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Home My WebLink AboutMARINA PARK PROPERTY MANAGEMENT AGREEMENT_05_FINANCE_DOCUMENTS05_FI NANCE_DOCUMENTS Kcsi envy rark Alternate Mailing mergency Unit# Name Phone Phone Address Contact jZelation 2265 Ahuacate Rd. 1A Morhar, Martin & Sharon S"' 673-4775 (562) 691-1985 La Habra Heights 90631 a44411 AVQ 11 ?R Amc?"U e 1770 W. Balboa Blvd. Stacy Morhar Dau hter 16 $ONeI.�l.� M�• �A-c1}�/ --'��y�s' 1C Albert, Irwin 673-2421 (714) 883-4527 Newport Beach, 92663 Donna Fischer Daughter 29475 Weeping Willow Dr. 1 D Arons % Abramowitz 675-9496 (818) 344-1400 Agoura, 91301 1770 W. Balboa Blvd. 1E Dowden,John 675-1843 949 552-8253 Newport Beach, 92663 1770 W. Balboa Blvd. 2A Racine, Phyllis 786-5106 714 957-1971 Newport Beach, 92663 • 42 Belcourt Dr. 26 Rettberg, John &Jackie 675-4716 (949)644-7543 ( 1 Newport Beach, 92660 Mark Rettberg Son rim ? - 04 1770 W. Balboa Blvd. 2D Tate, Deanna & Guy Johnson n1a 95 Newport Beach, 92663 1770 W. Balboa Blvd. 2E Vacant n/a n/a Newport Beach, 92663 1770 W. Balboa Blvd. 2F* Mechem, Bill,& Millie n/a n/a Newport Beach, 92663 1770 W. Balboa Blvd. 3A McDaniel, John 723-5635 (949) 689-3368 Newport Beach, 92663 Brian McDaniel Son 1176 Harvard Rd. 3C Stough, Sellers & Virginia n/a 510 832-2469 Piedmont, CA 94610 Swift, Greg & Elizabeth (Owners) 8182433926 1770 W. Balboa Blvd: 3D Brett, Erin, Alexis, Micah & Paige Kunkle 673-0336 (949) 887-6073 Newport Beach, 92663 Greg & Beth Swift Parents 3E Lonsway, Jeff, Jordan & Tyler q(0-�Q-u 1770 W. Balboa Blvd. Newport Beach, 92663 1770 W. Balboa Blvd. Rachel Sanchez Daughter 4A Whitaker, Jim & Karen 673-3999, 14 979-7277 Newport Beach, 92663 Cyndi Sladics Jim's Sister 4B �i - 14 � �Iq '00P (714)641-3200 A ;;)-a I aPtc`. L� 1770 W. Balboa Blvd. 4C Nickelson, John & DeDe 675-8462 x 31 Newport Beach, 92663 DeDe Nickelson Wife 14 no-{ r ,Al 4Atg to PiT Last Updated 12/7/2004 ri Resident. a Atcmate Mailing - E-mergency ( nit # Name Phone phone Address Contact Relation 10350 Wilshire Blvd. #804 4D Meltzner, Dr. Martin & Enid 675-4659 (310) 271-6362 Los Angeles, 90024 Laurie Resch Daughter 1770 W. Balboa Blvd. 4E Dillon, Ed & Joy 673-9457 (909) 737-3277 Newport Beach, 92663 1770 W. Balboa Blvd. 5A Shonholtz, Beverly 675-8545 213 718-1167 Newport Beach, 92663 Sig Shonholtz Son 1770 W. Balboa Blvd. 5B Wolman, Shirley 673-1931 (8-18) 441-1511 Newport Beach, 92663 Philip Wolman Son 3071 McConnel Dr. 5C Cowan, Ruth Ann 673-3171 310 837-3455 Los Angeles, 90064 David Oliver Son 10 Shoal Dr. 5D Rybus, Joe & KC Campbell 400-6577 949 760-9160 Corona Del Mar, 92625 1770 W. Balboa Blvd. 5E IDavis, Larry 673-7379 949) 645-5389 Newport Beach, CA 92663 Richard Davis Son 612 N. Oakhurst 6A Goldberg, Marshall & Ruth 673-2227 310 278-5550 Beverly Hills, CA 90210 Scott Tansey Son 5050 Cope De Oro 6B Hams, Barbar & Ben (714) 637-5995 626 964-0244 Anaheim Hills, CA 92807 Andrew Hams Son 245 W. Naomi Ave. 6C Tyson, Howell & Dorothy n/a 626 447-0932 Arcadia, CA 91007 Thomas Tyson Brother 4650 Greenbush Ave. 6D Vargas, Michael & Toby 673-1507 818 766-7585 Sherman Oaks, CA 91423 So�g-rkA� 5269 Avenida Del Sol fTi�1- fs'3 6E Esen en, lady N. 14 673-2772 (949) 770-1261 Laguna Hills, 92653 Harvey Kaufman Brother 7A* Kunnel, Velda & Wood, Val Jean 0$- 2530 n/a _ 1770 W. Balboa Blvd. 7B Williams, Herbert & Ethel 673-6545 949 548-4000 Newport each, 92663 no info provided , I?gla W11,11,16 7F* Kunnel, Doug 673-1501 (949) 552-5998 pAUhjj0gfjrg 0E Jon Morrison Brother McPherson, Jim & JoAnn (760)567-0259 P.O. Box 1356 JoAnn McPherson Sister 8A Tavaglione, John & Jan 723-5180 (909)241-4220 Palm Desert, 92261 or John Tavagiione Brother 4341 Lanai Rd. Jon Morrison/ 8BV Wood, Val Jean 673-2530 818 501-4362 Encino, 91436 Doug Kunnel Ne hews 1667 Washington Blvd. Micki Lewis - Daughter 8C Shames, Sondra 673-6930 310 550-8978 Los Angeles, 90007 Brad Shames Son 11310 Lambert Ave. 81) Crawford, Ed & Carole 673-3842 (626) 350-1833 El Monte, 91732 Susie Weir Daughter 'fit Sro �-3(r1tD Last Updated 11/29/2004 ( nit# Resi ent's Name rark Phone Alternate phone mailing Address ]_mergenceJ. Contact Relation 8E Gold, Dan & Jane Grant & Andy 723-4444 (949) 466-1666 (949) 466-0007 1770 W. Balboa Blvd. Newport Beach, 92663 Roberta/Ray Klein Gladys/Joe Steinburg Sister Parents 9A ISeymour, Robert & Ada 723-4137 n/a I 1770 W. Balboa Blvd. Newport Beach, 92663 Julie Davidson Daughter 96 Thom son, Jerry & Bonny 675-8989 (951) 938-6704 1 5175 Myrtle Ave. Riverside, CA 92506 Debby Kimmel Daughter 9C O'Bryan, Jeanne Carpenter, Ken 673-0038 714) 420-0044 1770 W. Balboa Blvd. Newport Beach, 92663 Tracy Tall Daughter 9D Amthor, George 675-1008 (626) 446-0042 1770 W. Balboa Blvd. Newport Beach, 92663 9E Spaulding Carl & Suzanne 675-2471 (626) 286-6403 1530 Mirasol Dr. San Marino, 91108 , 10A Balov, Peter San Pedro Forklift 673-5759 310) 739-5585 1861 N. Gaffey St. Suite E San Pedro, 92504 10C Westergart, Dr. John 673-2084 (818 788-3844 P.O. Box 260225 Encino, 91426 10D Coske , Jack & Danila 675-1471 7* L(O- VIP, (702) 240-6017 A 905 Soaring Crt. Las Vegas, NV 89134 10E Comer, Finn & Holly n/a 909f 784-8180 u 11A S ira, Fran & Lucky" dog 675-7788 949) 829-6786 1770 W. Balboa Blvd. Newport Beach, 92663 11B Chase, John & Barbara 723-1016 818 347-6834 6729 Corie Ln. West Hills, 91307 Chris Chase Son 11C Tilliard, Tom & Debbie Tilliard, Tony & Donna (909)851-8583 (909)789-6898 P.O. Box 555 Colton, 92324 1113 Roston, Nira 673-7021 (714) 720-1002 ULSIE IYr. Y:V• 11E � �i lIkZY g5rcosa r6 12A Kimmel, James & Debbie Patterson, Dan & Carolyn Thompson, Mark & Sue n/a 686-8000 (909)686-8000 (909)686-1222 7161 Indiana Ave. Suite A Riverside, 92504 12B Salas, Julio & Graciela n/a .33e4-gj2ZZ 626 &VF4#42 539 N. Louise Ave. Azusa, 91702 I 142 Rossana Halbert Daughter 12C Pettett, Marilyn 675-3704 14 962-7738 1770 W. Balboa Blvd. Newport Beach, 92663 Brian Vann Son Last Updated 11/29/2004 Resident's rark Aternate Mailing Emergency Unit# Name phone Phone Address Contact Relation evc { Ufi M 2354 Via Mariposa Ave. 12D Muslin, Jane 675-3363 949 462-9277 Laguna Woods, 92653 3736 Alonzo Ave. 12E Goldberg, Ira & Kathleen 675-9269 (818) 342-9130 Encino, 91316 * 2F Bill Mecham has special lease deal with the city which includes assisting with park operations *7A is an all electric unit (no gas charges) * 7F (large space) Triple wide unit, same base rent as A & B spaces Last Updated 11/29/2004 �t� tog, ?W 2^ Manager:MILLIE MECHAM MARINAPARK RENT ROLL DECEMBER 2006 SPACE RESIDENT RENT GAS RENT CR. LATE FEE NSF CK SAL FWD TOTAL 1-A MORHAR - 1550.00 22.00 1572.00 1-13 BONELLI 1550.00 22.00 1572.00 1-C ALBERT 1125.00 22.00 1147.00 1-D ARONS 1125.00 22.00 1147.00 1-E DOWDEN 1050.00 22.00 1072.00 2-A RACINE 1550.00 22.00 1572.00 2-13 RETTSERG 1550.00 22.00 1572.00 2-D TATE 1125.00 22.00 1147.00 2-E BILL MECHAM 0.00 0.00 0.00 MANAGER 3-A MC DANIEL 1550.00 22.00 1572.00 3-13 MARTIN WING 0.00 0.00 0.00 MANAGER 3-C STOUGH 1125.00 22.00 1147.00 3-D SWIFT 1125.00 22.00 1147.00 3-E LONSWAY 1050.00 22.00 1072.00 4-A WHITAKER 1550.00 22.00 1572.00 4-13 WILMOT 1550.00 22.00 1572.00 4-C NICKELSON 1125.00 22.00 1147.00 4-D MELTZNER 1125.00 22.00 1147.00 4-E DILLION 1050.00 22.00 1072.00 5-A SHONHOLTZ 1550.00 22.00 1572.00 5-B WOLMAN 1550.00 22.00 1572.00 5-C COWAN 1125.00 22.00 11,47.00 5-D CAMBELLIRYBUS 1125.00 22.00 1147.00 5-E DAVIS 1050.00 22.00 1072.00 6-A GOLDBERG M. 1550.00 22.00 1572.00 6-B HARRIS 1550.00 22.00 1572.00 6-C TYSON 1125.00 22.00 1147.00 6-D VARGAS 1125.00 22.00 1147.06 6-E ESENSTEN 1050.00 22.00 1072.00 7-A KUNNEIJWOOD 1550.00 0.00 1550.00 ELECTRIC Manager:MILLIE MECHAM 7-13 WILLIAMS 1550.00 7-F KUNNEUMORRISON 1550.00 8-A McPERSON 1550.00 8-13 WOOD 1550.00 8-C SHAMES 1125.00 8-D CRAWFORD 1125.00 8-E GOLD 1050.00 9-A SEYMOUR 1550.00 9-13 THOMOSON 1550.00 9-C O'BRYAN 1125.00 9-D AMTHOR 1125.00 9-E SPAULDING 1050.00 1 D-A BALOV 1550.00 10-C WESTERGART 1125.00 10-D COSKEY 1125.00 10-E COMER 1050.00 11-A SPIRA 1550.00! 11-13 CHASE 1550.00, 11-C TELLIARD 1125.00 11-D ROSTON 1125.00 11-E VEIRS 1050.00 12-A KIMMEUPATTERSON 1550.00 12-B SALaS 1550.00 12-C PETTETT 1125.00 12-D MUSLIN 1125.00 12-E GOLDBERG I. 1 1050.00 •nrni I A R4 775 fill MARINAPARK RENT ROLL 22.00 22.00 22.00 DECEMBER 2006 1147.00', 1147.00', 1072.00' 1572.00 1572.00 1147.00 1147.00 1072.00 1572.00 2294.00 1147.00 1072.00 1147 1147 1147 1147. 1072. STATE OF CALIFORNIA - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT REGISTRATION CARD Manufactured Home Decal No: AAR3776 Manufacturer IDIName SKYLINE Trade Name SKYLINE Model DOM 00/00/1971 DFS 05/01/1971 RY 1971 Exp. Date Ju131, 2007 Serial Number Label/Insignia Number Weight Length Width SPC SCc Exempt Use Type SCS11954XX 478431 48' 10, ACD 30 SFD ILT SC811954XXU 478432 48' 10' Issued Total Fees Paid Aug 15, 2006 $41 00 Addressee CITY OF NEWPORT BEACH 3300 NEWPORT BL NEWPORT BEACH, CA 92663 Registered Owner(s) CITY OF NEWPORT BEACH 3300 NEWPORT BL NEWPORT BEACH, CA 92663 Situs Address 1770 W BALBOA BLVD 2E NEWPORT BEACH, CA 92663 ATTENTION OWNER: THIS IS THE REGISTRATION CARD FOR THE UNIT DESCRIBED ABOVE. PLEASE KEEP THIS CARD IN A SAFE PLACE WITHIN THE UNIT. INSTRUCTIONS FOR RENEWAL: REGISTRATION FOR THIS UNIT EXPIRES ON THE DATE INDICATED ABOVE IN THE BOX LABELED "Exp. Date". THERE ARE SUBSTANTIAL PENALTIES FOR DELINQUENCY. IF YOU DO NOT RECEIVE A RENEWAL NOTICE WITHIN 10 DAYS PRIOR TO THE EXPIRATION DATE, CONTACT H.C.D. FOR RENEWAL INSTRUCTIONS. eaee•a•��a•,t.x,tak�a,t�,t*�xa�a�a,r�+s•�«*a«e.�e��x�a�.ae�.+ IMPORTANT THE OWNER INFORMATION SHOWN ABOVE MAY NOT REFLECT ALL LIENS RECORDED WITH THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AGAINST THE DESCRIBED UNIT. THE CURRENT TITLE STATUS OF THE UNIT MAY BE CONFIRMED THROUGH THE DEPARTMENT. DTN: 4388809 R 08152006- 1,110 if CITY OF NEWPORT BEACH PAYMENT AUTHORIZATION Demand of: HCD $ Address: PO Box 1979 Sacramento, CA 95812-1979 Date: 0612012005 Amount. $41.00 Item of Expenditure Invoice No. Bud et No. Amount 22500 EA Registration for Manufactured Home AAR3776 0310-8080 $41.00 pry+ t n tho„Z a}r �cr ZE I I Prepared by: Evelyn Tsang TOTAL $41.00 Description/Special lnstructi I Department Approval: , Acctg. Mgr. Approval. Fin. Dir. Approval: Date:-s-a Date: Date: ~ STATE OF CALIFORNIA -DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 0ING DIVISION OF CODES AND STANDARDS .� „ _895774 MANUFACTURED HOME ° q REGISTRATION RENEWAL BILLING NOTICE 3� 1�11111�119n� �I �IIIIIII II Addressee: CITY OF NEWPORT BEACH 3300 NEWPORT BL NEWPORT BEACH, CA 92663 Decal: AAR3776 Serial: SCS11954XX Make: SKYLINE Expires: JUL 31, 2005 Exempt: Located at: 1770 W BALBOA BLVD 2E NEWPORT BEACH, CA 92663 Registered to: CITY OF NEWPORT BEACH IF FEES ARE PAID ON OR BEFORE JUL 31, 2005, THE REGISTRATION RENEWAL FEES DUE ARE: $ 41 IF FEES ARE PAID AFTER JUL 31, 2005 BUT ON OR BEFORE NOV 27, 2005 THE FEES AND PENALTIES DUE ARE: $49 IF FEES ARE PAID AFTER NOV 27, 2005 THE TOTAL FEES AND PENALTIES DUE ARE: $149 The registration renewal fees have been reduced by a $ 19 VLF OFFSET. Please see above for the amount to be paid. TO PAX THE REGISTRATION FEES EITHER: Access our online registration renewal service at www.hed.ca.gov and charge the payment to a credit card, or, mail this notice with a check or money order to HCD, PO Box 1979, Sacramento CA 95812-1979. If the location address where the unit is actually located differs from the "Unit Location" shown above, please print the correct location address below: Street or Site: City: County: State: Zip: If you believe you are no longer responsible for the fees due, please complete the appropriate portion of the questionnaire below and return this notice to the address listed above. [ ] This unit was sold on Buyer(s) Buyer(s) [ ] This unit was destroyed on by and is unfit for human habitation. I/We certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 4 1 Executed on at (date) Signature Address 3895774II IIII�I I IAI I� II IIIIIIII II Printed Name (city/state) )5242005. 