HomeMy WebLinkAboutC-2983 - Marinapark Mobilehome ManagementTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE PODCY NUMBER POUCYEFFECTIVE POUCYEXPIRAMON LIMITS
LTR DATE (MM,DD/YY) DATE (MMVDD/YY)
GENERAWABILITY GENERAL AGGREGATE $ 1,000,00U
]{ COMMERCIAL GENERAL LABILITY PRODUCTS - COMP /OP AGO. $ 1,000,00(
A CLAIMS MADEa OCCUfl. (94)1022877Q39 11/01/94 11/01/95 PERSONAL AADV. INJURY $ 1,000,00(
OWNER'S & CONTRACTOR'S PRO) EACH OCCURRENCE $ 1,000,00(
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS UABILITY
FIRE DAMAGE (lwepemm)
MED. EXPENSE (Any COMBINED SINLIMIT
BODILY INJURY (Per person)
BODILY INJUR
(Per aaoiefenL)
PROPERTY DAMAGE $
EACH OCCURRENCE $
AGGREGATE $
OTHER THAN UMBRELLA FORM
j I
SSTATUTORY �OR' Y '+ I^IT
WORKERS COMPENSATION EACH ACCIDENT
DISEASEOLICY UMIT AND
EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE j $
OTHER
A CRIME (94)1022877439 I 11/01/94 11/01/95 $100,000
$1,000 DEDUCTIBLE
DESCRIPTION OF OPERATIONSILOCATI ONSNEHICLES/SPECIAL ITEMS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1HImnygmkxT®
ATTN: KEN DELINO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
3300 NEWPORT BLVD. LEFT' eA$X �LN04T $mSiwDCXX1uWIWaRO xD� aa[7w1XN�
NEWPORT BEACH, CA 92659 -8915 hummixym
AUTHORIZED REPRESENTATIVE n �.
11/14/94
PRODUCER
ARMSTRONG/ROBITAILLE INS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
17501 E. 17th St. #200
POLICIES BELOW.
P.O. Box 4147
COMPANIES AFFORDING COVERAGE
Tustin, CA 92681 -4147
COMPANY A CNA
LETTER
—
COMPANY B
LETTER
LETTERNY C
INSURED
BENDETTI MANAGEMENT GROUP
1176 Main St.
Irvine, CA 92714
LETMTER Y D
KS
COMPANY E
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE PODCY NUMBER POUCYEFFECTIVE POUCYEXPIRAMON LIMITS
LTR DATE (MM,DD/YY) DATE (MMVDD/YY)
GENERAWABILITY GENERAL AGGREGATE $ 1,000,00U
]{ COMMERCIAL GENERAL LABILITY PRODUCTS - COMP /OP AGO. $ 1,000,00(
A CLAIMS MADEa OCCUfl. (94)1022877Q39 11/01/94 11/01/95 PERSONAL AADV. INJURY $ 1,000,00(
OWNER'S & CONTRACTOR'S PRO) EACH OCCURRENCE $ 1,000,00(
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS UABILITY
FIRE DAMAGE (lwepemm)
MED. EXPENSE (Any COMBINED SINLIMIT
BODILY INJURY (Per person)
BODILY INJUR
(Per aaoiefenL)
PROPERTY DAMAGE $
EACH OCCURRENCE $
AGGREGATE $
OTHER THAN UMBRELLA FORM
j I
SSTATUTORY �OR' Y '+ I^IT
WORKERS COMPENSATION EACH ACCIDENT
DISEASEOLICY UMIT AND
EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE j $
OTHER
A CRIME (94)1022877439 I 11/01/94 11/01/95 $100,000
$1,000 DEDUCTIBLE
DESCRIPTION OF OPERATIONSILOCATI ONSNEHICLES/SPECIAL ITEMS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1HImnygmkxT®
ATTN: KEN DELINO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
3300 NEWPORT BLVD. LEFT' eA$X �LN04T $mSiwDCXX1uWIWaRO xD� aa[7w1XN�
NEWPORT BEACH, CA 92659 -8915 hummixym
AUTHORIZED REPRESENTATIVE n �.
it r�1#
PRODUCER
ARMSTRONG/ROBITAILLE INS.
» >:
ISSUE DATE (MWDD/YY)
C 06113/94
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
17501 E. 17th Street #200
POLICIES BELOW.
P.O. Box 4147
COMPANIES AFFORDING COVERAGE
Tustin, CA 92681 -4147
COMPANY A CONTINENTAL INS.
LETTER
O
KS
COMPANY
LETTER B CNA
INSURED
LETTTER "Y C
BENDETTI MANAGEMENT GROUP
COMPA
LETTERNV D
1176 Main St. #100
Irvine, CA 92714
COMPANY E
LETTER
RAM
THIS IS TO CERTIFY THAT THE POLICIES OF INSUR4NCE ! ISTEC BE! ON' 4ANE BEEN ISSUPD TO THE !NSUP.EC ^!.4ME0 P.BOVE FO9 THE POLICY PER'OC
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENIT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED eY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/VY!
LIMITS
A
GENERAL LIABILITY
�[ COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR.
OWNER'S & CONTRACTOR'S PROT
X Persondiwury
[93]CBPO6141019
1 VO1/93
11/01/94
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS- COMP /OP AGG.
$ 1,000,000
PERSONAL & ADV. INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Anyone fire)
$ 50,000
MED. EXPENSE (Any one person)
$ 1,000
AUTOMOBILE
LIABILITY
COMBINED SINGLE
LIMIT
IS
ANY AUTO
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
GARAGE LIABILITY
PROPERTY DAMAGE
$
SS LIABILITY LIABILITY
EACH OCCURRENCE
Is
AGGREGATE
$
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
WORKER'S COMPENSATION
EACH ACCIDENT
$
AND
DISEASE — POLICY LIMIT
$
DISEASE —EACH EMPLOYEE
$
EMPLOYERS' LIABILITY
OTHER
B
CRIME
[93]CBP06141019
11/01/93
11/01/94
$100,000 $1,000 Ded.
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLEWSPECIAL ITEMS
�7iF1�R']'�GG£1E11 .< ':
em1l.mTlybll . rgua���atl��lrNvIL�I�a���Lt����a�u� :..
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF NEWPORT BEACH
ATTN: Ken DCIInO
3300 Newport Blvd.
Newport Beach, CA 92659 -8915
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 78r OMMIIXXXV
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, sxT% sualx�sxrxsmac"°> OOmcasxswnzsxl�cossxwox�u +sXao>a
°�'� yRx6xxxrsrassNSSX�Jahxse xxexe�.
AUTHORIZED REPRESENTATIV
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IS CE RCATE IS MS A A —MATTER OF INFOR ONLY AID
PRODUCER
CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE
ARMCTR(jNft1R()RTTAnJ-F. INS,
0048 NOT AMENIX EXTEND an ALTCN TO IG OOYEMOE AFFORDED BY THE
17501 E. 17th Street #200
POLICIES BELOW.
P.O. Bmr 4147
COMPANIES AFFORDING COVERAGE
TDStin, CA 92681 -4147
A CONTINENTAL 1NS
LETTER
KS
COWANY
LETIU B CNA
INAUREP
-
BENDETTI MANAGEMENT GROUP
LC
I176 Main St. MI00
Irvine, CA 92714
t.Mx«
BELOW HAYE BEEN ISSUED TO TFE INSURED NAMED ABOVE FOR THE POLICY PERIOD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY OC ICOLCO Oil MAY PSRTA;K THE INSURANCE
AFPORCED EY THB POLICIES DE3CRIBW HEIgPI IB SIiBJECT TU ALL IHE I LHMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LZIGTS SHOWN
MAY HAVE BEEN REDUCED BY PAZ) CLANS._.
