THE UNIVERSITY of
NEW ORLEANS

OF THE PRESIDENT

 

January 25, 2019

James B. Henderson
President

University of Louisiana System
1201 North Third Street
Baton Rouge, LA 70802

Re: MOU between Hynes Charter School Corporation and UNO

Dear Dr. Henderson,

I am requesting approval of an MOU between Hynes Charter School Corporation, Friends of
Hynes and the University of New Orleans with the intent to execute a Lease, Sublease and
other mutually bene?cial future agreements.

Thank you for your consideration.

Sincerely,

John . icklow
President

2000 Administration Annex 5 2000 Lakeshore Drive i New Orleans, Louisiana 70348
phone 504.280.6201 3 fax 504.280.6872

A Member of the University of Louisiana System Committed to Equai Opportunity

IWEMORANDUM OF UNDERSTANDING

This MEMORANDUM OF UNDERSTANDING is made and entered into as
of 2019 by and among Hynes Charter School Corporation, a Louisiana nonpro?t
corporation Friends of Hynes, a Louisiana nonpro?t corporation (?Friends of
Hynes?), and University of New Orleans a public Louisiana university under the
management and control of the Board of Supervisors (the ?Board?), the governing Board for the
University of Louisiana System System?) by operation of law, collectively the ?Parties?.

 

RECITALS

WHEREAS, Hynes is a Louisiana nonpro?t formed for the purposes of operating charter

schools in Orleans Parish, Louisiana and providing quality education shaping leaders for a
changing world;

WHEREAS, Hynes is authorized to operate a new charter school called Hynes Charter
School at UNO in Orleans Parish, Louisiana (the ?Charter School?) pursuant to that certain Type
1 Charter School Operating Agreement with an Effective Date of July 1, 2019 (the ?Charter
Agreement?), a true and correct copy of which is attached hereto as Exhibit 

WHEREAS, Friends of Hynes is a Louisiana nonpro?t corporation formed for the
purpose of providing support to Hynes and is a type II supporting organization to Hynes;

WHEREAS, UNO is a Louisiana university created by operation of law for the purpose
of serving national and international students and enhancing the quality of life in New Orleans,

the state, the nation, and the world, by participating in a broad array of research, service learning,
cultural and academic activities;

WHEREAS, UNO will submit this MOU for approval to the UL System Board at its
February 22, 2019 meeting to proceed with the development and execution of a lease agreement
(the ?Lease?) for property on the campus of UNO, to be more fully identi?ed in the Lease, to
Friends of Hynes who in turn will design and construct, at its sole cost, a facility to house a

charter school and will execute a sublease (the ?Sublease?) with Hynes to provide quality
education for K-8th students in the area.

WHEREAS, UNO desires to execute the Lease to Friends of Hynes of a certain parcel of
property on campus, to be determined, for One Dollar per year, under the
authority granted to it in accordance with La. R.S. 17:3361, for the purpose of constructing the
new school building or buildings (the ?Project?), which upon completion will be leased by
Friends of Hynes to Hynes, for a term no less than the term of the Charter Agreement, for Hynes
to use in the operation of the Charter School with the terms and conditions of the lease mutually

acceptable to UNO through its Board, Friends of Hynes and Hynes and proceeding in accord
with the legal requirements under La. R.S. 17:3361.

WHEREAS, the Project will result in positive exposure of commitment to the
community and offer bene?ts to the UNO community, its faculty, staff and students in a number
1

of ways, including but not limited to: energizing course offerings for next generation teachers,
including expanded research and observation Opportunities with elementary students; additional

increased funding for programs and research; exploration of possible shared service agreements

with economic savings (food, utilities, IT, facilities, etc.) and access to K-8 summer camp
enrollment.

WHEREAS, in consideration of Lease of Project Parcel to Friends of Hynes,

Hynes desires to provide to UNO an enrollment preference for dependent children of 
permanent employees pursuant to LSA-RS 17:3 991.1; and

WHEREAS, Hynes, Friends of Hynes and UNO desire to enter into this MOU in order
to memorialize the foregoing Recitals and the other terms and conditions provided for herein
pursuant to LSA-R.S. 1723991.] to evidence their intent to execute a Lease and Sublease in

accordance with R.S. 17:3361, et seq. and to enter into future agreements of bene?t to the
Parties.

