Property_Management_Agreement_Template-MLK_CIA_-_Attachment_B.pdf
PDF 381 KB Posted
- Attached to
- MLK CIA PROPERTY MANAGEMENT SERVICES
- Solicitation number
- 2026-DEI-041
- Issued by
- Kalamazoo County, Huntington Woods City, Michigan
About this file
This is a Property Management Agreement Template document prepared for the MLK Community Improvement Area (CIA) in Michigan, establishing the contractual framework between a property owner and a professional property management firm to oversee the maintenance and operation of multiple parcels within the MLK CIA Development Area. The agreement outlines the contractor's responsibilities for 13 properties totaling approximately 65,000 square feet across 3.82 acres, including vacant land, vacant buildings, and occupied commercial properties. The scope of work encompasses debris clean-out and stabilization of vacant structures, grounds maintenance, repairs, and property-related operations. The agreement specifies that the manager will be responsible for rent collection, tenant lease management, maintenance and repairs, utility coordination, compliance with governmental orders, and insurance administration. The contract term is established for one year with provisions for renewal, and the owner retains the right to terminate the agreement without cause upon thirty days' written notice or immediately for good cause such as fraud, bankruptcy, or material default.
The agreement requires the contractor to establish separate bank accounts for operating funds and security deposits, maintain comprehensive record-keeping and monthly financial reporting, and obtain fidelity bonding equal to three months of gross potential income. The contractor must secure competitive bids for work exceeding $2,500 and obtain prior owner approval for expenditures above this threshold, except in emergencies. The contractor will be compensated through monthly management fees to be determined and paid from the operating account, with provision for fee suspension if material defaults occur. All employee compensation, taxes, workers' compensation insurance, and employee crime/dishonesty bonding are treated as project expenses. The agreement mandates compliance with fair housing laws, non-discrimination requirements, and all applicable federal, state, and local regulations pertaining to property management, and requires the contractor to notify the owner of all governmental orders and compliance matters within seventy-two hours of receipt.
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Other files
| File | Type | Posted |
|---|---|---|
| Prop_Mgmt_RFP_Jackson_MLK_CIA.pdf | ||
| MLK_CIA_Property_Management_Services-_Attachment_A.pdf |
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Text version
MANAGEMENT AGREEMENT
This Management Agreement ("Agreement") is made this __ day of_______, 20__, between XXXX, LLC (the "Owner") and YYYY (the "Manager") under the terms and conditions set forth herein.
A.
B.
For and in consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. Appointment and Acceptance. The Owner appoints the Manager as exclusive representative for the management and operation of the property described in Section 2 of this Agreement, and the Manager accepts the appointment, subject to the terms and conditions set forth in this Agreement.
2. Project Description. The properties to be managed by the Manager under this
Agreement (the "Project") are described under Attachment A to this agreement.
3. Basic Information
Based on inspections made by the Manager, the Manager shall inform itself with respect to the layout, construction, location, character, plan and operation of the lighting, heating, plumbing and ventilation systems, and other mechanical equipment in the Project.
4. Intentionally Deleted.
5. Rentals. The Manager will offer for rent and will rent identified units and other rental facilities in the Project. Incident thereto, the following provisions will apply:
A. The Manager will only show the premises to the prospective tenants if directed by
Owner.
B. The Manager will process and make decisions relative to applications for rentals.
If an application is rejected, the applicant will be told the reason for rejection, and the rejected application, with reason for rejection noted thereon, will be kept on file for three (3) years. A current list of prospective tenants will be maintained.
C. The Manager will prepare all dwelling leases, and will execute the same in its name, identified thereon as Manager for the Owner, but individual dwelling leases need not be submitted for the approval of the Owner. Each occupied unit shall be subject to a written lease signed by all the adults occupying the unit, the form of which has been approved by the Owner.
D. The Manager, with Owner approval, will prepare rent schedules identifying the approved rents for identified units, and other charges for facilities and services. In no event will such rents or other charges be changed without Owner approval.
E. The Manager will collect, deposit and disburse security deposits, if required, in accordance with the terms of each tenant's lease and applicable law. The amount of each security deposit will be set by the Manager, with Owner approval. Security deposits will be deposited by the Manager in an interest-bearing account, separate from all other accounts and funds, in a bank or other financial institution whose funds are insured by an agency of the U.S. government. This account will be carried in the Manager's name and designated as " ". The Manager will notify the Owner if that Security Deposit Account cannot be maintained at a level required by law, and the Owner will be responsible for obtaining a security deposit bond or remitting to the account sufficient funds to cover the deficiency.
