July 11, 2017<\/p>\n
Members Present:<\/p>\n
Chris Velasquez, Vice President
\nLori Hagen, Secretary
\nPhillip Sapien, Member
\nArt Silva, Member
\nKathleen Webb, Member
\nMembers Absent: Virginia Trujillo, President<\/p>\n
Guests: Mary Tarango, Principal
\nRita Hirschy, COO
\nReg Olson, Realtor<\/p>\n
Governance Council Called to Order at 6:00 p.m. by Chris Velasquez
\nRoll Call of Members
\n\u2022 Quorum met – the members in attendance of this Special Meeting of the Governance
\nCouncil of 21 st Century Public Academy represents a duly qualified quorum as
\nspecified in its ByLaws.
\nApprove the Proposed Agenda of five resolutions of Official Business
\n\u2022 a Motion to approve Proposed Agenda of five resolutions by Phil Sapien
\n\u2022 and a Second by Kathleen Webb
\n\u2022 All in favor, all. Opposed none
\nThis is a Special Meeting of the Governance Council of 21 st Century Public Academy and is
\nbeing held in full accordance and pursuant to the 21 st Century Public Academy Governance
\nCouncil Open Meeting Policy Resolution of 9-1- 2015. All requirements to hold this Special
\nMeeting of the 21 st Century Public Academy Governance Council have been met.
\nThe Purpose of this Special Meeting of the Governance Council of 21 st Century Public
\nAcademy is to restate previous actions, review, and determination by the Governance
\nCouncil of 21 st Century Public Academy in reference to approving the Lease Purchase
\nAgreement with Meld LLC to occupy the 4300 Cutler Avenue NE location, which occurred at
\nits regular meeting on May 4, 2017. This Lease Purchase Agreement was forwarded to NM
\nPublic Education Department as required and in accordance with Section 22-26A- 4(A)
\nNMSA 1978, part of the Public School Lease Purchase Act, Chapter 22, Article 26A NMSA
\n1978.
\nAs required by Section 22-26A- 6(B) NMSA 1978, part of the Public School Lease Purchase
\nAct, Chapter 22, Article 26A NMSA 1978, the Governance Council of 21 st Century Public
\nAcademy has by review, discussion, and resolutions over the past two years (since April 3,
\n2015) have met these requirements of the State of New Mexico Statues and will Restate
\nApproved
\nMinutes<\/p>\n
these requirements by resolution at this Special Meeting of the Governance Council of 21 st
\nCentury Public Academy.
\nI. ACTION ITEM<\/p>\n
21 st Century Public Academy<\/p>\n
Governance Council Resolution No. 7-11- 2017 #1<\/p>\n
1 st Resolution: Make a Determination of the Necessity of Acquiring the Proposed
\nLocation of 4300 Cutler Avenue NE through a Lease Purchase Agreement
\nBe It Resolved that 21 st Century Public Academy Governance Council has made the
\ndetermination that it is necessary for the 21 st Century Public Academy Charter School to be
\nlocated in a Permanent Location.
\nWhereas, the location of 4300 Cutler Avenue NE best fulfills the Permanent Location
\ndetermination; and will allow for continued growth of the student population and the
\nproper, safe, and nurturing environment that will promote academic success for its
\nstudents.
\nThe Governance Council for 21 st Century Public Academy stipulates the following occurred:
\nThis determination was made by establishing a Long Range Planning Committee in
\nApril of 2015 to identify the long-range direction and goals for 21 st Century Public
\nAcademy Charter School and once a permanent facility determination was concluded,
\nthe Governance Council established a School Building Strategy Committee in
\nNovember of 2015 and that this committee reported monthly to the 21 st Century
\nPublic Academy Governance Council.
\nThat for the school year that started in August of 2015 two additional portable building
\nhad to be added to accommodate the existing student population.
\nThat the existing building location lease was scheduled to expire in the summer of
\n2017.
\nThat Albuquerque Public Schools had not been able to produce a satisfactory
\nalternative location for the school after seven years and that Albuquerque Public
\nSchools, itself, did not have any sites available for relocation of 21st Century Public
\nAcademy.
