Documents › Board of Education, 2026-08-06

agreement 14 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: Afterschool Programs -- Croton Academy of Arts and... Croton Academy of Arts Lease Agreement 2026-2027 (631 KB)

-1- THIS LEASE made this ____ day of _________, 2026, between Croton­ Harmon Union Free School District, a municipal corporation having its principal office at Gerstein Street, Croton-on-Hudson, New York 10520 (“Landlord”) and Leap Fun Club, a corporation having its main office at 124 Grand Street, Croton-on-Hudson, NY 10520 (“LEAP F.C.” or “Tenant”). WITNESSETH 1. Premises: Landlord hereby leases to Tenant the following areas and facilities for the calendar period of September 1, 2026 to June 30, 2027 solely from 2:30 p.m. to 6:30 p.m. on the days that Landlord’s schools are in session (collectively, the “Demised Premises”) (a) the gymnasium within the Carrie E. Tompkins Elementary School (“CET”), 10 Gerstein Street, Croton-on-Hudson, New York 10520 and (b) the right side of the third/fourth grade wing within CET. Tenant also shall have use of (a) the outdoor space in front of the third/fourth grade wing of CET, so long as it is not being used by Landlord for school purposes. Tenant shall also have use of the school bathrooms nearest the gymnasium and the right side of the third/fourth grade wing of CET. 2. Time of Use: Tenant's use of the Demised Premises shall be from 2:30 p.m. to 6:30 p.m. on days that the Landlord’s schools are in session. The Landlord will have use of the Demised Premises at the times the Tenant is not occupying it. The Landlord reserves the right to shorten or cancel any day its schools are scheduled to be in session. When the Landlord’s schools have an early dismissal due to an emergency (such as inclement weather), there will be no after school programs operated by Tenant. Tenant shall have a working plan in place that instructs parents as to early dismissals, cancellations and emergencies. In the event of an emergency closure for a full school day, such as for inclement weather, there will be no after school program operated by Tenant in the Demised Premises and the Landlord shall provide Tenant with the same advance notice as is customarily given to Landlord’s school building principals. In the event of an early dismissal due to emergency conditions (such as inclement weather), the Landlord shall provide Tenant with the same advance notice as is customarily given to Landlord’s school building principals. 3. Term: The term of this Lease shall be for one ten-month period: beginning the 1st day of September 2026 and ending the 30th day of June 2027, except to the extent -2- Landlord’s schools must close or the use of the Demised Premises by Tenant must cease due to any unforeseen or emergency condition or at the direction or order of any federal, state or local governmental authority, agency, department or executive with jurisdiction over the Landlord’s property and/or schools, including but not limited to any court of competent jurisdiction, the President of the United States, the Centers for Disease Control and Prevision, the Governor of New York State, the New York State Department of Health, the New York State Education Department, the County Executive of Westchester County, the Westchester County Department of Health, the United States Department of Education, or the United States Department of Health and Human Services. 4. Landlord's Services: Landlord, at its own expense, shall provide Tenant with heat, normal cleaning services, hot water, electricity and garbage disposal. Additionally, Landlord shall provide lighting fixtures, electrical and plumbing systems and fire extinguishers as is in place in the Demised Premises as of September 1, 2026. 5. Rent: As a rental hereunder, for each month beginning September 1, 2026 through June 30, 2027, the Tenant shall pay Landlord the sum of $2,520.00 per month, payable, without demand, on the first day of each month of the term of this Lease. The total rental for the ten­month term being twenty­five thousand, two hundred and no/100 ($25,200.00) Dollars. a. The rent will be prorated if the Landlord’s schools must close or the use of the Demised Premises by Tenant must cease for more than 15 consecutive days due to any unforeseen or emergency condition or at the direction or order of any federal, state or local governmental authority, agency, department or executive with jurisdiction over Landlord’s property and/or schools, including but not limited to any court of competent jurisdiction, the President of the United States, the Centers for Disease Control and Prevision, the Governor of New York State, the New York State Department of Health, the New York State Education Department, the County Executive of Westchester County, the Westchester County Department of Health, the United States Department of Education, or the United States Department of Health and Human Services. 