F. Only if instructed by Owner, the Manager shall renovate and make every effort to re-lease vacant units.
6. Collection of Rents and Other Receipts. The Manager will collect when due all rents, charges, and other amounts receivable on the Owner's account in connection with the management and operation of the Project. Such receipts (except for tenants' security deposits, which will be handled as specified in Subsection 5.E. above) will be deposited in an account, separate from all other accounts and funds, with a bank whose deposits are insured by an agency of the U.S. government upon terms acceptable to Owner. This account will be carried in the Manager's name and designated as the " ".
7. Enforcement of Leases. The Manager will secure full compliance by each tenant with the terms of its lease. Voluntary compliance will be emphasized when available. The Manager will counsel tenants and make referrals to community agencies in cases of financial hardship or other circumstances deemed appropriate by the Manager, to the end that involuntary termination of tenancies may be avoided to the maximum extent consistent with sound management of the Project. Nevertheless, the Manager may lawfully terminate any tenancy when, in the Manager's judgment, reasonably exercised, sufficient cause (including, but not limited to, nonpayment of rent) for such termination occurs under the terms of the tenant's lease. For those purposes, the Manager is authorized to consult with legal counsel to be designated by Owner, with notification to the Owner, to bring actions for eviction and to execute notices to vacate and judicial pleadings incident to such actions and shall follow such instructions as the Owner may prescribe for the conduct of any such action. Subject to the Owner's approval, attorney fees and other necessary costs incurred in connection with such actions will be paid out of the Operating Account as Project expenses.
8. Maintenance and Repair. The Manager will maintain, repair and make replacements to the Project in accordance with a maintenance plan agreed to by the Owner and Manager, along with applicable state and local codes, and in a condition at all times acceptable to the Owner including, but not limited to cleaning, painting, decorating, grounds care, and performing plumbing, heating and cooling, electrical and other utility and mechanical system repairs, maintenance and replacements, energy conservation measures and practices; and such other maintenance, repair and replacement work as may be necessary, subject to any limitation imposed by the Owner in addition to those contained herein.
Incident thereto, the following provisions will apply:
A. Subject to the Owner's prior approval, the Manager will contract with qualified independent contractors for the maintenance, repair and replacement of heating and air-conditioning systems, electrical systems, and mechanical systems for extraordinary repairs and replacements beyond the capability of regular maintenance employees. The Owner will be notified if the Manager wishes to use a contractor owned or affiliated with the Manager. It is understood that any contract issued to an independent contractor shall be awarded at the most advantageous price possible, and that the Manager shall obtain at least two (2) bids for any such work in excess of $2,500.00. All independent contractors engaged to perform services pursuant to this Agreement shall, in each and every case, be insured with limits of not less than $500,000/$1,000,000 bodily injury and personal injury and $1,000,000 property damage insurance.
B. The Manager will systematically receive and promptly investigate all complaints and service requests from tenants, take such action as may be justified, and keep records of the same. Complaints that are out of the ordinary course of business shall be reported to Owner with appropriate recommendations. All communications received by Manager concerning the Project from governmental authorities shall be immediately turned over to Owner.
C. The Manager is authorized to purchase all materials, equipment, tools, appliances, supplies and services necessary for proper maintenance, repair and replacements with respect to the Project, so long as provision for same is provided for in the operating budget of the Project or written approval of Owner is obtained.
E. Notwithstanding any of the foregoing provisions, the prior approval of the Owner will be required for any expenditure which exceeds Two Thousand Five Hundred ($2,500.00) Dollars in any one instance for labor, materials or otherwise in connection with the maintenance, repair or replacement with respect to the Project, except for recurring expenses within the limits of the operating budget or emergency repairs involving manifest danger to life or property. In the latter event, the Manager will promptly inform the Owner of the facts and the Owner will promptly respond with authorization to proceed as appropriate.
9. Utilities and Services. The Manager will make arrangements for water, electricity, gas, fuel oil, sewage and trash disposal, snow and ice removal, vermin extermination, exterior and common area decorating, and telephone services. Subject to the Owner's prior approval, the Manager will have authority to enter into such contracts as may be necessary to secure such utilities and services.