\nThat the School Building Strategy Committee toured multiple possible locations
\nthroughout the Albuquerque area.
\nAnd that the site at the 4300 Cutler Avenue NE location best fulfilled the requirements
\nas specified in the Charter filed for the operation of 21 st Century Public Academy with
\nthe State of New Mexico, requiring ready access to Public Transportation to facilitate
\nOff Site Instructional Outings, the potential for continued growth of the Charter
\nSchool, and a safe, nurturing environment to promote academic success for its
\nattending students.
\nFiscally the 21 st Century Public Academy Governance Council analyzed at its regular
\nmeetings of December 2015, February 2016, April 2016 the funding sources and
\ntypes of arrangements (lease versus lease purchase versus Albuquerque Public
\nSchools provided facilities) with a final resolution vote occurring in August 2, 2016 to
\npursue the Lease Option Purchase of the 4300 Cutler Avenue NE site location.
\nResults of Special Meeting<\/p>\n
\u2022\u00a0A Motion on the Determination of the Necessity of Acquiring the Location of the
\n4300 Cutler Avenue NE through a Lease Purchase Agreement by Lori Hagen
\n\u2022 A Second by Phil Sapien
\n\u2022 All in Favor, all. Opposed, none<\/p>\n
THE RESOLUTION IS APPROVED
\n21 st Century Public Academy<\/p>\n
Governance Council Resolution No. 7-11- 2017 #2<\/p>\n
2 nd Resolution: Determine the Estimate Cost of the proposed Building Location of
\n4300 Cutler Avenue NE
\nBe It Resolved that 21 st Century Public Academy Governance Council has evaluated and
\nmade the determination an Estimated Cost for the Acquisition of the property of the
\nbuilding and real property and the renovations of any existing building to conform to
\nFederal and State of New Mexico Public School codes and standards not to exceed a limit of
\n8.5 million dollars.
\nFiscally the 21 st Century Public Academy Governance Council analyzed at its regular
\nmeetings of December 2015, February 2016, April 2016 the funding sources and
\ntypes of arrangements (lease versus lease purchase versus Albuquerque Public
\nSchools provided facilities) with a final resolution vote occurring in August 2, 2016 to
\npursue the Lease Option Purchase of the 4300 Cutler Avenue NE site location.
\nEstimated costs of proposed buildings or locations was part of this comprehensive
\nreview.<\/p>\n
Results of Special Meeting
\n\u2022\u00a0A Motion on the Determination of the Estimated Costs associated with Acquiring a
\nPermanent Location by Kathleen Webb
\n\u2022 A Second by Phill Sapien
\n\u2022 All in favor, all, Opposed none<\/p>\n
THE RESOLUTION IS APPROVED<\/p>\n
21 st Century Public Academy<\/p>\n
Governance Council Resolution No. 7-11- 2017 #3<\/p>\n
3 rd Resolution: Review a Summary of Terms of the Proposed Lease Purchase
\nAgreement for the 4300 Cutler Avenue NE
\nBe It Resolved that 21 st Century Public Academy Governance Council has fully reviewed the
\nentire Lease Purchase Agreement prior to forwarding it, as statutes require, to the New
\nMexico Public Education Department.
\nThat at its regular meeting of the Governance Council for 21 st Century Public Academy
\noccurring on May 4, 2017 a full review of the proposed Lease Purchase Agreement
\nbetween Meld LLC (the current property owners) and 21 st Century Public Academy
\n(the charter school). It was further explained that attorneys for both the property
\nowner and the charter school had actively been involved in the drafting of this
\nProposed Lease Purchase Agreement with direct attention and wording placed to be
\nas compliant with the current instructions and statutes by the New Mexico Public
\nEducation Department as was possible to include.
\nThat a summary of Terms of the Proposed Lease Purchase Agreement has been
\nproduced and is included in this resolution.
\nThat a vote by the Governance Council for 21 st Century Public Academy occurred on
\nMay 4, 2017 after the full and thorough review of the entire Proposed Lease Purchase
\nAgreement between Meld LLC (the current property owners) and 21 st Century Public
\nAcademy (the charter school) and that no changes or alterations were suggested or
\nrequired of this Proposed Lease Purchase Agreement legal document.
