Sample Management Contract
RESIDENTIAL PROPERTY LEASING AND MANAGEMENT AGREEMENT
1 PARTIES:
The parties to this agreement are ____________________________________________________________(Owner)And Suburban Realty (Broker). Owner appoints Broker as Owner’s sole and exclusive leasing and managing
agent of the real property described in paragraph 2 and any addendums to this agreement.
2. PROPERTY AND MINIMUM REQUIREMENTS:
À. The term property means _______________________________________________________________________ (address, city, state, zip) legally described as _____________________________________________________ _____________________________________________________
Together with all improvements, including the following non-real items:______________________________________________________________________
And any other property described in any attached Multiple Property Addendum.
B. Owner authorizes Broker to lease the Property in accordance with the terms of this agreement at market rates and on competitively reasonable terms, except that Owner specifically instructs Broker to lease the Property under the following minimum requirements(insert minimum lease requirements such as minimum rent, security deposit, pet deposit, prohibitions against pets, and other):
________________________________________________________________________________
________________________________________________________________________________
3. TERM:
A. Primary Term: The primary term of this agreement commences on _________________ (Commencement Date) and ends on ____________________________ (Termination Date).
B. Automatic Renewal: Unless either party provides written notice of termination to the other party at least thirty (30) days before the Termination Date, this agreement will automatically renew and continue until such time as either party terminates this agreement by giving at least thirty (30) days advance written notice to the other party.
C. Payment of Fees Upon Termination: If Owner terminates this agreement and the Property is leased to a tenant on the date this agreement terminates, Owner must pay Broker all amounts then due under this agreement and a fee equal to the management fees thatwould accrue over the remainder of the term of the lease, then in effect, excluding any potential breach by a tenant. If more than one property is made part of and subject to this agreement, this provision applies to, and will be in effect only with regard to, those properties then leased, and this agreement will terminate as to any property not then leased.
D. Effective Services: If Broker determines that Broker cannot continue to effectively provide leasing and management services to Owner, for any reason, at any time after sixty (60) days after the Commencement Date, Broker may terminate this agreement by providing at least thirty (30) days written notice to Owner.
4. SECURITY DEPOSITS AND CONTRACTS UPON TERMINATION:
BEFORE BROKER IS OBLIGATED TO DELIVER TO OWNER ANY TENANT’S SECURITY DEPOSIT HELD BY BROKER AFTER THIS AGREEMENT TERMINATES, OWNER MUST DELIVER TO THE TENANT THEN OCCUPYING THE pROPERTY A SIGNED STATEMENT acknowledging that Owner is responsible for the tenant’s security deposit and specifying the exact dollar amount of the security deposit. Owner agrees to be responsible for all then-existing contracts related to the Property executed prior to the termination of this agreement and to hold Broker harmless from all claims related to such contracts. This paragraph survives termination of this agreement.
5. DUTIES AND AUTHORITY OF BROKER: WITH REGARD TO THE PROPERTY, THE PARTIES AGREE THAT BROKER:
A. may advertise the property for lease at Owner’s expense by means and methods as Broker determines to be reasonably competitive;
B. may display signs on the Property, as Broker determines appropriate, in accordance with applicable laws, regulations, ordinances, and restrictions.
