HomeMy WebLinkAboutInterfaith Housing Assistance Corporation; 1999-09-28;AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR EXCLUSIVE
MANAGEMENT AGENT SERVICES OF THE DEVELOPMENT KNOWN
AS THE TYLER COURT SENIOR APARTMENTS, CONSISTING OF 75
DWELLING UNITS AND LOCATED AT 3363 TYLER STREET,
CARLSBAD, CA, BETWEEN THE CITY OF CARLSBAD
REDEVELOPMENT AGENCY, A COMMUNITY REDEVELOPMENT
AGENCY AND INTERFAITH HOUSING ASSISTANCE CORPORATION,
A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION
This Amendment No. 2 is entered into and effective as of the - 12th day Of OCTOBER , 2001, extending the agreement dated
September 28, 1999 (the “Agreement”) by and between the City of Carlsbad
Redevelopment Agency, a Community Redevelopment Agency, a municipal
corporation, (“Agency”), and Interfaith Housing Assistance Corporation, a California
Nonprofit Public Benefit Corporation (“Agent“) (collectively, the “Parties”).
RECITALS
A. On October 3, 1999, the Parties executed Amendment No. 1 to the
Agreement for exclusive management agent services of the development known as the
Tyler Court Senior Apartments, consisting of 75 dwelling units and located at 3363 Tyler
Street, Carlsbad; and
B. The Parties desire to extend the Agreement for an additional period of one
year, ending on October 1,2002; and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Agent agree as follows:
1. The Agreement, as may have been amended from time to time, is hereby
extended for a period of one year ending on October 1,2002.
2. All other provisions of the Agreement, as may have been amended from
time to time, shall remain in full force and effect.
3. All requisite insurance policies to be maintained by the Agent pursuant to
the Agreement, as may have been amended from time to time, shall include coverage
for this Amendment.
City Attorney Approved Version #04.11.01
1
4. The individuals executing this Amendment and the instruments referenced
on behalf of Agent each represent and warrant that they have the legal power, right and
actual authority to bind Agent to the terms and conditions hereof of this Amendment.
AGENT
Interfaith Housing Assistance
Corporation
A California Nonprofit Corporation
The City Of Carlsbad
Redevelopment Agency, a
Community Redevelopment Agency
Exzcutive Director
Matthew B. Jumper
President ATTEST: n
If required by City, proper notarial acknowledgment of execution b$ agent must be attached. Ifa
CorDoration, Agreement must be signed by one corporate officer from each of the following two groups.
"Group A.
Chairman,
President, or
Vice-president
"Group 6.
Assistant Secretary,
Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
By:
2
City Attorney Approved Version #04.11.01
..
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of California I
County of Ah \9 ae
fiersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@) whose name@) islare
subscribed to the within instrument and
the same in his/Mr/thelr authorized
acknowledged to me that he/ske/they executed
capacity(ies), and that by his/her/tkir
signature@) on the instrument the person(@, or
the entity upon behalf of which the person@)
acted, executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attachepument
Title or Type of Document: \ b \e
Document Date: Number of Pages: 3
3
Signer@) Other Than Named Above:
Capacity(ies) Clai
Signer’s Name:
0 Individual
[3 Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: - Signer Is Representing: &-L r
0 1997 National Notary Association. 9350 De Solo Ave.. PO Box 2402. Chalsworth, CA 91313-2402 Prod. NO. 5907 Reorder: Call Toll-Free 1-800-878-6827
Interfaith Housing Assistance Corporation
" 63 21 30 4th Avenue San Die 0, California 92101 (619) 231-0288 FAX ? 619) 231-0289 _MI
RESOLUTION
WHEREAS:
Interfaith Housing Assistance Corporation is a nonprofit corporation which has been selected by
the staff of the City of Carlsbad Housing and Redevelopment Department to manage and maintain
the 75-unit senior development known as Tyler Court Apartments located at 3363 Tyler Street,
Carlsbad, CA 92008.
NOW IT THEREFORE BE RESOLVED:
The Board of Directors of Interfaith Housing Assistance Corporation hereby authorizes, Matthew
€3. Jumper, President, to negotiate, execute and implement a management agreement with the
appropriate agency of the City of Carlsbad for the management of the Tyler Court Apartments.