\nThat the Governance Council for 21 st Century Public Academy authorized its Council
\nPresident to sign the Proposed Lease Purchase Agreement on behalf of 21 st Century
\nPublic Academy.
\nAnd that the Proposed Lease Purchase Agreement be forwarded to the New Mexico
\nPublic Education Department as required by statutes (section 22-26A- 4(B) NMSA
\n1978, part of the Public School Lease Purchase Act, Chapter 22, Article 26A NMSA
\n1978), which occurred on June 1, 2017 for its review and approval.<\/p>\n
Attachment for Resolution #3<\/p>\n
Summary of Terms of the Proposed Lease Purchase Agreement<\/p>\n
For 4300 Cutler Avenue NE<\/p>\n
Current Owner: Meld LLC
\nCharter School: 21 st Century Public Academy
\nCommencement Date: August 1 st , 2017 or on completion of building improvements<\/p>\n
Purchase Cost of Building\/Real Property: $5,500,000.00 (price cost fixed if no additional
\nimprovement\/construction cost overruns beyond estimate)
\nEstimated Monthly Payment: $36,591.64 (to be reassessed if anticipated construction costs
\nexceed estimates)
\nPurchase Cost Interest Rate: 7% per year
\nTerm of Monthly Payments: 30 years
\nAddendum 3: the current owner will perform all necessary renovations and construction to
\nbring the current building into compliance with the NMPSFA requirements for a charter
\nschool, and if actual construction cost exceed estimate that an adjustment to the
\nProposed Lease Purchase Agreement final Purchase Cost (Base Cost plus Construction
\nCost) is required and will change estimated monthly payment amount
\na 1-year warranty exists on all Construction for defects or workmanship
\nAddendum 5: a 30-year schedule of estimated monthly payments fulfilling the purchase
\ncost of the Proposed Lease Purchase Agreement within the maximum 30-year period
\nPart C Statement by the Governance Council for 21 st Century Public Academy that entering
\ninto this Proposed Lease Purchase Agreement is in the Best Interest of the charter school
\nas required by Statutes by the New Mexico Public Education Department
\nThat this Lease Purchase Agreement will become terminated upon non-appropriation of
\nfunds
\nThat the Governance Council for 21 st Century Public Academy Charter School is not aware
\nof any current or pending Legal actions
\nThat the Governance Council for 21 st Century Public Academy Charter School will
\nappropriate into its annual budget process sufficient funds to fulfill this Proposed Lease
\nPurchase Agreement each year
\nThat a Security Deposit must be made to the Owner of the property (Meld LLC) in the
\namount of $10,000.00 and that amount must be maintained each month even if the owner
\nwithdrawals from this account for agreement related expenses
\nThat there is an Option to Purchase the Building and related Real Property by the School in
\nthe amount of $1.00 within the terms of this Proposed Lease Purchase Agreement
\nThat the Closing Costs for the Purchase of the Building and related Real Property shall be
\nsplit by both parties equally
\nThat there is no Obligation to Purchase the Building and related Real Property by 21 st
\nCentury Public Academy Charter School
\nThat 21 st Century Public Academy Charter School is NOT required to establish a Repair and
\nReplacement Fund
\nThat 21 st Century Public Academy Charter School is responsible solely for all Utilities and
\nrelated required deposits
\nThat 21 st Century Public Academy Charter School is responsible for maintaining the \u201cPublic
\nProperty\u201d status for exemption from County\/Local property taxes or must pay said
\nProperty Taxes if levied
\nThat 21 st Century Public Academy Charter School is responsible for maintaining Insurance
\nCoverage (Liability, Structural, Flood, Earthquake) per the requirements of NMPSIA and
\nname both owner and charter school as co-insured.<\/p>\n
Results of Special Meeting
\n\u2022\u00a0A Motion on the Review of the entire Proposed Lease Purchase Agreement legal
\ndocument associated with acquiring the Location of the 4300 Cutler Avenue NE
\nby the 21 st Century Public Academy Governance Council by Lori Hagen<\/p>\n
\u2022 A Second by Kathleen Webb
\n\u2022 All in favor, all. Opposed, none<\/p>\n
THE RESOLUTION IS APPROVED<\/p>\n
21 st Century Public Academy<\/p>\n
Governance Council Resolution No. 7-11- 2017 #4<\/p>\n
4 th Resolution: Identify the Source (or Sources) of Funding to Enter Into a Lease
\nPurchase Agreement for the 4300 Cutler Avenue NE
\nBe It Resolved that 21 st Century Public Academy Governance Council restates that it has
\nfully reviewed and identified funding sources to enter into a Proposed Lease Purchase
\nAgreement for the 4300 Cutler Avenue NE building and real property included.