C. may authorize other brokers and their associates to show the Property at their own expense;
D. will , using reasonable care, verify references and other information contained in rental applications of prospective tenants;
E. may, using reasonable care, execute lease agreements on behalf of Owner for initial terms (excluding renewals) of not less than ____months and not to exceed _____ months at market rental rates but not less than any minimum rates specified in paragraph 2.;
F. may, using reasonable care, renew, refuse to execute, or refuse to renew lease agreements;
G. may, on Owner’s behalf, file claims with, settle with, and release any insurance carrier providing insurance to the Property with respect to any casualty loss or any other insured loss or damage relating to the Property;
H. may collect from tenants or prospective tenants administrative charges including, but not limited to, application fees, bad check fees, and late charges;
I. May, using reasonable care, and at Owner’s expense, terminate tenancies and execute and serve notices of termination, as Broker determines reasonable or necessary;
J. may, using reasonable care, and at Owner’s expense, institute and prosecute actions to evict tenants and to recover possession of the Property or to recover lost rent and other damages;
K. may, when expedient and when Broker, in Broker’s sole judgment, determines it to be in the best interest of Owner: (i) settle, compromise, and release any action to recover possession, lost rents, or other
damages, or (ii) reinstate any tenancy or make any concessions to tenants or former tenants to avoid disputes;L. will maintain accurate books and records so that individual items and aggregrate amounts of accounts payable and accounts receivable, available cash, and other assets and liabilities relating to the Property are readily determined at any time;
Ë. Will render a monthly statement of receipts, disbursements and charge to _____________________________________________At ______________________________________________
Initialed for identification by Owner _______, and by Broker/Associate _________ Page 1 of 6
Residential Property Leasing and Management Agreement for ______________________________________
N. will, each month, remit funds collected by Broker for Owner, less authorized deductions, to maintain a minimum Owner’s bank balance of ____________ plus any applicable security deposits , to _________________________________________ at __________________________________________________________________________
O. will collect and deposit all rents, security deposits, and other funds collected for Owner, less authorized deductions, in a designated trust account, separate and apart from Broker’s operating account (Note: Broker may maintain one designated trust account for all properties Broker leases and manages for others);
P. may, on Owner’s behalf, deduct from any funds Broker holds in trust for Owner:
(1) any compensation due Broker under this agreement:
(2) any funds Broker is authorized to expend under this agreement; and
(3) any reimbursement Broker is entitled to receive under this agreement;
Q. may, at Owner’s expense, hire, discharge, and supervise contractors to make any and all reasonable or necessary repairs, maintenance, redecoration's, or alterations to the Property (including any non-real estate items) provided that Broker does not expend more than _________ per repair, maintenance, or alteration without the Owner’s consent.
R. may, without regard to the expense limitation in paragraph 5Q and at Owner’s expense, hire, discharge, and supervise contractors to make emergency repairs or alterations to the Property (including any non-real estate items) that Broker deems necessary to protect the Property or the health or safety of an ordinary tenant;
S. may, at Owner’s expense, during times that the Property is vacant, contract for electricity, gas, fuel, water, telephone, cleaning, alarm monitoring, pool maintenance, lawn maintenance, and such other regularly recurring expenses as Broker deems necessary and advisable for the maintenance and care of the Property; and
T. May , at Broker’s discretion, perform other services reasonably related to leasing and management of the Property.
6. LISTING SERVICES:
At any time the property is marketed for lease, Broker may file the Property as a listing with any Multiple Listing Service (MLS) or other listing service. Broker may authorize the MLS to place the Property on a computerized system of public access. After the Property is leased, Broker will submit information about the listing, the lease of the Property, and the terms of the lease to the MLS or other listing services in which the Property was placed. Any information or data submitted to an MLS will become the property of the MLS for all purposes (Note: Submission of information to MLS insures that persons who may use and benefit from MLS also contribute information).7. COOPERATION WITH OTHER BROKERS:
Cooperating with and compensating other Brokers means that Broker will allow other brokers to show the Property to prospective tenants and that if another broker procures an acceptable tenant, Broker will pay the other broker a fee from the compensation the Broker receives. Broker will determine the terms and conditions of offers to compensate other brokers. Broker will cooperate with other brokers and offer compensation only to tenannts agents.8. KEYBOX:
A. Notice: A keybox is a locked container placed on the property in which a key to the Property is placed. Keyboxes make it more convenient for cooperating brokers, home inspectors, appraisers, and other repair personnel to facilitate the showing, inspection, and repairing of the property. The keybox is locked and opened by a special combination, key, or a programmed access card so that whoever possesses the special combination, key, or access card has access to the Property at any time. The use of the keybox may increase the number of showings but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association od REALTORS® nor any ËêÎ system requires the use of a keybox. Please discuss the advantages and disadvantages of keyboxes with your Broker, insurance agent, and/or attorney.
B. Authorization: Broker is is not authorized to place a ŸÛÞòoð containing a key to Property on the Property. (MLS).Broker is authorized to place a private Broker’s combination ŸÛÞòoð containing a key to the Property on the Property only if the Property is vacant.
C Tenant Authorization: If the Property is occupied by a tenant, Broker will not place a keybox on the Property without written authorization fron the tenant.
