The Mill Valley School District took new steps this week to force a preschool to vacate or collect what it says is back rent owed.
Terra Marin, which leases space in a district building at 70 Lomita Drive, received an eviction notice effective August 9.
“Terra Marin has actually not paid the entire outstanding rent amount and remains delinquent on its lease payments,” said Sharon Nakatani, the school district’s board president.
Terra Marin remains open, founder Wendy Xa said. She said district staff “harassed” at least three parents who came to campus this week to drop off or visit their children. At least one parent was handed a letter saying Terra Marin was behind on rent and the preschool’s future was uncertain, Xa said.
“It’s going to be pretty ugly,” she said.
Xa said Thursday she sent the district three rent checks to cover June, July and August rent payments for the portion of the space her school uses. One of the checks, for $9,280 for 6,000 square feet of the 15,000-square-foot building, has already been cashed, she said.
“This measure gives us the opportunity to argue that by cashing the check, they accepted our proposed interest rate,” Xa said.
Nakatani said the preschool must pay full rent – which Xa said was $33,369 a month – for the next three months, at least until a new agreement for sharing the space can be negotiated. The district said it must use the building for administrative offices while a new middle school is built.
“We have also repeatedly tried to negotiate a ‘joint settlement’ agreement, but Terra Marin has not responded or has even openly resisted,” Nakatani said.
Earlier this month, County Manager Elizabeth Kaufman said the county has an obligation to act fiscally responsibly. Under state law, the county is not allowed to use public funds to offer favors or gifts, such as special rental deals, to a private business, she said.
Terry Tao, an attorney representing Terra Marin, said he is in the process of filing a breach of contract lawsuit against the district.
Xa said her lease had about 10 years left in effect when the district gave her a two-year notice in April, arguing that it was entitled to take such action if the space was needed “for educational purposes.”
Tao claims that state education law allows termination of the lease for “public school purposes,” but that only applies to students or classrooms from preschool through high school and not to administrative staff, he said.
At a district council meeting on August 8, several parents spoke in favor of Terra Marin, saying it is the only Mandarin immersion school in the county.
“Terra Marin is a unique asset to our community,” said Stephen Brown, a parent. “We lack diversity here, so this is an incredible asset.”
Other parents said the school hosts the Asian New Year and other holidays that help enrich the city’s cultural climate.
“Obviously there are a lot of misunderstandings on both sides,” said mother Sarah Sha. “I hope you can find a solution.”
