HomeMy WebLinkAbout1999-09-21; Housing & Redevelopment Commission; 313; Services for the Tyler Court ApartmentsEl > 0 iE %
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VITG. T-21- 75
IEPT. H/RED
CITY OF CARLSBAD - w
HOUSING AND REDEVELOPMENT COMMISSION -AGENDA BILL2
TITLE- APPROPRIATION OF FUNDING AND DEPT. HD.
AUTH~RIZATION To STAFF TO RETAIN PROFESSIONAL
TYLER COURT APARTMENTS.
RECOMMENDED ACTION:
That the Housing and Redevelopment Commission ADOPT Resolution No. 315 APPROVING the following actions related to the required management and maintenance services for the daily operation of the Tyler Court Senior Apartments located at 3363 Tyler Street: 1) adoption of the Operating
Budget for 1999-2000 costs of management and maintenance services and the appropriation of funds as
described in attached Exhibit No. 2; 2) authorization to the Finance Director to establish a reserve for
capital improvements up to a maximum of $200,000; and 3) authorization to staff to execute an
Agreement to retain the services of San Diego Interfaith Housing Foundation for the management and
maintenance of the Tyler Court Apartments.
ITEM EXPLANATION
Backaround
On July 20, 1999, the Carlsbad Redevelopment Agency received authorization from the Housing and Redevelopment Commission to acquire the 75unit Tyler Court Senior Apartment Complex located at
3363 Tyler Street. The purchase was approved for the purpose of providing permanent affordable housing
opportunities for very low income senior citizens in Carlsbad. Escrow for the transaction is scheduled to
be completed on September 30, 1999.
Upon close of escrow, the Carlsbad Redevelopment Agency will become the new owner of the subject
apartment project. With assumption of ownership comes the immediate responsibility to manage and
maintain these existing rental units. As previously directed by the Housing and Redevelopment
Commission, staff has taken action to solicit proposals from qualified non-profit housing agencies to
provide the required day-to-day management and maintenance services for the Tyler Court Senior
Apartments.
On August 13, 1999, staff distributed a Request for Proposals (RFP) to a total of six (6) area non-profit
agencies which specialize in the development, management and maintenance of multi-family affordable housing. A total of four agencies responded to the subject RFP. These agencies include: Bridge Housing
Corporation, Community Housing of North County, San Diego Interfaith Housing Corporation and the
Southern California Housing Development Corporation. Staff evaluated and compared the agencies and
their proposals in the following four key areas: 1) Qualifications/Experience with Senior Projects; 2)
Proposed Maintenance Program (routine, preventive and capital improvements); 3) Management Plan; and
4) Management Fee.
Prooosal Review and Staff Recommendation
Based on the evaluation of the proposals, it is staff’s opinion that all four agencies noted above are well-
qualified to perform the necessary services for the City and submitted comparable cost estimates for services. In order to select one agency to retain for the required services, it was necessary for staff to
identify the most important qualifications and subsequently select a non-profit management company
bage 2 of Agenda Bill No. 313
based on these qualifications. With the assistance of the Housing Policy Team, a decision was made to
recommend the agency who had the best combination of experience with senior-only projects, affordable
apartment projects, and in providing third-party management services on behalf of public agencies.
Therefore, staff is recommending that the services of San Diego Interfaith Housing Foundation (Interfaith),
with their affiliated non-profit management company, Interfaith Housing Assistance Corporation, be
retained to manage and maintain the Tyler Court Senior Apartment Project for the Carlsbad
Redevelopment Agency. Overall, Interfaith manages 680 units of affordable housing in a total of 11
housing projects. Of the units managed by Interfaith, a total of 378 are senior units and four of the
properties managed by Interfaith are senior-only projects. In addition, Interfaith has provided third-party
management services for the County of San Diego in four affordable apartment projects for the past 2 to 3
years, and received a strong recommendation from the County.
Costs and Conditions
The total costs to the Carlsbad Redevelopment Agency for management and maintenance services for
the Tyler Court Senior Apartments for the first year will be approximately $225,000. The operations
budget for the project is outlined in Exhibit 2. The budget includes an annual management fee to be paid
to Interfaith in the amount of $27,000 (or $30 per door, per month). The budget also includes charges for an on-site resident manager and maintenance personnel, as well as the on-going operational expenses of
the property. Staff is requesting that the Executive Director of the Redevelopment Agency be authorized to execute the management agreement contained within Exhibit No. 3 in substantially the form submitted
and subject to final approval by the City Attorney. In addition to the operational budget, staff is requesting that a reserve be established to pay for future capital improvements to the property in a maximum amount
of $200,000.
FISCAL IMPACT
The costs associated with the day-to-day management and maintenance for the Tyler Court Senior Apartments is estimated to be approximately $225,000 for the first year of operations. The funds to
operate the complex will be provided through rent revenues generated by lease of the 75 senior units on a monthly basis. In addition, a reserve will be established to fund any capital improvements for the
property. The reserve will be funded with excess cash flows after the payment of operation expenses, up
to a maximum of $200,000. Based on current projections, it is estimated that rent revenues generated by
the project will be approximately $356,000 per year. At this time, it is not anticipated that any additional
City or Redevelopment Agency funding will be required for operations of the subject property.
EXHIBITS
1. Housing and Redevelopment Commission Resolution No. 3 1 5 appropriating funding and
authorizing the Executive Director to retain the services of San Diegb Interfaith Housing Foundation
for the Management and Maintenance of the Tyler Court Apartments.