Be it further resolved that Matthew B. Jumper is authorized to negotiate, execute and implement
all other necessary contractual agreements with the appropriate agency of the City of Carlsbad for
the purpose of completing the Tyler Court Apartments management transaction.
PASSED AND at the Board of Directors meeting of Interfaith Housing Assistance
Corporation 192 by the Board of Directors.
,)OS~PP C. RpMs~y
Printed Name and Title
EXTENSION OF AGREEMENT
The agreement dated September 28, 1999, and commencing on October 1, 1999,
for exclusive management agent services of the development know as the Tyler Court Senior
Apartments, consisting of 75 dwelling units and located at 3363 Tyler Street, Carlsbad. CA 92008,
between the City of Carlsbad Redevelopment Agency, a Community Redevelopment Agency and
Interfaith Housing Assistance Corporation, a California Nonprofit Public Benefit Corporation, is
hereby extended for a period of one year ending on October 1,2001,
All other provisions in the original agreement shall remain in full force and effect.
All insurance policies to be maintained by Contractor shall be extended to include
coverage for this extension period.
CONTRACTOR: The City Of Carlsbad Redevelopment
Agency, a Community Redevelopment Interfaith Housing Assistance Corporation
DATE
October 3, 2000
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary. CFO or assistant
the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by
the corporation.)
APPROVED AS TO FORM:
BY:
10/16/95
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California -I
dpersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
acknowledged to me that helshelthey executed
subscribed to the within instrument and
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
cted, executed the instrument.
Piace Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached D cu ent ,
Title or Type of Document: EY.La\9,,aF\ ,c krs 9 r-q<J--
Document Date: Number of Pages:
Signer@) Other Than Named Above: &nn,O k.Qa?.JL/k L rreun e H .dmA
\
3
Capacity(ies) CI
Signer's Name: .- 3 X" rn .Ld
0 Individual d Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Guardian or Conservator
0 Trustee
0 Other:
Signer Is Representing: ~RL r P,..k\_ k%uL'~ua LSt-L A c .e
P ntQ .
0 1997 National Notary Association. 9350 De Soto Aue.. P.O. Box 2402. Chatswonh. CA 91313-2402 Pmd. No. 5907 Remder. Call Toll-Free 1-800-8764827
MANAGEMENT AGREEMENT
&&&, day of .& This MANAGEMENT AGREEMENT ("Agreement") is made and entered into this
&pgy 1999, by and between the City of Carlsbad
Redevelopment Agedcy (hereinafter called "THE AGENCY"), having its principal office
at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008-2389, and INTERFAITH
HOUSING ASSISTANCE CORPORATION, a California Nonprofit Public Benefit
Corporation (hereinafter called " THE AGENT"), having its principal office at 2130
Fourth Avenue, San Diego, CA 92101. THE AGENCY and THE AGENT are
sometimes hereinafter collectively referred to as " THE PARTIES."
In consideration of the terms, conditions, and covenants hereinafter set forth, the
Parties agree as follows:
1. ApDointment of Aaent. THE AGENCY hereby appoints THE AGENT, and
THE AGENT hereby accepts appointment, on the terms and conditions hereinafter
provided, as exclusive managing agent of the development known as Tyler Court
Senior Apartments (hereinafter called "THE APARTMENTS"), located at 3363 Tyler
Street, Carlsbad, CA 92008 consisting of 75 dwelling units. The entire development,
including, but not limited to, the land and any and all improvements, fixtures, and
furnishings, equipment, and supplies, is hereinafter referred to as the "Apartments."
2. Information About Apartments. To facilitate efficient operation, THE AGENCY
shall inform THE AGENT with regard to the operation and maintenance standards to be
kept and furnish THE AGENT with a set of community or house rules and a complete
set of the plans and specifications of the Apartments (as available). With the aid of
these documents and inspection made by competent personnel, THE AGENT will
familiarize itself with respect to the construction, location, character, plan and operation
of the security, lighting, heating, plumbing, and ventilating systems, as well as
elevators, and other mechanical equipment in the Apartments. Copies of guarantees
and warranties pertinent to the construction of the Apartments and in force at the date
of the execution of this Agreement shall be furnished to THE AGENT.
