HomeMy WebLinkAboutWESTERN SENIORS HOUSING, INC. - 2001-09-17CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: October 2, 2001
TO: Western Seniors Housing, Inc. ATTENTION: Vicky Clark
Name
359 San Miguel Drive, Suite 300 DEPARTMENT:
Street
Newport_Beach,_ CA 92660 REGARDING: Mgmt. Agreement
City, State, Zip — - — �
Emerald Cove Senior Housing Pro'.
See Attached Action Agenda Item E-17 Date of Approval 9i 17/01
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page
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1Telephone: 714.536-5227)
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MANAGEMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WESTERN SENIORS HOUSING, INC. FOR THE
MANAGEMENT OF EMERALD COVE SENIOR HOUSING PROJECT
TABLE OF CONTENTS
1. PURPOSE........................................................................................................................... .. I
2.
SITE........................................................................................................ ........1
3.
TERM OF AGREEMENT AND TERMINATION ............................................
4.
MANAGEMENT FEE............................................................................................................
2
5.
SERVICES NOT COVERED BY MANAGEMENT FEE ....................................................
2
6.
MARKETING ............................. ............................... .............................................................
3
7.
RENTALS...............................................................................................................................3
8.
COLLECTION OF RENTS AND OTHER RECEIPTS........................................................
4
9.
OPERATING ACCOUNT......................................................................................................
4
10.
DISBURSEMENTS FROM OPERATING ACCOUNT.......................................................
4
11.
ANNUAL OPERATING BUDGET.......................................................................................
5
12.
TENANTS' ACTIVITIES ACCOUNT..................................................................................
6
13.
ENFORCEMENT OF LEASES.............................................................................................
6
14.
WAITING LISTS AND APARTMENT MOVES.................................................................
6
15.
MAINTENANCE AND REPAIR..........................................................................................
7
16.
UTILITIES AND SERVICES................................................................................................
8
17.
EMPLOYEES............................................................................................................
.. 8
18.
BOOKS, RECORDS, AND REPORTS.................................................................................
9
19.
FIDELITY BOND................................................................................................................ 10
20.
BIDS, DISCOUNTS, REBATES, ETC................................................................................
10
21.
ON -SITE MANAGEMENT FACILITIES...........................................................................
10
22.
TRANSFER OF MANAGEMENT.......................................................................................
10
23.
HOLD HARMLESS.............................................................................................................
10
24.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE.........
11
25.
.........................................
GENERAL LIABILITY INSURANCE ............................. ......... 11
26.
CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS ......
12
27.
NONDISCRIMINATION.....................................................................................................12
28.
NOTICES..............................................................................................................................12
29.
CONTRACT ADMINISTRATOR......................................................................................
13
30.
COVENANTS, REPRESENTATIONS AND WARRANTIES ..........................................
13
31.
HAZARDOUS MATERIALS.............................................................................................. 14
32.
NO ASSIGN'VIENT..............................................................................................................
14
3 3.
FORCE MAJEURE - UNAVOIDABLE DELAYS............................................................
14
34.
COMPLIANCE WITH LAWS.............................................................................................
14
35.
BIN -DING ON HEIRS AND SUCCESSORS....................................................................... 15
36.
NTERPRETATION OF THIS AGREEMENT ................................................................... 15
37.
WASTE OR N2iISANCE..................................................................................................... 15
38.
INSURANCE HAZARDS .......... _........................................,.............,.................,...............
15
39. INSURANCE PROCEEDS.................................................................. .. 15
40. TIME OF ESSENCE............................................................................................................ 16
41. GOVERNI ING LAW............................................................................................................. 16
42. SURVIVAL.................................................................................................16
43. CITY EMPLOYEES AND OFFICIALS.............................................................................. 16
44. IMMIGRATION ................................................................................................................... 16
45. LEGAL SERVICES SUBCONTRACTING PROHIBITED ............................................... 16
46. ATTORNEY'S FEES........................................................................................................... 16
47. WAIVER OF BREACH....................................................................................................... 17
48. DUPLICATE ORIGINAL................................I................................................................... 17
49. CAPTIONS........................................................................................................................... 17
50. SOLE AND ONLY AGREEMENT ....................................... .... 17
1]
MANAGEMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WESTERN SENIORS HOUSING, INC. FOR THE
MANAGEMENT OF EMERALD COVE SENIOR HOUSING PROJECT
THIS MANAGEN&NJ AGREEMENT ("Agreement") is made and entered into this 17th day of
September by and between the CITY OF HCNTINGTON BEACH, a municipal
corporation of the State of California ("City") and WESTERN SENIORS HOUSING, INC., a
California corporation ("Manager").
WHEREAS, City desires to engage the services of a management company to provide
management services for the Emerald Cove Senior Housing Project ("Site") and Manager has
been selected to perform said services.
NOW, THEREFORE, it is agreed by City and Manager as follows:
1. PURPOSE
The purpose of this Agreement is to provide for the management of the "Site". The management
of the Site pursuant to this Agreement and the fulfillment of this Agreement are in the vital and
best interests of City, and the health, safety, morals and welfare of its residents, and in
accordance with the public purposes and provisions of applicable Federal, State and local laws
and requirements.
2. SITE
The Site is that portion of the land shown on the map of the "Site." incorporated herein by this
reference and attached hereto as Exhibit "A" and located at 18191 Parktree Circle, Huntington
Beach, California, 92648. A senior affordable housing development (known as the "Emerald
Cove Senior Housing Project" and hereinafter referred to as "Emerald Cove") consisting of the
land, buildings, comprising one hundred sixty-four (164) dwelling units. and other improvements
is located on the Site. City is the owner of the Site and Emerald Cove.
3. TERNI OF AGREEMENT AND TERMINATION
This Agreement shall be in effect for a period of five (5) years beginning on the 1 st day of
October, 2001 (the "Commencement Date"), and ending on the 30th day of September, 2006,
subject, however to the following conditions:
A. City shall have the option of extending this Agreement twice in increments of two (2)
years and shall give written notice of its intent to exercise this option six (6) months
prior to the expiration of this Agreement. Manager must submit in writing within
thirty (30) days from receipt of City's notice that it agrees to continue as a party under
the same terms and conditions of the Agreement for the stated two (2) year extension.
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B. All services contracted for under this Agreement must be performed in a manner
acceptable to City. City shall have the power to terminate this Agreement at any time
if City determines that Manager has breached this Agreement, by giving Manager
thirty (30) days written notice, whether or not the term of Agreement has ended.
C. In addition to the above, City may terminate this Agreement at any time upon sixty
(60) days written notice if City determines that it does not have sufficient funds to
pay for Manager's services under this Agreement.
D. In the event a petition in bankruptcy is filed by or against Manager, or in the event
Manager makes an assignment for the benefit of creditors or takes advantage of any
insolvency act, City may terminate this Agreement immediately upon written notice
to Manager of such termination.
E. In the event of condemnation, the Agreement shall terminate as of the date title to the
Site vests in the condemning authority. If any property described herein or
hereinafter added hereto is taken in eminent domain, the entire award shall be paid to
City. This Agreement shall have no condemnation value to Manager-
F. Upon termination, Manager will submit to City all records, including all financial
ledgers, as specified in, but not limited to, Section 18 of this Agreement. After the
parties have accounted to each other with respect to all matters outstanding as of the
date of termination. City will return to Manager its fidelity bond, in form and
principal amount as determined by City, minus any unpaid obligations or liabilities
Manager incurred under this Agreement.
4. MANAGEMENT FEE
Manager shall be entitled to a Management Fee for its services under this Agreement equal to
Eighteen Dollars and Twenty -Five Cents (S 18.25) per leased unit per month prorated for any
lease entered into or terminated after the first of the month. The Management Fee shall be due
and payable monthly to Manager on the first day of each month, commencing at the end of the
first full calendar month of the term hereof. On the first day of each subsequent month. City will
transfer this monthly Management Fee to the Operating Account conditioned upon City's prior
receipt and written approval of Manager's prior monthManagement Fee calculation. Manager
is authorized and empowered to withdraw the monthly Management Fee from the Operating
Account after it has been deposited into such account by City.
5. SERVICES NOT COVERED BY MANAGEMENT FEE
The following expenses shall not be borne by Manager, but shall in all cases by paid for directly
from the Operating Account for the Site:
A. Resident manager.
B. Other on -site staff, listed in Section 17 of the Agreement.
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C. Auditing expenses, finance and accounting materials and senices.
D. Maintenance and repairs.
E. Security personnel, if required.
F. Around -the -clock personnel, as pre -approved in writing by City.
G. Cost of eviction proceedings.
6. MARKETING
Manager will market the Site as is necessary for full and continued occupancy of Emerald Cove,
according to a tenant selection policy as specified by City. Manager will begin marketing upon
execution of this Agreement and all associated marketing expenses shall be paid out of the
Operating Account (defined in Section 9 of this Agreement), and such expenses shall not exceed
the amount budgeted for that expense in the Annual Operating Budget (defined in Section 11 of
this Agreement) without prior written consent from City.
7. RENTALS
Manager will offer for rent and will rent the dwelling units, parking spaces, and other rental
facilities located on the Site. Incident thereto, the following provisions will apply:
A. Manager will follow the tenant selection policy as specified by City.
B. Manager will show the Site and will provide a step-by-step process required for
tenancy to prospective tenants.
C. Manager will take and process applications for rentals. Manager will review
applications based upon objective criteria agreed upon by both City and Manager. If
an application is rejected, the application along with a completed criteria sheet
indicating rating will be kept on file for one (1) year.
D. Manager will prepare all tenant leases and parking permits using forms that have been
submitted and pre -approved in writing by City, and will execute the same in City's
name.
E. Manager will submit to City annually a proposed rent schedule showing the proposed
rent increases for dwelling units, and other charges for facilities and services. The
proposed rent schedule shall be based upon a market comparison with similar type
units and facilities, which shall be completed by Manager. City will review such rent
schedules and will make adjustments as will best suit its purpose. No increase in
rents or fees shall be presented or implemented to the tenants of the Site without the
prior express written consent of City.
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8. COLLECTION OF RENTS AND OTHER RECEIPTS
Manager will collect when due all rents, security deposits, late charges and other amounts
receivable on City's account in connection with the management and operation of the Site.
Manager, upon execution, will use the current rent and security schedule incorporated herein and
attached hereto as Exhibit `B", which is incorporated herein by this reference, as the basis for
collection. Such receipts will be deposited directly in bank account(s) designated by City.
Manager will send City monthly reports of all collected delinquent rents.
9. OPERATING ACCOUNT
City shall establish an account in the name of Manager to pay for certain operating expenditures
described in this Agreement (the "Operating Account"). Manager shall have signature authority
over this account and be entitled to withdraw disbursals from the Operating Account for
reimbursable costs pre -approved in writing by City, no more frequently than once each calendar
month. City shall deposit Thirty Thousand Dollars (S30,000.00) into this account as an initial
balance to cover approved expenses for the first month of this Agreement. Manager shall refund
this $30,000.00 amount to City upon termination of this Agreement. In no event shall an amount
be disbursed from the Operating Account for a particular expense to the extent such expense
exceeds the amount budgeted for that expense in the Annual Operating Budget as specified in
Section 11 of this Agreement. In case of an emergency, Manager maybe entitled to additional
disbursal(s) from the Operating Account to cover the additional expenses arising from such
emergency, and upon submission of a report and prior written approval by City.
Upon monthly submission and City's written approval of the report required by Section 18 of
this Agreement, City shall effect a transfer into the Operating Account in the amount of the
approved expenses. In addition to the monthly reimbursement from the Operating Account by
City, City may reimburse the Operating Account as needed to meet operating expenses, upon
presentation by Manager and prior written approval by City of In dices for authorized expenses.
10. DISBURSEIVIENTS FROM OPERATING ACCOUNT
From the funds in the Operating Account, Manager will make the following disbursements after
presentation of an invoice to City and City's written approval thereof and subsequent transfer of
these funds into the Operating Account:
A. Reimbursement for compensation payable to Manager's employees including all taxes
and assessments payable to local, State, and Federal governments in connection with
the employment of such personnel. Manager will be responsible for remitting all
required payroll items and is the employer of record.
B. The payments required to be made by City for taxes and assessments, fire and other
hazards insurance premiums, and rental interruption insurance premiums for the Site.
C. All sums otherwise due and payable by City as expenses of Manager authorized to be
incurred by Manager under the terms of this Agreement, including the Management
Fee payable to Manager for its services hereunder.
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11. ANNUAL OPERATING BUDGET
Manager shall submit to City, by February 1 of each year that this Agreement is in effect, a
proposed budget for the following year (the "Annual Operating Budget"). The Annual Operating
Budget shall, to the extent applicable, include:
A. A statement of all revenues estimated to be derived from the Site, including, but not
limited to all sums payable, pursuant to all leases, and all sums payable in lieu
thereof, including, but not limited to, insurance proceeds payable as a result of
business interruption and damages payable in lieu of rent, and all advances estimated
to be required to balance the budget.
B. A statement of estimated costs and expenses regularly incurred, including, but not
limited to, the following:
i) All costs and expenses to be incurred in connection with the management,
operation, maintenance, or repair of the Site, including, but not limited to:
1) All sums payable under service contracts, including, but not limited to,
agreements related to air-conditioning and heating, general cleaning, utilities,
refuse removal, grounds and plant maintenance, pest control, security,
windowing cleaning, etc.
2) All other charges, costs and expenses of a regular nature for services and
supplies provided to and for the benefit of the Site and in the normal operation
thereof.
ii) The installments of impositions and insurance premiums as may be required.
C. A statement of costs and expenses of an extraordinary nature, including, but not limited
to, the following:
i) Estimated costs and expenses to be incurred in connection with the provision of any
capital improvements.
ii) Projected costs due to lack of reimbursement for claims made under any policy of
insurance covering the Site or projected costs arising from or under any guarantee
or warranty bond or other contract relating to the Site as may be known at the
time of budgeting.
iii) Estimated costs and expenses, to the extent known at time of budgeting, to be
incurred pursuant to the order or direction of any State, Federal or municipal
authority having jurisdiction over the Site.
D. A statement of estimated capital improvements, replacements or repairs, on a five (5)
year schedule, required to maintain the Site in a safe and healthy environment suitable
for tenant occupancy including, but not limited to, the following:
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i) Projected replacement schedule for all major equipment, i.e. boiler, heat and
ventilating systems.
ii) Projected schedules for painting exterior and common interior areas of the Site.
12. TENAINTS' ACTIVITIES ACCOUNT
Manager shall establish a tenants' activities account for the placing of all funds collected from
tenants for tenants' association activities. This account shall be under the sole control of
Manager, and City shall incur no liability to tenants or others in connection with the funds from
this account. Manager shall maintain a complete accounting record of amounts received from
tenants, for what purpose, the expense by item, and any other such tracking as may be
appropriate. 'Manager shall submit monthly a copy of the ledger and copies of all receipts and
disbursements to City for the tenants' activities account.
13. ENFORCEMENT OF LEASES
Manager will secure full compliance by each tenant with the terms of their lease and the Emerald
Cove Resident's Handbook, a copy of which is attached hereto as Exhibit "C" and incorporated
herein by this reference. Manager shall maintain at the Site individual lease files, coded by unit
number and tenant name. Voluntary compliance shall be emphasized, and Manager shall
counsel tenants and make referrals to community agencies in cases of financial hardship or other
circumstances deemed appropriate by Manager, all to the end that involuntary termination of
tenancies shall be avoided to the maximum extent, consistent with sound management of the
Site. Nevertheless, Manager may lawfully terminate any tenancy with at least thirty (30) days
prior written notice to City when, in Manager's judgment sufficient cause (including, but not
limited to, nonpayment of rent) for such termination occurs under the terms of the tenant's lease.
Manager is authorized to consult with legal counsel to bring actions for eviction and to execute
notices to vacate and judicial pleadings incident to such action; provided, however, that Manager
shall obtain the prior written approval of the City Attorney for any such consultation, and that
Manager follow such instructions as City may prescribe for the conduct of any such action.
Subject to the City Attorney's prior written approval, attorney's fees and other necessary costs
incurred in connection with such actions will be paid out of the Operating Account as Site
expenses.
14. WAITING LISTS AND APARTMENT MOVES
Manager shall maintain an official waiting Iist of interested parties who desire an opportunity for
tenancy in the Site. This list shall, at a minimum, include the parties' name, current address,
telephone, and date of the parties' request to be placed on the waiting list. Each interested party
must fill out and sign an "Interest Form". If an existing tenant desires to move to a different
apartment within Emerald Cove, the tenant must fill out and sign an "Apartment Change Request
Form". Manager also shall maintain an apartment change waiting list with all relevant
information. Manager shall maintain both lists in an accurate and detailed manner with a proper
filing system as backup so that any person will understand his or her place on the respective list
and the basis for his or her position. Manager and City will establish guidelines for the proper
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01agree;emerald cove management (2) 911WO1
use of these lists. All lists shall be maintained in a secure location and Manager shall be
responsible to maintain the confidentiality of the lists.
15. AND REPAIR
Manager will cause the Site to be maintained in a decent, safe and sanitary condition at all times
acceptable to City in accordance with the Huntington Beach Municipal Code and the laws of
California, including, but not limited to cleaning, painting, decorating, plumbing, carpentry,
grounds care, landscaping and such other maintenance and repair work as may be necessary,
subject to any limitations and/or conditions imposed by City in addition to those contained
herein.
Manager agrees to operate and manage the Site in a high quality manner and shall maintain the Site
in accordance with the minimum maintenance standards as listed in the attached Exhibit "D",
which is incorporated herein by this reference. City reserves the right to amend Exhibit "D" at
any time during the term of the Agreement with at least thirty (30) days prior written notice to
Manager indicating such changes. Manager agrees it shall provide an overall standard of services
at least equal to a `B" or better rating as described in the monthly Site evaluation report (the
"Evaluation Report"), which is attached hereto as Exhibit "E" and incorporated herein by this
reference, with no single category maintained below a "C" rating.
In the event the Evaluation Report. indicates that the Site does not meet the minimum rating
requirements set forth above, City may issue a detailed, itemized list of all items that need to be
corrected, improved, or repaired on the Evaluation Report. The Evaluation Report shall serve as
City's written notice pursuant to Section 28 of this Agreement. Manager shall ensure that as
soon as reasonably possible after receiving such notice, City and Manager shall meet and discuss
the monthly Evaluation Report, and shall, in good faith, attempt to agree upon the steps Manager
shall take to correct, improve, or repair the items included on the Evaluation Report and the time
schedule for doing so. Except as provided below, -Manager shall have thirty (30) days after
receipt of the monthly Evaluation Report to correct, improve, or repair each of the items on the
Evaluation Report, provided that if any item cannot be corrected, improved, or repaired in such
period, Manager shall have such additional time as reasonably necessary to complete such
correction, improvement, or repair so long as Manager begins such work within the thirty (30)
day period and diligently proceeds with such correction, improvement, or repair to completion.
Incident thereto, the following provisions shall apply:
A. Manager shall give special attention to preventative maintenance, and to the greatest
extent feasible, the services of Manager's regular maintenance employees will be used.
B. Subject to City's prior written approval for maintenance and for extraordinary repairs
beyond the capability of Manager's regular maintenance employees, Manager will
contract with qualified independent contractors utilizing competitive bidding
whenever practicable.
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C. Manager will systematically and promptly receive, investigate, and document all
service requests from tenants, take such action thereon as may be justified, and keep
records of the same. Manager shall perform services on an emergency request within
twenty-four (24) hours of the receipt of such request. Complaints of a serious nature
will be reported to City after investigation. City shall have the right to receive copies
of all service requests and the reports of action taken thereon.
D. Manager is authorized to purchase all materials, equipment, tools, appliances,
supplies and services necessary for proper maintenance and repair of the Site.
Manager shall use its best efforts to take such action as is necessary to comply with
any and all orders or requirements of Federal, State, county, or municipal authorities
having jurisdiction over the Site and orders from fire underwriters, insurance
companies, and other similar bodies.
E. Notwithstanding any of the foregoing provisions, the prior approval of City will be
required for any expenditure which exceeds One Thousand Dollars (51,000.00) in any
one instance for labor, materials or otherwise in connection with the maintenance and
repair of the Site, except for recurring expenses within the limits of the Annual
Operating Budget or emergency repairs involving manifest and immediate danger to
persons or property, or required to avoid suspension of any necessary service to the
Site. When such recurring or emergency expenditure occurs, Manager will inform
City of the facts as promptly as possible, and, in no event later than twenty-four (24)
hours from the occurrence of the event.
16. UTILITIES AND SERVICES
Manager will make arrangements for water, electricity, gas, sewage and trash disposal, vermin
extermination, decorating, laundry facilities, and telephone service to the Site. Subject to City's
prior written approval, Manager will enter into such contracts as may be necessary to secure such
utilities and services. Manager shall implement an appropriate recycling program of aluminum,
glass, paper and any other materials pursuant to sound waste management practices.
17. EMPLOYEES
In performing its duties and exercising its rights hereunder, Manager shall at all times be acting
as an independent contractor. In no event shall Manager hold itself out as having any
relationship with City other than as expressly created herein. Any personnel employed.by
Manager in rendering services hereunder shall be employees of Manager and shall not be
deemed employees of City.
All on -site personnel will be employees of Manager and will be hired, paid, supervised, and
discharged through Manager, subject to the following conditions.
A. The compensation (including fringe benefits) of Manager's resident manager,
community services coordinator, maintenance employees, bookkeeping, clerical, and
other management personnel shall be set forth in the Site's Annual Operating Budget,
as approved by the City Council in City's annual budget.
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B. Compensation (including fringe benefits) payable to the on -site management and
maintenance employees, and other personnel employed in the operation of the Site
and all local, State and Federal taxes and assessments (including, but not limited to,
Social Security taxes, unemployment insurance, and workers' compensation
insurance) incident to the employment of such personnel, will be paid out of the
Operating Account and will be treated as Site expenses.
C. Manager shall comply with all of the provisions of the Workers' Compensation
Insurance and Safety Acts of the State of California, the applicable provisions of
Division 4 and 5 of the California Labor Code and all amendments thereto; and all
applicable State and Federal acts and laws.
All employees of Manager are expressly prohibited from making any work arrangements with
the residents of the Site where compensation is exchanged between the resident and employee.
All work by employees of Manager shall be as directed by Manager in the execution of this
Agreement.
18. BOOKS, RECORDS, AND REPORTS
Manager shall have the following record keeping responsibilities:
A. Manager shall establish and maintain a comprehensive system of records, books, and
accounts in a manner satisfactory to City. Further, all records, books, and accounts
shall be maintained in an electronic format acceptable to City. Manager shall allow
City's authorized representatives to examine its records, books, and accounts during
normal business hours.