6. Use: Tenant shall use and occupy the Demised Premises solely for afterschool recreational programs and/or child care programs that comply with all applicable statutes, laws, rules and/or regulations governing the operation of such programs, including but not limited to -3- Section 390 of the Social Services Law and the regulations thereunder. Tenant shall obtain and maintain all necessary permits, licenses, registration and/or approvals of governmental authorities prior to operating its after-school programs in the Demised Premises, including, but not limited to, the registration requirements set forth in Section 390 of the Social Services Law. Tenant shall use the Demised Premises in compliance with the following requirements: a. Tenant shall be responsible for the administration and management of its after-school programs, including, but not limited to (i) the hiring, training, scheduling and payroll of employees or volunteers that are assigned to such programs, (ii) the daily schedule, curriculum and activities of the after-school program(s), (iii) the registration of students, (iv) billing of clients, and (v) daily operations of the after-school program(s). The administration and coordination of any subsidy assistance through the Department of Social Services shall be the sole responsibility of Tenant. b. Tenant shall provide the necessary staff, supplies and equipment to operate its after- school program(s) in the Demised Premises. i. Daily supervision and administration of the students' activities in such program(s) is solely the responsibility of Tenant. Students attending or enrolled in Tenant’s after-school program(s) must not be allowed to cause disruption to other parts of the school building or grounds or engage in unruly or dangerous behavior. ii. As part of the Program, Tenant agrees to provide, at its own expense, such materials and supplies as shall be reasonably necessary for the administration of its after-school program(s) held in the Demised Premises. iii. The Tenant, at is sole cost and expense, shall supply any and all storage bins to be used for its materials and supplies for the programs held in the Demised Premises. The Tenant, at is sole cost and expense, shall supply any orientation materials and any presentations for children attending its programs and for the parents and guardians of those children. c. A director or employee of Tenant shall remain on-site until each child attending Tenant’s after-school program(s) has been picked up by a parent, guardian or pre- authorized adult. -4- d. Tenant shall comply with any and all applicable statutes, laws, rules and/or regulations of the New York State Education Department and applicable policies of the Board of Education of the Landlord concerning operations in a school district facility. e. All employees of Tenant who will be assigned to or present at the Demised Premises must have, at no cost to the Landlord, fingerprint/criminal background check clearance from New York State Education Department. f. Tenant represents and warrants that it will not hold itself, its officers, its employees or its agents out as employees of the Landlord. Tenant, its officers, its employees, and/or its agents, while employed or otherwise engaged by LEAP F.C./TENANT, shall not be considered as having employee status for the purposes of any other rights, privileges or benefits derived from employment by the Landlord. g. Tenant shall comply with all guidance, protocols, orders, rules and regulations issued by the School District, New York State Education Department, the New York State Office of Children and Family Services, the New York State Department of Health, the New York State Governor, the President of the United States, the New York State Department of Labor, the Centers for Disease Control and Prevention (CDC), and the U.S. Occupational Safety and Health Administration with respect to operation of recreation programs, child care programs and the use of School District Facilities, including but not limited to health and safety measures, which may include but are not limited to physical/social distancing; personal protective equipment (face coverings, gloves, etc.); hygiene, cleaning and disinfection; communication; and screening. h. Tenant shall be solely responsible for the development of and expenses associated with marketing materials and advertising of the after-school programs held in the Demised Premises. Tenant shall advertise and offer its services to all eligible families within the boundaries of the Landlord. i. The collection of all enrollment fees for the Tenant’s after-school programs held in the Demised Premises shall be the responsibility of Tenant. Landlord is not responsible for the payment policy between Tenant and each parent/family. Under no circumstances shall a contractual relationship be deemed to exist between Landlord and those that receive services from Tenant. Letters to parents/families shall explicitly state that the program(s) is/are not being offered through the Landlord. A copy of such -5- letter(s) shall be supplied to the Landlord. j. Tenant agrees that at end of each day that it utilizes the Demised Premises, the Demised Premises and other facilities of Landlord utilized by the Tenant shall be left organized and tidy, and all materials, supplies, telephones, and files shall be stored away in locked storage cabinets. Tenant assumes full responsibility for its materials, supplies, phones, files, equipment and all other personal property. k. Tenant agrees to provide a copy of the safety plan for its program(s) to be held in the Demised Premises prior to the commencement of any program at any location. The safety plan must include fire drill procedures. 7. Repair and Maintenance a. Landlord, at its own expense, shall provide all necessary major repairs to and maintenance of the Demised Premises to keep them in good operating order and condition for Tenant's use. Landlord shall additionally provide minor day- to-day repairs and maintenance required because of normal use. Tenant shall secure Landlord's approval, in writing, prior to construction or implementation of any Tenant improvement. Tenant takes the Demised Premises “as is” and, at its own expense, shall provide any Tenant improvement such as painting, etc. Tenant agrees to use its best efforts to minimize wear on the Demised Premises during the term of this Lease. Tenant shall report to Landlord promptly any damage or other condition requiring repair or maintenance, and Tenant shall be responsible for any damage caused by its acts or omissions or that of its employees, agents, licensees or invitees, which occurs during the days and the hours of such days that Tenant is in possession. b. Tenant, at its own cost, shall provide all articles of personal property to be used in and in connection with the Demised Premises, and will be responsible for all necessary repairs to, and maintenance and replacement of, such articles of personal property used in or in connection with the Demised Premises. 8. Insurance, Damage or Destruction Fire or Other Casualty: a. During the term of this Lease, Tenant, at its own expense shall take out and maintain general liability insurance on and in connection with the use of Demised -6- Premises in the amount of $1,000,000.00 per occurrence/$2,000,000.00 aggregate (with no exclusions for athletics), with Landlord named as an additional insured on said policy. The policy naming Landlord as an additional insured shall: i. Be an insurance policy from an A.M. Best A- rated or better insurer, licensed to conduct business in New York State. Landlord’s business official may, in his/her discretion, elect to accept an insurance carrier with a different rating or not licensed in New York State. ii. State that the Tenant's coverage shall be primary and non-contributory coverage for the Landlord, its Board, employees and volunteers including a waiver of subrogation in favor of the Landlord. iii. Additional insured status for General Liability coverages shall be provided by standard or other endorsements that extend coverage to the Landlord (CG 20 26) or equivalent. The decision to accept an endorsement rests solely with the Landlord. A completed copy of the endorsements must be attached to the Certificate of Insurance to include General Liability, Auto Liability (where applicable) and Umbrella/Excess coverages. b. Tennant agrees to indemnify Landlord for applicable deductibles and self-insured retentions. c. In addition to commercial general liability insurance, Tennant shall maintain meet the following minimum insurance requirements: i. Participants: $1,000,000.00 personal injury ii. Automobile Liability (When Tenant’s vehicle is brought onsite): $1,000,000.00 combined single limit for owned, hired, borrowed and non- owned motor vehicles. iii. Umbrella/Excess Insurance: $1,000,000.00 per occurrence and aggregate. Umbrella/Excess coverage shall be on a follow-form basis or provide broader coverage over the required General Liability coverages. -7- d. Tenant acknowledges that failure to obtain such insurance on behalf of the Landlord constitutes a material breach of contract and subjects it to liability for damages, indemnification, and all other legal remedies available to the District. Tenant is to provide Landlord with a certificate of insurance, evidencing the above requirements have been met, prior to the e. During the term of this Lease, Tenant, at its own expense, shall take also out and maintain such forms of insurance on its own personal property in or used in connection with the Demised Premises, with such coverage and in such amounts as it shall deem reasonably necessary to protect its personal property. f. In the event of damage to or destruction of the Demised Premises or any part thereof during the term hereof due to fire or other casualty, Landlord shall not be obligated to rebuild or restore any part or all of the Demised Premises so destroyed. If the damage or destruction is so extensive that in Landlord's judgment or in the judgment of Tenant the continued use of the Demised Premises is not feasible, Landlord or Tenant may, by five (5) days' prior written notice to the other, terminate this Lease, whereupon this Lease shall be deemed terminated as of the date of termination of the Lease set forth in the written notice, and all rent shall be apportioned as of such date. In the event that the Demised Premises shall be damaged in part so that parts of the Demised Premises are unusable, Tenant shall pro-rate rent until the damage has been repaired. g. The proceeds of any of Landlord’s insurance which may become payable as the result of any damage or destruction to the Demised Premises shall be the sole property of the Landlord. Tenant shall have no claim to any part thereof for any interest of Tenant herein or in any unexpired term hereof. h. Landlord hereby releases Tenant to the extent of Landlord’s insurance coverage from any and all liability, for any loss or damage caused by fire, or other casualty, even if such fire or other casualty shall be brought about by the fault or negligence of Tenant or Tenant’s officers, directors, employees or invitees or any persons claiming under it; provided, however, this waiver and release shall be in force and effect only with respect to loss or damage occurring during such -8- time as Landlord's policies of fire and extended coverage and other perils shall contain a clause to the effect that this release shall not affect said policies or the right of Landlord to recover thereunder. i. Tenant hereby releases Landlord to the extent of Tenant’s insurance coverage, from any and all liability for any loss or damage caused by fire, or other casualty to the contents of the Demised Premises, even if such fire or other casualty shall be brought about by the fault or negligence of Landlord or its agents; provided, however, this waiver and release shall be in force and effect only with respect to loss or damage occurring during such time as Tenant's policies of fire and extended coverage and other perils shall contain such a clause to the effect that this release shall not affect said policies or the right of the Tenant to recover thereunder. 