3. Personnel. THE AGENT shall hire all managerial and operational personnel,
including the resident managers, necessary for the efficient discharge of the duties of
THE AGENT hereunder. THE AGENT shall administer compensation for the services
of such employees.
4. Aaent's Services and Duties. Under the personal and direct supervision of
one of its principal officers, THE AGENT shall render services and perform duties as
follows:
(a) On the basis of job standards and wage rates approved by THE
AGENCY on the recommendation of THE AGENT or resulting from wage negotiations,
THE AGENT will investigate, hire, pay, supervise, and discharge the personnel
necessary to be employed to properly maintain and operate the Apartments. Such
personnel shall in every instance be in THE AGENT'S employ. Compensation for the
services of such employees shall be an operating expense of the Apartments.
(b) THE AGENT will cause the buildings, appurtenances and grounds of
THE APARTMENTS to be maintained according to standards acceptable to THE
AGENCY and its lenders including all normal maintenance and repair work as may be
necessary.
(c) With the exception of payments required under the mortgage, taxes,
insurance, utilities, payroll and THE AGENCY approved contractual obligations, no
disbursement shall be made by THE AGENT in excess of $1000.00 unless specifically
authorized by THE AGENCY; excepting, however, that emergency repairs, involving
manifest danger to life or property, or immediately necessary for preservation and
safety of the Apartments, or for the safety of the tenants, or required to avoid the
suspension of any necessary service to the apartments, may be made by THE AGENT
irrespective of the cost limitation imposed by this paragraph. Notwithstanding this
authority on emergency repairs, it is understood and agreed that THE AGENT will, if at
all possible, confer immediately with THE AGENCY regarding every such expenditure
and its effect on the budget.
(d) THE AGENT will maintain a comprehensive system of office records,
books, and accounts in a manner satisfactory to include all appropriate project
expenditures, which records shall be subject to examination by THE AGENCY'S
authorized agents during standard business hours. As a standard practice, THE
AGENT shall render to the Agency's Finance Department by not later than the twentieth
(20th) day of each succeeding month a financial report detailing the prior month's
income and expense activities. This financial report package shall include the following:
11 Cash Flow Statement - indicating monthly and year-to-date
21 Budaet CornDanson ReDort - detailing budgeted to actual
31 Check Reaister Detail Reoort - detailing each check written
41 Income Reaister - showing details on every item of income
51 Tenant Directow - listing all units in sequence with scheduled
6) Bank Reconciliation Reoort.
71 Monthlv Vacancv ReDort.
81 Cooies of All Invoices - paid during the month.
itemization of income and expenses.
income and expenses for the month and year-to-date.
during the month.
received during the month.
rent, rent paid, and occupancy status.
(e) At least 60 days before the beginning of each new fiscal year, THE
AGENT will prepare an operating budget setting forth an itemized statement of the
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anticipated receipts and disbursements for the new fiscal year based upon the then
current schedule of monthly rents, and taking into account the general condition of the
Apartments and THE AGENCY'S objectives for the ensuing year. Each such budget,
together with a statement from THE AGENT outlining a plan of operation and justifying
the estimates made in every material item, shall be submitted to THE AGENCY in final
draft at least thirty (30) days before the commencement of the fiscal year for which it
has been prepared. The budget as finally approved and adopted by THE AGENCY
shall serve as a supporting document for the schedule of monthly rents proposed for
the new fiscal year.
5. Aaencv Relationship. Everything done by THE AGENT under the
provisions of Paragraph 4 shall be done as an agent of THE AGENCY, and all
obligations or expenses incurred thereunder shall be for the account of, on behalf of,
and at the expense of THE AGENCY, except that THE AGENCY shall not be obligated
to pay the overhead expenses of THE AGENT'S ofice. Any payments to be made by
THE AGENT hereunder shall be made out of such sums as are available in the account
for THE APARTMENTS, on behalf of THE AGENCY, described in Paragraph 6 below,
or as may be provided by THE AGENCY. THE AGENT shall not be obligated to make
any advance to or for the account of THE AGENCY or to pay any sum, except out of
the funds held or provided as stated above, nor shall THE AGENT be obligated to incur
any liability or obligation for the account of THE AGENCY without assurance that the
necessary funds for the discharge thereof will be provided by THE AGENCY.