B. With respect to each fiscal year ending during the term of this Agreement, Manager
shall cause an annual financial report prepared by a certified public accountant or other
person acceptable to City. The report shall be certified by the preparer and Manager,
and will be submitted to City within ninety (90) days after the end of the fiscal year.
Any compensation for the preparer's services will be paid out of the Operating Account
after the invoice is approved in writing by City and the approved amount is transferred
by City into the Operating Account.
C. Manager shall prepare a monthly report comparing actual and budgeted figures for
receipts and disbursements, along with a schedule of accounts receivable and payable
from the Operating Account, and will submit each such report to City within fifteen
(15) days after the end of the month covered. Manager also shall furnish City with all
appropriate backup material related to such disbursements as proof of such expenses
upon request. Once the report has been approved in writing by City, City will transfer
the approved amount into the Operating Account.
D. Manager shall promptly furnish such information (including, for example, occupancy
reports) as may be requested by City from time to time with respect to the financial,
physical, or operational conditions of Site.
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01aeree;emerald cove management (2) 19 10101
E. All records produced or used by Manager, whether located on -site or at the Manager's
business, shall remain the property of City.
19. FIDELITY BOND
Manager will furnish to City, at Manager's sole cost and expense, a fidelity bond in the principal
sum of Two Hundred Ten Thousand Dollars (S210,000.00), or an amount equal to the Site's gross
potential income for two (2) months plus the initial deposit of Thirty Thousand Dollars
($30,000.00), whichever is greater, and is conditioned to protect City against, without limitation,
misappropriation of the Site funds by Manager and its employees. Acceptance of this bond by City
is conditioned upon the prior written approval of such bond by the City Attorney. Manager's costs
associated with this bond (including the premium) shall not be included in any Annual Operating
Budget or paid out of the Operating Account and bond amount shall be recalculated annually as of
October 1. 'Manager shall notify City if premiums are unpaid for ten (10) days and Manager shall
promptly ensure that the premiums are paid in full.
20. BIDS, DISCOtiNTS, REBATES, ETC.
Manager shall obtain contracts, materials, supplies, utilities, and services on the most advantageous
terms to City and the Site, and shall solicit, at least three (3) written bids, for items that exceed Five
Hundred Dollars (S500.00) and can be obtained from more than one source. Manager will secure
and credit to City all discounts, rebates or commissions obtainable with respect to any purchases,
service contracts, and all other transactions on City's behalf or with regards to the Site.
21. ON -SITE NIANAGEMENT FACILITIES
Subject to further agreement of City and Manager as to more specific terms, Manager shall
maintain a management office on the Site. City reserves the right and sole discretion to instruct
Manager to change the resident manager or other responsible employee at any time during the term
of this Agreement with at least sixty (60) days prior written notice. Any resident manager or other
responsible employee is subject to prior written approval by City.
22. TRA_NSFER OF MANAGEMENT
Manager shall be responsible to take all actions necessary to obtain all information from the
outgoing management company to ensure that a smooth and efficient transfer occurs. All
necessary documents, records, systems, and contracts shall be in place by Manager effective the
Commencement Date of this Agreement. Manager shall make every effort to make the transfer
of management transparent to the residents of the Site. Manager shall obtain and maintain a
business license from City.
23. HOLD HARINZLESS
Manager shall protect, defend, indemnify and save and hold harmless City, its officers, officials,
employees, and agents from and against any and all liability, loss, damage, expenses, costs
(including without Iimitation costs and fees of litigation of every nature) arising out of or in
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01agree/emerald cove management (2) ;9,1001
connection with Manager's performance of this Agreement or Manager's failure to comply with
any of Manager's obligations contained in the Agreement by Manager, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of City. City shall be reimbursed by Manager for all costs and attorney's fees incurred
by City in enforcing this obligation.
24. WORKERS" COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE
Pursuant to California Labor Code Section 1861, Manager acknowledges awareness of Section
3700 et seq. of said Code, which requires every employer to be insured against liability for
workers' compensation; Manager covenants that it will comply with such provisions prior to
commencing performance of the work hereunder; and shall indemnify, defend and hold harmless
City from and against all claims, demands, payments, suit, actions, proceedings, and judgments of
every nature and description, including attorney's fees and costs presented, brought or recovered
against City, for or on account of any liability under any of said acts which may be incurred by
reason of any work to be performed by Manager under this Agreement. Manager shall maintain
workers' compensation and employers' liability in amounts not less than the State statutory limits.
Manager shall require all sublicensees to provide such workers' compensation and employers'
liability insurance for all of the sublicensees' employees. Manager shall furnish to City a
certificate of waiver of subrogation under the terms of the workers' compensation and employers'
liability insurances and Manager shall similarly require all sublicensees to waive subrogation_
25. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation and employers' liability insurance and Manager's
covenant to indemnify City, Manager shall obtain and furnish to City, a policy of general public
liability insurance. including automotive bodily injury and property damage insurance covering the
Site and Manager's activities under this Agreement. The policy shall indemnify -Manager, its
officers, agents and employees, while acting within the scope of their duties, against any and all
claims arising out of or in connection with the Site or Manager's activities under this Agreement,
and shall provide coverage in not less than the following amount: combined single limit bodily
injury, personal injury and property damage, including products/completed operations liability and
blanket contractual liability, of One Million Dollars (S1,000,000.00) per occurrence. If coverage is
provided under a form which includes a designated general aggregate limit, the aggregate limit
must be no less than One Million Dollars ($1,000,000.00) for the Site and Manager's activities
under this Agreement. The policy shall name City, its agents, officers, employees and volunteers
as Additional Insureds, and shall specifically provide that any insurance coverage which may be
applicable to the Site or Manager's activities under this Agreement shall be deemed excess
coverage and that Manager's insurance shall be primary. Under no circumstances shall the above -
mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of
limitation on the required coverage.
Page 11 of 20
01agreelemerald cove management (2) %R.: IQ'O1
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11
26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to the execution of this Agreement, Manager shall furnish to City certificates of insurance
subject to approval of the City Attorney evidencing the foregoing insurance coverages as required
by this Agreement; these certificates shall:
A. provide the name and policy number of each carrier and policy.
B. shall state that the policy is currently in force.
C. shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days' prior
written notice; however, ten (10) days' prior written notice in the event of
cancellation for nonpayment of premium.
Manager shall maintain the foregoing insurance coverages in force during the entire term of this
Agreement or any extensions or renewals thereof. The requirement for carrying the foregoing
insurance coverages shall not derogate from the provisions for indemnification of City by Manager
under the Agreement. City or its representatives shall at all times have the right to demand the
original or a copy of all said policies of insurance. Manager shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
27. NONDISCRIMINATION
In the performance of its obligations under this Agreement, Manager shall comply with the
provisions of any Federal, State or local law prohibiting discrimination in housing on the
grounds of race, color, sex, creed or national origin.
28. NOTICES
All notices, certificates, or other communications hereunder shall be sufficiently given and shall
be deemed received when (a) personally delivered.- or (b) three (3) business days after being
deposited in the United States mail in registered form with postage fully prepaid; or (c) one (1)
business day after being sent by reputable overnight courier, in each case to the addresses
specified below; provided that City and Manager, by notice given hereunder, may designate
different addresses to which subsequent notices, certificates, or other communications will be
sent:
CITY:
Director of Community Services
City of Huntington Beach -
2000 Main Street
Huntington Beach, CA 92648
olagreeiemerald cove management (2) 19/10 01
MANAGER:
Vicky Clark, President
Western Seniors Housing, Inc.
359 San Miguel Drive, Suite 300
Newport Beach, CA 92660
Page 12 of 20
C.
r]
2„d Copy to CITY:
Real Estate Services Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
29. CONTRACT ADMINISTRATOR
City's Director of Community Services, or his designee, shall be City's contract administrator
for this Agreement with the authority to act on behalf of City for the purposes of this Agreement,
and all approvals and notices required to be given herein shall be so directed and addressed.
30. COVENANTS, REPRESENTATIONS AND WARRANTIES
Manager acknowledges, represents, warrants and agrees that:
A. City intends that ?Manager's duties to be that of a fiduciary, with respect that any
decision made or action taken in connection with the rendering of the performance of
Manager's duties and services under this Agreement, and Manager will discharge its
duties with respect to the Site solely in the interests of City and with the care, skill,
prudence and diligence under the circumstances then prevailing that a prudent person
acting in a like capacity and familiar with such matters would use in the conduct of an
enterprise of like character and with like aims.
B. Manager has complied with and shall comply with, all regulations, registrations,
filings, authorizations, consents or examinations required by any governmental
authority having jurisdiction over its activities or the acts contemplated by this
Agreement.
C. The personnel of Manager who will responsible for carrying out this Agreement are
individuals experienced in the performance of the various functions contemplated by
this Agreement.
D. Manager shall promptly notify City of any contemplated change in control of
Manager and of any and all legal or financial actions against Manager, directly or
indirectly, by any and all parties.
E. Manager shall promptly notify City in the event that any of the foregoing
acknowledgements, representations, warranties or agreements shall no longer be true.
The foregoing acknowledgments, representations, warranties and agreements are understood by
Manager to be relied upon by City in agreeing to enter into this Agreement.
Page 13 of 20
0 1 agree/emerald cove management (2) lg 10/01
31. HAZARDOUS NL4,TERIALS
Unless approved in advance in writing by City, Manager shall not allow or permit any "Hazardous
Materials" to be brought upon, stored, manufactured, generated, handled, recycled, treated,
disposed; or used on, under or about the Site for any purpose; provided that, Manager may permit
the storage and use of general office and landscape maintenance materials for the Site used in the
ordinary course of business, such as copier toner, liquid paper, glue. ink and janitorial cleaning
solvents. All materials must be used in the manner for which they were designed and in such
amounts as may be typical for management operations for the Site so long as the disposition,
handling, storage or quantity of such items are at all times in compliance with all applicable laws.
"Hazardous Materials" shall be interpreted broadly to mean any substance or material defined or
designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or
radioactive substance, or other similar term by any Federal, State or local environmental law,
regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules
may be amended from time to time; and it shall be interpreted to include, but not be limited to, any
substance which after release into the environment will or may reasonably be anticipated to cause
sickness, death or disease.
32. NO ASSIGNMENT
This Agreement is personal to Manager, and Manager shall not assign, transfer or sell this
Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void
and confer no right on any third party. Any purported transfer of control, voluntarily or by
operation of law, except with the prior written consent of City, shall render this Agreement
absolutely null and void.
33. FORCE -XIAJEti RE — UNAVOIDABLE DELAYS
Should the performance of any act required by this Agreement to be performed by either City or
Manager be prevented or delayed by reason of an act of God, strike, lockout, labor troubles,
inability to secure materials, restrictive governmental laws or regulations, or any other cause except
financial inability not the fault of the party required to perform the act, the time for the
performance of the act will be extended for a period equivalent to the period of delay and the
performance of the act during the period of delay will be excused, provided, however, that nothing
contained in this Section shall excuse Manager's prompt deposit of rents and other cash receivables
to City as required by this Agreement or the performance of any act rendered difficult solely
because of the financial condition of the party, City or Manager, required to perform the act.
34. COMPLIANCE WITH LAWS
Manager shall, at Manager's sole cost and expense, comply with all statutes, ordinances,
regulations, and requirements of all governmental entities, including Federal, State, county and
municipal, relating to Manager's use and occupancy of the Site whether such statutes, ordinances,
regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of
competent jurisdiction, or the admission by Manager in a proceeding brought against Manager by
any government entity, that Manager has violated any such statute, ordinance, regulation, or
Page 14 of 20
01agreelemerald core management (2) 91:110.-01
requirement shall be conclusive as between City and Manager and shall be ground for termination
of this Agreement by City. Manager will obtain all permits and other governmental approvals
required in connection with Manager's activities hereunder.
35. BINDING ON HEIRS AND SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this Section shall
not be deemed to be a waiver of any of the conditions against assignment set forth herein.
36. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according
to its fair meaning, and not strictly for or against any of the parties. If any provision of this
Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void,
illegal or invalid, such holding shall not invalidate or affect the remaining covenants and
provisions of this Agreement. No covenant or provision shall be deemed dependent upon any
other unless so expressly provided here. As used in this Agreement, the masculine or neuter
gender and singular or plural number shall be deemed to include the other whenever the context
so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
37. WASTE OR NUISANCE
Manager shall not commit or permit the commission by others of any waste on the Site. Manager
shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in
Section 3479 and/or Section 3480 of the California Civil Code on the Site; and Manager shall not
use or permit the use of the Site for any unlawful purpose.
38. INSURANNCE HAZARDS
Manager shall not commit or permit the commission of any acts on the Site nor use or permit the
use of the Site in any manner that will increase the existing rates for or cause the cancellation of
any property, liability or other insurance policy insuring the Site or the improvements on the Site.
Manager shall, at its own cost and expense, comply with any and all requirements of insurance
carriers necessary for the continued maintenance at reasonable rates of property, liability and other
insurance policies on the Site and the improvements on the Site.
39. INSURANCE PROCEEDS
Any insurance proceeds received by City because of the total or partial destruction of the Site or
the improvements on the Site shall be the sole property of City.
Page 15 of 20
01agree'emerald cove management (2) ;9:110/01 4
40. TIME OF ESSENCE
Time is expressly declared to be the essence of this Agreement.
41. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California and an and all actions
initiated under or as a result of this Agreement shall be brought solely and exclusively in a court of
competent jurisdiction in the County of Orange, State of California and no other court.
42. SURVIVAL
Terms and conditions of this Agreement which by their sense and context survive the termination
or expiration of this Agreement shall so survive.
43. CITY EMPLOYEES AND OFFICIALS
Manager shall employ no City official nor any regular City employee in the work performed
pursuant to this Agreement. No officer or employee of City shall have any financial interest in this
Agreement in violation of the applicable provision of the California Government Code.
44. IMMIGRATION
Manager shall be responsible for full compliance with the immigration and naturalization laws of
the United States and shall, in particular, comply with the provisions of the United States Code
regarding employment verification.
45. LEGAL SERVICES SUBCONTRACTING PROHIBITED
Except as expressly set forth in Section 13 of this Agreement, Manager and City agree that City is
not liable for payment of any subcontractor work involving legal services, and that such legal
services are expressly outside the scope of services contemplated hereunder. Manager understands
that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for City; and City hall not be liable for payment of any legal services expenses
incurred by Manager.
46. ATTORNEY'S FEES
Except as expressly set forth herein, in the event suit is brought by either party to enforce the terms
and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its
own attorney's fees.
Page 16 of 20
0 1 agree/emerald core management (2) 9i1WO1
47. WAIVER OF BREACH
The waiver by City of any breach by Manager of any of the provisions of this Agreement shall not
constitute a continuing waiver or a waiver of any subsequent breach by Manager either of the same
or another provision of this Agreement.
48. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and signed in
counterparts as duplicate originals, each ofwhich so executed shall, irrespective of the date of its
execution and delivery, be deemed an original. Each of the parties hereto shall retain an originally
signed copy hereof. Each duplicate original shall be deemed an original instrument as against any
party who has signed it.
49. CAPTIONS
Captions used in this Agreement are for ease of reference only and shall not affect the construction
or interpretation of this Agreement.
50. SOLE AND ONLY AGREEMENT
This Agreement constitutes the entire agreement and understanding between City and Manager
respecting the Site and the subject matter, and correctly sets forth the obligations of City and
Manager to each other. Any agreements or representations respecting the Site or the subject matter
hereof not expressly set forth in this instrument are null and void. This Agreement or any part of it
may not be changed, altered, modified, limited or extended orally or by any Agreement between
the parties, unless such Agreement is expressed in writing, signed and acknowledged by City and
Manager, or their successors in interest. This Agreement supercedes any and all prior agreements,
written or verbal, betwreen the parties respecting the Site and the subject matter hereof.
Balance of page intentionally left blank
SIGNATURES O NT NE.X'T PAGE
Page 17 of 20
01 agree.%emerald cove management (2) i9.10/01
'1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first written above.
MANAGER:
WESTER, SENIORS HOUSING, INTC.,
a California corporation
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print name
ITS: (circle one) Chairmai resident ice
President
By:
�rtf'hnnr, .�n dnvr��
�,r,Snt name
ITS: (circle o) ecreta ief Financial
Office ! sst. Secretary - reasur
0 1 aeree/emerald cove management (2) i9/1MI
CITY:
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Califo is
Mayr
ATTEST:
Gee ��v
CityClerk I6-o2 at
PROVED AS TO FORM:
✓�, t Z
INITIA Iv'D APPROVED:
Director o dmini strative -U ices
REVIEWED AND APPROVED:
Page 18 of 20
City Administrator
:7
•
EXHIBIT "A"
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MARCH 1994 TRAC'!* NO. f2O60 M.M. 708-5 r0 8 wc.
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•
EMERALD COVE
SENIOR CITIZEN
APARTMENTS
EMERALD COVE IS COMPRISED OF 164 APARTMENTS
_
WHICH INCLUDE 32 STUDIO UNITS AND 132 ONE -
BEDROOM UNITS. THE PROJECT IS LOCATED ON A 4.2
ACRE SITE JUST A FEW HUNDRED FEET WEST OF BEACH
BLVD. ON THE SOUTH SIDE OF TALBERT AVENUE. THE
PROJECT OFFERS A UNIQUE GARDEN -LIKE SETTING WITH
LOW -PROFILE BUILDINGS AND AN EXTENSIVE AMOUNT OF
(
LANDSCAPING AND PEDESTRIAN WALKS TO THE
ADJACENT TERRY PARK. CONVENIENT PARKING IS
PROVIDED TO EVERY BUILDING WITHIN THE SITE.
EMERALD COVE ALSO PROVIDES A CENTRAL RECREATION
'
CENTER WHICH INCLUDES MEETING AND LOUNGE SPACE,
THE RENTAL OFFICE. A LAUNDRY FACILITY AND A KITCHEN
FOR COMMUNITY ACTIVITIES OF THE RESIDENTS.
i.-
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CITY OF
HUNTINGTON BEACH
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EXHIBIT "B"
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,EMERALD COYEREIVT.SCHEDIILE �
16 Upstairs Studio Apartments $345 per month
16 Downstairs Studio Apartments $345 per month
66 Upstairs One Bedroom Apartments $395 per month
66 Downstairs One Bedroom Apartments $395 per month
For each fiscal year (October 1- September 30) residents who move in on
October 1 or after=will pay S 10 per month more than residents who moved
in during the prior fiscal year.
1216/00
EXHIBIT "C"
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City of Huntington Beach
HUNTINGTON BEACH
EMERALD COVE
Resident's Handbook
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EMERALD COVE • 0
RESIDENT'S HANDBOOK
1. WELCOME!
Welcome to your new home in EMERALD COVE! We hope you will soon feel
"at home" in your new surroundings.
The primary purpose of EMERALD COVE is to provide quality housing for
senior citizens. We think you will also discover that it is more than just a RLace to
live - - it's a way of living that includes many possibilities for making new
friends and participating in various pleasant activities. Residency is open to all
persons without regard for race, religion, sex or national origin.
This handbook will answer many questions you may have about your new home
and help you get settled. It contains some general information as well as some
specific regulations. Please read it carefully and keep it for future reference.
2. THE OWNER
S '
EMERALD COVE is owned by the City of Huntington Beach and is one of the
first of its kind. It is the result of a pioneering effort on the part of the City to
provide low cost housing for the elderly. The City, as owner, establishes policies
for residency, approves and monitors the operating budget, and sets the rents.
3. THE MANAGEMENT
Y . The EMERALD COVE complex is operated under an Agreement with a man-
agement company hired by the City. The management company is responsible
for all operations, programs and staffing, and works within the policies set forth
by the City.
4. MAIL
The mail is delivered in accordance with US Post Office rules and regulations.
All mail, except larger packages, will be deposited in your private mailbox. Your
mail box number is the same as your apartment number.
Private mailboxes for buildings I through 3 are located on Park View Lane.
Mailboxes for buildings 6 through 9 are located on Park Tree Circle. Mailboxes
for buildings 4 and 5 are located on both streets. Check with the office for the Io-
cation of your mailbox if you are living in building 4 or 5.
Your mailing address is as follows:
(Your Name)
(Your street address and Apt #)
Huntington Beach, CA 92648
04/13/01
EMERALD COVE
RESIDENT`S HANDBOOK
U
Omission of your apartment number may cause a delay in the delivery of your
mail. Packages that are too large for the mailbox may be delivered to the Office
for pickup during Office hours. The Office cannot accept Registered Mail.
Note: Be sure to notify the US Post Office of your new address when moving in
or out of the facility. Please leave your forwarding address with the Office when
moving out.
5. THE ADMINISTRATION
f
` The policies established by the owner and the day-to-day operations are admin-
istered by the Management Agent through the Administrator. The Administra-
tor will welcome any and all questions and suggestions you may have to im-
prove the quality of life in the facility. Bosh the management company and the
City will review all suggestions submitted in writing and a written response will
- be forwarded to you.
6. BUSINESS OFFICE HOURS
F.. The office is open Monday through Friday. Check with the Office for the daily
schedule. If necessary, arrangements can be made with the Administrator for
business appointments outside of regular office hours.
7. REQUIREMENTS FOR CONTINUED RESIDENCY
It is the hope and intention of all persons involved in the operation of Emerald
Cove to do everything possible to help make your residency here a long and
pleasant experience. Your lease agreement, along with this handbook, spells out
the conditions with which you must comply to help make this hope and inten-
tion come true.
This facility is designed and operated for those who are 60 years of age or older
and who are fully capable of meeting the terms of the lease. Neither the man-
agement company nor the City provides personal or health care services. Each
resident must be able to take care of his or her own needs. This may be accom-
plished by taking responsibility to arrange for someone else to perform personal
and home management chores as needed to fulfill the lease terms. Applicants
y ' who are accepted for residency must sign a statement indicating their under-
standing that this facility is designed for apartment living, and that if, in the
opinion of Management, they become unable to meet the lease terms, they will
willingly vacate their apartment, moving, perhaps, to a facility that can better
meet their needs.
2 04/13/01
EMERALD COVE •
RESIDENT'S HANDBOOK
•
The City rules for occupancy require that this apartment must be one's only
lace ofresidence. However, residents may hold their apartment during tempo-
rary p y p g p
rary Illness whale absent for medical treatment and convalescence that does not
exceed oneyear. The advance payment of full monthly rent must continue dur-
ing the absence In case of temporary or limited incapacity, family members may
assist the resident in order to maintain proper care for the resident and his/hex
fly assistance, there may be circumstances where apartment. In absence of fam
temporary homemaker services can be obtained through the Orange County
Public Services Agency (714-704-8000) or Senior Outreach Program at 536-2478.
