Lease for Bellerose signed by both parties, agreement details explained
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The lease agreement between the Northport-East Northport Union Free School District and Variety Child Learning Center for areas of Bellerose Avenue Elementary School was signed by both parties last Thursday, September 5. The lease term begins on July 1, 2025 and ends on June 30, 2035. The school building is to be used for educational programs and related services, including programs for children with disabilities.
The premises can only be used Monday through Friday from 6:30am to 6pm for Variety Child’s programs, according to the lease agreement. Special events will require the district’s written consent and must be scheduled ten days in advance. The district can terminate the lease with six months’ notice, the agreement reads, if there are significant changes affecting the school district or community.
Other important elements within the 30-page lease agreement are detailed below, provided via FOIL request by the district to the Northport Journal.
Premises and Rent
The portion of building premises being leased to Variety Child will roll out in three phases. Beginning in July 2025, Variety Child will lease a total of approximately 15,302 square feet, which includes ten classrooms, the main office, counselor area, copy/work room, speech room, girls and boys bathrooms, computer room, gym and nurses office suite. In year two, the lease includes additional classrooms and bathrooms, plus the music/orchestra room, stage, art room, custodial office and storage areas, bringing the total area leased to 27,592 square feet.
In year three, the leased space includes 38,617 square feet of space, which includes additional classrooms, the all purpose room, kitchen and library.
The initial rent starts at $267,785 annually, with monthly payments of $22,315.42. Rent will increase annually, reaching up to $881,762 by the end of the ten-year lease term, with monthly payments growing from $22,315.42 to $73,480.20.
District Responsibilities
As per the lease agreement, the district retains ownership of the premises and reserves its rights to exterior portions of Bellerose and any areas not being leased. The playing fields and playgrounds are not included in the lease, but Variety Child is granted exclusive use of the adjacent playing field and a small playground during program hours. If the tenant chooses to install playgrounds, it’s at their own expense, following all applicable laws and providing adequate supervision.
The district will designate a parking area for Variety Child, but the parking is non-exclusive and provided “as-is.”
The district will provide utilities up to $125,000 per year and is responsible for maintaining the common areas, landscaping and snow removal. Costs exceeding this amount are the tenant’s responsibility. Snow in excess of two inches will be removed by the district, but Variety Child is responsible for maintaining sidewalks and applying de-icing materials during smaller snowfalls. The tenant must also handle custodial services and garbage disposal, using a refuse company approved by the landlord.
Variety Child cannot alter the building’s exterior colors or architectural features without prior landlord approval. Any alterations to the building must first be approved by the district.
The tenant is responsible for maintaining the leased premises in good order, including making repairs not covered by the district, which includes keeping the premises clean, maintaining the building’s interior and repairing any window damage related to the tenant’s use.
The district will maintain plumbing, heating, electrical systems and lighting fixtures. It is also responsible for structural repairs to the roof, walls and foundation, but any repairs resulting from the Variety Child’s actions or negligence are the tenant’s own responsibility.
The lease specifies that Variety Child is responsible for installing and maintaining its own phone and internet services. The district must maintain various insurance coverages, including fire, rent and storm damage insurance.
Damage Provisions
If the leased premises become unusable due to incidents such as a fire, accident or dangerous condition, rent payments will be suspended until the space becomes functional again. If only part of the premises is affected, rent will continue, but only for the portion that remains usable, as determined by the district.
The district is responsible for repairing structural damage, but not for replacing tenant-installed equipment or furnishings. Delays caused by insurance claims or supply issues absolve the district from liability for extended repair times.
If the damage is a result of tenant negligence or default, the tenant is responsible for the full cost of repairs and continues paying rent in full. In cases of substantial damage, the district reserves the right to terminate the lease within 30 days of the incident, with rent payable up until the cancellation date. The district also has the option to rebuild or provide alternate space if available.
Building Security
The district is not liable for security of the building; it may install surveillance, but is not required to. The tenant will have non-exclusive use of the door buzzer system for entry. The tenant must secure the premises and log visitors.
The tenant is responsible for providing security during school hours (Monday to Friday from 8:30am to 2pm) and for the security of the premises. Variety Child must also submit a security and emergency evacuation plan for landlord approval. During emergencies, the district and emergency responders can access the building.