10. Employees. Subject to the Owner's approval, the Manager will designate the number, qualifications and duties of the personnel to be regularly employed in the management of the Project. Such staff shall in every instance be employees of the Manager and not the Owner. Employees will be hired, paid, supervised, and discharged through the Manager, subject to the following conditions:
A. The Manager will prepare and maintain job descriptions which set forth the services to be provided by each employee of the Manager who will be working at the Project, or who will be providing off-site services in connection with the management of the Project.
B. Compensation, including fringe benefits, of on-site employees will be set by the
Manager, subject to the Owner's approval. The Project will reimburse the Manager for compensation, including fringe benefits, payable to personnel considered on site employees, and for all local, state and federal taxes and assessments (including, but not limited to FICA, MESC, FUTA, Workman's Compensation, and SBT) incident to the employment of such personnel. The rental value of any dwelling unit furnished rent-free to on-site employees will be treated as a cost to the Project.
C. Compensation of personnel classified as off-site employees will be set by the
Manager, and will be treated as a cost to the Manager.
D. The Manager shall maintain workers’ compensation and employer’s liability insurance, social security coverage and unemployment insurance for all of its employees in such amounts and coverages and with such deductibles as are consistent with standard industry practice, and shall withhold and pay on the employee’s behalf such additional taxes as may be required under federal, state or local law.
E. Manager shall prepare, execute and file forms, reports and returns required by law in connection with unemployment insurance, wage-hour laws, worker's compensation insurance, disability benefits, Social Security, and other similar taxes now in effect or hereafter imposed, and shall comply with all other requirements relating to the employment of personnel. The Manager shall not, however, be required to perform duties which would constitute the practice of law.
F. The Manager and those employees of the Manager who handle or are responsible for the handling of the Project monies shall, at the Project's expense, be covered by an employee crime/dishonesty policy of insurance. The policy shall include terms and will be issued by a carrier acceptable to the Owner, in the amount (adjusted annually) equal to one month’s maximum gross rent potential for the Project. The Owner shall be named as the insured under the policy.
11. Disbursements From Operating Account.
A. From the funds collected and deposited by the Manager in the Operating Account, pursuant to Section 6 above, the Manager will make the following disbursements, directly from the Operating Account, promptly when payable.
1. Reimbursement to the Manager for compensation payable to the employees specified in Subsection 10.B. above, and for the taxes and assessments payable to local, state and federal governments in connection with the employment of such personnel.
2. All sums otherwise due and payable by the Owner as expenses of the Project authorized by this Agreement, including without limitation of the foregoing, expenses payable pursuant to Paragraph 17 below and compensation payable to the Manager, pursuant to Section 21 below, for its services hereunder and, subject to such limitations as are elsewhere in this Agreement set forth, such other expenses as are incurred by the Manager in the conduct of business pursuant to this Agreement.
B. Except for the disbursements mentioned in Subsection 11.A. above, funds will be disbursed or transferred from the Operating Account only as the Owner may from time to time direct in writing.
C. In the event the balance in the Operating Account is at any time insufficient to pay disbursements due and payable under Subsection 11.A. above, the Manager will inform the Owner of the fact and Owner will then remit to the Manager sufficient funds to cover the deficiency. In no event will the Manager be required to use its own funds to pay such disbursements. Manager will notify Owner of monthly mortgage payments, prior to end of each month.
D. So long as the Manager exercises reasonable efforts to pay all charges and expenses of the Project in a consistent manner, the Manager will not be responsible for any late charges, fees, penalties, service charges or interest due and owing as a result of the Manager’s failure to make any required payments by their due date. The Manager’s reasonable efforts will be judged against the management industry’s standard for prudent, fair business practices. If the Owner fails to make funds available in the Operating Account to fund a deficiency after notice by the Manager, or the Owner otherwise consents to the Manager’s failure to pay, the Owner assumes responsibility for any charges, fees or interest that may be owed. The Manager will be not required to make any payments or pay other charges that are the subject of a valid dispute so long as the Owner or Manager is diligently pursuing resolution of the dispute, except for property taxes and other items that must be paid to avoid substantial late fees or penalties.