When a resident vacates an apartment and transfers to another facility for health
{>- reasons, and then regains the capacity to maintain full compliance of the terms of
i
the lease, the person will be given priority over new rental applications for a liv-
ing unit in this facility if so desired.
Please remember that your lease agreement refers to your obligation to refrain
from behavior that will disturb the rights and comforts of the residents. Specifi-
cally, intoxication or excessive use of alcoholic beverage, illegal drugs, disorderly
' conduct, obscene language and/or objectionable noise or other disturbances by
the resident or the guests of a resident shall be sufficient cause for termination of
tenancy.
8. TERMINATION OF RESIDENCY
Residents may terminate their lease agreements at any time by giving a thirty
(30) day written notice of their intent to vacate their apartment. Rent and all
other charges, if any, will be paid through the vacating date.
The City may request a termination of residency when, in the judgment of both
the management company and the City, a person can no Ionger live independ-
ently. Every effort will be made to work cooperatively with the resident and the
resident's family in these instances. Persons who vacate under these conditions
and who later become able to live independently, and who wish to return as a
resident, will be given priority on the Huntington Beach waiting list, for a living
{ unit in this facility.
The City reserves the right to enforce termination of occupancy in accordance
with the procedures described in the lease and the laws of the State of California.
9. RESIDENT RELATIONSHIPS AND TENANT GRIEVANCES
The City will make every effort to provide good management which has a
genuine concern for people, coupled with professional competency in property
care and fiscal control.
3 04/13/01
EMERALD COVE 0
RESIDENT'S HANDBOOK
P_j
The Management Agent hires all staff personnel, who are under the direct su-
pervision of the Administrator. Only the Administrator has the authority to as-
M
sign duties. Residents should not give instructions to any employee. Any sug-
gestions or requests that the residents may have about work to be done or about
staff persons, should be made in writingdirectly to the Administrator or through
the Business Office.
Employees may not accept tips or personal gifts from the resident nor from their
families. To do so might result in unequal service to other residents. All resi-
dents are required to observe this regulation.
t , The Administrator and staff are to be sensitive and responsive to any grievance
or complaints brought to them by or on behalf of residents. Resident monthly
meetings will be held. The prime function of the resident meetings will be to
plan and coordinate programs and activities that will enrich life within the com-
plex. The meetings will also be used as a sounding board for tenants' concerns
regarding day-to-day operation and tenant policies. Grievances may come di-
rectly from the tenant to the Administrator or through action by the residents at
their monthly meetings. All such concerns will be given proper attention by the
Administrator.
In order to clarify and expedite the handling of grievance concerns, the following
procedure has been agreed to by the City and Management:
A. Every resident is free to express any concern, suggestion or grievance.
However, in order to be formally dealt with, these matters must be put in
writing on printed grievance forms that are available in the Office.
B. These written items will first be dealt with and responded to by the Ad-
ministrator. If the resident is not satisfied with the Administrator's re-
sponse, he or she should request a meeting with the Management Super-
visor or any officer of the Management Company.
C. If not satisfied with the results from the contact with the Administrator
- and/or the Management Company, the resident may take the matter to
City staff for review. 77usreview will be conducted by the Community
Services Department, a representative from the City's Real ,Estate Services
Division, and a representative from the City Administrator`s Office.
In order for City representatives to review resident matters that are
brought to them, all previous steps in the grievance process must ha ve
been followed. This information is beinggiven in order to assist all resi-
dents in obtaining a timely resolution of their concerns.
4 04/13/01
EMERALD COVE ! 0
RESIDENT'S HANDBOOK
10. PAYMENT OF RENT
Your monthly rent payment is due and payable on or before the first day of each
month. Rents are overdue if not paid by the 51h day of the month by 5:00 p.m. A
$25.00 late charge will be assessed.
Payment shall be made to the office. Receipts for rent and other payments will
be issued as soon as the item is posted in the account ledger.
k
Please make sure that you receive a receipt for your rent payment. The monthly
rent charges are set by resolution of the Huntington Beach City Council.
11. MOVING FROM ONE APARTMENT TO ANOTHER
Residents who wish to change apartments should make a written request to the
Administrator. When permission is given and a move takes place, a fee of
$100.00 will be charged. Payment may be paid in 3 monthly installments of
$33.33.
Receipts for rent and other payments will be issued as soon as the item is posted
in the account ledger.
A 12 APARTMENT INSPECTION
S^^
At move -in or move -out, inspection of each apartment will be made by both the
resident and Management. Results of these inspections are recorded on a form
that is signed by both parties. This form becomes a part of the resident's lease
and is used to determine the basis for damage claims, if any, upon hove -out.
Management will also make arrangements with residents for additional semi-
annual inspections of apartments as a maintenance prevention measure.
13. SECURITY DEPOSIT
Each resident will make a security deposit at the time of moving into the facility.
This deposit will be in addition to any rent paid. The deposit will be held in trust
by Management and will be returned in full when a tenant vacates an apartment,
providing there has been no damage to the apartment, and no rent is owed per
provision of the lease.
5 04/13/01
EMERALD COVE ,
RESIDENT'S HANDBOOK
14. APARTMENT FURNISHINGS
Residents will furnish their own apartments with the exception of carpets, drapes
and major kitchen appliances with the exception of the refrigerator. Any carpet,
kitchen or bath flooring, window covering, or appliance changes made by the
resident must be approved in writing by the Administrator.
�- 15. APARTMENT INSURANCE
r-
The City or Management carries no insurance of any kind on the belongings in
i your apartment. The resident is encouraged to purchase adequate insurance
coverage for such possessions as well as personal liability insurance to cover any
claim that might arise from accidents occurring in your apartment resulting in
injury to guests or to the building and equipment.
16. APARTMENT TELEPHONE
Each apartment is provided with a telephone outlet. If you want telephone
service, make direct contact with the telephone company. There are specific rates
c� for low -use telephone service that may be of interest to you.
If you install a telephone, please give the office your telephone number. Your
telephone number will not be given out to other persons, but it will aid the Office
in contacting you.
Management maintains telephone lines within the walls of the apartment. Faulty
telephone lines within the walls will be repaired without charge provided loss of
service was not caused by negligence on the part of the resident or by a defect in
resident -owned communication devices. Requests for telephone line repair are
to be made through the Business Office. Management does not accept responsi-
bility for payment of service calls authorized by a resident directly to the tele-
phone company.
17. TELEVISIONS AND RADIOS
Each apartment is provided with a television antenna outlet. Radio and televi-
sion sets should be operated in a manner that will not disturb other residents.
This is especially true during "quiet hours" from 10:00 p.m. to -8:00 a.m.
6 04/16/01
EMERALD COVE i •
RESIDENT'S HANDBOOK
19. HOUSEKEEPING
The maintenance staff will clean and maintain the clubhouse and other public ar-
eas. Residents are expected to maintain their own apartments with high stan-
dards of sanitation and freedom from hazards.
19. REDECORATION AND ALTERATIONS
Management will do redecoration of apartments on a fixed schedule. Residents
who are not satisfied with the interior color scheme of their living unit may make
arrangements for a change of color scheme of their choice, but at their own ex-
pense. It is expected that they will also place on deposit with the office sufficient
funds to restore the apartment to the standard color schemes.
Although your apartment was designed with safety in mind, you may feel an
alteration is necessary to make your home more accessible. Alterations for acces-
sibility are allowed at the resident's expense providing the written request has
been made to the Administrator and written approval given before work is be-
gun. A deposit of funds sufficient to restore the apartment to standard condition
L_' may be required.
A resident must obtain written permission from the Administrator before re-
decorating (e.g_ painting, papering, etc.) or making an alteration, addition or im-
provement in an apartment or to the property. This includes the installation or
exchange of any major appliance.
20. EQUIPMENT MAINTENANCE, USE AND CLEANING
Management will maintain all equipment owned by the facility without charge,
including stoves, and disposals in each apartment, provided the cause of break-
down was not negligence on the part of the resident. If, in the judgement of
Management, the resident has been negligent, the resident shall pay the cost of
repair.
All requests for maintenance service are to be made through the office and are to
be written on a work order form. No verbal requests for such service are to be
given to the maintenance personnel by residents.
Maintenance personnel should not be asked to make repairs on equipment or
furniture owned by residents during office hours.
21. REMOVAL OF TRASH AND GARBAGE
Residents must not accumulate any trash or waste material so as to create a haz-
ard of any kind or to be a violation of any health, safety or fire prevention rule,
7 04/13/01
EMERALD COVE 0
RESIDENT'S HANDBOOK
•
regulation or directive. Residents must keep the rented premises in a clean and
sanitary condition and free of offensive odors.
Trash bins are well Iocated and easily accessible from each building. There are a
total of five (5) bins for your use. Any "wet" garbage placed in the bins should
be securely wrapped in plastic bags. Cardboard boxes should be dismantled to
conserve space.
Garbage disposal units are in every apartment sink. All wet garbage should be
disposed of through this unit exceps such things as paper, corn husks, pits, bones
and other hard or fibrous items, which should be carefully wrapped, placed in a
garbage bag and placed in the trash bins as noted above.
Remember, always turn on the cold water before turning on the disposal, and
always leave the water running for a minute or two after turning off the disposal.
-_ 22. HEATING SYSTEM
Each apartment has its own individual unit for providing heat. The Manage-
ment Maintenance Staff gives you instructions when you move in, and should be
consulted in case of malfunction of the heating system.
23. USE OF PUBLIC AREAS
Public areas are for the use and enjoyment of all residents. The Clubhouse is
available for casual resident use from 9:00 a.m. until 9:00 p.m. unless a scheduled
program is in session.
Smoking is permitted only in one's own apartment. Smoking is prohibited in all
other areas including staircases and community spaces.
24. USE OF LAUNDRY
Coin -operated dryers and washing machines are located in the Clubhouse. Resi-
dents are requested to clean lint filters after each use. It is expected that residents
will develop their own schedule so as to provide equal opportunity for all to use
the laundry facilities. As a courtesy to other residents who may be waiting to do
their laundry, please be sure to remove your laundry from the appliances imme-
diately after it is washed or dried. Your assistance in keeping the laundry room
clean and in order will be appreciated.
25. DRESS IN PUBLIC AREAS
All residents are expected to dress appropriately in all public areas. Please - - no
bathrobes, bare midriffs, short shorts, etc.
8 04/13/01
EMERALD COVE, . •
RESIDENT'S HANDBOOK
26. PARKING
The parking areas are for use of residents and staff only. Residents who use the
parking area do so at their own risk. Arrangements for a parking space should
be made through the office. Guests must park in clearly marked visitor parking
spaces or outside the parking area.
27. RESPONSE TO EMERGENCY CALLS
If you feel you have a medical emergency, the fastest way to get help is to dial
9-1-1. You may also contact a project staff member anytime by dialing 842-0802.
s - Staff will respond as quickly as possible to an emergency call. Staff will aid the
resident in calling for professional or family help, if necessary. It should be
noted that NO doctors or nurses are on call at the facility.
28. EMERGENCY INFORMATION FILE
With your assistance, the office keeps an emergency information file on each
resident. The file has information on your doctors, your preferred hospital, fam-
ily contacts, as well as information about your general health. Your help is
needed to keep your file up-to-date. Neither Management nor the City will give
out any personallnformation without the written permission of the resident. All
information files will be kept in a locked file cabinet in the business office.
29. DAILY CHECK ON RESIDENTS' HEALTH AND WELL BEING
Although this facility is designed for independent living, it is reassuring to know
that someone cares about your well being_ Residents should inform the Office
when they leave the complex for an extended period. Residents are encouraged
to adopt a "buddy" system with a neighbor.
30. APARTMENT SECURITY
For your own safety, keep your apartment locked at all times. No resident shall
alter or replace apartment locks. Management must be able to enter apartments
with a passkey in times of emergency. For this same reason, residents are not
permitted to install chain locks on apartment doors. Except in emergencies, in-
spections and repairs will be made on a scheduled basis with proper advance
notice.
While we are happy to accommodate an occasional lock -out, repeated key loss
will be charged for.
9 04/13/01
EMERALD COVE
RESIDENT'S HANDBOOK
r-
i
t.:
31. INTRUDERS, THF.FT OR VANDALISM
If you suspect that someone is in or about the building who should not be there,
or if you see someone committing acts of theft or vandalism, first CALL 9-1-1
and report what you suspect - - then contact the Office immediately.
32. FIRE
In compliance with Title 19 of the State Fire Code, each building has been fur-
nished with a fire extinguisher located at the bottom of every other stairwell.
Remember, Emerald Cove has been designed as a fire resistant facility. Should a
fire occur, it would normally be limited to furniture and furnishings in your
apartment or in the building. The Huntington Beach Fire Department provides
periodic fire safety workshops in the clubhouse for our residents' benefit. In ad-
dition, the Fire Safety Officers will conduct a voluntary safety walk through each
resident's apartment in order to alert the resident to potential fire hazards. We
encourage you to take advantage of this potentially life saving service.
33. GUESTS
Your apartment is your private residence. You are welcome to have guests in
your home. Guests are also welcome in the recreational areas when accompa-
nied by a resident. As a courtesy to other residents, be sure that children visiting
you are properly supervised.
Remember that the resident will be held directly responsible for the actions of all
their guests. Guests must comply with all the property rules, including but not
limited to, those rules pertaining to noise, parking, and pets.
In accordance with our regulatory agreement, occupancy of your unit is limited
to qualified persons named on your Iease. Residents may have overnight visi-
tors; however, the resident is required to notify management on the day the
visitor arrives. A visitor may not become an unofficial roommate or an unau-
thorized resident.
An unauthorized resident is:
➢ A visitor who stays without timely notification to management by the resi-
dent;
➢ A visitor about whom the management has been notified but stays longer
than the notification period;
➢ A visitor who stays longer than 21 days in any 12 month period without prior
written authorization from management.
10 04/13/01
EMERALD COVE 0
RESIDENTS HANDBOOK
34. SOLICITATION
In order to protect the residents within the facility, there is a NO SOLICITATION
POLICY in effect. If anyone observes solicitations of any kind, please notify the
Office immediately.
35. RESIDENT ACTIVITIES
Residents are invited to participate in any social activities occurring in the public
areas of this facility or on organized field trips. All participation is completely
voluntary. Should you have any suggestions regarding social activities, please
contact the Office.
36. BALCONIES AND PATIOS
r If you have a balcony or patio, please use it as a pleasant additional living space
and not as a storage area. You are welcome to place appropriate outdoor furni-
ture and plants in your patio or on your balcony. Plants must be placed in pots
t with receptacles so that water will not drip on the balcony below.
i.. -
Please do not hang laundry or other unsightly items on the patio or balcony rails.
Barbecues are not permitted because of smoke and odor problems for neighbor-
ing apartments. An off-white roll -type shade may be permitted, with manage-
ment approval, to be attached to your overhang to keep out the hot sun.
Please refrain from washing or sweeping over the edge of the balcony, or shak-
ing dust mops or rugs over the rail, as this causes inconvenience and hazards for
people below.
37. PETS
Small pets are allowed providing they are registered. A security deposit is re-
quired. An unregistered pet, including visiting pets, is prohibited. Pet rules and
forms for registration are available in the office.
38. CAR WASHING
Because of the limited space between cars in our resident parking areas and
problems arising from splashes and over -spraying on neighboring cars, cars
must not be washed within the EMERALD COVE complex.
11 04/13/01
•
•
EXHIBIT "D"
Emerald Cove M
X
General Maintenance Standards
v'
Lawn Maintenance
a. MowinU - Lawn should be mowed weekly at a height of 2 %z inches or as
appropriate during the active. growing season and 2 inches or as needed
during the winter months. During the winter months, lawns will be
mowed on an as needed basis, weather permitting. Lawns will be kept up
exhibiting a well -maintained appearance.
b. Edginz - Lawn borders along sidewalks will be edged on a regular basis
with the mowing schedule. Lawn borders around flowerbeds will be
edged biweekly and supplemented by systemic herbicides.
C. Fertilizing - Application frequency to be a minimum of four times per
year or as required to maintain a healthy turf environment. Fertilizer is
to be a high grade, balanced organic blend, such as Turf Supreme 16-6-8
or equal.
d. Weed control - Pre -emergent weed control shall be applied a minimum of
two times per year for broad leaf control.
e. Aerification - Lawns will be aerified twice per year.
f. Thatching and Lawn_ Renovation_- Upon requests, lawns shall be thatched
and renovated.
II. Trees
a. Pruning.of trees and shrubs under 12 feet shall be pruned annually
during the dormant season.
b. Supplemental pruning and hedging will be done on an as -needed basis
throughout the year.
C. Trees shall be trimmed to keep them neat, healthy and to prevent
obstruction to pedestrians, vehicles and lighting. Pruning shall be done
selectively to enhance the natural form of the plant material.
III. Shrubs
a. Shrubs will be pruned and trimmed on an as -needed basis to keep all
shrubs neat, clean and health_ y and to prevent obstruction to pedestrians,
vehicles and lighting.
b. Shrubs shall be staked and tied as needed to support desired growth and
development.
N. Ground Cover Maintenance
a. Ground cover shall be edged to keep from spreading over walkways,
curbs or up walls and fences unless otherwise stated by city.
b. Weed control - Ground cover areas will be weeded and cleared of all
debris on a regular basis to maintain a neat and clean appearance.
Emerald Cove • •
General Maintenance Schedule
V.
Irrigation Maintenance
a. Clock Settin - Irrigation clocks shall be set and adjusted according to the
seasonal water requirements, quantities and frequencies consistent with
seasonal requirement of plant material and landscape areas and
according to changes in weather, temperature and rain fall, etc.
b. Repairs - The repairing maintenance of the irrigation controller, electrical
wiring and pressure pipe from the meter to the distribution valves will be
the responsibility of the contractor and be performed on a time and
material basis.
Walkways
Walkways shall be kept neat and cleaned. All spills, graffiti and trash
shall be removed immediately. Walkways shall be inspected on a regular
basis and any uplifting or liability issues associated with walkways shall
be reported to the city immediately.
VIL Lighting Maintenance
a. All lighting shall be inspected on a regular basis.
b. All security lighting and walkway path lighting shall be replaced
immediately when lighting goes out.
C. Any major maintenance associated with lighting repair shall be reported
to the city, immediately.
VIII. Parking
Parking lot shall be inspected on a regular basis. All trash and debris
shall be removed from the parking lots. Parking lot striping shall be
maintained in a manner that prevents liability. All parking areas shall be
kept neat and cleaned.
]X. Office Area
Office areas shall be kept neat and cleaned. There shall be an attractive
office maintained for access by residents.
X. Clubhouse Maintenance
a. Clubhouse shall be kept in a neat and orderly fashion.
b. Carpets shall be cleaned daily.
C. Posters, fliers, etc shall be maintained in a manner so as not to clutter
the clubhouse. Equipment such as televisions, chairs, tables, etc. shall be
kept in good working order.
Xi. Laundry Maintenance
a. Laundry room shall be kept neat and cleaned.
b. Laundry room shall be inspected daily.
N
Emerald Cove 0
General Maintenance Schedule
is
c_ Posted hours shall be clearly visible.
d. Machines shall be kept in good working order and repair.
XII. Patio Maintenance
a. Patios shall be kept clean and free of debris.
b. Tables and chairs shall be maintained so as to be safe and attractive.
- C. Patios areas shall not serve as storage areas for any equipment, etc.
XIII. Restroom Maintenance
a. Restrooms shall be cleaned periodically as needed.
b. Restrooms shall be kept in a dean and neat state.
C. All fixtures shall be maintained so that facilities work, dispensers are to
be kept full and paper towels shall be kept available.
W. Trash Areas
a. All trash areas shall be maintained in a neat and orderly manner.
b. Bins shall be kept free of graffiti,
C. Inspections shall be done to insure that bins are not overfilled.
L d. Contractors shall insure that trash bins are picked up on a regular basis.
i XV. Pest Control
Insects, Pests and Disease
a. Contractor shall apply a material required to help with controlling insects
and disease.
b. If pest control is done under contract with a third party, city shall
approve third party contract for pest control.
C. Proper notification of repellents and pest control systems shall be given
to all residents.
XVI. Apartment Building Maintenance
a. Apartment buildings shall be kept in a clean and visually pleasing state.
b. Painting of apartment building including touch up work, cleaning, etc.,
shall be performed to keep apartment buildings visually attractive.
A maximum number of ten points shall be awarded with each maintenance area.
Contractor must maintain a 70 percent score or better to not be in default of
management contract.
3
EXHIBIT "E"
Month
Inspected By
City of Huntington Beach
Emerald Cove Evaluation Report
1;TT
Landscape/Hardscane Areas
Area
Max. Pts.
Earned Pts.
Lawns
10
Trees
10
Shrubs
10
Ground Cover
10
Irrigation
10
Walkways
10
Lighting
10
Parking
10
Total
80
Total Points Earned
Score 0/6)
Received By Emerald Cove
Today's Date
Building Areas
M
x
a
Area
Max Pts.
Earned Pts.
Office
10
Clubhouse
10
Laundry
10
Patios
10
Restrooms
10
Trash Areas
10
Pest Control
10
Apt. Bidgs.
10
Total
s0
(160 maximum)
(Total Paints Earned 160)
SEP-28-2001 14:57
:SU UgNSR INSUR.NCE 818 762 2242 P-02/02
INSURANC `�"`
rev CERTIFICA
F LIABILITY SEP 0
191
I+
THIS CERTIFICATE IS ISSUI:O S A MATTER OF INFORMATION ONLY AND
ISU VANSA INSURANCE SERVICES
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
6180 LAUREL CANYON BLVD #27O
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
NORTH HOLLYWOOD CA 91606
POLICIES BELOW.
PHONE: 818-763-9165
FAX: 818-762-2242
COMPANIES AFFORDING COVERAGE
Agency Lick 0823558
INSURED
'COIAPANYA Scottsdale Insurance Co. _-
WESTERN SENIORS HOUSING, INC.
.. .-
�GOMM'_PA• ' _... • -
NY 8: HARTFORD INSURIINC� CW-
359 SAN MIGUEL $300
, ._..___... __ .._..__-• -
NEWPORT BEACH CA 92860
ICOMPAVY C:
COMPA%Y 0:
COVERAUES
-HIS IG TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED To THE INSURED NAMED ABOVE FC.R THE POLICY PERIOD INDICATED.