TYPEYYMYUNAJP:!
POLICTNUMSER
POLK,T SAiSCT1YS T'OIJCYEJn9nATIRN
DATE IMMOONYI I DATE IMMJCOM')
LIMITS
GENERAL LIABILITY
OFNPRAI AORAPPATP
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X COMMERCLLL GENERAL UAZLJTY
ffWV *L AADV.MJURY
S
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AUTOMOSILELIABIUTY
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5
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EMPLOYERS' LIABILITY
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B
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[931CRIW141019
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DESORPTION OF OPERANIONGRACATJGNWE NICLESNPEC!" 010M
......... J 1 ,
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF NEWPORT BEACH
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL NMXIYEE G
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
ATTN.- KBD 1iB1100
3300 Newport Blvd.
LEFT'
Newport Beach, CA 92659 -8915
Akn%CRGEO REPRESENTA
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0
PROPERTY MANAGEMENT AGREEMENT
1. PARTIES
This Agreement is made by and between THE CITY OF NEWPORT BEACH, a
municipal corporation (hereinafter called "City ") and BENDETTI MANAGEMENT
GROUP (hereinafter called "Agent ").
II. EXCLUSIVE AGENCY:
In consideration of the property management services to be rendered by Agent
pursuant to this Agreement, City hereby designates Agent as the exclusive agent and
representative of City for the purposes of managing and operating the mobile home
park owned by City commonly known as Marina Mobile Home Park (hereinafter called
the "Park").
III. TERM:
The term of this Agreement is for the period beginning upon final approval by both
parties and ending March 31, 2000. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
IV. AGENT'S DUTIES:
Agent does hereby agree to use its best efforts to fully, effectively and efficiently
manage, operate, and maintain the Park in a professional and lawful manner. City and
Agent further agree that Agent's authorities, duties, and responsibilities with respect to
the park shall be as follows:
1. Trust Account: Upon the execution of this Agreement, Agent shall
establish and maintain with an institution of Agent's choice, a Trust
Account for the deposit of all monies collected from the Park. The Agent
shall have the right and authority to draw on the Trust Account for any
and all payments, which Agent makes in discharging Agent's obligations
pursuant to the terms of this agreement, including the payment of Agent's
fee as provided within the terms of this Agreement.
2. Rent Collection: Agent shall take all reasonable and necessary action to
collect rentals, charges, or other income when due from tenants of the
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0 •
Park in accordance with the terms of their tenancies and may execute all
receipts or any other documents reflecting receipt of said sums.
3. Operations and Management: Manage, operate and maintain the Park,
including, but not by way of limitation:
a) the employment, supervision and discharge, as employees or
independent contractors of Agent, of the on -site managers and of
all other personnel, professional or otherwise, in the reasonable
opinion of Agent necessary to the property management, operation
and maintenance of the Park, the actions and omissions of whom
shall not in any way be the responsibility of City.
b) the customary and ordinary maintenance and repair of the Park
and its improvements, fixtures, appurtenances and grounds,
c) the procurement and supervision of any and all services and
utilities in the reasonable opinion of Agent necessary to the proper
management, operation and maintenance of the Park, including,
but not by way of limitation, water, electricity, gas, fuel, telephone,
vermin extermination, rubbish hauling, window cleaning, janitorial
and gardening /landscaping,
d) advising City regarding any and all insurance which in the
reasonable opinion of Agent is necessary to adequately protect
City, Agent, their employees and agents and the Park or as
required by law, including, but not by way of limitation, where
appropriate and applicable, workmen's compensation insurance,
public liability insurance, fire, casualty and extended coverage
insurance, burglary and theft insurance, and
e) the prompt and timely compliance with any and all applicable
federal, state and municipal laws and ordinances and the rules,
regulations and orders of any and all federal, state and municipal
agencies having jurisdiction over the Park and the operation and
management thereof.
f) the administration and maintenance of all lease documents and
park regulations.
g) the administration, management and financing of capital
improvements to the park which may be approved by owner and
which have a total cost of $10,000 or less.
2
0
4. Operating Expenses: From gross revenues collected from the Park,
Agent shall:
a) Pay all employee salaries at rates authorized by Owner.
b) Pay all operating expenses incurred through renting, servicing,
maintaining, or repairing the Park and such additional expenses in
connection with the Park as may be authorized by Owner.
C) Deduct Agent's fee described under "Agent's Fee" below and any
other fees due to Agent under the terms of this Agreement.
It is understood and agreed by the parties hereto that all costs related to the
maintenance and operation of the Park are to be paid from City's funds. Under no
circumstances whatsoever shall Agent be required to advance or otherwise expend
Agent's own funds for the benefit of the Park.
5. Agent's Authority: City does hereby authorize and direct Agent to do
everything reasonably necessary, in the name of and at the expense of
City for the proper management of the Park, including, without limitation
thereto, periodic inspections, handling tenant requests, supervision of
maintenance, arranging for maintenance and repairs as may be
necessary for the Park, purchasing all materials and supplies,
recommending independent contractors to supply services, and
requesting such sums from City as Agent deems necessary to accomplish
the foregoing. Agent shall obtain City's approval for an expenditure in
excess of $500.00 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 necessary to prevent additional
damage and /or liability or a greater total expenditure or to maintain
services or conditions to the tenants as called for in their tenancy. Agent
shall notify City immediately whenever emergency repairs have been
ordered.
6. Employee Coaches: Agent shall control the use and occupancy of the
two coaches in the Park owned by the City and reserved for use by Park
employees.
Records:
a) Agent shall compile and maintain those records, books and
accounts as required by applicable state and federal law
pertaining to mobile home parks.
3
9
0
b) Agent shall maintain full and accurate books and records of the
accounts of the Park, which shall be open to the inspection of
Owner at the office of Agent after reasonable notice to Agent.
Agent shall render to Owner a statement on the 20th day of each
month showing all receipts and disbursements and reflecting the
financial conditions of the park for the month immediately
proceeding. Owner shall retain the right at any time without notice
to inspect and /or audit the books and records of agent relative to
the Park.
8. Payments:
On the 20th day of each month, Agent shall forward to the Owner the
balance remaining after all necessary charges have been made as
provided in the Agreement. Said monthly statement shall be deemed
accurate and correct between the parties unless Owner notifies Agent in
writing. In the event there is a deficit in the account of the Park, Agent
shall notify Owner of this deficiency, and Owner agrees to forward said
amount to Agent within seventy -two (72) hours after notice.
9. Indemnity:
Agent shall defend, indemnify and hold harmless the City and its officers,
employees, and representatives, with respect to any claim or loss arising
out of or in any way related to agent's willful misconduct, fraud,
negligence or failure to perform duties required by this agreement.
V. OWNER'S DUTIES:
Agent and City agree that City's authorities, duties and responsibilities with respect to
the Park shall be as follows:
1. Information to Agent: City agrees to promptly furnish Agent with all
documents and records to properly manage the Park, including, but not
limited to, copies of existing service contracts, copies of all insurance
policies and any required endorsements thereto which are carried by City
during the term of this Agreement.
2. Hold Harmless: Except for Agent's misconduct or negligence, City shall
indemnify and save the Agent and its officers, directors, shareholders,
employees, representatives, successors and assigns, harmless from any
and all claims, costs and expenses, attorney's fees, litigation, liabilities,
and damages arising from or connected with the Park of the performance
or exercise of any of the duties, obligations, powers, or authorities herein
4
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or hereafter granted to Agent.
3. Insurance: The City is a self insured public agency. City agrees to
consider all reasonable recommendations of Agent with respect to
insurance coverage to minimize the cost thereof and the possibility of
bodily injury, property damage, and loss of rental income.