6. Status of the Aaent The Agent shall perform the services provided for
herein in Agent's own way as an independent Agent and in pursuit of Agent's
independent calling, and not as an employee of the AGENCY. Agent shall be under
control of the AGENCY only as to the result to be accomplished, but shall consult with
THE AGENCY as provided for in the request for proposal. The persons used by the
Agent to provide services under this agreement shall not be considered employees of
THE AGENCY for any purposes whatsoever.
The Agent is an independent Agent of THE AGENCY. The payment made to the
Agent pursuant to the contract shall be the full and complete compensation to which the
Agent is entitled. THE AGENCY shall not make any federal or state tax withholdings on
behalf of the Agent or its employees or subcontractors. THE AGENCY shall not be
required to pay any workers' compensation insurance or unemployment contributions
on behalf of the Agent or its employees or subcontractors. The Agent agrees to
indemnify THE AGENCY within 30 days for any tax, retirement contribution, social
security, overtime payment, unemployment payment or workers' compensation
payment which THE AGENCY may be required to make on behalf of the Agent or any
employee or subagent of the Agent or work done under this agreement or such
indemnification amount may be deducted by THE AGENCY from any balance owing to
the Agent.
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The Agent shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited
to, verifying the eligibility for employment of all agents, employees, subcontractors and
Consultants that are included in this agreement.
7. Aaencv Bank Account. THE AGENT shall establish and maintain, in a
bank whose deposits are insured by the Federal Deposit Insurance Corporation (FDIC)
and in a manner to indicate the custodial nature thereof, a separate bank account as
Agent of THE AGENCY for the deposit of the monies of THE AGENCY, with authority to
draw thereon for any payments to be made by THE AGENT to discharge any liabilities
or obligations incurred pursuant to this Agreement, and for the payment of THE
AGENT's fee; all of which payments shall be subject to the limitations in this
Agreement.
8. Aaent's ComDensation. The sole compensation which THE AGENT shall
be entitled to receive for all services performed under this Agreement shall be a fee
computed and payable monthly on the first day of each month as follows:
(a) During the first twelve (12) months of the term of this Agreement, THE
AGENT's monthly fee shall be the sum of Thirty Dollars ($30.00) per unit (including any
free unit for managerial staff).
(b) During each subsequent year of the Agreement, THE AGENT's
monthly fee shall be increased by three (3) percent and added to the previous year's dollar per unit per month fee (including any free unit for managerial staff).
9. Term of the Aareement and Termination.
(a) Unless terminated earlier under section (b), (c),or (d) of this
Paragraph, this Agreement shall be in effect for one (1) year with an option to renew for
two (2) additional one (1) year periods commencing October 1, 1999 (the month THE
AGENT commences operations).
(b) This Agreement may be terminated by either Party as of the end of
any calendar month by giving to the other Party not less than sixty (60) days' prior
written notice of an election to so terminate.
(c) If a petition in bankruptcy is filed by or against either THE AGENCY or
THE AGENT, or if either Party shall make an assignment for the benefit of creditors or
take advantage of any insolvency act, either Party may terminate this Agreement
without prior notice to the other Party.
(d) Upon termination of this Agreement for any reason, THE AGENT shall
submit to THE AGENCY all financial statements and records pertaining to the
Apartments. THE AGENT shall submit to THE AGENCY all of THE AGENT'S
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computer/electronic files for the Apartments in IBM PC compatible format, including any
database accounting records, marketing information, tenant files, and any other
information pertaining to the Apartments in THE AGENT'S files then stored in
computer/electronic media. Upon termination of this Agreement for any reason, THE
AGENT shall deliver to THE AGENCY any and all hardware, equipment, or supplies
purchased by THE AGENT for the Apartments under a budget approved by THE
AGENCY. After the Parties have accounted to each other with respect to all matters
outstanding as of the date of termination, THE AGENCY shall furnish THE AGENT
security, satisfactory to THE AGENT, against any outstanding obligations or liabilities
which THE AGENT may have incurred hereunder.
IO. Policv Makina and Administration.
