From Vernon Douglas at Douglas & Carter addressed to Mayor Lofton and a carbon copy to the Town Manager – no date
After listening to the general proposal by you as Mayor of the Town of White Springs during the School Board workshop on August 28, 2018 and, in light of this matter being placed on the agenda for further discussion on September 11, 2018, it would be in every one’s best interests to have a more specific understanding of the details of a proposed lease. Therefore the District would need to have more specific insurmation such as:
A letter from the Town of White Springs Council stating that under this proposal they agree to accept and will be responsible for the monthly utility and insurance costs. The electricity cost ranges up to approximately $3,000 monthly at full capacity and property insurance is $650 monthly. The town would specifically agree to keep in place the Hamilton School District’s property insurance.
A letter from the Town of White Springs Council that they agree to and will provide proof of liability insurance coverage on this property and list the Hamilton School District as additional insured on their policy at the inception of any lease.
A letter from the Town of White Springs Council that they agree to be responsible for routine maintenance of the property while they are the lease holder such as broken windows, lights, doors, etc.
The District would need copies of contracts or letters of intent of the Town’s partners and subleases to support Town’s ability to handle the monthly fees associated with utilities, insurance and maintenance before giving more serious consideration to the proposal.
The district would need written assurances before considering a lease that the Town would assure compliances with all codes for bringing the building into compliance for day care facilities, as you proposed and any other applicable uses intended.
The Town may wish to bring a proposed lease agreement to the next school board meeting for consideration by the District which would include the proposed number of years of the lease, the terms for ending the lease, or extending the lease. Should an agreement be reached, the Town would expressly accept the building “as is” with no expectation of repair or improvements by the School District
Both parties understand that the school district attorneys will ultimately prepare a lease in compliance with the Department of Education guidelines and District Policy, should the district find that it is in the district’s best interest to lease the facility as opposed to continuing its pursuit of a sale of the property.
Both parties will be bound by Hamilton School District Policy Chapter 7, specifically Chapter 7, 14 requiring any lease of more than 12 months shall provide that either party may terminate a lease upon reasonable notice to the other. Reasonable notice could be 60 to 90 days as may be agreed upon by the parties or upon a beach of the terms of the lease. Therefore any subleases” of the Town would need to be aware of this provision by so indicating in any written lease and a copy provided to the district.
It is felt that all of these considerations should be expressly addressed to help the discussions proceed
For the District, E. Vernon Douglas
This was in response to Stacy Tebo’s e-mail of August 28, 2018 2:41 P M
Spencer is asking me how much it would be to add SHE to our insurance.
E-mail from John Bullard dated Friday, August 3, 2018 at 8:25 AM to Rex Mitchel, Michael Vinson, Phillip Pinello, School Board Members with a copy to Sherry Bush
Dear Mr. Mitchell:
Last night, it came to my attention that on Tuesday evening August 7, the Town Council of White Springs will discuss the South Hamilton Elementary property.
You may want to phone Mayor Lofton or send a brief memorandum to him that we encourage a discussion but that any decision on the part of them or us is premature until the School Board Workshops this issue at the August workshop for consideration of action on August 28, 2018. They or any of their representatives are invited to this workshop for the purpose of DISCUSSION. It may well take more than one workshoip.
Again you may want to ask Mr. Vinson or you, yourself, attend the meeting or encourage the Town to table this discussion until they come and meat with the Board at a Board workshop in August. These are just suggestions. Their enthusiasm is admirable and I know it is because they have an interest in the children at heart.
Your guidance regarding this matter will be appreciated. I think the memorandum or the call inviting them to attend the Board workshop could help clarify things.
e-mail from Vernon Douglas tO s lofton of September 6, 2018 3.21 PM –
The Town doesn’t have an umbrella just as I mentioned in my articles much less the liability limits required – Lofton is a flake. Karin for the blog
Good morning Mr. Lofton;
I forwarded you matters the school board wanted included in the continuing discussions for a lease to the Town. There was no request for additional property insurance, just that the school district be reimbursed monthly $650 for its property insurance coverage. The Board did want to discuss being added to the Town’s umbrella liability insurance policy or repayment of the apportionment of the district’s liability insurance. I do not have the figure on that. You would have to contact the school district for a break out on their liability coverage.
I hope this answers your questions.
Ignorant Spencer Lofton’s letter to Mr. Douglas of September 5, 2018 at 8:42 PM
I understand all of your requirements but the requirements for us to carry our own insurance on the property and pay for additional insurance which is carried under the name of the district. Is this a misunderstanding on my part or is there a law which requires our municipality to carry additional property insurance during a lease? If so, please provide me with the reference for this requirement in order for me to take this to our council for review.