1,317 MARINA PARK 1350 AMOUN"1' UISCOUNC NH'1AMOUNT 05/11/04 1 • R , I • • , , PAY TO THE ORDER OP 001350 05/11/04 CITY OF NEWPORT BEACH MARINA PARK - BANK OFAMERICA 1176 MAIN STREET, SUITE 100 NEWPORT BEACH, C&92663 IRVINE, CA 92714 is -fish 220 PH. (949)•261-6111 53,992_23 001350 1350 *FIFTY THREE THOUSAND NINE HUNDRED NINETY TWO DOLLARS AND 23 CENTS - DATE CHECK AMOUNT 05/11/04_ ****53,992.23* CITY OF NEWPORT BEACH AUTHORIZED $4 G N ATURE B SECURITY FEATURES INCLUDED. DETAILS ON BACK.6 o'00 1350m >i: L 2 200066 L1: 0 20 2 2111037 L Lill APRIL 30, 2004 A cote Current Assets Petty Cash: Cash -Check TOTAL Cu Fixed Assets Site Improv Sprinkler S: Mobile Hon Equipt/Furn Furniture/Fi TOTAL Fix TOTA APRIL 30, 2004 Liabilities AND Equity Current Liabilities Accounts Payable: mpmhp $5,307.64 TOTAL Current Liabilities 5,307.64 TOTAL Liabilities 5,307.64 Equity Distributions (5,384,369.63) RETAINED EARNINGS - PRIOR 4,915,817.41 Retained Earnings -Current Year 613,563.74 TOTAL Equity 145,011.52 TOTAL Liabilities AND Equity $150,319.16 User. CB / Chnstne Volanh FOR THE 10 PERIODS ENDED APRIL 30, 2004 PERIOD TO DATE YEAR TO DATE ACTUAL PERCENT ACTUAL PERCENT Revenue Rent -Space: mpmhp $70,307.00 110.6 % 701,975.00 94.3 Gas Income 1,166.00 1.8 11,660.00 1.6 Late Charges 35.00 .1 105.00 .0 Income Hold Account (7,962.00) (12.5) 30,609.00 4.1 TOTAL Revenue 63,546.00 100.0 744,349.00 100.0 Gross Profit 63,546.00 100.0 744,349.00 100.0 Expenses: Operating Expenses Janitorial Supplies/Srvcs 138.07 .2 546.95 .1 Maintenance -Landscape .00 .0 11,999.00 1.6 Repairs & Maintenance 212.47 .3 7,173.34 1.0 MH Refurbishments .00 .0 10,355.79 1.4 Trash Disposal 411.60 .6 3,891.80 .5 Utilties-Electric 370.83 .6 4,395.64 .6 Utilities -Gas 936.98 1.5 12,162.25 1.6 Utilities -Water 1,311.78 2.1 1,311.78 .2 TOTAL Operating Expenses 3,381.73 5.3 51,836.55 7.0 General & Administration Expen Bank Charges: mpmhp .00 .0 5.00 .0 Business Meals: mpmhp 14.06 .0 14.06 .0 Park Activities .00 .0 24.72 .0 Computer Equipment/Services: in 98.60 .2 893.20 .1 Consulting Fees .00 .0 2,000.00 .3 Cable Service .00 .0 480.15 .1 Credit Bureau Fees 48.50 .1 642.00 .1 Insurance-Medical/Life: tnpmhp 252.55 .4 2,579.50 .3 Insurance -Workers Comp 2,195.21 3.5 9,616.42 1.3 Licenses/Permits/Fees .00 .0 41.00 .0 Office Supplies 27.98 .0 567.82 .1 Office Expense 101.37 .2 1,478.68 .2 Postage/Delivery 43.01 .1 261.07 .0 Property Management Fee 3,575.40 5.6 35,687.00 4.8 Salaries 2,043.00 3.2 19,875.64 2.7 Taxes -Payroll 282.94 .4 2,020.38 .3 Telephone: mpmhp 104.93 .2 2,221.63 .3 Travel 90.00 .1 391.84 .1 Training/Education .00 .0 148.60 .0 TOTAL General & Administration 8,877.55 14.0 78,948.71 10.6 TOTAL Expenses 12,259.28 19.3 130,785.26 17.6 Net Income from Operations 51,286.72 80.7 613,563.74 82.4 User: CB / Christine Volanti FOR THE 10 PERIODS ENDED APRIL 30, 2004 PERIOD TO DATE YEAR TO DATE ACTUAL PERCENT ACTUAL PERCENT Earnings before Income Tax $51,286.72 80.7 % 613,563.74 82.4 Net Income (L DETAIL POSTINGS FOR PERIOD 10 ENDING 04130104 ACCOUNITNO! PER DATE JOURNAL POSTING REMARKS 1010 Petty Cash: mpmhp 1020 Cosh -Checking: mpmhp 10 04/01/04 CD-R0077 A/P CHECK REGISTER/DIV: 00 10 04/01/04 CD-R0078 AM CHECK REGISTER/DIV: 00 10 04/05/04 GJ-JO062 DEP P44 IO 04/05/04 GJ-JO063 DEP U4.5 10 04/07/04 GJ-JO064 DEP 94.6 10 04/08/04 GI-JO065 DEP 114-7 10 04/09/04 CD-R0079 AT CHECK REGISTER /DIV: 00 10 04/12/04 CD-11.0080 A/P CHECK REGISTPR/DIV: 00 10 04/13/04 CD-R0081 A/P CHECK REGISTER /DIV: 00 10 04/13/04 CD-ROO82 A/P CHECK REGISTER/DIV: 00 10 04/15/04 CD-ROO83 A/P CHECK REGISTERAW: 00 10 04/27/04 CD-ROO84 A/P CHECK REGISTER /DIV: 00 10 04/27/04 01-JO067 DEP 454 10 04/30/04 GJ-JO068 dep 05-2 1550 Site Improvements 1560 Sprinkler System 1600 Mobile Homes 1650 EquipUFum/Ftxtures 1700 Fnmihue/Fixtures/Equipt: input 2010 Accounts Payable: ntpmbp BEGINNING BAL 40000 40000 96,615.66 10 04/01/04 AP-ROO99 AT INVOICE ENTRY /DIV: 00 BATCH: ALL 10 04/01/04 AP-13.0100 A/P INVOICE ENTRY /DIV: OO BATCH: ALL 10 04/01/04 CD-R0077 A/P CHECK REGISTER /DIV: 00 10 04/01/04 CD-R0078 A/P CHECK REGISTER /DIV: 00 10 04/06/04 AP-R0101 A/P INVOICE ENTRY /DIV. 00 BATCH' ALL 10 04/09/04 AP-RO103 A/P INVOICE ENTRY /DIV: OO BATCH: ALL 10 04/09/04 CD-R0079 A/P CHECK REGISTER /DIV: 00 10 04/12/04 AP-RO104 Al? INVOICE ENTRY /DIV: OO BATCH: ALL 10 04/12/04 CD-ROO80 A/P CHECK REGISTER /DIV: 00 10 04/13/04 AP-RO105 A/P INVOICE ENTRY /DIV: OO BATCH: ALL 10 04/13/04 AP-RO106 A/P INVOICE ENTRY /DIV: OO BATCH: ALL 10 04/13/04 CD-ROO81 A/P CHECK REGISTER /DIV: 00 10 04/13/04 CD-ROO82 A/P CHECK REGISTER /DIV: 00 10 04/15/04 AP-RO107 A/P INVOICE ENTRY /DIV: 00 BATCH: ALL 10 04/15/04 CD-ROO83 A/P CHECK REGISTER/DIV: 00 10 04/19/04 AP-RO108 A/P INVOICE ENTRY/DIV: 00 BATCH: ALL 10 04/20/04 AP-RO109 A/P INVOICE ENTRY /DIV: 00 BATCH: ALL 10 0427/04 AP-110110 A/P INVOICE ENTRY /DIV: 00 BATCH: ALL 10 04/27/04 CD-ROO84 A/P CHECK REGISTER /DIV: 00 10 0429/04 AP-ROl1I A/P INVOICE ENTRY /DIV: 00 BATCH: ALL 10 04/30/04 AP-RO113 A/P INVOICE ENTRY /DIV: 00 BATCH: ALL 3150 Distributions 10 04/09/04 AP-RO103 000ITYNB MAR04 3200 RETAINED EARNINGS -PRIOR 96,615.66 53,160.00 53,16000 22,99100 22,991.00 12,050 00 12,050.00 2,005.68 2,005.68 5,720.25 5,720.25 2,602 13CR 2,602.13CR 5,287,753.97 5,287,753.97 4,915,817.41CR DEBIT CREDIT .00 .00 .00 .00 1,497.00 2,000.00 15,023.00 11,776.00 4,991.00 1,147.00 96,615.66 1,575AO 1,195.70 14.06 2,141.37 1,13024 16,739.00 13,870.00 63,546.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 00 106,169.43 .00 .00 .00 .00 .00 .00 .00 .00 .00 00 252.55 2,000.00 1,497.00 2,000.00 1060 96,615.66 96,615.66 1,575.40 1,575AO 1,195.70 14.06 1,195.70 1406 773.09 2,141.37 2,195.21 149.33 1,130.24 1,130.24 2,297.26 665.84 106,169.43 108,874.94 96,615.66 96,615.66 .00 .00 .00 NETCHANGE .00 .00 42,623A3CR .00 .00 .00 .00 .00 .00 .00 .00 .00 00 2,705.51CR 96,615.66 .00 ENDINGBAL 400.00 400.00 96,615.66 95,118.66 93,118.66 108,141.66 119,917.66 124,908.66 126,055.66 29,440.00 27,864.60 26,668.90 26,654.84 24,513.47 23,383.23 40,122.23 53,992.23 53,992.23 53,160.00 53,160.00 22,991.00 22,991.00 12,050.00 12,050.00 2,005.68 2,005.68 5,720.25 5,720.25 2,602.13CR 2,854.68CR 4,854.68CR 3,357.68CR 1,357.68CR 1,368.28CR 97,983.94CR 1,368.28CR 2,943.68CR 1,368.28CR 2,563.98CR 2,578.04CR 1,382.34CR 1,368.28CR 2,14L37CR 00 2,195,21CR 2,344.54CR 3,474.78CR 2,344.54CR 4,G41.80CR 5,307.64CR 5,307.64CR 5,287,753.97 5,384,369.63 5,384,369.63 4,915,817.41CR System Date: 05/1110411:27 pm Page:1 Application Date: 04/30/04 User: CB I Christine Valenti DETAIL POSTINGS FOR PERIOD 10 ENDING 04130104 ACCOUNTNO! PER DATE JOURNAL POSTINGREMARKS 3200 RETAINED EARNINGS - PRIOR BEGINNINGBAL (Continued) 4,915,817AICR 631,668.000R 4000 Rent -Space: mpnrhp 10 04/13/04 GI-JO066 APR04 CR TO INCOME ACCTS 10 04/13/04 GJ-JO066 APR04 CR TO INCOME ACCTS 10 04/13/04 GJ-JO066 APR04 CR TO INCOME ACCTS 10 04/13/04 G1-JO066 APR04 CR TO INCOME ACCTS 10 04/13/04 GJ-30066 APR04 CR TO INCOME ACCTS 4030 Gas Income 10 04/13/04 GJ40066 APR04 CR TO INCOME ACCTS 4110 Late Charges , 10 04/13/04 GJ-J0066 APR04 CR TO INCOME ACCTS 4900 Income Bold Account 10 04/05/04 GJ-JO062 DEP 114-4 10 04/05/04 GJ-JO063 DEP 114.5 10 04/07/04 GJ40064 DEP 114.6 10 04/08/04 GI-J0065 DEP 114.7 10 04/13/04 GJ40066 APR04 CR TO INCOME ACCTS 10 04/27/04 GJ-J0067 DEP 115.1 10 04/30/04 GJ-JO068 dep 95-2 5050 Janitorial Supplies/Srves 10 04/15/04 AP-RO107 OOPCASH PCASH0405 10 04/30/04 AP-RO113 00PCASI3 PCASI40428 5100 Maintenancc-Landscape 5130 Repairs & Maintenance IO 04/15/04 AP-RO107 OOPCASH PCASH0405 10 0420/04 AP-RO109 OONEWPORT040204 PESTCONTROL 10 04/30/04 AP-RO113 OOAAAJET 9629 NIIE 5150 MH Refurbishments 5300 Trash Disposal 10 04/15/04 AP-RO107 00CR&R 76532 5310 Utillies-Electric 10 04/30/04 AP-110113 OOSCE 810628APR4 5320 Utilities-Gns 10 0429/04 AP-110111 OOSCG 097009APR4 631,668.000R 10,494.000R 10,494.000R 70.000R 70.000R 38,571.000R 38,571.000R 40889 408.88 11,999.00 11,999.00 6,960.87 6,960.87 10,355.79 10,355.79 3,480.20 3,480.20 4,024.81 4,024.81 11,225.27 DEBIT .00 198.00 198.00 .00 .00 71,508.00 71,508 00 58.07 80.00 138.07 00 .00 3247 55.00 125.00 212.47 .00 .00 411.60 411.60 370.83 370.83 447.85 C :.a7N 7Yi2l�l[N',/:1R�2Csit7i571 .00 69,775.00 600.00 30.00 100.00 70,505.00 1,166.00 1,166.00 35.00 3500 15,023 00 11,776.00 4,991.00 1,147.00 16,739.00 13,870.00 63,546.00 .00 .00 .00 .00 70,307.000R 1,166.000R 35.000R 7,962.00 138.07 .00 .00 .00 212.47 .00 .00 .00 .00 .00 411.60 .00 370.83 4,915,817AICR 631,668.000R 701,443.000R 701,245.000R 701,845.000R 701,875.000R 701,975.000R 701,975 OOCR 10,494.000R 11,660.000R 11,660.000R 70.000R 105.000R 105.000R 38,571.000R 53,594 OOCR 65,370.000R 70,361.000R 71,508.000R .00 16,739.000R 30,609.000R 30,609.000R 408.88 466.95 546.95 546.95 11,999.00 11,999.00 6,960.87 6,993.34 7,048.34 7,173.34 7,173.34 10,355.79 10,355.79 3,480.20 3,891.80 3,891.80 4,024.81 4,395.64 4,395.64 11,225.27 11,673.12 System Date: 05111104 / 1:27 pm Page: 2 Application Dale: 04/30/04 User: CB / Christine Volanti DETAIL POSTINGS FOR PERIOD 10 ENDING 04130104 ' ACCOUNTNOJ PER DATE JOURNAL POSTINGRL•MARKS 5320 Utilities -Gas 10 0429/04 AP-R0111 OOSCG 099109APR4 10 0429104 AP-R0111 00SCG 101209APR4 5340 U1i111ies-Water 10 0429104 AP-ROI11 OOCITYNEW 236002APR4 10 04129/04 AP -Rohl OOCITYNEW238002APR4 10 0429/04 ANR0111 00CITYNEW 240002APR4 10 04/29/04 AP-R01I I OOCITYNEW 242002APR4 10 04/29/04 AP-110111 OOCITYNEW 244002APR4 10 0429104 AP-R0111 OOCITYNEW 246002APR4 10 0429/04 AP-R01I I OOCITYNEW 248002APR4 10 0429/04 AP -Rohl OOCTYNEW 250002APR4 10 0429/04 AP-R01I I OOCITYNEW 252002APR4 10 0429/04 AP -Rol 11 OOCITYNEW 254002APR4 10 0429/04 AP-R0111 OOCITYNEW260002APR4 10 0429/04 AP-110111 OOCITYNEW 264003APR4 10 0429/04 AP-R0111 00CITYNEW 265002APR4 10 0429/04 AP-110111 OOCITYNEW 266002APR4 10 0429/04 AP-R0111 OOCITYNEW 268002APR4 6060 Bank Charges; mpmhp 6080 Business Meals: mpmhp 10 04/13/04 AP-RO106 OOP&MMC 777821APR4 6105 Park Activities 6120 Computer Equipment/Services: an 10 04/15/04 AP-RO107 OOVALLEY 64701 6130 Consulting Pees 6170 Cable Service 6180 Credit Bureau Pecs 10 0429/04 AP-RO111 OOCREDIT 40152 6240 Insurance-Medienl/Life: mpmbp 10 04/01/04 AP-R0099 00BENDET APR04 6280 Insurance -Workers Comp 10 04/19/04 AP-RO108 OOPREPER 1066843APR 6320 Licenses/Pcnnits/Pccs BEGINNINGBAL DEBIT CREDIT NET CHANGE ENDINGBAL (Continued) 250.12 11,923.24 239.01 12,162.25 11,22527 936.98 .00 93698 12,162.25 .00 .00 52.98 52.98 102.00 154.98 100.00 254.98 60.00 314.98 58 00 372.98 152.00 524.98 130.00 654.98 98.00 752.98 40.00 792.98 62.00 854.93 96.00 950.98 16.00 966.98 92.80 1,059.78 186.00 1,245.78 66.00 1,311.78 .00 1,311.78 .00 1,311.78 1,311.78 5.00 .00 .00 .00 5.00 5.00 .00 .00 .00 5.00 .00 .00 14.06 14.06 .00 14.06 .00 14.06 14.06 24.72 .00 .00 .00 24.72 24.72 .00 .00 .00 2472 794.60 79460 9860 89320 794.60 98.60 .00 98.60 893.20 2,000.00 .00 .00 .00 2,000.00 2,000.00 .00 .00 .00 2,000.00 480.15 .00 .00 .00 480.15 480.15 .00 .00 .00 480.15 593.50 593.50 48.50 642.00 593.50 48.50 .00 48.50 64200 2,326.95 2,32695 252.55 2,579.50 2,326.95 252.55 .00 252.55 2,579.50 7,421.21 7,42121 2,195.21 9,616.42 7,421.21 2,195.21 .00 2,195.21 9,61642 41.00 .00 .00 .00 41.00 System Dale: 05/11104 / 1.27 pm Page: 3 Application Dale: 04/30/04 User. CB / Christine Volanti DETAIL POSTINGS FOR PERIOD 10 ENDING 04130104 ACCOUNTNO1 d PER DATE JOURNAL POSTINGREMARKS 6320 Lmenses/Pennits/Pecs 6340 Office Supplies 10 04/15/04 AP-RO107 OOPCASH PCASH0405 6360 Office Expense 10 04/15/04 AP-RO107 00PCAS1J PCASH0405 10 04/30/04 AP-RO113 OOPCASH PCASH0428 6380 Postage/Delivery 10 04/15/04 AP-RO107 OOPCASH PCASH0405 10 04/30/04 AP-RO113 OOBENDET POSTAGAPR4 6400 Property Management Pco 10 04/01/04 AP-R0100 OOBMG APR04 ID 04/12/04 AP-RO104 OOBMG APR04 6440 Salaries 10 04/13/04 AP-R0105 OOBENDET PR041504 10 04/27/04 AP-R0110 OOBENDET PR043004 6460 Taxes -Payroll 10 04/13/04 AP-RO105 OOBENDET PR041504 10 0427/04 AP -Rollo OOBENDET PR043004 6490 Telephone: mpmhp 10 04/06/04 AP-31,0101 OOBENDET 813706APR4 10 0420/04 AP-RO109 OOBENDET 755313APR4 6500 Travel 10 04/15/04 AP-RO107 OOPCASH PCASH0405 10 04/30/04 AP-110113 OOPCASH PCASH0428 6520 Training/Education REPORT TOTAL: BEGINNINGBAL DEBIT CREDIT NETCHANGE ENDINGBAL (Continued) 41.00 .OD 00 .OD 41.00 539.84 53984 27.98 567.82 539.84 27.98 .00 27.98 567.82 1,377.31 1,377.31 41.37 1,418.68 60.00 1,478.63 1,377.31 101.37 .00 101.37 1,478.68 218.06 218.06 37.00 255.06 6.01 261.07 218.06 43.01 00 43.01 261.07 32,111.60 32,111.60 2,000.00 34,111.60 1,575.40 35,687.00 32,111 60 3,575.40 .00 3,575.40 35,687.00 17,832.64 17,832.64 1,037.00 18,869.64 1,006.00 19,875.64 �17,832.64 2,043.00 .00 2,043.00 19,875.64 1,73744 1,737A4 158.70 1,896.14 124.24 2,020.38 1,737A4 282.94 .00 282.94 2,020.38 2,116.70 2,116.70 1060 2,127.30 94.33 2,221.63 2,11670 104.93 .00 104.93 2,221.63 301.84 301.84 