4. Waiver of Subrogation: City hereby waives all of its rights and those of its
insurers with respect to recovery against Agent on account of loss or
damage to City's real or personal property where such loss is caused by
an insurable peril, including, but not limited to fire or any of the extended
coverage hazards and which damage arises out of or in connection with
the Park. City shall give notice to all insurance carriers, if any, that the
foregoing waiver of subrogation is contained in this Agreement.
5. Reimbursement Advances: City agrees to immediately reimburse Agent,
upon demand, to the full extent for all monies advanced by Agent for
City's accounts in carrying out the purpose of this Agreement, provided;
however, that nothing contained herein shall oblige Agent to make such
advances.
6. Governmental Order to Repair, etc.: In the event that any governmental
agency, authority, or department shall order the repair, alteration, or
removal of any structure or matter on the Park, or if after written notice of
the same to City by such body or Agent, the owner fails to authorize
Agent or others to make such repairs, alterations, or removals, Agent
shall be released from any responsibility in connection therewith, and
Owner shall be answerable to such body for any and all penalties and
fines whatsoever imposed because of such failure on City's part.
7. Agent's Fee: Owner shall pay Agent for its property management
services a monthly fee equal to five percent (5 %) of gross revenues.
Agent is hereby authorized to deduct the amount of said fee for said
services each month, plus any other fees due Agent hereunder, as the
first charge upon all gross monthly rental income.
B. Additional Services Rendered: City hereby agrees that for any services
rendered by Agent on City's behalf beyond the scope of this Agreement,
Agent shall be paid at an hourly rate of eighty dollars ($80.00) per hour.
Such additional services shall include, but not be limited to, formal rent
control procedures and representation of City before governmental
entities. All such additional services shall be approved by the City in
writing prior to the rendering of same. Services rendered for the
management and financing of capital improvements costing in excess of
$10,000 shall be subject to a separate contract.
9. Duty to Cooperate: City agrees to cooperate with Agent to facilitate
Agent's performance on its duties hereunder.
10. Power to Request: City hereby represents that it is empowered and duly
authorized to enter into this Agreement. The City Manager or his or her
designee is authorized to grant any approvals or authorizations required
of the City as part of this Agreement.
VI. MISCELLANEOUS TERMS:
Governing Law. This Agreement shall be construed in accordance with
and all disputes hereunder shall be governed by the laws of the State of
California.
2. Successor: This Agreement shall be binding upon the parties hereto,
their legal representatives, successors, and permitted assigns, provided,
however, that this Agreement may not be assigned by the Agent or City
without the prior written consent of the other party.
3. Relationship of Parties: Under no circumstances shall this Agreement be
construed as creating either a partnership or an employer /employee
relationship between the parties hereto.
4. Legal Cost: Where legal assistance is required for such matters as
enforcing any terms of the lease, the collection of rents, or eviction
proceedings, such action shall be through counsel designated by City and
shall be at City's expense. Furthermore, in the event Agent or City shall
institute legal proceedings against the other arising out of the terms of
this Agreement or the performance hereunder, the prevailing party shall
recover from the other, all attorney's fees, costs, and expenses incurred in
any such action.
5. Agent shall provide City with a bond or similar agreement of a third
party to indemnify the City for any loss due to theft, embezzlement,
default by agent or its employees, officials or representatives. The
bond shall be in the sum of $100,000 per occurrence. The form and
content of the bond shall be approved by the City Attorney and the
City Manager.
6. Notices: Any notice required under the terms herein shall be deemed
given upon the placing of it in the United States Mail, postage prepaid,
return receipt requested, and addressed to the address designated below.
6
Said address may be changed by either party by mailing written notice to
the other party at the last designated address of the other party as
provided herein.
7. Waiver: No failure by City or Agent to insist upon the strict performance
of any covenant, agreement, term or condition of this Agreement shall
constitute a waiver of any such breach or subsequent breach.
8. Entire Agreement: This Agreement sets forth the entire agreement
between the parties hereto, and fully supersedes any and all prior
agreements or understandings between the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first written above.
CITY:
CITY OF NEWPORT BEACH
Date:
By: /
e i . Murp y, 'y Manager
3300 Newport Blvd.
Newport Beach, CA 92663
APPROVED AS TO FORM:
7
AGENT:
BENDETTI MANAGEMENT GROUP
Date:
By:
Ro . Bendetti, Principal
117 Main Street, Suite 100
Irvine, CA 92614
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX )768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: June 30, 1994
SUBJECT: Contract No. C -2983
Description of Contract Property Management for Marina Mobile
Home Park
Effective date of Contract May 16, 1994
Authorized by Minute Action, approved on May 9 1994
Contract with Bendetti Management Group --
Address 1176 Main Street Suite 100
Irvine, CA 92714
Amount of Contract (See Agreement)
"We14'4-' s
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
0
j
AGENDA ITEM NO. 17
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
MAY 9, 1994
APPROVED
TO:
MAYOR AND
CITY
COUNCIL
FROM:
ASSISTANT
CITY
MANAGER
SUBJECT
• ACTION:
•
MARINA MOBILE HOME PARK C - Z yf3
If desired, approve contract for management services with the
Bendetti Group.
SUMMARY: The proposed contract includes:
• A 3 year term with 30 day termination without cause.
• Maintenance of a trust account for the collection of rents and accounting of
expenditures.
• Approval by City of all expenditures above $500 including all employee
salaries.
• An agent's fee of 4% of gross revenues or approximately $2,000 per month.
• Transfer of all day -to -day management to Bendetti.
• All insurance, liability and similar provisions reviewed and approved by the City
Attorney.
0i)
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Page 2
BACKGROUND: For many years the Park was managed by contract employees
with little legal or administrative background. Because of new statutes and case law,
the City Attorney cautioned that professional management was required to decrease
the City's liability exposure. With the retirement of the long time manager in July 1993,
a search for a management firm resulted in the hiring of the Bendetti Group which has
been retained on an interim basis for the past eight months. They have performed
satisfactorily, and this contract is an extension of the current one which the Council
approved in January, 1994.
The Bendetti Group was first selected from a list of seven such firms based on their
local presence, their expertise and their competitive rates. The Bendettis are Newport
residents and own or manage several parks in the immediate area. The principals are
well versed in mobile home law and the contract manager is a former council member
from a nearby city.
Their rates are very competitive considering the small size of Marina Park. Many
companies are not interested in the smaller parks or, if they are, charge fees as high
as 6 %. Larger parks requiring little attention command the lowest fees of 3 %.
Considering the small size of Marina Park and the degree of attention required, the 4%
fee is very competitive.
DISCUSSION: The residents of Marina Park are comfortable with the Bendetti
Group which has successfully dealt with all Park issues during the past eight months.
The residents have been informed about this contract and have voiced no objections.
The proposed contract is nearly identical to the existing contract except for the
collection of rent and the making of expenditures. This will relieve the City of many
administrative burdens while retaining all safeguards. Legal records, notices,
registrations and other administrative tasks will be the responsibility of Bendetti who
will keep abreast of new statutes and case law. All accounting will be done by
Bendetti with oversight by the City.
Costs will not increase despite the management fee. The total M & O budget will
remain at last year's level of $80,000. This occurs partly because Bendetti increased
the responsibilities of the on site employees to eliminate the need for gardeners and
other tradesmen.
RECOMMENDATION: The proposed contract is a cost efficient use of a proven
contractor to perform the specialized services needed to manage the Park and keep
the City current with new statutes and case law. The City Council Income Property
Committee met on April 22, 1994 and recommended that this contract be approved.
