St. Aloysius Orphanage
CommunitySchool Preliminary Agreement
This agreement is entered into on this_____ day of ______by and between St. Aloysius Orphanage, hereinafter termed “SPONSOR” and ______hereinafter termed “PROPOSING PERSON” whose address is ______.
Article I, Purpose
This agreement is established pursuant to section 3314.02 of the Ohio Revised Code and indicates the intention of the SPONSOR to sponsor a new start-up community school to be located within the ______SCHOOL DISTRICT. Upon the signatures ofall parties set forth below, the PROPOSING PERSON may proceed to finalize plans for the school, establish a governing authority as described in division (E) of section 3314.03 of the Revised Code for the school, and negotiate a contract with the SPONSOR, whereby the SPONSOR may agree to enter into a contract to sponsor the new start-up community school.
Article II, Responsibilities of the SPONSOR
The SPONSOR hereby indicates its intention to sponsor a new start-up community school to be known as the ______within the ______SCHOOL DISTRICT pursuant to and consistent with the information provided by the PROPOSING PERSON.
The SPONSOR hereby agrees to enter into good faith negotiations with the PROPOSING PERSON to establish a contract between the SPONSOR and the GOVERNING AUTHORITY, whereby the SPONSOR contracts to sponsor the new start-up community school in accordance with section 3314.03 of the Revised Code, to be located within the ______SCHOOL DISTRICT. Good faith negotiations shall take place on the condition that the PROPOSING PERSON adheres to this preliminary agreement and complies with the provisions of Chapter 3314. of the Ohio Revised Code.
Article III, Responsibilities of the GOVERNING AUTHORITY
The PROPOSING PERSON hereby agrees to finalize plans for the community school that include, but are not limited to the following: Establish the community school as a non-profit organization or public benefit corporation under Chapter 1702 of the Ohio Revised Code and enter into contract negotiations with the SPONSOR. The PROPOSING PERSON shall comply with all provisions of Chapter 3314. of the Ohio Revised Code in carrying out this agreement.
In carrying out this agreement, the PROPOSING PERSON shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex age or disability.
Article IV, Time for Performance
This agreement shall be binding upon both parties and shall remain in effect until the day of ______, , subject to termination as described herein. If the agreement has expired and the parties have failed to negotiate a contract for the sponsorship of the proposed community school, a successor agreement may be entered into at the discretion of both parties. Upon the expiration of this agreement, there is no obligation for either party to enter into a successor agreement.
Article V, Governing Law
The preliminary agreement shall be governed and interpreted according to the laws of the State of Ohio.
Article VI, Assignment
Neither this preliminary agreement nor any rights, duties or obligations described herein, shall be assigned by any party without prior written consent of the SPONSOR and the PROPOSING PERSON.
Article VII, Changes or Modification
The preliminary agreement constitutes the entire agreement among the parties and any changes or modifications of this preliminary agreement shall be made and agreed to in writing.
Article VIII, Cancellation of Agreement
The SPONSOR reserves the right to cancel this preliminary agreement upon written notice to the PROPOSING PERSON.
The PROPOSING PERSON reserves the right to cancel this preliminary agreement upon written notice to the SPONSOR.
Article IX, Disclaimer
This preliminary agreement shall not be construed as the SPONSOR’S present agreement to sponsor the new start-up community school as proposed by the PROPOSING PERSON named herein, nor does the preliminary agreement obligate the SPONSOR to enter into a contract with the GOVERNING AUTHORITY to sponsor a new start-up community school.
SPONSOR
By:Date:
PROPOSING PERSON OF
______
(Name of School)
By:Date: