07-12-82 PC Agenda GOLDEN VALLEY PLANNING COMMISSION
(Civic Center, 7800 Golden Valley Road)
July 12, 1982
7:00 P.M.
AGENDA
I . APPROVAL OF MINUTES - JUNE 28, 1982
II . CALL INFORMAL PUBLIC HEARING - AMENDMENT TO P.U.D. #1-B,
COLONIAL ACRES COVENANT MANOR
APPLICANT: Colonial Acres Healthcare Center
LOCATION: 5825 St. Croix Avenue
REQUEST: Approval of Preliminary Design Plan
for Amendment of P.U.D. #1-B
III . INFORMAL PUBLIC HEARING - P.U.D. #37, BRANDON TERRACE TOWNHOUSES
APPLICANT: Brad J. Jones
, LOCATION: 523 Indiana Avenue North
REQUEST: Approval of Preliminary Design Plan
for P.U.D. #37
IV. RECOMMENDATIOPJ ON THE MANAGEMENT PLAN FOR THE RENTAL PORTION OF
P.U.D. #30-B, MEDLEY PARK TOWNHOUSES
V. REPORT ON CITY COUNCIL MEETING - JULY 6, 1982
Mi�nztes of the Golden Valley
Planning Co�nnission
�
June 28, 1982
A regular meeting of the Planning Comni.ssian was held in the C�il
C�ambers of the Civic Center, 7800 Golden Valley Rs�ad, Golclen Valley, N�T.
Chaix�man Thcmpson called the meeting to order at 7:00 P.M.
Those present were Co�nissioners Forster, Leppik, Prazak, Singer and
ThocrQson. O�mnt.ssioner Polachek v�ras nat present at the beginni.ng of the
meeti.ng. O�mnissioner Z'uYar�n was absent.
Also present were NLike MiLler, Planning and Redevelopanent Coordinator, and
Alda P�ikert, Assistant Planner.
I . Approval of Minutes - June 14, 1982
It was moved by Oomnissioner Leppik, seconded by Qom�issioner Singer and
carried unanimausly to approve the mi.r�utes of the June 14, 1982 Planni.n�
Conmission mee�ting as reoorded.
II. Informal Public Hearing - Rszoning
APPLIG�NP: Ridlard M. & Marjorie E. Leoriard, Sr.
� LOCATION: 8179 Medicine Lake Road
REQUEST: Change zoning fran Resideritial (single-family
dwelling) to R-2 Residerrtial (two-family cl�elling)
Chairman Thc�Qson iritroduced this agenda item and reoogriized the prapo-
nents, Mr. and Mrs. Richard Lecna.rd, who were pre.sent. Planning
Comnissioners had no que.stions for staff or the proponents.
Cormtission Polachek arrived at the meeting.
Chairman Thcynpson opened the informal public hearing for public irrput.
Mr. Charles Wicks, 8139 Medicine Lake Road, stated that his hare is next
door to the subject lot ar�1 that he does not approve of oonstructicn of a
duplex on the lat because he believes it would laaer the value of his ho�re.
Mr. Wicks stated that a c�uplex would mean renters constantly iroving in and
out and that after living in his hame for 16 to 17 years and working hard
to improve it and make it the hcrne his fami.ly wants, he is opposed to
conetruction of a �plex next door.
Mr. Sill Hopkins, 8140 - 25th Avenue North, stated that he lives behind the
subject lat ancl that he is in agreeirent with the oomrents nade Y�r his
neighbor Mr. Wicks.
�
• Chairman Th�npson closed the informal public hearin�.
e
Planning Comnission Meeting - June 28, 1982 Page -2-
� In response to an ;��;ry frcen Connussi�er Leppik, Planning and Reaevelop-
ment Coordinator Mike Miller stated that the Conprehensive Land Use Plan
calls for Lvw Density Residential developanent at the subject site.
Chairman Thcx�son asked haw nariy bedrocxns each of the cfiuplex units would
have, and Mr. Leazard responded that there wnuld be two bedroons in eadz
urait. In response to a question fran Comnissioner Leppik, Mr. Leaa�ard
stated that he would live in one of the units and rent aut the ather unit.
Connussioner Prazak askec3 the lvcation of the nearest mzltiple family resi-
dential develognerrt. Mr. Miller responded that the nearest mxltiple
dwelling units w�uld be across Medicine Lake Road in the City of New Hope
and that the nearest in the City of Golden Valley would be c3�plexes at
Winnetl�a and 23rd Avenues North. Staff verified that there are rr� ather
vacant lots in the ittrmediate vicinity of the subject lot which would be
available for possible rezoning to the 'It� Family (E�2) Residential Zoning
District.
Commissioner Leppik questi.oned the proponent concerning the use of cne
drive for bath units, and Mr. Lernard verified that there would be cne
cement drive. Mr. Miller pointed out that Medici.ne Lake Road is a Courity
Road, that the County restricts the ntunber of curb cuts, and that he
advised Mr. Leo�ard to oontact the County early in the planning process and
feels that the plan for one drive is a well thought aut plan.
� It was moved by O�mnissioner Leppik and seoonded by O�mmissi�er Forster to
recormiend that the City Council approve rezoning of 8179 Medicine Lake Road
from tlle Residential to the 'I�ao F�mily (R-2) Rssidential Zonin� District.
Comni.ssioner Leppik explained that she recomner�ded approval because she
could see no reason for deni.al aside frcxn speculati� that oonstruction of
a c�uplex might reduce values of neighboring hcmes. The rroticn was passed
unanimously.
III. Informal Public Hearing - Cor�ditional Use Permit
APPLICANT: Renaissance of Golden Valley
LOCATION: 1710 Douglas Drive North
REQUEST: Corr3itional Use Permit to allvw operation of
an Outpatient Adolescent Ch�nical Dependency
Treatmerit Center in a B & PO 7pning District
Chairman Thanpson iritroduced this agenda item and reooc,g�ized Mr. Bill
Bergquist, who was present to represent the praponent. Chairman Thatpsa-i
asked for Conmi.ssioner questians of staff.
•
Plalzni nq �p�ug,ion Meeting - June 28, 1982 Paqe -3-
Comnissioner Leppik asked where R+enaissance is now located. Planning and
• Redevelogne.nt Croordinator Mike Miller replied that Renaissance is wrreritly
located in a Yr�use at 830 Rhode Island Avenue North on CalvaYy Cb�unity
Services property and that the hause is one of three to be relroved for
construction of a parking lot. Mr. MiLler a�ed that Renaissance has been
at its current location for three years and that there have been rn�
ccnplaints or problenu resulting fro�n its location there duri.ng the three
year period.
In response to a request fro�n Camnissioner Forster, Mr. Miller reviewed the
history of the b�uilding at 1710 Douglas Drive North, the prq�osed new loca-
tion of Renaissance, explained the develapa�►ents leading to reoerrt. purchase
of the building by Paoe Lab�ratories ar�d discussed probable future rieed of
the eritire building by Pace.
Chairnr�z Tha�pson called on the representative af the praponerit, Mr. Bill
Bergqui.st, tr� present his request t�o the Planning Commissian.
Mr. Ber�quist stated that Renaissance has been in e�dstence in Golden
Valley m�re than three years arid at its current location for three years.
Renaissance is an o�utpatient chemical dependency treatmerrt. oenter serviny
prim�ri ly senior high scYiool stud�ts for both alcohol and drug related
problems. R�naissance is the first free standing outpatient facility as
opposed to being affiliated with a hospital. Zhe philosaphy of Renaissance
is to bring treatment to the camunity where the youngsters are located
rather than sending them to institutions. The three key oor�pcnerits of the
� program are:
1 . Inwlvement in the school system, because the younysters
must return to the school system upon carrQletion of the
P�Jram.
2. Involvement of the family, because treatmerrt without the
f ami.ly has less cx�ance of success.
3 . Treatment of the youngster, which is the primaxy oo�cnerrt..
Mr. Bergquist explained that mc�st referrals oo��e fran neighboring school
systen� and tY�at R�tabinsdale School District No. 281 make the greatest use
of the program in the Golden Valley location. Mr. Bergquist �phasized
that referrals are by word of mouth ar�d that Renaissance does not advertise.
Mr. Bergquist introduc�ed the following representatives of Renaissance, all
of wh�n were available to answer q�stions:
Ms. Maxy O'Hern ar�d Ms. �ith Lurxl, teachers ei�ployed by both
Renai.ssance arid District No. 281
Ms. Dee Rasnussen, Business Manager of R,enaissance
•
Planning Co�nissian Meeting - Jur�e 28, 1982 �� -�
Mr. Craig Thanpson, Director of the Renaissance Prcx�am located
� in Bloomirigton
Ms. Eileen Klein, �LU�selor at R+enaissance in Golden Valley
Ms. C�wen Thornberg, graduate of the program, and her irother,
Mrs. Thornberg
Mr. Bergquist explained that Rersissance has two progra� at present, those
in Golden Valley and Blo�mingt.on, and will be opening a third program in �
Anaka this fall.
Representatives of Renaissance offered the follvwing information � the
prograrp in response to questions frcm Planning Co�ni.ssioners:
Renaissance is an independent for profit organizati� headed by three priri-
cipals, of which Bill Bergquist is one.
The primary differences between Renaissance and the outpatient treatmer�t.
facility at Golden Valley Medical Certter are that Renaissanoe i.s free
standing and that Renaissance treats acblescents only.
Renaissance is fiinded by private m�ey, a�1 no tax ironey is inwlved.
Renaissance is one of the first free standing independent treatmerrt. facili-
ties licensed ?� the State anci eligible for third party paymerit,s froin
health insurance programs.
• Renaissance is licensed by the State of Miruzesota to treat up to 30 per-
s ons. Peak enrollment in the program in the past year was 20 clients.
Family involvement is a oondition of ac�nission to the program. Et�ening
programs, involving approximately seven clients and their families on ariy
one evening, are eoalducted between the hours of 5:00 arul 7:00 p.m. , lastin�
until 7:30 p.m. at the latest, Tuesday ar�d Thursday evenings cnly.
Ms. c3wen Thornberg veri.fied that participation in the progratn � the part
of y�ung pe�ple is prirnarily wluntary. Some begin the program �ly at the
urging of their families but then warit to ca�rie as they observe fawrable
changes in thetns elves and develop goals to wc�rk taaar3.
Screening of program participants takes place initially through tYie
referral process. Potential clients go through an intake process and a rne
week orientation. Renaissance refers 30 to 40 pexcent of potential par-
ticipants to other programs rrore suitable to indivic�aal needs. In this
manner, caly persons most likely tA benefit fran the program are ac�nitted.
Hvwever, if a participant begins using during treatJnent, he or she is asked
to leave the program.
•
Planning Co�miission Meeting - June 28. 1982 �� -5-
� The treatment process begins with referral by the J�cn Institute ar ky
professional school a�unselors trained by the Johnson Institute. Nbst
c lients in the past have been referred to Renaissanc,e for intial treat�ierit
rather tt�an as a follaa up to hospitalization. Hawever, a procgam of iwo
weeks of irypatient treatment follvwed by four wedcs of autpatie.nt treat�merit
at Rsnaissance is beooming rrore prevalent. Treatment typically takes faur
to-six weeks. Zhis is followed by three manths in an after c.are program,
arid then participants enter an AA program. Return to the proc�ram at ,
Renaissance at whatever level is apprapriate to the indivic�al is always an
option if needed. 'Ihere is also an a1LUrnLi program for c,�aduates both of
Renaissance and of other programs.
The success rate of the Renaissance Program is 60 gercent, success meaning
that t1�ie graduate is participating in AA or anather support group, is func-
tioning in a rr�rmal setting and is not using. Mrs. Thornberg offered the
information that 11er daughter has managed sucoessfully for over a year and
shared with the Planning Comnission her gratitude for the Renaissance
proyram which returned her child to her.
The Bloomington Renaissance site is la�ted within an inc�ustrial park oaze
block frcen a freeway servioe road in the vicinity of a �jor freeway inter-
section for easy access. 'Ihe location of the Anaka facility to be opened
in the fall will be within a medical professional building. Nbst similar
types of facilities in the �ain Cities area are in resideritial areas.
� Renaissance would expect to occupy the prog�osed location at 1710 Dauglas
Drive for three years and has negotiated a lease which would guarantee the
space to them for a ndninn�rn of 'twr� years. RQnaissance c�es not e�ect
substantial program expansion during that tim�e. 'Ihe peak nurnber of clie.nts
a llawable under their State license is 30, but referrals are dohnl chiring
the s�r �ths, arid Renaissance prefers to have a waiting list from
which to draw clients.
M s. l�th Lund described the schooling program offered to part.icipants.
Mr. Berc�quist introduced tvuu other persons who had arrived at the meeting
to represent Renaissance: Mr. Srian Gratt, Counselor, and Mr. Jim Anc�ess,
former Personnel Director, both with School District No. 281. Mr. Anc�ess
addressed the Planning CoaYrnission arid stated that based on his experience,
Renaissance offers results, professionalism, expertise and a law profile.
He has been impressed with the program's ability to iraintain close oontacts
with oanriunity, parents and schools and at the same time �intain its low
profile.
Chairman Thanpson opened the informal pubLic hearing for public ir�put.
Mrs. Kathy Bershceit, 1605 Douglas Drive, asked whether the Renaissance
program accepts stud�ts with criminal problems referred through the
c�rts. 'Ihe proponents said that they have accepted court referrals but
only about four or five since the beginning of the Renai.ssance proc.,�am, so
ethe percentage is extremely snall. Zhe c�ourts are reluctant to refer cases
Planning Coamassion Meeting - June 28, 1982 �� -�
� to outpatient facilities and young per.��le witl-► criminal problems are rrore
likely to be institutionalized. Clients at Renai.ssance are brvught to the
program location arxl picked up daily b� parents. 'l�ey are n�t allvwed to
drive thenBelves. Parkicipants are not allaaed to leave the prendses
during the day program, are not allvwed to be araund the facility before
and after the regular program hours, ar�d are supervised if out in the yard.
Renai.ssance has never had a police call.
Mrs. Wiebesick, 6145 St. Croix Avenue, stated that she lives directly
behind the subject building ar�cl asked which parking lat would be used for
dropping off and picking up ynung peog,�le, asked the age range of clients,
ar�3 asked about program hours. Mrs. Wi�esick also nated that there is
little outside area for pra,�ram use. 'Ihe proponents replied that the north
parkin� lot will be used for dropping off and picking up youn9 people par-
ticipating i.n the program. Participants are 12 to 18 years of age with the
average age being 15. 'Ihe day program lasts from 8:00 a.m. tA 4:00 p.m. ,
and evening sessions with family are scheduled from 5:00 to 7:00 p.m. ,
lasting no later than 7:30 p.m. There will be no use of outside spaoe at
the proposed new location. All activities will take place inside, and the
program is structured to fill the entire day. Program activities include
school instruction, lectures, therapy sessions, luricY► break and rela�.ti�
and exercise periods.
Mr. Dan iverson, 6404 Hanpshire Place, explained that he lives in a cbuble
b�galaw cn the �est side of Douglas Drive twr� houses frc�n Douglas Drive.
� Mr. Iverson stated that Yie has no dispute with the Renaissance proyram and
that it appears to be a sound program, but he dr�es dispute tYie location.
Mr. Iverson stated that the neigh'borhood around the proposed locati� of
the facility is a close neighb�rhood with children ranging frcan young age
to adolescents and that his c�cern is for the neighborhood children. Mr.
I verson questioned why Renaissance finds the prq�osed location ideal for
tlleir purposes ar�d stated that he feels the facility shwld nat be la:ated
in a residential setting. Mr. Miller explai.ned the wncept of a o�r�
ditional use permit, that �ditions would be placed on the permit approval
arid that if the conditions are not met, the City would have grourbds for
revocation of the permit.
Mrs. Barbara Williams, 1700 Douglas Drive, asked wY�at reoourse neighborin�
residents w�uld have if things do nat go as preserited and asked whether
tlzere would be a time limitation on the perrnit. Qzairman Thcnpson and Mr.
Miller both verified that ariy fai.lure tro o�ly v�rith oonditions of the per-
mit oould be reported to the City arr3 would be investigated. Mr. Miller
stated that the permit would not have a time limitation, that while a tiure
restriction �y be placed on issuance of such a permit, it is preferable to
attach specific o�nditions arx3 m�nitor ca�plianoe with those �onditi�s.
Mrs. Kathy Berscheit, 1605 Douglas Drive, stated that she shares o�ncern
for neighborhood children and aoes not feel canEortable with the fact that
the o�ly recourse for neigh]�oring residents will be to r�ake o�iplaints to
the City.
�
Planninq COI[mi.ssiolz Meeti.ng - June 28� 1982 �9e -7-
Mrs. Wiesbesick, 6145 St. Croix Avenue, asked whether program par'ticiPants
� have problems ather than aloohol arrl drugs. The proponents replied that a
nunber of their clients have truancy proble�, but as stated before, very
few are aourt referrals.
Mr. Sill Miller, 5533 Yates, Crystal, stated that he was a patie,nt at
Ret�a.issance a year ago and was involved in the program for a period of
three mo�ths. Mr. Sill Nliller verified that the Renaissance program is
very Y,ighly structurea and that �articipants spena no time outsiae. rfr.
B ill Miller oonfided that at the time he entered the Renaissance program,
he shared the same fears expressed by sor� of the neighboring residents
that he would be thrown in with criminals. He four�l that the ather program
participants were yaung people like himself, the kid next door type, people
yau v�uld never guess had chemical dependency problerns.
Chairn�an Tharpson closed the infonnal public hearing.
Chairman Thcsnpson referred to the staff r�ort outlining a two-fold task
for the Planning Co�nnission: 1) A reconmer�dation on cor�patibility of the
proposed use with other ccnditional uses listed in the Business and Pro-
f essional Offices Zoni.ng District ancl 2) findings and reoom�nendatio�s based
on the ten factors li.sted in the Zoning Ordinance for oonsideration of c�n-
ditional use permit requests. It v�as the consensus of the Planning
Commission that the proposed use is caipatible with other conditional uses
specifically described in Chapter 10 of the 7oning Ordinance. '�'ie Planning
Comnission then reviewed the considerations set forth in Section 20.03 (G)
Oof the City 7oning Orc]inance.
Cormiissioner Singer stated that he favors the prc�posal based on the unblem-
ished record of the Renaissance program in its present location in tern�s of
land use and impact on neighboring property.
Chairman Thcmpson reviewed the canditions of approval reoomrended by staff.
Commissioner Siriger noted that the reo�nded conditions restrict the
n�snber of cLients to 25, while the proponent stated that the facility was
licensed by the State for 30 clients. Planning and Redeveloprne.nt Coordinator
Mike Diiller stated that he based his recoMnendation on infornation provided
by the proponents that the nwmber of clients served is 25 ar�1 that he sees
no problems with allaaing 30 clients. However, he verified that the
increased niunber of clients would require allocation of additio�al parking
spaces to Renaissance use. Mr. Ben3quist explained that since the young
people do nat drive the�selves to the day program, 1Zenai-ssance Par']cin9
needs are greatest during tYie evening program which includes families and
starts at 5:00 p.m. The hours of the principal user of the building, Paoe
Lab�ratories, end at 4:45 p.m. so that all of Pace parking is also avail-
able for Renaissance use during evening sessions.
0
Planning Comnission Meeti.ng - June 28, 1982 Page -g-
Coa�missioner Forster asked whether the building had been inspected by the
• City Building Inspection Depart�nent and Fire Marshal for proposed
Renaissance use. Mr. Miller stated tYLat the building has been inspected
for use bir Pace Laboratories and was inspected in o�nnection with a pre-
vious pmposal for use as a Day Care Facility. The building will be
inspected specifically for Reriaissance use once the City is assured that
the use wi.11 be going into the building.
It was irnved by Qomnissioner Forsster and seoonded by Oomnissioazer Prazak to
reaorRnend that the City (buncil grant a aariditional use perntit to Renaissance
of Golden Valley t�o operate an Outpatient Adolescent Chernical Dependency
Treatment Center at 1710 Douglas Drive North subject to the follawing
co�ditions:
1. 'Ihat the maxinwrn rnunber of autpatient clients not exceed
3 0 individuals on premise at any �e time.
2. That Renaissance be allotted nat less than 13 off-street
parking stalls orrsite.
3 . That Renaissance agree to impleqrient all code requiremerrt.s
and recomnendations of the Building Inspector and the City
F ire Marshal relative to life safety, fire preverition and
emergency evacuation of the structure area to be used by
Renaissance.
� 4. Failure to ac�ere to arry of the above listed conditions
shall constitute just grounds for revocation of the
Conditional Use by the City Council.
CorRnissioner Leppik stated that she would support the rmti� and wished to
give her reasons for supporting the recom�er�dation of approval. O��nissioner
Le,ppik stated that Golden Valley is part of the real world and that
Renaissance offers a good solution to a real problem. �rmiissioner Leppik
expressed the belief that Golden Valley is fortunate to have such a program
within the City and available to Golden Valley residerrt.s.
The m�tion vTas passed unanimously.
Mr. E�.igene Wiebesick, 6145 St. Croix Avenue, asked whether the stipulati�
of no lavering of property values in the neighboring area was aze of the
co�ditions of permit approval. Chairman Tha�p�n explai.ned that effect on
neighboring property values is on�e of the factors stipulated by Ordinance
for oo�sideration by the Planni.ng Coa�rnission in making its re�miendation,
but that it was not included in re�m�rended conditions of approval. Mr.
Wiebesick asked who would m�nitor the facility to assure that it did not
s erve irore than 30 c lients. Chairman Thatp son stated that the City is mt
in a position to rreke regular checks of the facility but wrxzld investigate
any reports of violation of permit ccnditions.
•
Planni ny Co�t[nissioll Meetirlg - Jut�e 28� 1982 Page -9-
• IV. Discussion ar�d Cor�sideration of Prvposed Amerx�erits to the City
Zontng Ordir�ance
Chairman Thcx�pson introduced this agenda item and called on Planning and
R�development Coordinator Mike Miller to explain the prc��osed amenc�nents to
tYie Zoning Ordinance. Mr. Miller provided the Plaruzing Conmissi� with
background on the proposed Zoning Ordinance amenc�nerits arid answered
questions fr�► the Comnissioners.
In oonjunction with the proposed addition of a aonditional use to the Lic�t
Inc�ustrial Zoni.ny District Section of the Zoni.ng Ordinance, C�airman
Thanpson recogtiized Ms. Mary Oonstantine who was present. to speak on her
proposal for location of a classical ballet school in an office warehouse
building located at 8840 - 7th Avenue North in a Light Industxial Zoning
Distxict. Ms. Constantine irrtroduced five other perscros acoonpanying her
and representing her interests, including her daughter, principal ballet
teacher Madame Lirena Doubrovskaia Branitski ar�d her husb�and, and tl�e
couple from whom she proposes to sublease the office warehouse space. Ms.
Constantine described her proposed dance school, stated that she feels it
would be an asset to the ca�nunity of Golden Valley and requested favorable
co�sideration of the praposed Zoning Ordinance amenc�ierrt and her prc�po�al.
It was m4ved by Qo�nissioner Prazak and seoonded by O�nmissiarier Polachek
to recomnend City Council approval of three amenclments to the City Zoning
� Ordinance as follaas:
It is reeomnended that Section 6.04 �nditional Uses, (hapter 6, Light
Industrial Zoning District, of the City Zoning Ordinance be amended by
adding the follaaing subsections:
11. Health, Fitness and/or Exercise facilities including dance
studio, �astic training, weight lifting studio, aerobic
e xercise, and c�nnasiLUns.
It is also rec�ez�ded that Section 7.03 Conditional Uses, Industrial
Zoning District, of the City 7oning Ordinance be amer�ed by adding the
follvwing subsection:
14. Autt�ambile repair sY�ps, aut�o body repair arx3/or painting,
and auto cleaning arxl reconditioning.
It is further rec�mer�ded that Section 20.03(B), Chapter 20, �nditional
Uses, of the City 7oning Ordinance be amended to read as follvws:
B. A fee of One Hundred and �y-five D�llars ($125.00)
sY�al.l be required for tlhe filing of each apg�licatioaz.
•
• P lanning Canmission Meeting - June 28, 1982 Pa9e -lfl-
Coimnissioner Leppik proposed an amerr.�tient to the irotion to set a fee of
$150.00 in place of $125.00 far filing of oonditional use permit appLica-
tio�is. �nmissioners Prazak ar�d Polachek acxepted the amerx��nt to the
motion.
The im�tion as amerbded v�ras passed unar�imously.
V. Report on HRA Meeting - Jur�e 8, 1982
Co�nissioner Forster provided the Planning Conrnission with a repArt � the
HRA meeting of June 8, 1�2.
VI. Report on Special HRA M�eeting - June 15, 1982
P lanning and Rec�evelognent Coordinator Mi.ke Miller provided the Planning
Comrdssian with a report oa� the Special HRA meeting of June 15, 1982.
V II. Report on City Council Meeting - June 15, 1982
Co�nissioner Leppik provided the Planning Co�rdssion with a report � the
C ity Council meeting of Jun�e 15, 1982.
V III. U�date on Valley Square Redevelognent Project
• Chairman TharQson provided the Planning CaYmission with a report an
progress of the Valley Square Redevelo�nent Project.
The meeting v�ras adjourned at 9:45 p.m.
Respectfully submi.tted,
David Thcxrpson, thairman Maxgaret Leppik, Secretary
.
!
July 8, 1982
T0: Golden Valley Planning Commission
FROM: Alda Peikert, Assistant Planner
SdBJECT: Set Date for Informal Public Hearing - Amendment to
PUD #1-B, Colonial Acres
Covenant Manor, a senior citizen residential building located at
5800 St. Croix Avenue, has applied for an amendment to the original
PUD approval for the development, PUD #1-B, Colonial Acres. The
amendment proposes addition of a nine stall garage building in
place of open parking spaces. Staff suggests that the Planning
Commission set an informal public hearing date of July 26, 1982
for consideration of the Preliminary Design Plan for the proposed
amendment to PUD #1-B, Colonial Acres.
