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Tim Matthews Its: Area Manager-Real Estate/Construction AROK Date:
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
36 Land Lease
Version 5 30 2012
TENANT ACKNOWLEDGMENT
STATE OF ) ) ss: COUNTY OF )
On the _____ day of ___________________, 20___, before me personally appeared ___________________, and acknowledged under oath that he/she is the _____________________ of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant.
Notary Public:
My Commission Expires:
LANDLORD ACKNOWLEDGMENT
STATE OF ARKANSAS ) ) ss: COUNTY OF WASHINGTON ) On the _____ day of ____________, 2013 before me, personally appeared __________, who acknowledged under oath, that he is the officer named in the within instrument, and that he executed the same in his/her stated capacity as the voluntary act and deed of the Landlord for the purposes therein contained.
Notary Public:
My Commission Expires:
Land Lease
Version 5 30 2012
EXHIBIT 1
DESCRIPTION OF PROPERTY
Page 1 of 2
to the Option and Lease Agreement dated ________________, 2013, by and between Fayetteville School District No. 1, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Premises is legally described as a seventy five (75) foot by seventy five (75) foot portion of the following described Property: Lands lying In Washington County in Arkansas described as follows:
2 Land Lease
Version 5 30 2012
EXHIBIT 1
DESCRIPTION OF PREMISES
Page 2 of 2
to the Option and Lease Agreement dated ________________, 2013, by and between Fayetteville School District No. 1, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Property is legally described as follows: A seventy five (75) foot by seventy five (75) foot portion of section 1, Township 16 North, Range 30 West in Washington County Arkansas together with easements for ingress, egress and utilities. The Premises are described and/or depicted as follows:
Notes: 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE
RECEIVED BY TENANT. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE
APPLICABLE GOVERNMENTAL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING
POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE
ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.
Land Lease
Version 5 30 2012
EXHIBIT 24b
MEMORANDUM OF LEASE
[FOLLOWS ON NEXT PAGE]
Land Lease
Version 5 30 2012
MEMORANDUM OF LEASE
Prepared by: SiteExcell LLC 33300 Kanis Road Paron AR 72122 Return to: SiteExcell LLC 33300 Kanis Road Paron AR 72122 Re: Cell Site #AR2461 ; Cell Site Name: Mission & Crossover, AR Fixed Asset # 11563045
State: Arkansas County: Washington
MEMORANDUM
OF LEASE
This Memorandum of Lease is entered into on this ____ day of ______________, 2013, by and between Fayetteville School District No. 1, a _______________, having a mailing address of ________________________________________________________ (hereinafter referred to as “Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (hereinafter referred to as “Tenant”).
1. Landlord and Tenant entered into a certain Option and Lease Agreement (“Agreement”) on the _____ day of ________________, 2013, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement.
2. The initial lease term will be five (5) years commencing on the effective date of written notification
by Tenant to Landlord of Tenant’s exercise of its option, with four (4) successive five (5) year options to renew.
3. The portion of the land being leased to Tenant and associated easements are described in Exhibit 1
annexed hereto.
2 Land Lease
Version 5 30 2012
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written.
"LANDLORD" Fayetteville School District No. 1 By: Print Name: ______________________ Its: _____________________________
"TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Tim Matthews Its: Area Manager-Real Estate/Construction AROK Date:
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
3 Land Lease
Version 5 30 2012
TENANT ACKNOWLEDGMENT
STATE OF ) ) ss: COUNTY OF )
On the _____ day of ___________________, 20__, before me personally appeared ___________________, and acknowledged under oath that he/she is the _____________________ of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant.
Notary Public:
My Commission Expires:
LANDLORD ACKNOWLEDGMENT
STATE OF ARKANSAS ) ) ss: COUNTY OF WASHINGTON ) On the _____ day of ____________, 2013 before me, personally appeared __________, who acknowledged under oath, that he is the officer named in the within instrument, and that he executed the same in his/her stated capacity as the voluntary act and deed of the Landlord for the purposes therein contained.
Notary Public:
My Commission Expires:
4 Land Lease
Version 5 30 2012
EXHIBIT 1
DESCRIPTION OF PROPERTY
Page 1 of 2
to the Option and Lease Agreement dated ________________, 2013, by and between Teddy Justin Qualls, an unmarried individual, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Premises is legally described as a seventy five (75) foot by seventy five (75) foot portion of the following described Property: Lands lying In Washington County in Arkansas described as follows:
5 Land Lease
Version 5 30 2012
EXHIBIT 1
DESCRIPTION OF PREMISES
Page 2 of 2
to the Option and Lease Agreement dated ________________, 2013, by and between Teddy Justin Qualls, an unmarried individual, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Property is legally described as follows: A seventy five (75) foot by seventy five (75) foot portion of section 1, Township 16 North, Range 30 West in Washington County Arkansas together with easements for ingress, egress and utilities. The Premises are described and/or depicted as follows:
Notes: 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE
RECEIVED BY TENANT. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE
APPLICABLE GOVERNMENTAL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING
POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE
ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.
6 Land Lease
Version 5 30 2012
W-9 FORM
[FOLLOWS ON NEXT PAGE]
7 Land Lease
Version 5 30 2012
~ ...... FPS -rl?e Pne art of' edue-at:on.
Form W-9 Request for Taxpayer G ive Form to the requester. Do no t (Rev. December 2011) Identification Number and Certification Department of the Treasury send to the IRS.
Internal Revenue Service
Name (as shown on your income tax return)
C\i Business name/disregarded entity name, if different from above
Q)
"' co a. Check appropriate box for federal tax classification: c 0 D lndividuaVsole proprietor D C Corporation D S Corporation D Partnership D Trust/estate "' Q) c
c.o >- ·- D Exempt payee -- D Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) .,. ~ 0 0 2 ---------- ---------- -- ----------CCii ·~ -= D Other (see instructions) .,. Q..g
Address (number, street, and apt. or suite no.) Requester's name and address (optional) 'ij Q) c. en
City, state, and ZIP code Q) Q) en
List account number(s) here (optional)
.:F-1 ;•• T a x pay er Identificat ion Num b er (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number I to avo1d backup w1thholdmg. For 1nd1v1duals, th1s IS your soc1al secunty number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EJN). If you do not have a number, see How to get a TIN on page 3 .
