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

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extend to Community Farms Outreach(CFO). Response: The CFC agrees that the Town will not unreasonably deny the assignment of the lease to CFO, provided that CFO complies with all of the provisions of the lease. (Clause k): LexFarm proposes that the Town's consent for improvements and alterations include a clarification that LexFarm will have the opportunity to discuss all alterations with the Town. LexFarm also requested a clarification of the role of the CFC in this matter. Response: The role of the CFC is determined by the Selectmen's charge to this Committee, which may change from time to time. LexFarm will be asked to clarify it concern regarding approval for improvements. 7. Part 11: Section 12.2— Status Report: LexFarm requested a clarification of this section and whether an estoppel certificate will meet the requirements of this section. Response: The CFC agreed that an estoppel certificate (a document designed to give third party critical information on the relationship between a landlord and the tenant) is sufficient. The CFC, however, stated that it will require from LexFarm regular financial and operations reports in order to determine whether LexFarm is complying with the lease provisions and is financially sound. 8. Part 11: Section 12.7—Notice: LexFarm requested that the lease allow email notification to the Town. Response: On the advice of Town Counsel, the CFC will agree with this change as long as there is a second form of notice provided. 9. Part 11: Section 12.8— Tenant's Obligations with Respect to Environmental Matters: LexFarm proposes that the lease be clarified with regard to LexFarm's responsibility for any environmental contamination existing at the start of the lease or contamination that may be the result of a third party. Response: The CFC requested that the Town Manager work with Town Counsel to clarify this section of the lease. 10. Part 11: Section 12.9— Security Deposit: LexFarm requested a clarification on the return of the Security Deposit. Response: This clause can be deleted since the Town will be removing the requirement for a security deposit. On a roll call vote, the CFC unanimously voted to return to open session at 9:58 p.m. 4