Agenda - 08-20-1996 - IX-B - Laserfiche WebLink

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4 (b) ESM will maintain records which may be necessary to document expenses authorized by him. ESM will also document tenant complaints and share their concerns with the County as may be appropriate. 6. Renting of premises. (a) As vacancies occur,and in the event the County has no need to fill the vacancy with a County function,ESM will use its best efforts to lease space in the property on such terms as are agreed by the County. ESM will collaborate with the County in negotiating leases,extensions,renewals, licenses or other agreements for the rental or use of space by non-public tenants and present same for approval by the Board of Commissioners. (b) Under no circumstances shall ESM permit any person or entity to occupy any space in the building without a written lease or agreement,and/or without paying any rent for it,unless the prior consent of the County has been obtained. ESM agrees to notify the County, in writing,immediately upon receiving knowledge that any space is occupied by any person or entity that is not paying rent or that does not have a lease or written agreement covering such space. (c) When authorized by the County,the ESM may enter into periodic leasing of parking spaces on a month to month basis,subject to availability,and at a rental rate agreeable to the County and the tenant. This income will be considered part of the gross income for the property and will be included in the property management fee for service. 7. Rent Collection. ESM will advise all tenants of the address for all rental payments to be made payable to. The County will advise ESM of the rental payments received monthly and to advise ESM of any late payments,special conditions or arrangements made with/for any tenants. 8. Management Fee. The County shall pay ESM a monthly management fee for all services provided under this agreement for a total which equals 6%of the gross monthly rental for the 501 West Franklin Street property as well as any parking revenue which may derived from tenants other than those in the property. In the event that a County department resides as a tenant in the facility,a base rent equivalent to the average of all rents in the facility will form the basis for the management fee. The County will submit to ESM an accounting of the gross monthly rents along with the management fee check monthly,on or about the 15th of each month. In addition to the management fee any extraordinary and authorized out of pocket expenses will be paid monthly and identified as "reimbursables". 9. Fidelity Bond. ESM shall maintain in effect a fidelity bond to secure the faithful performance of the obligations contained in this Agreement. 10. Insurance. (a) County agrees to carry and keep in effect property and liability insurance covering the property. Property coverage shall not include the contents in tenant space. (b) ESM agrees to make a timely written report to the County concerning any accidents and claims relating to the property or its operation which are insured against by the County. 11. Indemnification. (a) County's obligation. The County agrees to indemnify ESM to the extent permitted by law and insurance policies owned by the County from and against any liability, loss,damage,cost or expense by reason of any act or omission,except in the circumstances involving fraud or gross negligence. (b) ESM's obligation. ESM agrees to indemnify and hold the County harmless from and against any and all claims,damages,losses,and expenses arising out of or resulting from gross negligence or willful misconduct on the part of ESM or its agents in the performance of ESM's duties under this agreement. (c) Third party. Nothing contained in this paragraph shall be deemed to create any rights in any person or entity that is not a parry to this Agreement.