Section Ed 323.03 - Lease Agreements(a) Pursuant to RSA 198:15-hh, a lease shall be approved by the charter school board of trustees.(b) Pursuant to RSA 198:15-hh, an initial lease shall be for a term of 10 years or less to be eligible to receive lease aid.(c) A lease shall continue until its term expires. The sale of the property by the owner or a declaration of bankruptcy by the owner shall not terminate the agreement entered into with the charter school.(d) The lease shall state the parties responsible for carrying out the following activities, the procedures for carrying out such activities, and the cost of and payment for completing the activities:(1) Maintenance of the facility;(e) Costs for utilities, heat, and the items listed in (d) above shall not be eligible for reimbursement. If utility costs are included in the monthly or annual lease payment, the property owner shall separate those costs from the rental costs on the invoice submitted to the charter school.(f) Costs for space beyond what is required for the operation of the charter school is not eligible for reimbursement. If space is leased beyond what is necessary for the operation of the charter school, the property owner shall separate those costs on the invoice submitted to the charter school.(g) The lease shall include the necessary provisions to allow for the duties identified in Ed 323.05 to be met. (h) The lease shall include a provision to allow early termination of the lease by the applicant in the event the building is no longer required to meet the needs of the charter school.(i) The lease shall include a provision for early termination by the charter school in the event the property owner fails to fulfill the terms of the lease.(j) The lease shall include a provision that requires the property owner to give notice of at least 60 days prior to early termination of the lease by the property owner.N.H. Admin. Code § Ed 323.03
Derived from Volume XLI Number 23, Filed June 10, 2021, Proposed by #13207, Effective 5/20/2021, Expires 5/20/2031