12. Budget and Management Plan. Within thirty (30) days following the date of this
Agreement and at least sixty (60) days prior to the commencement date of each new fiscal year thereafter until the termination of this Agreement, the Manager will prepare an operating budget and management plan for the Project in a format acceptable to the Owner, and will submit the budget and plan to the Owner for approval. Except as permitted under Subsection 8.E. above, annual disbursements for each type of operating expense itemized in the approved recommended operating budget for the initial fiscal year will not exceed the amount authorized by such budget. The Owner may approve or amend such budget for a period of 30 days after its actual receipt thereof. The Owner will promptly inform the Manager of any changes incorporated in the approved budget, and the Manager will keep the Owner informed of any anticipated deviation from the receipts or disbursements stated in the approved budget. The budget shall constitute a major control under which the Manager shall operate, and no expenses may be incurred or commitments made by the Manager in connection with the maintenance, repair, replacement or operation of the Project in excess of the amounts allocated to the various classifications of expense in the approved budget without the prior consent of the Owner, except that there may be an overrun if it is necessary, in the discretion of the Manager, because of an emergency or lack of sufficient time to obtain such prior consent, provided the overrun is brought promptly to the attention of the Owner in writing. If the Owner and Manager cannot agree on a budget within 60 days after the proposed budget has been first delivered to Owner, this Agreement shall thereupon terminate, and the provisions of Subsection 22.D. below shall apply to such termination.
13. Records and Reports.
A. The Manager will establish and maintain a comprehensive system of records, books, and accounts in a manner satisfactory to the Owner. All records, books, and accounts will be subject to explanation to the authorized representative of the Owner at reasonable hours.
B. With respect to each fiscal year ending during the term of this Agreement, the Manager will have an annual financial report prepared by a person acceptable to the Owner, based upon the preparer's examination of the books and records of the Owner and the Manager. The report will be prepared in accordance with the directives of the Owner, will be certified by the preparer and the Manager, and will be submitted to the Owner within 50 days after the end of the fiscal year. Any adjustment in amounts due and owing to the Project as a result of information discovered by the audit will be paid within thirty (30) days following receipt of the audit by the Manager.
C. The Manager will prepare a monthly report comparing actual and budgeted figures for receipts and disbursements and will submit each such report to the Owner within 15 days after the end of the month.
D. The Manager will furnish a monthly operating report and such information (including occupancy reports), as may be requested by the Owner from time to time with respect to the financial, physical, and operational condition of the Project.
E. By the 15th day of each month, the Manager will furnish the Owner with an itemized list of all delinquent rental accounts as well as a current monthly rent roll indicating the rent, family size, family income and area median income for each tenant.
F. By the 15th day of each month, the Manager will furnish the Owner a statement of receipts and disbursements during the previous month, and a schedule of accounts receivable and payable. The Manager will reconcile bank statements for the Operating Account and Deposit Account as of the end of the previous month.
G. Within 30 days after the end of each of the first three quarters of each year, the Manager shall provide to the Owner unaudited financial statements for the Project, including a balance sheet as of the end of such quarter, statements of profit and loss for such quarter, and statements of sources and uses of cash flow for such quarter and for the fiscal year through the end of such quarter.
H. Except as otherwise provided in this Agreement, all off-site bookkeeping, clerical, and other management overhead expenses (including but not limited to costs of office supplies and equipment, data processing services, postage, transportation for off-site personnel, and telephone services) will be borne by the Project out of the Project’s funds and will be treated as Project expenses.
14. NOT USED
15. Fidelity Bond. The Manager will furnish, at properties expense, a fidelity bond which is at least equal to the gross potential income of the Project for three (3) months based upon full occupancy and is conditioned to protect the Owner against misappropriation of Project funds by the Manager and its off-site employees. The Manager shall provide a bond of a like kind to cover the on-site personnel described in Section 10 above and it shall be paid for from Project income.
16. Bids, Discounts, Rebates, etc. The Manager will obtain contracts, materials, supplies, utilities, and services on the most advantageous terms to the Project, and is authorized to solicit bids, either formal or informal, for those items which can be obtained from more than one (1) source. The Manager will secure and credit to the Owner all discounts, rebates, or commissions obtainable with respect to purchases, service contracts, and all other transactions on the Owner's behalf.