66.00 367.84 24.00 391.84 301.84 90.00 .00 90.00 391.84 148.60 .00 00 .00 148.60 148.60 .00 .00 .00 148.60 .00 350,296.37 350,296.37 .00 .00 System Date: 05111/04 / 1:27 pm Page: 4 Application Date. 04/30104 User. CB / Christine Volano f q 5 e�9 > k' y ' f G OFFICE OF THE CITY ATTORNEYS March 15, 2006 Bill Mecham 1770 West Balboa Blvd. Unit 217 Newport Beach, CA, 92663 RE: MARINA PARK MOBILE HOME PARK Dear Mr. Mecham: I enjoyed meeting you the other day and appreciate all of your help with the management of Marina Park. I am writing to inform you that last evening; the City Council adopted a resolution authorizing the City Manager to take action in accordance with California law to change the use of Marina Park. As a result, the City of Newport Beach will need to have you contact our office if any person contacts you regarding the entry into a new lease or the renewal of an existing lease with the City. Please do not hesitate to contact me if you have any questions at (949) 644-3131. Very truly yours, ), c, Aaron C. Harp, Assistant City Attorney cc: David Kiff, Assistant City Manager Robin Clauson, City Attorney Glen Everroad, Revenue Manager 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3131 • Fax: (949) 644-3139 • www.eity.newport-beach.ca.us CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES Revenue Division August 7, 2008 VIA CERTIFIED U.S. MAIL AND FIRST CLASS U.S. MAIL Peter Balov 1770 W Balboa Blvd., Unit 10 A Newport Beach, CA Ernest J. Francceschi, Jr. 445 S Figueroa, 26th Floor Los Angeles, CA 90071 RE: NOTICE OF PAST DUE RENT MARINAPARK MOBILEHOME PARK, UNIT 10A Dear Mr. Balov: Pursuant to the terms of the Mobile Home Rental Agreement dated January 1, 2008, and the terms of the Settlement Agreement and Consent Judgment filed with the United States District Court dated April 11, 2008, the rental amount of $1,240.00 is due each month on the 1st day of the month. Late payments shall be charged ten percent (10%) interest per month. Additionally, Lessee shall pay $22.00 per month for gas, also due on the 15t day of the month,'for a total of $1,262.00. Upon the closing of escrow on June 17, 2008, the final settlement statement of which is attached for your reference, rent was collected through June and the next payment was due July 1, 2008. As of the date of this letter, the City has not yet received payment and the account is now past due for the July and August rent payments. The total rent, gas and late fees due on the account is $2,660.20. Please make arrangements to pay this amount by Tuesday, August 19th, 2008, or the City will be forced to take further action to enforce the terms of the Settlement Agreement and Consent Judgment. Payments must be made by cash or check, payable to The City of Newport Beach and delivered to: The City of Newport Beach Cashier at 3300 Newport Blvd., Newport Beach, CA 92658-8915, Phone (949) 644-3121. The Cashier is available to receive payment Monday through Friday, between the hours of 7:30 a.m. and 5:00 p.m. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3141 • Fax: (949) 644-3073 • www.city.newport-beach.ca.us Peter Balov August 5, 2008 Page 2 Thank you for your immediate attention to this matter. If you would like to discuss these issues or schedule a meeting, please do not hesitate to contact me. Very truly yours, 1�11—' � Evelyn Tseng, Income Contract Administrator City of Newport Beach Enclosure cc: Glen Everroad Bill Mecham 1770 W. Balboa Blvd., Space 10A Newport Beach, CA 92663 City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 Peter Balov clo Ernest J. Franceschi, Jr. 445 S. Figueroa St. 26th Floor Los Angeles, CA 90071 Overland, Pacific & Cutler, Inc. 100 W. Broadway, Ste SBO, Long Beach, CA 9OB02 Seller's Final Settlement Statement File No. NPBO02-10A Coordinator: Natasa Lenic Settlement Date, 06/17/2008 Disbursement Date: 06/17/2008 Charge Description Seller Charge Seller Credit Consideration $35,000.00 Pad rent: September 1, 2007-June 30, 2008 @ $1,262/month $12,620.00 HOD fee - replacement insignia $166.00 HOD fee - registration renewal $547.00 HOD fee - sales tax from transfer from Weinfurtner to Balov $645.00 Bond fee $265.00 Cash to Seller $20,757.00 Totals $35,000.00 $35,000.00 COY OF NEWPORT BEA ADMINISTRATIVE SERVICES DEPARTMENT Revenue - Date: April S, 2004 To: Dave Kiff From: Evelyn Tseng Subject: Marinapark Issues CC: Glen Everroad Hi Dave: We're following up on a few more issues with Marinapark — property Management Bond requirement We noticed that the Bendetti Management Agreement requires that Bendetti provide us with a bond, "the form and content of which shall be approved by the City Attorney'. In response to my inquiry, Bendetti's insurance agent sent me a Crime Declaration insuring against employee theft to $250,000. 1 sent it to Robin for her review and she had several concerns with the policy: 1. The City is not a named additional insured, so it's not clear that we are covered; 2. It's not clear from the language of the policy exactly what employee acts are covered; 3. Since Mechem is not officially an employee of Bendetti, it's not clear that Bendetti's insurance policy even applies to Mechem; ' 4. Robin believed that Mecham hired someone to work with him —we don't know if that employee is an employee of Bendetti's or of Mecham's. Overall, Robin would prefer that we get a bond. However, I'm not sure at this point if we should be requiring a bond from Bendetti or from Mechem. What are your thoughts on this? Marinapark Water Billing Section F-7 (H) of the Newport Beach City Council Manual states: H. To provide an accurate accounting of actual net revenues generated by the City's income property, all costs and charges directly attributable to the management of a specific income property shall be debited against the gross revenues collected on that property in the fiscal year the costs are incurred. Costs and charges include property repairs and maintenance, property appraisals, and consultant fees, as authorized by the City Council, City Manager or by this Income Property Policy. Would these costs and charges include water at Marinapark? If so, shouldn't we request that Bendetti or Mechem net out the cost of water from gross revenue, rather than having the Revenue Department move it from the General Fund? Thanks for your time COY OF NEWPORT BEAW ADMINISTRATIVE SERVICES DEPARTMENT -Revenue. Date: March 24, 2004 To: Robin Clauson From: Evelyn Tsang Subject: Bendetti Management bond CC: Glen Everroad . -0 M61 Enclosed is the relevant provision from the Bendetti Management Agreement which requires that Bendetti provide us with a bond, the form and content of which shall be approved by the City Attorney. Also enclosed is what Bendetti's insurance agent sent me — a Crime Declaration insuring against employee theft to $250,000. Does the Insurance policy comply with the bond requirement? If so, please sign off on the insurance copy as approved by the City Attorney's office and return to me for my records. If it doesn't, let me know so I can call Mr. Mecham to discuss. Thanks. Message Page 1 of 2 Duncan, Ron From: Coulter, Susan Sent: Monday, March 01, 200410:51 AM To: Oborny, rley; Deutsch, Tim; Subject: RE: MarinalPark Billing ChangeDuncan, Ron; Kiff, Dave Nhat sop r* befa-t truf d �f Get out of townlil In the year I've been trying to get this stra' tened out, Tim never mentioned that if we changed the process the fees would more than double! I' a For years, the City Manager's budget for Marina Park water was only $4,000. When we went internal billin , the expense more than tripled* and we still have two billing cycles left. Now, it looks like they cou in. Am I not getting something? I no longer know what is the best or right thing to do. I do know that water and sewer is the business to be in. Anyway, we either need a budget amendment for Division 0310 or we should continue with the plan to treat Marina Park like our other income producing properties. I'll leave it up to Dave. *FY 04 Internal Water Billings re: Marina Park 08/21/03 - $3,547.20 10/22/03 - $4,794.40 12/26/03 - $3,123.20 02/04/04 - $1,805.60 Total = $13,270.40 -----Original Message ----- From: Oborny, Shirley Sent: Monday, March 01, 2004 10:23 AM To: Coulter, Susan Subject: FW: Marina Park Billing Change This is what Tim sent Dave but he hasn't responded yet. it talks about the additional unit fees, etc. -----Original Message ----- From. Deutsch, Tim Sent: Wednesday, February 25, 2004 6:47 AM To: Kiff, Dave Cc: Oborny, Shirley, Duncan, Ron Subject: Marina Park Billing Change Dave, Since the existence of internal billing of City accounts, Marina Park has always been considered part of the City Manager's budget. I understand that you have requested that this change effective the next billing period. Shirley has provided Revenue the billing information. When setting up these accounts, we need to consider that these are just like the other City income properties, i.e. Balboa Bay Club, Beacon Bay, etc, which are subject to paying for all of the fees associated with the customer accounts. For example, Account #0852360-02, which is located in the Marina Park facility would be charged the following applicable fees: Water use $2.00 per HCF Water service fee $7.25 per month - $14.50 per billing period (This will vary based on meter size) Additional unit fee $1.00 per month per additional unit (this is for multi -unit dwelling units that have more that one unit per water connection) 3/1/2004 Message Page 2 of 2 Other Agency Fee $0.87 per billing period Sewer Use $0.25 per HCF of water used (on all non -sprinkler accounts) Sewer Service Fee $3.60 per month - $7.20 per billing period Additional unit fee $2.00 per month per additional unit (this is for multi -unit dwelling units that have more that one unit per sewer connection) Sewer Surcharge $10.00 per month - $20.00 per billing period (on all non -sprinkler accounts that have a meter that is 2-inches or larger) Based on these appropriate charges, in the case of the account listed above that new 2-month billing period charges.could be $121.32 (plus charges for additional units) versus the internal charge or water use of $72.00. There are no other cases where we only bill a customer for water use, with the exception of the internal City accounts. All other City leased properties, some mentioned above, are charged all of the applicable charges. If you would like, we can prepare a breakdown of the charges that would have been assessed for the past period for all of the 15 accounts in the Marina Park facility. To make it accurate, we would need to know how many additional units, i.e. mobile homes are serviced in the facility. Based on the aerial of the park, there are approximately 59 mobile units, that would be charged to the non -irrigation accounts. Based on these numbers, there would be an additional If you are okay with everything, Ron will begin charging each of the Marina Park accounts all of the applicable fees on the next billing period which will go out in April. Please advise. Thanks. Tim Deutsch Administrative Manager City of Newport Beach Utilities Department (949)644-3010 (949) 646-5204 - fax Al 3/1/2004 Oborny, Shirley From: Bill Mecham [Bill@Bendetti.com] Sent: Friday, January 17, 2003 12:51 PM To: Oborny, Shirley Subject: RE: RENTAL OF MANAGER HOME Dave, We will need 75 copies. I will contact Terry and be very judicious with his time. We will do a very basic document. And, yes, I will be available to assist the assistant manager if necessary. Thanks, Bill > -----Original Message---- • From: Oborny, Shirley [SMTP:soborny@city.newport-beach.ca.us] > Sent: Thursday, January 16, 2003 5:46 PM > To: Bill Mecham > Subject: RE: RENTAL OF MANAGER HOME > Mr. Mecham, it looks like we will be making the copies for you to have > signed by the tenants. How many copies do you need? > -----Original Message---- • From: Kiff, Dave > Sent: Wednesday, January 15, 2003 2:58 PM > To: 'Bill Mecham' > Cc: Oborny, Shirley > Subject: RE: RENTAL OF MANAGER HOME > Sir Bill: > Hope all is well with you. The below is fine if you also tell me that > you're acting in a capacity as an on -site guy. Like back-up to the > on -site Assistant Manager. > On the new lease, Council approved it last night. Your task now is to > get it distributed. And I'm told by Robin (and Terry Dowdell, special > counsel) that we need to update the Rules and Regs. You can run with > this -- either by contacting Terry directly (though prudently, since > he's billing us by the hour). I'd start with an updated copy of the > Rules and Regs that Elaine Alston apparently gave us several months > ago. It would be great to get a nice, legal copy of the Rules and > Regs to attach to every copy of the Rental Agreement in advance of the > residents' signing this one. Shirley will be your contact in this > office on getting copies of the Rental Agreement, getting signed originals in our files, et al. > Let me know how you choose to proceed. > And no aligning yourself with the tenant group, now, ya hear?!?! > Bill, it looks like we will probably print out a bunch of blank leases > for you to have signed. How many copies would you need? > ----Original Message---- • From: Bill Mecham [mailto:Bill@Bendetti.com] > Sent: Tuesday, January 07, 2003 3:31 PM > To: Kiff, Dave > Subject: RENTAL OF MANAGER HOME > Per our conversation of last week, the following represents my > proposal to rent the current manager home for a period of up to six > months: > 1. 