ITIJ -ITJ -I I I I I Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter.
I Em player identification number rn -11 1 1 1 1 11 1@111 Certi f icatio n
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withhold ing because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4.
Sign I Signature of H e r e . U.S. person.,. Date .,.
General Inst ruct ions Section references are to the Internal Revenue Code unless otherwise noted .
Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withhold ing if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association c reated or organized in the United States or under the Jaws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701· 7).
Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income.
Cat. No. 10231X Form W-9 (Rev. 12-2011)
8 Land Lease
Version 5 30 2012
October 24, 2013
Revised Facility Rental Fees
TO: Board of Education FROM: Ginny Wiseman Barry Gebhart, Warren Rosenaur and I will present revisions and additions to Policy 3.10 (Public Use of School Buildings). These revisions will include information regarding fees for schools, athletic facilities and the FHS performing arts center.
VIII-G1
9 Land Lease
Version 5 30 2012
Policy 3.10 Public Use of School Buildings
It is the policy of the Board that District school buildings may be used by citizens of the district to conduct lawful meetings provided such meetings do not interfere with the regular school work. The Superintendent shall be responsible, with Board approval, for establishing procedures governing such use of school buildings. The governing procedures shall be viewpoint neutral. Building principals shall be consulted to determine if there exists any conflict with planned school activities prior to other groups being allowed to use school facilities.
The District shall establish a fee schedule for the use of school facilities. Charges made for the use of school facilities shall reflect the actual costs (e.g. labor, utility, and materials) incurred by the District.
Organizations using school facilities assume full and complete responsibility for the conduct of all persons, regardless of age, associated with their use of the facility while they are in or about the facility. Smoking or the use of tobacco or products containing tobacco in any form or the use of drugs or intoxicants is prohibited. Firearms or weapons (as defined in A.C.A. & 5-73-20) of any kind are not allowed on school property unless the person carrying the firearm is permitted to do so by law as defined in A.C.A. § 5-73-120.*
Community Use of School Facilities The public school facilities exist in order that the youth of the community may receive the benefits of a sound education program. Although this is the basic purpose for which the schools are built, school facilities may serve the community at large. Therefore, it is the policy of the Board of Education to make the district buildings and facilities available to the community when not in use for other school activities. Usage of school buildings will be restricted to individuals or groups whose activities benefit the residents of the Fayetteville School District. The district will not extend use of a facility to any organization or group whose policies advocate the advancement of any doctrine or theory subversive to the laws of the United States of America or the State of Arkansas. The district also reserves the right to refuse the use of facilities to any group whose usage might be detrimental to the facilities or create a disturbance. Users must comply with all the federal and state equal opportunity regulations regarding discrimination: gender, ethnicity, disability, religious or political affiliation. Approval of use of a facility by an organization for non‐school purposes will not constitute endorsement by the district of that organization or its beliefs and purposes. The user shall be responsible for the conduct and control of participants and shall ensure that all applicable fire and safety regulations are followed. The maximum number of participants permitted in any facility shall be restricted to its seating capacity as indicated by fire regulations. Use or possession of tobacco, alcohol or illegal drugs anywhere on school property is strictly prohibited. Use or possession of firearms or other weapons, as well as gambling are also prohibited. Failure to comply will result in an immediate request to leave the facility and grounds will void any future rentals.
11 Land Lease
Version 5 30 2012
Community Use of School Facilities
Terms and Conditions Hold Harmless The organization agrees to assume all liability for injury or damage to individuals or property and to indemnify and hold harmless the Fayetteville Public School Board and employees of the Board from any expenses, losses or damage. The user further agrees to make full restitution for any and all damages incurred during the use of the facility. Liability Insurance Required of For‐Profit organizations. Supervision Proper security and supervision of children must be maintained at all times. One adult per 30 participants is required at all times. One person shall be designated as being in charge of and responsible for the event. This person will be directly responsible to the administrator of the school in which the event is scheduled, and will also be accountable for fulfillment of the terms in the Facilities Rental Agreement. Additional requirements for large events are found in the Rental Fee Schedule. Return Condition All buildings and facilities will be returned to a suitable condition under the supervision of a Fayetteville Public Schools employee. Users will ensure that all facilities are reasonably clean and free from litter at the end of the period of usage. It will be the responsibility of the applicant to see that all persons have vacated the school buildings and grounds promptly at the time specified on the Agreement and that the building is securely closed. Custodial charges are found in the Rental Fee Schedule. Transfer The Facility Rental Agreement is not transferable to any other person or group (subleasing is not permitted) and rental is restricted to the conditions agreed to therein. Agreement of Time The hours listed will include both entry and exit time for the facility, rehearsal, set‐up or practice time needed prior to scheduled event. Groups must adhere to the hours stated in the agreement. All rental and custodial fees will be assessed on a four (4) hour minimum. Events greater than four hours require approval. Specified Area Use Users must confine their activities to those facilities for which a rental request was approved. The only allowable facilities to be used other than those specified on the rental agreement are the restrooms and drinking fountains in the nearest proximity.
Community Use of School Facilities
12 Land Lease
Version 5 30 2012
Authority Athletic Facilities: The Athletic Director and the Principal of the school will be the approving authority for use of the school facilities. After necessary approval has been granted by the AD and school Principal, the user will submit all signed documents to the Athletic Director where final approval will be granted. Final confirmation of approved facility rental will be sent to the applicant. Building Facilities: The Principal of the school will be the approving authority for use of the school facilities. After necessary approval has been granted by the school Principal, the user will submit all signed documents to the Associate Superintendent of Administrative Services where final approval will be granted or denied. The use of kitchen facilities must be approved and coordinated with the Child Nutrition Director. Final confirmation of approved facility rental will be sent to the applicant. Fees Users will be assessed appropriate fees to use a district facility, as determined by their priority grouping. These fees may include, but are not limited to facility fees, utility fees, off‐duty staff fees, custodial fees, operation of equipment, continuous long‐term rentals, and other additional equipment or maintenance fees. Applicable fees must be submitted to the Athletic Directors Office for athletic facilities or Associate Superintendent of Administrative Services office within five (5) working days of receiving invoice. Concession Agreement No food or drink will be sold during the use of facility without prior written approval. All concession sales must strictly adhere to any district contract agreements with food and drink vendors. Fields/Weather Conditions Athletic fields may be available for community use pending approval from the Athletic Director. This use is subject to cancellation or rescheduling due to weather conditions, field conditions, or maintenance operations. Fields too wet to play on will be closed at the discretion of the Athletic Director. Equipment & Technology Building rental does not include the use of technology or audio‐visual equipment. This equipment is not to be used unless prior approval has been granted. Requests for additional equipment must be made at time of application. Long‐term Usage Agreements Long‐term or repeated use of Fayetteville Public Schools facilities must be arranged and coordinated with the Athletic Director for athletic facilities and the Associate Superintendent for Administrative Services on a case‐by‐case basis. Appropriate fees will be agreed upon by the School Board and the user. Any exceptions to these guidelines may be made only through a review committee consisting of the Associate Superintendent of Administrative Services, the Athletic Director, and the Principal of the building in question. The Fayetteville Schools reserves the right to refuse or to cancel any and all agreements issued for the use of a school building or its facilities when it is deemed that such action is necessary for the best interests of the district.
