Twelve studies find that overall gains in charter schools are larger than other public schools; four find charter schools’ gains higher in certain significant categories of schools; six find comparable gains; and, four find that charter schools’ overall gains lagged behind traditional schools.
Source: Charter School Achievement: What We Know, July 2005 Update
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This Lease, made and entered into this 27th day
of February, 1996, by and between Sonoma Charter School,
hereinafter designated as "Lessee", and the Sonoma Valley Unified
School District of Sonoma County, California, hereinafter designated
"Lessor", is as follows:
WITNESSETH:
Lessee, for the consideration hereinafter set forth, does hereby
lease from Lessor certain premises subject to the terms and
conditions as follows:
- PREMISES. Lessee hereby leases from Lessor the
facility known as the Agua Caliente school site (AP Nos.
056-201-85 and 056-201-86), located at 17202 Sonoma Highway,
Sonoma, California, with a land area of approximately
1.2 acres, together with improvements thereon including
approximately 19,000 square feet of buildings, including
classrooms, restrooms, office space, staff space, and
performing arts building (hereinafter "the Premises"). It is
acknowledged that Lessee has occupied Premises since 1994,
and that on that date the Premises were in good repair and in
compliance with all state requirements for occupancy by public
school children.
- TERM. The term of this Lease shall be from
September 27, 1995 through July 31, 1998.
- USE OF PREMISES. The Premises shall be used by
Lessee solely for the operation of a charter school, as authorized
by the Education Code of the State of California.
- RENT. For consideration for entering into this
Lease, Lessee agrees to pay $1.00 per year, payable for 1995 upon
execution of this agreement. Rent for subsequent lease years shall
be due on the first day of July.
- CARE, MAINTENANCE AND REPAIR. Lessee at its cost
shall provide usual and customary care to the Premises including
custodial and maintenance. Lessee shall be responsible for and
shall pay for any repairs or replacements which are occasioned or
made necessary by reason of the use of said Premises by Lessee or
its agents or employees. Lessee shall not be responsible for
damage thereto by earthquake, act of God or the elements.
As a condition of this Lease, Lessee shall participate in Lessor's
Deferred Maintenance Plan. Lessor shall identify projects to be
included in the plan and file the plan with the State Office of
Public Construction. Lessee shall pay its portion of matching fees
related to the deferred Maintenance Plan. Lessee may not undertake
projects under the State's Deferred Maintenance Program outside of
the Lessor's Deferred Maintenance Plan.
- INSPECTION BY LESSOR. Lessee shall permit Lessor
or Lessor's agents, representatives or employees to enter said
Premises at all reasonable times and with reasonable notice for
the purpose of inspecting said Premises to determine whether
Lessee is complying with the terms of this Lease and for the
purpose of doing other lawful acts that may be necessary to
protect Lessor's interest in said Premises under this Lease or to
perform Lessor's duties under this Lease.
- ALTERATIONS. No alterations may be made by
Lessee without consent of Lessor, which shall not be unreasonably
withheld. Lessee must submit a change of facilities form to the
Director of maintenance and Operations for the Lessor and receive
approval before beginning any alteration. All alterations will be
in compliance with the guidelines established by the Division of
the State Architect. Upon enactment of this Lease, the Premises
will be inspected by the Lessor to determine the condition of the
Premises and to report any existing alterations to the Premises
which were made by Lessee prior to the execution of this Lease.
Within twenty-four (24) months from the date of this inspection,
Lessee shall be responsible for all necessary actions and costs to
bring any and all buildings, structures or improvements on the
Premises installed by Lessee prior to the date of this Lease into
compliance with the requirements of Division of the State
Architect for public school buildings ("Field Act Compliance").
Lessee shall be responsible for and shall pay for any inspections,
permits or fees required, including, but not limited to, any fees
charged by the Division of the State Architect. Any alterations,
additions or improvements Lessee has made to the Premises shall
become the property of Lessor at the end of this or any subsequent
Lease term.