N07wiTHSTALUDING ANY REQUIREMENT. TERM OR CONO(T(ON OF ANY CONTRACT OR OTHER DOCUMENT WITIA RESPECT TOWH(CH THIS CERTIFICATE MAY BE LSSUEC
OR MAY PERTAIN, THE INSURANCE AFKOFDED
By THE POLICIES DESCRIBED HEREIN 15 SUB:ECT TO ALLTHE TERMS. EXCLIS'ONS AND CONDITIONS OF SUCH POLICIES -
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
—~----- VPE OF INSURANCE
:R
POLICY NUMBER POLICY FFPEClnvE • • - PCLICT ExPIgAT10N ! --- -_T--�• LIMITS
DATE L�IDO"V; OATS b+lHlDDlth'
GENERAL LIABILITY
CPSO433149 JUN 101 JUN 1 02 'EACH OCCURRENCE is ,
X COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any One Fael 7 100,OQD
• _ — CLAIMS MADE : X ' OCCUR
, MED- EXP (Any One Person) S 5,000
A
PERSONAL d AOV INJURY f 1,000,000
GENERAL AGGREGATE S 2,000,000
7GEN'LAGGREGATE LIMIT APPLIES PER -
- °PRODUCTS-COMPIOPAGG.` S-_ 2,QDD.000
POLICY ; PRaIECT " LOC
AUTOMOBILE LtABLUTY
' COM„INEO SINGLE LIMIT
- - ANY AUTO
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- ROD-LY INJURY '
(Per person) :
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RETENTION
WORKERS COMPENSATION AND
EMPLOYERS• LIABIuTY
Yv' prATL6 a-MER
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- E L- D(,SEASE•-EA EMPLOYEE S
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OTAER: FIDELITY COVE
720DDAS6649 APR 5 01 APR 5 02 .$250,000 LIMIT OF LIABILITY
B
•
DESCRIPTION OF OPF-RATIONS/LOCATIONSNEHICLESISPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL
INSURED AS RESPECTS OPERATIONS OF THE NAMED
INSURED.
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL60 OR MATERIALLY
CHANGED, BEFORE T►* EXPIRATION DATE THEREOF, THE I$SU:NG COMPANY WILL
_
CITY OF HUNTINGTON BEACH, ITS AGENTS.
OFFICERS AND
HAIL 91. DAYS wRITfEN NOTICE TO Tut= CERWICKE HOLDER NAMED TO THE
EMPLOYEES
LEVT
2000 MAIN STREET
HUNTINGTON BEACH, CA. 92648
AUTHOR1TED R£PRESENTATME
Attention: RON HAGAN
" "`
!
ACORD 25-S (7197)
Certificate # 1565 j" Tho 0640148
1ma7R8yes
.
TOTAL P.02
SER-29-2001 14:59
618 762 2242 92i P-02
r•rom: Susan Hodge 81 &762-2242 To: RON HOCAN DMe: %I"i Time: 3:12 56 PM Page 2 of
• •
POLICY NUMBER: CPSO433149 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS (Form B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
SCHEDULE
Name of Person or Organization; CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND
EMPLOYEES
2000 MAIN STREET
HUNTINGTON BEACH, CA. 92648
(If no entry appears above. information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by
or for you
CG 2010 11 85 Copyright. Insurance Services Office, Inc., 1984
Ceffmate it 1565
16:51 From-
Vr�c
T-959 P.02/03 F-551
ur LIHDILI I t IIY.7V 1IVL�+ M Eol"" 09/12/01
Sep-26-01
PRODUCER .-
Lockton Insuranco Brokers, Inc
125 S. Figueroa St., 35th Fl.
L• Angeles CA 90017
Pu.e;213-689-0065 Fax:213-669-0550
I niQ %.FKI iriL-H I G i z-rwzIJCi, Man wmi I r-m Ur Iry rUKLYIKI IVN
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED ISY THE POLICIES BELOW.
INSURERA' Ti. S
INSURERS Al FORDING COVERAGE
Fire Insurance Company
Kimco St ffing erviees Inc/ IINSURERB:
KimStaff�Madsen�Medi-Quest NI suaERc:
Staffing Services
P.O. Box 25190 INSURER M
Santa Ana CA 92799
I ._ INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAuEO ABOVE FOR THE POLICY PERIOD INDICATE!•. NOTW"STAND+NG
ANY REOUIRE.MENT, TERM OR CONDITION Cf ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIKICATE MA. BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED AY THE POLICES DESCRIBED HEREIN rS SUB.IECT TO ALL THE TERMS. EXCL USIONS AND C( NOITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTROA , .IW
R TYPE OF INSURANCE POLICY NUMBER O IvE DATE IMMr D1YY ulrrfs
GENERAL LIABILITY ACH OCCURRENCE S
COMMERCIAL GENERAL LIABILITY I ME DAMAGE (Any ana fire) i
CLAIMS MADE OCCUR I :IED EXP (Airy one person) i $
•'CRSONAL d ADV INJURY S
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.,FNERAL AGGREGATE IS
GEN'L AGGREGATE LIMIT APPLIES PER:
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OTHER
DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY El
RE: Employees of Western Seniors Housing
See Waiver of Subrogation attached.
CERTIFICATE HOLDER 114 I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
CITHU01
SHOULD ANY OF THE ABOVE DESCIZIB LED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Huntington Beach, its
DATE THEREOF, THE ISSUING INSUREI, WILLGUNNOWNr MAIL Jj0- DAYS WRITTEN
Attn : Director of Com unity
Services
2000 Main Street
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Huntington 'Roach CA 92648
TH 4RzA PPENTATIVE
ALiUKUI l5S (llUf)
OAUUKU L;UKt'UKAl KJN TWIG
SEP-25-2001 17:00 P.02
Selo-26-01 16:52 From— T-559 P 03/03 F-551
POLICY NUMBER:406-0278477 US FIRE INSURANCE COMPANY
IINSURED: KIMCO STAFFING SERVICES INC/
KIMSTAFFIMADSENIMEDI-QUEST STAFFING SERVICES
THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAf2EFULLY.
WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following -
IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAV HAVE AGAINST
THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BEC)\USE OF PAYMENT
WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK' DONE UNDER A
CONTRACT WITH A PERSON OR ORGANIZATION.
SCHEDUL5
Name or person or Organization:
City of Huntington Beach
SEP-26-2001 17:00 P.03
Sent: By: western Seniors Housirg 949 540 7599; Seo-26-01 8:09PM; Page 1/1
SEP-14-2001 111,31 l 1 Y Uh- t4UN 1 1 rya + UN =H, -M[cow 0
2000 MWn Street C dItanda 92646
DECLARATION of NON-FIMFLOYER 5TATU5
In order to campI3 witk City Council Resolution No. 6277, you arc regvired to provide prooF of
workers' Compensation insuranC,e. 1;3ou have no employces, this farm must 6e signcd and retuned
to:
City of Huntington 15cach
RiA Management Division
2000 Main Street
Huntington bcaA, CA 926t8
I certify that in the performance of tkc activity or work for wkiA tkis permit is issued, I shall not
employ arty person in any manner SOBs to 6ccamc su6jact to California WoAcrs' Compensation
insuran" requirements.
I authorise tke City of Huntington 15each to immediately and ratroactivelc� rcvolce t6 license or
Permit issued under this declaration if 1 hire any crnploycc(s) or become sub act to the provisions of
the laws requirins Woricors' Compensation Insurance.
Applicanl;/Compan,y Namc: _ W ��"
Address,
App licanrs 5iS na,ture ltc�4. Date: 9 - i-S-O
Tide:
Location 51.9ne0_ r"5-
CA
1911[,a
Telepkonc Numbcr.�
TOTAL P.OS
5EP-14-2001 11:38 714 374 1590 99% P.05
SEP-25-2001 18:11 949 640 7599 96% P.01
•
o4w) (tx.W1V
C. MWT)tly-W.Sf1V_
M Siry
Council/Agency Meeting Held:
Deferred/Continued to:
XA roved ❑ Con itionally Approved ❑ Denied
ity CleWs Signature
Co ncil Meeting te: September 17, 2001
Department ID Number: CS 01-059
CITY OF HUNTINGTON BEACH o
REQUEST FOR ACTION z
i
b � n
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �v
C�D �"
SUBMITTED BY: RAY SILVER, City Administrator XIV .221.1 ��
4► z
PREPARED BY: RON HAGAN, Community Services Director o
CLAY MARTIN, Administrative Services Director
SUBJECT: APPROVE AGREEMENT WITH WESTERN SENIORS HOUSING,
INC. FOR THE MANAGEMENT OF EMERALD COVE SENIOR
COMPLEX
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue. Should the City approve a management agreement with Western Seniors
Housing, Inc. for the operation and management of Emerald Cove Senior Housing Complex?
Funding Source: $35,916 per year. Emerald Cove Housing Professional Contract Services
Account #50345101.
Recommended Action: Motion to:
Approve the Management Agreement with Western Seniors Housing, Inc. for the management
of Emerald Cove Senior Housing Complex subject to approval of the insurance and bond
requirements by the City Attorney, and authorize the Mayor and City Clerk to execute the
agreement.
Alternative Action(s):
1. Do not approve the agreement with Western Seniors Housing, Inc. and award the contract to
LOMCO, the company that is currently managing Emerald Cove Senior Housing Complex,
and has for the past sixteen years; or
2. Do not approve the agreement with Western Seniors Housing, Inc. and direct staff to solicit
bids again.
Analysis: The management agreement for Emerald Cove Senior Housing Complex
expired in August 1999. Since that time, both Real Estate Services and Community Services
have been going through a process to update the tenant handbook and the terms and
conditions of a new management agreement. Requests for Proposals were solicited in April of
this year by Real Estate Services, as shown in Attachment 1, the RFP. It was an extensive
0 REQUEST FOR ACTION
MEETING DATE: September 17, 2001 DEPARTMENT ID NUMBER: CS 01-059
and detailed package which would allow for a methodical and objective basis for bid participants
to submit a thorough proposal to manage the Emerald Cove Senior Housing Complex. The
Requests for Proposals included a revised Property Management Agreement designed to
enhance the ability of the City to proactively supervise the interaction between the City's
management company representatives and the senior tenants, and insure that a quality menu of
services is continued at the complex to maintain' an active senior community. Seven Requests
for Proposals were sent to management companies, three were received, and the two qualified
companies, Western Seniors Housing, Inc. and LOMCO were interviewed. Prior to the opening of
the Requests for Proposals, an objective weighing and evaluation point system was established
to eliminate bias and install an almost absolute level playing field for all respondents to our
Requests for Proposals. The evaluation was broken down into two main steps to allow for the
examination of the cross section of the entire property management organization. (1) The
proposal submitted by the respondent; and (2) an interview of the management team conducted
by Real Estate Services and Economic Development Department. Areas that were reviewed and
rated during both steps included: program services, financial stability, senior and affordable
properly management experience, management fee, budget preparation, site manager
experience and the ability to provide requested records.
After the Request for Proposal process was complete and the firms were rated, Community
Services staff visited sites managed by the respondees. The low bid was submitted by Western
Seniors Housing, Inc.; a company based in Newport Beach that manages numerous senior
complexes. Community Services staff spent an entire day visiting these complexes and
reviewed accounting procedures, management procedures, recreational and social
programming, maintenance standards, etc. at these sites. Upon completion of the review of the
request for proposal packages, an independent rating by Real Estate Services and Economic
Development, and an on -site review by Community Services personnel, staff is recommending
that Council award the management and operations contract to Western Seniors Housing, Inc. of
Newport Beach, California. The contract amount is for $35,916 per year for the management fee.
The term of the agreement is five (5) years, with an option to extend the agreement for an
additional two (2) times in increments of two (2) years. The total budget for Emerald Cove is as
follows:
Income
Rents $777,840
Interest Income 70 160
Total Income $848,000
Expenses
Debt Service
$383,000
Depreciation
82,000
Operating Expenses
340,569
Maintenance & Repairs
42,584
Management Fee
35,916
Total Expenses $899,485
Net Income <$ 51,485>
CS01-059 Emerald Cove Management.doc -2- 09/10/01 10:34 AM
0 REQUEST FOR ACTION 0
MEETING DATE: September 17, 2001 DEPARTMENT ID NUMBER: CS 01-059
The negative $51,485 is funded from Emerald Cove fund balance. The City sets aside $82,000
per year in depreciation to fund capital improvements. The 2001/2002 budget contains $78,500
to repair/replace 41 balcony/decks, 41 stairways, 82 fences, 12 light poles, 9 light fixtures and 41
trees that are potentially hazardous to property or persons.
The rent structure as of October 1, 2001 is as follows:
32 studio units $355 month
132 One -bedroom units $405 month
There is no CPI annual adjustment. There is a $10 per month increase for new tenants. Once a
tenant moves in, there is no rent increase until they move out. The purpose of Emerald Cove
has been to provide affordable housing to very low income seniors. The current rent structure
meets the income required to pay on -going costs. The $2 million fund balance is a reserve fund
for capital funding and emergencies.
LOMCO, the management company for the past 16 years, has done an excellent job at Emerald
Cove and also submitted a qualified bid. Their unit cost was $1.75 per unit per month higher
than Western ($39,360 per year for the management fee) and their reporting systems are not as
complete as Western. While staff is satisfied with LOMCO's operation, a change is
recommended to Western Seniors Housing, Inc. to take advantage of the lower cost, better
reporting systems and new site manager.
A number of letters from Emerald Cove residents have been received in support of LOMCO. All
residents received notification of the date that this item would be reviewed by the City Council.
Environmental Status: NIA
Attachmentt's):
CS01-059 Emerald Cove Management.doc -3- 09/10/01 10:34 AM
ATTACHMENT #1 11
City of
HUNTINGTON BEACH
EMERALD COVE
SENIOR HOUSING COMPLEX
REQUEST FOR PROPOSAL
FOR
PROPERTY MANAGEMENT SERVICES
HUNTINGT0N BEACH
REQUEST FOR PROPOSAL
FOR
PROPERTY MANAGEMENT SERVICES
FOR THE
EMERALD COVE
SENIOR HOUSING COMPLEX
APRIL 11, 2001
City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648
•
REQUEST FOR PROPOSAL
TABLE OF CONTENTS
(1) SECTION I — INSTRUCTIONS TO BIDDERS
(2) SECTION it — SPECIAL INSTRUCTIONS TO BIDDERS
(3) PROPOSAL FORM
(4) SAMPLE MANAGEMENT AGREEMENT
(a) EXHIBIT A — EMERALD COVE PARCEL MAP & LOCATION
(b) EXHIBIT B — EMERALD COVE RENT SCHEDULE
(c) EXHIBIT C — EMERALD COVE RESIDENT'S HANDBOOK
(d) EXHIBIT D — EMERALD COVE MAINTENANCE STANDARDS
(e) EXHIBIT E — EMERALD COVE EVALUATION REPORT
(5) ATTACHMENT 1 — FY'99 —'00 EMERALD COVE OPERATING ACCOUNT
(6) ATTACHMENT 2 — SAMPLE RENT AGREEMENT
I - 11 [ -1 . -. , 1, 1 - -1 "- -" !,.- - I -- -
r M
0
0
•
171
SECTION I
INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
Section
Description
Page
1.0
EXAMINATION OF THE EMERALD COVE
1
COMPLEX AND MANAGEMENT AGREEMENT
2.0
INTERPRETATIONS AND ADDENDA
1
3.0
FORM OF PROPOSAL
1
4.0
MODIFICATIONS AND WITHDRAWAL OF
2
PROPOSALS
5.0
AUTHORITY TO WITHDRAW RFP AND/OR
2
NOT AWARD CONTRACT
6.0
RIGHT TO REJECT PROPOSAL
2
7.0
:PRE -CONTRACTUAL EXPENSES
2
8.0
SUBMISSION OF PROPOSALS
3
9.0
COLLUSION
3
•
SECTION I
INSTRUCTIONS TO BIDDERS
1.0 EXAMINATION OF THE EMERALD COVE COMPLEX AND MANAGEMENT_
AGREEMENT^
Each bidder shall thoroughly examine and be familiar with the Emerald Cove
Complex ("Complex") and the Management Agreement that will govern the basis
L: by which the City of Huntington Beach ("City") will expect the successful bidder to
perform against during the term of the Agreement. Submission of a proposal shall
constitute an acknowledgement upon which the City may rely that the bidder has
completed a thorough examination of the Complex and has a comprehensive
understanding of the Management Agreement. The failure or neglect of a bidder
to examine the Complex and/or the Agreement or any part thereof, shall in no way
relieve him from any obligations with respect to his proposal or to the Agreement.
No claim for additional compensation will be allowed which is based upon a lack of
knowledge of any Agreement document.
2.0 INTERPRETATIONS AND ADDENDA
' 2.1 The City is not responsible for oral statements made by any of their
employees or agents concerning this invitation to submit a proposal. No
P oral interpretations will be made to any bidder as to the meaning of any of
the Agreement documents. Every request for information shall be made in
writing and delivered to the attention of Mr. Matthew T. Lamb, Real Estate
Services Manager, at least five (5) days or more prior to the proposal due
} ' date in order to allow sufficient time to respond to all potential bidders.
2.2 If the bidder should find discrepancies in, or omissions from the invitation to
submit a proposal, or if the intent of the invitations is not clear; and if
provisions of the Agreement restrict bidder from submitting a proposal, the
bidder may request in writing that the deficiency(s) be modified. All
requests shall comply with section 2.1, Instruction to Bidders.
2.3 Addenda may be issued prior to the deadline for receipt of the bids for the
purpose of changing the intent of the Agreement documents. All addenda
shall be binding in the same way as if written in Management Agreement.
2.4 The bidder shall acknowledge the receipt of addenda on the face of the
Proposal Form.
3.0 FORM OF PROPOSAL
Each bid shall be made upon copies of the Proposal Form furnished in the
Agreement Documents. All blank spaces must be completed with the appropriate
response, typewritten or written in ink. Any spaces left blank or which are non -
Page 1- 4
responsive may be considered by the City as a basis to reject the proposal as
incomplete. Except as otherwise provided herein, proposals which are conditional
r in any way, or which contain erasures or interlineations not authenticated as
provided herein, or which contain items not called for, or items not in conformity
with applicable law, changes, additions, recapitulations, alternates, or any other
modifications of the Proposal Form which are not in accordance with the Bidding
Documents shall be rejected at the option of the City as non -responsive.
5 4.0 MODIFICATIONS AND WITHDRAWAL OF PROPOSALS
J
4.1 A modification of a proposal already received will be considered only if the
}- modification is received prior to the deadline for receipt of proposals. All
r modifications shall be made in writing, executed and submitted in the same
form and manner as the original proposal. Telephone or facsimile
s modifications shall not be considered.
4.2 Any bidder may withdraw its proposal by giving written notice to the City at
. the place such proposals are to be received at any time prior to the deadline
for receipt of bids. After the deadline for receipt of proposals and Until
execution of the Agreement, no bidder will be permitted to withdraw its
proposal unless said execution is delayed due to acts of the City for a
t>> period exceeding sixty (60) calendar days after the deadline for receipt of
proposals.
5.0 AUTHORITY TO WITHDRAW RFP AND/OR NOT AWARD CONTRACT
The City of Huntington Beach reserves the right to withdraw the RFP at any time
without prior notice. Further, the City makes no representations that any
Agreement will be awarded to any bidder responding to the RFP. The City
expressly reserves the right to postpone the opening of proposals for its own
convenience and to reject any and all proposals in response to this RFP without
indicating any reasons for such rejection(s).
6.0 RIGHT TO REJECT PROPOSAL
The City of Huntington Beach reserves the right to reject any or all proposals
submitted with or without cause. Any award made for this engagement will be
made to the bidder which, in the opinion of the City, is best qualified to conduct the
management of the Complex.
7.0 PRE -CONTRACTUAL EXPENSES
The City shall not, in any event, be liable for any pre -contractual expenses incurred
by any bidder. In addition, no bidder shall include any such expenses as part of
the price proposed to conduct the management of the Complex. Pre -Contractual
expenses are defined, but not limited to, as expenses incurred by bidders in:
• Preparing a proposal in response to the RFP.
Page 1- 2
0
•
Submitting that proposal to the City of Huntington Beach.
Negotiating with the City in any matter related to this RFP, proposal, and/or
_-- contractual agreement.
. Any other expenses incurred by the bidder prior to the date of an executed
Agreement.
8.0 SUBMISSION OF PROPOSALS
It is the sole responsibility of each bidder to deliver his proposal to the City at the
place for receiving proposals and prior to the time for receipt of proposals
announced in the Invitation to Bid or in modifying Addenda. Any bids received
€ ' after the time last announced for receipt of proposals will not be accepted and shall
be returned unopened.
9.0 COLLUSION
9.1 The bidder, by affixing his signature to his proposal, agrees to the following:
"Bidder certifies that his bid is made without any previous understanding,
agreement or connection with any person, firm, or corporation making a
proposal for the same items and is in all respects fair, without outside
control, collusion, fraud or otherwise illegal action."
9.2 Any, or all, proposals will be rejected if there is reason to believe that
collusion exists among the bidders. No participants in such collusion will be
considered in future Requests for Proposal for work with the City.
Page I - 3
•
.7
SECTION II
SPECIAL INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
Section
Description
Page
1.0
BIDDER INQUIRIES
1
2.0
PRE -BID CONFERENCE
1
3.0
SITE VISITS
1
4.0
PROPOSED RFP SCHEDULE
2
5.0
RFP DISCLAIMER
2
6.0
PROPOSAL FORM
2
7.0
PROPOSAL EVALUATION CRITERIA
3
8.0
ORAL INTERVIEWS
3
9.0
MANAGEMENT AGREEMENT
3
0
SECTION II
SPECIAL INSTRUCTIONS TO BIDDERS
1.0 BIDDER INQUIRIES
i
1.1 All requests for further information or clarification regarding this Request for
Proposal CRFP") shall be directed to:
Mr. Matthew T. Lamb
Real Estate Services Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Phone (714)536-5445
Fax (714)374-1571
1.2 To facilitate the exchange of information, Bidder's questions regarding the
RFP may be communicated by telephone before Pre -Bid Conference. All
answers by the City will be confirmed only in writing to all prospective
bidders by the above designated representative in the form of Addenda.
Receipt of any Addenda will be acknowledged by Bidders on the Proposal
form. All questions or clarifications after the Pre -Bid Conference will comply
with Section I, Section 2.
