Temporary Property Maintenance Agreement
PROJECT Neighborhood Stabilization Program
PROPERTIES: 5318 - 5340 Gilchrist Street, Naples,
Florida 34113 (Six (6) Duplexes]
FOLIO NO: 62261280005,62261320004,62261360006,
62261400005,62261440007, and 62261480009
CONVEYANCE ACCEPTED BY BCC - OCTOBER 27, 2009 AGENDA ITEM #1606
TEMPORARY PROPERTY MANAGEMENT AGREEMENT
THIS AGREEMENT, dated this 28th day of September, 2010, by and between
COlliER COUNTY, a Political Subdivision of the State of Florida (hereinafter
referred to as "Owner"), whose address is 3301 Tamiami Trail East, Naples, Florida
34112 and COLONIAL SQUARE REALTY, INC., a Florida Corporation having its
principal office at 1048 Goodlette Rd" Ste. 201 Naples Florida, 34102 (hereinafter
referred to as the "Manager"), witnesses that:
WHEREAS the Owner owns, that certain property generally referred to as the Gilchrist
Properties (hereinafter referred to as the "Property"), located at 5318, 5322, 5326,
5330, 5334, 5340 Gilchrist Street, Naples, FL 34113, desires to engage the Manager to
manage and operate the Property on the terms set forth:
ARTICLE I
SECTION 1,1 Owner hereby contracts with Manager to be Manager of the
Property commencing the 28th day of September, 2010, for the duration of Owner's
possession of the Property unless Owner provides Manager with written notification
terminating this Agreement. Said notice shall be provided ten (10) days prior to
termination, and Manager hereby accepts such responsibility upon the terms and
conditions hereinafter set forth.
SECTION 1.2 Owner shall designate in writing such officers or employees of
Owner to serve as Owner's representative (the Owner's Representative") in all dealings
with Manager hereunder. Wherever the approval, consent or other action of Owner is
required hereunder, such approval, consent or action shall not be binding unless in
writing. The original Owner's Representative will be Michael Dowling, Leasing Manager,
Real Property Management, Collier County Government and can be amended at any
time at the discretion of Owner in writing delivered to Manager.
SECTION 1,3 The Manager shall be thoroughly familiar and knowledgeable in
all aspects of the Property to enable Manager to effectively and efficiently manage the
Property.
SECTION 1.4 The Manager shall maintain at his expense insurance policies for
general liability with a limit of $1,000,000 for anyone occurrence and an Error's and
Omissions with limits of $1 ,000,000 per claim,
ARTICLE II
SECTION 2.1 MAINTENANCE AND REPAIR OF PROPERTY. Manager shall
maintain the Property in accordance with standards acceptable to Owner's
Representative, including, without limitation thereof, interior and exterior cleaning,
painting and decorating, plumbing, carpentry, elevators, heating, air conditioning,
landscaping, and such other normal maintenance, preventative maintenance and repair
work as may be prudent, subject to limitations imposed by Owner's Representative in
addition to those contained herein. For anyone type of extraordinary repair or
replacement, the expense incurred shall not exceed the sum of Two-Thousand and
no/100 Dollars ($2,000.00) unless specifically authorized by Owner, excepting, however,
that "Emergency Repair" which is defined as those repairs immediately necessary for the
preservation and safety of the Property or to avoid the suspension of any service to the
Property or danger to life or property may be made by Manager. Notwithstanding this
authority as to Emergency Repair, it is understood and agreed that Manager will, if at all
possible, confer immediately with Owner's Representative regarding every such event
and expenditure and the event or circumstances which gave rise to the expenditure. In
the event of a hurricane or windstorm, or other natural disaster or man-made damage to
the Property, the Manager shall take all reasonable steps to protect the Property from
damage,
SECTION 2.2 INSURANCE, The Manager will abide by all laws, rules and
regulations of any governmental body claiming jurisdiction.