Community Use of School Facilities
Representative Presence of a school staff member may be required when a school facility is in use. Groups IB, II, III, & IV may be assessed a fee to cover off‐duty personnel. Said staff member shall be the authority for the Fayetteville School District.
13 Land Lease
Version 5 30 2012
Agreement Applications for use of a Fayetteville Schools facility shall be made on the district’s Facility Rental Agreement form at least 14 days in advance of event. Prior to use of a facility, a Rental Agreement must be completed and approved by the designated authorities responsible for the facility requested. The rental agreement shall be made on either a single‐event or a month to month basis with termination by either party upon 7 days notice. Cancellations or Changes Any agreement may be cancelled by the school district in favor of school activities. Reasonable effort will be made to offer alternative spaces and to give timely notification in the event of unavoidable circumstances requiring this privilege be used. Any changes to the agreed upon time and school location must be negotiated a minimum of two working days before the scheduled event. Both parties must sign agreement of the changes on the Rental Agreement form. If the need arises to cancel the scheduled event, the district will be notified as soon as possible. Refunds will only be made when cancellations are requested by the user at least 48 hours in advance. If the district finds it necessary to cancel the scheduled event, due to weather conditions or emergencies, all fees shall be returned in full to the group. Group Priority Categories School facilities will be made available for community use as long as there is no conflict with official school schedules according to the following priority and rental rate groupings: Group I: School‐related groups ‐ organized for the expressed purpose of supporting authorized district
programs and sponsored activities (PTA/PTO, booster organizations, wellness programs, committee meetings, school activities, sports events, dances, carnivals, concerts, etc.)
Group IB: Character‐building, recreational and educational groups of FPS or employees school‐aged children (Scouts, recreation associations, 4‐H, Boys & Girls Club, etc.)
Group II: Organized community non‐profit groups (Service and civic clubs, charitable organizations, political parties, homeowner’s associations,
community arts groups, community concerts, ballet and music recitals) Group III: Community social groups (Square dancers, bridge clubs, wedding receptions, family reunions, etc.) Group IV: For‐Profit groups/organizations
Elementary Cafeteria NC 50 100 100 150 200 300 500 Classroom NC 50 100 200 300 Gym NC 100 150 200 500 (Wood floor) Gym NC 50 100 150 500 (Rubber floor) (BT, RT, HH) Wood Gym Floors (Lev, Wash, OC, Asb, Hol, Van) Rubber Gym Floors ABOVE IS FOR FACILITY USE ONLY. THERE IS AN ADDITIONAL FEE FOR CUSTODIAL SERVICES WHEN OUTSIDE OF NORMAL CUSTODIAL HOURS. Events requiring more than five (5) hours building access will be charged an additional 20% of the Category fee, per hour or any portion thereof. All kitchen use will be approved and coordinated with the Food Service Director. When kitchen is used, there will be an additional fee for cafeteria staff and equipment. Rental of facility does not include the use of any equipment. FEES LEVIED FOR FACITLITY USE ARE TO COVER UTILITY, PAPER PRODUCTS, AND CLEAN UP COSTS. Fayetteville School District #1 Revised 07/27/06 Revised 10-11/12 Revised 11-19-13
Fayetteville Schools Athletic Facilities
15 Land Lease
Version 5 30 2012
Rental Fees (Per Event) Facility Deposit Group I Group II Group III Group IV High School School Related
Groups Organized Non-Profit
Community Social Groups
For Profit Groups
Arena N/A $400 NC N/A $800 N/A $1,000 N/A $2,000 Small Aux Gym $100 $200 NC $200 $300 $350 $750 $600 $1,200 Large Aux Gym $200 $300 NC $300 $400 $500 $850 $1,000 $1,600 Wrestling Gym N/A $250 NC N/A $500 N/A $750 N/A $1,000 Dance Studio N/A $250 NC N/A $500 N/A $750 N/A $1,000 Concession $100 $200 NC $200 $400 $300 $600 $500 $1,000 Football Field $250 $500 NC $400 $800 $1000 $2,000 $2500 $5,000 Concession $150 $150 NC $200 $300 $500 Harmon Track $100 NC $200 $300 $500 Bulldog Track N/A $300 NC N/A $600 N/A $1,000 N/A $1,500 Softball #1 N/A $200 NC N/A $500 N/A $750 N/A $1,000 Softball #2 N/A $100 NC N/A $200 N/A $400 N/A $600 Tennis ? $300 NC ? $500 ? $750 ? $1,000 Baseball $150 $350 NC $300 $600 $500 $1,000 $1000 $2,000 Fahring Center N/A $150 NC $300 $500 $1,000 BARC N/A $400 NC N/A $600 N/A $1,000 N/A $2,000 Junior High Main Gym $150 NC $200 $350 $750 Aux Gym $100 NC $100 $200 $500 Concession $150 NC $100 $200 $500 Football Field $200 NC $250 $500 $750 Dressing Room facilities are not part of rental agreement. Facility rental is a four hour minimum with additional hours charged at an hourly rate with any portion of an hour being charged at full hourly rate. In addition to facility fees, personnel costs are charged on an hourly with a four hour minimum. Public address system, scoreboard, and other sound equipment are not included in rental fee but can be arranged for additional fees. Only approved representatives of the Fayetteville Athletic Department are permitted to operate these devices. Presence of an approved representative of the Fayetteville Athletic Department may be required at an additional fee to the renter. Rental of Football field, Baseball field, or Track does not include the use of lights. These items are billed on an hourly basis in additional to rental cost. Events requiring more than four hours requires pre‐approval from the Athletic Director.