.�7 -^--�
"Kenneth lino
0
•
•
C - a143
PROPERTY MANAGEMENT AGREEMENT
I. PARTIES
This Agreement is made this /% day of � 1994, by and
between THE CITY OF NEWPORT BEACH, a municipal corpor tion (hereinafter called
"City ") and BENDETTI MANAGEMENT GROUP (hereinafter called "Agent ").
II. EXCLUSIVE AGENCY:
In consideration of the property management services to be rendered by Agent pursuant
to this Agreement, City hereby designates Agent as the exclusive agent and
representative of City for the purposes of managing and operating the mobile home park
owned by City commonly known as Marina Mobile Home Park (hereinafter called the
"Park ").
III. TERM:
The term of this Agreement is for the period beginning July 1, 1994 and ending June 30,
1997. Either party may terminate this Agreement without cause upon thirty (30) days
written notice.
IV. AGENT'S DUTIES:
Agent does hereby agree to use its best efforts to fully, effectively and efficiently
manage, operate, and maintain the Park in a professional and lawful manner. City and
Agent further agree that Agent's authorities, duties, and responsibilities with respect to
the park shall be as follows:
Trust Account: Upon the execution of this Agreement, Agent shall
establish and maintain with an institution of Agent's choice, a Trust
Account for the deposit of all monies collected from the Park. The Agent
shall have the right and authority to draw on the Trust Account for any and
all payments, which Agent makes in discharging Agent's obligations
pursuant to the terms of this agreement, including the payment of Agent's
fee as provided within the terms of this Agreement.
2. Rent Collection: Agent shall take all reasonable and necessary action to
collect rentals, charges, or other income when due from tenants of the
Park in accordance with the terms of their tenancies and may execute all
receipts or any other documents reflecting receipt of said sums.
0
•
3. Operations and Management: Manage, operate and maintain the Park,
including, but not by way of limitation:
a) the employment, supervision and discharge, as employees or
independent contractors of Agent, of all personnel, professional
or otherwise, in the reasonable opinion of Agent necessary to the
property management, operation and maintenance of the Park, the
actions and omissions of whom shall not in any way be the
responsibility of City.
b) the customary and ordinary maintenance and repair of the Park and
its improvements, fixtures, appurtenances and grounds,
c) the procurement and supervision of any and all services and utilities
in the reasonable opinion of Agent necessary to the proper
management, operation and maintenance of the Park, including,
but not by way of limitation, water, electricity, gas, fuel, telephone,
vermin extermination, rubbish hauling, window cleaning, janitorial
and gardening /landscaping,
d) advising City regarding any and all insurance which in the
reasonable opinion of Agent is necessary to adequately protect
City, Agent, their employees and agents and the Park or as
required by law, including, but not by way of limitation, where
appropriate and applicable, workmen's compensation insurance,
public liability insurance, fire, casualty and extended coverage
insurance, burglary and theft insurance, and
e) the prompt and timely compliance with any and all applicable
federal, state and municipal laws and ordinances and the rules,
regulations and orders of any and all federal, state and municipal
agencies having jurisdiction over the Park and the operation and
management thereof.
f) the administration and maintenance of all lease documents and
park regulations.
g) the administration, management and financing of capital
improvements to the park which may be approved by owner and
which have a total cost of $10,000 or less.
4. Operating Expenses: nses: From gross revenues collected from the Park, Agent
shall:
a) Pay all employee salaries at rates authorized by Owner.
b) Pay all operating expenses incurred through renting, servicing,
maintaining, or repairing the Park and such additional expenses in
connection with the Park as may be authorized by Owner.
c) Deduct Agent's fee described under "Agent's Fee" below and any
other fees due to Agent under the terms of this Agreement.
It is understood and agreed by the parties hereto that all costs related to the
maintenance and operation of the Park are to be paid from City's funds. Under no
circumstances whatsoever shall Agent be required to advance or otherwise expend
Agent's own funds for the benefit of the Park.
5. Agent's Authority: City does hereby authorize and direct Agent to do
everything reasonably necessary, in the name of and at the expense of
City for the proper management of the Park, including, without limitation
thereto, periodic inspections, handling tenant requests, supervision of
maintenance, arranging for maintenance and repairs as may be necessary
for the Park, purchasing all materials and supplies, recommending
independent contractors to supply services, and requesting such sums
from City as Agent deems necessary to accomplish the foregoing. Agent
shall obtain City's approval for an expenditure in excess of $500.00 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 necessary to prevent additional damage and/or
liability or a greater total expenditure or to maintain services or conditions
to the tenants as called for in their tenancy. Agent shall notify City
immediately whenever emergency repairs have been ordered.
6. Employee Coaches: Agent shall control the use and occupancy of the two
coaches in the Park owned by the City and reserved for use by Park
employees.
liqIIIIIIIIIIIIIIIIIIIIII-0-T =#§
a) Agent shall compile and maintain those records, books and
accounts as required by applicable state and federal law
pertaining to mobile home parks.
b) Agent shall maintain full and accurate books and records of the
accounts of the Park, which shall be open to the inspection of
Owner at the office of Agent after reasonable notice to Agent.
Agent shall render to Owner a statement on the 20th day of each
month showing all receipts and disbursements and reflecting the
financial conditions of the park for the month immediately
proceeding. Owner shall retain the right at any time without notice
to inspect and/or audit the books and records of agent relative to
the Park.
On the 20th day of each month, Agent shall forward to the Owner
the balance remaining after all necessary charges have been made
as provided in the Agreement. Owner hereby authorizes Agent to
retain a minimum balance in the amount of $10,000 (ten thousand
dollars) in the account for emergencies and operating expenses.
Said monthly statement shall be deemed accurate and correct
between the parties unless Owner notifies Agent in writing. In the
event there is a deficit in the account of the Park, Agent shall notify
Owner of this deficiency, and Owner agrees to forward said amount
to Agent within seventy -two (72) hours after notice.
9. Indemnity:
Agent shall defend, indemnify and hold harmless the City and its
officers, employees, and representatives, with respect to any claim
or loss arising out of or in any way related to agent's willful
misconduct, fraud, negligence or failure to perform duties required
by this agreement.
V. OWNER'S DUTIES:
Agent and City agree that City's authorities, duties and responsibilities with respect to
the Park shall be as follows:
Information to Agent: City agrees to promptly furnish Agent with all
documents and records to properly manage the Park, including, but not
limited to, copies of existing service contracts, copies of all insurance
policies and any required endorsements thereto which are carried by City
during the term of this Agreement.
2. Hold Harmless: Except for Agent's misconduct or negligence, City shall
indemnify and save the Agent and its officers, directors, shareholders,
employees, representatives, successors and assigns, harmless from any
and all claims, costs and expenses, attorney's fees, litigation, liabilities,
and damages arising from or connected with the Park of the performance
or exercise of any of the duties, obligations, powers, or authorities herein
or hereafter granted to Agent.
3. Insurance: The City is a self insured public agency. City agrees to
consider all reasonable recommendations of Agent with respect to
insurance coverage to minimize the cost thereof and the possibility of
bodily injury, property damage, and loss of rental income.
4. Waiver of Subrogation: City hereby waives all of its rights and those of its
insurers with respect to recovery against Agent on account of loss or
damage to City's real or personal property where such loss is caused by
an insurable peril, including, but not limited to fire or any of the extended
coverage hazards and which damage arises out of or in connection with
the Park. City shall give notice to all insurance carriers, if any, that the
foregoing waiver of subrogation is contained in this Agreement.
5. Reimbursement Advances: City agrees to immediately reimburse Agent,
upon demand, to the full extent for all monies advanced by Agent for
City's accounts in carrying out the purpose of this Agreement, provided;
however, that nothing contained herein shall oblige Agent to make such
advances.