Owner, at its expense, will obtain and keep in force adequate insurance against
physical damage (Fire and Extended Coverage, etc.) and against liability for loss,
damage or injury to property or persons, which might arise out of the occupancy,
management, operation or maintenance of the Property, Owner shall name Manager as
additionally insured on the property's insurance policy, Owner shall save Manager
harmless (except for either Manager's negligence, willful misconduct, or conduct not
authorized by this Agreement) from any liability on account of such insured loss, damage
or injury provided:
(a) Manager has at all times, operated in compliance with the terms of this
Agreement;
(b) Manager notifies Owner's Representative within twenty four (24) hours after
Manager receives notice of any such loss, damage or injury;
(c) Manager takes no action (such as admission of liability) which might
operate to bar Owner from obtaining any protection afforded by any policy
it may hold, or which might prejudice Owner in its defense to a claim
based on such loss, damage or injury; and
The Manager shall furnish whatever information is requested by Owner for the purpose
of establishing and placing of insurance coverage and shall aid and cooperate in every
reasonable way with respect to such insurance and any loss thereunder.
SECTION 2.3 COLLECTION OF MONIES AND ESTABLISHMENT AND
MAINTENANCE OF THE BANK ACCOUNT. Manager shall collect, when due, all rent
and other charges due from lessees, tenants and concessionaries occupying any portion
of the Property. Owner authorizes Manager to request, demand, collect, and receive all
such rent and other charges when such sums are due and payable.
Manager, upon the execution of this Agreement, shall deliver all rents and other charges
to Stewart Title Company, 3936 North Tamiami Trail, Suite A, Naples, Florida 34103
(hereinafter referred to as the "Escrow Account").
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SECTION 2.4 FINANCIAL REPORTS AND SUPPORTING DOCUMENTATION.
The Manager shall furnish reports as requested of all transactions. The Reports are to
be sent for receipt by Owner no later than fifteen (15) calendar days after request.
SECTION 2.5 MISCELLANEOUS,
(a) Tenant Complaints. Manager shall maintain businesslike relations with
tenants whose service requests shall be received, logged, considered
and responded to in a systematic, and courteous fashion. Complaints of
a serious nature shall be promptly and thoroughly investigated and
reported to Owner's Representative with appropriate recommendations.
(b) Inspection by Manaaer. Manager shall, at least monthly, make
inspections of all rental space and maintain a maintenance report in the
manager's file for each Property,
(c) Compliance with Leaal Reauirements. Manager shall take such action as
may be necessary to comply with any or all orders or requirements
affecting the Property by any federal, state, county and or municipal
authority having appropriate jurisdiction.
(d) Service of Process, Manager is not authorized to accept any legal documents
or service of process on the behalf of Owner.
(e) Emeraency Plan, Unless authorized by owner, the Manager shall execute
Colonial Square Realty's Emergency Plan, in the cases of fire,
hurricanes, windstorms, floods, vandalism and other disasters.
(f) CAP on Exposure, The management company will be responsible for
damages caused by misconduct or negligence up to the dollar amount of
compensation carried from this property in the prior 12 months.
ARTICLE III
SECTION 3.1 COMPENSATION OF MANAGER: Owner agrees to pay
Manager as follows:
Owner agrees for Manager to withhold 15% of Gross Rents monthly in full
compensation for all maintenance management services provided with a
minimum of $500.00 per month, pursuant to the terms of this Agreement.
SECTION 3.2 EXPENSE OF OWNER. All costs disbursed against the Budget
and as otherwise approved by Owner, shall be for the benefit of the Property and
expenses of the Owner. Owner agrees to reimburse Colonial Square realty for any
approved expenditure paid by Colonial Square Realty.
SECTION 3.3 HOLD HARMLESS. Manager agrees to defend and cooperate
with Owner, and save harmless and indemnify Owner from all claims and liability and all
incidental costs, fees and expenses arising out of or in connection with such costs, fees
and expenses arising out of or in connection with such claim or litigation resulting or
arising from Manager's management of the Property and the performance of Manager's
duties hereunder and from injuries suffered by any employee or other person whosoever
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as a result of Manager's misconduct, negligence of conduct not authorized by this
Agreement.
SECTION 3.4 NOTICES, All notices, demands and other communications
required under this Agreement shall be in writing and deemed to have been sufficiently
given or served for all purposes when presented or delivered either via overnight courier
or regular mail and shall be addressed to the party for whom it is intended at its address
as hereinafter set forth, or sent via facsimile transmission to the number hereinafter set
forth with a copy sent via first class mail:
As to Manager:
COLONIAL SQUARE REALTY, INC.