•
AP:ga
�
r July 8, 1982
T0: Golden Valley Planning Commission
FROM: Mike Miller, Planning & Redevelopment Coordinator
S�BJECT: P.U.D. #37 - Brandon Terrace Townhouses
Brad J. Jones, proponent of P.U.D. #37, has requested that the
informal public hearing, scheduled by the Planning Commission
for Monday, July 12, 19a2, to consider the Preliminary Design
Plan for the aforementioned P.U.D. , be continued until July 26,
1982. This request is being made to allow time for engineering
and design changes to be completed prior to Planning Commission
consideration.
• Staff recommends that the Planning Commission give favorable
consideration to this request.
MM:ga
�
� July 8, 1982
T0: Golden Valley Planning Commission
FROM: Alda Peikert, Assistant Planner
SUBJECT: Recommendation of the Golden Va11ey Human Rights Commission
on the Management Plan for the Rental Portion of PUD #30-B,
Medley Park Townhouses
Representatives of the Golden Valley Human Rights Commission and of Realty
Management Services, Inc. , the firm which will manage the subsidized rental
portion of the Medley Park Townhouses Development, will meet with the
Planning Commission on July 12, 1982 to review the recommendation of the
Human Rights Commission on the Management Plan for the Medley Park Townhouses
subsidized rental units.
Established approval procedure for Housing Project Management Plans calls
for review by the Golden Valley Human Rights Commission and presentation of
a recommendation to the Planning Commission. The Ptanning Commission then
makes a recommendation on the Management Plan to the City Council or HRA as
� appropriate. In the case of Medley Park, the Planning Commission recommenda-
tion will be directed to the HRA.
Staff referred the Management Plan prepared by Realty Management Services, Inc.
in cooperation with the developer, Bor-Son Investment Properties Corporation,
to the Human Rights Commission on March 5, 1g82. The Human Rights Commission
distributed copies to its Housing Committee at the March 11 , 1982 Commission
meeting. The Housing Committee met on April 12, 1982 with representatives of
Bor-Son and Realty Management Services, Inc. , and a copy of the memorandum
reviewing agreement reached at that meeting is attached. The Housing Committee
reported back to the Human Rights Commission on May 13, 1982•
In response to issues raised by the Housing Committee of the Human Rights
Commission, Realty Management Services, Inc. prepared Addendum #1 to the
Management Plan. The Housing Committee reviewed the Addendum and made four
additions, which were accepted by Realty Management Services. A copy of
Addendum #1 is attached, and the additions made by the Housing Committee are
in italics.
The Golden Valley Human Rights Commission recommends approval of the Management
Plan for the Medley Park Townhouses with inclusion of Addendum #1 incorporating
the four additions made by the Housing Committee.
�
Golden Valley Planning Commission
• July 8, 1g82
Page 2
-Staff suggests that the Planning Commission recommend HRA approval of the
-Management Plan for the subsidized rental portion of PUD #30-B, Medley Park
Townhouses, with inclusion of Addendum #1 as approved by the Human Rights
Commission Housing Committee.
AP:ga
Attachments •
1 . Memorandum dated April 15, 1982 on meeting of the Human Rights Commission
Housing Committee with Bor-Son and Realty Management Services, Inc.
2. Addendum #1 to the Management Plan for the Medley Park Townhouses
3. Management Plan for the Medley Park Townhouses
•
•
T0: Jay Pearson, Bill Hobbs, Leroy Marshall, Ginny Ginsburg, Bea Bakke
FROM: Gene Sylvestre
• SUBJECT: Meeting with Bor-Son representatives, Medley Park Townhouse Project
DATE: April 15, 1982
_On April 12, Jay, Bill, Leroy and I met with Betty Koekle, development manager
of Bor-Son, and Gerry Kimmer, head of the firm that will handle the management
of the Medley Park project, Realty Management Services, Inc.
Here is what was agreed to:
• Maintenance - there will be an on-site resident manager, hopefully a
. couple with one person handling the maintenance (lawn, snow painting
et al) and the other person handling the administration,
• Heavy maintenance - will be handled by outside vendors. A call-in
system will be in effect: First to the resident manager, if trouble
occurs, then to the maintenance person, then to Kimmer.
� Property Manager - this person will supervise the resident manager.
The property manager will be in charge of a number of projects for
Bor-Son.
• Laundry units - there will be hook-ups for washers and dryers in each
• apartment, but the appliances don't come with the units.
• Handicapped units - the Minnesota Housing Finance Administration
(MHFA) has specified that there will be only one 2-bedroom handicapped
unit in the project.
• Neighborhood involvement - so far, only people from two other projects
in the area have been invited �o meetings on the Me.dley �ark pro�ect,
� people from Kings Va11ey and the Gallant projects. We've had experience
working in neighborhoods and would welcome the Human R�ghts Commission's
help if it becomes needed. NOTE: If neighbors complain, we may have
to ca11 meetings.
• Grievances - we said they were too vaguely explained. �his Bor-Son did
on purpose, "We see what the tenants are like, then set up methods to
help them". The only appeal process now, actually would be to go to
MHFA or HUD. Most low-income tenants aren't about to be that sophisti-
cated usually.
However, Kimmer agreed to list himself as a person that a tenant could
go to if she/he didn�t get satisfaction at the project level.
• Parking - there will be 15 garages available �or rent, �lus 38 outside
spaces. Fifteen (15) of these will have electric headbolt heater
hook-ups, for a fee.
• • Social Services - at the initial rent-up period Kimmer uses "occupancy
specialists" to handle peoples social service needs sueh as credit-
finance, food stampes, medical care, etc.
- z -
Kimmer agreed to help people subsequently by setting up a system where-
� by they would be helped to contact: NW Human Services, Council, the
HRC, the City Manger's office. NOTE: This is too loose now, but enaugh
to get us started after the construction is done.
o Volunteer services - nothing in the works yet but something we could
_ help them work on later through congregations, the Rotary C�ub and the
like. �
� Monitoring by the HRC - Bor-Son agrees to the annual reView process.
This will include distribution of questionnaires to all tenants, dis-
cussion meetings with them. Bor-Son also feels that both the HRC and
the City Manager could serve as back-up for tenants' grievances.
NEXT,STEPS
Suggest the HRC Housing Committe write the City Council informing them of the
, meeting with the Bor-Son people, ask the Council if they have any questions
and set up a schedule on how to work with Bor-Son during the:
1. Initial rent-up period.
2. Afterwards, including the development of the �irst annual review.
.
�
•
MANAGEMENT PLAN
� MEDIEY PARK TOWHNHOUSES
• NpiFA �80-077
ADDENOUM �1
- 1. PARAGRAPH 8
PLANS FOR TENANT - MANAGEMENT RELATIONS
The resident manager will bring to the attention of Gerald E. Kimner,
President of Realty Management Services, Inc. , all grievances not of
a petty nature. Mr. Kimner will arork closely with the resident manager
and the residents to resolve any problem. If the situation warrants
it, imput fram the Golden Yalley Human Rights will be requested.
2. PARAGRAPH 9
SOCIAL SERYICES PROGRAM
� Social Services which can be handled on-site are arranged for by the
resident manager. If additional help is needed, outside referral service
. will be pursued. The resident manager will advise and assist the residents
in contacting these services. Specific contact organizations are:
1. iVorthwest Hennepin Human Services Council
3915 Adair Avenue
Golden Valley, Minnesota �
2. Gotden Valley Human Rights Commissions
2800 Golden Valley Road
Golden Valley, Minnesota .
3. City Manager
2800 Golden Va11ey. Road
Golden Valley, Minnesota
� 4. Golden Valley Health Center
4101 Golden Valley Road
Golden Valley, Minnesota
� 3. Realty Management Services, Inc. (RMS) will submit a quarterly
report to the Human Rights Commission compiling pertinent infor-
�ation which has been submitted to the Minnesota Housing Finance
- Agency on a monthly basis. This information will be obtained
from but not limited to Management Reports and Monthly Operating
Reports. P,�.�.5 w.i.�,�. wanfz i:ti.th a �ea.m de�s-i.g�la.�ed b� �6ze C-i.t� Couv�c.i,�
(ti.e. Human R-igh,�5 Ca►nm.i��tia�.) �ti cvnduc� �aK av�v�ua2 nev�.et�u a� �lie �no jec�.
4. During hours when the resident manager might not be availab��,
ou� office has a 24 hour answering service. This service has
access to emergency numbers through which Realty Management
Services, Inc. personnel may be reached or emergency maintenance
may be obtained.
5. Thetce ��xi.2,Q 62 avt a�1-��te ne�-i.dew� ma�ucge-'c ha.v�c,C�.�i.v�g ".P.i.gG�t ma,i.�l�ev�a�.ce"
(e.g. 2a,w�lwahf�, �a,i,v��,i.v�g, ��i�w nema v�) �on �he p.�.�j ec�.
6. "Heav� ma,t.��ev�av�ce" (e.g. �.�umb�.rlg, e.�ec��'c.i.c.a,�. w�nfz, twa��.v�g) w.i2�.
• be lia�id2ed by au,�s.i.de vendatus. •
7. A �tui�e�y mav�agen wi.22 �su�etr.v.c:.se wanfi a� �he n.e.��.deK� ma.v�agetc o� �he
�na j ec�, a�s we.�C a� a�l�en. �n.v 1 e c� ma.�a.g e�us.
�
. �
. � .
�
MANAGEMENT PLAN
MEDLEY PARK TOWNHOUSES
• MHFA 80-077
•
• � MANAGEMENT PLAN
.
•
1. The role and responsibility of the sponsor, and his relation
and delegations of authority to the managing agent.
_ a. What are the supervisory relationships, and to whom
are the p�rsons responsible for the day-to-day operation
of the project accountable?
Bor-Son, as owner, has ultimate responsibility for
the management of the development. Bor-Son will enter into
a contractural relationship with Realty Management
Services, Inc. (RMS) for the continuous management opera-
tion. Fees will be fixed by contact subject to approval of
financing agent.
The usual procedure for our projects is for a resi-
• dent manager/caretaker couple to be responsible for
the day-to-day operation of the project amd report directly
to the property manager. This includes accepting and
recording rents, and monitoring all aspects of the
property. The property manager is an in-house office
person who directly supervises the on-site staff and
reports to the President of RMS.
The resident manager/caretaker couple will be
responsible for the following duties on the project. These
duties will include, but not be limited to, marketing of
the units, collecting of rents, keeping appropriate on-site
records and the supervision of maintenance repairs. This
• includes all light maintenance at the project, both inside
the buildings and units and also the exterior, including
the `grounds.
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, ' Those maintenance situations beyond the capability
of the resident manager/caretaker couple will be let
•
to independent vendors or a service company with which
Realty Management Services is familiar.
- b. Under what conditions rtmust the managing agent consult the
sponsor before taking action?
There are certain situations which will confront the
agent which will require that the agent contact the owner
� before acting. It would be impossible to anticipate and
list these occurrences but, in a general sense, any actions
by the agent which would jeopardize the viability of the
project or which would impose extreme legal repercussions
on the owner would be brought to the attention of the
owner before the agent acts. An example would be: The
• agent will not disburse monies for any expenditures that
exceed an amount established by the owner except for
those expenditures designated in the Regulatory Agreement.
c. What are the areas in which the managing agent may
make decisions without consulting the sponsor?
RMS enters into a contractural agreement with the
owner to be the exclusive management agent of the develop-
ment. This agreement outlines the duties of the agent and
it is within these guidelines that the agent has respon-
sibility for performance and for establishing the general
operating policies for the project. The owner of the project
is ultimately responsible for the general policy of the
project and the agent with the administration of that
• policy and making recommendations to the owner to improve
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the policy. The agent will take such actions as may
� be necessary to comply promptly with any and all orders
• or requirements affecting the development placed thereon
by any Federal, State, County or municipal authority
having jurisdiction over the development, and orders
- " of -the Board of Fire Underwriters or other similar bodies.
d. Who in the sponsoring organization is the key contact
person for the managing agent?
, Realty Management Services, Inc. attempts to have
as its contact person a member of the development team.
We feel this person must have the knowledge and authority
- to make necessary decisions for effective management.
For this project, Bor-Son is the developer and Betty
Kaelke will be the contact person.
e. Who is responsible for carrying out any social services
• which may be provided? '°
The on-site resident manager will arrange and
�.,
monitor any of the varied social functions of the project.
Prior to implementing these activities, the resident
manager will have coordinated the functions with the
property manager.
f. Are the respective responsibilities of the sponsor and
the managing agent listed? Are these responsibilities
clearly defined so as not to overlap? Are they clearly
assigned? Are all basic responsibilities covered?
• The specific duties of the agent and those of the
owner are not listed separately; however, the Management
� Agreement outlines the obligations of the two parties.
All basic responsibilities are covered.
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g. Is it clear which items of expense are to be paid for
� by the managing agent� out of his fee? Out of rental
• income from the project?
