Facilities to Be Utilized Clause Samples

Facilities to Be Utilized. Legacy’s founders have identified one strong option. Legacy would purchase approximately 3.5 acres of land located at Lava Springs, on the southeast corner of Locust Lane and Southside Road intersection in Nampa, Idaho, and contract to design, build and lease, or purchase a facility. The first choice is to purchase property and design and build a new facility for Legacy. A new facility provides numerous benefits such as: (i) it may be more economical than leasing or purchasing an existing facility; (ii) it promotes a sense of permanence and stability; (iii) it provides more flexibility in terms of design; and (iv) it can avoid certain pitfalls and uncertainties associated with leases. In an effort to provide the most detailed plans possible, the founders have requested site plans or floor plans (with estimated costs) from a developer regarding our facility options. The developer has indicated that actual site plans would require significant testing and engineering, however, they have been willing to provide us with proposed floor plans, estimated costs, and projected time frames for completion of a Legacy facility. After researching this issue and speaking with various schools that have secured financing for their facilities in the first year of operation, the founders have identified the general process and organizations that have experience in this area. Preliminary designs have been developed for a 26,597 square foot facility for a fall 2011 opening. The design is similar to the facilities used by Liberty Charter School and Victory Charter School for their kindergarten through eighth grade students. This design has proven to be functional in terms of its floor plan and is economical to build. Although the Lava Springs opportunity is extremely viable, the founders are actively pursuing other facility locations and options. Notwithstanding the appeal of a new facility, the founders recognize that due to unforeseen events or circumstances, Legacy may not be able to have a new school facility ready for fall of 2011. Therefore, the founders are in the process of developing other alternatives for temporary lease options. One alternative will be to identify a facility with a short term lease option (2-6 months) to ensure a location if a permanent building cannot be completed on time for fall opening in 2011 but can be completed within the first year of operation. In the event the founders are unable to secure a permanent site for the first year of operation, o...