6. Governmental Order to Repair. etc.: In the event that any governmental
agency, authority, or department shall order the repair, alteration, or
removal of any structure or matter on the Park, or if after written notice of
the same to City by such body or Agent, the owner fails to authorize Agent
or others to make such repairs, alterations, or removals, Agent shall be
released from any responsibility in connection therewith, and Owner shall
be answerable to such body for any and all penalties and fines whatsoever
imposed because of such failure on City's part.
7. Agent's Fee: Owner shall pay Agent for its property management services
a monthly fee equal to four percent (4 %) of gross revenues. Agent is
hereby authorized to deduct the amount of said fee for said services each
month, plus any other fees due Agent hereunder, as the first charge upon
all gross monthly rental income.
5
8. Additional Services Rendered: City hereby agrees that for any services
rendered by Agent on City's behalf beyond the scope of this Agreement,
Agent shall be paid at an hourly rate of eighty dollars ($80.00) per hour.
Such additional services shall include, but not be limited to, formal rent
control procedures and representation of City before governmental
entities. All such additional services shall be approved by the City in
writing prior to the rendering of same.
Services rendered for the management and financing of capital
improvements costing in excess of $10,000 shall be subject to a
separate contract.
9. Duty to Cooperate: City agrees to cooperate with Agent to facilitate
Agent's performance on its duties hereunder.
10. Power to Reguest: City hereby represents that it is empowered and duly
authorized to enter into this Agreement. The City Manager or his or her
designee is authorized to grant any approvals or authorizations required
of the City as part of this Agreement.
VI. MISCELLANEOUS TERMS:
Governing Law: This Agreement shall be construed in accordance with
and all disputes hereunder shall be governed by the laws of the State of
California.
2. Successor: This Agreement shall be binding upon the parties hereto, their
legal representatives, successors, and permitted assigns, provided,
however, that this Agreement may not be assigned by the Agent or City
without the prior written consent of the other party.
3. Relationship of Parties: Under no circumstances shall this Agreement be
construed as creating either a partnership or an employer /employee
relationship between the parties hereto.
4. Legal Cost: Where legal assistance is required for such matters as
enforcing any terms of the lease, the collection of rents, or eviction
proceedings, such action shall be through counsel designated by City and
shall be at City's expense. Furthermore, in the event Agent or City shall
institute legal proceedings against the other arising out of the terms of this
Agreement or the performance hereunder, the prevailing party shall
recover from the other, all attorney's fees, costs, and expenses incurred it
any such action.
0
0 0
5. Agent shall provide City with a bond or similar agreement of a third
party to Indemnify the City for any loss due to theft, embezzlement,
default by agent or Its employees, officials or representatives. The
bond shall be In the sum of $100,000 per occurrence. The form and
content of the bond shall be approved by the City Attorney and the
City Manager.
6. Notices: Any notice required under the terms herein shall be deemed
given upon the placing of it in the United States Mail, postage prepaid,
return receipt requested, and addressed to the address designated below.
Said address may be changed by either party by mailing written notice to
the other party at the last designated address of the other party as
provided herein.
7. Waiver: No failure by City or Agent to insist upon the strict performance of
any covenant, agreement, term or condition of this Agreement shall
constitute a waiver of any such breach or subsequent breach.
8. Entire Agreement: This Agreement sets forth the entire agreement
between the parties hereto, and fully supersedes any and all prior
agreements or understandings between the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first written above.
CITY:
CITY OF NEWPORT BEACH
Date:
By:
KeVirfJ. Mu hy,4My Manager
3300 Newport Blvd.
Newport Beach, CA 92663
AS TO FORM:
Attorney
AGENT:
BENDETTI MANAGEMENT GROUP
Date:
By:
Robert D. Bendetti, Principal
1176 Main Street, Suite 100
Irvine, CA 92714
THE DENDETTI CO
BENDE ffI
MANAGP_MFNT
GIZO JP
TO:
FROM:
DATE:
SUBJECT:
ID :7142616660
46
KEN DELlNO
BILL MECHAM
September 21, 1994
PARK LANDSCAPING
SEP 21'94 14 :53 No.011 P.01
For the past few months the landscaping has been taken care of by the
manager and the assistant manager. The residents had feelings of animosity
about the landscaping prior to our involvement in the park because of the cut
back from twice -a -week to once -a -week service. For a good amount of time
we had few if any complaints. However, in the last few months we have
begun to hear more and more dissatisfaction with the quality of work. As
you have observed, the park does not look as good as it has in the past.
"1i i 1" It is my recommendation that we revert to a professional landscaping
11(wi. service. I have bids for this service of $675.00 per month and $700.00 per
1'''I`" month. This decision will allow me to restructure the assistant manager's
MAN %6% nI1 !':1
position and reduce our salary costs by about $300 to $350 per month. The
additional cost to the park will be approximately $350.00 per month. The
manager will still be performing some ongoing landscaping work as well as
concentrating on the repairs and maintenance work.
I would like to have this in place as soon as possible.
APPROVED: ad l f y �'li�l�
City of Ne rt Beach
t"ban
wur I
m n. 3 0
IKVIKIi
(:A 91714
724/261-61 1)
714!261 -6660 fax
BEN�)ETTI
MANAGENIENT
GpouP
714261 -6111
714/201 (10(101 ��
• 0
August 3, 1994
Ken Dehno
Assistant City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Ken,
Pursuant to our conversation of last week I wish to propose the following
accounting procedure for Marinapark:
1. On the 20th of each month we will forward to the City a checkwhich
will represent an educated estimate of the revenue which will be due
the City after all bills and invoices have been paid.
2. On the 10th of the following month you will receive a detailed
statement of the financial transactions of the previous month. If there
is additional revenue which is due the City a second check will be
issued and will accompany the statements.
3. We have retained, as previously agreed, $10,000.00 from the July
revenue. We will replenish that amount as needed on a periodic
basis.
A check for $38,000.00 accompanies this letter. This is the July revenue.
On August 10 the final accounting data will be presented. Please notify me
if this process fails to meet your needs.
Sincerely, % ^
BILL MECHAM
EMPLOYMENT AGREEMENT
Marina Park through it's Agent Bendetti Management Group (hereinafter
referred to as "Employer" and Douglas A.E. Wylie and Valerie Wylie
(hereinafter referred to as "Employee ") in consideration of the mutual promises
made herein, agree as follows:
1. PROBATION PERIOD AND TERMS OF EMPLOYMENT:
Employee is on a ninety (90) day probation period to commence upon the date
of this Agreement. During this probation period Employer shall provide
Employee assistance and on-the-job education in relation to the basic duties of
the position of mobilehome park manager. At the end of said ninety (90) day
trial period Employer shall provide Employee with an evaluation of
performance. However, Employee recognizes and agrees that employment
hereunder (including but not limited to the "probation period ") is on an "at
will" basis and employment can be terminated by either party.
2. GRANT OF LICENSE: Employer hereby grants Employee a
revocable, non - possessory license and right (the "License ") to use and occupy
the following described premises ( "Premises "): The mobilehome located in
Marina Park at 1770 West Balboa Boulevard, Space "Manager B" Newport
Beach, California and all contents subject to the terms and conditions herein
contained. Said occupancy and possession may be terminated by Employer at
any time and any rights of occupancy or possession shall automatically
terminate upon termination of the employment relationship, it being understood
and agreed between the parties that lodging and the utilities (gas, water, sewer,
electricity) which service that lodging are being furnished as a condition of
employment.