D. Indenmity:: If a keybox is authorized, Owner will protect, defend, indemnify, and hold harmless, Broker’s associates, aand other brokers or their associates, the Association of REALTORS®, ÒãÞ MLS, and any keybox provider, from any damages or claims arising from the keybox including, but not limited to or loss of real or personal property or personal injury not caused by Broker’s negligence. Owner assumes all risk of any loss, damage, and injury.
9. LEGAL COMPLIANCE: The parties will comply with all legal obligations, duties, and responsibilities under the Alaska Landlord and Tenant Act and the Alaska Property Code, fair housing laws, or any other statute, administrative rule, local ordinance, or restrictive covenant related to the leasing, use, management, or care of the Property. If a party fails to comply with such obligations, duties, and responsibilities within a reasonable time after notice of non-compliance from the other party, such party will be in default. Broker is not responsibile for the compliance of any building or equipment on the Property with any statute, ordinance, law, regulation of any governmental body or of any public authority or official or deed restriction, except that Broker will notify Owner of any complaints, warnings, notices, or summonses received by Broker.
10. OWNER’S RESERVES:
Owner will upon execution of this agreement deposit _________ with Broker to hold in a trust account separate from Broker’s operating account as reserves for Owner. Broker may, at Broker’s discretion, use Owner’s reserves to pay for any expenses related to the leasing and management of the Property. If the balance of Owner’s reserves, at any time, becomes less than the amount stated, Owner will promptly deposit additional money with Broker to bring the balance to the stated amount.
Initialed for identification by Owner ____ , and Broker/Associate _____ page 2 of 6
Residential Property Leasing and Management Agreement for _____________________________________
11. ADVANCES: Owner will advance to Broker all funds necessary for the leasing or management of the Property. Broker is not obligated to advance any money to Owner or any other person. If, however, Broker advances any funds to Owner or on behalf of Owner, Owner will promptly reimburse Broker such funds plus interest at the rate of 10% per annum.. Broker may deduct any advances or reimbursements from any money Broker holds in trust for Owner. This paragraph survives termination of this agreement.
12. PROPERT CONDITION:
A. Owner is not aware of any material defects on the Property that would affect the health or safety of an odrinary tenant, any enviornmental hazard on or affecting the Property, or any other violation of any statute, ordinanmce, law, regulation of any governmental body or deed restriction, except:__________________________________________
_______________________________________________________________________________________
_________________________________________________________
B. If the Property was built before 1978, Owner will complete and attach to this agreement an addendum regarding lead-based paint or lead-based paint hazards to be nade a part of any lease of the Property. Owner authorizes Broker to disseminate to prospective tenants or other brokers copies of the addendum completed by the Owner, together with all information concerning lead-based paint or hazards available to Owner or Broker. If the Property was built before 1978, federal law requires that before a tenant is obligated under a lease, the Owner will:
(1) provide the tenant with a federally approved pamphlet on lead poisoning,
(2) disclose the presence of any known lead-based paint or hazard in the Property, and
(3) provide to the tenant all records and reports pertaining to lead-based paint or hazards in the Property available to Owner.
C. Owner will protect, defend, indemnify, and hold harmless Broker’s , Broker’s associates and any other broker or asscoiates from any damages, costs, attorney’s fees, and expenses arrising from: (i) Owner’s failure to disclose, repair, or remedy any material defect or any condition affecting the health or safety of an ordinary tenant, or (ii) Owner providing any incorrect information to Broker, Broker’s associates, other brokers or their associates, or any prospective tenants.
13. OWNER’S PEPRESENTATIONS AND ADDITIONAL PROMISES:
A. Owner represents that:
(1) Owner has a fee simple title and peaceable possession of the Property and all its improvements and fixtures, unless rented, and has the legal capacity to rent the Property;
(2) OWNER IS NOT NOW A PARTY TO A LISTING AGREEMENT OR A PROPERTY MAMAGEMENT AGREEMENT WITH ANOTHER BROKER FOR THE SALE, LEASE, RENTAL, OR MANAGEMENT OF THE PROPERTY;
(3) no person ar entity has any right to purchase, lease, or acquire the Property by virtue of an option, right of first refusal, or other agreement;
(4) provide Broker with copies of all leases or rental agreements, if any, pertaining to the Property;
(5) the Property is not under the direction of a court; and
(6) all written information relating to the Property provided to Broker by Owner is true and correct.