2.0 PRE -BID CONFERENCE
2.1 A mandatory Pre -Bid Conference will be held on May 1, 2001 at 9:00 a.m.
at the Emerald Cove Senior Housing Complex located at 18191 Parktree
Circle, Huntington Beach, California. Bidders are invited to ask questions
and to make a complete examination of the Site. Responses shall be made
at the Pre -Bid Conference with a written Addendum documenting such
responses.
3.0 SITE VISITS
If a prospective bidder wishes to inspect the Site before or after the Pre -Bid
Conference for the purpose of reviewing equipment, site layout, historical
management and maintenance records, etc., arrangements can be made with at
least forty-eight (48) hours prior notice with the City's designated representative.
Rom.
All Site visits must be made during the normal business hours of 8 a.m. to 4 p.m.,
Monday thru Friday. During any Site visit, residents are not to be disturbed,
questioned or otherwise interviewed to avoid confusion or disruption during the
RFP process.
Page 11 -1
4.0
f J
V]
PROPOSED RFP SCHEDULE
The proposed RFP schedule is subject to change by the City at any time and is
subject to the RFP Disclaimer specified in Section II, Section 5.
(A) Request for Proposal (RFP) Packages
mailed to Prospective Bidders
(B) Question & Answer Period
(C) Mandatory Pre -Bid Conference with all
Prospective Bidders
(D) Question & Answer Period, cont'd
(E) All RFP Questions & Clarification
due to City
(F) All Addenda by City due to
Prospective Bidders
(G) Proposals due to City (6 Copies)
(H) Proposal Evaluation and Interviews
(1) Successful Bidder signs Agreement
(J) City Council authorizes Agreement
(K) Management Company commences
services at Emerald Cove ("Site")
5.0 RFP DISCLAIMER
April 16, 2001
April 17 — 30, 2001
May 1, 2001
May 2 — 8, 2001
May 8, 2001 @ 5:00 p.m.
May 14, 2001 @ 1:00 p.m.
May 15, 2001 @ 3:00 p.m.
May 16 — June 1, 2001
June 4, 2001
June 18, 2001
TBD
This RFP does not commit the City to award a contract or to pay any costs
incurred in the preparation of the proposal. The City reserves the right to extend
the due date for the proposal and/or to accept or reject any or all proposals
received as'a result of this request, to negotiate with any qualified bidder, or to
cancel this RFP in part or in its entirety. The City may require the selected
management company to participate in negotiations and to submit such technical,
fee, or other revisions of their proposals as may result from negotiations.
6.0 PROPOSAL FORM
In order for the Proposal to be considered complete by the City on the due date
stated above in Section II, Section 4.0, the bidder must submit all information
requested by the City on the Proposal Form. Any information that is deficient,
incomplete, or missing will adversely impact the City's evaluation of the proposal
and may result in the City's ultimate rejection of the proposal on that basis.
Page 11 - 2
7.0
W
PROPOSAL EVALUATION CRITERIA
The City will evaluate each proposal using, but not limited to, the following criteria
as a basis to score each submittal:
• Qualifications and experience of the firm, the proposed Site Manager and other
Site employees with Senior Housing Property Management.
• Management Plan for the Emerald Cove Senior Housing Project.
• Transition Plan, if applicable.
• Financial stability of the company and its affiliates.
Commitment to Resident outreach within Emerald Cove (i.e., Newsletters,
Tenant Activities).
Results of reference checks. Reference checks will only be conducted for a
short list of firms or the top rated firm.
ORAL INTERVIEWS
The City may elect to interview a short list of qualified firms or to interview only the
top rated firm based upon the submitted proposals. Each bidder should be
prepared to have the proposed Site Manager and other key individuals available
for interviews during the bid evaluation period. If the City does interview a
particular bidder during the proposal evaluation phase, any and all information
presented to the City can and will be used as an evaluation element to determine
the successful bidder.
MANAGEMENT AGREEMENT
The successful bidder, as invited by the City, shall be prepared to execute a
Management Agreement ("Agreement") in substantially the same form as the
Sample Management Agreement contained in the RFP package. Any
modifications to the Agreement suggested by the successful bidder may be
considered by City prior to execution by the successful bidder. Upon receipt by fax
or other means of the City's desire to enter into an Agreement with a bidder, the
successful bidder will have five (5) working days to submit two (2) executed copies
of the Agreement to the City. Thereafter, the invitation to enter into an Agreement
is automatically rescinded, unless extended by City for its own purposes. All rights
reserved including, but not limited to those listed in Section II, Section 5.0.
Page If - 3
I
9-:7
U,
'Proposal Form
EMERALD COVE PROPERTY MANAGEMENT SERVICES
PROPOSAL FORM
Bidders must submit the following information, as well an original signed copy of
the Proposal Form, to the City by the due date specified in Section II, Section 4. A
total of six (6) executed copies of the entire submittal package are required.
(1) General background of firm (years in business, number of employees,
mission statemen4 etc.) -10 pages maximum
(2) Detailed breakdown of experience in the Property Management Industry,
specifically:
z . A current list of all property which is being managed by your Finn
' including (detailed by property), the number of units, the annual
operating budget; the unit types (1 or 2 bdrm), % of affordable, % of
- senior, senior only complexes, the rent schedule by unit type, the
year the complex was built, the number of staff assigned to each
property, the site manager with phone number.
. Submit a list of properties managed, with the same information as
provided above, for the previous three (3) years.
r.
(3) Provide a total of at least ten (10) senior (55 yrs.+) resident references from a
minimum of three (3) properties and a maximum of (5) properties that maybe
contacted as part of your proposal.
(4) Provide Financial Statements completed by an Independent auditor for your
last three years of operation. Further, submit a certified copy of your current
Financial Statement reflecting a complete record as of March 31, 2001.
(5) Provide a Detailed Management Plan presenting the basis upon which your
firm would manage the Emerald Cove Senior Housing Complex to include,
but not limited to:
Resumes for proposed Site Manager and other key Site personnel
(CPM, certified in CPR, experience with senior issues).
Resident Outreach or other types of Tenant Activity Programs
L . (Newsletters, Bus Trips).
A Transition plan from current management firm to your firm.
Goals and Objectives in managing Site to provide the highest
quality of life for the Residents within an approved budget.
A Proposed Operating Budget for Site.
CITY OF HUNTINGTON BEACH Page P - 1
.7
•
All support functions required in the management of the site and
the location of where those services will be provided.
(6) Submit a copy of a Newsletter, which has been recently circulated, from a
property under your management.
(7) Submit a copy of a Maintenance Plan & Schedule from a property currently
under your management
(8) Management Fee for the Emerald Cove Senior Housing Complex:
$ per lease unit per month
(9) Acknowledge all Addenda on the line provided below and initial.
Addenda #
initials
(10) Any othersWbmittals your firm would like to include for consideration by the
City during the proposal evaluation phase.
Exceptions (Please fist any and all exceptions to the Management Agreement in the space
provided below or in addition sheets of paper as required. Please initial and date all
additiolal sheets, if any, on the lower right comer)
Submitted and Signed by Authorized Agent,
Signature
Printed Name
Firm Name
Date
CITY OF HUNTINGTON BEACH Page P - 2
Sample Management
Agreement
MANAGEMENT AGREEMENT
FOR
PROPERTY MANAGEMENT SERVICES
OF THE
EMERALD COVE SENIOR HOUSING PROTECT
AGREEMENT INDEX
Section Heading
Page
1.
PURPOSE
1
2.
SITE
I
3. •
MARKETING
1
4.
RENTALS
1
5.
COLLECTION OF RENTS AND OTHER RECEIPTS
2
6.
OPERATING ACCOUNT
2
7.
DISBURSEMENTS FROM OPERATING ACCOUNT
2
8.
TENANT'S ACTIVITIES ACCOUNT
3
9.
ENFORCEMENT OF LEASES
3
10
WAITING LISTS AND APARTMENT MOVES
3
11.
MAINTENANCE AND REPAIR
4
12.
UTILITIES AND SERVICES
5
13.
EMPLOYEES
5
14.
OPERATING BUDGET
6
15.
BOOKS, RECORDS, AND REPORTS
7
16.
FIDELITY BOND
8
17.
BIDS, DISCOUNTS, REBATES, ETC.
8
18.
ON -SITE MANAGEMENT FACILITIES
8
19.
SERVICES NOT COVERED BY MANAGEMENT FEE
8
20.
TRANSFER OF MANAGEMENT
9
21.
INDEMNIFICATIONS, DEFENSE, HOLD HARMLESS
9
22.
WORKER'S COMPENSATION INSURANCE
9
23.
INSURANCE
9
24.
NONDISCRIMINATION
10
25.
TERM OF AGREEMENT
10
26.
COMPENSATION
11
27.
NOTICES
11
28.
CONTRACTOR ADMINISTRATOR
11
29.
CONVENANTS, REPRESENTATIONS AND WARRANTIES
11
30.
HAZARDOUS MATERIALS
12
31.
SUCCESORS AND ASSIGNS
12
32.
FORCE MAJEURE - UNAVOIDABLE DELAYS
13
33.
COMPLIANCE WITH LAWS
13
34.
BINDING ON HEIRS AND SUCCESSORS
13
35.
PARTIAL INVALIDITY
I3
36.
WASTE OR NUISANCE
13
37.
TIME OF ESSENSE
14
38.
GOVERNING LAW
14
39.
SURVIVAL
14
40.
ATTORNEY'S FEES
14
41.
SOLE AND ONLY AGREEMENT
14
42.
CAPTIONS
14
SIGNATURE PAGE
15
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MANAGEMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MANAGEMENT COMPANY
FOR THE MANAGEMENT OF EMERALD COVE SENIOR HOUSING PROJECT
THIS MANAGEMENT AGREEMENT ("Agreement') is made and entered into this day of
2000 by and between the City of Huntington Beach, a municipal corporation of
the State of California ("City") and ("Manager").
i WHEREAS, the City desires to engage the services of a management company to provide
management services for the Emerald Cove Senior Housing Project ("Site') and Manager has been
r selected to perform said services.
NOW, THEREFORE, it is agreed by City and Manager as follows:
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1. PURPOSE
The purpose of this Agreement is to provide for the management of certain real property ("Site").
The management of the Site pursuant to this Agreement and the fulfillment generally of this
Agreement are in the vital and best interests of the City, and the health, safety, morals and welfare
9 9 of its residents and in accordance with the public purposes and provisions of applicable federal,
L; state and local laws and requirements.
2. SITE
The Site is that portion of the land shown on the Map of the "Site," incorporated herein and
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attached hereto as Exhibit A and Iocated at 1$191 Parl.-tree Circle, Huntington Beach, California,
z- 92648. The Site is a senior affordable housing development consisting of the land, buildings,
comprising one hundred and sixty-four (164) dwelling units, and other improvements.
` - 3. MARKETING
The Manager will market Site as is necessary for full and continued occupancy of the premises,
` following a tenant selection policy as specified by City. The Manager will begin marketing upon
execution of this Agreement and all associated marketing expenses shall be paid out of the
Operating Account, such expenses shall not exceed the executed budget without prior written
consent from the City.
4. - RENTALS
Manager will offer for rent and will rent the dwelling units, parking spaces, and other rental
H facilities in Site. Incident thereto, the following provisions will apply:
A. Manager -Mll follow the tenant selection policy as specified by City.
B. Manager will show the premises and will provide a step-by-step process required for
tenancy in Site to prospective tenants.
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C. Manager will take and process applications for rentals. Manager will review
application based upon objective criteria agreed upon by both City and Manager. If an
1 application is rejected, the application along with a completed criteria sheet indicating
C . rating will be kept on file for one year.
D. Manager will prepare all dwelling leases and parking permits using forms that have
been submitted and approved by the City, and will execute the same in its name.
17: E. Manager will submit to the City annually a proposed rent schedule showing the
proposed increases to rent for dwelling units, and other charges for facilities and
services. The proposed rent schedule shall be based upon a market comparison with
similar type units and facilities, which shall be completed by Manager. The City will
1 review such rent schedules and will make adjustments as will best suit its purpose. No
increase in rents or fees shall be presented or implemented to the tenants of the Site
without the express written consent of the City.
5. COLLECTION OF RENTS AND OTHER RECEIPTS
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c- Manager will collect when due all rents, security deposits, charges and other amounts receivable on
City's account in connection with the management and operation of the Site. Manager, upon
execution, will use the current rent and security schedule incorporated herein and attached hereto
as Exhibit B as the basis for collection. Such receipts will be deposited directly in bank accounts
designated by City.
6. OPERATING ACCOUNT
City shall advance Manager the amount of Dollars to establish an
imprest account ("Operating Account"), to pay for all operating expenditures described in this
Agreement. Manager shall be authorized and entitled to request and receive disbursals from the
Operating Account for reimbursable costs, not more frequently than once each calendar month. In
no event shall an amount be disbursed from the Operating Account for a particular expense to the
extent such expense exceeds the amount budgeted by category therefor in the Approved Operating
Budget as specified in Section Fourteen (14). In case of an emergency, Manager shall be entitled
to additional disbursal(s) from the Operating Account to cover the additional expenses arising from
such emergency and shall submit a report prepared by Manager to City.
Upon monthly submission of the report required by Section Fifteen (15) of this Agreement, City
shall replenish Operating Account to the amount of Dollars ($�. In
addition to the monthly reimbursement of the account by City, City may reimburse the account as
needed to meet operating expenses, upon presentation by Manager and approval by City of
invoices from authorized expenses.
7. DISBURSEMENTS FROM OPERATING ACCOUNT
From the funds in Operating Account, Manager will make the following disbursements promptly
when payable:
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A. Self -reimbursement for compensation payable to employees and for the taxes and
assessments payable to local, state, and federal governments in connection with the
employment of such personnel.
B. The payments required to be made by City for taxes and assessments, fire and other
hazards insurance premiums, and rental interruption insurance premiums.
C. All sums otherwise due and payable by City as expenses of Manager authorized to be
incurred by Manager under the terms of this Agreement, including the fee payable to
the Manager for its services hereunder.
Except for the disbursements mentioned in Section 7 above, funds will be disbursed or transferred
from the Operating Account only as City may from time to time direct in writing.
8. TENANT'S ACTIVITIES ACCOUNT
Manager shall establish a tenants' activities account for the placing of all funds collected from
tenants for tenant's association activities. Said account shall be under the sole control of Manager
and City shall incur no liability to tenants in connection or payment of funds from this account.
Manager shall maintain a clear accounting record of amounts received from tenants, for what
purpose, the expense by item, and any other such tracking as may be appropriate. Manager shall
submit monthly a copy of the ledger and copies of all receipts and disbursements to City for the
tenants' activities account.
9. ENFORCEMENT OF LEASES
Manager will secure full compliance by each tenant with the terms of their lease and the Emerald
Cove Resident's Handbook (Exhibit Q. Manager shall maintain at the Site an individual lease file,
coded by unit number and tenant name. Voluntary compliance shall be emphasized, and Manager
shall counsel Tenants and make referrals to community agencies in cases of financial hardship or
other circumstances deemed appropriate by Manager, all to the end that involuntary termination of
tenancies shall be avoided to the maximum extent, consistent with sound management of the Site.
Nevertheless, Manager may lawfully terminate any tenancy with at lease thirty (30) days prior
written notice to City when, in Manager's judgment sufficient cause (including, but not limited to,
nonpayment of rent) for such termination occurs under the terms of the tenant's lease. Manager is
' authorized to consult with legal counsel to bring actions for eviction and to execute notices to
-- vacate and judicial pleadings incident to such action; provided, however, that Manager shall obtain
the prior written approval of the City for any such consultation, and that Manager follow such
instructions as City may prescribe for the conduct of any such action. Subject to City's prior
} written approval, attorney fees and other necessary costs incurred in connection with such actions
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will be paid out of the Manager's Operating Account as Site expenses.
10. WAITING LISTS AND APARTMENT MOVES
Manager shall maintain an official waiting list of interested parties who desire an opportunity for
- tenancy in the Site. This list shall, at a minimum, include the parties' name, current address,
telephone, and date of the request to be placed on the list. Each interested party must fill out and
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sign an "Interest Form". If an existing tenant desires to move to a different type of apartment
within the complex, the tenant must fill out and sign a "Apartment Change Request Form".
Manager shall also maintain an Apartment Change Waiting list with all relevant information.
Manager shall maintain both lists in an accurate and detailed manner with a proper filing system as
backup so that any party will understand their place on the list and the basis for their position.
Manager and City will establish guidelines for the proper use of these lists. All lists shall be
maintained in a secure location and Manager shall be responsible to maintain the confidentiality of
the lists.
t : 11. MAINTENANCE AND REPAIR
Manager will cause the Site to be maintained in a decent, safe and sanitary condition at all times
l _ acceptable to City; in accordance with the Huntington Beach Municipal Code and the laws of
California, including, but not limited to cleaning, painting, decorating, plumbing, carpentry,
grounds care, and such other maintenance and repair work as may be necessary, subject to any
limitations imposed by City in addition to those contained herein.
Incident thereto, the following provisions will apply
A. Special attention will be given to preventative maintenance, and the greatest extent
feasible, the services of Manager's regular maintenance employees will be used.
B. Subject to City's prior written approval, Manager will contract will qualified
E independent contractors for maintenance and for extraordinary repairs beyond the
capability of regular maintenance employees utilizing competitive bidding whenever
practicable.
C. Manager will systematically and promptly receive, investigate, and document all
service requests from tenants, take such action thereon as may be justified, and will
keep records of the same. Emergency requests will be received and services performed
on a twenty-four (24) hour basis. Complaints of a serious nature will be reported to the
City after investigation. City shall have the right to receive copies of all service
requests and the reports of action taken thereon.
D. Manager is authorized to purchase all materials, equipment, tools, appliances, supplies
and services necessary to proper maintenance and repair. Manager shall use best
efforts to'take such action as may be necessary to comply with any and all orders or
requirements of federal, state, county, or municipal authorities having jurisdiction over
the property and orders of any board of fire underwriters, insurance companies, and
other similar bodies.
E. Notwithstanding any of the foregoing provisions, the prior approval of the City will be
required for any expenditure which exceeds One Thousand Dollars (51,000.00) in any
one instance for labor, materials or otherwise in connection with the maintenance and
repair of the Project, except for recurring expenses within the limits of the operating
budget or emergency repairs involving manifest danger to persons or property, or
required to avoid suspension of any necessary service to the Project. In the latter event,
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Manager will inform the City of the facts as promptly as possible. And in no event
later than twenty-four (24) hours from the occurrence of the event.
Manager agrees to operate and manage the Site in a high quality manner and shall maintain the Site
in accordance with the minimum maintenance standards as listed in the attached Exhibit D and
incorporated herein by this reference. City reserves the right to amend Exhibit D at any time
during the term of the Agreement with at least 30 days prior written notice to Manager indicating
such changes to the maintenance standards. Manager agrees it shall provide an overall standard of
services at least equal to a " B" or better rating as described in the monthly Site evaluation report
(Exhibit E), with no single category maintained below a "C".
In the event the evaluation report indicates that the Site does not meet the minimum rating
requirements set forth above, the City will issue a detailed, itemized list of all items that need to be
corrected, improved, or repaired on the "Evaluation Form". The Evaluation Form shall serve as
the City's written notice pursuant to Section . City and Manager shall meet and discuss the
monthly Evaluation Form, and shall, in good faith, attempt to agree upon the steps Manager shall
take to correct, improve, or repair the items included on the Evaluation Form and the time schedule
for doing so. Except as provided below, Manager shall have sixty (60) days after receipt on the
monthly Evaluation Form to correct, improve, or repair each of the items on the Form, provided
that if any item cannot be corrected, improved, or repaired in such period, Manager shall have such
additional time as reasonably necessary to complete such correction, improvement, or repair so
long as Manager is diligently proceeding with such correction, improvement, or repair
("Correction Period").
12. UTILITIES AND SERVICES
Manager will make arrangements for water, electricity, gas, sewage and trash disposal, vermin
`- extermination, decorating, laundry facilities, and telephone service. Subject to the City's prior
approval, Manager will make such contracts as may be necessary to secure such utilities and
services. Manager shall implement an appropriate recycling program of aluminum, glass, paper
and any other materials that should be included in as part of sound waste management.
13. EMPLOYEES
In performing its duties and exercising its rights, Manager shall at all times be acting as an
independent contractor. In no event shall Manager hold itself out as having any relationship with
the City other than as expressly created herein. Any personnel employed by Manager in rendering
$ services shall be employees of Manager and shall not be deemed employees of City.
All on -site personnel will be employees of Manager and will be hired, paid, supervised, and
discharged through Manager, subject to the following conditions:
A. The compensation (including fringe benefits) of the Resident Manager, the Community
Services Coordinator, the maintenance employees, bookkeeping, clerical, and other
Managerial personnel shall be prescribed in Site's Annual Operating Budget, as
approved by the City Council in City's annual budget.
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B. Compensation (including fringe benefits) payable to the on -site management and
maintenance employees, and other personnel employed in the operation of Site, as
prescribed in the Management Plan to be approved by City, and all local, state and
federal taxes and assessments (including, but not limited to, Social Security taxes,
unemployment insurance, and workers' compensation insurance) incident to the
employment of such personnel, will be paid out of Operating Account and will be
treated as Site expenses.
C. Manager shall comply with all of the provisions of the Workers' Compensation
Insurance and Safety Acts of the State of California, the applicable provisions of
Division 4 and 5 of the California Labor Code and all amendments thereto; and all
similar State and Federal Acts and Laws applicable.
All employees of Manager are expressly prohibited from making any work arrangements with the
' residents of the Site to where compensation is exchanged between the resident and employee. All
work by employees of Manager shall be as directed by Manager in the execution of this
Agreement_
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k = 14. OPERATING BUDGET
Manager shall submit to City, by February 1 of each fiscal year this agreement is in effect, a
proposed budget for the following fiscal year ("Annual Operating Budget"). The Annual
Operating Budget shall, to the extent applicable, include:
h-; A. A statementof all revenues estimated to be derived from the Site, including, but not
limited to all sums payable, pursuant to all Leases, all sums payable in lieu thereof,
including, but not limited to, insurance proceeds payable as a result of business
- interruption and damages payable in lieu of rent, and all advances estimated to be
required to balance the budget.
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B. A statement of estimated costs and expenses regularly incurred, including, but not
limited to, the following:
i) All costs and expenses to be incurred in connection with the management,
operation, maintenance, or repair of the Site, including, but not limited to-
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-- 1) All sums payable under building service contracts, including, but not limited to,
agreements related to air-conditioning and heating, general cleaning, utilities,
refuse removal, grounds and plant maintenance, pest control, security,
- windowing cleaning, etc.