\nThat Source or sources of Funding to enter into a Proposed Lease Purchase Agreement
\nfor the 4300 Cutler Avenue NE location were presented to the 21 st Century Public
\nAcademy Governance Council over a series of regular meetings on December 2015,
\nFebruary 2016, April 2016, August 2016, November 2016, December 2016, February
\n2017, March 2017, April 2017, and with a final review and vote to approve the entire
\nproposed Lease Purchase Agreement including funding sources on May 4, 2017.
\nThe details of those funding sources are:
\n1) A MOU with Albuquerque Public Schools to access funds from the 2010 Mill
\nLevy election for the amount of $1,583,258.00.
\n2) Lease Reimbursement Funds, application submitted annually to the State of
\nNew Mexico.
\n3) Account 31600, HB-33 funds, with a current balance of $588,710.00.
\n4) Account 31701, SB-9 funds, with a current balance of $171,897.00.
\n5) HB-33 funds were re-established in the 2016 election for 5 years of
\nadditional funds for an approximate revenue stream of $2,000,000.00 to the
\n21 st Century Public Academy over the next five years.<\/p>\n
That Source or sources of Funding to enter into a Proposed Lease Purchase Agreement
\nfor the 4300 Cutler Avenue NE location were presented by a Memorandum dated June
\n1, 2017 and submitted to the New Mexico Public Education Department.<\/p>\n
Results of Special Meeting
\n\u2022\u00a0A Motion on the Review\/Identify of the Funding Source or Sources for the
\nProposed Lease Purchase Agreement by Phil Sapien
\n\u2022 A Second by Lori Hagen
\n\u2022 All in favor, all. Opposed none<\/p>\n
THE RESOLUTION IS APPROVED<\/p>\n
21 st Century Public Academy<\/p>\n
Governance Council Resolution No. 7-11- 2017 #5<\/p>\n
5 th Resolution: Determine that a Lease Purchase Agreement is in the Best Interest of
\n21 st Century Public Academy Charter School.
\nBe It Resolved that 21 st Century Public Academy Governance Council has made the
\ndetermination that a Lease Purchase Agreement is in the Best Interest of 21 st Century
\nPublic Academy Charter School.
\nThe Governance Council for 21 st Century Public Academy restates that after thorough and
\ncomprehensive determination that the Lease Purchase Agreement was and is considered
\nthe Best Approach for 21 st Century Public Academy to acquire a Permanent Facility and
\nLocation:
\nThis determination was made by establishing a long range planning committee in April
\nof 2015 to identify the long range direction and goals for 21 st Century Public Academy
\nCharter School and once a permanent facility determination was concluded, the
\nGovernance Council established a School Building Strategy Committee in November of
\n2015 to facilitate the information and selection of a permanent site location and that
\nthis committee reported monthly to the 21 st Century Public Academy Governance
\nCouncil.
\nThat the existing building location lease was scheduled to expire in the summer of
\n2017.
\nThat Albuquerque Public Schools had not been able to produce a satisfactory
\nalternative location for the school after seven years and that Albuquerque Public
\nSchools, itself, did not have any sites available for relocation of 21 st Century Public
\nAcademy.
\nThat more than twenty-four Governance Council meetings have occurred where
\ncontinuing updates and reports have been made from Long Range Planning
\nCommittee, The School Building Strategy Committee and the Finance Committee to
\nthe 21 st Century Public Academy Governance Council in regards to determining the
\nBest Course of action for 21 st Century Public Academy Charter School to secure a
\npermanent location and how to undertake the financing of this goal.