B. If Owner becomes delinquent under any lien, mortgage, deed of trust, or other encumbrance affecting the Property. Broker may inform any tenant occupying the Property of such delinquency.
C. Owner must at all times this agreement is in effect:
(1) cooperate fully in good faith with Broker to faciliate the showing and marketing of the Property;
(2) not rent or lease the Property to anyone without Broker’s prior approval;
(3) not enter into another listing or property management agreement with another broker for the rental, leasing, or managementof the Property to become effective during the term of this agreement; and
(4) provide Broker with copies of all leases or rental agreements, if any, pertaining to the property.
14. INSURANCE:
A., At all times this agreement is in effect, Owner, at Owner’s expense, must maintain in full force and effect:
(1) fire and extended coverage for all casualties and hazards customarily covered by casualty insurance in the State of Alaska for the full insurable value of the Property, containing endorsements that contemplate the leasing of the Property by Owner and vacancies between lease terms; and
(2) public liability insurance naming Broker as an additional insured.
B. Within fifteen (15) days from the Commencement Date, Owner must provide to Broker a copy of a certificate of insurance evidencing the required coverage. If the insurance coverage changes in any manner or degree at any time this agreement is in effect, Owner must provide Broker a copy of an insurance certificate evidensing any change with ten (10) days of the change. If Owner fails to maintain the required insurance, Broker may, at Owner’s, purchase such insurance on behalf of Owner or exercise Broker’s default remedies under this agreement.
15. BROKER’S Fees:
All fees payable to Broker as provided in this paragraph are payable in Anchorage, Alaska in cash when earned and payable. This paragraph survives termination or expiration of this agreement with regard to fees earned during the term of this agreement which are not payable until after termination. Broker may deduct any fees under this paragraph from any funds Broker holds in trust for Owner. If more than one property is made a part of and subject to this agreement, each of the provisions below will be read to apply to each prioperty separately. (Choose all applicable by placing a check mark in the box).
Initialed for iudentification by Owner ______, and Broker ______ page 3 of 6
Residential Property Leasing and Management Agreement for _____________________________________
¨
A. Management Fees: Each month Owner will pay Broker the greater of __________ (minimum management fee) or _________ % of the gross monthly rents collected that month. A vacancy in the Property or failure by a tenant to pay rent does not excuse payment of the minimum management fee. Management fees under this paragraph are earned daily and are payable not later than the last day of each month.¨
B. Leasing Fees:(1) New Tenancies: Except for renewals, Owner will pay Broker, each time the Property is leased, a leasing fee of (choose one)
¨¨Ù) ___________ of all gross rents for the term of the lease, ¨ii) __________5 of one full month’s rent due under the lease; or ¨ (iii) ________________. The leasing fee is earned and payable when the lease is executed.(2) Renewals: If a tenant in the Property renews a lease, including an extention or the extention of a new lease, for the Property occupied by the tenant, Owner will pay Broker a fee of (choose one)) ¨Ù) ________ of all gross rents for the term of the renewal;
¨ (ii) _________% of one full month’s rent under the renewal; or ¨ (iii) ___________. The renewal fee is earned and payable when the enewal is executed.¨
C. Service Fees: If Broker causes the Property to be repaired, maintained, redecorated, or altered as authorized by paragraph 5Q or 5R: ¨(1) Owner will pay Broker a service fee of __________% of the total cost of the repair, maintenance, alteration, or redecoration. The service fee is earned and payable at the time the repair, maintenance, redecoration, or alteration is complete. ¨ (2) ________________________________________________________________________________________________________________¨
D. Interest on Trust Accounts: Broker may place any funds Broker holds in trust for owner in an interest bearing account and may retain any interest or income from such account. Compensation from interest is earned and payable at the time interest accrues.¨
E. Administration Fees: If Broker collects from tenants or prospective tenants administration charges including, but not limited to , applicationfees, bad check fees, or late charges (as authorized under paragraph 5H), Broker will retain such fees a compensation for the time, effort, and administration required to collect such fees, The administration fees under this paragraph are earned and payable at the time Broker collects such fees.¨
F. Fees for Insurance Dealings and Legal Proceedings: If Broker negotiates, coordinates, or deals with any insurance carrier regarding any casualty loss to the Property or if Broker is required or asked to appear in court or in any legal proceeding for or in behalf of Owner for any reason (such as eviction, tenant disputes, suits for damages, and others), Owner will pay Broker $_______ per hour for any servicesother than eviction for such services, including any time experienced in preparation of any dealings with insurance carriers or apperances in any legal proceeding. Fees under this paragraph are earned at the time the services are rendered and payable upon Owner’s receipt of Broker’s invoice or statement.