- UTILITIES. Lessee shall pay all utilities and
services, including without limitation, garbage, gas, electricity
and water and telephone.
- HOLD HARMLESS. Lessee shall hold harmless,
defend and indemnify Lessor, its officers, agents and employees,
from and against any liability, claim, action, cost, damage or
loss, including reasonable costs and attorneys' fees, for injury,
including death, to any person or damage to any property arising
out of Lessee's activities under this Lease, but excluding
liability due to the sole negligence or willful misconduct of
Lessor. This obligation shall continue beyond the term of this
Lease as to any act or omission which occurred during or under
this Lease. This indemnification obligation is not limited in any
way by any limitation on the amount or type of damages or
compensation payable to or for Lessee or its employees or agents
under workers' compensation acts, disability benefit acts, or
other employee benefit acts.
- INSURANCE.
A. Lessee: With respect to this Lease, Lessee
shall maintain insurance as described below:
- Workers' compensation insurance with limits of
$1,000,000.00 or more with an insurance carrier satisfactory to
the Lessor in accordance with the Act of the Legislature of the
State of California, known as the "Workers' Compensation
Insurance and Safety Act" originally approved May 26, 1913, and
all Act amendments and supplements thereto. Said policy shall
be endorsed with the following specific language: "This policy
shall not be canceled or materially changed without first
giving thirty (30) days prior written notice to Lessor. In the
event Lessee is self-insured, it shall furnish a certificate of
permission to self-insure, signed by the Department of
Industrial Relations Administration of Self-insurance,
Sacramento, California."
- Commercial or Comprehensive General Liability insurance
covering bodily injury and property damage utilizing an
occurrence policy form, in an amount no less than $2,000,000.00
combined single limit for each occurrence. Said insurance shall
include, but not be limited to: Premises and operations
liability, independent contractors liability, and personal
injury liability.
- Each said comprehensive or commercial general liability
insurance policy shall be endorsed with the following specific
language:
(a) Lessor, its officers and employee, is named as
additional insured for all liability arising out of the
operations by or on behalf of the name insured in the
performance of this Lease.
(b) The inclusion of more than one insured shall not operate to
impair the rights of one insured against another insured, and
the coverage afforded shall apply as though separate policies
had been issued to each insured, but the inclusion of more than
one insured shall not operate to increase the limits of the
company's liability.
(c) The insurance provided herein is primary coverage to Lessor
with respect to any insurance or self-insurance programs
maintained by Lessor and no insurance held or owned by Lessor
shall be called upon to contribute to a loss, except for the
sole negligence of Lessor.
(d) This policy shall not be canceled or materially changed
without first giving thirty (30) days prior written notice to
Lessor.
- Documentation
The following documentation shall be submitted to
Lessor:
(a) Properly executed Certificates of Insurance clearly
evidencing all coverage, limits, and endorsements required
above. Said certificates shall be submitted prior to the
execution of this Lease.
(b) Signed copies of the specified endorsements for each
policy. Said endorsement copies shall be submitted within
thirty (30) days of execution of this Lease.
(c) Upon Lessor's written request, certified copies of
insurance policies. Said policy copies shall be submitted
within thirty (30) days of Lessor's request.
- Policy Obligations
Lessee's indemnity and other obligations shall not be
limited by the foregoing insurance requirements.
- Material Breach
If Lessee, for any reason, fails to maintain insurance
coverage which is required pursuant to this Agreement, the same
shall be deemed a material breach of Lease.
B. Fire Insurance. In the event of a loss which
is not due to the fault of either party (i.e. Act of God), each
party shall carry adequate fire insurance on their respective
property.
- DESTRUCTION OF PREMISES. In the event of
destruction of the leased Premises, Lessee shall be entitled, at
its election, to terminate the Lease and all liability of Lessee
for rent accruing subsequent to the date of destruction shall
cease.
- ASSIGNMENT. This Lease, or any interest of
Lessee therein, shall not be assignable by Lessee or by operation
of law. Any attempt to so assign shall be null and void.
