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2011-100 Housing - The Landings at Winmore, LLC - Crosland, LLC - Community Home Trust - Development Agreement $300,000
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2011-100 Housing - The Landings at Winmore, LLC - Crosland, LLC - Community Home Trust - Development Agreement $300,000
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Last modified
1/9/2012 11:11:06 AM
Creation date
5/2/2011 10:52:00 AM
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BOCC
Date
5/2/2011
Meeting Type
Work Session
Document Type
Agreement
Agenda Item
Manager Signed
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12. Utilities and Services. <br />Agent will make arrangements for provision of water, sewer, electricity, trash disposal, <br />exterminating services, decorating (if any), cable television. and telephone service in <br />accordance with the Management Plan. Subject to Owner's prior approval, Agent will <br />make such contracts as may be necessary to secure such utilities and services, acting as <br />agent for Owner. The Agent shall take all reasonable steps to insure that utility services <br />to the Units are not interrupted or, if interrupted, are restored in a timely manner. <br />13. Employees. <br />As Property requirements indicate, Agent may modify the number, qualifications and <br />duties of employees as it deems necessary. All such personnel will be employees of <br />Agent and will be hired, paid, supervised, and discharged by Agent. All employees of <br />Agent must meet all qualifications licensing and code requirements applicable to <br />assigned tasks and responsibilities. <br />Within the described staffing program, the Site Manager will have authority and <br />responsibility for organizing and directing the work of all on-site employees. As set forth <br />more fully in Section 14 below, Owner shall bear all direct costs associated with "on- <br />site" employees, including Site Manager and Assistant Site Manager (if any), clerical <br />staff, maintenance, custodial staff and security personnel (if any), including direct salary, <br />fringe benefits, taxes and assessments payable to federal, state and local governments in <br />connection with employment of such personnel. Costs attributable to other employees of <br />Agent who perform "front-line" functions (as defined and illustrated in HUD Handbook <br />4381.5 REV-2, The Management Agent Handbook, Chapter 6} will be paid from <br />Property funds as a property operating expense. The cost of such employee <br />certifications, training and memberships as are required by subsection 7 (C), shall be <br />allocated pursuant to the foregoing provisions. <br />The employees of Owner, Authority and Agent shall maintain good communications <br />among themselves and shall cooperate with respect to the operation of the Property and <br />support of the residents. <br />14. Operating Account. <br />All receipts of Owner or Agent, on behalf of Owner, arising from or on account of the <br />operation of the Property, including all resident rents and charges (but exclusive of <br />resident security deposits as described in Section 8(d) hereof) and the Operating Subsidy <br />shall be deposited by Owner or Agent in a separate account maintained in a financial <br />institution whose deposits are insured by the Federal Deposit Insurance Corporation, or <br />any successor agency created pursuant to law, and shall not be commingled with funds of <br />Owner or of any other person. Such account will be carried in Agent's name and <br />designated of record as "The Landings at Winmore -Operating Trust Account". Funds <br />shall be withdrawn from the Operating Account only in accordance with the provisions of <br />this Agreement for expenses of the Project or for distributions to Owner, as requested by <br />Owner. The Operating Account shall be the sole property of Owner. <br />
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