2. 1999-2000 Operating Budget for Tyler Court Apartments.
3. Agreement between San Diego Interfaith Housing Foundation and the City of Carlsbad Redevelopment Agency for the Management and Maintenance of the Tyler Court Apartments.
4. Proposals for Management and Maintenance Services of the Tyler Court Apartments (on file in the
Housing and Redevelopment Office).
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RESOLUTION NO. 315
A RESOLUTION OF THE CITY OF CARLSBAD HOUSING AND
REDEVELOPMENT COMMISSION APPROVING THE 1999-2000
OPERATING BUDGET AND APPROPRIATING FUNDS FOR THE
TYLER COURT APARTMENTS AND AUTHORIZING STAFF TO
RETAIN THE SERVICES OF SAN DIEGO INTERFAITH HOUSING
FOUNDATION FOR THE MANAGEMENT AND MAINTENANCE
OF THE TYLER COURT APARTIMENTS.
WHEREAS, the City of Carlsbad has a significant need for affordable housing throughout the
community as set forth in both its Housing Element of the General Plan and the City’s federally-
required Consohdated Plan; and
WHEREAS, the provision of affordable housing at any location within the City of Carlsbad
will have a substantial benefit to the Redevelopment Project Area, as well as the remainder of the
community; and
WHEREAS, the City Council and the Housing and Redevelopment Commission, previously
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14 approved the purchase of the Tyler Court Senior Apartments for the purpose of providing affordable
15 housing to seventy-five (75) very low income senior households; and
16 WHEREAS, the Housing and Redevelopment Commission has previously directed staff to
17 seek the services of a non-profit housing organization for the day-to-day management and
18 maintenance of the property; and
19 WHEREAS, the revenues generated by operation of the Tyler Court Senior Apartments will
20 support the operational costs for Management and Maintenance of the Tyler Court Senior Apartments;
21 and II
22 WHEREAS, the Housing and Redevelopment Commission did hold a public meeting to
23 consider the proposals from non-profit housing agencies submitted for the Management and
24 Maintenance of the Tyler Court Senior Apartments.
25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment
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Commission of the City of Carlsbad, California, as follows:
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The above recitations are true and correct.
The Housing and Redevelopment Commission hereby authorizes the Agency
Executive Director to execute an Agreement to retain the services of San Diego
Interfaith Housing Foundation for Management and Maintenance of the Tyler Court
Apartments, substantially in the form presented to the Commission and subject to
prior approval by the City Attorney.
That the Housing and Redevelopment Commission approves the 1999-2000
Operating Budget and appropriates the funds as stated in the Housing and
Redevelopment Agenda Bill for the Tyler Court Senior Apartments, to be
administered by the San Diego Interfaith Housing Foundation on behalf of the
Carlsbad Redevelopment Agency.
That the Housing and Redevelopment Commission author&es the Finance Director to
utilize any cash flow after the payment of operating expenses for capital
improvements until the set-aside reaches a maximum amount of $200,000.
PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and
Redevelopment Commission of the City of Carlsbad, California, held on the 21 st day of
SePte*er , 1999, by the following vote, to wit:
AYES: Board Members Lewis, Nygaard, Finni
NOES: None
ABSENT: Board Member Hal
.la & Kulchin
ABSTAIN: None
ATTEST:
IUYMOND R. PATCHETT, SECRETARY
HRC RESO. NO.
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SEP-14-1999 1?:35 FROM 1NTERFFlITt-i HOUSING TO 17607202037 P.03 . . lblt 2
ITvler Court Senior Apartments
j BUDGET FOR 12 MONTHS ENDING 9/30/00
175 Units I
14-Sep-99 I ANNUAL
BUDGET
i THRU 9/30/2000
ANNUAL
BUDGET
PER UNIT
VACANCIES i
5220iApartments @Oh) --~_ Total Vacancies
!NET RENTAL REVENUE ..-.--_ -_- ! 1 OTHERREVENUE 7-
5910 1 Laundry
: Total Other Revenue ; TOTAL REVENUE I
I_.- (17,821)j (238)
(17,821)i -_--I 344,735 r (238) 4,596
1
4,800 / 64 -_
4,800 j 64
349,535 j 4,660 I
I EXPENDITURES -. I
ADMINSTRATIVE 6200/6300
6210’ IAdvertising 1 6310 Accounting/Bookeeping -
3,600 ) 48
3,000 40
_ Expense/Supplies 6311 Office 2,400 32
6320 I Mar ranement Fees
6330 On-Site Management
27.000 i
- 6331 Staff Unit Salary 161800
360
i 224
6,144 82
6332 Staff Training
[
600 8 6340 Legal Expenses
!
