2013-09-16-CFC-min - Laserfiche WebLink

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Community Farming Committee Executive Session Meeting Minutes September 16, 2013 Executive Session: Mr. Bliss moved that the CFC go into executive session under Exemption 6 (Lease of Real Property): Discussion of LexFarm Lease Provisions and that as Chairman, he declared that an open meeting discussion would have a detrimental impact on the Town's negotiating position. Ms. Ciccolo seconded the motion. On a roll call vote the motion was unanimously approved. The CFC reviewed each of the lease exceptions proposed by LexFarm: 1. Article VI— Surrender: LexFarm has proposed that it have no obligation to restore the Demised Premises in the event of casualty and that it have no obligation to remove, at the end of the lease, any structures it constructed. Response: Article VIII addresses LexFarm's concerns regarding restoration in the event of casualty. Regarding removing improvements at the end of the lease period, the CFC proposes that any removal requirement should be determined at the time the improvement is considered for approval by the Town. This will allow the decision to be made on a case-by-case basis. 2. Article VII— Tenants Insurance: Lexfarm has proposed a 5-10% failure fee rather than the 25% fee in the draft lease. Response: On the advice of Town Counsel, the CFC will agree to a 10% failure fee. 3. Section 12.9 Security Deposit: Lexfarm has proposed substantially reducing the $30,000 security deposit since the Town previously removed the requirement to remove all structures from the property at the end of the lease. Response: The CFC will agree to eliminate the $30,000 security deposit based on the Town's previous decision to delete the requirement to remove all structures at the end of the lease period and because the Committee believes that $30,000 would not be sufficient, in any case, to offset the cost of an environmental clean-up. The CFC, however, will require that LexFarm have a small deductible on its property insurance policy. 4. Part L• Special Provisions, 13—Permitted Use: Lexfarm proposes that the lease include more detail regarding agricultural purposes and accessory uses. Response: The CFC agrees and requested that the Town Manager draft appropriate language, consistent with any State or local statutory limitations. 5. Part 11: Section 1.1 —Demised Premises: Lexfarm proposes that the Town agree in the lease not place any easements or restrictions on the property that would interfere with the LexFarm operations. LexFarm also proposes that the Town provide reasonable notice before entering the premises. Response: On the advice of Town Counsel, the CFC does not support this proposed change. The CFC requested that the Town Manager work with LexFarm to find acceptable language, such as allowing LexFarm to terminate the lease in the event of an unacceptable easement. The CFC agreed to amend the lease to provide reasonable notice from the Town before entering the premises. 6. Part 11: Section 5.2—Additional Tenant Covenants (clause i): LexFarm proposes that the Town's approval of the right of assignment of the lease not 3