Community Use of School Facilities
16 Land Lease
Version 5 30 2012
Facility Rental Agreement Facilities are available for community use on a rental basis by non‐school organizations. The community use of Fayetteville Public Schools facilities is granted to those organizations provided:
A. That ___________________________________ agrees to assume all liability for injury or damage to individuals or property and to indemnify and hold harmless the Fayetteville Public School Board and employees of the Board from any loss or damage. B. That said user agrees to make full restitution for any and all damages incurred during their use of the facility. C. That user will observe all fire and safety regulations and understand that smoking and the use of alcoholic beverages or illegal drugs on school grounds are strictly prohibited. D. That the use of the facility does not interfere with the operation of the facility for school purposes. F. That the request for use has been approved by the proper authorities. F. That user will provide proof of a minimum of $100,000 liability insurance. G. That ________________________________ is the person designated as being in charge of and responsible for the event. In addition, one adult per 30 participants is required at all times. H. That the facility will be returned to a suitable condition under the supervision of a Fayetteville Public Schools employee. I. That the rental time as stated in the agreement is strictly adhered to. J. That all applicable rental fees, custodial fees, kitchen and equipment fees are paid in a timely manner. K. That all guidelines, as stated in the Terms and Conditions, are strictly followed.
The Fayetteville Public Schools reserves the right to refuse or to cancel any and all agreements issued for the use of a school building or its facilities when it is deemed that such action is necessary for the best interests of the district. Use of Fayetteville Schools facilities requires acceptance of the following conditions as stated above. Failure to comply may result in the cancellation of any existing rental agreements and denial of future rental requests. I have read and agree to abide by the above conditions: ______________________________________________ __________________ Signature of Authorized Representative Date ____________________________________________________________ Name of Organization ______________________________________________ __________________ Signature of Approval Date
FAYETTEVILLE PUBLIC SCHOOLS BUILDING RENTAL AGREEMENT
Facility Requested: _______________________________ School: __________________________________ Organization: __________________________________ Date of Rental: ___________________________
17 Land Lease
Version 5 30 2012
Person Responsible:______________________________ Time: __________ To ____________ (Includes setup, tear down, & cleanup) Address: _____________________________________ Number of People Expected: ________________ _____________________________________ Are the participants FPS employees/children? Phone: _____________________________________ Yes ___________ No ___________ Fax: _____________________________________ Email: _____________________________________ If a fee is charged, indicate amount below. Fee: ______________ Purpose/Activity _____________________________________________________________________ Kitchen Use Yes _________ No __________ $ _____________ All kitchen use will be approved and coordinated with the Food Service Director. When kitchen is used, there will be an additional fee for cafeteria staff and equipment. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐This Section for School Use Only‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
**NOTE: BUILDING PRINCIPAL APPROVES THE DATE OF USE. ASSOCIATE SUPERINTENDENT APPROVES THE USE OF THE FACILITY. YES______ NO______ __________________________________ ________________________ Principal Signature Date YES______ NO______ __________________________________ ________________________ Associate Superintendent Signature Date Staff Person Assigned: __________________________________ Food Service Notified: __________________________________ ________________________ Date Total Fees Assessed: __________________________________ Amount Paid: __________________________________ ________________________ Date Check Number: ________________Receipt Number:_______________ RETURN FAX TO: Ginny Wiseman@ 479-973-4004 for Building Rental
FAYETTEVILLE ATHLETIC DEPARTMENT FACILITY RESERVATION FORM
Facility Requested: _____________________________________________________________________________ Name and Nature of Event: _______________________________________________________________________ Estimated Attendance: ___________ Sponsoring or Requesting Organization: ____________________________________________________________
(Approved staff is required to operate scoreboard, sound, and public address equipment at an additional fee. Contact Barry Gebhart @ 973.8608.)
Set‐Up Needs: _________________________________________________________________________________ (Contact Barry Gebhart @ 973.8608 for special needs.)
Fee Structure: Facility Rental Charge:___________________________________________________________________ Facility Deposit: _______________________________________________________________________ Clean up deposit (to be refunded if cleanup is done immediately following event by event requestor): ___________ 100.00____
Additional Charge for Athletic Department Personnel:_________________________________ (Operation of equipment or if event requires school personnel to be on premises other than regular hours, user will be charged staff time.)
Additional Charge for Maintenance: ________________________________________________________ (Utility and cleanup cost.) Authorization to Waive Rental Charge:______________________________________________________ Will User Be Required to Provide Liability Insurance: Yes _________________ No _________________ ________________________________________ ___________________________________ Person Submitting Request Authority Approving Usage __________________________________________________ ________________________________________________________ Email Title Phone __________________________________________________ ________________________________________________________ Home/Cell Phone Business Phone Date of Approval ___________________________________________________ _______________________________________________________ Signature of Requestor Date Signature of Facility Coordinator Date to Calendar
OFFICE USE ONLY: ___________________________________________________ _______________________________________________________ Principal Signature Date Athletic Director Signature Date ___________________________________________________ _______________________________________________________ Maintenance Director Signature Date Facility Coordinator or Head Coach Signature Date
RETURN FAX TO: Barry Gebhart @ 479.973.8618 for Athletic Rental
19 Land Lease
Version 5 30 2012
GUIDELINES
RENTAL AND USE
PERFORMING ARTS FACILITIES
FAYETTEVILLE HIGH
SCHOOL
Adopted: November 19, 2013
20 Land Lease
Version 5 30 2012
TABLE OF CONTENTS
Section I. Building Hours and Scheduling 4
A. Scheduling 4 B. Lease/Agreement 4 C. Lease/Agreement (Legal) 4 D. Space Available 4 E. Seating 4 F. Schedule of Charges 5 G. Rental Fee Payment 5
Section II. Technical Facilities and Equipment Available 5
A. Additional Equipment 5 B. Technical Information 5 C. Stage and Curtains 5
Section III. Supplementary Personnel 5
A. Personnel 5 B. Security 6 C. Technicians and Stage Crew 6 D. Custodians 6
Section IV. Ancillary 6
A. Opening Hours 6 B. Sales of Memorabilia (souvenirs, CD’s/tapes/Videos, tee-shirts, etc…) 6
Section V. Promotion 7
A. Signs and Posters 7 Section VI. General Policies 7
A. Broadcasting, Video, and Sound Recording 7 B. Copyright Laws 7 C. Flammable Materials 7 D. House Seats 7 E. Lost Articles 8 F. Objectionable Persons 8
21 Land Lease
Version 5 30 2012
G. Parking 8 H. Refusal to Rent 8 I. Seating Capacity 8 J. Smoking and Tobacco Products 8 K. Utility Connections 9 L. Articles Left after Performances 9 M. Materials 9 N. Cancellation 9 O. Food and Drink 9 P. Future Rentals 9 Q. Performance 9 R. Assumption of Risk 10
Fee Schedule 11 Technical and Support Staff Fees 12
22 Land Lease
Version 5 30 2012
SECTION I. BUILDING HOURS AND SCHEDULING
A. Scheduling
The Fayetteville Senior High School Performing Arts Center Office of the Director will maintain a one-year running calendar of activities and will accept tentative event dates within that one-year period.