\nThat the 21 st Century Public Academy Governance Council has thoughtfully and
\nthoroughly reviewed the advantages and disadvantages of Lease versus Lease
\nPurchase options versus Albuquerque Public School System providing a facility for
\nattaining a permanent location for the Charter School.
\nThat the 21 st Century Public Academy Governance Council approved the Proposed
\nLease Purchase Agreement as submitted to the State of New Mexico Public Education
\nDepartment with wording on page 29 of Part C, Item III of the Proposed lease
\nPurchase Agreement:
\n\u201cSchool has determined it is in the best interests of School to lease, with an option to purchase, the
\nPremises from Landlord pursuant to this Lease, and the \u201cBoard\u201d has duly authorized entering into
\nthis Lease; and Landlord has determined it is in the best interests of Landlord to lease, with an<\/p>\n
option to purchase, the Premises to School pursuant to this Lease, and that Landlord has duly
\nauthorized entering into this Lease.\u201d<\/p>\n
Results of Special Meeting
\n\u2022\u00a0A Motion on the Determination that a Lease Purchase Agreement is in the Best
\nInterest of 21 st Century Public Academy Charter School by Kathleen Webb
\n\u2022 A Second by Art Silva
\n\u2022 All in favor, all. Opposed, none.<\/p>\n
THE RESOLUTION IS APPROVED<\/p>\n
II. OPEN FORUM<\/p>\n
No public comment was presented at this Open Special Meeting of the Governance
\nCouncil of 21 st Century Public Academy on July 11, 2017.
\nChris Velasquez thanked NMDI for the use of their facilities for this meeting.<\/p>\n
Next Meeting
\n\u2022 Tuesday, July 11, 2017
\nMotion to Adjourn made by Lori Hagen
\n\u2022 Seconded by Kathleen Webb
\n\u2022 All in favor, all. Opposed none.
\nMeeting Adjourned at 6.25 p.m.<\/p>\n
<\/p>\n
Governance Council Resolution No. 7-11- 2017 #1<\/p>\n
1 st Resolution: Make a Determination of the Necessity of Acquiring the Proposed
\nLocation of 4300 Cutler Avenue NE through a Lease Purchase Agreement
\nBe It Resolved that 21 st Century Public Academy Governance Council has made the
\ndetermination that it is necessary for the 21 st Century Public Academy Charter School to be
\nlocated in a Permanent Location.
\nWhereas, the location of 4300 Cutler Avenue NE best fulfills the Permanent Location
\ndetermination; and will allow for continued growth of the student population and the
\nproper, safe, and nurturing environment that will promote academic success for its
\nstudents.
\nWhereas, a Lease Purchase Agreement is the best fiscal solution for 21 st Century Public
\nAcademy Charter School
\nThe Governance Council for 21 st Century Public Academy stipulates that the following
\noccurred:
\nThis determination was made by establishing a Long Range Planning Committee in
\nApril of 2015 to identify the long-range direction and goals for 21 st Century Public
\nAcademy Charter School and once a permanent facility determination was concluded,
\nthe Governance Council established a School Building Strategy Committee in
\nNovember of 2015 and that this committee reported monthly to the 21 st Century
\nPublic Academy Governance Council.
\nThat for the school year that started in August of 2015 two additional portable building
\nhad to be added to accommodate the existing student population.
\nThat the existing building location lease was scheduled to expire in the summer of
\n2017.
\nThat Albuquerque Public Schools had not been able to produce a satisfactory
\nalternative location for the school after seven years and that Albuquerque Public
\nSchools, itself, did not have any sites available for relocation of 21 st Century Public
\nAcademy.
\nThat the School Building Strategy Committee toured multiple possible locations
\nthroughout the Albuquerque area.