P.O. Box 10608
Naples, Florida 34101
Telephone: 239-261-2627
As to Owner:
Collier County Real Property Manaaement
3301 Tamiami Trail E., Naples, FI 34112
Telephone: 239-252-8991
SECTION 3.5 ENTIRE AGREEMENT. This Agreement shall constitute the
entire agreement between the parties hereto and no modification thereof shall be
effective unless made by supplemental agreement in writing executed by the parties
hereto,
SECTION 3.6 This Agreement shall be construed, interpreted, enforced and
governed by and in accordance with the laws of the State of Florida (excluding the
principals thereof governing conflicts of law) and federal law. If anyone or more of the
provisions contained in this Agreement is declared or found by a court of competent
jurisdiction to be invalid, illegal or unenforceable, such provision or portion thereof shall
be deemed stricken and severed and the remaining provisions hereof shall continue in
full force and effect.
SECTION 3,7 All references to monies in this Agreement shall be deemed
to mean lawful monies of the United States of America.
SECTION 3.8 In the event Manager has defaulted on its obligations under
this Agreement, Manager shall indemnify Owner for all Owner's costs and fees, including
reasonable attorneys' fees, paralegal fees and court costs (through and including any
and all collection, trial, appellate and administrative procedures) incurred by the Owner
in collecting or enforcing its right hereunder.
SECTION 3.9 Waiver of Trial by Jury. MANAGER AND OWNER HEREBY
KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY
RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION,
PROCEEDING OR COUNTERCLAIM BASED ON THIS AGREEMENT, OR ARISING
OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE
OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR
WRITTEN) OR ACTIONS OF ANY PARTY HERETO. THIS PROVISION IS A
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MATERIAL INDUCEMENT FOR MANAGER AND OWNER ENTERING INTO THIS
AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and
year first above written.
Date property acquisition approved by BCC:
DATED: I} /:J-5/ dD) D
October 27,2009, Agenda Item 16D8
AS TO OWNER:
ATTEST,"': .
DWJGHT E. BROe~, Clerk
,<, . . ."
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~'-A-~W. ~.
Fred W. Coyle, Chairman ...
'. ",,".' i ',''''.
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Approved as to form and
legal sufficiency:
~'l")~~
Jen~r B. White, Ass!. County Attorney
AS TO MANAGER:
DATED:
COLONIAL SQUARE REALTY, INC.,
a FLORIDA Corporation
BY:
Witness
Print Name
Print Name
Title
Witness
Print Name
5
MEMORANDUM
Date:
September 28, 20 1 0
To:
Toni Mott, Manager of Property Acquisition
Real Estate Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Temporary Property Management Agreement
for NSP Property at 5318-5340 Gilchrist Street
Attached for further processing is the original document, referenced above
(Item #16D8), approved by the Board of County Commissioners on
Tuesday, October 28, 2009.
If you should have any questions, please contact me at 252-8406.
Thank you.
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Anach to original document Original document'l should be hand delivered to the Board Oftice. The completed routing slip and original
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exceotion oflhe Chairman's signature, draw a line through routi~es III thn~4, cQmolele the checklist, and forward to Sue Filson (line #5).
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5. Ian Mitchell, BCC Office Board of County Commissioners
Supervisor
6. Minutes and Records Clerk of Court's Office
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(The primary contact is the holder of the original document pending Bee approval.. No'rmally the primary contact is the person who created/prepared the executive
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information. All original documents needing the Bee Chairman's signature are to be delivered to the Bec office only after the BCe has acted to approve the
item.
Name of Primary Staff . 20' 'I <<
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Agenda Date Item was
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document or the final negotiated contract date whichever is ~Ijcah]e,
HSign here" tabs are placed o~ the appropriate pages indicatlng-;~;~re the Ch--;;~~an's~-
signature and initial:,> are requi~ed .. __.____,,_.,__._ _____.____~__._____~________~_
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The document was approved by i~ iJ-cc ~~;lit{_21(;!deJ;t~J:-iJ;'ie) ,,-;~;'jT;ha~'g~;
made during the meeting have been incorporated ill thl attached document. The
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