¨
G. Fees for Sale of Property "Sell" means to sell, convey, transfer, or exchange or to agree to sell, convey, transfer, or exchange.(1) If Owner sells the Property at any time this agreement is in effect, this agreement will terminate on the date the sale closes, unless it terminates earlier by other provisions, and all fees under paragraph 3C will be earned and payable at the time the sale closes. Broker will waive the fee under paragraph 3C if Owner utalizes Broker to sell the Property pursuant to a separate written listing agreement with terms mutually acceptable to the parties.
(2) If at any time this agreement is in effect or within ______days after its termination, Owner sells the Property to a tenant who occupied the Property, Owner will pay Broker a fee of __________% of the sales price or ___________________at the time the sales closes. If, however, a separate written listing agreement between Owner and Broker applies to the sale, this paragraph will not apply. Fees under this paragraph are earned at the time Owner agrees to sell the Property and are payable at closing.
(3) If at any time this agreement is in effect Owner sells or agrees to sell the Property to a person other than a tenant occupying the same roperty and does not utalize Broker to sell the Property pursuant to a separate written listing agreement, Owner will pay Broker _______________________________ for Broker’s time and services to coordinate any showings, inspections, appraisals, repairs, and other matters related to the sale of the Property. Fees under this paragraph are earned at the time such services are rendered and payable upon Owner’s receipt of Broker’s invoice or statement.
¨
H. Other______________________________________________________________________________________________________
16. REIMBURSEMENT OF BROKER’S EXPENSES:
A. In addition to any ifees or compensation due Broker under this agreement, Owner will reimburse Broker the following expenxses that are related to the leasing or management of the Property:
(1) copy charges;
(2) charges for long distance telephone calls or facacile transmissions;
(3) regular, express, or certified mail charges;
(4) notary fees, and
(5) any other expenditure authorized by this agreement or Owner.
B. Reimbursement for expenses are payable upon Owner’s receipt of Broker’s invoice or statement. Broker may deduct any reimbursement for expenses from any funds Broker holds in trust for Owner. This provoision survives termination of this agreement.
17. FUNDS RECEIVED BY BROKER AFTER TERMINATION: If BROKER RECEIVCES ANY FUNDS ON BEHALF OF OWNER AFTER THIS AGREEMENT TERMINATES (FOR EXAMPLE, PAYMENT OF RENT, DAMAGES, ETC.) BROKER WILL REMIT THOSE FUNDS TO OWNER LESS ANY FEES OR REIMBURSEMENTS bROKER IS ENTITILED TO RETAIN AS IF THIS AGREEMENT. Funds received as aresult of Broker’s submission of a tenant’s debt to a credit reporting company will be subject to a fee of 40% of the sums collected.
18. LIMITATION OF LIABILITY:
A. Unless caused by Broker or Broker’s negligence, Broker is not responsible in any manner for:(1) personal injury to Owner or any tenant resulting from acts of third parties;
(2) loss or damage of personal or real property due to vandalism, theft, or freezing water pipes;
(3) late fees Owner incurs to any creditor caused by any late payment by any tenant;
(4) any lease violations or default by any tenant, or
(5) any othe damage or loss.
Initaled for identification by Owner ______, by Broker _________ page 4 of 6
Residential Property Leasing and Management Agreement for __________________________________
B. Owner will protect, defend, indemnfy, and hold harmless Broker from any damage, costs, attorney’s fees, or expenses arising from acts
of third parties or loss or damage of personal or real property due to vandalism, theft, freezing water pipes or any other damage not cause by Broker’s negligence.
