Thursday, August 26, 1999 Older Editions

Lease features escape clauses

By Neil Fater

If selectmen approve a proposed lease with Phillips Academy to turn Williams Hall into Andover's next senior center, both the town and Phillips will have several chances to get out of the deal before construction even starts.

In fact, several deadlines must be met before construction can begin.

Two of these deadlines require the Friends of Andover Seniors, a private fund-raising group, to prove it can raise the necessary money to fund the construction.

The Friends group and the Council on Aging have repeatedly said that once a site is approved, they expect to be able to quickly raise the $4 million needed.

The lease being proposed will guarantee that either that happens, or Phillips or the town will cancel the lease.

The lease will be terminated:

o By June 1, 2000, if conceptual design and schematic plans for the renovations and additions to Will Hall have not been approved, in writing, by Phillips. Both Phillips and the town must also agree on how utilities will be paid;

o By Aug. 1, 2000, if the town has not provided by July 1, 2000, a list of estimated construction costs and an update on how close the Friends group is to raising the necessary money. The town must also give Phillips a written notice by July 1, 2000, that it does not want to terminate the lease; and

o On June 1, 2001, if Andover has not sent notice by May 1, 2001, that it does not want to terminate the lease and that it "has or in the immediate future expects to have sufficient funds to construct the renovations and additions to Williams Hall." A construction schedule with a projected commencement date on or before Nov. 1, 2001, must be included.

The Council on Aging released the terms of its near-finalized lease last week. ("Selectmen to vote on Will Hall senior center lease," Townsman, Aug. 19, page 1.)

Although Chairman John Hess and Brian Major say they have not yet had a chance to inspect the lease, other selectmen spent 30 minutes Monday asking questions about it. Board members will now have three weeks before their next meeting, Sept. 13.

Hess says selectmen probably will vote then, although Selectman Lori Becker suggests the board may ask further questions and then want more time to consider the answers before a vote is taken.

In the past, selectmen have voted 3-2 in favor of pursuing the Will Hall option, with Becker and colleague Larry Larsen against the idea of a 30- or 40-year lease.

Larsen says Andover seniors have been waiting a long time for a center. He says it's possible the town could wait until 2001 for the Will Hall center, and then find out the Friends group cannot raise the money. This would send everyone back to the drawing board two years from now, he says.

"This is not a wise course of action, and I will leave it at that," says Larsen, who supports building a center on town-owned land.

Advocates and members of the Friends have consistently said they will have no trouble raising the money for the center.

The Friends' Doreen Correnti did not return calls seeking comment for this story by the Townsman's press time.

Selectmen did express some other concern about elements of the proposed lease on Monday.

Board member Mary French referred to Phillips Academy's insistence on commenting on construction plans and having a say in whether the town can fire its architect as "surprising and "nit picking."

However, Andover's construction project manager, David Harding, noted that Phillips officials do not have the authority to approve or disapprove of construction plans, but simply the ability to offer comments.

At the meeting, Larsen questioned why the town would have to rebuild the center if it were to burn down.

"Why are we doing that? If the building burns down, I think it would be sad, but Phillips is planning to tear it down," said Larsen.

Walter McCabe, the lawyer who negotiated the lease, said the clause is in the lease to make sure the town does not leave a safety hazard on the site, in case of a disastrous fire.

McCabe said the town and Phillips are still negotiating whether the town would actually have to rebuild the center in case of a fire. Council Director Jeanne Madden said she is not aware of any other area that is still under negotiation.

The lease says that Phillips must give the town another 10 years after the original 30 if the town asks for it and is in good standing, said Madden.

Andover will be responsible for snow removal and security and maintenance of all grounds, trees, parking areas and walkways located around Will Hall.