The Fayetteville Board of Education will make school facilities available for use by responsible community organizations when such usage does not interfere with the regular school program or any school activity, and provided that expenses incurred in the use of these facilities are borne by the sponsoring organization. The Fayetteville High School Performing Arts Center facilities are scheduled according to the following priority of programs: 1. Fayetteville High School Program 2. Fayetteville Public Schools District Programs 3. Community Arts Programs 4. Other Non-Arts Programs
Any person or entity renting the facilities of Fayetteville School District agree that the performances, functions or activities shall be open to the public on the same or similar basis as those persons attending any such function. In furtherance of this policy, the person or entity renting the facilities of the Fayetteville School District must certify in writing that they understand and agree to follow this stated policy.
B. Lease/Agreement
At whatever time a potential Lessee informs the office of the Performing Arts Center Director that a date is firm, a lease/agreement will be sent from the Performing Arts Center’s office to the Lessee for signature. This lease/agreement must be returned to the Fayetteville Performing Arts Center Director with a deposit as indicated in the contract. This lease/agreement is not binding until approved by the Fayetteville Public School administration.
C. Lease/Agreement (Legal)
All activities conducted in district facilities shall be open to all persons without regard to race, color, religion, national origin, or sex.
D. Space Available
The Fayetteville Senior High School Performing Arts Center has a 843 seat main auditorium, 100-seat Black Box Theater, scene shop, dressing rooms, orchestra pit, control room, and a fully equipped stage house.
E. Seating
The PAC main theatre seats 843 persons. The lower level of the auditorium seats 326 and the upper stadium seating 517. The studio theatre seats 100. The Lessee shall not sell tickets in excess of the PAC seating capacity F. Schedule of Charges
A current schedule of charges for space, equipment, and personnel services is available upon request from the Fayetteville Senior High School Performing Arts Center Office or the Fayetteville Public Schools Administration’s Business Office.
23 Land Lease
Version 5 30 2012
G. Rental Fee Payment All rental charges are to be paid by check or money order in full to the Performing Arts Center Director or designee immediately after that night’s performance. Payments for all supplementary personnel costs will be made to the Performing Arts Center Director or designee at the end of each night’s performance. All transactions are to be made through the Performing Arts Center Director or designee. A deposit of 50% of estimated space usage is due with contract within two weeks of the date of contract issued with the remainder due (thirty) 30 days prior to occupancy. Deposit is non-refundable and will be applied to the Lessee’s final settlement. Lessee will provide proof of a minimum of $100, 000 liability insurance.
SECTION II. TECHNICAL FACILITIES AND EQUIPMENT AVAILABLE A. Additional Equipment
Any equipment, which is requested by the user that is not included in lease/agreement, will have to be rented and paid by the Lessee. A list of equipment and cost is available.
B. Technical Information Sheet
A technical information sheet will be sent to the Lessee along with the lease/agreement form. This information sheet along with full and detailed information of any other stage requirements, lobby and chair set-up, and any other information that may be required by the Performing Arts Center Director should be returned to the director as soon as it is complete, but no later than ten working days prior to the event. When filling out the Technical Information Sheet, be as complete as possible.
C. Stage and Curtains
Pinning to the curtains or use of nails and screws in the school-owned set pieces, equipment, or the stage will not be permitted. Any necessary nailing to the stage will take place under the supervision of the Performing Arts Center Director.
SECTION III. SUPPLEMENTARY PERSONNEL A. Personnel
The number of personnel needed for each event will be determined by the Performing Arts Center Director. Any personnel used by the Lessee shall be considered Lessee’s employees and must be approved by the Performing Arts Center Director. Payment by Lessee for all supplementary personnel costs will be made to the Performing Arts Center Director or designee at the end of each night’s performance. All transactions are to be made through the Performing Arts Center Director or designee.
B. Security
There must be a security person on duty at all events. Building security shall be under the control of the Fayetteville Senior High School Performing Arts Center Director and the Lessee will employ and will pay for all security that is deemed necessary for the proper conduct of the event and for crowd and traffic control. The presence of security does not diminish the Lessee’s responsibility to pay for damages to the facility or equipment. Security personnel are required to arrive at least one hour before scheduled events and to remain until the area is cleared.
C. Technicians and Stage Crews
24 Land Lease
Version 5 30 2012
All events scheduled to take place in the Performing Arts Center will utilize the services of trained stage crews and technicians selected by the Fayetteville Senior High School Performing Arts Center Director or designee. All supplementary personnel costs will be made paid by the Lessee to the Performing Arts Center Director or designee. All transactions are to be made through the Performing Arts Center Director or designee.
D. Custodians
The building maintenance supervisor and the Performing Arts Center Director will determine the number of hours and personnel necessary to perform adequate custodial duties surrounding a scheduled event. The Lessee shall be responsible for paying for all labor by each custodian who is employed by the Lessee and approved by the Performing Arts Center Director
SECTION IV. ANCILLARY A. Opening Hours
The Performing Arts Center will open the lobby area 60 minutes in advance of the start of the event as specified in the Lease Contract. At that time technical preparations, rehearsals, etc. will have been completed. Patrons will be permitted to be seated at least 30 minutes in advance of the starting time.
B. Sales of Memorabilia (souvenirs, CD’s/tapes, tee-shirts, etc.)
A Lessee may obtain permission to sell items on the premises. The Lessee agrees to pay a commission of 10% of gross revenues to the Fayetteville Performing Arts Center in return for such permission. No food, drink, or the use of tobacco products will be allowed anywhere or at anytime within the Performing Arts Center complex. Failure to comply will result in an additional cleaning fee. SECTION V. PROMOTION Signs and Posters
The Lessee will use, post or exhibit only signs, advertisements, show bills, lithographs, posters, or cards upon billboards, which relate to the performance or exhibition to be given on the premises under this permit and which meet the approval of the Performing Arts Center Director. Location and method of placement will be under the supervision of the Performing Arts Center Director.
SECTION VI. GENERAL POLICIES A. Broadcasting, Video, and Sound Recording
The use of photographic equipment, video, or sound recording devices will be prohibited during a performance. If the user wishes to allow the above during a performance, he/she must notify the Performing Arts Center Director and procure a signed statement relinquishing responsibility for copyright infringements.
25 Land Lease
Version 5 30 2012
B. Copyright Laws
If royalties or rental fees are necessary, the Lessee will be responsible for paying these charges. The Lessee agrees to assume full responsibility for complying with the Federal Copyright Law of 1978 (17 U.S.C. 101 et seq) and any Regulations issued there under, including but not limited to the assumption of any and all responsibilities for paying royalties which are due for the use of copyrighted works in Lessee’s performances or exhibitions to the copyright owner, or representative of said copyright owner. The Lessee will fully indemnify, defend, and hold harmless, the Fayetteville Public Schools, all of its agents and employees for any claims or damages whatsoever and costs including Leaser’s attorney’s fee growing out of Lessee’s infringement or violation of said Copyright law and/or Regulations.
C. Flammable Materials
No open flames of any kind will be permitted anywhere in the Performing Arts Center at any time.
D. House Seats
The management of the Performing Arts Center reserves the right to request, for its exclusive use, any number of seats necessary for each performance. This number will be negotiable and determined by the management of the Performing Arts Center and the Lessee at the time of signing the lease agreement. These tickets will be delivered to the Performing Arts Center Director’s office eight (8) days prior to the event and these seats will be used at the sole discretion of the management and will not be sold under any circumstances.
E. Lost Articles The Performing Arts Center Director or representative shall collect and have custody of articles left in the building by persons attending any performance, exhibition, or entertainment present in the building. Management will make every effort to reunite article with its owner if contacted by owner of said object lost.
F. Objectionable Persons
The Performing Arts Center Director reserves the right to ask anyone to leave who is making it difficult or impossible for other persons to enjoy the performance. The objectionable person(s) include but are not limited to disruptive behavior, violation of the building policy, city, state, or federal law. The Lessee, not the Fayetteville Senior High School Performing Arts Center staff or management or School District, will be responsible for any damages sustained by the Performing Arts Center’s actions of dismissing above mentioned person.
G. Parking
Trucks: Trucks carrying equipment to be used by the Lessee may be unloaded and loaded at the loading dock on the east of the Performing Arts Center.
H. Refusal to Rent
The Fayetteville School Board, Superintendent, or the Performing Arts Center Director may refuse to rent the facility for any event, activity, or performance, if said officials determine that the event in question may cause physical damage, liable damage or create unusual risks or conditions for the Fayetteville School District or for any other reason that is deemed appropriate by the Fayetteville School District.
I. Seating Capacity
Lessee shall not sell or permit to be sold or distributed, tickets in excess of the seating capacity, 843 in the main
26 Land Lease
Version 5 30 2012
theatre and 100 in the Black Box theatre. J. Smoking and Tobacco Products
Smoking or the use of any tobacco products in the Fayetteville Senior High School Performing Arts Center is not permitted. Fayetteville Public Schools do not allow tobacco use on any of the its properties. Lessee must enforce this policy otherwise this will be looked upon as a violation to the contract and Lessee may be asked to pay an additional fee and/or the performance could be canceled. K. Utility Connections
The Performing Arts Center staff will make all connections, electrical or otherwise. If 220v hookups are necessary, the Lessee will be required to pay for additional electrician at $25.00/hr.with a three-hour minimum.
L. Articles Left after Performances
All properties not belonging to the school system are to be removed immediately after the last performance. If not removed they will be discarded or become the property of the Fayetteville Performing Arts Center.
M. Materials
The Lessee will provide all materials used for their event. No extension cords, tape, gloves, paint, flashlights, building materials, props, hand tools, power tools, saws, fabric, covers, etc. will be loaned to any group.
N. Cancellation
If a written notice of cancellation is received by, the Fayetteville Performing Arts Center Director’s office at least 30 days prior to the scheduled event, a refund of the deposit shall be made. Events cancelled by the Lessee fewer than 30 days prior to the scheduled event will receive no refund of the deposit. The Fayetteville Public Schools reserves the right to cancel any performance sixty days or more prior to the event if a scheduling conflict arises with a school function or activity. A refund of all deposits will be made.
O. Food and Drink
No food, drinks, or the use of tobacco products will be permitted in any area of the Performing Arts Center. NO EXCEPTIONS WILL BE MADE.
P. Future Rentals
All future rentals with groups will be based on past experiences as to care of the facilities, group compliance to rules, and payment of rental.
Q. Performance
No performance, exhibition or entertainment shall be given or held in the Fayetteville Performing Arts Center which is illegal, indecent, obscene, immoral, or any reason which, in the sole opinion of the Leaser, may create a negative image to the Fayetteville Public Schools, its employees, its students or the educational process, or which would otherwise create public controversy. Lessee shall be responsible for providing the script, video of the presentation or an accurate summary of the program and its contents to the Performing Arts Center Director. For contracts which are signed thirty (30) or more days prior to a scheduled event, lessee must deliver this material to the Performing Arts Center Director within five (5) days of the signing of the contract. For contracts which are signed less than thirty (30) days prior to a scheduled event, Lessee must deliver this material to the Performing Arts Center Director at the time the contract is signed. If the material is deemed inappropriate, Fayetteville Schools
27 Land Lease
Version 5 30 2012
shall notify Lessee within five working days and the deposit will be refunded. In the event Lessee does not supply the necessary materials for review within the required time frame, Fayetteville Schools may, in its sole discretion, cancel the contract and retain the deposit. If a performance deviates from the reviewed materials and is considered inappropriate, Fayetteville Schools shall also have the right to stop that performance, at any time, cancel the contract and retain all deposits and fees. In addition, Lessee shall be required to pay all rental charges and fees up through and including all performances, which were previously specified in the Lease Contract.