\nAnd that the site at the 4300 Cutler Avenue NE location best fulfilled the requirements
\nas specified in the Charter filed for the operation of 21 st Century Public Academy with
\nthe State of New Mexico, requiring ready access to Public Transportation to facilitate
\nOff Site Instructional Outings, the potential for continued growth of the Charter
\nSchool, and a safe, nurturing environment to promote academic success for its
\nattending students.
\nFiscally the 21 st Century Public Academy Governance Council analyzed at its regular
\nmeetings of December 2015, February 2016, April 2016 the funding sources and
\ntypes of arrangements (lease versus lease purchase versus Albuquerque Public
\nSchools provided facilities) with a final resolution vote occurring in August 2, 2016 to
\npursue the Lease Option Purchase of the 4300 Cutler Avenue NE site location.<\/p>\n
21 st Century Public Academy<\/p>\n
Governance Council Resolution No. 7-11- 2017 #2<\/p>\n
2 nd Resolution: Determine the Estimate Cost of the proposed Building Location of
\n4300 Cutler Avenue NE
\nBe It Resolved that 21 st Century Public Academy Governance Council has evaluated and
\nmade the determination an Estimated Cost for the Acquisition of the property of the
\nbuilding and real property and the renovations of any existing building to conform to
\nFederal and State of New Mexico Public School codes and standards not to exceed a limit of
\n8.5 million dollars.
\nFiscally the 21 st Century Public Academy Governance Council analyzed at its regular
\nmeetings of December 2015, February 2016, April 2016 the funding sources and
\ntypes of arrangements (lease versus lease purchase versus Albuquerque Public
\nSchools provided facilities) with a final resolution vote occurring in August 2, 2016 to
\npursue the Lease Option Purchase of the 4300 Cutler Avenue NE site location.
\nEstimated costs of proposed buildings or locations was part of this comprehensive
\nreview.<\/p>\n
21 st Century Public Academy<\/p>\n
Governance Council Resolution No. 7-11- 2017 #3<\/p>\n
3 rd Resolution: Review a Summary of Terms of the Proposed Lease Purchase
\nAgreement for the 4300 Cutler Avenue NE
\nBe It Resolved that 21 st Century Public Academy Governance Council has fully reviewed the
\nentire Lease Purchase Agreement prior to forwarding it, as statutes require, to the New
\nMexico Public Education Department.
\nThat at its regular meeting of the Governance Council for 21 st Century Public Academy
\noccurring on May 4, 2017 a full review of the proposed Lease Purchase Agreement
\nbetween Meld LLC (the current property owners) and 21 st Century Public Academy
\n(the charter school). It was further explained that attorneys for both the property
\nowner and the charter school had actively been involved in the drafting of this
\nProposed Lease Purchase Agreement with direct attention and wording placed to be
\nas compliant with the current instructions and statutes by the New Mexico Public
\nEducation Department as was possible to include.
\nThat a summary of Terms of the Proposed Lease Purchase Agreement has been
\nproduced and is included in this resolution.
\nThat a vote by the Governance Council for 21 st Century Public Academy occurred on
\nMay 4, 2017 after the full and thorough review of the entire Proposed Lease Purchase
\nAgreement between Meld LLC (the current property owners) and 21 st Century Public
\nAcademy (the charter school) and that no changes or alterations were suggested or
\nrequired of this Proposed Lease Purchase Agreement legal document.
\nThat the Governance Council for 21 st Century Public Academy authorized its Council
\nPresident to sign the Proposed Lease Purchase Agreement on behalf of 21 st Century
\nPublic Academy.