1 will pay Marinapark a sum of $600 per month for the rent > of the home and space > 2. 1 will move in on January 12 and will pay $360 for the > remainder of January > 3. 1 will accept responsibility for the care and upkeep of the > interior of the home except for plumbing or appliances > 4. 1 will sign residency documents, including park rules and > regulations > 5. 1 will park one car in the park on a regular basis > 6. Any other requirements you might have for me > Please let me know if this is acceptable. BENDETTI MANAGEMENT /.� GROUP Mobile Home Park Manavement Services 1176 Main Street Suite 100 Irvine CA 92614 TO: Glen Everoad City of Newport Beach FROM: Bill Mecham / Bob Bendetti DATE: May 10, 2002 RE: Compensation / Budget Dear Glen, We are completing the Balboa Lease abstract to include "contractor responsibilities". After looking to any comments from Bob Burnam, we will finalize. To respond to the request for some budgetary numbers, we propose the following: 1. Management Fee of 5% of gross revenue (same as the Marina Park contract). 2. Lease abstracting $95 per hour for principal's time $45 per hour for secretarial 3. Balboa Bay Club Lease Annual Audit Cost: Recommending Robert Redowitz, CPA We will submit separate proposal and qualifications 4. To date we have spent 24 hours on the Balboa Bay Club Lease Abstract. It is not our intent to include that time on any billing and we do not expect that any other contract would entail that many hours. If, for example, the 72 Becon Bay leases are similar, it may take 6-8 hours to abstract the first one and 1-2 hours thereafter for each. We hope the fee that's proposed will assist you in your budgeting. Please give us a call to discuss the above. (949) 261-6111x211 (949) 261-6660 PAX PBENDETTI d�! MANAGEMENT GROUP Moline Home Park Management Services 1176 Main Street Suite 100 Irvine CA 92614 TO: FROM: DATE: Glen Everoad City of Newport Beach Bill Mecham / Bob Bendetti May 10, 2002 RE: Compensation./ Budget Dear Glen, We are completing the Balboa Lease abstract to include "contractor responsibilities". After looking t0 any comments from Bob Burnam, we,will finalize. To respond to the request for some budgetary numbers, we propose the following: 1. Management Fee of 5% of gross revenue (same as the Marina Park contract). 2. Lease abstracting $95 per hour for principal's time $45 per hour for secretarial 3. Balboa Bay Club Lease Annual Audit Cost: Recommending Robert Redowitz, CPA We will submit separate proposal and qualifications 4. To date we have spent 24 hours on the Balboa Bay Club Lease Abstract. It is not our intent to include that time on any billing and we do not expect that any other contract would entail that many hours. If, for example, the 72 Becon Bay leases are similar, it may take 6-8 hours to abstract the first one and 1-2 hours thereafter for each. We hgpe the fee that's.proposed will assist you in your budgeting. Please give us, a call to discuss the above. (949) 261-6111x211 (949) 261-6660 FAX I BENDETTI MANAGEMENT GROUP Mobile Home Parle Management Services 1176 Main Street Suite 100 Irvine CA 92614 May 6, 2002 Glen Everroad City of Newport Beach Dear Glen, Attached is our preliminary cut at the abstract for Balboa Bay Club. The more we got into it, the more we realized a final document will require more information from the legal department to assist in understanding some of the nuances of this document. However, we believe we have the major issues included. Call me if you have questions. We look forward to our meeting tomorrow. Sincerely, BILL MECHAM (949) 261-6111,211 (949) 261-6660 PAX IFBENDETTI MANAGEMENT GROUP Mobile Home Park Management Services 1176 Main Street Suite 100 Irvine CA 92614 May 6, 2002 Glen Everroad City of Newport Beach Dear Glen, Attached is our preliminary cut at the abstract for Balboa Bay Club. The more we got into it, the more we realized a final document will require more information from the legal department to assist in understanding some of the nuances of this document. However, we believe we have the major issues included. Call me if you have questions. We look forward to our meeting tomorrow. Sincerely, BILL MECHAM (949) 261-6111,211 (949) 261-6660 FAX BENDETTI MANAGEMENT GROUP April 29, 2002 Glen Everroad City of Newport Beach Dear Glen, Accompanying this letter is a draft proposal. I am calling it a draft because we want to make sure we are going in the direction you want before making a formal presentation. Please review the document and give me a call. I have also given a copy to Dave Kiff. Sincerely, MOBILE HOME PARK MANAGEMENT BILL MECHAM SERVICES 1176 MAIN STREET SUITE 100 IRVINE CA 92614 (949) 261.6111 (949) 261.6660 FAX Management Proposal To the City of Newport Beach This is a proposal from Bendetti Management Group (BMG) to the City of Newport Beach (City) to provide management services for those certain agreements and leases (Contracts') to which the City is a party. BMG proposes to provide a full spectrum of services to the City for each Contract according to the terms and conditions of the documents. We will provide particular emphasis in the following areas: • Contract analysis to insure clear understanding of all lease terms • Rent collection • Lessee accountability to Contract = • Lessor accountability to Contract • Development of Audit procedures for each Contract The work -load represented by the number of Contracts to which the City is . a party will mandate that BMG management -be phased in over a period we recommend to be 12 months or less. - . To that end we propose the following Scope of Work: START-UP Each contract varies appreciably in format, quantity of work and type of property covered. There are varying degrees of time involved in properly administering the Contracts. BMG and City will mutually agree on the number of Contracts that shall initially come under BMG management. Once that determination has been made BMG shall commence the Contract Analysis portion of our proposal. CONTRACT ANALYSIS / ABSTRACT BMG will obtain all the books, records and documents from the City with respect to each Contract. BMG will then abstract each and every Contract for which it is to become agent. The abstracting process will be used as a guideline to understand each Contract, and the responsibilities of each of i the parties, all in a summary format. The process of abstracting the documents will be a timely and tedious page by page process. In the case of the Balboa Bay Club, there is only one Contract with eleven sources of income, but with Beacon Bay, there are 72 varying Contracts. It is proposed that the abstracting be completed prior to transferring the management responsibilities over to BMG. A sample abstract has been attached for the Balboa Bay Club and for one of the Beacon Bay Leases. REVENUE COLLECTION BMG shall collect all revenues and other payments due per each contract. It is the suggestion of Agent that rent statements be implemented where appropriate. All revenues collected shall be deposited through the Agent into an interest bearing account established by the City ("DepositoryAccount'), and BMG would be authorized to request, demand, .collect and receive for all such'. r rent and other charges for deposit per the terms of each contract. I . ENFORCEMENT OF LEASES -BMG shall be responsible, acting on behalf of City, to ensure through enforcement that all Lessees are complying with the terms of their agreement, including the collection of.all' revenues. Any non-compliance will be reported to the City with a recommended course of action to regain. . compliance. This course of action would typically include a process of J timely communications regarding any non-compliance, and then, if l necessary, and with the prior approval of City for each instance, institute legal proceedings in the name of City. REPAIRS & MAINTENANCE BMG shall make, or cause to be made, all repairs and maintenance that are the City's responsibility under each Contract. These procedures shall including, where applicable, all maintenance to buildings and appurtenances, slips and marine facilities, grounds of the property, and any other area of responsibility for which the City may be contractually responsible. BMG shall arrange for periodic inspections of roof, structural, and mechanical systems by qualified independent contractors, approved by the City. FINANCIAL & ACCOUNTING BMG shall maintain a comprehensive system of office records, books and accounts, all of which shall belong to City, but be maintained in BMG's office in a safe and separate area. BMG shall maintain the books and accounts of City on a computer base accounting system, and BMG shall enter and record all of the financial transaction of each Contract and the property on said system, including the following (where applicable): • Tenant Rent Statements: These include all calculations for revenues and any past due amounts, including late charges, and are tied back into a rent roll and income statement ; • Rent Roll: Includes Lessee name, property ID/SF, Lease start/end dates, current revenue and sources, increase dates and amounts, comments; revisions to the foregoing as applicable. • Annual Budgets for a July/June fiscal year, and�:prepared, in a format; -- acceptable to the City. •. General Ledger • Delinquency List • Income Statements • Common Area Reimbursable Expense Reports • Variance Reports • Balance Sheets • Bank Statement • Bank Reconciliation • Cash Receipts reports • Copies of Checks INSURANCE BMG shall obtain insurance certificates from all vendors and contractors providing services to the property, and from each tenant, pursuant to their Contract. BMG shall maintain and update insurance files, pending renewal dates and verifications that coverage's are in compliance with each contract. . 1 3 BMG PERSONNEL BMG shall devote the necessary resources to address all aspects of each Lease contract, ranging from "field" management to rent collection, auditing and financial accountability, as described in more detail below. 6-U&X? BMG personnel will be skilled in the areas required to implement its responsibilities as Agent, including, but not limited to the areas of administrative, accounting and public and municipal relations. lei` BMG shall employ such personnel as its employees, and not that of City. BMG shall provide City with a list of the personnel directly responsible for the management of the contracts, including telephone/facsimile contacts, email addresses, and cellular phones and pagers. BMG understands the overriding importance of responsibility -for and active participation in the services required of the City. RENEWALS AND CONTRACT NEGOTIOATIONS At City's request or direction, BMG shall assist in the, process of negotiating new contracts or the renewal and/or expansion of existing contracts:.