The Management Agreement also outlines which
expenses are to be borne by the managing agent. The
- - agent shall investigate, hire, � pay, supervise and dis-
charge all managerial and non-managerial personnel.
The owner shall be given the option to interview and
approve the resident manager. Compensation shall be
considered an operating expense of the development.
In addition, the following payments are to be made from
- the operating budget:
a. Marketing agent fee
b. Management related long distance telephone calls
c. Real estate tax and insurance premiums
• d. Remittance to government agency as required by
Housing Assistance Payments Contract
� e. All remaining expenses including Mortgage Loan,
Principal, and Interest Payments
f. Deposits for Replacement Cost Reserve Accounts
All supervisory, bookkeeping-accounting,
clerical, along with all of the agent's overhead
expenses will be borne by the agent out of its own
funds.
2. Personnel policy and staffing arrangements.
a. Is all hiring in conformance with equal employment
opportunity requirements? What is the minority composition
� of your present staff? What level positions are held
by such minority employees?
RMS employs the normal media for obtaining qualified
' � personnel and all hiring is done in conformance with
• the requirements of Equal Employment Opportunity (see
attached "Non Discriminating Training lnstructions") .
There are presently three minorities on staff of 24 people.
_ One is Director of Marketing, one is an occupancy
specialist and one is a project accountant.
b. What plans are there for employing project residents
, to assist in the management functions?
To the greatest extent possible, opportunity for
training and employment is given to lower income residents
_ residing in the development without compromising the
quality of maintenance and management or the financial
conditions of the development. RMS stresses promotion
from within and typically promotes existing on-site
• personnel.
c. What are the projected staffing needs for the project?
It is anticipated that there will be a managerlmain-
tenance couple on a full time basis with a part time
caretaker/grounds person. The salary structure will
be finalized as development proceeds. The manager will
also act as a social service coordinator in assisting
� all residents that are unfamiliar with procedures or
who have questions.
d. What is the personnel policy in the following areas?
(1) Training and promotion opportunities?
Whenever possible, opportunities for training and
• advancement is given to residents residing in the develop-
ment and all persons are considered for advancement.
RMS stresses promotion from within and attempts to promote
site personnel. Special attention is given to training programs
r
and seminars and personnel are encouraged to attend.
� (2) Fringe benefits? �
iAll full time salaried and hourly employees partici-
pate in all the company benefit programs.
�3) Employee grievance procedures?
- Employees are urged to express their grievances
to their supervisor and that access to executives in the .
corporate office is available for their grievances if neces-
, sary.
(4) Employee terminating procedures?
An employee whose performance is not acceptable
� is notified by letter of his/her shortcomings, which had
previously been covered on a face-to-face basis, and a
period is established during which his/her performance is
. monitored for improvement. If satisfactory progress is
not made, the property manager will travel to the project
and request the keys from the employee, at which point
the employment is terminated. Prior to termination for
inability to perform, consideration is given for possible
utilization elsewhere in the company.
e. What are the lines of authority, responsibility and
accountability within the management entity?
The. Property Managers report directly to the
President of RMS. They monitor all operations at the
projects and coordinate all information between the project
office, agent office, government agency and the owner.
This includes, but is not limited to, the physical main-
• tenance as well as the recorded financial aspects of
the project. The property manager maintains a close
association with the corporate accounting department
to ensure an understanding of the financial viability
of the project. The project resident manaQer is supervised
� by, and reports directly to, the property manager.
• '
3. Plans and procedures for publicizinQ and achievint? early
occupancy.
- a. How and when will the units be advertised as available?
A site sign is usually placed on site once construc-
tion begins containin� pertinent information. T9edia
, advertising and contact with orp,anizations typically
begins approximately 120 days prior to occupancy. The
marketin� will emphasize the community with contact
- by mail and in person to churches and community Qroups
and advertising in local papers.
b. t�'ill affirmative marketing practices be utilized? lf so,
• what are your plans for such an affirmative marketinQ
program?
An Affirmative Fair Housin�. ?�!arketin� Plan (AF}iAfP)
r�ill be submitted (HUD �35.2) and complied with. See
attached.
c. V:hat plans are beinc? made to assure an economic and
racial mix of tenants?
Typically, an extensive waitinc? list is generated
as a result of the stron� interest for affordable housing.
In an effort to maintain an economic mix, we use our
� best efferts to achieve a balance of lo�a and moderate�
income residents. Special outreach efforts v��ill be made
includin� telephone calls and personal visits to any
• and all special interest ,a,roups in an effort to locate
occupants that meet the necessary requirements and ensure
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• the project achieves established guidelines. kTe use the
procedures in the AFH1�+P to maximize our attempts to
�
achieve our minority occupancy �oals. -
d. ln'hen will the on-site office be available and open to
- take applications at times which are convenient to
potential occupants?
Once we have been notified of a firm construction
completion date� we mail applications to prospective
' residents. In�e attempt to do this at lease 90 days prior
to the completion date. ��:e inform them to arrange for
an interview at the site if the office is complete or
a temporary office if required. The office hours are
normally 9:00 AA4 to 5:00 P1�", A7onday through Friday.
Appointments are arranged at other times to meet the
• needs of the applicants.
e. l�'hat are the procedures to allow for tenants to inspect
the units prior to their beinc? made available for occu-
pancy?
Project Tour. After a visitor has been determined
a qualified prospect by virtue of need, ability to meet
the financial requirements, need to move and other
criteria, on-site personnel v,�ill tour the development
with the prospect explainin� the features and benefits
of the complex and distribute brochures. This procedure
is followed only if construction has progressed sufficiently
to be safe.
Closin� and the Showin�* of tlie Leased Apartments.
• Every effort will be made to close the prospect in the
rental office without the need to actually show the selected
-S-
apartment. The time consuming procedure of walking
� the prospect to the actyal selected apartment location in
� most instances can be avoided through good salesmanship.
The selected apartment is to be first shown at the time the
lease is signed. Exceptions can be made; but in no event
� should an apartment under construction or not perfect in
every detail be shown, because the first impression to the
applicant will be negative.
, Follow-up. Follow-up by phone calls will be made
on the third day after the first visit of qualified pros-
pects. Further follow-up phone calls will be made on
� - the tenth day after their last visit, provided they have
not already become applicants.
Deposit Payments. Normally, the applicant will
. come to the on-site office for the lease signing. The
applicant is not given his signed copy of the lease or
the keys to the premises until he has paid a full month's
rent and the security deposit. Any proration for partial
month's rent will be accepted on the first day of the
following month. The keys are given to the tenant on
the day of the actual move-in, not before, and only
after agent has signed lease.
Lease Signing. At the time the lease is signed,
' on-site personnel will explain all lease provisions which
are unclear to the tenant; fill out the various lease
records and will fill out the various utility change of
account forms. Mention will be made to not hesitate to
• call upon the resident manager at any time about anything
which is not clear or any problem which the tenant
may experience. Only the agent is permitted to sign ,
the lease for the development.
Move-In. On-site personnel will accompany the
� resident to the townhouse or unit with the keys on the
• day of actual move-in. All move-ins are scheduled with
on-site personnel. The resident will be presented with
a written punch-out list noting any defects in the apart-
- ment that are to be corrected. On-site personnel will
place the original signed copy in the tenant file. During
this visit, on-site personnel will familiarize the tenant
with the operation of the heat, air conditioning,
appliances and the location of the circuit breakers.
f. What orientation services are to be provided tenants
- to acquaint them with the project? Care of the unit?
A resident handbook is distributed at move-in which
contains information regarding the project and care of
the unit.
•
4. Pracedures for determining tenant eligibility and for certifying
and re-certifying incomes.
a. Who will be responsible for this function?
Our occupancy specialists who have certified over
4,000 applicants will handle this function.
b. Is the responsible person knowledgeable regarding certi-
fications and re-certifications requirements? If not, what
provisions are being made to provide this person with
the necessary training?
As mentioned above, our occupancy specialists
have certified over 4,000 applicants for Section 8 housing
• under our management. In addition, they train and work
closely with all persons involved in certification and
re-certification. Emphasis will be placed upon applicants ,
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. .
from the community and related HUD guidelines. All re-
� jected applicants will t�e notified by letter and reviews
• can be set up with all involved.
c. Is the responsible person aware of HUD requirements
covering family size and composition as it relates to
- unit size?
Our specialists are aware that generally one bedroom
apartments will be limited to no more than two persons.
Two bedroom apartments and townhomes will be limited
to no more than four persons. Three bedroom townhomes
will be limited to no more than seven persons. Children
- will not be permitted in one bedroom apartments. Male
and female children will not share the same bedroom after
one reaches the age of six.
� 5. Plans for carrying out an effective maintenance and repair
program.
a. What procedures have been developed to inventory and
service appliances and the mechanical equipment? To
check out such equipment to be sure that it is properly
installed and operating prior to releasing units for
occupancy?
Prior to occupancy of any unit by a resident,
mechanical equipment and appliances are checked to
ensure they are functioning properly. In addition, the
prospective resident is required to sign a move-in form
ensuring that the unit, the appliances and the mechanical
• equipment are in normal functioning order. An inventory
of all appliances and equipment on-site is maintained,
which includes the description, model and serial numbers _
applicable. Routine checks are made on an annual basis
` . • to ensure that all equipment is operating properly and
• additional checks are made upon move-out and move-in.
b. What are the procedures for inspecting and carrying
out maintenance activities in units prior to a move-out?
- Prior to re-renting the unit?
Move-outs and Re-rentals. Two formal inspections
of the units will occur involving move-outs and subsequent
re-rentals of the unit. On-site personnel will first inspect
� the unit before the move-out occurs and make any charges,
if necessary because of damages, out of the resident's
security deposit. If damage costs exceed security deposits,
the resident will be invoiced for all costs over and
above the security deposits. Each piece of equipment
is checked for proper operation by the project maintenance
� person. Repairs are made_where required and each item
is checked for proper operation. Should a piece of equip-
ment become inoperable, the resident is instructed to
contact the project office by phone or in person.
Emergencies such as gas or water pipe breaks or fires
are to be called in immediately. The second formal in-
spection will be made after decorating has been completed
to see that the unit is ready to be moved into. In this
development, the resident manager will be directly re-
sponsible for the arrangement and execution of the work
required to return the apartment to as-new condition.
c. What is the schedule for interior and exterior painting
and redecorating?
• The agent will walk the public areas and the
building exteriors 'to determine painting and decorating
_i�_
needs. The agent will inform the owner of his findings
• � and recommendations.
• The interior of the living units for those residents
with continuous occupancy will be painted on a three to
four year schedule. Each unit will be inspected upon
move-out and painting will be done, if necessary, prior to
any move-in.
Any interior common space will be painted on an
"as needed" basis, with two years as the probable maxi-
mum. The exterior of the building will be on a five
year painting schedule, but will be inspected annually
to ensure that conditions have not developed that might
cause a deterioration of the siding.
d. How are garbage and trash removal to be handled?
A contract will be 'let to a local service to collect
• garbage and trash on a basis compatible with the local
area and the needs of the development.
e. How will major repairs be handled?
Major repairs, replacements and extraordinary
expenditures will be initiated by the agent after consulta-
tion with on-site personnel, and depending upon cost or
nature, discuss options with sponsor. Expenditures that
have not been included in the budget, approved by the
owner and government agency, will be submitted for
approval by the agent and owner in writing prior to the
assumption of the obligation.
f. How will grounds upkeep and maintenance be carried
out?
• All common areas will be swept and cleaned daily,
and parking lots will be policed daily and kept free
��.
' of trash and other debris. For winter snow removal, the
; ' resident caretaker has responsibility for the walk areas
• and street removal is contracted out.
g. What is the schedule for cleaning entryways, halls and
other common areas?
� "� All common areas will be swept and cleaned daily
and parking lots will be policed daily and kept free
of trash and other debris.
, h. How will tenants be instructed to report minor maintenance
repair needs?
Requests for maintenance service are to be made
- either in person or by phone to the resident manager.
All service requests must be issued in writing on special
work order forms. All work order requests will be answered
within 24 hours with an attempt made at making all
• corrections within that time span. All request for main-
tenance will be handled through the resident manager and
repairs made by maintenance person where applicable.
Outside vendor will be contracted for those jobs beyond the
scope of the maintenance people.
6. Rent collection policies and procedures.
a. Is there a provision for on-site rent collections? After
hours depository?
The resident shall be instructed to deliver all
payments to the resident manager at the office on site
during posted office hours, or to mail payments to the
• on-site office. Cash payments will not be accepted, except
for application fee. Exceptions can only be granted by
.
the agent. No after hours depository available. However,
office hours at the beginning of the month are flexible to
` • allow all residents the opportunity to meet the manager in
the office.
• - b. Will partial payments or pre-payments be accepted?
Partial payments will not be accepted without the
- advance permission of the agent.
c. Are late fees charged on delinquencies?
Residents will be advised at the time of move-in ,
that an additional $10.00 late rent administrative charge
' will become payable if rent is unpaid by the fifth of
every month.
d. What is the follow-up procedure when a tenant misses
a rent payment? When is a payment considered to be
"missed"? What arrangements are allowed to make a
"missed" payment?