\nAnd that the Proposed Lease Purchase Agreement be forwarded to the New Mexico
\nPublic Education Department as required by statutes (section 22-26A- 4(B) NMSA
\n1978, part of the Public School Lease Purchase Act, Chapter 22, Article 26A NMSA
\n1978), which occurred on June 1, 2017 for its review and approval.<\/p>\n
Attachment for Resolution #3<\/p>\n
Summary of Terms of the Proposed Lease Purchase Agreement<\/p>\n
For 4300 Cutler Avenue NE<\/p>\n
Current Owner: Meld LLC
\nCharter School: 21 st Century Public Academy
\nCommencement Date: August 1 st , 2017 or on completion of building improvements
\nPurchase Cost of Building\/Real Property: $5,500,000.00 (price cost fixed if no additional
\nimprovement\/construction cost overruns beyond estimate)
\nEstimated Monthly Payment: $36,591.64 (to be reassessed if anticipated construction costs
\nexceed estimates)
\nPurchase Cost Interest Rate: 7% per year
\nTerm of Monthly Payments: 30 years
\nAddendum 3: the current owner will perform all necessary renovations and construction to
\nbring the current building into compliance with the NMPSFA requirements for a charter
\nschool, and if actual construction cost exceed estimate that an adjustment to the
\nProposed Lease Purchase Agreement final Purchase Cost (Base Cost plus Construction
\nCost) is required and will change estimated monthly payment amount
\na 1-year warranty exists on all Construction for defects or workmanship
\nAddendum 5: a 30-year schedule of estimated monthly payments fulfilling the purchase
\ncost of the Proposed Lease Purchase Agreement within the maximum 30-year period
\nPart C Statement by the Governance Council for 21 st Century Public Academy that entering
\ninto this Proposed Lease Purchase Agreement is in the Best Interest of the charter school
\nas required by Statutes by the New Mexico Public Education Department
\nThat this Lease Purchase Agreement will become terminated upon non-appropriation of
\nfunds
\nThat the Governance Council for 21 st Century Public Academy Charter School is not aware
\nof any current or pending Legal actions
\nThat the Governance Council for 21 st Century Public Academy Charter School will
\nappropriate into its annual budget process sufficient funds to fulfill this Proposed Lease
\nPurchase Agreement each year
\nThat a Security Deposit must be made to the Owner of the property (Meld LLC) in the
\namount of $10,000.00 and that amount must be maintained each month even if the owner
\nwithdrawals from this account for agreement related expenses
\nThat there is an Option to Purchase the Building and related Real Property by the School in
\nthe amount of $1.00 within the terms of this Proposed Lease Purchase Agreement
\nThat the Closing Costs for the Purchase of the Building and related Real Property shall be
\nsplit by both parties equally
\nThat there is no Obligation to Purchase the Building and related Real Property by 21 st
\nCentury Public Academy Charter School
\nThat 21 st Century Public Academy Charter School is NOT required to establish a Repair and
\nReplacement Fund
\nThat 21 st Century Public Academy Charter School is responsible solely for all Utilities and
\nrelated required deposits
\nThat 21 st Century Public Academy Charter School is responsible for maintaining the \u201cPublic
\nProperty\u201d status for exemption from County\/Local property taxes or must pay said
\nProperty Taxes if levied
\nThat 21 st Century Public Academy Charter School is responsible for maintaining Insurance
\nCoverage (Liability, Structural, Flood, Earthquake) per the requirements of NMPSIA and
\nname both owner and charter school as co-insured.<\/p>\n
21 st Century Public Academy<\/p>\n
Governance Council Resolution No. 7-11- 2017 #4<\/p>\n
4 th Resolution: Identify the Source (or Sources) of Funding to Enter Into a Lease
\nPurchase Agreement for the 4300 Cutler Avenue NE
\nBe It Resolved that 21 st Century Public Academy Governance Council restates that it has
\nfully reviewed and identified funding sources to enter into a Proposed Lease Purchase
\nAgreement for the 4300 Cutler Avenue NE building and real property included.
\nThat Source or sources of Funding to enter into a Proposed Lease Purchase Agreement
\nfor the 4300 Cutler Avenue NE location were presented to the 21 st Century Public
\nAcademy Governance Council over a series of regular meetings on December 2015,
\nFebruary 2016, April 2016, August 2016, November 2016, December 2016, February
\n2017, March 2017, April 2017, and with a final review and vote to approve the entire
\nproposed Lease Purchase Agreement including funding sources on May 4, 2017.
\nThe details of those funding sources are:
\n1) A MOU with Albuquerque Public Schools to access funds from the 2010 Mill
\nLevy election for the amount of $1,583,258.00.
\n2) Lease Reimbursement Funds, application submitted annually to the State of
\nNew Mexico.
\n3) Account 31600, HB-33 funds, with a current balance of $588,710.00.