- ABANDONMENT BY LESSEE. Should Lessee breach this
Lease and abandon Premises prior to the natural expiration of the
term of this Lease, Lessor may terminate this Lease.
- LESSOR'S REMEDIES ON DEFAULT. If Lessee defaults
in the payment of rent, or any additional rent, or defaults in the
performance of any of the other covenants or conditions of this
agreement, Lessor may give Lessee notice of such default and if
Lessee does not cure any default within 30 days, after the giving
of such notice, or if such default is of such nature that it
cannot be completely cured within such period, if Lessee does not
commence such curing within such 30 days and thereafter proceed
with reasonable diligence and in good faith to cure such default,
then Lessor may terminate this Lease on not less than 15 days'
notice to Lessee. On the date specified in the notice, the term of
this Lease shall terminate and Lessee shall then quit and
surrender the Premises to Lessor, but Lessee shall remain liable
as provided below. If this Lease shall have been so terminated by
Lessor, Lessor may at any time thereafter resume possession of the
Premises by any lawful means and remove Lessee or other occupants
and their effects.
- LESSOR'S REMEDIES IN EVENT OF BREACH. In the
event of any breach of this Lease, Lessor, in addition to the
other rights or remedies Lessor may have, shall have the immediate
right of reentry and may remove all persons and property from the
Premises. The property may be removed and stored in any place in
the building where the demised Premises are located, or in any
other place, for the account of, and at the expense and risk of
Lessee. Lessee waives all claims for damages which may be caused
by the reentry of Lessor and the taking of possession of the
demised Premises or removal or storage of the furniture and
property as herein provided. Lessee will save Lessor harmless from
any loss, costs or damages caused by Lessor and no such entry will
be considered or construed to be a forcible entry. Should Lessor
elect to reenter, as provided in this agreement, or should Lessor
take possession pursuant to legal proceedings or pursuant to any
notice provided for by law, this Lease shall terminate, effective
the date that Lessor takes possession.
- QUIET ENJOYMENT AND PERMITTED USE. Lessor
warrants that Lessee, so long as no event of Default has occurred
and is then continuing under this Lease, shall have peaceful
possession and quiet enjoyment of the Premises during the term of
this Lease and that Lessee may use the same for a charter school
or for any related purposes. Lessee's use of the Premises shall
not violate any ordinance, law or regulations of any Governmental
Authority. Except as provided otherwise herein, all signs and the
location thereof shall be furnished at the sole cost and expense
of Lessee, and shall be subject to the prior approval of Lessor,
such approval not to be unreasonably withheld or unduly
delayed.
- COMPLIANCE WITH RULES AND REGULATIONS. The rules
and regulations contained in this Lease, as well as such rules and
regulations as may b e adopted in the future by Lessor for the
safety, care, and cleanliness of the Premises and the preservation
of good order on the Premises, are expressly made a part of this
Lease, and Lessee agrees to obey all such rules and regulations.
With the exception of safety rules and regulations, Lessee shall
be given thirty (30) days written notice prior to Lessor's
adoption of any change in the rules and regulations regarding the
Premises.
- COMPLIANCE WITH LAW. Lessee shall not use the
Premises or permit anything to be done in or about the Premises
which will in any way conflict with any law, statute, ordinance or
governmental rule or regulation now in force or which may
hereafter be enacted or promulgated. Lessee shall, at its sole
cost and expense, promptly comply with all laws, statutes,
ordinances and governmental rules, regulations or requirements now
in force or which may hereafter be in force, and with the
requirements of any board of fire insurance underwriters or other
similar bodies now or hereafter constituted, relating to, or
affecting the condition, use or occupancy of the Premises. The
judgment of any court of competent jurisdiction or the admission
of Lessee in any action against Lessee, whether Lessor is a party
thereto or not, that Lessee has violated any law, statute,
ordinance or governmental rule, regulation or requirement, shall
be conclusive of that fact as between the Lessor and Lessee.
- SEVERABILITY. The invalidity or illegality of
any provision shall not affect the remainder of the Lease.
