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Keep Hum Humming!

  • Executive Summary

      12 October 2014

    Over the last four years Hum and community volunteers have successfully brought the 140-year-old Heritage Villa at 123 Grafton Rd back to life with the help of NZ businesses sponsoring product. To-date Hum's investment has been estimated $659,000.00. Today, the villa is used by the community and different interest gorups as a space to meet, create and engage with others. A cafe is run by volunteers five days a week. Hum promotes culture, arts, music, education, community, health and sustainability. 22-year commercial lease with a three-year rent-free period was negotiated and signed in 2011 (with first right to purchase and renew), Hum agreeing to do fit out, assuming the repiling and releveling had been done and was given a Council's Code of Compliance certificate stating this. Half a year into the works it turns out the aforementioned work is substandard, described by professionals as a gjob readying for demolitionh. Landlord is uncooperative and seeks to cancel the lease in High Court since 2012. Substandard foundation work and frustration caused by the litigation hold back any further major restoration work and investment into the house and restrain Hum from using the house to its fullest, envisioned potential as a community cafe, restaurant, bar and performance venue and thus restricting it to become financially self-sustainable. In October 2014 Hum is given until 5pm, 24th October 2014 to pay the outstanding rent ~$80,000, otherwise the lease would be canceled and community's investment into the house would be lost. If Hum loses the house it can still claim in the courts for damages and the lost investment, although the community wants to keep the house, safe guard it, not to lose the house and gain money from a claim. Hum and Falling Apple is a charitable organisation and is based on the giving spirit of people. It brings together both individuals, community interest groups and ethical businesses alike. Supporting this venture is a contribution towards NZ Heritage, history, local community and charity. More information at http://fallingapple.org.nz/

      2 comments  |  Login to leave a comment

    • 21/10/2014 by concern

      Over the last four years Hum and community volunteers have successfully brought the 140-year-old Heritage Villa at 123 Grafton Rd back to life with the help of NZ businesses sponsoring product. To-date Hum's investment has been estimated $659,000.00. Today, the villa is used by the community and different interest gorups as a space to meet, create and engage with others. A cafe is run by volunteers five days a week. Hum promotes culture, arts, music, education, community, health and sustainability. 22-year commercial lease with a three-year rent-free period was negotiated and signed in 2011 (with first right to purchase and renew), Hum agreeing to do fit out, assuming the repiling and releveling had been done and was given a Council's Code of Compliance certificate stating this. Half a year into the works it turns out the aforementioned work is substandard, described by professionals as a gjob readying for demolitionh. Landlord is uncooperative and seeks to cancel the lease in High Court since 2012. Substandard foundation work and frustration caused by the litigation hold back any further major restoration work and investment into the house and restrain Hum from using the house to its fullest, envisioned potential as a community cafe, restaurant, bar and performance venue and thus restricting it to become financially self-sustainable. In October 2014 Hum is given until 5pm, 24th October 2014 to pay the outstanding rent ~$80,000, otherwise the lease would be canceled and community's investment into the house would be lost. If Hum loses the house it can still claim in the courts for damages and the lost investment, although the community wants to keep the house, safe guard it, not to lose the house and gain money from a claim. Hum and Falling Apple is a charitable organisation and is based on the giving spirit of people. It brings together both individuals, community interest groups and ethical businesses alike. Supporting this venture is a contribution towards NZ Heritage, history, local community and charity. More information at http://fallingapple.org.nz/

    • 21/10/2014 by concern

      Over the last four years Hum and community volunteers have successfully brought the 140-year-old Heritage Villa at 123 Grafton Rd back to life with the help of NZ businesses sponsoring product. To-date Hum's investment has been estimated $659,000.00. Today, the villa is used by the community and different interest gorups as a space to meet, create and engage with others. A cafe is run by volunteers five days a week. Hum promotes culture, arts, music, education, community, health and sustainability. 22-year commercial lease with a three-year rent-free period was negotiated and signed in 2011 (with first right to purchase and renew), Hum agreeing to do fit out, assuming the repiling and releveling had been done and was given a Council's Code of Compliance certificate stating this. Half a year into the works it turns out the aforementioned work is substandard, described by professionals as a gjob readying for demolitionh. Landlord is uncooperative and seeks to cancel the lease in High Court since 2012. Substandard foundation work and frustration caused by the litigation hold back any further major restoration work and investment into the house and restrain Hum from using the house to its fullest, envisioned potential as a community cafe, restaurant, bar and performance venue and thus restricting it to become financially self-sustainable. In October 2014 Hum is given until 5pm, 24th October 2014 to pay the outstanding rent ~$80,000, otherwise the lease would be canceled and community's investment into the house would be lost. If Hum loses the house it can still claim in the courts for damages and the lost investment, although the community wants to keep the house, safe guard it, not to lose the house and gain money from a claim. Hum and Falling Apple is a charitable organisation and is based on the giving spirit of people. It brings together both individuals, community interest groups and ethical businesses alike. Supporting this venture is a contribution towards NZ Heritage, history, local community and charity. More information at http://fallingapple.org.nz/

  • Description Updated

      9 October 2014

    The following question was asked on our Facebook Page by Chrissy Glen ""Can you please give some more of the financial details? So $80k for late rent? Can you explain the situation?"" The answer (was also appended to the Description of our cause): We signed the lease on the house assuming the repiling and releveling had been done and was given a Code of Compliance certificate stating this. During the external restoration we discovered it had not been done meaning further serious building work could not continue until this was remedied. We negotiated a rent free period based on calculations to complete the exterior and internal so the site would be fully complete and the community could earn monies from it to meet rent when it was due, however this calculation did not include the time and costs associated with repiling and releveling. Getting to the bottom of how to move forward and who is responsible for the repiling and releveling meant time for rent payments arrived and the site was stuck in transition. While we have a right to claim in the courts compensation for a deficient Certificate issued for the foundations the lease we signed dictates we pay rent. Contractual law states that you must pay rent and it cannot be withheld despite any issues there maybe with the property. We attempted to seek grace on rental payments and were hopeful it would be granted but precedence in the courts dictates that you pay rent first and resolve issues later. So if we lose the house for non-payment of rent we can still claim in the courts for the communities lost investment in the house, except we won't have the house and it will be at threat of demise. The community wants to keep the house, safe guard it, not to lose the house and gain the money from a claim.

      1 comment  |  Login to leave a comment

    • 21/10/2014 by concern

      The following question was asked on our Facebook Page by Chrissy Glen ""Can you please give some more of the financial details? So $80k for late rent? Can you explain the situation?"" The answer (was also appended to the Description of our cause): We signed the lease on the house assuming the repiling and releveling had been done and was given a Code of Compliance certificate stating this. During the external restoration we discovered it had not been done meaning further serious building work could not continue until this was remedied. We negotiated a rent free period based on calculations to complete the exterior and internal so the site would be fully complete and the community could earn monies from it to meet rent when it was due, however this calculation did not include the time and costs associated with repiling and releveling. Getting to the bottom of how to move forward and who is responsible for the repiling and releveling meant time for rent payments arrived and the site was stuck in transition. While we have a right to claim in the courts compensation for a deficient Certificate issued for the foundations the lease we signed dictates we pay rent. Contractual law states that you must pay rent and it cannot be withheld despite any issues there maybe with the property. We attempted to seek grace on rental payments and were hopeful it would be granted but precedence in the courts dictates that you pay rent first and resolve issues later. So if we lose the house for non-payment of rent we can still claim in the courts for the communities lost investment in the house, except we won't have the house and it will be at threat of demise. The community wants to keep the house, safe guard it, not to lose the house and gain the money from a claim.