t 1,200 1 16 ---
I 635f
6351 Computer System
5 Payroll Expense 1 ~__ 63751 Telephones/Fax/Pager Resident Services
636C , 1,800 24 -.. -
6390 ~Miscellaneous 1,200 16
6397 j Mileage Expense 1,200 16 - : Total Admjnstrative 1,200 16
I Expenses 67,094 : 895
L 500 1
450 I
UTILITIES -
6450 Electricity 6451 Water/Sewer 10,000 133
6452 11,000 Gas 147 --. Total Utilities 3,000 / 40
- I 24,000 1 320 I
SEP-14-1999 17:36 FROM INTERFQITH HOUSING TO
/OPERATING & MAINTENANCE EXPENSE
t 65101 Janitor’Cieanina ----- ..- 6519 i Exterminating
17607202037 P.04
7 ! --_---~ 3,200 I 43
11200 [ 16 I 6535 6525 j 1 Garbage Landscaoe Removal Contract 3,200 8,400 1 i 112 43
- __(_____ --- - -
-6536 j Landscape Supplies
6540 j Repairs Salary
6541 /Repairs Supplies I
6542 1 Repairs Contract _..--_ 6561 /Decorating Contract (paint/blinds/floors)
Total Operating & Maintenace Expense I
12,000 j 160
12,000 j 160 _-~. -__ 62,800 I 837 t
I TAXES AND lNSk?ANCE 6700
6710 1 Real Estate Taxes 53,883 718 -. ~~~__ _- .- 6711 Payroll Taxes 3,200 1 43
6719 Misc. Taxes, Lit. and Permits 250 [ 3
67201 Property and Liability Insurance i 8,043Q 1 107
6721 /Fidelity Bond / 120 1 2
6722 : Worker’s Comp insurance 1,520 1 20
67231 Employee Benefits 4,400 [ 59 -I_-_ Total Taxes and Insurance 71.373 I 952
--
---
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TOTAL COST OF OPERATIONS:
/
225,267 j 3,004
, n I t TOTAL EXPENDITURES I 225,267 3,004 LESS TOTAL REVENUE I 349,535 4,660
/EXCESS INCOME (DEFICIENCY) j 124,268 1,657
TOTAL P.04
SEP-14-1999 16:36 FROM INTERFQITH HOUSING To - 17687202037 P.02
Exhibit 3
MANAGEMENT AGREEMENT
This MANAGEMENT AGREEMENT (“AgreemeW is made and entered into this
day of 1999, by and &etween the City of Carlsbad
Redevelopment Agency (hereinafter’called “THE WY”), 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 CITY and THE AGENT are sometimes hereinafter colIectively
referred to as a THE PARTIES.”
In consideration of the terms, conditions, and covenants hereinafter set forth, the
Parties agree as follows:
1, Appointment of Aaent. The City hereby appoints THE AGENT, and THE AGENT
hereby accepts appointment, on the terms and conditions hereinafter provided, as exclusive manziging 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 Aoat-tments. To facilitate efficient operation, THE CITY 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 wifl 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. Asent’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 CITY on
the recommendation of THE AGENT or resulting from wage negotiations, Agent will
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investigate, hire, pay, supervise, and discharge the personnel necessary to be empfoyed to
properly maintain and operate the Apartments. Such personnel shall in every instance be
in THE AGENT’s employ. Compensation for the servict?s 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 CITY 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 CITY approved contractual obligations, no
disbursement shall be made by THE AGENT in excess of $1000.00 unless specifically
authorized by THE CITY; 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 CITY 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 CITY’s authorized
agents during standard business hours. As a standard practice, THE AGENT shall render
to the City’s Finance Departement 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 fojlowing:
1) Cash Flow Statement - indicating monthly and year-to-date
itemization of income and expenses. 2) Budqet Comparison Report - detailing budgeted to actual income
and expenses for the month and year-to-date.
3) Check Reaister Detail Reoort - detailing each check written during
the month.
4) Income Resister - showing details on every item of income
received during the month.
5) Tenant Directory - listing all units in sequence with scheduled
rent, rent paid, and occupancy status.
6) BankReconciliation
7) Monthly Vacancy Report.
8) Copies ,of All invoices - paid during the month.
69 At least 60 days before the beginning of each new fiscal year, Agent will prepare an Operating budget setting forth an itemized statement of the anticipated receipts and disbursements for the new fiscal year based upon the then current schedule
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of monthly rents, and taking into account the general condition of the Apartments and THE
CITY’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 CITY 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 CITY shall serve
as a supporting document for the schedule of monthly rents proposed for the new fiscal
year.
5. Agency Relationship. Everything done by THE AGENT under the provisions
of Paragraph 4 shall be done as an agent of THE CITY, and all obligations or expenses
incurred thereunder shall be for the account of, on behalf of, and at the expense of THE
CITY, except that THE CITY shall not be obligated to pay the overhead expenses of THE
AGENT’s office. 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
CITY, described in Paragraph 6 below, or as may be provided by THE CITY. THE AGENT
shall not be obligated to make any advance to or for the account of THE CITY 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 CITY without
assurance that the necessary funds for the discharge thereof will be provided by THE
CITY.
6. 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 indicated the custodial nature thereof, a separate bank account as Agent of THE CITY for the deposit of the monies of THE CITY, 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.
7. Aqent’s Compensation. 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 shalt 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).
8. Term of the Aareement and Termination.
(a) Unless terminated earlier under section (b), (c),or (d) of this Paragraph,
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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 CITY or 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 CITY all financial statements and records pertaining to the Apartments.
Agent shall submit to THE CITY all of Agent’s computerleiectronicfiles 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 Agent’s
files then stored in computer/electronic media. Upon termination of this Agreement for any
reason, THE AGENT shall deliver to THE CITY any and all hardware, equipment, or
supplies purchased by THE AGENT for the Apartments under a budget approved by THE
CITY. After the Parties have accounted to each other with respect to all matters
outstanding as of the date of termination, THE CITY shall furnish THE AGENT security,
satisfactory to THE AGENT, against any outstanding obligations or liabilities which THE
AGENT may have incurred hereunder.