3. TERM OF LICENSE: The License shall commence immediately
upon execution of this Agreement by both Employer and Employee. The
License shall terminate immediately when Employee employment by Employer
ends, for any reason, or when Employer notifies Employee that the License has
been revoked for any reasons, whichever shall first occur.
4. USE OF PREMISES: The Premises shall be occupied by no more than
two adults and two children. Employee may not keep any dog, cat or any other
pet in or about the Premises, without the prior written consent of Employer,
which consent may be withheld for any reason. Employee hereby
acknowledges and agrees that the License herein granted shall at all times be
subject to the Park Rules and Regulations as they may now exist or as they
may be amended or modified from time to time by Employer. Employer shall
retain the control of the right of action to the Premises at all times during the
term of the License.
5. RELATIONSHIP: Employer and Employee agree that it is their
intention to create hereby the relationship of licensor - licensee, and not to
create the relationship of landlord- tenant. Employee hereby acknowledges that
Employee has not acquired a tenancy interest in the Premises, nor any rights
under the landlord -tenant laws of the State of California.
6. NO ASSIGNMENTS: Employee understands and agrees that the
License herein granted is personal to Employee only and that it cannot be
assigned, transferred or conveyed by Employee. Any attempt by Employee to
assign, transfer or convey the license shall be null and void and shall, at
Employer's option, operate to terminate the License immediately.
7. EFFECT OF TERMINATION: Employee agrees that within five (5)
days after termination of the License, for any reason, Employee and all other
occupants will vacate the Premises and return the Premises keys to Employer
or its Agent.
8. COMPENSATION: Employer and Employee agree that the
lodging and utilities being finished by Employer to Employee constitute part
of the compensation of Employee to be credited towards the wages of the
Employee in accordance with the agreement between Employer and Employee.
In addition, Employee is to receive a monthly salary of One Thousand Three
Hundred Dollars ($1300.00) total compensation which will be divided equally
between Douglas A. E. Wylie and Valerie Wylie. The regular pay periods are
on the First and Fifteenth of each month. In the event Employee is terminated,
Employee understands and agrees that he will not receive his final paycheck
from Employer unless and until he has vacated the Premises and returned the
Premises keys to Employer or its Agent, and returned all furniture, appliances
and furnishings. Furnishings must be returned in the same condition as when
Employee was provided the Premises. Any missing furnishing, furniture,
and/or appliances shall be repaired and/or replaced by Employee. In the event
that the amount of the final paycheck of the Employee is insufficient to comer
said replacement and/or repair, then Employee shall immediately reimburse
Employer for said amount.
9. INDEMNITY: Employee hereby agrees to defend, indemnify and
hold Employer, its agents, servants and employees harmless from and against
any and all claims, liabilities, obligations, judgments, penalties, costs and
expenses arising out of or related to any and all loss or damages to any and all
property of for injury (including death) to any person arising from or related in
any way to the License and/or the use of the Premises by Employee, his guests,
relatives or invitees.
10. ATTORNEYS' FEES AND COSTS: If any action at law or in equity
is necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees, costs and any other
necessary disbursement.
AGREED AND SIGNED THIS !U 4 DAY OF AUGUST, 1993
EMPLOYEE
�U
'S AUTHORIZED AGENT
3
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR 2
FROM: CITY CLERK
DATE: February 1, 1994
SUBJECT: Contract No. C -2983
Description of Contract Marina Park Panagement
Effective date of Contract January 9, 1994
Authorized by Minute Action, approved on January 10 1994
Contract with Bendetti Management Group
Address 1176 Main Street, Suite 100
Irvine, CA 92714
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
V
•
•
ACTION: If desired, approve and authorize City Manager to
execute contract with the Bendetti Group.
BACKGROUND: The retirement of the long -time manager last year initiated a
complete review of the management and administration of the Park. In recent years
much new legislation and case law vastly complicated mobile home park
management, and both the City Attorney and outside counsel specializing in such law
have strongly recommended professional management. The Bendetti Group was
retained on two separate three month contracts on a trial basis. The proposed contract
would retain them through the fiscal year.
DISCUSSION: The Bendetti Group has performed exceptionally well in the past
six months by maintaining good tenant relations, training and supervising a novice
manager, greatly reducing landscaping costs and greatly improving the appearance
and maintenance of the Park. Their cost of $3300 per month has been very
competitive, and the higher fee of $3900 per month reflects their hiring of the
maintenance man ($500 per month) rather than the City and some unforeseen
charges for Workers' Compensation Insurance.
RECOMMENDATION: Continuation of this contract through the fiscal year will
allow planning for a longer term contract to coincide with lease negotiations and the
budget process.
Kenneth J. Debi o
KJD:mb
P-0
City Council Agenda
Item No. a
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
JAN I 0 °=
JANUARY 10, 1994 i
I
`APFffWEff___
TO:
MAYOR
AND CITY COUNCIL
FROM:
DEPUTY
CITY MANAGER
SUBJECT:
MARINA
PARK MANAGEMENT CONTRACT
•
•
ACTION: If desired, approve and authorize City Manager to
execute contract with the Bendetti Group.
BACKGROUND: The retirement of the long -time manager last year initiated a
complete review of the management and administration of the Park. In recent years
much new legislation and case law vastly complicated mobile home park
management, and both the City Attorney and outside counsel specializing in such law
have strongly recommended professional management. The Bendetti Group was
retained on two separate three month contracts on a trial basis. The proposed contract
would retain them through the fiscal year.
DISCUSSION: The Bendetti Group has performed exceptionally well in the past
six months by maintaining good tenant relations, training and supervising a novice
manager, greatly reducing landscaping costs and greatly improving the appearance
and maintenance of the Park. Their cost of $3300 per month has been very
competitive, and the higher fee of $3900 per month reflects their hiring of the
maintenance man ($500 per month) rather than the City and some unforeseen
charges for Workers' Compensation Insurance.
RECOMMENDATION: Continuation of this contract through the fiscal year will
allow planning for a longer term contract to coincide with lease negotiations and the
budget process.
Kenneth J. Debi o
KJD:mb
P-0
0 0
PROPERTY MANAGEMENT AGREEMENT
•
I. PARTIES
This Agreement is made this day of 1993, by and between THE
CITY OF NEWPORT BEACH, a municipal corporation (hereinafter called "City ") and
BENDETTI MANAGEMENT GROUP (hereinafter called "Agent ").
II. EXCLUSIVE AGENCY:
In consideration of the property management services to be rendered by Agent pursuant
to this Agreement, City hereby designates Agent as the exclusive agent and
representative of City for the purposes of managing and operating the mobile home park
owned by City commonly known as Marina Mobile Home Park (hereinafter called the
"Park ").
III. TERM: •
The term of this Agreement is for the period beginning January 8, 1994 and ending June
30, 1994. Either party may terminate this Agreement without cause upon thirty (30)
days written notice.
IV. AGENT'S DUTIES:
Agent does hereby agree to use its best efforts to fully, effectively and efficiently
manager, operate, and maintain the Park in a professional and lawful manner. City and
Agent further agree that Agent's authorities, duties, and responsibilities with respect to
the park shall be as follows:
1. Operations and Management: Manage, operate and maintain the Park,
including, but not by way of limitation:
a) the employment, supervision and discharge, as employees or
independent contractors of Agent, of all personnel, professional
or otherwise, in the reasonable opinion of Agent necessary to the •
property management, operation and maintenance of the Park, the
actions and omissions of whom shall not in any way be the
responsibility of City's.
b) the customary and ordinary maintenance and repair of the Park and
its improvements, fixtures, appurtenances and grounds,
• •
Property Management Agreement
• Page 2
c) the supervision of any and all services and utilities in the
reasonable opinion of Agent necessary to the proper management,
operation and maintenance of the Park, including, but not by way
of limitation, water, electricity, gas, fuel, telephone, vermin
extermination, rubbish hauling, window cleaning, janitorial and
garde ni ng /landscapi ng,
d) advising City regarding any and all insurance which in the
reasonable opinion of Agent is necessary to adequately protect
City, Agent, their employees and agents and the Park or as
required by law, including, but not by way of limitation, where
appropriate and applicable, workmen's compensation insurance,
public liability insurance, fire, casualty and extended coverage
insurance, burglary and theft insurance, and
e) advising City regarding any and all applicable federal, state and
• municipal laws and ordinances and the rules, regulations and
orders of any and all federal, state and municipal agencies having
jurisdiction over the Park and the operation and management
thereof.