R. Assumption of Risk
The Lessee assumes the risk of any loss or damage to its property or the property of any persons or entity authorized by it to be in the Fayetteville Performing Arts Center. The Leaser, and its administrators, agents, and employees shall not be responsible or liable for any loss of or damage to, property while on the premises of the Fayetteville Performing Arts Center including the Performing Arts Center parking lot.
**The Fayetteville Board of Education or the Fayetteville School District’s Administration reserves the right to cancel any agreement that it deems detrimental to the well being of the Fayetteville Public Schools. ***All decisions concerning eligibility for use, interpretation of the rules, or any other questions concerning the use of any school facility, shall be made by the Fayetteville Board of Education or the Fayetteville School District’s Administration and will be final. THE LESSEE WILL BE RESPONSIBLE FOR ENFORCEMENT OF ALL RULES PERTAINING TO THE USE OF THE PERFORMING ARTS CENTER.
FAYETTEVILLE PERFORMING ARTS CENTER FEE SCHEDULE
MAIN THEATRE
COMMERCIAL RATE
First 4 Hours or Less $750.00 + 7% of gross After 4 Hours $ 100.00 per hour Rehearsal $ 40.00/hr. with 1 hr. min. (This fee does not include the rental of additional equipment or fees for Main Theatre personnel)
NON-PROFIT GROUPS (Must be registered with the Internal Revenue Service Form 50lC3) First 4 Hours or Less $500.00 + 7% of gross After 4 Hours $ 75.00 per hour
28 Land Lease
Version 5 30 2012
Rehearsal $ 30/hr. with 1hr. min. (This fee does not include the rental of additional equipment or fees for Auditorium personnel)
BLACK BOX THEATRE
COMMERCIAL RATE First 2 Hours or Less $200.00+ 7% of gross After 2 Hours $ 50.00 per hour Rehearsal $ 16.00 /hr. with 1 hr. min. (This fee does not include the rental of additional equipment or fees for Studio Theatre personnel)
NON-PROFIT GROUPS (Must be registered with the Internal Revenue Service Form 501C3) First 2 Hours or Less $120.00+ 7% of gross After 2 Hours $ 40.00 per hour Rehearsal $ 13.00 /hr. with l hr. min. (This fee does not include the rental of additional equipment or fees for Studio Theatre personnel) A deposit by cashier’s check of $500.00 for the main theatre or $250.00 for the studio theatre will be required to reserve the Performing Arts Center for an event. A refund of the deposit shall be made after the event is completed, after all checks have cleared, and after the facility has been checked for damages.
TECHNICAL AND SUPPORT STAFF FEES
STAFF (Four hour minimum as of August 2013)
Theatre Manager * $75.00 per hr. Technical Director* $75.00 per.hr Engineer $75.00 per hr. * Minimum Staff requirements for all rentals
TECHNICAL (Four hour minimum)
House Technician $20.00 each/per hr. Follow Spot Operator $20.00 each/per hr. Lighting Board Operator $20.00 each/per hr. Projectionist $20.00 each/per hr. Sound Board Operator $20.00 each/per hr. Stage Manager $20.00 each/per hr. Stage Hands $20.00 each/per hr. Security Fee established at time of rental
(Hourly fees are the same for set-up time)
CUSTODIAL Main Theatre/Black Box Theatre $25.00 each/per hr.
29 Land Lease
Version 5 30 2012
STANDARD LIGHTING EQUIPMENT PROVIDED STANDARD SOUND EQUIPMENT PROVIDED
STANDARD MISCELLANEOUS EQUIPMENT PROVIDED Lectern 10 music stands 20 chairs
ADDITIONAL EQUIPMENT RENTAL Chairs - 25 or more $ 25/day per 50 Music stands $ 2/per day per stand Piano - Grand $ 150/day (tuned) Upright $ 100/day (tuned)
(50% discount if used in consecutive days) Sound equipment - mics $ 8/per day, per mic Acoustical Shell $100(setup/removal) Choir Risers $50 Pit Cover Removed $50 Lighting- Hang and Focus $100 Follow Spots (Each) $25 Screen and Projector $25 Additional charges will be made per item for additional lighting or sound equipment not included in the standard equipment package provided. All rental charges are to be paid by check in full to the Performing Arts Center Director or designee immediately after each night’s performance. Payments will be made by check or money order. All transactions are to be made through the Performing Arts Center Director or designee.
30 Land Lease
Version 5 30 2012
Fayetteville High School Performing Arts Center
Policies and Procedures of usage All Rental organizations
The following is a list of Policies and Procedures governing the use of the AAC
1 All areas of usage in the Fayetteville High School Arts Center, including the lobby, art gallery, auditorium seating, stage, orchestra pit, orchestra shell, shop, dressing rooms, and any other rooms or equipment in the Center must be scheduled and cleared through the Managing Director of prior to the event.
2. A rental agreement with deposit paid must be completed prior to usage of the Fayetteville High School Arts Center.
3. All Technical requirements must be presented to the Managing Director/Technical Director a minimum of four (4) weeks prior to event.
4. All communication to technical students staffing a production must go through the Technical Director. Direct communication to Technical students is not allowed.
5. Fayetteville High School Arts Center reserves the right to adjust start times in order minimize overlap in event start, intermission, and end times.
6. Food and beverages of any kind are not allowed in the seating areas, the stage, the booth, the shop, or the orchestra pit nor any dressing room area. Failure to follow this rule can lead to removal from the Fayetteville High School Arts Center.
7. Painting is only allowed in the shop area. Touch up painting will be allowed on stage with proper drop cloths in place with the supervision of the Technical Director.
8. Nothing may be attached to the curtains, draperies or walls on stage. This includes: Safety pins, straight pins, tapes of any kind, paper clips, staples or any other fastening device.
9. Masking tape may not be used to spike scenery or cast positions. The Technical Director will have appropriate spike tape of assorted colors for such purposes. It is the responsibility of the sponsor to remove all tape when event is completed.