17. On-Site Management Facilities. The Owner will provide the Manager with such business office space at the Project site and such furnishings and equipment as the Manager and Owner agree is necessary for the performance by the Manager's on-site staff of the Manager's obligations under this Agreement. The expenses of obtaining and maintaining such office space, furnishings and equipment shall be deemed expenses of the operation of the Project payable pursuant to Paragraph 11.A. above.
18. Insurance. The Owner will cause such insurance to be placed and kept in effect at all times. The Manager will pay premiums out of the Operating Account and premiums will be treated as Project expenses. All insurance will be placed with companies on conditions, in amounts and with beneficial interests appearing thereon as shall be acceptable to the Owner and in conformity with the mortgage; provided that the same will include public liability coverage, with the Manager and affiliated companies designated, by name, as one of the insured, in amounts acceptable to the Manager and Owner. The Manager will investigate and furnish the Owner with full reports as to all accidents, claims, and potential claims for damage relating to the Project, and will cooperate with the Owner's insurers in connection therewith.
19. Compliance with Governmental Orders. The Manager will take such action as may be necessary to comply promptly with any and all governmental orders or other requirements affecting the Project, whether imposed by Federal, State, County or Municipal Authority, subject, however, to the limitation stated in Subsection 8.E. above with respect to repairs and replacements. Nevertheless, the Manager shall take no action so long as the Owner is contesting, or has informed Manager of its intention to contest, any such order or requirement. The Manager will notify the Owner in writing of all notices of such orders or other requirements, promptly following receipt of same and in no event later than seventy-two (72) hours from the time of their receipt. Manager certifies that it is thoroughly familiar with all Federal, State and local laws, ordinances and regulations that pertain to the proper management of the Project, including but not limited to issues involving equal employment opportunity, fair housing, eviction proceedings, security deposits, utility services and criminal activities that may result in property forfeiture and will act in compliance therewith.
Manager further represents and warrants to Owner that it will keep informed of and will act in compliance with, all new laws, ordinances and regulations that may be enacted during the term of this Agreement as they pertain to the management of the Project.
20. Nondiscrimination. In the performance of its obligations under this Agreement, the
Manager will comply with the provisions of any Federal, State or local law prohibiting discrimination in housing on the grounds of race, color, religion, sex, age, marital status, national origin, or physical or mental handicap (applicant must have capacity to execute a legal contract), including without limitation of the foregoing, Title VI of the Civil Rights Act of 1964, all requirements imposed by or pursuant to the Regulations of the Secretary issued pursuant to that Title, regulations issued pursuant to Executive Order 11063, and Title VIII of the Civil Rights Act of 1968, as amended or replaced, and the Fair Housing Amendment of 1988.
21. Manager's Compensation. The Manager will be compensated for its services, including overall management under this Agreement, by monthly fees to be paid from the Operating Account and treated as Project expenses ("Management Fees"). Such Management Fees will be payable on the first (1st) day of each month for the term of this Agreement. The Management Fee will be an amount equal to __________ Dollars ($0.00) per month.
22. Suspension of Compensation. If a material default by the Manager under this
Agreement, the Regulatory Agreement or the Mortgage occurs because of the Manager's failure, refusal or inability to perform its responsibilities in an efficient and businesslike manner, the Owner shall have the right to withhold or suspend the Manager's compensation subject to the following conditions:
1. The Manager shall be given written notice of the default. The Manager shall have thirty (30) calendar days from the date of the receipt of the notice to cure the default. The failure to cure or take all necessary steps to obtain a cure during the 30-day period following receipt of the notice shall entitle the Owner to withhold or suspend the Manager's compensation. However, in cases of emergency (including, but not limited to, situations endangering the health and safety of the tenants, serious danger to property, or misuse of Project funds) or where good cause for termination exists, the 30-day notice shall not be required in order to withhold or suspend the Manager's compensation.
2. If the Manager's compensation is withheld or suspended as provided above, such withholding or suspension shall continue until the Manager corrects or takes all necessary steps to cure the default, as determined in the discretion of the Owner, at which point the Manager’s compensation will be reinstated. If the Manager's compensation has been suspended; the Manager will have the right to recoup any compensation that has been suspended once the default giving rise to the suspension has been cured.