9. Policy Makina and Administration.
(a) THE CITY shall establish policies and the role of THE AGENT is to
implement those policies. Therefore, THE CITY shall not issue instructions directly to any
on-site personnel or other personnel of THE AGENT. Any instructions by THE CITY shall
be transmitted by THE CITY’s Executive Director 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 CITY with the input of THE AGENT shall be in the following areas:
(1)
(2) (3)
g;
:;;
(8)
Tenant selection criteria:
House rules;
Eviction;
Marketing and a management plan;
Personnel, salaries and benefits;
Lease provisions, lease terms, and lease amendments;
Rent collection:
Security; and,
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(9) Maintenance.
(c) To facilitate promulgation of policy, THE CllY and Agent will meet
monthly to review financial reports, management procedures and tenant relations. Agent
will prepare a written narrative report of the proceedings following each meeting.
(d) Agent will comply with all laws, statute$, 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.
Agent agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, and the
California Fair Employment Practices Act.
IO. Leasinq 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 CITY 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.
11. Agent’s Authoritv to Administer Leases.
(a) THE CITY grants THE AGENT the authority to sign, renew or cancel
leases for the Apartments and any pari 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 CITY such notices as are appropriate; to institute and
prosecute actions to evict tenants and to recover possession of units in the name of THE
CITY 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 office. Rents
are due the first day of every month Agent shall act in acctdance with the law and with those procedures established by TH@ CITY 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:
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SEP-14-1999 16:48 FRQI INTERFAITH HOUSING TO - 17607202037 P.05
(1) Approval by THE AGENT;
(2) Payment by the tenant of ail 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.
(d) Partial payments wilJ 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 effott will be made to collect from the
tenant.
(f) A move out inspection will be performed by the resident manager in the
presence of the tenant.
(g) 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
12. Maintenanceand Reoair of Aoartments.
(a) THE CITY 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 CITY on all expenditures in excess of $1 !OOO 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
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equipment will include, but not be limited to, elevators, HVAC systems, TV 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.
(e) Should an outside contractor be used, three bids will be obtained and the
lowest or most reasonable bid will be selected, with THE CITY’s approval if the bid exceeds
the authorized spending limit.
(f) Tenants will be required to report to the resident manager any items
requiring majntenance or repair. Upon notification from a tenant, the manager/maintenance
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
file 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.
(g) 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.
(i>’ 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.
the tenants to repair or clean as appropriate. Notice will be given to
If the tenant fails to respond, then the resident manager will make the requested repairs or cleaning and charge the cost to the
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tenant.
(t-n} IfTHE CITY h It s a 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 planning or zoning committees, advising on proposed new construction, or other counseling.
13. 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 CITY of any such requests and inform the tenant of their right to
appeal to THE CITY as a last resort.
(b) Tenants’ requests for maintenance or repairs will be handled as
described in paragraph 12(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 lea%, house rules and regulations, maintenance policies, fiscal policies, supervision of children, and emergency safety equipment and procedures.
(d) On request from THE CITY, 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.
14. Miscellaneous Provisions.
(a) 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.
(b) If it shall become necessary for THE AGENT or THE CITY 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
CITY’s signature below.
(c) This Agreement shall be binding upon the successors of THE AGENT and the successors and assigns of THE CITY.
15. Insurance and Indemnification
8
SEP-14-1999 16:42 FRD INTERFAITH HOUSING TO - 17607202037 P.08
(a) THE CITY shall defend Agent, except for Agent’s adjudicated willful
misconduct, THE CITY shall indemnify and save Agent 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 Agent or the
performance or exercise of any of the duties, obligations, powers, or authorities granted to
Agent; and VLF shall reimburse Agent on demand for any monies Agent is required to pay out whatsoever for items covered by this paragraph. The foregoing provision of this
paragraph shall survive the termination of this Agreement.
(b) THE CITY agrees to maintain fire and liability insurance coverage on the
property and to name Agent as additional insured for liability on the insurance policy. A
copy of the fire and liability insurance coverage and endorsements shall be delivered to Agent upon the commencement of the contract. Agent shall not be responsible for the
type, amount or sufficiency of insurance coverage on the Apartments.
The Parties acknowledge having read the foregoing Agreement before its execution and
receipt of a duplicate original dated this day of ) 1999.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
first written above,
THE CITY: The City of Carlsbad Redevelopment Agency
By:
Raymond R. Patchett, Executive Director
Address: 2965 Roosevelt Street, Suite B
Carlsbad, CA 920082389
THE AGENT: Interfaith Housing Assistance Corporation
A California Nonprofit Corporation
By:
Matthew B. Jumper, Executive Director
Address: 2130 Fourth Avenue
San Diego, CA 92101
9
TOTAL P.08
1
MANAGEMENT PLAN
FOR
TYLER COURT APARTMENTS
The intent of this management plan is to present guidelines that the Owner and the Managing Agent will follow
in the operation of Tyler Court Apartments.
Property Name: Tyler Court Apartments
Managing Agent: Interfaith Housing Assistance Corporation
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 “Development”.