- This assistance may range in the presentation of proposals and contracts to , . retaining qualified third party consultants to provide rent review or market analysis. BMG will act as the liaison and assist the Cityin all aspects of:the negotiation and contract implementation process. I . BMG INSURANCE BMG shall provide such insurance, liability, errors and omissions and bonding as is agreed to sufficiently protect the City. MANAGEMENT FEE BMG shall be compensated for its services on a percentage of revenue collect basis. That percentage shall be % of all revenue derived from each and all Contracts managed. Compensation for the Start-up phase shall be a flat monthly fee. 2 0 6 E SUMMARY It is the objective of BMG to create and implement a consistent and reliable process for the management of the numerous Contracts to which the City is party. This process will diminish the liability of the City, increase revenues and provide a timely level of communications between the City and all of it's Lessees. We believe that the performance of BMG in our ongoing relationship with the City at Marinapark is an excellent precursor of the success we can bring to all parties involved. s r Management Proposal To the City of Newport Beach This is a proposal from Bendetti Management Group (BMG) to the City of Newport Beach (City) to provide management services for those certain agreements and leases (Contracts' to which the City is a party. BMG proposes to provide a full spectrum of services to the City for each Contract according to the terms and conditions of the documents. We will provide particular emphasis in the following areas: • Contract analysis to insure clear understanding of all lease terms • Rent collection • Lessee accountability to Contract • Lessor accountability to Contract • Development of Audit procedures for each Contract The work -load represented by the number of Contracts to which the City is a party will mandate that BMG management be phased in over a period we recommend to be 12 months or less. To that end we propose the following Scope of Work: START-UP Each contract varies appreciably in format, quantity of work and type of property covered. There are varying degrees of time involved in properly administering the Contracts. BMG and City will mutually agree on the number of Contracts that shall initially come under BMG management. Once that determination has been made BMG shall commence the Contract Analysis portion of our proposal. CONTRACT ANALYSIS / ABSTRACT BMG will obtain all the books, records and documents from the City with respect to each Contract. BMG will then abstract each and every Contract for which it is to become agent. The abstracting process will be used as a guideline to understand each Contract, and the responsibilities of each of r the parties, all in a summary format. The process of abstracting the documents will be a timely and tedious page by page process. In the case of the Balboa Bay Club, there is only one Contract with eleven sources of income, but with Beacon Bay, there are 72 varying Contracts. It is proposed that the abstracting be completed prior to transferring the management responsibilities over to BMG. A sample abstract has been attached for the Balboa Bay Club and for one of the Beacon Bay Leases. REVENUE COLLECTION BMG shall collect all revenues and other payments due per each contract. It is the suggestion of Agent that rent statements be implemented where appropriate. All revenues collected shall be deposited through the Agent into an interest bearing account established by the City ("Depository Account', and BMG would be authorized to request, demand, collect and receive for all such. rent and other charges for deposit per the terms of each contract. ENFORCEMENT OF LEASES BMG shall be responsible, acting on behalf of City, to ensure through enforcement that all Lessees are complying with the terms of their agreement, including the collection of all revenues. Any non-compliance will be reported to the City with a recommended course of action to regain. compliance. This course of action would typically include a process of timely communications regarding any non-compliance, and then, if necessary, and with the prior approval of City for each instance, institute legal proceedings in the name of City. REPAIRS & MAINTENANCE BMG shall make, or cause to be made, all repairs and maintenance that are the City's responsibility under each Contract. These procedures shall including, where applicable, all maintenance to buildings and appurtenances, slips and marine facilities, grounds of the property, and any other area of responsibility for which the City may be contractually responsible. BMG shall arrange for periodic inspections of roof, structural, b44� Oa and mechanical systems by qualified independent contractors, approved by the City. FINANCIAL & ACCOUNTING BMG shall maintain a comprehensive system of office records, books and accounts, all of which shall belong to City, but be maintained in BMG's office in a safe and separate area. BMG shall maintain the books and accounts of City on a computer base accounting system, and BMG shall enter and record all of the financial transaction of each Contract and the property on said system, including the following (where applicable): • Tenant Rent Statements: These include all calculations for revenues and any past due amounts, including late charges, and are tied back into a rent roll and income statement • Rent Roll: Includes Lessee name, property ID/SF, Lease start/end dates, current revenue and sources, increase dates and amounts, comments, revisions to the foregoing as applicable. • Annual Budgets for a July/June fiscal year, and -prepared, in a format " acceptable to the City. • General Ledger • Delinquency List • Income Statements • Common Area Reimbursable Expense Reports • Variance Reports • Balance Sheets • Bank Statement • Bank Reconciliation • Cash Receipts reports • Copies of Checks INSURANCE BMG shall obtain insurance certificates from all vendors and contractors providing services to the property, and from each tenant, pursuant to their Contract. BMG shall maintain and update insurance files, pending renewal dates and verifications that coverage's are in compliance with each contract. R3 BMG PERSONNEL BMG shall devote the necessary resources to address all aspects of each Lease contract, ranging from "field" management to rent collection, auditing and financial accountability, as described in more detail below. BMG personnel will be skilled in the areas required to implement its responsibilities as Agent, including, but not limited to the areas of administrative, accounting and public and municipal relations. BMG shall employ such personnel as its employees, and not that of City. BMG shall provide City with a list of the personnel directly responsible for the management of the contracts, including telephone/facsimile contacts, email addresses, and cellular phones and pagers. BMG understands the overriding importance of responsibility for and active participation in the services required of the City. RENEWALS AND CONTRACT NEGOTIOATIONS At City's request or direction, BMG shall assist in the process of negotiating new contracts or the renewal and/or expansion of existing contracts: This assistance may range in the presentation of proposals and contracts 'to retaining qualified third party consultants to provide rent review or market analysis. BMG will act as the liaison and assist the City in all aspects of the negotiation and contract implementation process. BMG INSURANCE BMG shall provide such insurance, liability, errors and omissions and bonding as is agreed to sufficiently protect the City. MANAGEMENT FEE BMG shall be compensated for its services on a percentage of revenue collect basis. That percentage shall be % of all revenue derived from each and all Contracts managed. Compensation for the Start-up phase shall be a flat monthly fee. 2 4 0 SUMMARY It is the objective of BMG to create and implement a consistent and reliable process for the management of the numerous Contracts to which the City is party. This process will diminish the liability of the City, increase revenues and provide a timely level of communications between the City and all of it's Lessees. We believe that the performance of BMG in our ongoing relationship with the City at Marinapark is an excellent precursor of the success we can bring to all parties involved. s f Management Proposal To the City of Newport Beach This is a proposal from Bendetti Management Group (BMG) to the City of Newport Beach (City) to provide management services for those certain agreements and leases (Contracts' to which the City is a party. BMG proposes to provide a full spectrum of services to the City for each Contract according to the terms and conditions of the documents. We will provide particular emphasis in the following areas: • Contract analysis to insure clear understanding of all lease terms • Rent collection • Lessee accountability to Contract • Lessor accountability to Contract • Development of Audit procedures for each Contract The work -load represented by the number of Contracts to which the City is a party will mandate that BMG management be phased in over a period we recommend to be 12 months or less. To that end we propose the following Scope of Work: START-UP Each contract varies appreciably in format, quantity of work and type of property covered. There are varying degrees of time involved in properly administering the Contracts. BMG and City will mutually agree on the number of Contracts that shall initially come under BMG management. Once that determination has been made BMG shall commence the Contract Analysis portion of our proposal. CONTRACT ANALYSIS / ABSTRACT BMG will obtain all the books, records and documents from the City with respect to each Contract. BMG will then abstract each and every Contract for which it is to become agent. The abstracting process will be used as a guideline to understand each Contract, and the responsibilities of each of the parties, all in a summary format. The process of abstracting the documents will be a timely and tedious page by page process. In the case of the Balboa Bay Club, there is only one Contract with eleven sources of income, but with Beacon Bay, there are 72 varying Contracts. It is proposed that the abstracting be completed prior to transferring the management responsibilities over to BMG. A sample abstract has been attached for the Balboa Bay Club and for one of the Beacon Bay Leases. REVENUE COLLECTION BMG shall collect all revenues and other payments due per each contract. It is the suggestion of Agent that rent statements be implemented where appropriate. All revenues collected shall be deposited through the Agent into an interest bearing account established by the City ("DepositoryAccount', and BMG would be authorized to request, demand, collect and receive for all such. rent and other charges for deposit per the terms of each contract. ENFORCEMENT OF LEASES -BMG shall be responsible, acting on behalf of City, to ensure through enforcement that all Lessees are complying with the terms of their agreement, including the collection of. all revenues. Any non-compliance will be reported to the City with a recommended course of action to regain compliance. This course of action would typically include a process of timely communications regarding any non-compliance, and then, if necessary, and with the prior approval of City for each instance, institute legal proceedings in the name of City. REPAIRS & MAINTENANCE BMG shall make, or cause to be made, all repairs and maintenance that are the City's responsibility under each Contract. These procedures shall including, where applicable, all maintenance to buildings and appurtenances, slips and marine facilities, grounds of the property, and any other area of responsibility for which the City may be contractually responsible. BMG shall arrange for periodic inspections of roof, structural, W, LJ 171 and mechanical systems by qualified independent contractors, approved by the City. FINANCIAL & ACCOUNTING BMG shall maintain a comprehensive system of office records, books and accounts, all of which shall belong to City, but be maintained in BMG's office in a safe and separate area. BMG shall maintain the books and accounts of City on a computer base accounting system, and BMG shall enter and record all of the financial transaction of each Contract and the property on said system, including the following (where applicable): • Tenant Rent Statements: These include all calculations for revenues and any past due amounts, including late charges, and are tied back into a rent roll and income statement • Rent Roll: Includes Lessee name, property ID/SF, Lease start/end dates, current revenue and sources, increase dates and amounts, comments, revisions to the foregoing as applicable. • Annual Budgets for a July/June fiscal year, and prepared• in a format. acceptable to the City. • General Ledger • Delinquency List • Income Statements • Common Area Reimbursable Expense Reports • Variance Reports • Balance Sheets • Bank Statement • Bank Reconciliation • Cash Receipts reports • Copies of Checks INSURANCE BMG shall obtain insurance certificates from all vendors and contractors providing services to the property, and from each tenant, pursuant to their Contract. BMG shall maintain and update insurance files, pending renewal dates and verifications that coverage's are in compliance with each contract. 