C. If any loss, damage, or injury to the Property or any person is caused by Broker or Broker’s negligence and such loss or damage is
Covered and compensable under any insurance policy related to the Property, Owner agrees to the extent permitted by law, to hold Broker
Liable only for Owner’s deductible in such a policy and any out-of-pocket expenses.
19. DEFAULT: If either party breaches or fails to comply with this agreement or makes a faulse representation in this agreement, the party will be in default. If either party is in default, the non-defaulting party may seek any relief provided by law.
20. MEDIATION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this agreement that may arise between the parties. If the dispute cannot be resolved by negotiation, the dispute must be submitted to mediation before resorting to arbitration or litigation. If the need for mediation arises, the parties to the dispute will choose a mutally acceptable mwdiator and will share the cost of mediation equally.
21. ATTORNEY’S FEES:
If Owner or Broker is a prevailing party in any legal proceeding brought as a result of a dispute under this agreement or any transaction related to or contemplated by this agreement, such party will be entitled to recover from the non-prevailing party all costs of such proceeding and reasonable attorney’s fees.22. NOTICES: All notices must be in writing and will be effective when hand-delivered, mailed, or sent by facsimile or electronic transmission as follows:
To Broker at 4803 Spenard Rd. To Owner at ______________________________________________
Anchorage, Alaska 99517-3239 ________________________________________________
Ph. 907-248-3606 Fax 907-243-4848 Ph______________________________Fax_______________________
E-mail seanskitravel@gci.net e-mail ___________________________________________________
23. SPECIAL PROVISIONS:
24. ADDENDA:
Addendums and other related documents which are a part of this agreement are:o A. Information about Brokerage Services;
o B. An addendum regarding lead-based paint or lead-based paint hazards;
o C. Multiple party Addendums;
o D. Addendum for Authorization to Act for Owner Before Owner’s Association;
o E. Other
25. AGREEMENT OF PARTIES:
A. Entire agreement: This agreement contains the entire agreement between the parties and may not be changed except by written agreement.
B. Joint and several: All Owners signing this agreement are jointly and severally liable for all provisions of this agreement. Any act, notice to, payment to, signature of, or instruction from, any one or more of the Owners regarding this agreement, its renewal, extention, or termination, is binding on all Owners executing this agreement.
C. Assignability: This agreement may not be assigned by either party without the written approval of the other party.
D. Binding Effect: This agreement is binding upon the parties, their heirs, administrators, executors, successors, and permitted assigns.
E. Controlling Law: The laws of the State of Alaska govern the interpertation, validity, performance, and enforcement of this agreement.
F. Severable Clauses: Should any clause in this agreement be found invalid or unenforceable by a court of law, the remainder of this agreement will not be affected and all other provisions will remain vaild to the fullest extent permitted by law.
26. ADDITIONAL NOTICES:
A. Broker’s Fee and the sharing of fees between brokers are not fixed, controlled, recommended, suggested, or maintained by the Board or Association of Realtors@, MLS, or any listing service. The amount an owner agrees to pay a broker is negotiable.
B. Fair housing laws require the Property to be shown and made available for lease to all parties without regard to race, color, religion, national origin, sex, disability, or famillal status.
C. Whether a keybox is authorized or not, Owner is advised to safeguard and/or remove all valuables from the Property. D. The Alaska Property Code requires certain security devices on all existing doors of residential rental properties and requires smoke detectors in certain locations .The Owne will rekey all security devices and check all smoke detectors each time a new tenant occupies the Property.
Initialed for identification by Owner ________, by Broker _______ page 5 of 6
Residential Property Leasing and Management Agreement for _________________________________
E. Broker can not give legal advice. This is intended to be a legally binding agreement. READ IT CAREFULLY. If you do not
understand the effect of this agreement, consult your attorney BEFORE signing.