I. Role and Responsibility of the Owner, and its relation, and delegations of authority to the
Manaping Agent. a
The Interfaith Housing assistance Corporation (IHAC) President is charged by the owner’s Board of
Directors with overall responsibility for supervising its affairs. That offker represents, and has authority
to act for, the Owner in relationships with the Managing Agent and other involved parties. That offtcer
also supervises, on behalf of the Owner, the performance of the Managing Agent in carrying out its
responsibilities. The President of Interfaith Housing Assistance Corporation is the responsible officer in
charge of the operations of the Managing Agent.
The responsibilities of the Owner and Managing Agent are defined in the management agreement and
this management plan so as to eliminate overlapping areas. The responsible offkers of the Owner and
Managing Agent are in regular contact to insure close coordination. The management agreement sets
forth the items that are to be paid by the Development or out of the Managing Agent’s fee.
A. Managing Agent’s Services and Duties. Under the personal and direct supervision of the
President, the Managing Agent (hereinafter referred to as “Agent”) shall render services and
perform duties as follows:
1. Personnel Policv and Staffing. On the basis of job standards and wage rates, the Agent
will investigate, hire, pay, supervise, and discharge the personnel necessary to be
employed to properly maintain and operate the Development. 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 Development. Personnel Policy is
outlined in a separate document.
2. Maintenance and Repair Program. The Agent will cause the buildings, appurtenances
and grounds of the Developments to be maintained according to standards acceptable to
2
Owner and its lenders including all normal maintenance and repair work as may be
necessary. The Program is outlined in detail in Section VI of this plan.
3. Expenditure Authorization. With the exception of payments required under the
mortgage, taxes, insurance, utilities, payroll and vendor contractual obligations, no
disbursement shall be made by the Agent in excess of $1000.00 unless specifically
authorized by the Owner; excepting, however, that emergency repairs, involving manifest
danger to life or property, or immediately necessary for the preservation and safety of the
Development, or for the safety of the residents, or required to avoid the suspension of any
necessary services to the Development, 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 Owner regarding every such expenditure and its effect on the
budget. Countersignature is required on check requests of more that $10,000.
Authorization for all payables is required by the supervisor of the requestor while checks
may only be signed by the IHAC President or a member of the Executive Committee of
the Board of Directors.
4. Administration.
a. Records Maintenance. The Agent will maintain a comprehensive system of office
records, books, and accounts in a manner satisfactory to include all appropriate
Development expenditures. Part of this system will include the use of a Check
Request and an Accounts Payable stamp.
(1) Check request has two functions.
(4 to reimburse for money spent out of pocket for
Development expense.
@I to advance a check for a specific documented
purpose/vendor.
(2) Accounts Payable stamp assists in paying each bill properly. Upon
receipt of each bill, the item is stamped and the Development site noted.
Upon payment of each bill, the remainder of the stamp is completed,
indicating check #, amount and date paid. Preliminary approval by the site
staff is also necessary indicating the item was received or the service was
properly rendered and at the appropriate cost.
b.
Records shall be subject to examination by authorized agents during regular
business hours. As a standard practice, the Agent shall render to the Owner a
statement of receipts and disbursements, a schedule of accounts receivable and
payable, and a reconciled bank statement as of the end of the preceding month.
Accounting Records, Forms, and Vouchers. All accounting and purchasing
procedures are consistent with governmental requirements governing fiscal
17
3
operations for multi-family housing Developments. Monthly reports are based on
information provided by the Resident Manager and reviewed by the Directors of
Property Management and Finance. All monthly financial reports, and other
reports required by Owner are prepared by the Director of Finance under the
supervision of the Agent. Resident income certifications are prepared by the
Resident Manager and are kept at the Development office. Copies are kept on file
at the Agent’s office. The Agent monitors cash flow on a continuous basis. The
Owner receives a monthly cash flow statement concerning the fiscal activities,
including a financial statement every quarter.
C. Supplies. Office supplies are purchased directly, upon approval, from various
office supplies vendors. The IHAC staff conducts periodic price comparisons.
5. Budgets. 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 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 Development and
Owner’s objectives for the ensuing year. Each such budget, together with a statement for
the Agent outlining a plan of operation and justifying the estimates made in every
material item, shall be submitted to the Owner for submission to the appropriate agency,
if necessary, in final draft at least thirty (30) days before the commencement of the fiscal
year for which it has been made. The budget as finally approved and adopted by the
Owner shall serve as a supporting document for the schedule of monthly rents proposed
for the new fiscal year.
6. The Agent shall consult with the Owner concerning any of the following:
a. Property improvements over $1000.00.
b. Changes in rent collection policies.
C. Government requirements seriously affecting the economic status of the
Development.
d. Insurance.
e. Any change in the financial status or needs of the Development that necessitates a
change in the operating budget.
f. Selection of an auditor.
g. Other matters as required by the management agreement, or specified from time
to time by the Owner.
7. The:
4
a. Payment of budgeted operating expenses.
b. Selection of residents.
B.
C. Selection of vendors for budgeted services (except as directed by the Owner).
d. Commencement of legal proceedings in the name of the Owner for evictions and
collections of rents.
e. Marketing and advertisements.
f. Other day-to-day activities in the operation of the Development where
consultation is not otherwise required by this management plan or the
management agreement.
8. Compensation. The sole compensation which the Agent shall be entitled to receive for
all services performed under this Plan shall be a fee computed and payable monthly at the
rate approved by the owner.
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 Development.