(a) THE AGENCY shall establish policies and the role of THE AGENT is
to implement those policies. Therefore, THE AGENCY shall not issue instructions
directly to any on-site personnel or other personnel of THE AGENT. Any instructions by
THE AGENCY shall be transmitted by THE AGENCY'S Executive Director or designee
in writing to THE AGENT who will then instruct the proper staff person on site.
(b) Some of the policies to be established by THE AGENCY with the
input of THE AGENT shall be in the following areas:
(1) Tenant selection criteria;
(2) House rules;
(3) Eviction;
(4) Marketing and a management plan;
(5) Personnel, salaries and benefits;
(6) Lease provisions, lease terms, and lease amendments;
(7) Rent collection;
(8) Security; and,
(9) Maintenance.
(c) To facilitate promulgation of policy, THE AGENCY and THE AGENT
will meet monthly to review financial reports, management procedures and tenant
relations. THE AGENT will prepare a written narrative report of the proceedings
following each meeting.
(d) THE AGENT will comply with all laws, statutes, ordinances,
governmental rules and regulations, conditional use permits, zoning variances and the
like, now in force or which may hereinafter be enacted, promulgated or granted with
respect to the Apartments. THE AGENT agrees to comply with Title VI1 of the Civil
Rights Act of 1964, as amended, and the California Fair Employment Practices Act.
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11. Leasina of Units.
(a) THE AGENT will advertise as necessary to fill units immediately upon
certificate of occupancy, by displaying "for rent" signs, by making outreach to local
community organizations and churches, and by means of flyers, banners and other
media as necessary. Once the Apartments are fully occupied, THE AGENT will
establish a waiting list to be used to fill subsequent vacancies.
(b) A Tenant Selection Policy and a management plan including tenant
participation will be promulgated by THE AGENCY with input from THE AGENT. The
resident manager will screen applicants who will be accepted for or declined tenancy in
accordance with the Tenant Selection Policy. Incomes and assets of applicants will be
verified and documented in a standardized reporting form acceptable to all necessary
compliance monitoring agencies.
12. Aaent's Authoritv to Administer Leases.
(a) THE AGENCY grants THE AGENT the authority to sign, renew or
cancel leases for the Apartments and any part thereof; to collect rents or other charges
and expenses due or to become due and give receipts therefor, to terminate tenancies
and sign and serve in the name of THE AGENCY such notices as are appropriate; with
the approval of the General Counsel of the Redevelopment Agency to institute and
prosecute actions to evict tenants and to recover possession of units in the name of
THE AGENCY and recover rents and other sums due and, when expedient, to settle,
compromise, and release such actions or suits or reinstate such tenancies, subject to
the following procedures which may be amended from time to time, as required by
practical concerns, with the mutual consent of the Parties.
(b) Rent will be collected by the resident manager at the site oftice.
Rents are due on the first day of every month. THE AGENT shall act in accordance with
the law and with those procedures established by THE AGENCY when dealing with
delinquent tenants. Once legal action is initiated, the resident manager will have no
authority to accept rent from the tenant. At this point, the tenancy may be reinstated
only under the following conditions:
(1) Approval by THE AGENT;
(2) Payment by the tenant of all past due rent, late charges, and
legal fees and court costs incurred; and
(3) Only if legal proceedings have not been previously filed against
the tenant.
(c) A service fee of $10.00 will be charged for returned checks. If
payment is not made within three (3) days of notification, then eviction proceedings may
be initiated.
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(d) Partial payments will only be accepted when approved in advance by
the Director of Property Management.
(e) A security deposit will be charged to all tenants. The amount of the
deposit may be a maximum of two (2) months rent for the unit and will be collected
along with the first month's rent. At the termination of the lease, the tenant will be
required to return the unit in the same condition in which it was received less
reasonable wear and tear as determined by the resident manager. If there is tenant
damage, the actual cost to repair the damage will be deducted from the security
deposit. Any remaining deposit will be returned to the tenant within fourteen (14) days
as required by law. If the tenant owes money in addition to the security deposit, every
effort will be made to collect from the tenant.
(9 A move out inspection will be performed by the resident manager in
the presence of the tenant.
(9) In addition to rent, tenants will pay for use of the laundry equipment.
