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30‑day termination clause and 'as‑is' environmental liability prompt legal review before signing lease
Summary
Committee members urged legal review of the lease's Section 3 30‑day termination provision and the paragraph 4 'as‑is' environmental liability clause, warning that known environmental conditions should be disclosed and that the termination clause could undercut repair obligations before the board signs the agreement.
A committee member opened the meeting by flagging a key legal risk in the draft lease: Section 3 allows termination on 30 days’ notice, with or without cause, which could negate negotiated repair obligations. "There really is no obligation on the town's part to do anything because they could always terminate under section 3," the member said, urging awareness of the clause before the board signs the lease.
The same speaker questioned paragraph 4's "as‑is" language and the lease's environmental liability allocation, asking that any known environmental issues be disclosed prior to signature. "If you know of a problem and haven't told us that I'm concerned about that," the member said, and recommended the town run the lease past its counsel to check for any law changes and to explicitly note known site issues before execution.
Committee members also reviewed the defined leased spaces and supporting diagrams: the lease lists gymnasium, cafeteria, kitchen, office space, two classrooms and bathrooms and references 11,300 square feet. Participants asked Steve to confirm current usage and to provide updated square footage and a diagram that reflects use of an additional former school psychology office now used as office space.
Several speakers noted an ongoing collaborative relationship between the town and Region 19 staff to handle minor repairs in the interim and said they have been communicating through monthly meetings about maintenance. Nonetheless, the committee agreed to send the lease back to the town attorney for a targeted review and to have that review documented before bringing the lease to the board for a signature vote.
Next steps: Sharon will forward the lease to the same attorney who previously reviewed it; staff will highlight the termination/repair and environmental provisions and report counsel's guidance at a future meeting. No formal action was taken at this meeting.
