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HomeMy WebLinkAboutContracts & Agreements_41-1977REDLANDS PLAZA MANAGEMENT AGREEMENT THE UNDERSIGNED OWNER hereby employs the undersigned BROKER exclusively to manage the real property situated in the City of Redlands, County of San Bernardino, State of California, described as Tax Assessor's Parcel Numbers 171-271--11 and 171-271-13, property commonly known as REDLANDS PLAZA, for a period commencing 1 December 1977 and terminating at midnight 1 December 1978, and thereafter automatically for annual periods, unless terminated by either party by thirty (30) days' written notice, upon the following TERMS AND CONDITIONS: BROKER'S OBLIGATIONS Owner hereby confers upon the Broker the following duties, authority and powers: 1. LEASING To advertise the availability for rent of the property or any part thereof and to display "For Rent" or "For Lease" signs thereon; to execute leases for terms not to exceed three (3) years, renewals or cancellations of leases relating to the property; to terminate tenancies and to sign and serve for the Owner such notices as Broker deems appropriate; to institute legal actions in the name of the Owner, to evict tenants and recover possession of the premises, to recover rents and other sums due; to settle, compromise and release such actions. 2. RENTS To collect rents and to collect and disburse security and other deposits; to deposit all receipts collected for Owner in a trust account with a qualified banking institution, but Broker shall not incur any liability for bankruptcy or failure of the depository. 3. MAINTENANCE To employ, supervise and discharge all labor required for the operation and maintenance of the property, it being agreed that all employees shall be deemed to be Owner's employees. 4. SERVICE CONTRACTS To execute contracts for utilities and services for the operation, maintenance and safety of the property, as the Broker shall deem advisable and/or necessary. 5. REPAIRS To take charge of repairs, decorating and alterations and to purchase supplies therefor. Broker agrees to obtain Owner's prior authorization for any and each expense item in excess of $500.00, except monthly or recurring operating charges or emergency repairs, or in the event the Owner is not reasonably available for consultation, if the Broker deems such expenditures in excess of this amount necessary for the protection of the property from damage or to perform services to the tenants provided for in their leases. 5. PERIODIC STATEMENTS To render periodic itemized statements of receipts, expenses, charges and accruals and to remit to Owner receipts less disbursements and accruals for future expenses. In the event dis- bursements shall exceed receipts, Owner shall promptly remit such excess to the Broker. Owner assumes full responsibility for the payment of any expenses and obligations incurred in connection with the exercise of Broker's duties set forth herein. OWNER'S OBLIGATIONS 1. BROKERAGE FEES Owner agrees to pay Broker a fee or fees for services rendered at the rates hereinafter set forth. Such compensation is due and payable on demand and may be deducted by the Broker from receipts. Management: $12,000 annually, payable in monthly increments. 2. HOLD HARMLESS Owner agrees to hold the Broker harmless from all damage suits in connection with the management of the herein described property and from liability from injury suffered by any employee or person whom- soever, and to carry, at his own expense, adequate public liability and workmen's compensation insurance and to name the Broker as co-insured. The Broker also shall not be liable for any error of judgment or for any mistake of fact or law, or for anything which he may do or refrain from doing hereunder, except in cases of willful misconduct or gross negli- gence. If suit is brought to collect the Broker's compensation or if Broker successfully defends any action brought against Broker by Owner, relating to the property, or Broker's management thereof, Owner agrees to pay all costs incurred by Broker in connection with such action, including a reasonable attorney's fee. 3. DATA AND RECORDS Owner agrees to make available to Broker all data, records and documents pertaining to the property which the Broker may require to properly exercise his duties hereunder. The Broker accepts this exclusive employment and agrees to use due diligence in the exercise of the duties, authority and powers conferred upon him under the terms hereof. Frederic L. Nichols, Broker Nichols Real Estate Inc. 25 Redlands Plaza Redlands, CA 92373 793-3197 City of Redlands P. 0. Box 280, 30 Cajon Street Redlands, CA 92373 793-2631 /D 1 L7 November 17, 1977 Date Date MINUTES of a regular meeting of the Redevelopment Agency of the City of Redlands held in the Council Chambers, Safety Hall, 212 Brookside Avenue, on November 15, 1977, at 3:25 P.M. PRESENT Charles G. DeMirjyn, Chairman. Chresten M. Knudsen, Vice Chairman Ellsworth E. Miller, Member Bertha Rose Grace, Member Warren R. Elliott, Member Robert H. Mitchell, Executive Director Edward F. Taylor, City Attorney Peggy A. Moseley, City Clerk Erwin S. Hein, Redlands Daily Facts Mike Murphy, San Bernardino Sun ABSENT None The minutes of the .regular meeting of November 1, 1977, were approved as submitted. The appeal to the decision of the Relocation Appeals Board, which is being submitted by Mr. and Mrs. R. R. Blair, was presented by Attorney Scott Showler. Mr. Showler addressed the Agency members and stated that at this time he wished to bring only one matter before them. The question is whether or not the Agency agrees or disagrees that under State guidelines for Implemen- tation Assistance Law, Section 3.3, Sub 3, expenditures necessary to bring the new site up to code as required by City Building and Safety ordinances would be allow- able for reimbursement to the applicant. This matter was discussed at length. City Attorney Taylor stated Blair that he had made the ruling that this cost was not an Appeal allowable charge to the Agency under the .law. Mr. Mitchell stated that he obtained additional facts applicable to this entire matter. Mayor DeMirjyn said he felt the Agency members were being asked to make a legal decision they were not in a position to make. Following further discussion, Councilman Elliott moved to accept and approve the findings of the Redevelopment Relocation Advisory Board meeting of August, 1977, and deny the appeal of the Blairs in regard to these findings. This motion was seconded by Councilman Miller and unanimously approved. Redevelopment Agency - Page one - November 15, 1977 Plaza Maintenance and Management Contract Agency Director Mitchell announced that the escrow for purchase of the Redlands Plaza will close on December 1. He presented a maintenance and management contract under which the City would pay $12,000 annually for the management of the property. On motion of Councilman Miller, seconded by Councilman Elliott, this management contract was approved and the Mayor authorized to sign the necessary agreement papers. There being no further business, the Redevelopment Agency adjourned, on motion, at 4:00 P.M. Next regular meeting, December 6, 1977. Respectfully submitted, it fk Redevelopment Agency - Page two - November 15, 1977