2. Operating Expenses: Agent shall pay all employee costs and City shall,
upon the advisement of Agent, pay all operating expenses.
It is understood and agreed by the parties hereto that all costs related to the
maintenance and operation of the Park are to be paid from City's funds. Under no
circumstances whatsoever shall Agent be required to advance or otherwise expend
Agent's own funds for the benefit of the Park.
3. Agent's Authority: City does hereby authorize and direct Agent to do
everything reasonably necessary, in the name of and at the expense of
City for the proper management of the Park, including, without limitation
thereto, periodic inspections, handling tenant requests, supervision of
maintenance, arranging for maintenance and repairs as may be necessary
for the Park, purchasing all materials and supplies, recommending
• independent contractors to supply services, and requesting such sums
from City as Agent deems necessary to accomplish the foregoing. Agent
shall obtain City's approval for an expenditure in excess of $250.00 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 necessary to prevent additional damage and/or
liability or a greater total expenditure or to maintain services or conditions
to the tenants as called for in their tenancy.
0 0
Property Management Agreement
Page 3
4. Employee Coaches: Agent shall control the use and occupancy of the two
coaches in the Park owned by the City and reserved for use by Park
employees.
5. Records: Agent to compile those records, books and accounts as required
by applicable state and federal law pertaining to mobile home parks.
V. OWNER'S DUTIES:
Agent and City agree that City's authorities, duties and responsibilities with respect to
the Park shall be as follows:
information to Agent: City agrees to promptly furnish Agent with all
documents and records to properly manage the Park, including, but not
limited to, copies of existing service contracts, copies of all insurance
policies and any required endorsements thereto which are carried by City
during the term of this Agreement.
2. Hold Harmless: Except for Agent's misconduct or negligence, City shall
indemnity and save the Agent and its officers, directors, shareholders,
employees, representatives, successors and assigns, harmless from any
and all claims, costs and expenses, attorney's fees, litigation, liabilities,
and damages arising from or connected with the Park of the performance
or exercise of any of the duties, obligations, powers, or authorities herein
or hereafter granted to Agent.
3. Insurance: The City is a self insured public agency. City agrees to
consider all reasonable recommendations of Agent with respect to
insurance coverage to minimize the cost thereof and the possibility of
bodily injury, property damage, and loss of rental income.
4. Waiver of Subrogation: City hereby waives all of its rights and those of its
insurers with respect to recovery against Agent on account of loss or
damage to City's real or personal property where such loss is caused by
an insurable peril, including, but not limited to fire or any of the extended
coverage hazards and which damage arises out of or in connection with
the Park. City shall give notice to all insurance carriers, if any, that the
foregoing waiver of subrogation is contained in this Agreement.
5. Reimbursement Advances: City agrees to immediately reimburse Agent,
upon demand, to the full extent for all monies advanced by Agent for
City's accounts in carrying out the purpose of this Agreement, provided;
however, that nothing contained herein shall oblige Agent to make such
advances.
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Property Management Agreement
Page 4
El
8, Governmental Order to Repair. etc.: In the event that any governmental
agency, authority, or department shall order the repair, alteration, or
removal of any structure or matter on the Park, or if after written notice of
the same to City by such body or Agent, the owner fails to authorize Agent
or others to make such repairs, alterations, or removals, Agent shall be
released from any responsibility in connection therewith, and Owner shall
be answerable to such body for any and all penalties and fines whatsoever
imposed because of such failure on City's part.
7. Agent's Fee: City shall pay Agent for its property management services
Three thousand nine hundred dollars ($3900) per month in advance.
8. Additional Services Rendered: City hereby agrees that for any services
rendered by Agent on City's behalf beyond the scope of this Agreement,
Agent shall be paid at an hourly rate of ninety dollars ($90.00) per hour.
Such additional services shall include, but not be limited to, formal rent
control procedures, representation of City before governmental entities
and services rendered for the finance and /or the sale of subject Park.
Agent shall notify City of any such services prior to the rendering of same.
9. Duty to Coo ep rate: City agrees to cooperate with Agent to facilitate
Agent's performance on its duties hereunder.
10. Power to Request: City hereby represents that he /she is empowered and
duly authorized by all partners of the Park to enter into this Agreement.
VI. MISCELLANEOUS TERMS:
1. Governing Law: This Agreement shall be construed in accordance with
and all disputes hereunder shall be governed by the laws of the State of
California.
2. Successor: This Agreement shall be binding upon the parties hereto, their
legal representatives, successors, and permitted assigns, provided,
however, that this Agreement may not be assigned by the Agent or City
without the prior written consent of the other party.
3. Relationship of Parties: Under no circumstances shall this Agreement be
construed as creating either a partnership or an employer /employee
relationship between the parties hereto.
• •
Property Management Agreement
Page 5
4. Legal Cost: Where legal assistance is required for such matters as
enforcing any terms of the lease, the collection of rents, or eviction
proceedings, such action shall be through counsel designated by City and
shall be at City's expense. Furthermore, in the event Agent or City shall
institute legal proceedings against the other arising out of the terms of this
Agreement or the performance hereunder, the prevailing party shall
recover from the other, all attorney's fees, costs, and expenses incurred in
any such action.
5. Notices: Any notice required under the terms herein shall be deemed
given upon the placing of it in the United States Mail, postage prepaid,
return receipt requested, and addressed to the address designated below.
Said address may be changed by either party by mailing written notice to
the other party at the last designated address of the other party as
provided herein.
6. Waive : No failure by City or Agent to insist upon the strict performance of
any covenant, agreement, term or condition of this Agreement shall
constitute a waiver of any such breach or subsequent breach.
7. Entire reement: This Agreement sets forth the entire agreement
between the parties hereto, and fully supersedes any and all prior
agreements or understandings between the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first written above.
CITY:
CITY OF NEWPORT BEACH
Date:
By:
Kevin J. Murphy, City Manager
3300 Newport Blvd.
Newport Beach, CA 92663
APPROVED AS TO FORM:
City Attorney
AGENT:
BENDETTI MANAGEMENT GROUP
Date:
By:
Robert D. Bendetti, Principal
1176 Main Street, Suite 100
Irvine, CA 92714
•
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PROPERTY MANAGEMENT AGREEMENT
1. PARTIES
This Agreement is made this 9th day of January 1994, by and between THE
CITY OF NEWPORT BEACH, a municipal corporation (hereinafter called "City ") and
BENDETTI MANAGEMENT GROUP (hereinafter called "Agent ").
II. EXCLUSIVE AGENCY:
In consideration of the property management services to be rendered by Agent pursuant
to this Agreement, City hereby designates Agent as the exclusive agent and
representative of City for the purposes of managing and operating the mobile home park
owned by City commonly known as Marina Mobile Home Park (hereinafter called the
"Park ").
III. TERM:
The term of this Agreement is for the period beginning January 8, 1994 and ending June
30, 1994. Either party may terminate this Agreement without cause upon thirty (30)
days written notice.