9. Indemnification: To the maximum extent permitted by law, Tenant shall indemnify, defend and hold Landlord, its employees, officers, agents and Board of Education harmless from any claims, liabilities, suits, proceedings and actions, of whatever name and nature as the same may relate in any manner, to Tenant's use or occupancy of the Demised Premises. Said indemnification and defense shall apply to any claim, liability, suit, and proceeding action in which Landlord, its employees, officers, agents or Board of Education may be named as a party, notwithstanding that the Tenant may deem said claim, liability, suit, proceeding or action frivolous or without merit. It is intended that this paragraph be interpreted in the broadest manner possible to insulate Landlord from any liability or judgment, monetary or otherwise, as the same may relate to the Tenant's use or occupancy of the Demised Premises. Notwithstanding the foregoing, indemnification of Landlord, its employees, officers, agents and Board of Education by Tenant shall not apply to the extent any claim, liability, suit, proceeding or action results from the negligence or willful misconduct of Landlord, or any of its employees, officers, agents or the Board of Education. It is further understood and acknowledged by the parties that for purposes of this indemnification, the Demised Premises is not under the exclusive control of Tenant and this indemnification shall only apply to Tenant’s use or occupancy of the Demised Premises and not to any claim, liability, suit, proceeding or action not related to the Tenant's use or occupancy. The obligations of this paragraph shall survive the expiration and termination of this Lease. -9- 10. Assignment of Subletting: Tenant shall not assign this Lease nor sublet all or any part of the Demised Premises, nor mortgage, pledge nor in any other way encumber its rights and interests hereunder, without the prior expressed written consent of Landlord in each instance, which consent may be withheld for any reason. 11. Compliance with Laws: a. Tenant shall comply with the requirements of all laws, orders, zoning regulations, statutes, ordinances, and all other rules and regulations of any governmental body having jurisdiction relating to the Demised Premises and its use for afterschool recreational programs and/or child care programs, and Tenant shall secure any and all licenses and permits required for Tenant's use. Tenant shall provide copies of all such required licenses and permits prior to its use of the Demised Premises for any use for which a license or permit is required and upon any renewal of such licenses or permits during the term of this Lease. b. If any governmental authority having jurisdiction should find the use to which Tenant intends to put the Demised Premises as stated herein is unlawful or if any insurance underwriter should require any alterations to the Demised Premises to render the same insurable by virtue of such intended use, Landlord may either (i) at its own expense, or at Tenant's cost and expense (if it is the cause), take such measures as may be necessary to make such use lawful, or the Demised Premises insurable, or may (ii) terminate this Lease on no less than five (5) days' prior written notice to the Tenant, whereupon this Lease shall terminate and expire on the date specified in such notice as if such date were the date set forth herein for the expiration hereof, and all rent hereunder shall be apportioned as of such date. c. No Discrimination: To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, Tenant agrees it shall not discriminate against any employee or applicant for employment or individual associated with the Landlord, including but not limited to participants in Tenant’s activities, because of race, creed, color, sex, national origin, sexual orientation, gender identity or expression, age, disability, predisposing genetic characteristics, military status, -10- familial status, marital status, status as a victim of domestic violence or any other basis protected by law. Participation in activities of Tenant shall be without regard to a participant’s actual or perceived race, creed, color, weight, gender, sex, sexual orientation, national origin, ethnic group, religion, religious practice, age or disability. d. Sexual Harassment: Federal and state laws and the policies of the School District prohibit sexual harassment of employees and students. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature that create a hostile or offensive working environment for School District employees or students. Contractor shall exercise control over its employees, agents, and consultants so as to prohibit acts of sexual harassment of School District employees or students. In the event the School District, in its reasonable judgment, determines that Contractor, its officers, directors, employees, agents and/or consultants have committed an act of sexual harassment, upon notice from the School District, Contractor shall cause such person to be removed from servicing the School District and shall take such other action as may be reasonably necessary to cause such sexual harassment to cease. Contractor affirms that it maintains a sexual harassment prevention policy to the extent it is required by New York State law. 12. Termination for Tenant's Defaults: If Tenant shall default in the performance or observance of any of the covenants, agreements or conditions on its part contained in this Lease, excluding the payment of rent, and such default shall continue for a period of twenty (20) days, or if Tenant shall default in payment of rent by the first of any month or if Tenant shall for any reason abandons the Demised Premises, then and in such event Landlord may, by thirty (30) days' written notice to Tenant, cancel and terminate this Lease and the term hereof shall end and expire on the date specified in such notice as fully and as completely as if the date of termination were the date definitely fixed for the end and expiration of this Lease, and Tenant shall then quit and surrender to Landlord each and every part of the Demised Premises and Landlord may enter into or repossess the same and each and every part thereof by any means then permitted by law. 13. Invalidity: If this Lease or the making hereof by Landlord or Tenant shall hereafter be held invalid or unenforceable by a governmental or regulatory body having -11- jurisdiction over Landlord or Tenant, or by a court of competent jurisdiction, then this Lease shall terminate and expire on the effective date of such determination, and all rent hereunder shall be apportioned as of such date. 14. Notices: All notices, demands, requests or other communications which may be required or permitted hereunder shall be in writing and shall be deemed sufficient if given or served by registered or certified mail, postage prepaid, return receipt requested, addressed to the party to receive such notice, request or communication at its address set forth above or at such other address as it may hereafter designate by notice given in like manner. In the case of notice, to the Landlord, it shall be directed to the Superintendent of Schools. Every notice, demand, request or other communication hereunder shall be deemed to have been given or served at the time that the same shall be received or four (4) days subsequent to deposit in the United States mail, postage pre-paid, in the manner aforesaid, whichever earlier occurs. 15. Quiet Enjoyment: Landlord covenants and agrees that Tenant, upon paying the rent and performing all of its other covenants, duties and obligations hereunder, may peaceably have, hold and enjoy the Demised Premises during the term of this Lease, subject only to the specific terms and conditions thereof. 16. Surrender: Tenant shall on the last day of the term hereof or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises pursuant to foregoing paragraphs of this Lease or otherwise, well and duly surrender and deliver up the Demised Premises, in substantially the same condition existing at the commencement of the term hereof, into the possession and use of Landlord. 17. No Waiver of Default: No failure by the Landlord to insist upon the strict performance of any term, covenant, agreement or provision of this Lease or to exercise any right or remedy upon a breach thereof and no acceptance by the Landlord of any rent during the continuance of any such breach, shall constitute a waiver of any such breach or of any such term, covenant, agreement or provision. 18. Modification or Amendment: No amendment, change or modification of this Lease shall be valid unless in writing, signed by the parties hereto. 19. Entire Understanding: This Lease constitutes the entire understanding and agreement between the parties and any and all prior leases, agreements, understandings, and representations are merged herein and are of no further force and effect. 20. Governing Law: The laws of the State of New York shall govern this Lease. Any litigation between the parties shall be venued in an appropriate Court located in Westchester County in the State of New York. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first above written. LANDLORD: CROTON-HARMON UNION FREE SCHOOL DISTRICT By: (Seal) TENANT: ue N CLUB a, ir V [7 (Seal) DENISE M BISACCIA, Notary Public, State of New York No, o1Bi6{295% Qualified in Westchester County Commission Expires February 14, 200 -12- LANDLORD'S ACKNOWLEDGEMENT STATE OF NEW YORK ) )ss: COUNTY OF WESTCHESTER ) On the l / day of Qube in the year 2026 before me, the undersigned, personally appeared Eyre Lorn . personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as President of the Board of Education of Croton-Harmon Union Free School District, and that by her signature on the instrument, the Croton-Harmon Union Free School District upon behalf of which she acted, executed the instrument. Wer JU. Buraceye Notary Public -13- -14- TENANT’S ACKNOWLEDGEMENT STATE OF NEW YORK ) )ss: COUNTY OF WESTCHESTER ) On this ____ day of __________________, 2026, before me personally came , known to me to be the of LEAP Fun Club, the corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he/she, the said resides at ____________________________ and that he/she is the ____________ _______ of said corporation and knows the corporate seal of the said corporation; that the seal affixed to the within instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. Notary Public 2910/001/4904-2643-3345v1