Maybe the third time is the charm, as the $10 million sale of the former Big Park Community School to buyer Basil Maher was extended for the third time following a unanimous 5-0 vote by the Sedona-Oak Creek School District Governing Board on Sept. 16.

Both the buyer and the district attributed the delay to a need to determine whether the property is subject to covenants, conditions and restrictions, known as CC&Rs, recorded rules, that “were filed by the developer of the neighborhood in 1979,” according to SOCSD Finance Director Stacy Saravo.

CC&Rs limit how land in a subdivision can be used and carry over to future owners.

“There are CC&Rs that were originally on that property before it became a school, and we believe that they are no longer in effect, but we need to make sure that that’s the case,” Maher said.

The board approved allowing SOCSD Superintendent Tom Swaninger, Ed.D., and Saravo to manage the legal work required in short order in open session after a 30-minute closed door executive session.

“It needs to go through litigation,” Swaninger said. However “all entities involved that we’ve been discussing it with believe it’s a very straightforward process. But both the buyer’s preference and our preference as a seller is to clear this up and have a clear legal standing on it before anything is finalized.”

Swaninger added that he is not sure which court the matter will go through and that the SOCSD has not yet filed the legal paperwork. Governing Board President Randy Hawley said he is hopeful the CC&R matter can be resolved within a couple of months, a timeline Swaninger called the district’s goal.

“We’re still committed to purchasing the property,” Maher said. “The CC&R is our complication, and I can’t say as to what we would do if it was a negative outcome, we’d have to look at it.”

Capital Projects Funding

The proceeds from the sale of BPCS must go to capital projects in the district.

During the city of Sedona’s Fiscal Year 2025-26 discussions, City Council committed $76,000 for a school security consultant and a series of smaller one-time appropriations for SOCSD focused largely on security improvements, as well as maintenance of the athletic field at SRRHS.

“There are capital improvements that we desire to make, and we have not had the funds to fulfill those capital needs,” Swaninger said. “We are very appreciative of our new partnership with the city, and that together, along with the potential and eventual sale of Big Park, [we can] utilize those funds to strengthen our campuses, both here at [Sedona] Red Rock [High School] and also West Sedona School.”

“There is so much to do in terms of building security, but I don’t have a list of exactly where that money is going to go,” Hawley said. “The district has not had the money to address these issues for a long time. But it is getting more and more dangerous out there, and we really need to provide security for our kids and our employees.”

Infrastructure Needs at SRRHS & WSS

Lighting Improvements: The lighting on the Sedona Red Rock High School campus was among the major infrastructure needs raised during a Sept. 2 Site Council meeting. Staff cited the lights not being adequate since at least November, posing a trip-and-fall risk in the dark for older spectators.

Restroom Maintenance: The lack of bathroom stall doors in several restrooms on the SRRHS campus has been reported for roughly the last four years.

HVAC Systems: Swaninger cited aging HVAC systems across district buildings as assets requiring considerable repairs in coming years.

“There’s probably going to be an initial larger investment,” not only at SRRHS but at WSS, Swaninger said during the meeting, noting that any Big Park sale proceeds must go entirely to capital projects, though what qualifies is not always clear-cut. “It’s not as straightforward as what you think that it might be.” He said the distinction between capital and maintenance can be blurry. Repainting the interior or laying carpet here and there would likely be viewed as maintenance, while repairing damage, such as cracked stucco, or carpeting an entire building, could qualify as capital.

Purchase Agreement Details

At least the BPCS maintenance does not appear to be an issue for SOCSD since Maher said he is purchasing the facility, which requires extensive roof repairs, as is, including most of the property’s contents.

The items that SOCSD will keep according to the purchase agreement include:

■ Chair rack and chairs in the music room

■ Piano dolly and stage equipment

■ Folding tables in the auditorium

■ Auditorium sound system

■ Grounds and custodial equipment

“Seller would also like to note that other entities have property stored on the grounds, including Toys for Tots, Project Fill the Need food bank and Verde Valley First Books,” the draft purchase agreement reads. “These items are not owned by the seller and the removal of these items will be arranged by seller.”

Yavapai County Involvement

“We’d like to keep as many of the buildings as possible,” Maher said about Community Library Sedona that operates the Village of Oak Creek Branch at BPCS, along with BPCS’ other current tenants. “We’re hoping to turn the gymnasium and some of the associated rooms there into a community center. But obviously, a community center would have to be funded and run by the county, and they’ve expressed some interest in doing that.”

Yavapai County Supervisor Nikki Check [D-District 3] during the Sept. 10 meeting of the nonprofit organization, Big Park Regional Coordinating Council, said the county has met with the Mahers several times about the property but can’t begin in-depth talks about having county services at BPCS until the purchase contract is signed.

“What’s different about these conversations than the time it happened before is that I have, in our budget retreat, identified this as a project, and it was identified in the rural services study,” Check said. “So our staff is fully deputized to spend as much time as they need.”

Currently SOCSD does not have additional meetings planned at BPCS to update residents on the property, however Hawley said he anticipates it is a matter of time before SOCSD does.