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.
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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.