• Past due notices will be delivered on the fifth
of every month, and the resident manager will contact
the resident to discuss the delinquency on the seventh
and eighth days of every month. The resident manager
at that time will remind the resident of the additional
late rent administrative charge for rent received after
the fifth. The late rent administrative charge is to act
as a deterrent and will serve to help keep delinquencies
at a minimum. If no agreement in payment is reached,
legal action will be initiated on the lOth of the month.
e. Can the agent provide referral services to families with
budget problems?
Yes, the agent can.
•
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f. What are the eviction policies and procedures?
As of the tenth day of the month, the agent will
• file Unlawful Detainer Actions against any residents
who have made no effort to pay their rent or those resi-
dents that the resident manager has not been able to
contact. Eviction proceedings must be implemented through
- � the property manager. The resident manager will only
be allowed to accept full payment of rent and legal
costs, once the eviction process has begun. These payments
+ must be in the form of cashier's check or money order.
The resident manager will have the authority to _
work with residents who make an effort to pay their.
rent only if they have paid at least half of their rent
by the 15th of the month and provided evidence that
they can pay the balance of the rent by the end of
• the month. The agent will initiate Unlawful Detainer
Action against any resident who has not complied by �
the 15th of the month. The property manager will review
and approve or disapprove any residents who maintain
any delinquency past the 15th of the month.
g. Are rent payments adequately recorded and kept in a
separate account?
Yes
h. What is your program for maintaining adequate accounting
records of security deposits, HAP payments, etc. J
All rent payments, including partial payments
and pre-payments, are recorded on individual tenant
ledgers and the money deposited in a separate rent ac-
• count. Security deposits are recorded on tenant ledger
�
cards and deposited in a separate security deposit bank
account. fiousing Assistance Payments, when received�
- are matched to HAP request forms. Chan�es are made
• where necessary and money is deposited in rental opera-
ting account. -
'7.- Pro�ram for maintainin� adequate accounting records and hand-
ling necessary forms and vouchers.
a. Are accounting and purchasinq procedures consistent
with �:�HFA regulations? .
J The accounting and purchasin� procedures are
those out2ined in the �1HFA I�tana�ernent Handbook and
Regulations. All monthly reportin� requirements will
be prepared by our central accounting office. All monthly
reports are to be at b4HFA by the 15th of the following
month. The bookkeeping system is structured so that
• cash flow can be easily monitored. Resident verifications
and recertifications are kept on file at the project site .
in the resident's file. Ledger cards are marked to remind �
the resident manager of recertification date.
b. How will monthly reporting requirements be handled?
All monthly required reports will be submitted �
in accordance with the guidelines established by A4HFA.
The monthly accounting reports will be delivered to Pr1HFA
no later than the 15th of the month following the report
month. . -
c. Are tenant certifications and recertifications kept on �
file?
Yes
�
�-17- �.
d. Is the accounting system such that the project cash
• flow can be easily monitored?
• Yes
e. During initial rent-up period, by what day in the month
will the sponsor and t".HFA office receive the monthly
accounting report? Will the sponsor continue to receive
a monthly accounting after the rent-up period?
Reports will be forwarded by the 15th of the month
following substantial completion and each month thereafter.
8. Plans for tenant-management relations.
a._ What are the policies and procedures covering the handling
of tenant grievances ?
The Agent will use his best efforts at all times
to maintain amicable relations with the residents of
• the development. It is important that departing residents
think well of the development just as residents to during
their residency. Fraternization with the residents is
to be avoided and shall not be confused with amicable
relations. The agent will maintain good faith communica-
tions with the residents, so that problems affecting the
development and its residents may be avoided or solved
on the basis of mutual self interest.
Grievances will be handled on a personal basis
with individuals, not with committees. Prompt response
to justified grievances on the part of management will,
in most instances, circumvent the needs of the aggrieved
� residents to form committees.
The resident manager will bring to the agent's
attention all the grievances not of a petty nature. The
aaent will endeavor to initiate changes to eliminate
� justified qrievances after first conferrin,a, with the owner.
• b. �4�hat are the policies and procedures covering the ser-
vicing of tenant requests?
Tenants are advised that the office will be open
� during normal hours for handling their requests. After
normal hours, only emeraency requests should be made.
c. How will tenants be oriented to the project?
Same as 3. e.
d. T�dhat are the leasing policies and procedures?
This certification is performed strictly in accordance
_ with designated guidelines and strict adherence will
be made to the I�on-Discriminations Training Iv�anual
and the Affirmative Fair Housing Training Nanual. Pre-
ference is given to the applicants who require the most
• assistance. Priorities will be �iven to families in accor-
dance with A4HFA re�ulations and guidelines. The Tenant
selections will be made with the approval of the resident
manager.
The processing of the lease application will be
the responsibility of the resident manager, under the
. supervision of a property manager, utilizing the standar-
dized format established by the sponsor and the govern-
ment agency. The format of the lease application review
procedure will consist of a personal interview with the
applicant, a credit investigation, reference investigations
and proof of earnings determination. All adult parties
• to the lease will complete individual lease applications
and be investigated, unless they have been married
.
-19-
for more than six months, in which case a single lease
' application form will be used which asks information
• of both husband and wife.
All applicants must receive favorable recommendations
from their preceding two landlords, if applicable. These
_ comments will be made part of the applicant's file.
More than one lease application can be accepted
for a single apartment on the same day. This multi-appli-
cation procedure is only to be used when there is but
a single vacancy. It is preferable to try to switch one
of the applicants to a different move-in time when another
apartment will become available.
e. If necessary, are leases available in foreign languages? :
Yes.
f. Is the lease to be used fair and non-punitive?
• Yes.
g. Can you now give 1��1HFA a copy of your proposed lease
for the project?
See attached lease.
h. Is the managing agent willing to work with a tenant's
organization and with local and national groups with
which such organization may affiliate? Has he successfully �
worked with such organizations in the past?
Yes, on both counts.
i. How does the managing agent propose to enlist the support '
and participation of the tenants?
Realty Management believes that the best management
is derived from cooperation between residents and
• managers. With this in mind, we will introduce the develop- _
ment to each resident as they are accepted, and they
_�n-
'� , • will be encouraged to understand that they are an integral
• part of this development; therefore, their cooperation
and suggestions are valuable. As previously noted, a
bulletin board will be installed to foster communications.
9. Social Services ProQram.
a. tdhat social or referral services are to be provided?
How will they be carried out� and by whom? How will
� they be paid for?
In our small family developments, there is not
an extensive social services pro�ram. Ho��ever, the parti-
cular problems of each development are analyzed to deter-
mine resident needs. Services that can be handled on-site
are done by the resident manager. If more help is needed,
• the assistance of the property manager and other R�'S
personnel is available to ensure situations that may
arise are handled. Referral service is provided when
needed.
From time to time� there is a newsletter put out by
the resident manager for resident information. All items
of interest are included. These may take the form of
chan�es in project policy, �ood news items regarding
residents and social services and activities that are
coming up in the future in the City and County.
The resident manager will help stimulate self-he:p
and resident-run social services pro�rams.
• �
.
-21-
.
�
. b. How does the social service proaram relate to the antici-
� • pated needs of the tenant? Are the services adec�uate
• in scope to assure a viable project?
The social pro�rams are designed to respond to
specific needs of the residents. The services will be
- �more than adequate to fulfill the viability requirements
of the project.
c. l�Jhat role will the tenants play in shaping and overseeing
, the social services pro�ram?
The tenants will be very involved in the implementa-
tion and functionina of the program. Self-help and resident
- responsibility of program implementation will be stressed.
d. l�'hat services are to be provided in the following areas?
(1) Child Care
Cooperative if residents desire to organize.
• (2) Vocational trainina and placement
None
(3) Health Care
Referral on a case-by-case basis.
(4) Recreation for children and youth
Cooperative if residents desire to organize. On-site
playground and proximity to P�`edley Park will be of
major assistance.
(5) Financial and credit counseling
Referral on a case-by-case basis.
10. rdanagement A�reement (Contract)
• a. ��That form of hianagement Ac;reement will be used? If
• possible, provide a specimen copy.
See attached copy.
-22 -
�
� FAIR HOUSING TRAINIR�G INSTRUCTIOIuS
Instruction R�anual For
REALTY SERVICES EA.'PLOYF,ES
In Conformance lJith
� , F.qual Housing Opportunities
�
�
Realty *�ana�ement Services, Inc. is corr:mitted to a policy of nondis-
� crimination in all aspects of its operation. Specifically, our Qoal
is to provide for fair housing and fair er:lployment opportunities from
� our corporate operatians down to our rental and on-site hirin� pro-
cedures. The procedures which we follow are intended to be in accord-
ance with the (A) Executive Order 11063, �a) Civil Ri .a,hts Act of 1968,
� Title VIII, Fair Housing, (C) Rules and F.e�ulations, Title 24, Housin�
and Urban Development, Equal Housin� Opportunit_y and (D) A�innesota
� Human Ri.ghts Act, Chapter 3E3.
IThere are criteria established by Realty Rqanagement Services, Inc. ,
in addition to rules and reQulations set by the L�epartment of Housing
� and Urban Development and the �tinnesota Housinq Finance A�ency,
which allow us to maintain the economic and social viability of our
developments by refusina to rent to certain aoplicants. However, we
� must assure ourselves that our reasons for denyin� housin� and/or
er.►ployrr.ent do not violate the Civil Ri�hts of any individual, and
� are not discriminating in any wa_y. If you have any doubts or questions
that your acceptance or denial decisions mi.�ht conflict with the guide-
� lines which follow, do not hesitate to contact the ?!inneapolis office.
The following are basic excerpts from the above listed documents which
� will qovern our operations.
�
�e
•- 1 -
�
�
� I. RENTALS
It shall be unlawful -
A. To refuse to rent or to refuse to nec�otiate for the rental
� - or otherwise make unavailable or deny, a dwellin� to any
person because of race, color, religion� sex, national ori�in,
� creed, marital status� status with respect to public assist-
ance or disability.
� , B. To discriminate aaainst any person in the terms� conditions
� or privile�es of rental of a dwelling, or in the provision
of services of facilities in connection therewith, because
of race, color� reli�ion, sex, national origin, creed, marital
� status, status with respect to public assistance or disability.
� C. To make,, print or publish, or cause to be made, printed
or published, any notice, statement or advertisement with
respect to the rental of a dwelling that indicates any
preference, limitation or discrimination based on race,
� creed, color, reli�ion, sex, national oriqin, marital status,
status with respect to public assistance or disability or
an intention to make any such preference, limitation or
discrimination.
� D. To represent to any person because of race, color, reli�ion,
sex, national origin, creed� marital status, status with
� respect to public assistance or disability that any dwellinc?
is not available for inspection or rental when such dwellinq
� is, in fact, so available.
E. For profit, to induce or attempt to induce any person to
� rent any dwelling by representations regarding the entry
or prospective entry into the development of a person or
persons by a particular race, color, reli¢ion, sex, national
oriqin, creed, marital status, status with respect to public
� assistance or disability.
� - 2 -
�
�, II. E!�1PLOYME�iT
�• Except when based on a bonafide occunational qualification,
it is unfair employment practice:
� - A. For an em lo er because f
Y P Y + o race, color, creed, reli�ion,
national origin, sex, marital status, status with regard
1 to public assistance or disability:
� 1. To refuse to hire or to maintain a system` of employ-
f inent which unreasonably excludes a person seekin�
� employment;
OR
� 2. To dischar�e an employee;
OR
' 3. To discrir.►inate aQainst a person with respect to
his hire, tenure, compensation, terms, up�radino,
conditions, facilities or privile�es of employment.
�
• B. It is also unfair employr.?ent practice for an errployer,
� before a person is employed bv an employer, to:
� 1. Req_uire a person to furnish information that pertains
to race, color� creed, religion, national origin, sex�
� marital status, status with re�ard to public assistance
or disability, unless for the purpose of national
security this information is required.
�
2. Cause to be printed or published a notice or adver-
� tisement that relates to employment and discloses
a preference, limitation, specification or discri�r�ination �,
� based on race, color� creed, religion, national ori�in,
sex, marital status, status with rec�ard to public
� assistance or disability.
I • _
— 3 —
�
� 3. Durin,a, interviews and as part of employment, questions
re�arding the followinq may not be asked:
a. A�e? Date of Birth? The A.v,e niscrimination
� + in Employment Act prohibits discrimination on
the basis of aqe aqainst individuals who are
between the aqes of 40 and 64.
�
b. Arrests? An arrest is no indication of quilt.
�
. c. Children under 18? *Jumber of Children? Aa_e of
� Children? Child Care Arran�ements? These ques-
tions tend to be primarily directed toward wor�en.
� It is ille�al to have one hirina policy for wor^en
and another for men, each havin� pre-school
children.
�
d. Citizen of ��!hat Country? Because discrimination
on the basis of citizenship has the effect of
discriminatin� on the basis of national ori�in,
� a lawfully immigrated alien who is residin�
in this countr_y may not be discriminated a�ainst
� on the basis of his citizenship.
e. Convictions? (Other than traffic violations).