IV. AGENT'S DUTIES:
Agent does hereby agree to use its best efforts to fully, effectively and efficiently
manager, operate, and maintain the Park in a professional and lawful manner. City and
Agent further agree that Agent's authorities, duties, and responsibilities with respect to
the park shall be as follows:
Operations and Management: Manage, operate and maintain the Park,
including, but not by way of limitation:
a) the employment, supervision and discharge, as employees or
independent contractors of Agent, of all personnel, professional
or otherwise, in the reasonable opinion of Agent necessary to the
property management, operation and maintenance of the Park, the
actions and omissions of whom shall not in any way be the
responsibility of City's.
b) the customary and ordinary maintenance and repair of the Park and
its improvements, fixtures, appurtenances and grounds,
Property Management Agreement
Page 2
c) the supervision of any and all services and utilities in the
reasonable opinion of Agent necessary to the proper management,
operation and maintenance of the Park, including, but not by way
of limitation, water, electricity, gas, fuel, telephone, vermin
extermination, rubbish hauling, window cleaning, janitorial and
gardening/landscaping,
d) advising City regarding any and all insurance which in the
reasonable opinion of Agent is necessary to adequately protect
City, Agent, their employees and agents and the Park or as
required by law, including, but not by way of limitation, where
appropriate and applicable, workmen's compensation insurance,
public liability insurance, fire, casualty and extended coverage
insurance, burglary and theft insurance, and
e) advising City regarding any and all applicable federal, state and
municipal laws and ordinances and the rules, regulations and
orders of any and all federal, state and municipal agencies having
jurisdiction over the Park and the operation and management
thereof.
2. Operating Expenses: Agent shall pay all employee costs and City shall,
upon the advisement of Agent, pay all operating expenses.
It is understood and agreed by the parties hereto that all costs related to the
maintenance and operation of the Park are to be paid from City's funds. Under no
circumstances whatsoever shall Agent be required to advance or otherwise expend
Agent's own funds for the benefit of the Park.
3. Agent's Authority: City does hereby authorize and direct Agent to do
everything reasonably necessary, in the name of and at the expense of
City for the proper management of the Park, including, without limitation
thereto, periodic inspections, handling tenant requests, supervision of
maintenance, arranging for maintenance and repairs as may be necessary
for the Park, purchasing all materials and supplies, recommending
independent contractors to supply services, and requesting such sums
from City as Agent deems necessary to accomplish the foregoing. Agent
shall obtain City's approval for an expenditure in excess of $250.00 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 necessary to prevent additional damage and /or
liability or a greater total expenditure or to maintain services or conditions
to the tenants as called for in their tenancy.
Property Management Agreement
Page 3
4. Employee Coaches: Agent shall control the use and occupancy of the two
coaches in the Park owned by the City and reserved for use by Park
employees.
5. Records: Agent to compile those records, books and accounts as required
by applicable state and federal law pertaining to mobile home parks.
V. OWNER'S DUTIES:
Agent and City agree that City's authorities, duties and responsibilities with respect to
the Park shall be as follows:
Information to Agent: City agrees to promptly furnish Agent with all
documents and records to properly manage the Park, including, but not
limited to, copies of existing service contracts, copies of all insurance
policies and any required endorsements thereto which are carried by City
during the term of this Agreement.
2. Hold Harmless: Except for Agent's misconduct or negligence, City shall
indemnify and save the Agent and its officers, directors, shareholders,
employees, representatives, successors and assigns, harmless from any
and all claims, costs and expenses, attorney's fees, litigation, liabilities,
and damages arising from or connected with the Park of the performance
or exercise of any of the duties, obligations, powers, or authorities herein
or hereafter granted to Agent.
Insurance: The City is a self insured public agency. City agrees to
consider all reasonable recommendations of Agent with respect to
insurance coverage to minimize the cost thereof and the possibility of
bodily injury, property damage, and loss of rental income.
4. Waiver of Subrogation: City hereby waives all of its rights and those of its
insurers with respect to recovery against Agent on account of loss or
damage to City's real or personal property where such loss is caused by
an insurable peril, including, but not limited to fire or any of the extended
coverage hazards and which damage arises out of or in connection with
the Park. City shall give notice to all insurance carriers, if any, that the
foregoing waiver of subrogation is contained in this Agreement.
5. Reimbursement Advances: City agrees to immediately reimburse Agent,
upon demand, to the full extent for all monies advanced by Agent for
City's accounts in carrying out the purpose of this Agreement, provided;
however, that nothing contained herein shall oblige Agent to make such
advances.
Property Management Agreement
Page 4
0
6. Governmental Order to Repair. r. etc.: In the event that any governmental
agency, authority, or department shall order the repair, alteration, or
removal of any structure or matter on the Park, or if after written notice of
the same to City by such body or Agent, the owner fails to authorize Agent
or others to make such repairs, alterations, or removals, Agent shall be
released from any responsibility in connection therewith, and Owner shall
be answerable to such body for any and all penalties and fines whatsoever
imposed because of such failure on City's part.
7. Agent's Fee: City shall pay Agent for its property management services
Three thousand nine hundred dollars ($3900) per month in advance.
8. Additional Services Rendered: City hereby agrees that for any services
rendered by Agent on City's behalf beyond the scope of this Agreement,
Agent shall be paid at an hourly rate of ninety dollars ($90.00) per hour.
Such additional services shall include, but not be limited to, formal rent
control procedures, representation of City before governmental entities
and services rendered for the finance and /or the sale of subject Park.
Agent shall notify City of any such services prior to the rendering of same.
9. Duty to Cooperate: City agrees to cooperate with Agent to facilitate
Agent's performance on its duties hereunder.
10. Power to Request: City hereby represents that he /she is empowered and
duly authorized by all partners of the Park to enter into this Agreement.
VI. MISCELLANEOUS TERMS:
Governing Law: This Agreement shall be construed in accordance with
and all disputes hereunder shall be governed by the laws of the State of
California.
2. Successor: This Agreement shall be binding upon the parties hereto, their
legal representatives, successors, and permitted assigns, provided,
however, that this Agreement may not be assigned by the Agent or City
without the prior written consent of the other party.
3. Relationship of Parties: Under no circumstances shall this Agreement be
construed as creating either a partnership or an employer /employee
relationship between the parties hereto.
Property Management Agreement
Page 5
4. Legal Cost: Where legal assistance is required for such matters as
enforcing any terms of the lease, the collection of rents, or eviction
proceedings, such action shall be through counsel designated by City and
shall be at City's expense. Furthermore, in the event Agent or City shall
institute legal proceedings against the other arising out of the terms of this
Agreement or the performance hereunder, the prevailing party shall
recover from the other, all attorney's fees, costs, and expenses incurred in
any such action.
5. Notices: Any notice required under the terms herein shall be deemed
given upon the placing of it in the United States Mail, postage prepaid,
return receipt requested, and addressed to the address designated below.
Said address may be changed by either party by mailing written notice to
the other party at the last designated address of the other party as
provided herein.
6. Waiver: No failure by City or Agent to insist upon the strict performance of
any covenant, agreement, term or condition of this Agreement shall
constitute a waiver of any such breach or subsequent breach.
7. Entire preement: This Agreement sets forth the entire agreement
between the parties hereto, and fully supersedes any and all prior
agreements or understandings between the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first written above.
CITY:
CITY OF NEWPORT BEACH
Date:
By: 'AAVZ1o6= —
urp Manager
3300 Newport .
Newport Beach, CA 92663
APPRQQED AS TO FORM:
Attorney
AGENT:
BENDETTI MANAGEMENT GROUP
Date:
By: —
R*A D. Bendetti, Principal
1176 Main Street, Suite 100
Irvine, CA 92714