Suburban Realty
__________________________________________
Broker’s Printed Name Owner’s Signature Date
By:________________________________ ________________________________________________
Broker’s or Associates Signature Date wner’s Signature Date
_________________________________________________
Owner’s Social Security or Tax ID Numbers
ASSOCIATION MANAGEMENT CONTRACT
PARTIES
In consideration of the covenants herein contained ___________________________________________(hereafter called ASSOCIATION, and SUBURBAN REALTY- (hereafter called AGENT, agree as follows:
TERM, RENEWAL, TERMINATION:
1. The ASSOCIATION hereby gives the AGENT the exclusive right to operate and manage the property known as ____________________________________________________________________________________________________________
upon the terms and conditions here ; the ASSOCIATION to assume the obligation of any contract so entered into at the termination of this agreement.
3) The ASSOCIATION further agrees:
SAVE HARMLESS and INDEMNIFICATION:
a) To save the AGENT harmless hereinafter set forth for the period of __________ year(s) beginning on the _____ day of _________________ 19________ and ending on the _______ day of ____________________, 19______, and automatically renewed thereafter for like periods. On or before sixty (60) days prior to the expiration of the original term or any such renewal periods thereof, either party shall notify the other party, in writing, of the intention to terminate this agreement, in which case this agreement may be terminated. The ASSOCIATION may terminate this agreement upon thirty (30) days written notice for gross negligence and or breach of this agreement. AGENT will deliver all ASSOCIATION records within seven (7) days of termination. This contract may be amended by written mutual consent of the parties. The monthly management fee shall be increased annualy by the inflation percentage rate of MOA.
MONTHLY REPORTS:
a) To render monthly statements of receipts, expenses, delinquencies and charges and to the Board of Directors. These reports are an operating statement, balance sheet, transaction record, delinquency list and list of current legal actions.
SEPARATE ASSOCIATION FUNDS:
b) To deposit all receipts collected for the ASSOCIATION in the ASSOCIATION's general operating account. The AGENT may maintain a trust account in a national or state institution qualified to engage in the banking or trust business separate from AGENT's personal account for payment of recurring monthly expenses. However, AGENT is not held liable in the event of bankruptcy or failure of a depository. Minimum trust account bank balance shall be maintained at _____________________ Dollars.
AGENT'S AUTHORITY:
2. The ASSOCIATION hereby gives to the AGENT the following authority and powers and agrees to assume the expenses in connection therewith:
a) To inform the ASSOCIATION as to the need and status of repairs, accumulation of snow on the roofs, and arrange for removal of snow after an accumulation of ________ feet of snow.
b) To incur indebtedness in the name of the ASSOCIATION only after authorization.
c) After authorization, procure fire and liability insurance.
d) Maintain adequate records and prepare monthly statements. Prepare a proposed annual operation budget.
e) Collect condominium fees and special assessments as provided by the ASSOCIATION on a _________________ basis.
f) Make repairs of an emergency nature affecting health and safety or in violation of local or State statutes without the prior approval of the ASSOCIATION.
g) To prepare resale certificates in behalf of the ASSOCIATION.
REPAIRS:
h) To make or cause to be made repairs and alterations, and to do decorating on said premises; to purchase supplies and to pay bills therefor. The AGENT agrees to secure the prior approval of the ASSOCIATION on all expenditures in excess of __________________ dollars for any one item, except monthly or recurring operating charges and/ or emergency repairs in excess of the maximum, if in the opinion of the AGENT such repairs are necessary to protect the property from damage or to maintain essential services.
EMPLOYEES:
i) To hire, discharge and supervise all labor and employees required for the operation and maintenance of the premises; it being agreed that all employees shall be deemed employees of the ASSOCIATION and not the AGENT, and shall not be responsible for their acts, defaults or negligence if reasonable care has been exercised in their appointment and retention. Agents employees, as define on State employment reports, are expressly not employees of the Association.
SERVICE CONTRACTS:
j) To make contracts for electricity, gas, fuel, water, telephone, window cleaning, ash or rubbish hauling and other services or such items as the AGENT shall deem advisable. Hold Agent 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 other person whomsoever, and to carry, at the ASSOCIATION'S expense, necessary public liability and workman's compensation insurance adequate to protect the interests of the parties hereto, which policies shall be written as to protect the AGENT in the same manner and to the same extent they protect the ASSOCIATION, and will name the AGENT as co-insured. The AGENT shall not be liable for any error of judgment or for any mistake of fact of law, or for anything which it may do or refrain from doing hereinafter, except in cases of willful misconduct or gross negligence.