Resident Manager’s Duties and Responsibilities. The Resident Manager will handle social
services, including referrals to other agencies. The Manager is charged with the responsibility of
keeping informed of appropriate agencies which can be provide social services directly to
residents. The Resident Manager will perform regular duties, such as resident relations,
collection of rents, schedule of maintenance, and other duties deemed necessary to provide a safe
and harmonious environment for all residents. The Resident Manager will establish and
maintain a waiting list, in compliance with monitoring agencies, rules and regulations applicable
to the Development, to be used to I-ill subsequent vacancies.
II. Agencv Bank Account. It is the responsibility of the Agent to establish and maintain, in a bank whose
deposits are insured by the Federal Deposit Insurance Corporation and in a manner to indicate the
custodial nature thereof, a separate bank account or accounts as Agent of the Owner for the deposit of
the monies of the Owner, with authority to draw thereon for any payments to be made by the Agent to
discharge any liabilities or obligations incurred pursuant to this Plan, and for the payment of the Agent’s
fee, all of which payments shall be subject to the limitations in this Plan.
III. Renting of Units. The Agent will advertise as necessary to fill units by making outreach to local
community organizations and churches and to the general public so as to attract Applicants
representative of the community, and by means of media as necessary.
A. Resident Selection Criteria. The Agent has promulgated a resident selection policy. The
Resident Manager will screen applicants who will be accepted or declined residency in
accordance with the Resident Selection Criteria and appropriate governmental regulations.
5
B. Resident Certification and Recertification. Incomes and assets of applicants will be verified and
documented by the Agent in accordance with applicable governmental regulations. The Resident
Manager is primarily responsible for obtaining all necessary information and completion of all
forms relating to certification and recertification of incomes. This is done under the supervision
of the Director of Property Management. The Resident Manager must be knowledgeable
regarding applicable governmental forms and procedures.
C Security Deposit. A security deposit will be charged to all residents. The amount of the deposit
will not exceed one month’s rent and will be collected along with the first month’s rent. At the
termination of the lease, the resident 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 damage, the actual cost to repair the damage will be deducted from the security deposit.
Any unpaid rent also will be deducted from the security deposit. Any remaining deposit will be
returned to the resident within twenty-one (21) days as required by law. If the resident owes
money in addition to the security deposit, every effort will be made to collect from the resident.
D. Gate Deposit and Pet Deposit. There will be a $50.00 gate deposit for each opener per tenant.
Pets will be permitted with a $300 deposit and completion of a Pet Agreement/Veterinarian
Certification.
E. Rent Collection. Rent will be collected by the Resident Manager at the site office. Rents are due
on the first day of every month. All rents are paid by check or money order only. A sign in the
office informs all persons that cash rent is not accepted. Receipts will be given only if requested
by the resident. The Resident Manager deposits the rents in the bank. The deposit record listing
the checks is kept in triplicate: one copy is given to the bank, one copy is retained by the
Resident Manager, and one copy is forwarded with a copy of the rent receipt to the Director of
Finance. All rents are segregated in a separate checking account for the Development kept in the
name of the Owner.
Prepayment of rent is not permitted. Partial rent payments are acceptable only in highly unusual
circumstances and only when approved in advance by the Owner. Rent must be paid within the
first five (5) days of each month and will be considered late on the 6th day. Rents paid after this
time are charged a $10.00 late fee. The intent of the late fee is to reimburse the Development for
the costs of collecting late rents and for the loss of the use of the funds. If a check issued by a
resident is returned by the bank, the resident must replace the returned check and pay the $10.00
charge which the bank charges the Owner for returned checks. If a resident continues to have
rent checks returned by the bank, no further checks are to be accepted from that resident; rent
must be paid by money order thereafter. If rent is not paid by the 6th day of the month, the
Resident Manager will serve a Notice to Pay or Quit.
The Owner and Agent realize that financial problems beyond the control of a resident may arise
(e.g.: loss ofjob, hospitalization, etc.). The Agent will attempt to work with residents to devise
a workable payment schedule. However, no resident will be permitted to become more than one
month behind because such tardiness affects the financial viability of the Development.
Residents will be referred to social service agencies, or agencies providing assistance in
6
budgeting, if the resident desires. Management cannot compel residents to pursue any particular
remedy.
F. In addition to rent, residents will pay for use of the laundry equipment, their own telephone, and
for Cable TV service.
IV. Administration of Leases.
A. The Agent has the authority to sign, renew or cancel leases for the Apartments and any part thereoc
to collect rents or other charges and expenses due or to become due and give receipts therefore, to
terminate tenancies and sign and serve in the name of the Owner such notices as are appropriate; to
institute and prosecute residents and to recover possession of units in the name Owner 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. Model lease begins with a One Year agreement followed by a Month-to-Month lease.
C. Verification of vacancies. All data for all residents is input to a computer system. All governmental
forms are printed for residents as a result of data input into the system. Vacancies are tracked on
governmental reports.
V. Delinauent Rent and Evictions. Agent shall act in accordance with the law and with those procedures
established through governmental regulations when dealing with delinquent residents. All means of
working with the resident to pay need to be exhausted before an eviction proceeds. Once legal action is
initiated, the Resident Manager will have no authority to accept rent from the resident. At this point, the
tenancy may be reinstated only under the following conditions:
A. Approval by the Agent;
1. Payment by the resident of all past due rent, late charges, and legal fees and court costs
incurred; and
2. Only if legal proceedings have not been previously filed against the resident.
A. A service fee of $10.00 will be charged for returned checks. If payment of rent due is not made
within twenty-four (24) hours of notification, then eviction proceedings may be initiated.