2) All other charges, costs and expenses of a regular nature for services and
d supplies provided to and for the benefit of the Site and in the normal operation
thereof;
ii) The installments of impositions and insurance premiums as may be required.
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C. A statement of costs and expenses of an extraordinary nature, including, but not limited
to, the following:
i) Estimated costs and expenses to be incurred in connection with the provision of any
capital improvements;
ii) Projected costs due to lack of reimbursement for claims under any policy of
Insurance covering the Site or cost arising from or under any guarantee, warranty,
bond or other contract relating to the Site as may be known at the time of
budgeting;
iii) Estimated costs and expenses, to the extent known at time of budgeting, to be
incurred pursuant to the order or direction of any state, federal or municipal
authority having jurisdiction.
D. A statement of estimated capital improvements, replacements or repairs, on a five (5)
year schedule, required to maintain the Site in a safe and healthy environment in which
to reside for the tenants including, but not limited to the following:
i) Projected replacement schedule for all major equipment, i.e. boiler, heat and
ventilating systems.
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ii) Projected schedules for painting exterior and common interior areas of the Site.
15. BOOKS, RECORDS, AND REPORTS
Manager will have the following responsibilities t&pith respect to the books, records, and reports:
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A. Manager will establish and maintain a comprehensive system of records, books, and
accounts in a manner satisfactory to City. Further, all records, books, and accounts
shall be maintained in an electronic format acceptable to the City. City's authorized
representative may examine records, books, and accounts during normal business
hours.
B. With respect to each fiscal year ending during the term of this Agreement, Manager
will have an annual financial report prepared by a Certified Public Accountant or other
person acceptable to City and Manager. The report will be certified by the preparer and
Manager, and will be submitted to City within sixty days after the end of the fiscal
year. Any compensation for the preparer's services will be paid out of Operating
Account.
C. Manager will prepare a monthly report comparing actual and budgeted figures for
receipts and disbursements, and with a schedule of accounts receivable and payable for
Operating Account, and will submit each such report to City within fifteen (15) days
after the end of the month covered. Manager will also furnish City with all appropriate
backup material related to such disbursements as proof of such expenses upon request.
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D. Manager will furnish such information (including occupancy reports) as may be
requested by City from time to time with respect to the financial, physical, or
operational condition of Site.
16. FIDELITY BOND
Manager will furnish to City, at Manager's expense, a fidelity bond in the principal sum of One
Hundred Eighty Thousand Dollars ($180,000), or an amount equal to Site's gross potential income
for two months, whichever is greater, and is conditioned to protect City against misappropriation of
Site funds by Manager and its employees. Acceptance of this bond by City is conditioned upon the
prior written approval of such bond by the City Attorney, in accordance with terms of the City
Charter.
17. BIDS DISCOUNTS REBATES ETC.
Manager will obtain contracts, materials, supplies, utilities, and services on the most advantageous
terms to Site, and shall solicit, at least three (3) written bids, for items that can be obtained from
more than one source. Manager will secure and credit to City all discounts, rebates or
.- commissions obtainable with respect to purchases, service contracts, and all other transactions on
City's behalf.
18. ON -SITE MANAGEMENT FACILITIES
Subject to further agreement of City and Manager as to more specific terms, Manager will
= maintain a management office within Site. The City reserves the right to instruct Manager to
change Site Manager or other responsible employee at any time during the term of this Agreement
with at least six (6) months prior notice. Any Site Manager or other responsible employee is
subject to written approval by City.
{ 19. SERVICES NOT COVERED BY MANAGEMENT FEE
The following expenses shall not be borne by Manager, but shall in all cases by paid for directly
from the Operating Account for the Site:
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_ A. On Site Manager
B. Other on -site staff, such as clerical assistant and custodial staff.
C. Legal and auditing expense, finance and accounting materials and services, tenant rent
payment receipts.
D. Maintenance and repairs.
E. Security personnel, if required.
F. Around -the -clock personnel, as approved by City.
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G. Cost of lock box service, delinquency notices, evictions.
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20. TRANSFER OF MANAGEMENT
-= Manager shall be responsible to take all actions necessary to work and obtain all information from
i the outgoing management company to ensure that a smooth and efficient transfer occurs. All
documents, records, systems, and contracts shall be in place by Manager effective the
Commencement Date of this Agreement. Manager shall make every effort to make the transfer of
management transparent to the residents of Site. All records produced or used by Manager,
whether location on -site or at Manager's business address, shall remain the property of City.
21. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
Manager hereby agrees to protect, defend, indemnify and hold and save harmless City, its officers,
and employees against any and all liability, claims, judgments, costs and demands, however
caused, including those resulting from death or injury to Manager's employees and damage to
Manager's property, arising directly or indirectly out of the obligations or operations herein
undertaken by Manager, including those arising from the passive concurrent negligence of City,
but save and except those which arise out of the active concurrent negligence, sole negligence, or
the sole willful misconduct of City. Manager will conduct all defense at its sole cost and expense.
City shall be reimbursed by Manager for all costs or attorney's fees incurred by City in enforcing
this obligation.
22. WORKER'S COMPENSATION INSURANCE
Pursuant to California Labor Code §1861, Manager acknowledges awareness of §3700 et seq. of
said code, which requires every employer to be insured against liability for worker's compensation;
Manager convenants that it will comply with such provisions prior to commencing performance of
the work hereunder_
Manager shall maintain worker's compensation insurance in an amount of not less than One
Hundred Thousand Dollars ($I00,000) bodily injury by accident, each occurrence, One Hundred
Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty
t - Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in
r forms and underwritten by insurance companies satisfactory to City . Manager shall require all
subcontractors to provide such worker's compensation insurance for all of the subcontractor's
employees. Manager shall furnish to City a certificate of waiver of subrogation under the terms of
the worker's compensation insurance and Manager shall similarly require all subcontractors to
waive subrogation.
23. - INSURANCE
Manager shall carry at all times incident hereto, on all operations to be performed hereunder,
general liability insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability. Said insurance shall also include
automotive bodily injury and property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to City for all operations, subcontract
work, contractual obligations, product or completed operations and all owned vehicles and non -
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owned vehicles. Said insurance shall name the City, its officers, agents and employees and all
public agencies as determined by the City as Additional Insureds. Manager shall subscribe for the
maintain said insurance policies in full force and effect during the life of this Agreement,. in an
r:: amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If
coverage is provided under a form which includes a designated general aggregate limit, such limit
shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage,
Manager shall immediately notify City of any known depletion of limits. Manager shall require its
insurer to waive its subrogation rights against City and agrees to provide certificates evidencing the
same.
24. NONDISCRIMINATION
In the performance of its obligations under this Agreement, Manager will comply with the
provisions of any Federal, State or local law prohibiting discrimination in housing on the grounds
of race, color, sex, creed or national origin.
25. TERM OF AGREEMENT
This Agreement shall be in effect for a period of Five (5) years beginning on the day of
y , 2001 ("Commencement Date"), and ending on the day of , 2006, subject,
fro however to the following conditions:
A. The City shall have the option of extending this Agreement for an additional two (2)
times in increments of two (2) years and shall give written notice of its intent to
i`exercise this option six (6) months prior to the expiration of this Agreement. Manager
must submit in writing within thirty (30) days from receipt of City's intent to extend
that Manager agrees to continue as a party under the same terms and conditions of the
Agreement for the stated two (2) year term.
B. All services contracted for under this Agreement must be performed in a manner
acceptable to City. City may terminate Manager's services hereunder at any time with
cause, and with sixty (60) days written notice, whether or not the term of Agreement
has ended. However, any termination and any special instructions hereunder from City
" shall be made in writing and delivered in person to Manager or mailed through the
normal course of mail.
`w C. In the event a petition in bankruptcy is filed by or against Manager, or in the event
Manager makes an assignment for the benefit of creditors or takes advantage of any
insolvency act, City may terminate this Agreement immediately upon written notice to
Manager of such termination.
D. Upon termination, Manager will submit to City all records, including all financial
Iedgers, as specified, but not limited to, in Section Fifteen (15). After the two parties
have accounted to each other with respect to all matters outstanding as of the date of
termination, City will fumish Manager security, in form and principal amount as
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determined by City, against any obligations or liabilities Manager was authorized to
incur on behalf of City hereunder.
26. COMPENSATION
Manager shall be entitled for its services under this Agreement to a Management Fee equal to
{$ ) dollars per leased unit per month. The Management Fee shall be due and
payable monthly to Manager on the first day of each month, commencing at the end of the first full
calendar month of the term hereof. Manager is authorized and empowered to pay the Management
i : Fee from the Operating Account.
27. NOTICES
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Notices to either party shall be deemed delivered twenty-four (24) hours after posting in the United
States Mail Service at the addresses shown below:
CITY MANAGER
Director of Community Services
City of Huntington Beach Management Company
2000 Main Street
Huntington Beach, CA 92648
2"d Copy to CITY
1 Real Estate Services Manager
City of Huntington Beach
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2000 Main Street
Huntington Beach, CA 92648
2$, CONTRACT ADMINISTRATOR
The Director of Community Services, or his designee, shall be City's Contract Administrator for
- this Agreement and all approval and notices required to be given herein shall be so directed and
addressed.
r- 29. COVENANTS, REPRESENTATIONS AND WARRANTIES
Manager acknowledges, represents, warrants and agrees that:
A. City intends that Manager's duties to be that of a Fiduciary, with respect that any
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decision made or action taken in connection with the rendering of the performance of
property management services under this Agreement, and it will discharge its duties
with respect to the Site solely in the interests of City and with the care, skill, prudence
and diligence under the circumstances then prevailing that a prudent person acting in a
like capacity and familiar with such matters would use in the conduct of an enterprise
of like character and with like aims.
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B. It has complied with and, when required, will comply with, all regulations,
registrations, filings, authorizations, consents or examinations required by any
szovernmental authority having iurisdiction over its activities or the acts contemplated
f:. by this Agreement.
C. The personnel of Manager who will responsible for carrying out this Agreement are
individuals experienced in the performance of the various functions contemplated by
this Agreement.
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D. It shall defend and hold the City harmless from and indemnify the City against any and
all liability, loss, damages, court costs and expenses (including attorneys' fees) which it
may incur and suffer under other Applicable Laws resulting from, arising out of,
relating to or in connection with the breach by Manager of any of the terms, covenants,
representations or warranties of this Agreement, the violation of any Applicable Law
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by Manager or Manager's negligence or willful misconduct.
E. It shall promptly notify the City of any contemplated change in control of Manager and
of any and all legal or financial actions against Manager, directly or indirectly, by any
and all parties.
F. It shall promptly notify the City in the event that any of the foregoing
acknowledgements, representations, warranties or agreements shall no longer by true.
The foregoing acknowledgments, representations, warranties and agreements are understood to be
relied upon by City in agreeing to enter into this Agreement.
,.. 30. HAZARDOUS MATERIALS
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Unless approved in advance in writing by City, Manager shall not allow or permit any Hazardous
Materials to be brought upon. stored, manufactured, generated, handled, recycled, treated,
disposed, or used on, under or about the Site for any purpose; provided that, Manager may permit
the storage and use of general office and landscape maintenance materials for the Site used in the
ordinary course of business, such as copier toner, liquid paper, glue, ink and janitorial cleaning
_ solvents. All materials must be used in the manner for which they were designed and in such
amounts as may be typical for management operations for Site so long as the disposition, handling,
storage or quantity of such items are at all times in compliance with all applicable laws.
31. SUCCESSORS AND ASSIGNS
This Agreement is personal to Manager, and Manager will not assign, transfer or sell this
Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void
and confer no right on any third party. Any purported transfer of control, voluntarily or by
.. - operation of law, except with the prior written consent of City, shall render this Agreement
absolutely null and void. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their permitted respective successors.
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32. FORCE MAJEURE — UNAVOIDABLE DELAYS
Should the performance of any act required by this Agreement to be performed by either City or
Manager be prevented or delayed by reason of an act of God, strike, lockout, labor troubles,
inability to secure materials, restrictive governmental laws or regulations, or any other cause except
financial inability not the fault of the party required to perform the act, the time for performance of
the act will be extended for a period equivalent to the period of delay and performance of the act
during the period of delay will be excused, provided, however, that nothing contained in this
section shall excuse the prompt payment of rent by Manager as required by this Agreement or the
performance of any act rendered difficult solely because of the financial condition of the party,
City or Manager, required to perform the act.
33. COMPLIANCE WITH LAWS
Manager shall at Manager's own cost and expense comply with all statutes, ordinances,
regulations, and requirements of all governmental entities, including federal and state and county
and municipal, relating to Manager's use and occupancy of the Premises and Manager's Facilities
whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter
enacted. The judgment of any court of competent jurisdiction, or the admission by Manager in a
proceeding brought against Manager by any government entity, that Manager has violated any
t such statue, ordinance, regulation, or requirement shall be conclusive as between City and
i Manager and shall be ground for termination of this Agreement by City. Manager will obtain all
permits and other governmental approvals required in connection with Manager's activities
hereunder.
34. BINDING ON HEIRS AND SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this Section shall
not be deemed to be a waiver of any of the conditions against assignment set forth herein.
35. PARTIAL INVALIDITY
Should any provision of this Agreement be held by a court of competent jurisdiction to be either
_. invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full
force and effect unimpaired by the holding, so long as the reasonable expectations of the parties
hereto are not materially impaired.
36. WASTE OR NUISANCE
Manager shall not commit or permit the commission by others of any waste on the Premises.
Manager shall not maintain, commit, or permit the maintenance or commission of any nuisance as
defined in Section 3479 and/or Section 3480 of the California Civil Code on the Premises; and
Manager shall not use or permit the use of the Premises for any unlawful purpose.
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37. TIME OF ESSENCE
Time is expressly declared to be the essence of this Agreement.
38. GOVERNING LAW
This Agreement shall be governed under the laws of the State of California.
39. SURVIVAL
Terms and conditions of this Agreement which by their sense and context survive the termination
17 or expiration of this Agreement shall so survive.
40. ATTORNEY'S FEES
It
J In the event suit is brought by either party to enforce the terms and provisions of this Agreement or
t_
to secure the performance hereof, each party shall bear its own attorney's fees.
41. SOLE AND ONLY AGREEMENT
This Agreement constitutes the entire agreement and understanding between City and Manager
respecting the Premises, the licensing of the Premises to Manager, or the license Term herein
specified, and correctly sets forth the obligations of City and Manager to each other as of its date.
Any agreements or representations respecting the Premises or their licensing between the parties
t not expressly set forth in this instrument are null and void. This Agreement or any part of it may
_ not be changed, altered, modified, limited or extended orally or by any Agreement between the
parties, unless such Agreement is expressed in writing, signed and acknowledged by City and
Manager, or their successors in interest. This Agreement supercedes any and all prior Agreements,
written or verbal, between the parties respecting the Premises.
42. CAPTIONS
Captions used in this Agreement are for ease of reference only and shall not affect the construction
or interpretation of this Agreement.
Balance of page intentionally left blank
SIGNATURES ON NEXT PAGE
Page 14 of I5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their authorized officers the day, month and year first written above.
MANAGER: CITY:
Management Company CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
ITS: (circle one) Chairman/President/Vice
President
LIM
Mayor
ATTEST:
City Clerk
pant name
ITS: (circle one) Secretary/Chief Financial APPROVED AS TO FORM:
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
City Attorney
INITIATED AND APPROVED:
Director of Community Services
Page I5 of 15
•
EXHIBIT "A"
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•
EMERALD COVE
SENIOR CITIZEN
APARTMENTS
EMERALD COVE IS COMPRISED OF 164 APARTMENTS
WH[CH INCLUDE 32 STUDIO UNITS AND 132 ONE -
BEDROOM UNITS. THE PROJECT IS LOCATED ON A 4.2
ACRE SITE JUST A FEW HUNDRED FEET WEST OF BEACH
BLVD. ON THE SOUTH SIDE OF TALBERT AVENUE. THE
PROJECT OFFERS A UNIQUE GARDENUKE S =TTtNG WfFH
LOW -PROFILE BUILDINGS AND AN EXTENSIVE AMOUNT OF
LANDSCAPING AND PEDESTRIAN WALKS TO THE
ADJACENT TERRY PARK. CONVENIENT PARKING IS
PROVIDED TO EVERY BUILDING WITHIN THE SITE.
EMERALD COVE ALSO PROVIDES A CENTRAL RECREATION
CENTER WHICH INCLUDES MEETING AND LOUNGE SPACE,
THE RENTAL OFFICE, A LAUNDRY FACILITY AND A KITCHEN
FOR COMMUNITY ACTIVITIES OF THE RESIDENTS.
CITY OF
HUNTINGTON BEACH
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•
EXHIBIT "B"
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EMER.9I D COVE RENT, SCHEDULE
16 Upstairs Studio Apartments $34S per month
16 Downstairs Studio Apartments $345 per month
66 Upstairs One Bedroom Apartments $395 per month
66 Downstairs One Bedroom Apartments $395 per month
For each fiscal year (October 1 - September 30) residents who move in on
October 1 or aftermill pay $10 per month more than residents who moved
in during the prior fiscal year.
•
EXHIBIT "C"
F's
4
City of Huntington Beach
HUNnNGTON BEACH
EMERALD COVE
Resident's Handbook
m
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EMERALD COVE 0 0
RESIDENT'S HANDBOOK
1. WELCOME!
Welcome to your new home in EMERALD COVE! We hope you will soon feel
"at home" in your new surroundings.
The primary purpose of EMERALD COVE is to provide quality housing for
senior citizens. We think you will also discover that it is more than just a Ip ace to
' live - - it's a way of living that includes many possibilities for making new
friends and participating in various pleasant activities. Residency is open to all
_ persons without regard for race, religion, sex or national origin.
i.
This handbook will answer many questions you may have about your new home
and help you get settled. It contains some general information as well as some
A specific regulations. Please read it carefully and keep it for future reference.
2. THE OWNER
t
EMERALD COVE is owned by the City of Huntington Beach and is one of the
first of its kind. It is the result of a pioneering effort on the part of the City to
provide Iow cost housing for the elderly. The City, as owner, establishes policies
for residency, approves and monitors the operating budget, and sets the rents.
a
3. THE MANAGEMENT
s _ The EMERALD COVE complex is operated under an Agreement with a man-
agement company hired by the City. The management company is responsible
for all operations, programs and staffing, and works within the policies set forth
by the City.
4. MAIL
The mail is delivered in accordance with US Post Office rules and regulations.
All mail, except larger packages, will be deposited in your private mailbox. Your
mail box number is the same as your apartment number.
x a Private mailboxes for buildings 1 through 3 are located on Park View Lane.
Mailboxes for buildings 6 through 9 are located on Park Tree Circle. Mailboxes
for buildings 4 and 5 are located on both streets. Check with the office for the lo-
cation of your mailbox if you are living in building 4 or 5.
Your mailing address is as follows:
w (Your Name)
(Your street address and Apt #)
�- Huntington Beach, CA 92648
1 a4/is/oi
EMERALD COVE Is
RESIDENT'S HANDBOOK
•
Omission of your apartment number may cause a delay in the delivery of your
:F mail. Packages that are too large for the mailbox may be delivered to the Office
for pickup during Office hours. The Office cannot accept Registered Mall.
Note: Be sure to notify the US Post Office of your new address when moving in
or out of the facility. Please leave your forwarding address with the Office when
moving out.
5. THE ADMINISTRATION
The policies established by the owner and the day-to-day operations are admin-
istered by the Management Agent through the Administrator. The Administra-
tor will welcome any and all questions and suggestions you may have to im-
prove the quality of life in the facility. Both the management company and the
City will review all suggestions submitted in writing and a written response will
_- be forwarded to you.
6. BUSINESS OFFICE HOURS
The office is open Monday through Friday. Check with the Office for the daily
schedule. If necessary, arrangements can be made with the Administrator for
business appointments outside of regular office hours.
7. REQUIREMENTS FOR CONTINUED RESIDENCY
It is the hope and intention of all persons involved in the operation of Emerald
Cove to do everything possible to help make your residency here a long and
pleasant experience. Your lease agreement, along with this handbook, spells out
the conditions with which you must comply to help make this hope and inten-
tion come true.
This facility is designed and operated for those who are 60 years of age or older
and who are fully capable of meeting the terms of the lease. Neither the man-
agement company nor the City provides personal or health care services. Each
resident must be able to take care of his or her own needs. This may be accom-
plished by taking responsibility to arrange for someone else to perform personal
and home management chores as needed to fulfill the lease terms. Applicants
who are accepted for residency must sign a statement indicating their under-
standing that this facility is designed for apartment living, and that if, in the
opinion of Management, they become unable to meet the lease terms, they will
willingly vacate their apartment, moving, perhaps, to a facility that can better
meet their needs.
2 04/13/01
EMERALD COVE 0
RESIDENT'S HANDBOOK
•
The City rules for occupancy require that this apartment must be one's only
f_ place ofresidence. However, residents mayhold their apartment during tempo-
rary illness while absent for medical treatment and convalescence that does not
exceed one year. ?he advance payment of fufl monthly rent must continue dur-
ing the absence. In case of temporary or limited incapacity, family members may
assist the resident in order to maintain proper care for the resident and his/her
apartment. In absence of family assistance, there may be circumstances where
temporary homemaker services can be obtained through the Orange County
�q Public Services Agency (774704-8000) or Senior Outreach Program at 536-2478.
` When a resident vacates an apartment and transfers to another facility for health
reasons, and then regains the capacity to maintain full compliance of the terms of
the lease, the person will be given priority over new rental applications for a liv-
ing unit in this facility if so desired.
Please remember that your lease agreement refers to your obligation to refrain
from behavior that will disturb the rights and comforts of the residents. Specifi-
cally, intoxication or excessive use of alcoholic beverage, illegal drugs, disorderly
conduct, obscene language and/or objectionable noise or other disturbances by
the resident or the guests of a resident shall be sufficient cause for termination of
tenancy.
8. TERMINATION OF RESIDENCY
Residents may terminate their lease agreements at any time by giving a thirty
s (30) day written notice of their intent to vacate their apartment. Rent and all
other charges, if any, will be paid through the vacating date.
. The City may request a termination of residency when, in the judgment of both
the management company and the City, a person can no longer live independ-
ently. Every effort will be made to work cooperatively with the resident and the
resident's family in these instances. Persons who vacate under these conditions
and who later become able to live independently, and who wish to return as a
resident, will be given priority on the Huntington Beach waiting list, for a Iving
unit in this facility.
The City reserves the right to enforce termination of occupancy in accordance
with the procedures described in the lease and the laws of the State of California.
