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HomeMy WebLinkAbout1996-02-26 96-128 ORDERCOUNCIL ACTION Item NO. 96-128 Date February 26. 1996 Item/Subject: Authorizing Execution of Amendment to Management Agreement (Park Woods) Responsible Department: Legal The City of Bangor has recently found it necessary to initiate fed (eviction) actions with respect to a number of tenants at the City's Park Woods transitional housing project. Although the City's July: 1995 property management agreement with Hughes Associates Inc. provides that Hughes will collect rents due from Park Woods tenants, the current agreement does not allocate responsibilities when an eviction action becomes necessary for that purpose. The proposed "Amendment No. 1" to the current management agreement would allocate those responsibilities and make other changes to the management agreement as follows: (cont'd on next page) De par�iment Head Manager's Comments: Ct ity Marta Associated Information: Amendment No. 1 Finance Director 1414 lHwY4 city solicitor Introduced For Passage First Reading M, Referral e}£(7)'/i'aW3 <( �9Q� Page 1 of 5 96-120 AmetpW to Coundse leen February 26, 1996 CITY OF BANGOR Autho iamg Exec tion of Amendment to (TITLE.) b�rDer,.......... _ Management Agreement (Bark Woods) .......__...._. _ ...... ... 1...__._I I_.._.. _..... By eAe Cay Counn! ofdw alp ofBsper. - ORDERED, THHIAT the City manager is hereby authorised, on behalf of the City oBangor, to execute Amendment No. 1 to a certain Management Agreement dated July 6, 1995 between the City of Bangor and Kathryn B. Hughes Associates, Inc., a copy of said "Amendment No.. P' being attached hereto. W..'NIFE couNCI4.. .Pebruayy'26. 1f96 - - 96-128 ,first ROading � O R D E R 'Refetredto Community E Sconomi2 a}APmenc Authorizing 8x Hon f Amendment M c M enc Agreement ( Park Woods) to TY CLERK ..... cion .... ' Iw CITY COUNCIL 4 . r. ... ••o MexcL l3. 1996 Jc(. �LPL6'</(d' Peeved ;. Auipmd to ma CouncaLran jf f 96-128 AMENDMENT NO. 1 TO MANAGEMENT AGREEMENT (PARE WOODS THIS AMENDMENT NO. I TO MANAGEMENT AGREEMENT (PARE WOODS) (hereinafter sometimes referred to a6 "Amendment Nu.1"), executed in duplicate this day of 1996, by and between the CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine, and having its principal offices at 73 Harlow Street, Bangor, Maine (hereinafter sometimes referred to as the "CITY") and KATHRYN E. HUGHES ASSOCIATES, INC., a corporation organised antl existing under the laws of the State of Maine, and having a place of business in Bangor, County of Penobscot, State of Maine (hereinafter sometimes referred to as "AGENT), W I T H E S S E T H: WHERMAS, the CITY and AGENT are parties to a certain Management Agreement (Park Woods) (hereinafter sometimes referred to as "Agreement"), dated July 6, 1995, regarding the management of the Park Woods property as described in said Agreement; and WHEREAS, the parties hereto wish to amend said Agreement, NOW, THEREFORE, the parties do mutually agree as followsz 1) THAT the following provisions be added to Section 6(A) ["Management Functions"] of the parties' said Agreement "13. Hughes Associates will prepare new leases for execution by all Park Woods tenants at the expiration of their cent leases. For leases entered into prior to July 1, 1995,, AGENT will be compensated at rate of $20 per lease. 14. Hughes Associates is appointed as agent by the City of Bangor to enforce all terms and conditions of leases at nark Woods including but not limited to the eviction of tenants. The AGENT will be compensated at the rate of $50 per eviction. AGENT shall present all cases of substantial breach of lease conditions to the CITY's Director of Health and Welfare, or to a committee designated by the Bangor City Manager, for review with respect to possible eviction proceedings or other legal action. in every case of seriously delinquent rent (i.e., 30 or more days in arrears) antl in other cases when directed by the Director of Health and Welfare or the appropriate Committee, AGENT shall initiate eviction proceedings on the CITY's behalf, to include the preparation of proper legal notice to tenant, service of legal notice, drafting of forcible entry and detainer complaints for review and filing for the City Solicitor, delivery of the summons and complaint to the Penobscot County sheriff for service, appearance as a witness in court, requesting a writ of possession, periodic inspection of premises after a writ has been issued and served to determine that the premises has been vacated and all other services necessary in connection with eviction proceedings not required to be done by an attorney." 96-128 2) THAT except for the foregoing, said Management Agreement, dated duly 6, 19951 between the CITY OF HANSON and KATHRYN E. HUGHES ASSOCIATES, INC., shall remain in full farce and effect in all other respects between the undersigned parties. IN WITNESS WHEREOF, the patties hereto have respectively executed or caused this Amendment No. 1 to be executed an the day and year first written above. STATE OF MAINE PENOBSCOT, as. CITY OF BABOON (BY) Edward A. Barrett City Manager KATHRYN E. HBGHES ASSOCIATES, INC. (By) Eathryn E. Hughes President 1996 Then personally appeared the above-named EDWARD A. BARRETT, City Manager, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, Notary Public/Attorney-at-Law Printed Name: STATE OF MAINE PENOBSCOT, ss. , 1996 Then personally appeared the above-named KATHRYN E. HUGHES, President, and acknowledged the foregoing instrument to be her free act and deed in her said capacity, and the free act and deed of said corporation. Before me, Notary Public/Attorney-at-Law Printed Name, I -- Hughes will prepare new leases for execution upon expiration of current tenant leases and receive compensation at a rate of $20.00 per lease. Currently, Claire Bolduc, Park Woods program manager, is responsible for preparing and obtaining signatures on new leases. -- Hughes will prepare and arrange for service of legal notices and fed complaints in all eviction cases, will appear in court as needed, and will perform all other non -attorney services in connection with Park Woods eviction cases. in return, Hughes will receive $50.00 Par eviction. -- The City Solicitor's office will appear and represent the City in all fed actions. Although not expressly stated, the City will also be responsible for all filing fees and writ fees in fed cases. -- Hughes will initiate the fed process by written notice to the tenant, as the City's agent, without specific direction, in all cases where the tenant's rent is 30 or ore days inars. In all other cases involving substantial breach of a lease condition, including delinquencies of lees than 30 days, Hughes will present the matter to the City's Director of Health and Welfare r to a committee appointed by the City Manager for a final decision to initiate or refrain from legal proceedings. This provision will clarify our current procedure, and will remove Claire Bolduc from the decision-making process in such cases. As Park Woods program manager, Claire has felt that the responsibility of initiating legal proceedings against delinquent tenants is inconsistent with her general advocacy role.