\n4) Account 31701, SB-9 funds, with a current balance of $171,897.00.
\n5) HB-33 funds were re-established in the 2016 election for 5 years of
\nadditional funds for an approximate revenue stream of $2,000,000.00 to the
\n21 st Century Public Academy over the next five years.<\/p>\n
That Source or sources of Funding to enter into a Proposed Lease Purchase Agreement
\nfor the 4300 Cutler Avenue NE location were presented by a Memorandum dated June
\n1, 2017 and submitted to the New Mexico Public Education Department.<\/p>\n
21 st Century Public Academy<\/p>\n
Governance Council Resolution No. 7-11- 2017 #5<\/p>\n
5 th Resolution: Determine that a Lease Purchase Agreement is in the Best Interest of
\n21 st Century Public Academy Charter School.
\nBe It Resolved that 21 st Century Public Academy Governance Council has made the
\ndetermination that a Lease Purchase Agreement is in the Best Interest of 21 st Century
\nPublic Academy Charter School.
\nThe Governance Council for 21 st Century Public Academy restates that after thorough and
\ncomprehensive determination that the Lease Purchase Agreement was and is considered
\nthe Best Approach for 21 st Century Public Academy to acquire a Permanent Facility and
\nLocation:
\nThis determination was made by establishing a Long Range Planning Committee in
\nApril of 2015 to identify the long range direction and goals for 21 st Century Public
\nAcademy Charter School and once a permanent facility determination was concluded,
\nthe Governance Council established a School Building Strategy Committee in
\nNovember of 2015 to facilitate the information and selection of a permanent site
\nlocation and that this committee reported monthly to the 21 st Century Public Academy
\nGovernance Council.
\nThat the existing building location lease was scheduled to expire in the summer of
\n2017.
\nThat Albuquerque Public Schools had not been able to produce a satisfactory
\nalternative location for the school during the past seven years and that Albuquerque
\nPublic Schools, itself, did not have any sites available for relocation of 21 st Century
\nPublic Academy.
\nThat more than twenty-four Governance Council meetings have occurred where
\ncontinuing updates and reports have been made from Long Range Planning
\nCommittee, The School Building Strategy Committee and the Finance Committee to
\nthe 21 st Century Public Academy Governance Council in regards to determining the
\nBest Course of action for 21 st Century Public Academy Charter School to secure a
\npermanent location and how to undertake the financing of this goal.
\nThat the 21 st Century Public Academy Governance Council has thoughtfully and
\nthoroughly reviewed the advantages and disadvantages of Lease versus Lease
\nPurchase options versus Albuquerque Public School System providing a facility for
\nattaining a permanent location for the Charter School.
\nThat the 21 st Century Public Academy Governance Council approved the Proposed
\nLease Purchase Agreement as submitted to the State of New Mexico Public Education
\nDepartment with wording on page 29 of Part C, Item III of the Proposed Lease
\nPurchase Agreement:
\n\u201cSchool has determined it is in the best interests of School to lease, with an option to purchase, the
\nPremises from Landlord pursuant to this Lease, and the \u201cBoard\u201d has duly authorized entering into
\nthis Lease; and Landlord has determined it is in the best interests of Landlord to lease, with an
\noption to purchase, the Premises to School pursuant to this Lease, and that Landlord has duly
\nauthorized entering into this Lease.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
July 11, 2017 Members Present: Chris Velasquez, Vice President Lori Hagen, Secretary Phillip Sapien, Member Art Silva, Member Kathleen Webb, Member Members Absent: Virginia Trujillo, President Guests: Mary Tarango, Principal Rita Hirschy, COO Reg Olson, Realtor Governance Council Called to Order at 6:00 p.m. by Chris Velasquez Roll Call of Members \u2022 Quorum met – […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[9],"tags":[],"_links":{"self":[{"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/3923"}],"collection":[{"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3923"}],"version-history":[{"count":3,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/3923\/revisions"}],"predecessor-version":[{"id":3926,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/3923\/revisions\/3926"}],"wp:attachment":[{"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3923"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3923"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3923"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}