� These should be obtained from the local law
enforcement aqencies if the employer feels he
� has the ri�ht to exclude persons who have
been convicted of certain offenses.
� f. Credit Re � � �
cord. (Char�e Accounts. Own Home.
� Own Furniture? Own Car?) This tends to reflect
mostly on minorities and should only be con-
� sidered out of a business necessity.
g. Color of Eyes? Hair? Tends to reflect race.
�
� - 4 -
�
� h. Fidelity Bond Ever Refused You? Refusal could
• be totally arbitrary.
� i. Friends or Relatives t�lorkin� for Us? Could
reduce opportunities for women and minorities.
� �
j. Garnishment Record? Pertains to minorities mostly
� and does not affect the ability to perform work.
� k. P.iaiden P1ame? Not relevant to ability to perform
,
work.
� 1. �•�arital Status? Tends to reflect a�?ainst women
if it is determined her's will be a second income.
� Could be a negative factor because of beliefs
concernin,� morality or family responsibility.
�
m. �ir. , A'rs. , or �1s.? Another way of asking sex
�• or marital status.
� n. Prior �`arried Name? Only women have prior
married names.
� o. Sex? Is not discriminatin� to ask if job can
be performed by only one particular sex. Few
� jobs qualify for one sex only.
� p. Spouse's Name? Reflects marital status.
� q. Spouse's G�'ork? Reflects marital status.
� r. Widowed, Divorced or Separated? Tends to apply
to women and minorities.
� After a person has been hired, if such information
• is needed, it can be obtained from the err.ployee.
�
� a — 5 —
:�
� This Fair Housin,q Traininq Instruction is not intended to be a sub-
� stitute for the Federal and State requlations regardin� Fair Housin�,
� but is designed to acquaint you with our responsibilities and our
ri�hts related to rental and employment. In addition to our established
� _ and legal rights for denying occupancy and/or employment, we are
_ not required to: .
� A. ?�todify the property in any way or exercise a higher de�;ree
of care for a person havin� a disability than for a person who
� does not; �
� B. Relieve any disabled person of any obligations o,enerally imposed
an all persons regardless of disability in a written lease, rental
� agreement or to refrain from makin� distinctions based on the
inability to fulfill the terms and conditions, includin� financial
obli�ations of such lease or a�reement.
�
C. Rent to or employ anyone whom we feel suffers from a disability
� which, under the circumstances, poses a serious threat to the
health or safety of the disabled person or others.
� In addition to the above Fair Housinq Guidelines we are re uired
- + 9
� to comply with an Affirrr.ative Fair Housin� P.'arketin� Plan which is
desi�ned to rr.ake the availability of our project known to those persons,
prir^,arily minorities, who mi�ht not make an attempt to seek residency
� in our project.
� ��Je feel that our procedures and informed personnel greatly minimize
the possibility of a discrimination char�e being levied aqainst us.
In the remote possibility that someone does file a suit, you need not
personally respond to any alleqed act of discrimination. The person
� alleging the discrimination must file a complaint with the Federal
or State authorities who, in turn, would advise us of any justified
act of discrimination.
�
�
� � - 6 -
�
�
� These instructions� alonq with the Affirmative Fair HousinQ ;�:larketing
• Plan, should be maintained in a convenient location easily accessible
� to all employees. Ensure that all employees are familiar with its con-
tents �and that the instructions are reviewed on at least a monthly
� _basis. In addition, make sure that the Equal Housinc? Opportunity
_ lo�o is prominently displayed in the office and that signs and infor-
� mation dispensed to residents contain the Equal }lousin� Opportunity lo�o.
Be alert for any applicant who appears unable to read the lease
� because of educational deficiencies. In the event there is a forei�n
lan�*uaQe barrier, it miQht be required that we obtain the services
� of an interpreter or arran�e to have a lease prepared in the forei�n
lan�uage.
� As was emphasized earlier, if you encounter any situation which you
� feel is not covered in these instructions, contact the "t';inneapolis office.
�
�
�
�
�
�
�
�
— 7 —
�
. � ' •. .
(. STAFFING�ND E%PERIENCE� 'j •
�re�Gr/nJorna�h»t rrqurued in tAe ttMr brJnw/w yuui o►1Centrstion(D�rrlopn/S/rontorJ m�d/o+d�t o�l�n ev�n/isnrei/w�enitNian iln��i/irJ,i/
ipl�liro/de:,�,�,.�Wa,.,air,x r��..z.L�..Ju nn!Iintil s�o//inj�o Ilrote i�cJ//Mtont runnrrind wifN or wakM[on Nirt/iwtin�. A'UTB� /lUD•
t7/EO�W be+wn/'u�d oJ anp rfmn�n in thr�om�on&s nanrcJ in Ihrt rlwrr.J .
• - STAFFINO tomo+nyY bH��o ea•
O�M/ences.nlA Ihosc
p�r►sn/I�atl IlYely 10
R�unt AM.eM��W �naW�or�ow/num�np._
Intl�t��e n�me sne�O•
�m�el ComPSeY.Albrvu Jep Orwf ol IM/..�wm�antl
sa0 7euotian Na tutisF �� � e
,w- � = .. w c r�cui/��nna m�a.
,� _ i ± �Z � =. = ..: RKfYlimeni
�t,. .; �r �C c : d� � o n stepa atun n to
+ � . . . o �= S= ,,,y � o■ + �O w u�sn�e�wut
► o m� `oa = := > p' .8 oc..on. Mw►,nq ,oe.
. � Z Z Qs a
.eioy�r/SOOmm �] 6� 1
r-Son
P.O. Box 1611 ROf. F 2 2 '
ls., MN 554� �81 2�2 4 3 2 SEE ATTACH ENT C
12) 854-8800
• otne. F 7 7 .
vertHMp(A�urr�iJJijJrrcaf M�5 4 1 •
m AJ
. alty Mgmt Services pO1 R 4 3 1 SEE ATTACH NT 0
2001 Killebrew Gc.
�ls., MN 55420 M 1 1 .
j 12) 854-8800 o��e. F 6 5 1
' �,Mruqemenl ina Sa1a/Rentd
tt(AntrrrfJJ�)fe.enr/.um M rJ 4 1
�nd/w BJ - 3 s� AS � E
Aol. F
SAME AS B M75 64 1 2
o+^et F94 83 2 3
i. S AFF IkSTRUCT10N5:
i�b Mwany Trl+ning: All y.rsons eng�gea in Uiv falai/renW1 pl nal ProportY n�w to be inttructe0 P�iotlKNly Io IMUre IMi t�ey ne�Mare m.!kuuwu
x�bt�ol F�ir IIOW.nq�eVU��emenl4
Are�equl�r u�e�pmtu statl�neelinqt wnAucl�O} �vet.wBen! Month�y V❑v No.
1/yet.b FN�Houuny lr�imnq Drov�OM to lhe►ues/�enlal ata/l�t Ih�l meelinq! np�'�t: ❑No.
II yau�m�n�M°no"1m oither ol t�t O�sl�um In Ilem 9A,when if Fa�t MouNnq Ir�imno OroviOeO to t�e faNi/renbl at�f1}
� ��y��ppy ol 11�s imlruct�on►use0 w OroPOSCO lo Ce usrtl lor I�a�n�np►+im/�ant�l at�1f In FaG Nousinq attuned le U�y OUnT M Ves. ❑No: intlf
�a��.+nee;��o+rnn�on..�n ee wsm+��ee ATTA HMENT F
�Oo tbe inslrucUOm inclvtle�ntl relala loy.Iyuca1,sula antl Fetleul F�rr Movfini Lawa.tncluOieV EYeculirs Oraa 1]083.1ne Civll R�qnb Acl ol 196!
snO lAM AlfnmHrve MnYel�np Poin� M Ves. 0 NO:aaplNn.
�
�
�DDITIONAI CONS�DE RATIONS: •
�ner Cflorls: P�ene tlmcnDe otner eHOrtf you plan,as Yarl ol your oul�each proq��m,Iu attratt pCrson!m Inofa prou0f tnat you n+.e eev9nalre a�
ril 1�4l1y/0�ODIy 10�nNY11/19 tf1(hQ OIO�CGI YI�OlI Cu11f10/'Ii11011.IMt a�e nol tore/atl eltewhere fn tnn Plan. Ellprlf to alU�[l IemalancaocC
I�puyl1101tlf{I�OU111 b!llilplOylG.
ani3ationc which mav have information reo�djn
a i News.aper ad� will also be increased in freouencv if needed.
.
N. Tne som�uni ag�ees to ma�e anr cnangef m a nun cwe�ing a mun�lemdy vro�ect.wnrcn m�y raa�onoeW�e mau��ee.�her�m�w��eni•uv�o a�[��r aon•
�nueu comOii�nce w�t�Sr.cUOn:00.6:0 0l MVD'►Allnm�bre P�u liuuf�ng M�rkaUnV ReqWaUCns.
Agrees •
• S�GNA7 UH .UF PENSUN SUB 11NG JP�AfY �
FON FHEO'S USE ONLV 1.(Gi,✓iD![�fQ��//��c/j 3p,�J
� q{WNOVAI 6V: DiSAM'NOVAI BVe '
iGNATURC S1GNqlURE �
d W`'/_: � /1 NhMC(7)'pt or pnnU C� / �
(�Ll6A'M i �.7�,(� �.: ��Ti�
VAME(Tj•pe Or pnnlJ NAME(7)'pr wprinl/ � -`U�•�O��U.CSTKr f�t
�ji,e,!<7'0�2 G ' GI/FC4�f 1'%f�T.
� (A�IlLIqH r, lM1�7SEI'�FFLD TITICANUCO�MPANV
6 I11LC �IILL
� "���°Y E•o. SPEUnusr
�,�Y ., unTc
��1� ��,Fcpr -}�,ac.. �ATC DATE _ �
� io �la-s1 --- -- -- ----- �'t; ����t 1, 19s�]
�� °� � �»�v 4�G—yl�y�7 7 —.' ';: .:;:.=.., :,
�i l��r' • ' � .. . . .. , . . •
r
�y� 4
� "
'"ii�, �.a. _ - . . .ca4. k�h� _ '-Y�: .
� • "
� REYISCO . MNFA MANAGEMEt�T AGREEMENT �
� 1/16 "
1
� , THIS AGREEMENT is made this 25th day of January
� .19 82 , between Bor-Son Investment Proaerties •
(hereinafter referred to as the °Owner°) and Realty ►tanayement Services, Inc.
� (hereinafter referred to as the "Agent").
WITNESSE7H:
� In consideration of the terms, conditions and�corenants hereinafter set forth.
the Owner and Agent mutually agree as follows: ,
Section 101. Definitions.
� ' As used 1n this Agreemeqt:
101.1 "MHFA" shall mean the Minnesota Housing Finance Agency as established
� under the provisions of the Minnesota Housing Finance Agency Act. Minnesota Laws, 1971.
� Chapter 702, as amended.
101.2 °Development" shall mean the real property and the improvements, build-
� ings, appurtenances and equ9pment thereon, of the Owner known as �tedlev park Tcunhor.ies
. located in the City of Golden Vallev
� � , County of Henneain , State of Minnesota.
� and consisting of 30 dwelling units, 15 garage spaces to be rented and
� o comnercial or other non-dwelling spaces (MHFA Development No. �0-077 ).
� 101.3 "Non-Housing Income" shall mean all amounts actually collected by the
� Agent, other than as provided in Section 101.6, belaw, including (1) bending and laundry
machine income, (2) income received from rental of parking spaces, garage spaces and com-
� mercial space. •
• 101.4 "HUD" sha11 mean the U. S. Depart�nent of Housing and Urban Development.
� 101.5 "Lease" sha11 mean the form of agreement betareen the Owner and a Res9-
� dent under the terms of which said Resident is entitled to en3oy possession of a dwelling
unit.
• 101.6 "Rentp shall mean that nbnthly amount which a Res4dent is obligat¢d to
pay the Owner pursuant to the terms �f a Lease. other than Non-Housing Income.
101.7 aResident" sha11 mean a person occupying a dwelling unit in the Develop-
8 `_. ,,,};�:_' r�C.., .:�. •
ment pursuant to a Lease.
Section 201. Appointment of Agent. -
The Owner hereby appoints the Agent� and the Agent hereby accepts appointment.
on the terms and conditions hereinafter provided, as exclusive management agent of the
� Oevetopment.
_�� . � . �: .._ .
' - z -
Section 301. Reaulation by MHFA.
The Agent fully understands that the Owner is a limited-profit ent9ty or non-
� � ��profiL housing corporation receiving a mortgage loan from MHFA and is required to comply
with the Act and rules and regulations of MHFA. The Agent further fully understands
� that the operation of the Development is subject to a Regulatory Agreement (attached as
_ Exhibit "A"j between the Owner and MHFA and that approxi�tely 100 � of the
� � dwe119ng units in the Development will receive the benefit of subsidy payments under Sec-
tion 8 of the National Housing Act fran the United States Department of Housing
and Urban Develo�aent (HUD) pursuant to the attached agreement(s) (Exhibit "B"), among
the Qwner, MHFA, and HUO. In the performance of its duties hereunder, the Agent agrees
. to comply with the �provisions of the Act, the poticies, procedures. rules and regulations
of MHFA, the Regulatory Agreement, and the agreement(5) which will provide federal sub-
sidy assistance as set forth in Exhibit °B", all as amended from time to time and receipt
of which is hereby acknowledged by the Agent.