B. On the 6th day of the month, if payment has not been received, a pay or quit notice is executed.
Upon expiration of the term of the notice, appropriate documents are submitted to an attorney for
filing and an Unlawful Detainer action will be instigated.
C. If an eviction is required due to something other than non-payment of rent, documentation is
very important. When documentation is sufficient to warrant eviction, including warning letters
to the resident, papers must be submitted to an attorney as advised above. Paperwork necessary
for an eviction includes a copy of the pay or quit notice, back-up documentation, rental
agreement, and proof of service. Evictions for reasons other than non-payment of rent are
7
handled according to the following procedure specified in the lease. In addition, the following
steps are taken:
1. The Resident Manager verbally notifies the resident that particular conduct does not
comply with the Development Rules and Regulations. A follow up letter is sent to
summarize the problem and the verbal notification.
2. If problems continue, the Resident Manager sends a written notice to comply to the
resident.
3. If the problem is not resolved, the resident will be given written notice of the termination
of the lease.
4. If the resident does not vacate, appropriate legal action will be taken.
5. Where the violation of the Rules and Regulations is flagrant, or the resident’s conduct is
harmful to the Development or its residents, the Resident Manager may instigate
immediate termination proceedings.
D. If a resident files for bankruptcy and avoids paying rent, attorney action will proceed. The
procedure will take longer, however.
E. Upon termination of the lease a move out inspection will be performed by the Resident Manager
in the presence of the resident (if possible).
VI. Maintenance and Repair of Buildings and Grounds.
A. The Agent has 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
therefore. The Agent agrees to secure prior approval on all expenditures in excess of $1,000 for
any one item, except in the case of emergencies.
B. Maintenance personnel complete all maintenance functions they are capable of doing correctly
and promptly. Outside maintenance personnel may be called in to perform maintenance beyond
the capacity of staff maintenance personnel.
C. 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.
D. The Agent shall prepare for use by the management a Procedures Manual that includes standard
maintenance procedures. Maintenance of equipment, provided primarily by contract vendors,
will include, but not be limited to, elevators, HVAC systems, wall fans, electric gates, locks and
other mechanical equipment. Upon turnover, the interior of every unit shall be cleaned and
repainted, as needed, and all mechanical repairs shall be completed, as needed. Floor and
window coverings shall be cleaned or replaced, as needed and the apartment fumigated.
22
8
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
Most of the cleaning and general maintenance will be performed by maintenance staff hired and
supervised by the Agent. Should an outside contractor be used, three bids will be obtained and
the lowest or most reasonable bid will be selected (with owner approval, if the bid exceeds the
authorized spending limit). The Resident Manager reviews and authorizes bills (and packing
slips) for payment from outside contractors upon receipt as to cost, items received and work
done.
Residents will be required to report to the site office any items requiring maintenance or repair.
Upon notification from a resident of needed repairs, the resident will be asked to complete a
work order request. Numbered work orders will be completed in three parts for all maintenance
or repair. Upon initiation the resident will retain the third copy. The ofice staff will then record
the work order on the work order log. Upon completion, the maintenance person who completed
the work will sign the work order. The original copy of the work order will be placed in the unit
maintenance file and the remaining copy will be filed in chronological order with the monthly
logs. Non-emergency maintenance or repair requests will be completed within forty-eight hours,
and when this is impossible, the resident will be notified immediately as to when the
maintenance or repairs will be undertaken.
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 trees, shrubs and other landscaping features will be maintained on a regular basis by a
contract vendor.
An exterminator will be hired to provide an ongoing program of pest control on a monthly
schedule.
A regular preventative maintenance schedule will be established for cleaning and painting
gutters, railings, common areas, outside windows, and so on.
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.
Annual inspections of all units will be performed by the Resident Manager and any damage or
housekeeping problems will be identified at that time.
Normal maintenance and management does not include modemization, refinancing, fire
restoration, major rehabilitations, obtaining income tax advice, presenting petitions to planning
or zoning committees, advising on proposed new construction or other counseling.
Semi-annual smoke detector inspections inside each apartment will be done by the on site staff.
All elevators will be inspected annually for current operating permits and monthly by a licensed
vendor.
23
C. .-
9
P. All f-ire extinguishers will be recharged annually and as needed.
Q. Maintenance supplies are purchased directly, upon approval, from various maintenance supplies
VII. Resident Relations.
A. Resident grievances are addressed in the written Grievance Procedures, supplied to all residents
at move-in.
B. Residents’ request for maintenance or repairs will be handled as described in paragraph VI(F)
above.
C. On execution of a lease, or at time of move-in, new residents, 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, pet rules and
regulations, and emergency safety equipment and procedures.
D. The Owner and Agent are committed to maximizing resident participation in the operation of the
Development. The formation of a resident organization will be encouraged.
E. Neighborhood watch. A neighborhood watch will be established and implemented with the
assistance of the San Diego Police Department. As part of the neighborhood watch,
communication with the neighboring Developments was initiated in order to establish a network
of communication and develop teamwork within and among the community.
VIII. Insurance and Indemnification.
Agent maintains fire and liability insurance coverage on the property. A copy of the tire and liability
insurance coverage and endorsements shall be maintained in Agent’s main office.