9. RESIDENT RELATIONSHIPS AND TENANT GRIEVANCES
The City will make every effort to provide good management which has a
genuine concern for people, coupled with professional competency in property
care and fiscal control.
3 04/13/01
EMERALD COVE 0
RESIDENT'S HANDBOOK
•
Fi The Management Agent hires all staff personnel, who are under the direct su-
pervision of the Administrator. Only the Administrator has the authority to as-
sign duties. Residents should not give instructions to any employee. Any sug-
gestions or requests that the residents may have about work to be done or about
staff persons, should be made in writing directly to the Administrator or through
the Business Office.
Employees may not accept tips or personal gifts from the resident nor from their
r-
families. To do so might result in unequal service to other residents. All resi-
dents are required to observe this regulation.
The Administrator and staff are to be sensitive and responsive to any grievance
or complaints brought to them by or on behalf of residents. Resident monthly
meetings will be held. The prime function of the resident meetings will be to
plan and coordinate programs and activities that will enrich life within the com-
plex. The meetings will also be used as a sounding board for tenants' concerns
regarding day -today operation and tenant policies. Grievances may come di-
rectly from the tenant to the Administrator or through action by the residents at
their monthly meetings. All such concerns will be given proper attention by the
Administrator.
In order to clarify and expedite the handling of grievance concerns, the following
procedure has been agreed to by the City and Management:
A. Every resident is free to express any concern, suggestion or grievance.
' However, in order to be formally dealt with, these matters must be put in
writing on printed grievance forms that are available in the Office.
B. These written items will first be dealt with and responded to by the Ad-
ministrator. If the resident is not satisfied with the Administrator's re-
sponse, he or she should request a meeting with the Management Super-
visor or any officer of the Management Company.
C. If not satisfied with the results from the contact with the Administrator
u and/or the Management Company, the resident may take the matter to
City staff for review. This review will be conducted by the Community
Services Department, a representative from the City's Real Estate Services
Division, and a representative from the City Administrator's Office.
In order for City representatives to review resident matters that are
brought to them, all previous steps in the grievance process must ha ve
been follo wed. This information is being gl ven in order to assist all resi-
dents in obtaining a timely resolution of their concerns
4 04/I3/01
EMERALD COVE •
RESIDENT'S HANDBOOK
10. PAYMENT OF RENT
# Your monthly rent payment is due and payable on or before the first day of each
s month. Rents are overdue if not paid by the 51h day of the month by 5:00 p.m. A
$25.00 late charge will be assessed.
Payment shall be made to the office. Receipts for rent and other payments will
be issued as soon as the item is posted in the account ledger.
f:
Please make sure that you receive a receipt for your rent payment. The monthly
rent charges are set by resolution of the Huntington Beach City Council.
11. MOVING FROM ONE APARTMENT TO ANOTHER
Residents who wish to change apartments should make a written request to the
F' Administrator. When permission is given and a move takes place, a fee of
$100.00 will be charged. Payment may be paid in 3 monthly installments of
$33.33.
Receipts for rent and other payments will be issued as soon as the item is posted
in the account ledger.
12. APARTMENT INSPECTION
At move -in or move -out, inspection of each apartment will be made by both the
resident and Management. Results of these inspections are recorded on a form
that is signed by both parties. This form becomes a part of the resident's lease
and is used to determine the basis for damage claims, if any, upon move -out.
Management will also make arrangements with residents for additional sen -
} " annual inspections of apartments as a maintenance prevention measure.
13_ SECURITY DEPOSIT
.� Each resident will make a security deposit at the time of moving into the facility.
:. This deposit will be in addition to any rent paid. The deposit will be held in trust
by Management and will be returned in full when a tenant vacates an apartment,
providing there has been no damage to the apartment, and no rent is owed per
"lz provision of the lease.
5 04/13/01
EMERALD COVE i 0
RESIDENT'S HANDBOOK
14. APARTMENT FURNISHINGS
Residents will furnish their own apartments with the exception of carpets, drapes
and major kitchen appliances with the exception of the refrigerator. Any carpet,
kitchen or bath flooring, window covering, or appliance changes made by the
resident must be approved in writing by the Administrator.
15. APARTMENT INSURANCE
The City or Management carries no insurance of any kind on the belongings in
your apartment. The resident is encouraged to purchase adequate insurance
coverage for such possessions as well as personal liability insurance to cover any
claim that might arise from accidents occurring in your apartment resulting in
injury to guests or to the building and equipment.
16. APARTMENT TELEPHONE
Each apartment is provided with a telephone outlet. If you want telephone
service, make direct contact with the telephone company. There are specific rates
iJ for low -use telephone service that may be of interest to you.
If you install a telephone, please give the office your telephone number. Your
telephone number will not be given out to other persons, but it will aid the Office
r - in contacting you.
Management maintains telephone lines within the walls of the apartment. Faulty
telephone lines within the walls will be repaired without charge provided loss of
service was not caused by negligence on the part of the resident or by a defect in
resident -owned communication devices. Requests for telephone line repair are
to be made through the Business Office. Management does not accept responsi-
bility for payment of service calls authorized by a resident directly to the tele-
phone company.
17. TELEVISIONS AND RADIOS
_. Each apartment is provided with a television antenna outlet. Radio and televi-
sion sets should be operated in a manner that will not disturb other residents.
This is especially true during "quiet hours" from 10:00 p.m. to 8:00 a.m.
bs
1�
6 04/16/n1
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EMERALD COVE is 0
RESIDENT'S HANDBOOK
18. HOUSEKEEPING
The maintenance staff will clean and maintain the clubhouse and other public ar-
eas. Residents are expected to maintain their own apartments with high stan-
dards of sanitation and freedom from hazards.
19. REDECORATION AND ALTERATIONS
Management will do redecoration of apartments on a fixed schedule. Residents
who are not satisfied with the interior color scheme of their living unit may make
arrangements for a change of color scheme of their choice, but at their own ex-
pense. It is expected that they will also place on deposit with the office sufficient
funds to restore the apartment to the standard color schemes.
Although your apartment was designed with safety in mind, you may feel an
alteration is necessary to make your home more accessible. Alterations for acces-
sibility are allowed at the resident's expense providing the written request has
been made to the Administrator and written approval given before work is be-
gun. A deposit of funds sufficient to restore the apartment to standard condition
may be required.
E ' A resident must obtain written permission from the Administrator before re-
decorating (e.g. painting, papering, etc.) or making an alteration, addition or im-
provement in an apartment or to the property. This includes the installation or
L exchange of any major appliance.
20. EQUIPMENT MAINTENANCE, USE AND CLEANING
Management wiII maintain all equipment owned by the facility without charge,
including stoves, and disposals in each apartment, provided the cause of break-
' " down was not negligence on the part of the resident. If, in the judgement of
,. Management, the resident has been negligent, the resident shall pay the cost of
repair.
All requests for maintenance service are to be made through the office and are to
be written on a work order form. No verbal requests for such service are to be
given to the maintenance personnel by residents.
Maintenance personnel should not be asked to make repairs on equipment or
furniture owned by residents during office hours.
21. REMOVAL OF TRASH AND GARBAGE
Residents must not accumulate any trash or waste material so as to create a haz-
ard of any kind or to be a violation of any health, safety or fire prevention rule,
7 04/13/01
EMERALD COVE .
RESIDENT'S HANDBOOK
•
regulation or directive. Residents must keep the rented premises in a clean and
sanitary condition and free of offensive odors.
Trash bins are well located and easily accessible from each building. There are a
' total of five (5) bins for your use. Any "wet" garbage placed in the bins should
be securely wrapped in plastic bags. Cardboard boxes should be dismantled to
conserve space.
Garbage disposal units are in every apartment sink. All wet garbage should be
disposed of through this unit except such things as paper, corn husks, pits, bones
and other hard or fibrous items, which should be carefully wrapped, placed in a
garbage bag and placed in the trash bins as noted above.
a Remember, always turn on the cold water before turning on the disposal, and
always leave the water running for a minute or two after turning off the disposal.
l
22. HEATING SYSTEM
Each apartment has its own individual unit for providing heat. The Manage-
ment Maintenance Staff gives you instructions when you move in, and should be
consulted in case of malfunction of the heating system.
23. USE OF PUBLIC AREAS
Public areas are for the use and enjoyment of all residents. The Clubhouse is
available for casual resident use from 9.00 a.m. until 9.00 p.m. unless a scheduled
F ' program is in session.
Smoking is permitted only in one's own apartment. Smoking is prohibited in all
other areas including staircases and community spaces.
rs 24. USE OF LAUNDRY
4 Coin -operated dryers and washing machines are located in the Clubhouse. Resi-
dents are requested to clean lint filters after each use. It is expected that residents
will develop their own schedule so as to provide equal opportunity for all to use
the laundry facilities. As a courtesy to other residents who may be waiting to do
T'
their laundry, please be sure to remove your laundry from the appliances imme-
"� diateIy after it is washed or dried. Your assistance in keeping the laundry room
clean and in order will be appreciated.
25. DRESS IN PUBLIC AREAS
All residents are expected to dress appropriately in all public areas. Please - - no
bathrobes, bare midriffs, short shorts, etc.
8 04/13/01
EMERALD COVE • 0
RESIDENT'S HANDBOOK
26. PARKING
The parking areas are for use of residents and staff only. Residents who use the
parking area do so at their own risk. Arrangements for a parking space should
be made through the office. Guests must park in clearly marked visitor parking
spaces or outside the parking area.
27. RESPONSE TO EMERGENCY CALLS
If you feel you have a medical emergency, the fastest way to get help is to dial
9-1-1. You may also contact a project staff member anytime by dialing 842-0802.
Staff will respond as quickly as possible to an emergency call. Staff will aid the
resident in calling for professional or family help, if necessary. It should be
noted that NO doctors or nurses are on call at the facility.
28. EMERGENCY INFORMATION FILE
ri With your assistance, the office keeps an emergency information file on each
resident. The file has information on your doctors, your preferred hospital, fam-
ily contacts, as well as information about your general health. Your help is
Lneeded to keep your file up-to-date. Neither Management nor the City willgive
out any personal reformation without the written permission of the resident. All
information files will be kept in a locked file cabinet in the business office.
29. DAILY CHECK ON RESIDENTS' HEALTH AND WELL BEING
Although this facility is designed for independent living, it is reassuring to know
that someone cares about your well being. Residents should inform the Office
when they leave the complex for an extended period. Residents are encouraged
to adopt a "buddy" system with a neighbor.
30. APARTMENT SECURITY
For your own safety, keep your apartment locked at all times. No resident shall
alter or replace apartment locks. Management must be able to enter apartments
with a passkey in times of emergency. For this same reason, residents are not
permitted to install chain locks on apartment doors. Except in emergencies, in-
spections and repairs will be made on a scheduled basis with proper advance
notice.
While we are happy to accommodate an occasional lock -out, repeated key loss
will be charged for.
9 G4/13/o1
EMERALD COVE • .
RESIDENT'S HANDBOOK
I
31. INTRUDERS, THEFT OR VANDALISM
If you suspect that someone is in or about the building who should not be there,
or if you see someone committing acts of theft or vandalism, first CALL 9-1-1
and report what you suspect - - then contact the Office immediately.
32. FIRE
In compliance with Title 19 of the State Fire Code, each building has been fur-
nished with a fire extinguisher located at the bottom of every other stairwell.
Remember, Emerald Cove has been designed as a fire resistant facility. Should a
fire occur, it would normally be limited to furniture and furnishings in your
apartment or in the building. The Huntington Beach Fire Department provides
periodic fire safety workshops in the clubhouse for our residents' benefit. In ad-
dition, the Fire Safety Officers will conduct a voluntary safety walk through each
resident's apartment in order to alert the resident to potential fire hazards. We
encourage you to take advantage of this potentially life saving service.
33. GUESTS
Your apartment is your private residence. You are welcome to have guests in
your home. Guests are also welcome in the recreational areas when accompa-
nied by a resident. As a courtesy to other residents, be sure that children visiting
you are properly supervised.
Remember that the resident will be held directly responsible for the actions of all
their guests. Guests must comply with all the property rules, including but not
limited to, those rules pertaining to noise, parking, and pets.
In accordance with our regulatory agreement, occupancy of your unit is limited
to qualified persons named on your lease. Residents may have overnight visi-
tors; however, the resident is required to notify management on the day the
visitor arrives. A visitor may not become an unofficial roommate or an unau-
thorized resident.
An unauthorized resident is:
➢ A visitor who stays without timely notification to management by the resi-
dent;
➢ A visitor about whom the management has been notified but stays longer
than the notification period;
➢ A visitor who stays longer than 21 days in any 12 month period without prior
written authorization from management.
10
04/I3/01
EMERALD COVE • .
RESIDENT'S HANDBOOK
34. SOLICITATION
In order to protect the residents within the facility, there is a NO SOLICITATION
POLICY in effect. If anyone observes solicitations of any kind, please notify the
Office immediately.
35. RESIDENT ACTIVITIES
Residents are invited to participate in any social activities occurring in the public
areas of this facility or on organized field trips. All participation is completely
voluntary. Should you have any suggestions regarding social activities, please
contact the Office.
3 36. BALCONIES AND PATIOS
If you have a balcony or patio, please use it as a pleasant additional living space
• and not as a storage area. You are welcome to place appropriate outdoor furni-
ture and plants in your patio or on your balcony. Plants must be placed in pots
with receptacles so that water will not drip on the balcony below.
�? Please do not hang laundry or other unsightly items on the patio or balcony rails.
Barbecues are not permitted because of smoke and odor problems for neighbor-
ing apartments. An off-white roll -type shade may be permitted, with manage-
ment approval, to be attached to your overhang to keep out the hot sun.
Please refrain from washing or sweeping over the edge of the balcony, or shak-
ing dust mops or rugs over the rail, as this causes inconvenience and hazards for
people below.
37. PETS
Small pets are allowed providing they are registered. A security deposit is re-
quired. An unregistered pet, including visiting pets, is prohibited. Pet rules and
forms for registration are available in the office.
38'. CAR WASHING
Because of the limited space between cars in our resident parking areas and
Ez problems arising from splashes and over -spraying on neighboring cars, cars
must not be washed within the EMERALD COVE complex.
11 03/13/01
0
EXHIBIT "D"
•
•
r=
II.
Emerald Cove
General Maintenance Standards
Lawn Maintenance
a. Mowing - Lawn should be mowed weekly at a height of 2 %2 inches or as
appropriate during the active.growing season and 2 inches or as -needed
during the winter months. During the winter months, lawns will be
mowed on an as needed basis, weather permitting. Lawns will be kept up
exhibiting a well -maintained appearance.
b. Edging - Lawn borders along sidewalks will be edged on a regular basis
with the mowing schedule. Lawn borders around flowerbeds will be
edged biweekly and supplemented by systemic herbicides.
C. Fertilizes - Application frequency to be a minimum of four times per
year or as required to maintain a healthy turf environment. Fertilizer is
to be a high grade, balanced organic blend, such as Turf Supreme 16-6-8
or equal.
d. Weed control - Pre -emergent weed control shall be applied a minimum of
two times per year for broad leaf control.
e. Aerification - Lawns will be aerified twice per year.
f. Thatching and Lawn Renovation - Upon requests, lawns shall be thatched
and renovated.
Trees
a. Pruning of trees and shrubs under 12 feet shall be pruned annually
during the dormant season.
b. Supplemental pruning and hedging will be done on an as -needed basis
throughout the year.
C. Trees shall be trimmed to keep them neat, healthy and to prevent
obstruction to pedestrians, vehicles and lighting. Pruning shall be done
selectively to enhance the natural form of the plant material.
III. Shrubs
a. Shrubs will be pruned and trimmed on an as -needed basis to keep all
shrubs neat, clean and healthy and to prevent obstruction to pedestrians,
vehicles and lighting.
b. Shrubs shall be staked and tied as needed to support desired growth and
development.
IV. Ground Cover Maintenance
a. Ground cover shall be edged to keep from spreading over walkways,
curbs or up walls and fences unless otherwise stated by city.
b. weed control - Ground cover areas will be weeded and cleared of all
debris on a regular basis to maintain a neat and clean appearance.
u
Emerald Cove • •
General Maintenance Schedule
V. Irrigation Maintenance
[.i a. Clock Setting - Irrigation clocks shall be set and adjusted according to the
seasonal water requirements, quantities and frequencies consistent with.
seasonal requirement of plant material and landscape areas and
according to changes in weather, temperature and rain fall, etc.
b. Repairs - The repairing maintenance of the irrigation controller, electrical
wiring and pressure pipe from the meter to the distribution valves will be
_ the responsibility of the contractor and be performed on a time and
material basis.
f : VL Walkways
Walkways shall be kept neat and cleaned. All spills, graffiti and trash
shall be removed immediately. Walkways shall be inspected on a regular
basis and any uplifting or liability issues associated with walkways shall
�- be reported to the city immediately.
VII. Lighting Maintenance
a. All lighting shall be inspected on a regular basis.
b. All security lighting and walkway path lighting shall be replaced
immediately when lighting goes out.
C. Any major maintenance associated with lighting repair shall be reported
i = to the city immediately.
' VHL Parking
Parking lot shall be inspected on a regular basis. All trash and debris
shall be removed from the parking lots. Parking lot striping shall be
maintained in a manner that prevents liability. All parking areas shall be
kept neat and cleaned.
r � '
IX. Office Area
Office areas shall be kept neat and cleaned. There shall be. an attractive
office maintained for access by residents.
X. Clubhouse Maintenance
' a. Clubhouse shall be kept in a neat and orderly fashion.
b. Carpets shall be cleaned daily.
C. Posters, fliers, etc. shall be maintained in a manner so as not to clutter
the clubhouse. Equipment such as televisions, chairs, tables, etc. shall be
kept in good working order.
M. Laundry Maintenance
a. Laundry room shall be kept neat and cleaned.
b. Laundry room shall be inspected daily.
2
Emerald Cove 0
General Maintenance Schedule
•
C. Posted hours shall be clearly visible.
r : d. Machines shall be kept in good working order and repair. .
XR. Patio Maintenance
a. Patios shall be kept clean and free of debris.
b. Tables and chairs shall be maintained so as to be safe and attractive.
C. Patios areas shall not serve as storage areas for any equipment, etc.
c
XIII. Restroom Maintenance
a. Restrooms shall be cleaned periodically as needed.
b. Restrooms shall be kept in a clean and neat state.
C. All fixtures shall be maintained so that facilities work, dispensers are to
be kept full and paper towels shall be kept available.
XIV. Trash Areas
F,
a. All trash areas shall be maintained in a neat and orderly manner.
b. Bins shall be kept free of graffiti.
J C. Inspections shall be done to insure that bins are not overfilled.
d. Contractors shall insure that trash bins are picked up on a regular basis.
F' XV. Pest Control
Insects, Pests and Disease
a. Contractor shall apply a material required to help with controlling insects
and disease.
b. If pest control is done under contract with a third party, city shall
approve third party contract for pest control.
C. Proper notification of repellents and pest control systems shall be given
to all residents.
XVI. Apartment Building Maintenance
a. Apartment buildings shall be kept in a clean and visually pleasing state.
b. Painting of apartment building including touch up work, cleaning, etc.,
shall be performed to keep apartment buildings visually attractive.
A maximum number of ten points shall be awarded with each maintenance area.
Contractor must maintain a 70 percent score or better to not be in default of
management contract.
3
•
•
EXHIBIT "E"
Month
Inspected By
m
City of Huntington Beach RE
Cr
.Emerald Cove Evaluation Report M
Year
Landscape/Hardscape Areas
Area
Max. Pts.
Earned Pts.
Lawns
10
Trees
10
Shrubs
10
Ground Cover
10
Irrigation
10
Walkways
10
Lighting
10
Parking
10
Total
80
Total Points Earned
Score (0/0
Received By Emerald Cove
Today's Date
Building Areas
Area
Max Pts.
Earned Pts.
Office
10
Clubhouse
10
Laundry
10
Patios
10
Restrooms
10
Trash Areas
10
Pest Control
10
Apt. Bldgs.
10
Total
80
(160 ma)imum)
(Total Points Earned _ 160)
E
LJ
COVE -OPERATING UNT
`
F�iC0-EMERALD
THE 12 MONTHS ENDED
SEPTEMBEIWO,
2000
MONTHLY
CASH FLOW REPORT
CURRENT MONTH
YEAR TO DATE
Actual
i}udeet
& al
1judge
r-
1. 1120 Cash in Bank Beginning of Month
9,018.09
20,289.59
2. 1110 Petty Cash Beginning of Month
150.00
150.00
3. Cash Received during Month:
3130 City Reimbursement -Budgeted
35,201.03
349,223.57
6591 City Reimbursement -Non -Budgeted Items
0.00
0.00
Total Cash Received
35,201.03
348,223.57
4. Total Cash Available
44,369A2
363,663.16
5. Pre-ReimbursedNort-Budgeted Disbursements:
S
6591 Nan -Budgeted Items
O.bo
0.00
.,
6. Net Cash Available
44,369.12
540,628.92
7. Reimbursable Budgeted Disbursements:
6250 Renting Expense
96.82
54
561.84
650
6310 Salaries
3,163.82
7,249
82,024.14
86,990
6310.1 Piecework Salaries
1,680.00
1,167
I6,521.37
14,000
6311 Office Expense
1,817.57
417
7,228.98
5,000
6311 Telephone
186.26
192
2,496.86
2,300
y
6320 Management Fee
2,952.00
2,952
35,424.00
35,424
6331 Apartments Used
732.00
732
8,784.00
8,784
635I Accounting & Legal Services
193.00
83
2,822.60
1,000
6390 Other Admin (Res Activities)
350.00
350
4,415.98
4,200
6391 Transportation
0.00
31
658.97
375
6392 Recruiting & Training
0.00
13
353.60
I50
6450 Electricity
568.01
542
5,369.44
6,500
6451 Water
2,780.30
2,667
31,831.51
32,000
6452 Gas
40.10
83
927.27
1,000
6515.1 Janitor Supplies
66.86
83
i.573.40
1,000
6515.3 Maintenance Supplies
810.40
625
6,356.01
7,500
6520.2 Pest Control
151.34
117
1,663.13
1,400
6520.3 Gardening
1,350.00
1,167
16,949.06
14,000
6520.4 Repairs Contract
106.00
267
4,765.92
3,200
6520.6 Qther Contracts
0.00
125
560.41
1,500
6520.8 Decorating
325.00
667
8,717.49
8,000
-_
6525 Trash Removal
900.84
817
10,667.90
9,800
6570.1 VehiclrJMaini Repairs
O00
0
940.79
0
-.-.