(h) The community room will be available to the residents upon request
for special functions providing that the date requested is available and the resident
reserves that specified date in writing with the resident manager
13. Maintenance and ReDair of ADartments.
(a) THE AGENCY grants THE AGENT the power and authority to make
or cause to be made and supervise repairs and alterations, and to do decorating in the
Apartments and to purchase supplies and pay all bills therefor. THE AGENT agrees to
secure prior approval of THE AGENCY on all expenditures in excess of $1,000 for any
one item, except in the case of emergencies as set forth below.
(b) Equipment and supplies will be purchased and maintained on-site.
An inventory list will be made of this equipment and kept on-site and in THE AGENT'S
office.
(c) THE AGENT shall prepare for use by the management staff, standard
procedures for inspecting major equipment and standard maintenance procedures.
Such equipment will include, but not be limited to, elevators, HVAC systems, N
antenna, garages, fans, electric gates, locks and security systems, and other
mechanical equipment. Upon turnover, the interior of every unit shall be generally
cleaned or repainted.
(d) Qualified contractors or maintenance staff hired and supervised by
THE AGENT will perform most of the cleaning and general maintenance.
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(e) Should an outside contractor be used, three bids will be obtained and
the lowest or most reasonable bid will be selected, with THE AGENCY'S approval if the
bid exceeds the authorized spending limit.
(9 Tenants will be required to report to the resident manager any items
requiring maintenance or repair. Upon notification from a tenant, the
managerhaintenance person will complete a work order. Work orders will be
completed in four parts for all maintenance or repair, including vacant units. Upon
completion of the work order, the manager and tenant will sign the work order, and THE
AGENT shall keep two (2) copies of the work order by month and unit. One copy of the
work order will be placed in the tenant tile and one copy will be given to the tenant.
Non-emergency maintenance or repair requests will be attended to within forty-eight
(48) hours, and when this is impossible, the tenant will be notified immediately as to
when the maintenance or repairs will be undertaken.
(9) Emergency requests will be handled immediately. The resident
manager will be instructed on how to handle emergency repairs and will have an
approved list of vendors to use in the absence of THE AGENT. The tenants will be
instructed to contact THE AGENT'S 24-hour answering service, which is instructed on
how to handle these situations.
(h) The trees, shrubs and other landscaping features will be maintained on a regular basis.
(i) An exterminator will be hired to provide an ongoing program of pest
control on a monthly schedule.
(j) A regular monthly schedule will be established for cleaning and
painting gutters, railings, common areas, outside windows, and so on.
(k) Trash will be removed from dumpsters in the building by the local
garbage collection service as often as necessary to maintain the Apartments in a neat,
clean and sanitary condition.
(I) The resident manager will perform annual inspections of all units and
any damage or housekeeping problems will be identified at that time. Notice will be
given to the tenants to repair or clean as appropriate. If the tenant fails to respond,
then the resident manager will make the requested repairs or cleaning and charge the
cost to the tenant.
(m) If THE AGENCY shall request THE AGENT to undertake work
exceeding that customary in San Diego County for normal management of multi-unit
apartment buildings, then a fee shall be agreed upon for such work before the work
begins. Normal management does not include modernization, refinancing, fire
restoration, major rehabilitation, obtaining income tax advice, presenting petitions to
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planning or zoning committees, advising on proposed new construction, or other
counseling.
14. Tenant Relations.
(a) The resident manager will handle tenant grievances. If this is
unsatisfactory to the tenant, THE AGENT will become involved. THE AGENT will
immediately notify THE AGENCY of any such requests and inform the tenant of their
right to appeal to THE AGENCY as a last resort.
(b) Tenants' requests for maintenance or repairs will be handled as
described in paragraph l2(f) above.
(c) On execution of a lease, or at time of move-in, new tenants, including
all family members, will be oriented to the house rules and policies. Items reviewed will
include the lease, house rules and regulations, maintenance policies, fiscal policies,
supervision of children, and emergency safety equipment and procedures.
(d) On request from THE AGENCY, THE AGENT will make its principal
officers available for meetings with tenants as a group, or with tenants' association if
one is formed, as often as once a month.
15. Indemnification.
(a) THE AGENT shall defend and indemnify and save THE AGENCY
harmless from any and all claims, costs, expenses, demands, attorneys' fees, suits,
liabilities, judgements and damages arising from or connected with the management of
the Apartments by THE AGENT or the performance or exercise of any of the duties,
obligations, powers, or authorities granted to THE AGENT. The foregoing provision of
this paragraph shall survive the termination of this Agreement.