3 BMG PERSONNEL BMG shall devote the necessary resources to address all aspects of each Lease contract, ranging from "field" management to rent collection, auditing and financial accountability, as described in more detail below. BMG personnel will be skilled in the areas required to implement its responsibilities as Agent, including, but not limited to the areas of administrative, accounting and public and municipal relations. ajj P BMG shall employ such personnel as its employees, and not that of City. BMG shall provide City with a list of the personnel directly responsible for the management of the contracts, including telephone/facsimile contacts, email addresses, and cellular phones and pagers. BMG understands the overriding importance of responsibility for and active participation in the services required of the City. RENEWALS AND CONTRACT NEGOTIOATIONS At City's request or direction, BMG shall assist in the process of negotiating new contracts or the renewal and/or expansion of existing contracts: This assistance may range in the presentation of proposals and contracts to retaining qualified third parry consultants to provide rent review or market analysis. BMG will act as the liaison and assist the City in all aspects of the negotiation and contract implementation process. BMG INSURANCE BMG shall provide such insurance, liability, errors and omissions and bonding as is agreed to sufficiently protect the City. MANAGEMENT FEE BMG shall be compensated for its services on a percentage of revenue collect basis. That percentage shall be % of all revenue derived from each and all Contracts managed. Compensation for the Start-up phase shall be a flat monthly fee. 2 El SUMMARY It is the objective of BMG to create and implement a consistent and reliable process for the management of the numerous Contracts to which the City is party. This process will diminish the liability of the City, increase revenues and provide a timely level of. communications between the City and all of it's Lessees. We believe that the performance of BMG in our ongoing relationship with the City at Marinapark is an excellent precursor of the success we can bring to all parties involved. E ETTI BMAN Gn MENT • • /. GROUP Mobile Home Park Management Services 1176 Main Street Suite 100 Irvine CA 92614 TO: FROM: DATE: Glen Everoad City of Newport Beach Bill Mecham / Bob Bendetti May 10, 2002 RE: Compensation / Budget Dear Glen, We are completing the Balboa Lease abstract to include "contractor responsibilities". After looking to any comments from Bob Burnam, we will finalize. To respond to the request for some budgetary numbers, we propose the following: Management Fee of 5% of gross revenue (same as the Marina Park contract). 2. Lease abstracting $95 per hour for principal's time $45 per hour for secretarial 3. Balboa Bay Club Lease Annual Audit Cost: Recommending Robert Redowitz, CPA We will submit separate proposal and qualifications 4. To date we have spent 24 hours on the Balboa Bay Club Lease Abstract. It is not our intent to include that time on any billing and we do not expect that any other contract would entail that many hours. If, for example, the 72 Becon Bay leases are similar, it may take 6-8 hours to abstract the first one and 1-2 hours thereafter for each. We hope the fee that's proposed will assist you in your budgeting. Please give us a call to discuss the above. (949) 261-611WIl (949) 261.6660 PAX 0 • Carney, Seanne From: Carney, Seanne Sent: Friday, February 23, 2001 3:07 PM To: Everroad, Glen Subject: marinapark.xls mannapark.zls Dear Glen - As you can see in the attached document, the revenue from Marinaparkis $27,, 677.02less for the same perrodlastyear. I spoke with Dave Kiffand and Joe Albano (MadnaparkManager) and found out the following. - There was a meennglast yearin which Dave Kiffsaid that the City would refund the $2500 deposits, that had been taken in the distantpast, along with the interest. The worksheetfrom Marinaparkshows bow much credit is due to the 18residents that this applies to. Dave Kiffs office gave the figures to Madvapark as to bowmuch each resident was due. Additionally, the Citybaspurchased2oftheunitssorentisnolongerbeingcollected Thatwould a ccouat for $30, 664.08 oflost reven ue per year. I also spoke to Bill Mecbam atBendettl as to why the Nov 00payment was so low and the Oct 00 so high. He said thathe would research and get back tome. I also mentioned thathe should mute the payments to me forpromptposting and be said thathe needed an e-mail from you to confirm. His email address is mecham@bendetd.com. seance n 0 MARINAP Record of R Space # Residents Names 2000 Credit Due 2000 July 2000 August 2000 September 2000* October 2000 November FembejrJanuFary 20 2001 FebruaryMarch 2001 2001 April 2001 May Total Credit Received 4-A Gorman 5652.00 1129.42 1129.42 1129.42 1171.20 1092.540.0 0.00 0.00 0.00 0.00 5652.00 1-B Minky 4746.00 1129.42 1129.42 1129.42 1171.20 186.540.0 0.00 0.00 0.00 0.00 4746.00 3-A McDaniel 4746.00 1129.42 1129.42 1129.42 1171.20 186.54 0.00 0.00 0.00 0.00 0.00 0.00 4746.00 8-B Wood 4477.00 1129.42 1129.42 1129.42 1088.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4477.00 3-B Elliott 4224.00 1129.42 1129.42 1129.42 835.74 0!00 0.00 0.00 0.00 0.00 0.00 0.00 4224.00 11-B Brownstein 4224.00 1129.42 1129.42 1129.42 835.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4224.00 2-B Rettberg 3156.00 1129.42 1129.42 897.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3156.00 9-B Proctor 3126.00 1129.42 1129.42 867.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3126.00 1-1) lArons 5030.00 852.60 852.60 852.60 884.14 884.14 703.92 0.00 0.00 0.00 0.00 0.00 5030.00 11-C Bo in 4393.00 852.60 852.60 852.60 884.14 884.14 66.92 0.00 0.00 0.00 0.00 0.00 4393.00 8-1) Crawford 4224.00 852.60 852.60 852.60 884.14 76.06 0.00 0.00 0.00 0.00 0.00 0.00 4224.00 1-E Dowden 2978.00 797.28 797.28 797.28 586.16 0;00 0.00 0.00 0.00 0.00 0.00 0.00 2978.00 3-E Berry 3985.00 797.28 797.28 797.28 826.77 766.39 0.00 0.00 0.00 0.00 0.00 0.00 3985.00 10-E jErickson 3759.00 797.28 797.28 797.28 826.77 540.39 0.00 0.00 0.00 0.00 0.00 0.00 3759.00 8-E Gold 5652.00 797.28 797.28 797.28 826.77 826.77 826.77 779.85 0.00 0.00 0.00 0.00 5652.00 5-E Jacobs 5383.00 797.28 797.28 797.28 826.77 826.77 510.85 826.77 0.00 0.00 0.00 0.00 5383.00 1-A' Morhar 5652.00 0.00 0.00 1129.42411171.20 1171.20 1008.98 1171.20 0.00 0.00 0.00 0.00 5652.00 2-E Kem 5652.00 0.00 0.00 797.28826.77 826.77 826.77 826.77 826.77 720.87 0.00 0.00 5652.00 Total 81059.00 15579.56 15579.56 17011.74 1 14817.45 8974.25 3944.21 3604.59 826.77 720.87 0.00 0.00 81059.00 SPECIAL NOTES: * DENOTES ANNUAL RENT INCREASE OF 3.7% AS OF OCTOBER 01, 2000, We Fo.r j Soic-• Ofc 1,2 ,>- el TeN %4/eic Bra '3"A� 6 MARINAF Record of F Space # Resident's Names 2000 Credit Due 2000 Jul 2000 August 2000 September 2000• October 2000 November 2000 December 2001 JanuaryFebruaryMarch 2001 2001 2001 it 2001 May 4-A Gorman 8� 5652.00 1129.42 1129.42 1129.42 1171.2 1092.54 0.00 0.00 0.00 0.00 0.00 0.00 1-B Mink 6� 4746.00 1129.42 1129.42 1129.42 1171.20 186.54 0.00 0.00 0.00 0.00 0.00 0.00 3-A McDaniel 8 4746.00 1129.42 1129.42 1129.42 1171.20 186.54 ✓ 0.00 0.00 0.00 0.00 0.00 0.00 8-B Wood Q`L 4477.00 1129.42 1129.42 1129.42 1088.74 0.00 ✓ 0.00 0.00 0.00 0.00 0.00 0.00 3-B Elliott 4224.00 1129.42 1129.42 1129.42 835.74 ✓ 0.00 0.00 0.00 0.00 0.00 0.00 O.00 11-B Brownstein �� 4224.00 1129.42 1129.42 1129.42 835.74 d 0.00 v 0.00 0.00 0.06 0.00 0.00 0.00 2-B Rettbe QN- 3156.00 1129.42 1129.42 897.10 0.00 0.00 `� 0.00 0.00 0.00 0.00 0.00 0.00 9-B jProctor 3126.00 1129.42 1129.42 867.16 0.00 0.00 v 0.00 0.00 0.00 0.00 0.00 0.00 %� 503D.OD852.60 852.60 852.60 884.141�884.14 ✓ D 0.00 0.00 0.00 0.D0 0.00 in 4393.00 852.60 852.60 852.60 884.141/ 884.14 ✓ 66.92 0.00 0.00 0.00 0.00 0.00 rl-DArons Crawford 4224.00 852.66 852.60 852.60 884.14 782.06 ✓ 0.00 0.00 0.00 0.00 0.00 0.00 Dowden 2978.00 797.28 797.28 797.28 586.16 0.OD 0.00 0.00 0.00 0.00 0.00 0.00 3-E Beffy 3985.00 797.28 797.28 797.28 826.77 766.39 0.00 0.00 0.00 0.00 0.00 0.00 10-E Edckson G 3759.00 '797.28 797.28 797.28 826.77 '/ 540.39 '✓ 0.00 0.00 0.00 0.00 0.00 0.00 8-E Gold x 5852.OD 797.28 797.28 797.28 826J7 d 826.77 826.77 w 0.00 0.00 0.00 5-E Jacobs X 5383.00 1 797.28 797.28 797.28 826.77 ✓ 826.77 510.86 & - .7 0.00 0.00 - 0.00 0.00 1-A Morhar X 5652.00 0.00 0.00 1129.42 1171.20 1171.20' 1008.98 �ZD 0.00 0.00 0.00 0.00 2-E Kem 5652.00 0.00 0.00 797.28 826.77 826.77 826.77 826.77 826.77 720.87 0.00 0.00 Totat 81059.00 15579.56 15579.56 17011.7 114817. 55 8974.25 826.77 720.87 0.00 0.00 SPECIAL NOTE:' DENOTES ANNUAL RENT INCREASE OF 3.7°% AS OF OCTOBER 01, 2000 516 �9 � Z-C �Wlq lo-b rug I.2o e X drywau. - domts taped.-UBU IUW. or landings over 30" above grade. UBC 509.1 dings and for vertical pool fencing shall not be greater than 1712 and 6" before June 8,1992; 88 UBC Section 1711; 9" t must be 34 to 38 inches above tread nose. UBC 1006.9 Latch to be minimum of 54" above adjoining grade MC 15.09.030 ve carpeting). UBC 312.5 ackground on bldg, or fenced entrance. (NBMC 13.12.210) seismic strapping. HSC 19211 mpartment. lsq. WIOG0 BTU,100 sq. in. min. top and mustbe 18" above garage floor. UPC 510.1 emranent wiring (such as garage door opener, garbage , remove this cord. NEC 400.8 pemritted NEC 110.12, it should be removed from 1LL- 1 2 3 4 5 6 7 8 9 A B C D F G H I J K L R 0 EXIT DISPLAY REVENUE LEDGER ------------------ ___________________________________________________________- CITY OF NEWPORT BEACH PEI - COUNT SYSTEMS FUND ACCOUNTING MANAGER 01/18/00 PERIOD 7100 ------------------------------------------------------- _----------- __________+ QUERY: NEXT PREVIOUS FIRST LAST END DISPLAY PREVIOUS RECORD IN QUERY -----CODING STRUCTURE---- BUDGET RECEIPTS RECEIVABLES YEAR 00 1 530000.00 0.00-- 0.00 DIVISION 2700 2 0.00 0.00 0.00 ACCOUNT 5870 3 0.00 92686.03 / 0.00 FUND 010 4 0.00 45772. J� 0.00 FUNCTION 35 5 0.00 48099.55l-' 0.00 DEPARTMENT 2700 6 0.00 0.00 0.00 DIVISION SECTION 7 8 0.00 0.00 0.00 0.00 0.00 0.00 UNIT 9 0.00 0.00 0.00 PLANNING 10 0.00 0.00 0.00 SPACE RENTALS 11 0.00 0.00 0.00 12 0.00 0.00 0.00 13 0.00 0.00 0.00 BALANCE/TOTALS 343442.05 530000.00 186557.96 0.00 NO MORE RECORDS IN THIS DIRECTION 0 1 2 3 4 5 6 7 8 9 A B C D F G H I J K L R 0 EXIT DISPLAY REVENUE LEDGER +----------------------------------------------------------------------------+ CITY OF NEWPORT BEACH PEI - COUNT SYSTEMS FUND ACCOUNTING MANAGER 01/18/00 PERIOD 7/00 --------------------------------------------------- -------------------------- QUERY: NEXT PREVIOUS FIRST LAST END DISPLAY NEXT RECORD IN QUERY -----CODING STRUCTURE---- BUDGET RECEIPTS RECEIVABLES YEAR 99 1 585000.00 0.00 0.00 DIVISION 2700 2 0.00 41984.73 0.00 ACCOUNT 5670 3 0.00 45390.15 0.00 FUND 010 4 0.00 46527.33 0.00 FUNCTION 35 5 0.00 46839.33 0.00 DEPARTMENT 2700 6 0.00 47173.45 0.00 DIVISION 7 0.00 45956.40 0.00 SECTION a 0.00 0.00 0.00 UNIT 9 0.00 89487.78 0.00 PLANNING 10 0.00 45103.76 0.00 SPACE RENTALS 11 0.00 45233.99 0.00 12 0.00 46564.13 0.00 BALANCE/TOTALS 39966.45 13 0.00 585000.00 772.50 545 33.55 0.00 0.00 NO MORE RECORDS IN THIS DIRECTION E 1 2 3 4 5 6 7 8 9 A B C D F G H I J K L R 0 EXIT DISPLAY REVENUE LEDGER +----------------------------------------------------------------------------+ CITY OF NEWPORT BEACH PEI - COUNT SYSTEMS FUND ACCOUNTING MANAGER 01/18/00 PERIOD 7/00 ♦--------------------------------------------------- -------------------------+ QUERY: NEXT PREVIOUS FIRST LAST END DISPLAY PREVIOUS RECORD IN QUERY ---CODING STRU E---- BUDGET RECEIPTS RECEIVABLES YEAR 98,f 1 585000.00 43820.18 0.00 DIVISION 00 2 0.00 2801.37 0.00 ACCOUNT 5670 3 0.00 46702.14 0.00 