Sect9on 401. Confer with Owner and MHFA.
The Agent agrees to keep itself informed on the policies of MHFA and� notwith-
standing the authority given to the Agent in this Agreement, to confer fully and freely
with the Owner. Marketing Agent, and MHFA in the performance of its duties hereunder.
e Section 501. Meetings with Owner and Marketinq A9ent.
The Agent agrees to cause an afficer of the Agent to attend meetings with the
Owner and Marketing Agent at any time or times requested by the Owner, Marketing Agent
or MHFA. . .
Section 601. Personnel of Agent.
601.1 Employees of Agent.
On the basls of wage rates previously approved by the Owner and MHFA, the Agent
shall investigate, hire, pay, supervise, and discharge all managerial and non-managerial
personnel as follows:
Annual Annual '
' No. Position Title Pa� ry o11 Cost of Payroll Total
. 1 Manager (Part time) $4,6E0 5 796 g5,476
1 tAaintenance (Part time) �5,980 y1,016 5G,99G
Such personnel sha11 in every instance be in the employment of the Management
Agent. Compensation for the services of such employees (as evldenced by certtf�ed pay-
rolls) shall be constdered an operat3ng expense of the Development. 0 r'ent-free,
_ t�/A bedroom aparbnent(s) shall be provided for the sub3ect personnel. The Agent shall
� hire in 9ts own name, and have physically present at the Development, all managerial and
:_ q�.
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� non-managerial personnel necessary for the full and efficient performance of its duties
under this Agreem�nt, including the physical presence of responsible personnel at such
• � times as may reasonably be requested by the Owner. In any event. no less than _?
responsible managerial or non-managerial person(sj of the Agent shal�l.be physically pre-
sent at the Development not less than a hours {�r day. 5 days per week.
_ 601.2 Employment of Residents and Contractors.
To the greatest extent, opportunities for training and �nployment will be g9ven
to lower-income residents residing in the Development, and contracts for work in connec-
tion with the Development will be awarded to business concerns Nhich are located in or
owned.in substantial part by persons residing in the area of the, Development.
. Notwithstanding the above, these opportunities sha11 not compromise the quality
of maintenance and management services or the financial condition of the Development.
Section 701. Services of Agent.
701.1 Review of Architectural Plans and Specifications.
The Agent shall advise the Owner with respect to design and construction of the
Development throughout the planning and design period and at each stage of design (sche-
matic, preliminary, and final working drawings and specifications) and shall recortmend
such changes as deemed necessary based upon the experience of the Agent, particularly with
• regard to items which may reduce operating expenses and create a more maintenance-free De-
velopment. .
701.2 Services Prior to Construction.
Prior to the in4tial closing.and the init9ation of construction of the Develop-
ment, the Agent shall (i) furn4sh to the Owner and to MHFA, 9n a format acceptable to
MHFA, detailed estimates and supporting material regarding maintenance and operating ex-
penses for the Development; (ii) review the Pre-Comm9tmept Market9ng Plan (MHFA Form 216)
prepared by the Marketing Agent; and� (iii) prepare a uManagement Plan" for the Develop-
� ment, if requested by the Owner and MHFA, which "Plan" shall be subject to the review and
approval of the Owner and MHFA.
701.3 Services During Construction.
Prior to completion of construction and prlor to occupancy of the Development.
, . the Agent shall (i) furnish to the Owner and MHFA in a format acceptable to MHFA, and no
later than 60 days prior to occupancy of the Development, revised estimates of mainten-
ance and operating expenses accompanied by documentation 9n the form of bids. contracts
or comparables for any and all items so requested by MHFA; (ii) establish and maintain a
close working relationsh9p with the Marketing Agent; (iii) review the °Pre-Occupancy
OMarketing Plan" prepared by the Marketing Agent; (iv) retain such management and mainten-
ance personnel as necessary for the Devetopment n� later than 60 days prior to occupancy;
� • - � -
� (vj provide training opportunities for on-site manager�nt and maintenance personnel,
including attendance at conferences and seminars on housing management; (vi) establish
� � ' "Rules and Regulatlons" for the Development as requi�ed in the MHFA Lease (Section
� 111); (vi9) establ9sh a bookkeeping and accounting system in accordance with MHFA re-
quirements; (viii) provide for insurance coverage in accordance with MHFA requirements
� (refer to 701.9); (ix) secure all necessary equipment and supplies; (x) participate in
± � pre-cccupancy conferences and training sessions as required by MHFA; and (xi� provide
i
an accounting for all expenses to be paid from interim income in accordance with MHFA
standards and requirements for cost certification.
701.4 Structure and Warranties.
The Agent sha11 obtain from the Qwner a complete set of plans and specifica-
tions as approved by MHFA and copies of a1l,guaranties and warranties pertinent to
const�wction, fixtures, and equipment. With the aid of this information and inspection
by competent personnel, the Agent shall thoroughly familiarize itself with the char-
acter, location, construction, layout. plan, and operat9on of the Development and
especially of the electrical. heating, plumbing, air ccnditioning, and ventilating �
systems, and all other mechanical equipment.
701.5 Inspection of Development. •
The Agent shall participate in the final inspection(s) t� certify the readi-
� ness of the units for occupancy and shall (i) inform the Owner. the Architect, the Con-
tractor, and MHFA of all defects in material and workmanship discovered within the con-
struction warranty per9od; (ii) mon9tor the actlon taken by the Contractor to correct
the defects; and (iii) participate 9n any formal inspection held for the purpose of
identifying construction defects.
701.6 Inspection Prior to Occupancy.
Pr9or to occupancy of any unit by a fa�ily. the Owner or Agent and the family
shall inspect the unit and both shall certify on farms prescribed by MHFA, that they
have inspected the unit and have determined it to be decent, safe, and sanitary in accord-
ance with the cr9teria provided in the prescribed forms. Copies of these reports shall
be kept by the Ormer or Agent for at least three years.
701.7 Maintenance and Repairs.
_ - The Agent shall cause the buildings, appurtenances, equi�rent and grounds of
;
the Development to be maintained and repaired according to standards acceptable to the
^- Owner and MHFA.
�
701.8 Preventive Maintenance.
eThe Agent shall develop a prevent9ve maintenance schedule including. but not
. !�'�`�.",
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limited to. periodic inspections of the units; residency conmencement and termination
theck lists; inventory control; ca�nan area maintenance; equipment maintenance; exter-
� ' ' ior maintenance on a seasonal basis; and painting, decorating. and replac�nent time-
tables, as necessary. -
701.9 Property Insurance.
- I In accordance with 701.3 (viii)� the Agent shall obtain recomnendations for.
Iand cause to be placed in force. all forms of insurance needed to adequately protect
the Owner and the Development (or as required by law). including, Nhere appropriate,
pubtic liability lnsurance. boller insurance. fire and extended coverage insurance
and burglary and theft lnsurance. All of the various types of-insurance coverage re-
quired for the benefit of the Owner and the Development shall be placed with such
companies. in such amounts, and with such beneficial 9nterest appearing therein as
snall be acceptable to the Owner and MHFA.
The Agent shall promptly investigate and make a full written report to the
Owner and MHFA as to all accidents or claims for damage relating to the ownership,
operation, and maintenance of the Development. including any damage or destruction of �
the Development, the estimated cost of repair. and shall cooperate and make any and
.
all reports requi�ed by any insurance company 9n connection therewith.
0 701.10 Notice of Authority.
The Agent, in accordance with Minnesota Statutes 504.22. shall place in con-
spicuous place on the premises a notice that the Agent is authorized to manage the
premises and is authorized by the Owner to accept service of process and to receive
and give �eceipt for notices and demands.
701.11 Serv9ce Requests of Residents.
� The Agent shall ma9ntain business like relations with Residents whose ser-
vice requests sha11 be received, considered. and recorded on a systematic, written
� basis in order to. show the action taken with respect to each. Complaints of a serious
nature and a11 written campla9nts shall, after thornugh investigation, be reported to
pthe Ovmer with appropriate recomnendations. .
701.12 Inspection of Unit.
As part of a continuing.program to secure full performance by the Residents
. of a11-obligations and maintenance for which they are responsible, the Agent shall
make an annual inspection of all dwelting units and report its findings 9n writ9ng
to the Owner and the MHFA.
' 701.13 Revi� af Operations.
� ' The Agent shall perm9t MHFA to conduct on-site evaluations of the performance
of any or all management services Nhich the Agent has agreed to provlde as stipulated
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� in this Agreement, and the Management Plan. if required. M authorized representative
� of the Agent shall be available during on-site evaluations. MHFA will render to the
� Owner and Agent written reports based on such evaluations. The Agent sha11 correct
� any deficiencies noted in these evaluations within 30 days of the receipt of the re-
, port from MHFA. In the event such correction cannot be awde Nithin 30 days, the Agent
- �■■ shall provide MHFA with a Nritten plan for such correction, including a timetable of
� proposed actions.
701.14 Collect9ons and Delinquencies.
� The Agent shall collect and deposit in the account established pursuant to
Section 1001 hereof all rents and other charges due from Residents and all rents or
other payments due the Owner from users of garage spaces and from users or lessess of
other non-dwelling facilities in the Development. The Agent agrees. and the Owner
hereby authorizes the Agent. to request, demand, collect, receive. and give receipts
� for any and all charges or rents which may at any time be or become payable to the
� •
Owner. Rents and otder charges sha11 not be accepted in cash by the Agent. The Agent
i �
agrees to take such action, including legal action, with respect to delinquencies in `
payments due the Owner as the Owner may from time to time authorize. The Agent sha11
furnish the Owner an itemized list of a11 Residents with deltnquent accounts �+mnedia-
� � tely following the fifteenth day of each month.
� 701.15 Payments and Expenses.
Fram the funds collected and deposited in the account established pursuant
� to Section 1001 hereof, the Agent shall cause to be disbursed regularly and punctually
in accorda�ce with the provisions of the Regulat�ry Agreement in the order and prior-�
ity as set forth below:
(ij First, the fees of the Developments' Marketing Agent, as set forth,i�
the Marketing Agreement between the Owner And said Agent, and the fee
� of the Management Agent as provided in Section 1201 Delow, and then
� (ii) reimbursements for payroll expenses for services of Agent's employees
as provided in Section 601.1, above; and reimburs�nent for management-
related long d9stance telephone calls. as prov4ded in Section 1101.
below,
• - (iii) all of the real estate tax and insurance premium escrow payments re-
quired of the Owner. which payments shall be deemed to be part of the
poperating expenses" of the Development as the same are def9ned in
f �.
the Regulatory Agreement, and then, if applicable�
� �� (iv) all remittances due to HUD as required by the Housing Assistance Pay-
=f,
ments Contract, if applicable; and then
�:
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� . (v) all remain9ng operating expenses of the Development (which specifically
� exclude the Mortgage Loan Principal and Interest Payments); including
� a�ninistrative, maintenance, and util9ty expenses as set forth in Schedule
D of the MHFA Form 202 (Financial Malysis), or the current MHFA approved
operating budget. and then
_ (vi) all of the principal, interest and fees �equired to be paid to MHFA by
' the Mortgage Note and Mortgage, and then
(vi1) all amounts required to be deposited with MHFA or 1ts designated deposi-
tory in the Painting and Decorating and Replacement Cost Reserve Accounts,
a5 set forth in the Regulatory Agreement.
. With the,exception of payments provided for in (i), (ii), (iii), (iv). (v),
(vi), and (vii) of this paragraph, the Agent,shall not make any disbursement in excess
of $ 250 unless specifically authorized by the Owner and approved by
MHFA; provided that emergency repairs, involving manifest danger to life and property,
or immediately necessary for the preservation and safety of the Development, or for the
safety of the Residents. or required to avoid the suspension of any necessary services�
to the Development, may be made by the Agent without regard to the cost limitation im-
posed by this Paragraph with the understanding that the Agent, will, if at all possible,
• confer imnediately with the Owner regarding every such expenditure, and will submit the
request for the required tSFlFA approval promptly following the anergency. The Agent
shall not incur liabilities of the Owner (direct or contingent) which, in the aggregate
will exceed at any time $ 2500 , unless specifically authorized by the
Owner and approved by MHFA. In add9t9on, the Agent sha11 �ot 9ncur liabilities of the
Owner (direct or contingent) which require payment rtrore thas one year from the creatian
thereof, unless specifically authorized by the Owner and approved by MHFA.
� 7�?.16 Governmental Orders.
The Agent. shall take such action as may be necessary to comply promptly with
any and all orders or requirements affecting the Development placed thereon by any fed-
eral, state, county, or munlcipal authority having �urisdiction hereover. and orders
of the Board of Fire Underwriters or other similar bodies. The Agent shall not take
any action under this paragraph unless MHFA so directs so long as the Owner is contest-
.
ing or has affirmed its intention to contest any such order or requirement and promptly
-�..,
institutes proceedings contesting any such order or require�nent. The Agent shall
promptly, and in no event later than 48 hours from the time of their receipt. notify
the Owner and MIiFA in writ9ng of all such orders and not9ces of requirements.