b) The AGENT is hereby instructed and authorized to pay utility costs, property and employee taxes, special assessments and to place fire, liability, or any other insurance required, and the AGENT is hereby directed to accrue and pay for same from the ASSOCIATION'S funds.
c) To pay the AGENT monthly for management:
1) For accounting: $_________________
2) For miscellaneous administrative costs: $_________________
3) For Janitorial: $_________________
4) For shampooing carpet: $_________________
5) For minor maintenance and repair: $_________________
6) For security checks:$_________________
7) For room checks: $_________________
8) For refuse: $_________________
9) For local support: $_________________
10) For boardwalk cleaning: $_________________
11) For snow plowing: $_________________
12) Hourly rate: $35.00 per man hour, time and one-half after 5:00pm and double time on Saturdays, Sundays and holidays.
12) Other:_______________________________________________________________________________________________
d) Other items of mutual agreement:
___________________________________________________________________________________________________________________ : ____________________________________________________________________________________________________________________
CONFLICT OF INTEREST:
The Agent ‘s representation of an Association Owner in the following transiction will not be considered a conflict of interest with respect to management of the Association.
A)rent or lease of a unit
B) represent an Owner is the listing or sale of a unit
DEFINITION OF TERMS:
1) Accounting- the monthly accounting of dues, expenses and reserve account. Record keeping of individual unit dues and records.
2) Miscellaneous administrative costs- a) preparation of annual budget, attending Board of Directors meetings (maximum of four (4) per year) . Additional Board meetings at $40.00 per hour. b) Attend annual meeting. c) Assist with legal matters. d) Obtain insurance bids. e) Postage and miscellaneous office material costs for announcement of Board meetings for Directors, announcement of annual meeting, minutes of Board minutes (max. of 4) and annual meeting minutes to owners and monthly reports to the Board. All other mail outs will be paid by the Association at $.20 per copy plus postage. The Association will pay for proxy postcards and all "return envelope" postage. f) Coupon books.
3) Janitorial- cleaning of the common area twice per week. Includes the cost of cleaning supplies and equipment. Does not include the cost of light bulbs.
4) Shampooing- shampooing the common area carpets twice per year. Includes the cost of supplies and equipment.
5) Minor maintenance- the supplying of labor only to make repairs of a minor nature. Minor nature is defined as any job not requiring special expert personnel that can be accomplished in one (1) hour or less. Repairs requiring additional time will be made at the hourly rate. Includes replacing defective light bulbs in the common area (bulbs at Association expense).
6) Security checks- checking the building once each evening for unlocked common area doors.
7) Room checks- entering each individual unit once per week usually on Monday or Tuesday checking for unlocked doors, turning off lights, fans or other electrical devices, making sure that the heat is set at least at 55 degrees. Thermostats set higher will not be reduced.
8) Refuse- refuse service will be supplied at the current rate charged by Peninsula Sanitation and will be adjusted with any rate increase.
This service is for one (1) pickup per week. Additional pickups will be made at the current extra pickup charge by Peninsula Sanitation.
9) Local support- means an "on duty" person, living in Girdwood, available for emergencies by radio. This person is available for lock outs for persons listed on the key information sheet and owners. A key box is maintained in Girdwood for the purchase of keys by owners.
10) Boardwalks- shovel snow after a snow fall of four (4) inches or more as soon as practical. Board walks do not include unit owner's decks (limited common area) or steps to those decks.
11) Snow plowing- snow plowing of the parking lot will be performed at the rate shown. Special plowing requests or after hours plowing will have a one (1) hour minimum. Plowing done by Contractors other than Suburban will be at that contractor's prevailing rate and billed to the ASSOCIATION.
12) Hourly rate- the hourly rate charged by Suburban for maintenance performed in excess of minor maintenance.
This agreement shall be binding upon the successors and assigns of the AGENT, and their heirs, administrators, executors, successors and assigns of the ASSOCIATION.
IN WITNESS WHEREOF the parties have affixed ar caused to be affixed their respective signatures this ______ day of __________________ 19_____.
WITNESS:
_______________________________________________________ ASSOCIATION by it's President
SUBURBAN REALTY BY ____________________________________
Graham S. Varnell - Broker
06/08/06