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Old 04-18-2016, 09:45 AM   #40
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Originally Posted by DesertDweller View Post
Thanks for posting a link to the lease.

So, correct me if I misspeak, the Town of Moultonborough buys the land and building for $495,000 from the Lions Club, leases it back to them for $0 in rental payments, charges no property taxes, and has the obligation to maintain exterior of the building and the grounds including plowing and mowing the lawn. Lessee (i.e. the Lions Club) is responsible for the repair and maintenance of all plumbing, heating, air conditioning, etc. as part of the lease but the petition is to have the taxpayers of Moultonborough foot the bill for it.

Doesn't seem real equitable to me but, then again, I only get to pay taxes not vote.
I disagree about the responsibility for the maintenance.

The attached slice of the lease says the town (lessor) is responsible to "maintain the grounds including the parking areas to include plowing, sanding, and mowing".

The Lions Club (lessee) is "responsible for repair and maintenance of all plumbing, heating, air conditioning, ventilating, electrical and lighting systems and equipment within the leased premises, all exterior maintenance of the building including painting, as well as all portions of the premises not the express responsibility of the LESSOR". Underlining is mine.

I am not a lawyer and do not play one on TV but the EXPRESS responsibilities of the town seem to me to be grounds and parking area targeted at lawn mowing and plowing.

All portions of the premises not the EXPRESS responsibility of the town are up to the Lion's club. That certainly would mean any and all building work including painting a new roof, etc.

Sewer is not specifically mentioned but I would think since it is not EXPRESSLY called out as a responsibility of the town, it is the responsibility of the Lions Club. There might be a legal probe and discussion of what "maintaining the grounds" means and whether common use would include septic systems on the grounds. I suspect not but with our legal system, who knows.

Given all this, I would think that if the property is in disrepair (excluding for now the septic system whose responsibility might be in question) that it a breach of contract by the Lions Club.

I recently sold my house in Moultonborough so I don't have a vote but the answer to the only QUESTION that longislander wants to talk about (the warrant) should be no. The town should not bail out the Lions Club from it contractual duties.

I would think that people SHOULD be asking the question of whether the property is needed and at what price? It seems clear that the Lions Club cannot meet their contractual obligations and the lease should not be renewed.

I would also ask why people seem to have an "all or nothing" attitude? I have been to the Lions Club several times for Scouting events, a fundraiser, a couple dinners, and a craft show (I think). It seems the building is useful although arguments certainly could be made to the opposite viewpoint. If the town accepted full responsibility for it, fixed it up, and maybe even made some minor upgrades, how much would it cost? Might that not be a reasonable solution? Why are polarizing Taj Majal proposals submitted instead of practical ones that might have a chance of passing a vote?
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