(b) The City of Carlsbad agrees to maintain liability insurance coverage
on the property. Agent shall not be responsible for the type, amount or sufficiency of
insurance coverage on the Apartments.
16. Insurance. The Contractor shall obtain and maintain for the duration of the
contract and any and all amendments insurance against claims for injuries to persons
or damage to property which may arise out of or in connection with performance of the
work hereunder by the Contractor, his agents, representatives, employees or
subcontractors. Said insurance shall be obtained from an insurance carrier admitted
and authorized to do business in the State of California. The insurance carrier is
required to have a current Best's Key Rating of not less than "A-:V" and shall meet the
City's policy for insurance as stated in Resolution No. 91-403.
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A. Coverages and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein:
1. Comprehensive General Liability Insurance: $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Non-owned Automobile Liability Insurance: $1,000,000 combined
single-limit per accident'for bodily injury and property damage.
3. Workers' Compensation and Employer's Liability Insurance:
Workers' Compensation limits as required by the Labor Code of the State of California
and Employer's Liability limits of $1,000,000 per accident for bodily injury.
B. Additional Provisions.
THE AGENT shall ensure that the policies of insurance required under
this agreement contain, or are endorsed to contain, the following provisions.
1. THE AGENCY shall be named as an additional insured on all
policies excluding Workers' Compensation.
2. THE AGENT shall furnish certificates of insurance to THE
AGENCY before commencement of work.
3. THE AGENT shall obtain occurrence coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
THE AGENCY sent by certified mail.
5. If THE AGENT fails to maintain any of the insurance coverages
required herein, then THE AGENCY will have the option to declare THE AGENT in
breach, or may purchase replacement insurance or pay the premiums that are due on
existing policies in order that the required coverages may be maintained. THE AGENT
is responsible for any payments made by THE AGENCY to obtain or maintain such
insurance and THE AGENCY may collect the same from THE AGENT or deduct the
amount paid from any sums due THE AGENT under this agreement.
C Crime Bond. THE AGENT shall provide a Crime Bond in the
amount of $50,000 naming THE AGENCY as co-obligee.
10
17. Assianment of Contract. The Agent shall not assign this contract or any
AGENCY.
part thereof or any monies due thereunder without the prior written consent of the
18. Jurisdiction. The Contractor agrees and hereby stipulates that the proper
venue and jurisdiction for resolution of any disputes between the parties arising out of
this agreement is San Diego County, California
19. Successors and Assians. This Agreement shall be binding upon the
successors of THE AGENT and the successors and assigns of THE AGENCY.
20. Notice. If it shall become necessary for THE AGENT or THE AGENCY to
give notice of any kind, the same shall be written and shall be served by sending such
notice by certified mail, return receipt requested, to the address shown under THE
AGENT'S or THE AGENCY'S signature below.
21. Entire Aareement. This Agreement shall constitute the entire agreement
between the Parties, and no variance or modification thereof shall be valid and
enforceable except by supplemental agreement in writing, executed and approved in
the same manner as this Agreement.
The Parties acknowledge having read the foregoing Ag re its
execution and receipt of a duplicate original dated this 22day of
1999.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
first written above.
THE AGENCY:
THE AGENT:
2b65 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389
Interfaith Housing Assistance Corporation
A California NonDrofit CorDoration
By:
30 Fourth Ave
San Diego, CA 95101 ''
11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sari Diego } ss,
On 9/28/99 , before me, Patricia M Martin
Date Name and Title of ORicer (e.@ '"Jane Doe. Notary Public')
Place Notary Seal Above
E3 personally known to me 0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
the same in hislherltheir authorized
acknowledged to me that helshelthey executed
capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
ITNESS my hand and official seal.
f. 11 *
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Individual
Signer's Name:
0 Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
Other:
0 Guardian or Conservator
I
Signer Is Representing: u
0 1997 National Notary Assoctation . 9350 De Soto Ave , PO Box 2402. Chaisworth. CA 91313-2402 Prod. No. 5907 Reorder Call Toll~Free 1-800~8766827