6711 Payroli Taxes
420.72
833
9,473.93
9,993
6721 Fidelity Bond/Empl Liab Ins
0.00
42
715,60
S00
1
6722 Workers' Compensation Ins
248.82
324
4,673.47
3,897
6723 Group Health Insurance
S70.61
569
4,777.16
6,822
6724 Employee 401k Company Match
147.72
AU
3,622.72
AMI
Total Reimbursable Budgeted Disbursements
19,958.19
22,566
274,777.45
270,796
8. Reimbursable Other Disbursements:
2192 Security Deposit Refunds
928.00
5,618.56
_
5120 Rent Refunds
0.00
0.00
6591 Building Improvements
15,548.10
`16,37610
3-317
80,232.32
39.8Q4
Total Reimbursable Non -Budgeted Disbursements
3.3 373i
85,850.83
39.g00
9. Total Reimbursement Due
36,334.29
25.883
360,628.33
310-596
Y
10. Cash Balance End of Month
8,034.83
8,034.83
11. Total Cash and Reimbursable Disbursements
44,369.12
369,663.16
12. NETRCIINRURSABLEfDEIEE&Qhj iYI-:-->
36,334.29
360,628.33
INCOME RECAP
CURRENT MONTH
YEAR TO DATE
&tulil
$Ydet;
Actual
Budget
Rent Potential
50,463.00
50,468
605,616.00
605,616
Additional Rents -New Tenants
6,049.00
4,583
66,567.00
55,000
Vacancy Loss
(523.00)
(2-SM
(9,137.20)
(31f=
Rent Received -Actual
55,998.00
52,551
663,045.80
630,616
-
Laundry Income
0.00
175
1,091.90
2,100
Other Income
157.33
19Q
1,945.08
12
Total Income
56,145.33
52,826
666,082.79
633,916
Budgeted Expense
, 19,953.19
22.S66
274,777A5
20-482
Surplus (Deficit)
36,187.14
30,260
391,305.33
370,429
Non -Budgeted Expense
16,376.10
Q
85.850.88
Q
Surplus (Deficit)
t9.8t1.04-
30,260
'305,434A5-
370,429
,jh.u_ .. ..' .� q•r ...., .'.___. ' ..'} yl•� w..w.w f......� ice' v -- , ... .._.. : � .......r
LOMCO-EMERALD COVE OPERATING ACCOUNT
Monthly Expense Analysis
For The Twelve Months Ended September 30. 2000
Favorable
1999 2000 Monthly Year•To•Dale (Unfavorable)
October November December January February March April May June July August September Budget Aclusl Budget Variance
1. 1120 Cash in Bank Beginnaq DI Month 20.289 59 16.801.01 18.237.86 17.916 46 16.103.47 15.328.63 18.217.63 21.557.73 9.635.67 20.495.29 7.003.02 9,018.09 1.90.605.35
2. 1110 Petty Cash BeginningofMonth 15000 150.D0 150.DO 150.00 150DO 150.00 15000 150.00 150.00 150.00 150.00 150.00 1,800.00
3. Cash Received during Month
3130 City Reirr.bursement-Budgeted 23.929.53 27.418.11 25,991 26 34.502.14 25.115.65 25.890.49 26.001.29 22.651 39 34.583.45 23.723.13 37.216.10 35.201.0-1 345.223.57
5410 Interest on Checking 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.06
6591 City Reimbursement-Non-Buopeled :fems 0.00 000 000 000 O.OD 0 00 0 GO 000 ODD 000 0.00 000 0 DO I
Total Cash Received 23.929.53 27.418.11 25.991.26 34.502.14 28.115 65 28.890.49 26,D01.29 22.661.39 34.583.45 23.723-13 37.216.10 35.201.03 348.223.57
4. Total Cash Available 44,36S.12 44.389.12 44.369 12 $2.566.60 44.369.11 44.369.12 44.369.12 44,359.12 44.369.12 44.369.12 44,369.12 44.369.12 640.628.92
5. Pre -Reimbursed Non -Budgeted Disbursements:
6591 Non -Budgeted Items 0.00 D 00 D DO 0 00 0 DO 0.00 0.00 0.00 0.00 0.00 O.DO O. DO O oD
6. Not Cash Available 44,369.12 44.369.12 44.369.12 52.568 60 44,369.12 44.380.12 44.389.12 44.369.12 44.389.12 44.369.12 44.369.12 44,369.12 540,625-92
7. RBimbursaJle Budgeted Gisbursamenrs-
6250 Renting Expense 93.30 0 00 48.40 36.3D 24.20 0.00 17.49 30.98 13.49 90.93 109.93 96.82 54.17 561.84 650.00 88.16 41S.Mt
6310 Salaries 6,87000 6.509.73 8.051.36 6.358.80 7.681.21 7,173.47 6.144.63 7.421.00 7.000.33 7.229.00 7.441.71 3.153.02 7.249.17 : 02.024.14 8B,990.D0 4,985.Ba "'/1`iiGJ9
6310.1Piecework RepairUMaint 1,41000 1.660.00 1,262.62 1.480.76 728.00 1.800.00 840.00 235.00 0.00 2.730.00 2.695.00 1.660.00 1.168.67 :'16.521.37 14.000.00 521.37 ec,-4p5
6311 Office Expense 49306 -� 340.8E �$38.67 S79.31 291 51 92B.G2 338.05 114.5E-237.721,134.26 423.39 _ 1.817.57 416.67 ' ..7225.98 _ 5.000.00 (2,228.98)
6311.1 Telephone 181.39-�- la4.03 ' 245.37 idea 171.24 181.90 206.56 165.25 t69.tf - 229.81` 358.00-'788.28 591.87 .2t498.as - 2.300A0 {798.86)
6331 Apartments Used 732 00 732.00 732.00 732.00 732.00 732.00 732-OD 732.00 732.D0 732.t1O 772.00 732.00 732.00 '.; �8,764.00 8.784.00 0.00
6320 Management Fee 2.952.00 2.952.00 2,952.DO 2,952.D0 2.95200 2,952.D0 2,952.00 2.952.00 2.952.00 2,952.00 2.952.DO 2.952.00 2,952.00 '35,424.00 35.424.00 0.00
6351 AccountingServiro4 90.00 90.00 90.D0 1D8.15 13950 112.95 119.25 114.75 645.50 893.25 225.25 193.00 83.33 2.522. 00 1,000.00 1.822.60 "V/04[.61
6390 Other Admin (Res Acilvilies) 350.00 350.00 35D.00 350.D0 350.00 350.00' 156.00' 350.00 35b.00 350.00 - 565.fl8� 350.00 350.Of1 - 41..415.0 4200.00 (215.95) . �.a z
6391 Transportation 105.44 0.00 0.00 86.49 0.00 159.93 0.00 85.47 0.00 108.117 112.77 D.D0 31.25 668.97 375.D0 (283.97)
6392 Recruiting 8 TraiNng 45.00 0.00 0.00 0.00 0.00 73.34 13.76 0.00 0.00 12.50 209.00 O.DO 12.50 353.50 150.00 (203.60)
6450 Electricity 442.35 474.02 437.81 422.0a 375.65 436.69 378.28 350.64 435.05 547.14 502.62 568.01 541.67 , : 5,369.44 6.500.00 1.130.56
6451 We tar 2.742.62 2.742.32 2.542.48 2.542.41 2.542.16 2.541.96 2.tiO4.69 2,604-41 2.703.90 2.703.65 2.780.53 2.780.30 2.60.57 31,831,51 32,000.00 168.49
6452 Ges 30.39 0.00 166.68 0.00 99.03 349.04 0.00 . 55.70 96.57 0.00 87,90 40.10 83.33 927.27 1.ODO.00 72.73
6515.1 Janitor Supplies 112.39 57.97 41962 70.12 43.55 32.50 178.26 605.96 60.74 17.23 D.00 B6.86 03.33 '1,573.40 1.000.00 (673.40)
6515.3 Maintenance Supplies 239.25 56881 52053 709.11 936.33 75302 109.02 686.09 144.64 355.10 434.71 $10.40 625.00 - 6,356.01 7,5W.00 1.143.99
e517 JaNtorcontract 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 D.pD 0.00 . ' := D.OD 0.00 0.00
6520.2 Past Control 113.74 000 227.48 113.74 113.74 127.74 105.39 113.74 113.74 0.00 402.48 151.34 116.67 7,663.13 1,400.00 (263.13 L GriFy
6520.3 Gardening 1,350.00 10 1,3 _.35000 1.82323 1.50000 1.375.83 1.350.00 1.350.00 1.350.00 1.350.00 1.350.050.00 1,350.DO 1.166.67 18.&9.D6 14000.00 2649. 4 COO
_.._.__...... _ ....._ .. .. ....... _ ... ..._. _.........�...
6520.4 Maintenance Repairs ,181.53 414.00 1.139.00 122.00 922.00 158.00 65.00 0.00 807.03 644.00 20T.36 iD6.00 266.07 ""-0,765.92 3,200.00 (1,565.92)Ga;N �v,q,'r:
6520.E 0 er nuac"Ei 0.00 ` 0.0p 26 69 I .00. . 0.00 49.00 .._.0.00 0.00 "150:D0 """0 00"' 37472-- '�00`"" i75:0ii" �31 71 "-f SW C� rm
6520.8 Decorating 1.762.86 93924 1.487.75 238.88 684.02 0.00 70.00 57068 45.52 1.857.03 536.51 325.00 666.67 ': 8,711.49 a,000.00 (717.49)
6525 Trash Rornoval 836.30 801.30 836.30 035.30 1214.91 827.65 900.84 900.54 930.84 900.84 900.04 900.B4 015.67 . 10,667.50 9,500.00 (867.00)
6570.1 Bus Cost 0.00 0.D0 0.00 920.70 20.09 0.00 0.00 0.00 O.DO 0.00 0.00 0.00 0.00 �, : � 940.79 0.00 (940.70)
5711 Payroll Taxes 779.58 75585 861 07 941.98 903.11 891.84 641.58 722.6E 731.83 867.38 676.33 420.72 $32.75 9,473.93 9,993.00 519.07
6721 Fidelity Band 0.DO 0.00 0.D0 0.00 0.00 0.00 12.27 0.00 703.33 0.00 0.00 0.00 41.67 71i.60 5DO.D0 (215.60)
6722 Workeni'CompensationIn& 295.75 315.03 320.66 352.51 455.41 444.98 404.91 368.07 400.8E 517.30 521.17 248.82 323.92 :°',4,673.47 3.887.00 (768.47)
6723 Group Health Insurince 510.19 0.D0 661.85 0.00 ' 623.6E 359.73 376.47 0.00 372.47 502.18 0.00 070.51 568.50 4,777.7E 8.822.00 2,D44.84
6724 Employee 401k Company Match 342.13 384.57 3S0 71 277.94 33403 28SA3 280.34 284.31 283.34 270.12 366.38 147.72 401.75 "='•3,922.72 4.021.00 'I.M.29
Total Reimbursable Budgeted Disbursements 23,061.27 21.680.63 26.127.48 21.907.73 24.223.18 22.870.09 19,355.79 20,732.17 22,330.12 27.365.42 25,161.7a 19,958.19 22.565.33 274.777.45: 270.795.00 (3,991.45)
is
?:
8. Rair..bunablethon-Budgeted Disbunamenls:
2192 Sec uity Deposit Refunds 809.D0 300.D0 755.OD 150.00 201.32 111.00 345.00 5.24 757.D0 3DO.00 1,053.00 828.00 -.5r818.58 IL"1
5f20 Rent Refunds 0.00 0.00 O.DO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.D0 „I, 0.00 /3'NEjf//vr r �yJ
6591 Non•Budgeted-Heaters 0.D0 0.00 0 00 0.00 0.00 0.00 0.00 10,500.00 0.00 6,DDO.00 0.00 0.000.00 2.248.33 -'22,SOb.00 26,9$0.00 4,480-001C
6591 Non-Budgeted-OTior 3,553.54 4.000.63 7.609.66 6.057.92 4.465.99 3.01960 2,957.60 3,346.04 636.01 3.560.68 8,988.25 9.543.10 1,068.25 :' 57,732.32 1 12.819.00 44 913.32) fA F 4,
Total Reimbursable Non -Budgeted Disbursome 4.35604 4,3DO 63 8.374.66 6.237.92 4.667 31 3.130.60 3.302.60 13.851.28 1.393.01 9,550-e8 10.039.25 16.376.10 3.315.50 85.650.55 - 39,799.00. 40,'433.32 . c, .0T% �Pl
9. Total Retmbtusemeni. Due 27,41 a.11 25.981.26 34,502.14 28.115.65 28,e90 49 26.001.29 22.661.39 34.583.45 23.723.13 37.218.10 35.201.03 36.33429 360,628.33 44 414.77 ' r e
10. Cash Ba!ance End of Month 16,951.D1 10.387.86 0.856.98 24.452.95 15.478.63 le.387 83 21.707.73 9.785.67 20.645.99 7,163.02 9.168.09 8,034 83
7 11. Total Cash end Re'urbursable Disbursements 44.369.12 44.369.12 44.309.12 52.568.60 44.369.12 44.369.12 44.369.12 44.369.12 44.369.12 44.369-12 44.369.12 44.359.12 361i,663.16
12. Total Reimbursable Disbursements Due 27,410.11 25.9e1.26 34.502.14 28.115.65 28.890.49 26.001.29 22.661.39 34.503.45 23.723.13 37.216.10 35.201.03 36.334.29 360.628.33
Printed 1V1`a2dw,l Earned on Checking O.DD 0.00 0.00 0.00 0.00 0.00 _ 0.00 0.D0 0.00 _ 0.00 O.DO O.DO 0.00
r 13. NET REIMBURSABLE (DUE FROM CITY)---> 27,418.11 25,961.26 34.602.14 28.115.65 28,690.49 26,001.29 22,661.39 34,663.4E 23,723.13 37,218.10 35,201.D3 36,334.29 760.62d.73
N
•
•
• STANDARD RENT AGREEMEN11*
(Income Property)
THIS AGREEMENT, entered Into this day of ,19 by and between
hereinafter called Lessor, and
hereinafter called 4essee, witnesseth:
Lessee hereby rents from Lessor, those certajh premises known and described as
t
i
ocated at
street, In the city of
California, upon a month -to -month tenancy, commencing on the day of
# -
.
and terminating at 12:00 noon on the expiration date thereof, at the month) rental of $
$ P Y payable in
• '
advance on the day of each month, untess changed by notice as hereinafter provided. (Should the term
-
commence on a day other than the (same as above) Lessee shall pay a prorated amount of
$ as and for the second month's rent). Said premises shall be occupied for residential purposes only and
for other, by the following named AND NO OTHERS:
no persons (enter names of all residents)
No addlllonal persons shalt occupy the said premises, or any part Cher ilhout Lessors priorwritlen Consent endorsed
IV'-j!5
hereon. ''
This Agreement Is conditional upon; and:$�J,`p/rr to thg,follA%Iging:
�$
1. Failure of Lessea to pay the rent orofhel(ccharges due hereunderort o ply with any of the covanantsorconditions
herein contelned shall, at Lessor's option, forthwith terminate this Lease. and:i-essee's rights therein as provided by
�:_r
law. :, ,b-
r
2. Said tenancy may be term InaQVy either party on at least seven (7) diys written notice to the other. prior to the
expiration of a term of tenancy, and Lessor, shall have the right to change the terms of this Agreement by a similar
notice In willing, of such change or changes (CC1946 & CC827). (DO NOT ALTER4THIS PARAGRAPH).
3. In the event of Lessee's failure to give such notice of intention to lerrpjnate,Pe/sl)e shall be liable for another full term.
�of
4. Failure by Lessor to exercise any right under this Agreement oracceptance rent after default by Lessee shall not be
deemed to waive such default or to affect any notice theretofore given' pro6lifid,i6g-theretofore commenced.
5. Lessee agrees that he will not without Lessor's consent in writing endorsed hereon, bring upon. keep, maintain or
permit to be kept or mainleined, In, on or upon the premises any dog,_ cat, Parrot, or Rtq!e al lrnat, or waterbeds or
liquid -filled furniture.
6. Lessee agrees not -to violate any law, statute, or ordinance, nor to commit, suffer, or permit any waste, or nuisance in.
'or
on. or about the said premises. or in any way to annoy. molestInterfere with any Other tenant or occupants of the
building of which the demised premises are a part, nor to use in a wasteful or unreasonable or hazardous manner any
z
of the utilities furnished by Lessor, not to maintain any mechanical, electrical or other appliance ordevise operated by
any said utilities except as herein listed and specifically approved by Lessor in writing.
'-
7. Lessee agrees not to.alter the premises whatsoever without Lessors permission to writing.
.-
S. Lessee agrees as part of said rent to pay the following: all charges for electricity, gas, and, where separately metered.
water, and all charges for rubbish and trash collection whether or not separately metered. Lessee shall be responsible
for maintaining the cleanliness of drapes, curtains, and carpets.
y
9. Lessee shall not transfer his Interest In or to this Agreement• nor shall Lessee assign or sublet said premises, not any
part thereof. ANY ATTEMPT TO SUBLET OR ASSIGN SHALL BE VOID AND AN IRREMEDIABLE BREACH OF THIS
AGREEMENT.
'
10. If any legal action or proceeding be brought by either party to enforce any part of this Agreement, the prevailing party
rg
shall recover. In addition t0 all other relief, actual auorney's fees and casts (CC1777).
oL-t
it. Lessor reserves the right to himself or his agent to enter said premises in case of emergency, to make necessary or
agreed repairs, decorations. allegations or improvements supplying necessary or agreed services or exhibit the
dwelling to prospective purchasers• mortgagees. tenants, workmen of Contractors or any tenant who has abandoned
or surrendered the premises or pursuant to court order. Except in cases of emergency or abandonment entry will be
-
shade during normal business hours. Or in case it Is impractical to do so, landlord shall give the tenant reasonable
notice of intent to enter no less than 24 hours (Civil Code 1954). LESSEE AGREES NOT TO CHANGE ANY LOCK OR
LOCKING DEVICE TO SAID PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, BUT LESSEE
WILL ON DEMAND FURNISH LESSOR WITH HIS KEYS FOR THE PURPOSE OF MAKING DUPLICATES
THEREOF.
Q. Lessor shall not be liable or responsible In any way for injury to any person, or for loss 01. or damage to. any article
belonging to Lessee located in said premises, or other premises under control of Lessor. No right of storage Is given by
this Agreement. Lessor shall not be liable for non -delivery or mis-delivery of messages not shall Lessor be liable for
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and this Agreement shall no' s terminated by reason of any Interrut= t 01, or Interference with, services or
accommodation dine. u...+sed by strike, riot, orders of public authorit cis of other lessees, accident, the
making of necessa rs to the building of which said premises are a p any other cause beyond Lessor's
control.
13. The undersigned Lessees whether or not in actual possession of premises, are Jointly and severally liable for aft rent
incurred during the term of this Agreement, and for all damages to the demised premises caused or permitted by
residents, their guests and invitees.
14. Nothing herein contained shall be construed to grant Lessee any right to enter upon any portion of the roof of said
premises for any purposes whatsoever without Lessor's consent in writing first had and obtained, NOR SHALL
LESSL•E ENTER INTO A CONTRACTUAL AGREEMENT WITH A CABLE T.V. COMPANY.
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15. Lessee covenants that he will Occupy the premises continuously. except for normal vacation periods, and agrees that
any absence therefrom lot more than 14 days during any part of which time rent is delinquent shall be conclusively
presumed to be an abandonment of the premises (Ref. CC1951.3).
16. It is understood by Lessee and all parties that Lessee's personal effects are not insured by Lessor and that Lessee may
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Insure his own personal property with his/her own tenant Insurance policy,
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17. Other charges: Landlord acknowledges receipt of the following deposits: Key Deposit = ; Security
Deposit $ : (Total of all deposits not to exceed two (2) months rent for unfurnished or three (3) months for
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furnished apartment).
(A). The keys ere to be returned to lessor by the Lessee at the lerminalion of this Agreement. Upon said return of keys
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to Lessor. Lessor shall return Key Deposit to Lessee within 14 days.
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(B). The Security Deposit Is to be returned to the Lessee within 14 days of re -delivery of thq premises to the Lessor
Lessor may use such amounts as are reasonably necessary to remedy Lessee's defaults In the payment of rent. to
repair damages to the premises caused by the Lessee. their guests. pets and invitees. exclusive of ordinary wear
and tear, or t0 clean such premises, and lumigate if pets apply if necessary, upon termination of the tenancy
Balance of the Security Deposit, if any, together with a written itemized accounting, shall be mailed to Lessee s
last known address within 14 days of surrender of the premises. (Civil Code 1950.5C).
IF APPLICABLE:
3
i.:
A. HOUSE RULES:
By initialling as provided, Lessee acknowledges receipt of a copy of the House Rules, and has read Ihem. a
copy of which is attached hereto. and are incorporated herein by reference as though fully set forth at
Initial length. Said House Rules shall be deemed covenants of this Agreement.
B. INSPECTION:
Lessee agrees that he has inspected the premises, and equipment, and that the same are now in good order
and condition; and that he will on demand pay Lessor for all loss, breakage and damage as provided bylaw
initial Lessees Is responsible lot damage to plumbing and electrical fixtures other Cher) damage arising out of
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ordinary wear and tear.
C. INVENTORY:
By Initialling as hereafter provlded.Lessee acknowledges the subject premises as furnished In accordance
with the attached Inventory check -in list. (INCLUDE MFG. NAME AND SERIAL NUMBER ON ALL
Initial APPLIANCES).
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D. ADDENDUM:
By initialling as provided. Lessee acknowledges that additional terms and provisions have been agreed
upon which are designated as an addendum, a copy of which Is attached hereto, marked page ._. and is
tntUar Incorporated herein as though fully set lorth at length.
18. ADDITIONAL ITEMS AND COVENANTS:
I HAVE READ THE ABOVE AGREEMENT AND FULLY UNDERSTAND IT:
DATED THIS DAY OF 19
F,
LESSOR LESSEE
LESSOR'S AGENT LESSEE
UNAUTHORIZED USE PROHIBITED — YOUF(,MGT. LESSEE
IS A MEMBER OF THE APARTMENT ASSOCIATION,
CALIFORNIA SOUTHERN CITIES.
4120 ATLANTIC AVENUE, P.O. BOX 17035.
LONG BEACH, CA 90807
(213) 425.8.3411— 379.7040)
Fo;m 12
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ATTACHMENT #2