23. Term of Agreement. This Agreement shall be in effect for a one-year period beginning on the __ day of ______ 20__ and ending on the __ day of ________, 20__, subject, however, to the following conditions:
A. It is expressly understood and agreed by and between the parties hereto that the
Owner shall have the right to terminate this Agreement, without cause and without penalty, on thirty (30) days’ written notice to the Manager.
B. It is expressly understood and agreed by and between the parties hereto that the
Owner shall have the right to terminate this Agreement immediately for good cause, upon notice to the Manager and without penalty. Good cause shall include, but is not limited to, the voluntary or involuntary bankruptcy of the Manager; the commission of fraud or other malfeasance by the Manager or its employees or Managers; the intentional commission of (or omission leading to) a material default under this Agreement, the Mortgage or the Regulatory Agreement by the Manager or its employees or Managers; or the commission of criminal acts or the threat of criminal acts on the part of the Manager or its employees or Managers. In the event of immediate termination for good cause, written notice of the termination shall be sent promptly to all parties.
C. In the event a petition in bankruptcy is filed by or against either Owner or the
Manager, or in the event either makes an assignment for the benefit of creditors or takes advantage of any insolvency act, the other party may terminate this Agreement by prompt written notice of such termination to the first party.
D. Within thirty (30) days after the termination of this Agreement, the Manager shall close all accounts and pay balances or assign all certificates of deposit regarding the Project to Owner. Manager shall deliver to Owner all plans and surveys of the Project in its possession and all books and records concerning the Project.
Manager shall submit to Owner all reports required under Section 18 hereof to the date of such termination, and Manager and Owner shall account to each other with respect to all matters outstanding as of the date of termination.
24. Indemnification of Manager by Owner. Owner hereby agrees to indemnify and hold harmless the Manager, its officers, directors, employees, and Managers from liability (except liability arising through acts of the Manager, its officers, directors, employees, or Managers which are negligent or in willful violation of the law or this Agreement), including, but not limited to, reasonable attorneys' fees and costs of defense of actions which may be brought against the Manager resulting from the Manager's lawful performance of this contract. This indemnification shall include the defense, reasonable costs of defense, and payment of claims or judgments which may be rendered from lawsuits, claims, and future lawsuits pertaining to the various contracts, agreements, and undertakings entered into by the Manager, on behalf of the Owner, in which goods and services were properly supplied to the Property.
25. Indemnification of Owner and Owner by Manager. Manager hereby agrees to indemnify and hold harmless Owner, the Owner and their respective partners, officers, directors, shareholders, employees, and Managers (collectively "Related Parties") from any liability, loss, cause of action, damage, cost, or any expense, including those which relate to the prosecution or defense of any action (including reasonable attorneys fees) by reason of the Manager's or the Manager's officers', directors', employees', or Managers' breach of this Agreement or the Manager's or the Manager's officers', directors', employees', or Managers' acts, omissions, negligence, gross negligence or fraud in connection with this Agreement and/or other contracts entered into by Manager on Owner's behalf. Nothing contained in this paragraph shall be deemed to create any rights in any person or entities not parties to this Agreement.
26. No Representations by Owner: Right to Inspect. Owner has made no representations or warranties to Manager as to the condition of all or any part of the Project, the Project's projected income, profits and expenses, the use to which the Project may be put or any other matter related to the Project or this Agreement, and Manager agrees and acknowledges that no representations or warranties of any nature, express or implied, have been made by Owner, its Managers, representatives or employees to Manager.
Owner may enter and inspect the Project premises at any reasonable time, although such right is given for the purpose of enabling Owner to be informed as to whether Manager is complying with the terms of this Agreement and not to impose any obligations on Owner for the management, control or operation of the Project.
27. Conflict of Interest. If Manager, or an affiliate or. subsidiary of Manager, or any officer, director or shareholder of Manager, or a person or party having an interest in Manager shall now have or shall hereafter construct or have an interest in any apartment building on property near or adjoining the Project (hereinafter referred to as a "Competing Project"), Manager will not favor the Competing Project in the procurement of tenants, or in the operation or maintenance thereof, to the detriment of the Project. This Paragraph 28 shall be in addition to and not in limitation of obligations and duties imposed upon Manager by applicable law. Manager represents to Owner that Manager, its affiliates and subsidiaries, its officers, directors and shareholders, and all persons or parties having an interest in Manager, do not now have an interest in a Competing Project, and Manager expressly agrees to provide Owner with prior written notice of any such interest hereafter acquired.