AGREEMENT

NOW, THEREFORE Hynes, UNO and Friends of Hynes enter into this MOU to evidence
their intent to execute a Lease, Sublease and other mutually bene?cial future agreements:

Section 1. Covenants of UNO. UNO covenants and agrees:

to execute the Lease of the agreed upon Project Parcel to Friends of Hynes

at the cost of One Dollar armually, to be used solely for the purpose of the construction
of the Project;

the Project Parcel will be property on the main lakefront campus
to be agreed upon by the Parties hereto and identi?ed in the mutually-agreed upon Lease upon

execution by the Parties that consists of at least acres and is accessible for school traf?c
demands;

to identify mutually bene?cial projects with Hynes including professional
development, programming and sponsorship of associated events and activities in betterment of
Hynes, its staff and its students and and

to execute any and all documents necessary to consummate the
transactions contemplated herein.

Section 2. Covenants of Friends of Hynes. Friends of Hynes covenants and agrees:

 to enter into referenced mutually-agreeable Lease with UNO, for the
purpose of construction of the Project;

to pursue in good faith the ?nancing and construction the Project on
Project Parcel;

to share with Hynes responsibility for all ordinary upkeep, maintenance
and repairs of the leased premises, except for any repairs which are necessitated in whole or in
part through the fault or neglect of UNO and to provide, install and pay for all cost and expenses
associated with equipment necessary to conduct the charter school business on the leased

once the Project is complete, to enter into a Sublease agreement with
Hynes for use the Project Parcel and Project for the operation of the Charter School for a term
not less than the duration of the Charter Agreement; and

to execute any and all documents necessary to consummate the
transactions contemplated herein.

Section 3. Covenants of Hynes. Hynes covenants and agrees:
to operate the Charter School in accordance with its Charter Agreement;

to execute a Sublease with Friends of Hynes for the Project Parcel and
Project and to use such property in the operation of the Charter School;

to include in the Charter Agreement apprOpriate provisions wherein
Hynes agrees to a ?fteen percent enrollment preference for dependent children of

to execute any and all documents necessary to consummate the

Section 5. The Charter School. The Parties agree that, subject to the terms and
conditions of the Charter Agreement, Hynes will have exclusive control over all operational
aspects of the Charter School, including, but not Iirnited to, academics, human resources, and
contracts with service providers.

Section 6. Enforcement.

Section 6.1. MOU is a Preliminary Understanding. The preliminary understandings
expressed in this MOU are subject to and conditioned upon (a)the negotiation and execution by
the Parties of a mutually-acceptable Lease and Sublease, Friends of Hynes securing

satisfactory ?nancing for the Project and Hynes obtaining and maintaining the ?Charter
Agreement?.

Section 7. Miscellaneous.

Section 7.1 Assiggent. This MOU is personal to each of the Parties hereto, and

neither party may assign or delegate any rights or obligations hereunder without ?rst obtaining
the written consent of the other party.

Section 7.2 Amendments. Supplements, and Modi?cations. No amendment of or
modi?cation to this MOU shall be

valid unless and until executed in writing by the duly
authorized representatives of each party to this MOU.

Section 7.3 Third Bene?ciaries. This MOU is entered into for the exclusive

bene?t of the Parties, and the Parties expressly disclaim any intent to bene?t anyone not a party
hereto.

Section 7.4 Ne ation of Partnershi . Joint Venture and ui Interest. Except to the
extent necessary for UNO to qualify under LSA-RS nothing contained in this
MOU shall constitute or be construed to be or to create a partnership, joint venture or other
venture among Hynes, Friends of Hynes and/or UNO.

Section 7.5 Headings. The headings of this MOU are for convenience of reference
only and shall not form part of, or affect the interpretation of, this MOU.

Section 7.6 Severabilitj. In the event that any provision of this MOU is invalid or
unenforceable under any applicable statute or rule of law, then such provision shall be deemed
under any law shall not affect the validity or enforceability of any other provision hereof.

Section 7.7 Execution in Counterparts. This MOU may be executed in several

counterparts, each of which shall be an original and all of which shall constitute one and the
same instrument.

Section 7.8 Governing Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Louisiana.

Section 7.9 Recitals. The foregoing

recitals are hereby incorporated into and made a
part of this MOU, including all de?ned terms 

eferenced therein.

[Signatures to Follow]

[Signature Page to 

IN WITNESS WHEREOF, the undersigned have executed this MOU as of the
day of 2019.

HYNES CHARTER SCHOOL CORPORATION

By:
Name:
As Its:

 

 

 

FRIENDS OF HYNES

By:
Name:
As Its:

 

 

 

UNIVERSITY OF NEW ORLEANS

By:
Name:
As Its:

 

 

 

EXHIBIT A
CHARTER AGREEMENT