Randolph%20Co%20BOE-Midland%20lease%20agreement%202024-2025.pdf

Parent document: Regular Board Meeting - 5_30 p.m. - Amended-06-04-2024.pdf

Text

LEASE AGREEMENT

THIS AGREEMENT, made and entered into this 1“ day of July 2024, by and between

THE BOARD OF EDUCATION OF THE COUNTY OF RANDOLPH, a statutory corporation,

party of the first part, hereinafter referred to as “Lessor,” and NORTH CENTRAL COMMUNITY

ACTION ASSOCIATION, INC., a West Virginia non-stock, non-profit corporation, party of the

second part, hereinafter referred to as “Lessee.”

WITNESSETH:

In consideration of the respective covenants and agreements by the Lessor and the Lessee

to be kept and performed as hereinafter set forth, the parties hereby covenant and agree as follows:

1.

LEASED PREMISES: Upon the terms and conditions hereof, the Lessor shall LEASE, LET,
and DEMISE unto the Lessee all of a certain parcel of unimproved real tract of land, the
Midland Elementary School, near Elkins, Randolph County, West Virginia.

TERM: The term of this lease subject to the provisions hereof, shall commence July 1, 1992,
and shall be for a term of unlimited years.

The terms and conditions of this lease may be reviewed annually and may be changed by
mutual agreement of the parties. Ifa party to the lease is interested in proposing changes to
the lease, the party will provide such notice in writing by June 1st of each year.
CONSIDERATION: _ The consideration for this lease shall be the sum of One Dollar
($1.00) which rental is to be paid on or before the first day of January of each year.

USE AND PURPOSE: The leased premises shall be used solely by the Lessee and by others
specifically authorized by the Lessee. The leased premises shall be used as a site for the

placement of a classroom modular unit to be used by the Lessee as part of its “Head Start”


and “Early Head Start” offices and program activities, and for such other lawful purposes
related to such use and to the business of the Lessee as the Lessee may determine.
COMPLIANCE WITH LAWS: Lessee shall not do or permit to be done in, on, or about the
leased premises anything which is prohibited by any law, statute, ordinance or governmental
tule or regulation now in force or hereafter enacted or promulgated. If a governmental
license or permit, other than a certificate of occupancy, shall be required for the proper and
lawful conduct of Lessee’s activities, the Lessee shall procure and maintain such license or
permit and submit the same for inspection by Lessor.

UTILITIES: The Lessee shall have the right at its own cost and expense to cause water lines,
sewage lines, electric lines, and other utility services to be installed on the leased premises
for the purpose of providing utility services to the structure or structures to be erected
thereon. Lessee shall be responsible for the installation of any and all water, sewage, electric,
telephone, and other utilities, and shall bear the monthly fees and costs for the use and
maintenance therefore, having its own account direct with the providers of the various and
several utilities aforesaid.

INSTALLATION/MAINTENANCE OF STRUCTURES: The Lessee at its own expense
shall install and erect any structure or structures necessary or incident to the purpose of this
lease. Lessee shall at its own expense keep and maintain any structures or improvements
erected on the leased premises in a good state of repair.

NONEXCLUSIVE UTILITY EASEMENTS: Lessor reserves to itself and the right to grant
to others in the future nonexclusive utility easements over, under, through, across or on the
leased premises in locations that will not unreasonably interfere with Lessee’s access to or

use of the leased premises. Any interference shall be temporary, and all work on the leased


10.

premises shall proceed expeditiously. Lessee shall be given reasonable notice before
commencement of any work on the leased premises. In the event the installation or
maintenance of such future utility lines in such easements causes any damage to the leased
premises, or any portion thereof, or to the Building, or other facilities located upon the leased
premises, including but not limited to pavement, curbs and sidewalks, the same shall be
repaired by Lessor at its expense, if not so repaired by the party installing and maintaining
the line. Lessor shall hold harmless and indemnify Lessee from all claims arising out of the
grant or use of such a utility easement, except to the extent that the claims result from the
negligence or willful misconduct of Lessee.

LIABILITY: Lessee agrees that Lessor shall not be liable for any damage or injury to
persons or property arising out of the use of the leased premises by Lessee or Lessee’s agents,
employees, invitees, or visitors except that occasioned by the negligence of Lessor, its agents,
employees, servants, contractors, or sub-contractors. Lessee will indemnify or hold Lessor
harmless from all liability or loss for any damage or injury to persons or property arising out
of the use of the leased premises by Lessee or Lessee’s agents, employees, invitees, or
visitors other than that occasioned by the negligence of Lessor, its agents, servants,
employees, contractors or sub-contractors.

Lessor shall not be obligated to provide any public liability or property damage insurance for
the benefit of Lessee or any other person or entity, each such party (Lessor and Lessee) being
responsible for its own insurance.

INSURANCE: Lessee, at its sole expense, shall procure and maintain the following
insurance coverage: Commercial general liability insurance insuring Lessee against any

liability arising out of its use, occupancy, repair or maintenance of the leased premises, with


11.

a combined single limit of not less than $1,000,000 for injury to or death of one or more
persons in any one accident or occurrence and property damage in any one accident or
occurrence. Such comprehensive general liability insurance shall include fire liability
coverage and public liability and property damage insurance, including personal injury,
broad form property damage, blanket contractual, and other coverage as may be reasonably
required by Lessor.

Lessor shall have the right, from time to time, to require Lessee to increase the amount of its
comprehensive general liability insurance coverage if, in Lessor’s reasonable opinion, the
amount of such coverage is not sufficient in light of the risks insured and Lessee's use of the
leased premises.

TERMINATION: Upon the expiration of this lease, or if at any time the Lessee ceases to
operate the facilities aforesaid as a location for the “Head Start” program aforesaid or a
similar program, then this lease shall terminate. The failure to operate the program during
normal school vacation shall not be considered an abandonment or cessation of the use and
activities of the leased premises.

Upon the termination of this lease, provided all rent and other terms and conditions of this
lease are fulfilled, the Lessee shall have the right to remove any structures or other
improvements erected on the leased premises. Lessee shall leave the leased premises in the
same or similar condition in which received, except that Lessee shall not be required to
remove any water lines, sewage lines, utility poles, or other utility lines or services installed

on the property.


WITNESS the following signatures to duplicates hereof, each of which shall constitute an

executed counterpart original.

Date Debra Schmidlen, Superintendent
Superintendent of Schools

Attest:
Date

Its
Date Patricia McFarland, Executive Director

North Central WV Community Action Association
Date Roberta DeMarco, Children Services Director

North Central WV Head Start/Early Head Start

PY59 (2024-2025)
Revised 5/30/2024