Nothing herein shall be construed, interpreted or applied, however, so as to prohibit Manager or its affiliates, subsidiaries, officers, directors or shareholders or any person or party having an interest in Manager from owning, managing or otherwise dealing with or participating in any such Competing Project or so as to require Manager to favor the Project over the Competing Project.
28. Interpretative Provisions
A. This Agreement constitutes the entire Agreement between the Owner and the Manager with respect to the management and operation of the Project and no changes will be valid unless made in a written agreement signed by the Owner and the Manager.
B. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, together, shall constitute a single, complete Agreement.
29. Facsimile. Owner directions may be through facsimile.
30. Miscellaneous. Neither party may assign or sell its interest in this Agreement without the written consent of the other party. For purposes of this Section, an assignment or sale shall include one or more sales or transfers by operation of law or otherwise by which a controlling interest in the Manager or Owner shall be vested in a party or parties who are not shareholders, members or partners of the Manager or Owner as of the date of this Agreement. This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan.
31. Notices. Any notices required or permitted hereunder shall be in writing and shall be delivered: in person; by nationally recognized overnight courier service; by certified mail, return receipt requested, postage fully prepaid; or by facsimile transmission via equipment that provides written proof of successful delivery. Each such notice shall be provided to the applicable party at the address set forth below or as provided in accordance with this paragraph, and, each such notice shall be effective upon the first to occur of actual receipt or, if sent by certified mail, two (2) business days following mailing in accordance with this paragraph.
If to the Owner:
If to the Manager:
IN WITNESS WHEREOF, the Owner and the Manager (by their duly authorized officers) have executed this Agreement on the date first above written.
OWNER:
By:
Its:
MANAGER:
[NAME]
By: __________________________
Its: Managing Partner
ATTACHMENT A
Item Property Code
Address Parcel ID No. Type:
Occupied Property Vacant Property Vacant Land
Building Size:
Parcel Size:
AKA Zoning Description
Desired Scope Tasks
1.
MLK
CIA
Owned
00-1-1 218 E.
Franklin St., 49201
Parcel ID: 5- 011300000
Vacant Property 6,587 SF 0.45 AC Church Industrial Bldg. Debris Clean- Out / Stabilization, Repair & Grounds Maintenance
2.
MLK
CIA
Owned
00-2-1.1 135 W.
Prospect St., 49203
Parcel ID: 4- 165600000
(to be) Occupied Property
7,635 SF 0.44 AC Former Advance Auto/ New Tenant
Commercial Bldg. Grounds Maintenance & Repair (as needed)
3. 01-1-1 Parcel ID: Vacant Land 338 SF 0.18 AC Former Prof.
Office side lot
Commercial Grounds Maintenance
4. 01-1-2 Parcel ID: Vacant Property 1,654 SF 0.12 AC Former Prof.
Office
Commercial Bldg. Debris Clean- Out / Stabilization
5. 01-2-1 Parcel ID: Vacant Property 39,282 SF 0.90 AC Former School Site
Apartment & Office
Bldg. Debris Clean- Out / Stabilization
9. 02-2-2 Parcel ID: Vacant Land 0 0.11 AC Former School Site front Lot
Commercial Grounds Maintenance
6. 03-1 Parcel ID: Vacant Property 2,097 SF 0.12 AC Former Party Store
Commercial Grounds Maintenance
7 03-2
Parcel ID: Vacant Property 2,004 SF 0.11 AC Former Party Store
Commercial Grounds Maintenance
8. 03-3 Parcel ID: Vacant Land 0 0.17 AC Former Party Store
Commercial Grounds Maintenance
10. 04-1 Parcel ID: Vacant Land 0 0.12 AC Commercial Grounds Maintenance
11. 04-2 Parcel ID: Vacant Land 0 0.19 AC Commercial Grounds Maintenance
12. 01-3-1 Parcel ID: Vacant Property 1,787 SF 0.4 AC Church Multifamily Residential
Bldg. Debris Clean- Out / Stabilization & Grounds Maintenance
13. 01-3-2 Parcel ID: Vacant Property 2,699 SF 5- 0469.0100
Church Commercial Bldg. Debris Clean- Out / Stabilization & Grounds Maintenance
File details come from the government source that posted it. Updated .