FUND 010 4 0.00 41676.16 0.00 FUNCTION 35 5 0.00 47269.19 0.00 DEPARTMENT 2700 6 0.00 43027.85 0.00 DIVISION 7 0.00 45313.24 0.00 SECTION 8 0.00 45452.91 0.00 UNIT 9 0.00 42836.23 0.00 PLANNING 10 0.00 45855.18 0.00 SPACE RENTALS 11 0.00 40599.71 0.00 12 0.00 45536.34 0.00 13 0.00 35816.85 0.00 BALANCE/TOTALS 58282.65 585000.00 526717.35 0.00 0 1 2 3 4 5 6 7 8 9 A B C D F G H I J K L M R ... DISPLAY REVENUE LEDGER +------------------------------------------------------------ ---------------- CITY OF NEWPORT BEACH PEI - COUNT SYSTEMS FUND ACCOUNTING MANAGER 09/14/00 PERIOD 3/01 +--------------- ------------------------------------------------------------- QUERY: NEXT PREVIOUS FIRST LAST END DISPLAY NEXT RECORD IN QUERY -----CODING STRUCTURE---- BUDGET RECEIPTS RECEIVABLES YEAR 00 1 530000.00 0.00 J04 0.00 DIVISION 2700 2 0.00 0.00 A u 0.00 ACCOUNT 5670 3 0.00 9258G.03 - S e A 0.00� FUND 010 4 0.00 45772•.37 -sp 0.00 FUNCTION 35 5 0.00 48099.55 nt 0.00 DEPARTMENT 2700 6 0.00 0.00 0.00 DIVISION 7 0.00 94772.1241t)V btC' 0.00 SECTION 8 0.00 47733.90 J Ark 0.00 UNIT 9 0.00 47898.13 re10 0.00 PLANNING 10 0.00 45216.60 mat,` 0.00 SPACE RENTALS 11 0.00 46467.28 0.00 12 0.00 0.00 13 0.00 0.00 0.00 BALANCE/TOTALS 15111.27 530000.00 514888.73 0.00 NO MORE RECORDS IN THIS DIRECTION kG GOVER MENTAL FINANCIAL SERVICVS F S June 12, 2000 Mr. Dave Kiff Deputy City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Dear Mr. Kiff: At your request, we are providing this proposal to test the records at Bendetti Management Group (Operator) relating to the revenues and expenditures of the Marina Mobile Home Park for the year ended December 31, 1999. We intend to perform the following procedures listed below: 1. Obtain copies of the deposits and monthly transactions from the City. 2. Inquire of"staff about th'e,proo'e'durd8lo record revenues and monitor unpaid rents. 3. `On a test basis' (we 'intend to 'select six days to' test), agree the cash receipts to the b2nk deposit. 4. On a test basis (we intend to select one month for each of six spaces), compare the dates of the payments to the actual payment dates for the prior month, current month and subsequent month. 5. We will compare the gross rents for the year to the total potential rents (assuming 100%occupied and paid) to calculate the average annual percent occupancy. 6. We will re -compute the Operator's fee withheld for all twelve months. 7. Inquire of staff about the procedures to record disbursements. 8. On a test basis (we intend to select six disbursements over $500), either agree the disbursement to documented City approval, or verify (by identifying prior and subsequent payments) that the disbursement is a recurring charge. 9. Prepare a report indicating our findings. We make no comment as to the sufficiency of the procedures. Fees for our services are based''on the level of work performed and the number of hours. We estimate our maximum fees will be $4,000. Our hourly rates are as follows: Level of work Performed Rate Principal $ 75 Senior 45 580 WEST LAMBERT ROAD, SUITE K, BREA, CA 92821 PHONE: (714) 255-1177, FAX: (714) 773-1088 V Mr. Dave Kiff • Mobile Home Park Proposal June 12, 2000 Page 2 Thank you for providing us the opportunity to present this proposal. We would be pleased to provide any additional information or answer any questions you may have regarding our proposal. Please acknowledge acceptance of this proposal by signing and returning a copy of this letter for our files. Very truly yours, GOVERNMENTAL FINANCIAL SERVICES i Michael Matsumoto Principal ACCEPTANCE OF PROPOSAL By. kLACL, Date. 7wvc, 1R� ZOtiy I BENDETTI MANAGEMENT GROUP April 19, 2000 Dave Kiff Deputy City Manger City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Dave, Attached is a copy of our last contract with the City. It is acceptable to us to do an extension of this document. As I recall, this lease format was designed by the City Attorney's office. It seems appropriate for them to do a one page MOBILE extension. Let me know if this is acceptable. HOME PARK Sincerely, MANAGEMENT in SERVICES BILL MECHAM 1176 MAIN STREET SUITE 100 IRVINE CA 92614 (949) 261.6111 (949) 261.6660 FAX 0• PROPERTY MANAGEMENT AGREEMI I. 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 parties and ending March 31, 2000 cause upon thirty (30) days written IV. AGENT'S DUTIES: the period beginning upon final approval by both Either party may terminate this Agreement without notice. 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 •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. 9 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. 7. 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. 00 00 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. B. 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 9 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. 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. A 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: Governinq 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. rl 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: 0 Kevin J. Murphy, City Manager 3300 Newport Blvd. Newport Beach, CA 92663 APPROVED AS TO FORM: City Attorney 7 AGENT: BENDETTI MANAGEMENT GROUP Date: 0 Robert D. Bendetti, Principal 1176 Main Street, Suite 100 Irvine, CA 92614 PROPERTY MANAGEMENT AGREEMENT 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: 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 ~r� 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 anyway 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. OA ---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. 7. 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 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: 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 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 ih 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. 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 rat& 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. 5 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. 9 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: AGENT: CITY OF NEWPORT BEACH BENDETTI MANAGEMENT GROUP Date: Date: 22� 1 Cot? By: By: -?m-1 I e i , . Murp y, ' y Manager Ro . Bendetti, Principal 3300 Newport Blvd. 1176 Main Street, Suite 100 Newport Beach, CA 92663 Irvine, CA 92614 AS TO FORM: I _1 M('cQna�rQA.�,t, CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, 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 Mana ement Grou Address 1176 Main Street Suite 100 Irvine, CA 92714 Amount of Contract (See Agreement) &eel'C4"s Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • 0 (0) TO: FROM: AGENDA ITEM NO. 17 CITY OF NEWPORT- BEACH OFFICE OF THE CITY MANAGER MAY 9, 1994 MAYOR AND CITY COUNCIL ASSISTANT CITY MANAGER SUBJECT: MARINA MOBILE HOME PARK C-2ff5 By MN( 91994 ACTION: 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. 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 thiscontractbe approved. "Kennethlino - 2143 PROPERTY MANAGEMENT AGREEMENT I. PARTIES This Agreement is made this /(v day of `U�'''� 1994, by and between THE CITY OF NEWPORT BEACH, a municipal corpor tit( on (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. 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 customaryand 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: 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. Aoent'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 forthe 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. • _171 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 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. u•1 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: 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. M 0 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. 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 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: 1. Governinq 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. ,Si ,cessor: 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. 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. 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. 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: AGENT: CITY OF NEWPORT BEACH BENDETTI MANAGEME/NT GROUP Date: Date: 5��4` g-T By: By: KeVirf J. Muohyfflfty Manager Robert D. Bendetti, Principal 3300 Newport Blvd. 1176 Main Street, Suite 100 Newport Beach, CA 92663 Irvine, CA 92714 AS TO FORM: Attorney THE BEND,ETTI CO. ID:7142616660 SEP 21,94 14:53 No.011 P.01 • BENDETTI MANAGEMENT GROUP Ih,RI; MANAW MINT it uvlc.rc I M, NJAM SYIlLI•I SuuI.I00 NMI! C:A 92714 TO: FROM: DATE: SUBJECT: KEN D];L1N0 �---�' BILL MECHAM September 21,1994 PARK LANDSCAPING 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. It is my recommendation that we revert to a professional landscaping service. I have bids for this service of $675.00 per month and $700.00 per month. This decision will allow me to restructure the assistant manager's 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: �/ ! 714(161-6111 7I4f:91-G(Ci0 FAX 1 `i BENDET'I MANAGEMENT GROUP August 3, 1994 Ken Delino 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: W)BI" 1. On the 20th of each month we will forward to the City a checkwhich Flomr. will represent an educated estimate of the revenue which will be due PARK ,the City after all bills and invoices have been paid. MANAGEMENT 2 On the loth of the following month you will receive a detailed SERVIas 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, SIwRI I I Su❑ 100 BILL MECHAM h m: C.1 Q2714 714261-6111 714261.6660 PAX EMPLOYMENT AGREEMENT Marina Park through its 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 furnished 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, fuuniture, 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 AUTHORIZED AGENT 3 a �• 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: June 30, 1994 SUBJECT: Contract No. (714) 644-3005 C-2983 Description of Contract Property Management for Marina Mobile Home 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) "Wl� 6 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach (0) AGENDA ITEM NO. 17 CITY OF NEWPORT- BEACH OFFICE OF THE CITY MANAGER MAY 91 1994 x APPROVED TO: FROM: MAYOR AND CITY COUNCIL ASSISTANT CITY MANAGER SUBJECT: MARINA MOBILE HOME PARK ('- 2�f3 ACTION: 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. 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 rLKemn mended that this contract be approved. nethJ. lino 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: 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 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 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. 2 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 theirtenancy. 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. 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 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: 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. 0 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 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. 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: KeVirf J. Mupphyyfflfty Manager 3300 Newport BrVd. Newport Beach, CA 92663 AS TO FORM: Attorney AGENT: BENDETTI MANAGEMENT GROUP Date: a 1176 Main Street, Suite 100 Irvine, CA 92714 i7 • THE BENDETTI CO. ID:7402616660 SEP 21140 14:53 No.011 P.01 F i f BENDETTI MANAGEMENT GPOIJP M011111: I It ml I. I'ARK MANAW-WNT 91reu.,a 11'16 MAIN STRU•I $t1111. 100 NMI! TO; KEN DEL1NO FROM; BILL MECHAM DATE; September 21,1994 SUBJECT; PARK LANDSCAPING 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 out 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. It is my recommendation that we revert to a professional landscaping service. I have bids for this service of $675.00 per month and $700.00 per month. This decision will allow me to restructure the assistant manager's 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: 1� CA 91714 714/261.6111 7W261-66601'ax BENDETI'I MANAGEMENT GROUP August 3, 1994 Ken Delino Assistant City Manager City of Newport Beach 3360 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: p RI ` 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 Ruts, the City after all bills and invoices have been paid. MANAMILNr 2 On the loth of the following month you will receive a detailed 51 iiv"" 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, MAIN /n'^ MAIN $rRLLT Suirc100 BILL MECHAM IRVIN[. CA 92714 714261-6111 714261-6600 FAN f EMPLOYMENT AGREEMENT Marina Park through its 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 furnished 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, fiuniture, 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 2 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 !O T n DAY OF AUGUST, 1993 EMPLOYEE 'S AUTHORIZED AGENT 3 I!