10. The use of glitter in the Fayetteville High School Arts Center is prohibited. 11. The fly system is only to be used by trained and qualified personnel, i.e. the Managing Director/ Technical
Director, faculty, and/or students who have been adequately trained. An adult supervisor must be present when the fly system is in use.
12. The sound and lighting system is only to be used by trained and qualified personnel, i.e. the Managing Director/Technical Director, faculty, and/or students. External sound equipment may not be wired or cabled into the PAC sound system.
13. Access to the loft areas on stage and over the seating area is only available to trained and qualified personnel, i.e. the Managing Director/Technical Director, faculty, and students. An adult supervisor must be present when students are in these areas.
14. Access to the storage areas in the shop is only available to trained and qualified personnel, i.e. the Managing Director/Technical Director, faculty, and students. An adult supervisor must be present when students are in these areas.
15. Tools in the shop area shall only be used with the supervision of the Technical Director. Tools must be signed out and returned to designated areas. All tools must be used in a safe manner. Abuse of tools will result in expulsion from the shop and theatre.
16. The stage area shall be mopped and/or swept by the sponsor after each event under the rules of the Technical Director.
17. The stage area shall be wet mopped after all performances. 18. Dressing room areas shall be cleaned by the sponsors and left in the same manner as to when occupancy
occurred. 19. The sponsor is responsible for the actions and behavior of his/her personnel and participants throughout the
facility. 20. The sponsor shall provide adequate supervision for students, personnel and participants using the facility. 21. Prior arrangement must be made for any and all materials to be delivered to the Fayetteville High School Arts
Center. The Fayetteville High School Arts Center cannot accept any items shipped if any sum is to be paid to the delivery company upon delivery.
31 Land Lease
Version 5 30 2012
22. Any damage to the facility shall be reported to the Managing Director/ Technical Director immediately and shall become the responsibility of the supervising sponsor.
23. Any injury sustained during occupancy of the facility should be reported immediately to the Managing Director/ Technical Director and proper accident reports filed.
24. The use and possession of alcohol, non-prescription controlled substances, and tobacco products is prohibited in and on the grounds of Fayetteville Public Schools and the Fayetteville High School Arts Center
25. The Fayetteville High School Arts Center management reserves the right to eject or cause to be ejected from the premises of the Fayetteville High School Arts Center any objectionable person or persons. Neither the Fayetteville High School Arts Center nor the Fayetteville Public Schools nor any of its officers, agents or employees shall be liable to any USER for any damages that may be sustained by such USER subsequent to the exercise of such right by the Fayetteville High School Arts Center management.
The term “objectionable person” shall include those persons who by virtue of disorderly conduct, drunkenness, under the influence of a prohibited substance, disruptive behavior, violation of the Fayetteville High School Arts Center policy, Fayetteville Public Schools rules and regulations of conduct, Federal, State, and Local law, make the normal and proper conducting of business or an event/performance or the enjoyment of others of such event difficult or impossible for others. Additionally, “objectionable person” shall include any person under the influence, even minimally, of alcohol or non-prescription controlled substances.
26. Additional policies and procedures may apply at the discretion of the Managing Director/ Technical Director of
the Fayetteville High School Arts Center. 27. Failure to abide by all policies and procedures may result in expulsion from the Fayetteville High School
Arts Center. Policies and Procedures-Addendum
1. Fire on stage must be approved by the Technical Director. The use of Fire on stage must be accompanied by a permit obtained from the Fire Marshall.
2. Other than drinking water the use of water on stage is prohibited without direct permission of the Technical Director.
3. The use of any chemical or possibly dangerous product must be approved by the T.D. and be accompanied by its MSDS.
4. The use of Fog/ smoke machines must be cleared with the T.D. at least a week in advance in order to have the smoke detectors adjusted.
5. The use of any mechanical device must be free of oil, hydraulic fluid and any other fluid leaks. 6. The use of pyro-technics must be approved by the T.D. and be accompanied by an Arkansas licensed pyro
technician.
32 Land Lease
Version 5 30 2012
APPLICATION FOR USE OF FAYETTEVILLE HIGH SCHOOL PERFORMING ARTS CENTER
NON-SCHOOL EVENTS USAGE FAYETTEVILLE PUBLIC SCHOOLS
Attention: Managing Director 994 W. Martin Luther King Bld.
Fayetteville, AR 72702 479-445-1193
All requests for the use of the Fayetteville High School Arts Center must be submitted on this form. (School presenters only) This request must be received at least ten (10) working days prior to the date of the proposed event. Incorrect, incomplete or late requests may not be accepted. Instructions:
1. Return the completed form to the Fayetteville High School Arts Center Managing Director and discuss your detailed needs.
(Bold print items are required information) Organization Making Request____________________________________________________
Purpose and type of Event _______________________________________________________
Number of Participants_________________ Number expected to attend_______________
(If multiple dates are requested you must add all dates and times needed.)
Program Date: _________________ 20_____ Time: _______ AM PM To: _______ AM PM
Rehearsal Date: ( If needed)__________________ 20_____ Time: ________ AM PM To: ________ AM PM
City: _____________________________ State: _______________ Zip: ________________ Special Requirements: (Describe _________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ I, _______________________________, do affirm that I have read the policies and procedures pertaining to the use of the Fayetteville High School Arts Center and agree to comply with the aforementioned policies and procedures as accepted and agreed upon by Fayetteville Public Schools Board of Education. I understand that any charges pertaining to the use of the Fayetteville High School Arts Center, including facility, special equipment, personnel, etc. must be paid upon presentation of an invoice at the conclusion of the event. I agree to be responsible for any damages that may occur to the facility or equipment during such use. I understand and accept any special services or accommodations required by Section 504 and Title II of the American with Disabilities Act, including all amendments, for the use of the Fayetteville High School Arts Center by any individual or group directly or indirectly associated with the Lessee will be the full responsibility of the Lessee. Applicant’s Signature: ____________________________Date: ____________ 20_____ Administrator’s Signature: _________________________ Date: ____________ 20_____ A fully completed and signed contract and technical requirements form for usage of the Fayetteville High School Arts Center must be signed to make rentals official.
Staff Completion only: Date Received: ___________________________ Application accepted: Yes ____ No ____ Explanation (if no) ________________________________________________________________________________
Fayetteville Performing Arts Center Managing Director: ______________________________________________