IX. Management Agreement. The Owner-approved management agreement form is used.
Approved by Owner:
Date
Acknowledged by Managing Agent:
Date
-- COPY-
,. Recorded at the request of
Chicago Title
When Recorded Mail to:
Carlsbad Redevelopment Agency
C/o City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Title Order # 93038306 U13
Escrow No: 93038306 PJ
1
DfIC # 1999-06156924
m3P SOS 1999 4:22 PM
‘14934 OFFIMIY fEfnw
1 8M DIE60 m REtlmR’S m1cE
1 ) fifBofH iiEP’ TDER
\ oci ‘oc
APN 204-070- 19 and 27
)
Suace Above for Recorder’s Use Onlv
RANT DEED
The undersigned declares that the documentary transfer tax is %$&0&0@tnd is computed on the full value
of the interest or property conveyed or is computed on the Ml value less the value of liens or encumbrances remaining thereon at the time of sale.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Tyler Court Partners, Ltd. a Missouri Limited Partnership and Lido Investments,
Inc., a California corporation
hereby GRANT(S) to
Carlsbad Redevelopment Agency
the following described real property in the County of San Diego, State of California:
The Southwesterly 106 feet of Lot 9, of Industrial Tract in the City of Carlsbad, County
of San Diego, State of California, according to Map thereof No. 1743, filed in the Office
of the County Recorder of San Diego County, January 3,1923, as more fully described as
per attached Description.
Dated: September 26, 1999 Tyler Court Partners, Ltd.
a Missouri Limited Partnership
By: Lido Investments Inc., -
. 1
Pand 1 ‘, L
Oder No. 93038306
PARCEL 1:
DESCRIPTION
THE SOUTHWESTERLY 106 FEET OF LOT 9, OF INDUSTRIAL TRACT IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1743, OFI, JANUARY 3, 1923. EXCEPTING THEREFROM THE NORTHWESTERLY 69.0 FEET
THEREOF THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY 69.0 FEET BEING DRAWN
PARALLEL WITH AND DISTANT 69.0 FEET AT RIGHT ANGLES FROM THE NORTHWESTERLY LINES
OF SAID LOT NO. 9, ALSO EXCEPTING FROM THE SAID LOT 9, THE SOUTHWESTERLY 61.0
FEET OF THE SOUTHEASTERLY 69.10 FEET.
PARCEL 2:
THE SOUTHWESTERLY 61.00 FEET OF THE SOUTHEASTERLY 69.10 FEET OF LOT NO. 9 OF
INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 1923.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND ALL PUBLIC UTILITY
PURPOSES OVER, UNDER AND ACROSS THE SOUTHEASTERLY 20 FEET OF THE NORTHWESTERLY
79.0 FEET, (SAID DISTANCE BEING MEASURED AT RIGHT ANGLES) OF LOT 9 OF INDUSTRIAL
TRACT, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923, EXCEPTING
THEREFROM THAT PORTION LYING WITHIN PARCEL 1 AND 2 HEREIN DESCRIBED.
SAID EASEMENT BEING APPURTENANT TO PARCEL 2 HEREIN ONLY.
PARCEL 4:
LOT 10 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 3, 1923.
PARCEL 5:
THAT PORTION OF LOT 11 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923, DESCRIBED AS
FOLLOWS:
COMMENCING AT CONCRETE MONUMENT AT INTERSECTION OF CENTER LINE OF CHESTNUT
AVENUE AND CENTER LINE OF FIRST STREET; THENCE SOUTH 55O 27' WEST ALONG CENTER
LINE OF CHESTNUT AVENUE A DISTANCE OF 239.8 FEET TO TRUE POINT OF BEGINNING;
SAID POINT OF BEGINNING BEING THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN
DEED FROM ALEX DABETA AND MARIAN DABETA TO ALBERT ACUNA AND NEMFSIA ACUNA,
RECORDED IN BOOK 1817, PAGE 391 OF DEEDS; THENCE CONTINUING ALONG CENTER LINE OF
CHESTNUT AVENUE SOUTH 55" 27' WEST TO INTERSECTION WITH THE NORTHEASTERLY LINE OF
THE ATCHISON TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY AND SHOWN ON SAID MAP;
THENCE NORTH 34" 33' WEST ALONG SAID RAILROAD RIGHT OF WAY 128.43 FEET TO THE
MOST WESTERLY CORNER OF LOT 11; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY
LINE OF SAID LOT 11 TO THE SOUTHWESTERLY CORNER OF SAID ACUNA'S LAND; THENCE
SOUTH 340 33' EAST ALONG THE SOUTH LINE OF SAID ACUNA'S LAND 128.43 FEET TO THE
POINT OF BEGINNING.
‘4
State of California)
Countyof San Diego )
on 9/28 , 1999, before me, the undersigned, a Notary Public in and for
said State, personally appeared DIANE F. OLSON, personally known to me or proven
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument them or the entity upon behalf of which the person(s) acted,
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the
deed or grant dated September 26, 1999, from Tyler Court Partners, Ltd. to
the Carlsbad Housing and Redevelopment Agency, is hereby accepted by
the Housing and Redevelopment Commission of the City of Carlsbad,
, pursuant to Resolution No. 3 12, adopted July 20, 1999, and the grantee
consents to the recordation thereof by its duly authorized officer.
DATED: September 30,1999