/i e m o CITY OF NEWPORT BEACH C�</FOPH' TO: Finance Department FROM: Asst city manager DATE: May 31, 1994 SUBJECT: Marina Park Effective July 1 1994 Residents will no longer send their rent to the City but will remit to the Rendetti rimip, who will then remit to City with statement Please make appropriate changes to your procedures i.OPIES TO: SIGNATURE I • V TO: j CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3005 >±INANCE DIRECTOR 2 -/ - 954 FROM: CITY CLERK, DATE: February 1, 1994 SUBJECT: Contract No. C-2983 Description of Contract Marina Park Management 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) "74a�a' (e, Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach TO: FROM: SUBJECT: ACTION: City Council Agenda Item No. a r riF.• r.t W , ... CITY OF NEWPORT BEACH' OFFICE OF THE CITY MANAGER JANUARY 10, 1994 MAYOR AND CITY COUNCIL DEPUTY CITY MANAGER MARINA PARK MANAGEMENT CONTRACT 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. Do 0 KJD:mb 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 garden! 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. 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. , 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. Property Management Agreement Page 4 6. Governmental Order to Repair,: 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: 1. Governino 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. 0 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. EntireAgreement: 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 c - z9Z3 PROPERTY MANAGEMENT AGREEMENT I. 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"). 11. 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 orto 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. 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. Property Management Agreement Page 4 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: City shall pay Agent for its property management services Three thousand nine hundred dollars ($3900) per month in advance. 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. r 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 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 APPROVED AS TO FORM: Attorney AGENT: BENDETTI MANAGEMENT GROUP Date: By: Roe D. BendettI, Principal 1176 Main Street, Suite 100 Irvine, CA 92714 CITY COUNCIL AGENDA ITEM NO. CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER JULY 26,1993 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: MANAGEMENT AGREEMENT FOR MARINA PARK ACTION: If desired, approve and authorize the Mayor and City Clerk to execute a contract with Marina Park Residents' Association for management services subject to minor technical revisions. BACKGROUND: The previous manager of the mobile home park retired July 1, 1993 and a replacement has not yet been hired. This position requires a responsible employee who can relieve staff of the day-to-day details involved with the increasing complexity of resident requests and mobile home residency laws. Many experienced and trained managers as well as professional companies can provide this service. However, the park residents have vehemently opposed selection of any manager other than the handyman hired by the previous manager. To accommodate the wishes of the residents and the desire of staff to relinquish micro management duties, a compromise has been reached with the participation of Council Member Hedges to allow the Residents' Association to supervise the park manager. DISCUSSION: The attached contract provides to the Association the responsibility and the funds necessary to hire and supervise all personnel and to purchase all supplies for the normal operation and maintenance of the park. The funds amount to that included in the Marina Park budget for 1993-94. The contract also requires that the Association comply with all mobile home residency laws within six months. The contract has a thirty day termination clause for any reason by either party. Depending on how fast the residents can approve it, the contract will commence either August 1st or September 1 st and will terminate at the end of the fiscal year. RECOMMENDATION: The attached contract not only satisfies the immediate concerns of the residents and staff, it also provides a trial period for a proposed provision in any new lease which may be negotiated. Day to day management of a mobile home park is not an efficient use of City staff, and the residents have indicated a willingness to assume this responsibility. This contract and its thirty day termination provision provide an opportunity to test that concept with little risk. Staff recommends approval. j , n ;, KJD:mb 0 napark Management) 1. PARTIES: This Agreement is made this day of 1993, by and between THE CITY OF NEWPORT BEACH, a municipal corporation (hereinafter called 'City") and the Marinapark Residents' Association (herein after called 'Contractor') represented by the following named individuals I , and 11. EXCLUSIVE AGENCY: In consideration of the property management services to be rendered by Contractor pursuant to this Agreement, City hereby designates Contractor 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'). 111. TERM: This Agreement.shall become effective on the date first above written and shall terminate July 1, 1994. Either party may terminate this Agreement upon thirty (30) days written notice. IV. CONTRACTOR'S DUTIES: Contractor 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 Contractor further agree that Contractor's authorities, duties, and responsibilities with respect to the park shall be as follows: Manage, operate and maintain the Park including: a. the employment, supervision and discharge, as employees or independent contractors of Contractor, of all personnel, professional or otherwise, necessary to the proper management, operation and maintenance of the Park, the actions and omissions of whom shall not in any way be the responsibility of City's. Contractor shall not enter any contract with any firm or individual that includes a term longer than this contract and that does not provide for a thirty -day termination coterminous with Contractor's termination, b. the customary and ordinary maintenance and repair of the Park Including all landscaping, sprinklers, restrooms, employee coaches, office, signs, mail boxes and similar facilities and fixtures located above ground. Contractor shall Da be responsible for major underground infrastructure repairs or for any other major repairs which are either normally the responsibility of an owner or which exceed a cost of one thousand dollars ($1,000.00), C. the supervision of any and all services and utilities 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, Professional Services Corat Page 2 d. the maintenance of office hours and the enforcement of all Marina Park Rules and Regulations, 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 atinfl Expenses* Contractor shall pay all employee costs and all the following operating expenses: landscape, gardening, trash hauling, cleaning/maintenance supplies and specialized tradesmen such as plumbers and electricians. It is understood and agreed by the parties hereto that all costs related to the normal maintenance and operation of the Park are to be paid from Contractors funds. However, under no circumstances whatsoever shall Contractor be required to advance or otherwise expend Contractor's own funds for the benefit of the Park. 3. Contractor's Authority: City does hereby authorize and direct Contractor to do everything reasonably necessary 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, hiring independent contractors to supply services, and requesting such additional sums from City as necessary to accomplish repairs or maintenance costing in excess of one thousand dollars ($1,000.00). Contractor shall obtain City's approval for any expenditure in excess of $1,000.00 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 Contractor such repairs are necessary to prevent additional damage and/or liability or a greater total expenditure. 4. Employee GoacheaL Contractor shall control the use and occupancy of the two coaches in the Park owned by the City and reserved for use by Park employees. Contractor shall ensure that these coaches are vacated upon termination of this contract. Records: Contractor shall within six (6) months from the commencement of this Agreement compile those records, books, and accounts as required by applicable state and federal law pertaining to -mobile home parks. V. OWNER'S DUTIES: Contractor and City agree that City's authorities, duties and responsibilities with respect to the Park shall be as follows: 1. information to Contractor: City agrees to promptly furnish Contractor 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 Contractor's misconduct or negligence, City shall indemnify and save the Contractor 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 or exercise of any of the duties, obligations, powers, or authorities herein or hereafter granted to Contractor. Professional Services ConOt • Page 3 3. Insurance, The City is a self -insured public agency. City agrees to consider all reasonable recommendations of Contractor 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 Contractor 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 Contractor upon demand, to the full extend for all monies advanced by Contractor carrying out the purpose of this Agreement, provided; however, that nothing contained herein shall oblige Contractor to make such advances. g, Qovernmental 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 Contractor, the owner fails to authorize Contractor or others to make such repairs, alterations, or removals, Contractor shall be released from any responsibility in connection therewith, and City shall be answerable to such body for any and all penalties and fines whatsoever imposed because of such failure on Contractors part. 7, c:nntractor's Fee: City shall pay Contractor for its property management services four thousand nine hundred dollars ($4,900.00) per month in advance payable on the first day of each month. Contractor shall maintain records and accounts of all expenditures for Inspection by the City at any time. At the termination of this contract all unexpended funds shall be returned to the City. g, Duty to Cooperate: City agrees to cooperate with Contractor to facilitate Contractor's performance on its duties hereunder. VI. MISCELLANEOUS TERMS1 1. Cov rninp aw: 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 representative, successors, and permitted assigns, provided, however, that this Agreement may not be assigned by the Contractor or City without the prior written consent of the other parry. 3, gelationshio 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, 1egal Costs Where legal assistance is required for such matters as enforcing the terms of any mobile home 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 Contractor or City shall Institute legal proceedings against the other arising out of the terms of this Agreement or the performance hereunder. adexpenses esIncurred urredi party shall anysuchactionorm the other, all ttorney's fees, costs, an Professional Services Con*t Page 4 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 Contractor 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 Agreement• This Agreement sets forth the entire agreement between the parties hereto, and fully supersedes any and all prior agreements or understandings bewteen the parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. CITY: CONTRACTOR: CITY OF NEWPORT BEACH MARINAPARK RESIDENT'S ASSOCIATION Date: Date: By: Clarence J. Turner, Mayor Attest: City Clerk Approved as to form: City Attorney By: President 1770 West Balboa Blvd Newport Beach CA 92663 Vice President Treasurer