- NOTICE. As used in this Lease, notice includes
but is not limited to the communication of notice, request,
demand, approval, statement, report, acceptance, consent, waiver
and appointment. All notices must be in writing. Notice is
considered given either (a) when delivered in person to the
recipient named as below, or (b) when deposited in the United
States mail in a sealed envelope or container, postage and postal
charges prepaid, addressed by name and address to the party or
person intended as follows:
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Notice to Lessee:
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Sonoma Charter School
17202 Sonoma Highway
Sonoma, CA 95476
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Notice to Lessor:
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Superintendent
Sonoma Valley Unified School
District
721 West Napa Street
Sonoma, CA 95476
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- SUCCESSORS IN INTEREST. The provisions and
conditions of this Lease shall extend to and bind the assignees or
transferees under said Lease, and shall also extend to and bind
heirs, executors, administrators and successors in interest of the
parties hereto.
- HOLDING OVER. If Lessee, with Lessor's consent,
remains in possession of the Premises after expiration or
termination of the term, or after the date in any notice given by
Lessor to Lessee terminating this Lease, such possession by Lessee
shall be deemed to be a month-to-month tenancy terminable on 30
days' notice given at any time by either party. All provisions of
this Lease, except those pertaining to term and option to extend
shall apply to the month-to-month tenancy.
- AMERICANS WITH DISABILITIES ACT (ADA). It is
acknowledged that Premises, at time of original occupancy by
Lessee, was in compliance with the Americans with Disabilities Act
("ADA"). Lessee is responsible for compliance with the ADA, its
supporting regulations, and all similar Federal, state or local
laws, regulations and ordinances relating to removal of barriers
within the workplace, i.e. arrangement of interior furnishings and
access within the Premises, and any improvements installed by
Lessee. If Lessor's consent would be required for alterations to
bring the Premises into compliance, Lessor agrees not to
unreasonably withhold its consent.
- HAZARDOUS MATERIALS ACKNOWLEDGMENT ENVIRONMENTAL
REPRESENTATION and LIABILITY RELEASE. Lessee acknowledges
that various materials utilized in the construction of the
Premises may contain materials that have been or may in the
future be determined to be toxic, hazardous or undesirable and may
need to be specially treated, specially handled and/or removed
from the Premises. Such substances may be above and below ground
on the Premises or may be present in soils, water, building
components or other portions of the Premises in areas that may or
may not be accessible or noticeable. Lessee shall use and operate
all Premises, at all times during the term hereof, under and in
compliance with the laws of the State of California and in
compliance with all applicable environmental legal requirements.
For any contamination to Premises due to Lessee's use, Lessee
assumes full responsibility for the clean-up of such toxic
hazardous or undesirable materials as required by current and
further federal, state and local laws and regulations. Lessee
acknowledges that toxic wastes, hazardous materials and
undesirable substances problems can be extremely costly to correct
and Lessee relieves Lessor from all liability related thereto due
to Lessee's use. Lessee therefore agrees that Lessee shall
indemnify and defend and hold Lessor harmless from any claim,
liability, damage, cost or expense, including but not limited to
court costs and attorney's fees, arising out of or in any way
related to toxic waste, hazardous material and/or undesirable
substance affecting the Premises related to and/or caused by
Lessee's use.
- CONDITION AT TERMINATION. During the term of
this Lease, Lessee shall at all times maintain the Premises in a
good, clean and safe condition. Upon the expiration of the term of
this Lease and any renewals thereof or upon the sooner termination
thereof, Lessee shall surrender to Lessor possession of the
Premises. Lessee shall leave the Premises in as good order and
condition as said Premises were in at the beginning of the term of
this Lease, ordinary wear and tear thereof and damage by the
elements, fire, earthquake, flood, act of God, or public calamity
excepted.
IN WITNESS WHEREOF, the parties hereto have caused this
Lease to be executed the day and year first above written.
SONOMA VALLEY UNIFIED SCHOOL DISTRICT
By: ___________________________
SONOMA CHARTER SCHOOL
By: ___________________________
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