Lease for Dickinson signed by both parties, agreement details explained

The lease agreement between Western Suffolk BOCES and the Northport-East Northport Union Free School District was signed by both parties on September 11 and 12, allowing BOCES to use a portion of Dickinson Avenue Elementary School in East Northport for one school year. The lease will officially begin on October 1, 2024, and end on June 30, 2025. (The district is confident there is potential for expansion of BOCES programming in future years at the Dickinson location, district officials told the Journal after the August 22 board of education meeting.) 

According to the lease, BOCES can start using the space for free starting September 1. 

BOCES will use Dickinson for instructional programs and related activities, exclusively during school hours. The premises may also serve as a polling location during elections.

BOCES will lease 14,709 square feet from the district, including the main office, several classrooms, the principal’s office and conference room, two bathrooms, the kitchen, library, music room and nurse’s office. Optionally, BOCES can add an extra 3,248 square feet on a prorated basis, bringing the total to 17,957 square feet, which would include additional classrooms and storage areas.

BOCES will pay $201,513 for the one-year lease in monthly installments of $16,792.75, with an additional $3,708.17 per month if the additional space is needed. A security deposit of $33,945.50 is required.

Both parties retain certain termination rights. BOCES can terminate the lease annually on June 30 if enrollment in its programs declines. The district may terminate the lease for reasons such as substantial changes in enrollment, facility needs or other community-related requirements, with 90 days’ written notice to BOCES. 

Other important elements within the 10-page lease agreement are detailed below, provided via FOIL request by the district to the Northport Journal. 

Property Utilities and Maintenance
The lease emphasizes that BOCES must maintain the premises in good condition, excluding normal wear and tear, and must cover the cost of any damage caused by its employees, students or invitees.

The district retains the right to enter the premises for inspections, repairs or alterations necessary to maintain the safety and preservation of the building. BOCES is responsible for replacing any broken glass caused by its activities and must ensure that sidewalks and entryways are kept clear of obstructions.

The district is responsible for providing essential utilities, including heat, electricity and water, as it does for other parts of the building that are currently used for district services. The district allows BOCES to use the existing air conditioners in some rooms, but will not supply additional units. If BOCES wants to install more air conditioners, it will be responsible for both the purchase and installation, including any necessary electrical upgrades needed for their installation.

The district will provide a custodian during school hours to handle cleaning and trash removal for both BOCES and district operations. Additionally, the district will cater up to 30 student meals daily. For these services, BOCES will pay a flat fee of $66,900 per year or $5,575 per month.

Any changes or modifications to the leased premises needed to support BOCES’s programs must be agreed upon by both BOCES and the district. Once both parties agree on what modifications are needed, they will also decide on how the costs for these modifications will be paid.

BOCES is responsible for installing its own IT infrastructure to connect to its network.

Liability and Insurance
BOCES is exempt from liability for damage caused by uncontrollable forces like weather or utility issues unless the damage results from its own negligence. The district will not be held personally liable for any claims or damages, with both parties agreeing to seek compensation only from the respective corporate entities and not individuals involved in the lease.

BOCES must provide insurance as outlined in the lease and show proof of premium payment before occupying the premises.

BOCES must notify the district immediately of any fire, accidents or damage. If the premises are unusable, rent is not required for the affected period. Rent is adjusted proportionally for partially usable spaces.

Parking and Drop-Off/Pick-Up
The district will provide non-exclusive parking for BOCES staff and vehicles, with the same rules as district staff and students. No overnight parking is allowed unless approved by the district.

BOCES and the district will coordinate bus drop-off and pick-up locations and schedules to avoid conflicts with the district’s schedule.

End of Lease
On lease termination, BOCES must vacate the premises, leave them in good condition (normal wear and tear excepted), and remove all personal property. Any unremoved property will be deemed abandoned and can be disposed of by the district.

Fourteen days before lease expiration or termination, the parties will inspect the premises to address any issues related to its return.

An Addendum
Work currently taking place at the Dickinson Avenue Elementary School playground is routine maintenance unrelated to the lease, district officials told the Journal via email; the maintenance was scheduled for this fall to replace the playground mulch. “As the property owner, the school district is responsible for maintaining the playground, including the play surface. The work is being completed prior to BOCES occupying the building,” the email read. “The Dickinson playground is public and therefore accessible to the public outside of school hours and needs to be maintained by the district.”