�=�:-
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� 701.17 Utility Service and Purchases.
• � . Sub3ect to the approval of the Owner and in accordance with the rules and
regulations of MHFA� the Agent shall awke contracts for garbage and trash removal,
fuel. oil, extermination, snow removal. elevator ma9ntenance, and other necessary ser-
_ vices. Further, the Agent sha11 place orders for such equipraent, tools, apptiances,
� materials, and supplies es are necessary to maintain and repair the Development pro-
perly. When taking bids or 9ssuing purchase orders, the Agent shall act at all times
in the best intsrests of the Owner and shall be under a duty to secure for and credit
to the OMmer any discounts, cortmissions or rebates obta9nable as a result of such pur-
chases.
701.18 Records and Reports.
i. , The Agent shall establish and maintain a comprehensive system of
records, books, and accounts in a manner satlsfactory to the Owner
and MHFA. All records, books, and accounts wi11 be sub3ect to
exam9nation at reasonable hours by any authorized representative
of the Owner or MHFA.
ii. With respect to each fiscal year ending during the term of this ,
� Agreement, the Agent will have an annual financial report prepared
by a Certified Public Accountant based upon the preparer's examina-
tion of the books and records of the Owner and the Agent. The re-
port will be prepared in accordance with MHFA requirements� will
be certif9ed by the preparer and the Agent, and will be submitted
� tio the Owner within sixty (60) days after the end of the fiscal
y�ar, for the Owner's further certification and submission to MHFA.
Compensation for the preparer's services wi11 be considered an
operat9ng expense of the Devel.opment. ' .
iii. The Agent w31I prepare Monthl9 OPerating Reports which compares
actual and budgeted �ncome end expenses for the month and for the �
'year-to-date". The Agent wtll prepare a aanthly Aged Schedule of
i
1lccounta Receivable and Accounta Pagable. The Agent w�21 prepare
' a monthly Anelysfs of Secur�ty DePvsits and Monthly Cash Reconcilia-
tion, end w321 submit each statement to t6e Owner and the Xousin9
lfanagement D�v3ston of the MNFA w�thin fifteen (25) days after the
errd of the month covcred.
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iv. The Agent will furnish tuch information as may be requested by the
� Owner or MHFA fran t9rt�e to time with respect to the financial, physical,
� or operational condition of the Oevelopment.
� v. By the fifteenth (tStha day of each aronth, the Agent will furnish the
� Owner with an itemized list nf all rent delinquencies as of the tenth
- (lOth) day of the same month.
� vi. By the tenth (lOth) day of each manth. the Agent will furnish the Owner
and Lhe Housing Managanent Division of the MHFA with a Monthly Occupancy
� Report, in a format acceptable to the MHFA.
� a vii. For developments utilizing the Section 8 Housing Assistance Payment
- Program. the Agent snall submit to the MHFA, 9n a form acceptable to
� MHFA, a complete and accurate listing per dwelling unit of Section 8
- funds due the Development for all occupied units receiving Section 8
qHousing Assistance Payments, and also for all unoccupied units receiv-
� ing Section 8 Housing Assistance Payments. The orig9nal form covering
each month must be mailed within ten (10) days after the end of that
� month directly to the Housing Mana��nent Division of the MHFA.
vi9i. The Agent shall prepare. execute, and file for the Owner all forms, re-
� � ports, and returns required by law in connection with the employment of
� personnel. includ9ng unemployment insurance, workmen's compensation in-
� surance, disability benefits, social security. and other similar insur-
� ance benefits or taxes now in effect or hereafter imposed.
701.19 Operating Budget.
At least 60 days before the beg3nning of each new fiscal year Por the Develop-
ment, the Agent sha11 prepare and s�bmit to the Owner and MXFA an Operating Budget, 3n
such form as may be prescr�bed by MBFA, set*3ng forth an �temized state�nt of the anti-
cipated sece3pts and dtsburaements for the Development.
701.20 Assumption of Marketing Duties. - •
Upan expiration or termination of the Marketing Agreement (attached as ExhiDit
"C"). the Agent shall imnediately assume responsibility for all functions and services
of the Marketing Agent as set forth in the Agreement.
;_�T:.
- 701.21 Compliance of Residents.
�:.�- .
i. The Agent shalt at all times during the term of this Agreement operate
and maintain the Development according to the highest standards achiev-
able. The Agent shall secure full compliance by the Residents with the
terms and conditions of their respective Leases.
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ii. Voluntary compliance shall be emphasized, and the Agent shall counsel
� residents and make referrals to social service agencies in cases of
� financial hardship or under other circumstances deemed appropriate by
� the Agent, so that involuntary terminatlon of tenancies may be avoided
� to the maximum extent consistent w9th sound manag�nent of the Develop-
_ ment. The Agent will nnt, however. tolerate willful evasion of pay-
- � ment of rent.
9i9. The Agent may lawfully terminate any tenancy when. in the Agent's 3udg-
� a�ent. suffjcient cause occurs under the terms of the Resident's Lease.
� . Eviction for reasons other than nonpayment of rent will be on file with
the Owner.
� iv. The Agent is authorized to,consult with legal counsel designated by the
. Owner to bring actions for eviction and to execute notices to vacatr.
� and to ca�mence appropriate judicial proceedings; provided, however,
� that the Agent shall keep the Owner informed of such actions an�i shall
follow such instructions as the Owner and MHFA have prescribed.
� v. Subject to the OY+ner's approval, costs incurred in connection with such
actions shall be considered as operating expenses.
� 701.22 Recertification of Income.
The Agent shall Lake such steps as are required by MHFA to recertify incomes
of Residents receiving the benefits of federal subsidy payments.
Section 801. Other Acts.
Everything done by the Agent under the provisions of this Agreement shall be
done as Agent of the Owner, and all obl°gations or expenses incurred thereunder shall
be for the account of and on behalf of the Owner. Any payments to be made by the Agent
hereunder shall be made out of such sums as are available in the operating receipts and
� expense account established pursuant to Section 1001.1. The Agent shall not be obliged
to make any advance to. or for the account of, the Owner or to pay any sum, except but
of funds held or provided as aforesaid, nor shall the Agent be obliged to incur any
lisibility or obligation for the account of the Owner w9thout assurance that the neces-
sary funds for the discharge thereof w111 be provided.
�- Section 1001. Bank Accounts.
1001.1 Operating Receipts and Expense Acc�unt,
-� The Agent shall establish and maintain, in a bank whose deposits are insured
by the Federal Oeposit Insurance Corporation (FDIC) in Accordance with the provisions
'� � ��_;'
�;
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ar the Regulatory Agreement. a separate bank account as Agent of the Owner for the de-
posit of the aronies of the Owner. with authority to draw thereon for any payments to be
� � made by the Agent to discharge any liabilities or obligations of the Owner incurred in
accordance with this Agreement. This account shall be carried in the Agent's name and
shall be designated of record °(Name of Uevelopment) Operat9ng Receipts and Expense Ac-
count". The Agent shall also establish such other special bank accounts as may be re-
- quired by the Owner o� MHFA. S9gnatories entitled to rt�ke withdrawals from any and all
of these accounts shall be persons cove�ed by the Bond to be posted pursuant to this
Agreement.
1001.2 Security Deposit Account.
The Agent shall collect, deposit, and disburse Residents' security deposits
� in accordance w9th the terms of the respective Leases. Residents' security deposits
shall be deposited by the Agent in an interest bearing account, separate from a11 other
� accounts and funds. with a bank or other financial institution whflse deposits are in-
sured by the FOIC. The Agent shall be responsible for any loss incurred by the Develop-
� a►ent for its fa9lure to comply w9th refunding of security deposits with accrued inter-
� est to Residents as required in the Minnesota Laws. 1913, Chapter 561. This account
shall be carried in the Agent's name and shall be designated of record °(Name of De-
� velopment) Security Deposit Account". The Agent shall cause the amount of the Security
� Deposit Account to equal o� exceed at a11 times the aggregate of a11 outstanding obli-
� gations by the Owner with respect to security deposits.
� Section 1101. Office in Development.
The Owner sha21 furntsh the Agent w3th suitable offtce spece, ofFice furniture
� and equ3pment (P31e, typewr3ter, add�ng mach�ne, etc.) on the site of the Development
� and with electr�c�ty, heat, water, and janitorial serv�ce therein. The Agent shall be
responsib2e For a12 other on-go3ng on-s3te office expenses oat of tl:c3r management fee.
� 3'hese expeases tnc2ude, but are not limttad to postage, atationery, pboto copying, '
offtce supp2�es end staff refrashments. -
� Section 1201. Compensation of A9ent.
The sole compensata[on which the Agent sha11 be ent3tled to receive for a11
' ' �' ` `� services performed under th�s Agreement shall be a fee of �J/A Dollars
�
r�, per rented one-bedroom epartraent, 5200/Yr./D.U. _Dollars per rented two-bedroom
��s�*,,� ��.
apartJnent, _ $200/Yr'./D.U. Dollars per rented tliree-bedroam apartment,
�� 5200/Yr./D.U. Dollars per rented four-bedroom apartmentt 5°'.
�< percent of a22 rece�pts from non-hous3ng income (as def3ned �n 201.3)1 reimbursement
for payroll expenses as ptovided in Section 601.I, above� and reimbursement for manage-
�::;
a���;-�; �=
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� ment-releted long distance telephone ca11s, as provfded .in Sectton 1101, above, The
� Agent wi21 not receive compensat3on for any rented apartJnent where the rent has not
� been paid. Such fees sha21 be computed and paid month2y based upon the preceding
months pa�d rented apartments.
_ � All supervisory, bookJceeping-accounting, c2erical, along with a11 of the
� Agent's overhead e:penses (includ3ng but rrot 2�m3ted to costs of off3ce supp2ies,
photo copying, the f3delity bond, staff [reinfng, postage, stattonery, transportat�on,
� and telephone expenses, other than management-related long distance calls), wil2 be
borne by the Agent out of 3ts awn funds and will not be treated as an operating ex-
, � pense of the Deve2op�nt.
� Section 1301. Non-Discrimination. .
1301.1 In the performance of its obligations under this Agreement. the
� Agent will comply with the provisions of any federal, state, or locat law prohibiting
discrimination in housing on the grounds of race, color, sex, creed or national origin,
� including Title VI of the C4vi1 Rights Act of 1964 (Public Law 88-352, 78 Stat. 241), •
atl requirements imposed by or pursuant to the Regulations of HUD (24 CFR, Su�title A.
� Part 1) issued pursuant to that Title: regulations issued pursuant to Executive Order �
� � 11063. and Title VIII of the 1968 Civil Rights Act.
This Agreement may be terminated or suspended. in whole or in part. by the
� Owner or MHFA upon the basis of a finding by the Owner or MHFA that the Agent has not
� complied with non-discrimination provisions.
1301.2 The Agent shall comply with the MHFA-approved "Affirniative Fair Hous- •
� ing Marketing Plan" for the Development (attached as Exhibit "D"), and shall utilize
such measures as may be required•by the Owner or MHFA to encourage affirmatively the
� occupancy of res9dential units by members of minority groups.
� 1301.3 The Agent sha11"comply with�the "Resident Selection Plan" for the De-
velopment (attached as Exhibit E ) .
� Section 1401. Fidelity Bond.
The Agert shall furn9sh, at its own expense. a fidelity bond for E 3,�00
to protect the Owner and MHFA against misapplication of
� funds of the Development, by the Agent and its employees. The terms and conditions
of the bond. and the surety thereon, shall also be subject to the approval of the Owner
and MHFA, and sha11 be in an amount not less than two times the totat of the following:
` 1.) The maximum possible monthly rent collections based on 100X occupancy; and,
'�'.
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2.) Non-Housing Income as defined in Section 101.3; and,
� p. 3.) The maximum possible funds being held as security deposits based on 100%
occupancy.
� Section 1501. Exp9ration and Termination.
_ � 1501.1 Expiration.
_ U�less sooner cancelled pursuant to paragraphs 1501.2, 1501.3, 1501.4, or
� 1501.5 of this Sectlon, this Agreement sha11 be in effect from the date of execution
� hereof until December 31, 1933 . Execution shall not be deemed complete
unless and until this Agreement has been approved in ariting by MHFA.
� , 1501.2 Termination by Mutual Consent.
This Agre�nent may be terminated by the mutual written consent of the Owner
� •and the Agent only with the prior written cpnsent of MNFA.
� 1501.3 Termination by Owner for Cause.
In the event that the Agent shall fail to perform any of its duties here-
under or comply with any of the provisions hereof, the Owner may terminate thds Agree-
ment for cause upon Owner's 30 days written notice to the Agent. Termination of this
Agreement by Owner for cause must have prior written approval of MHFA.
1501.4 Termination Because of Bankruptcy. ,
eIn the event that a petition in bankruptcy is filed by or against either the
� Owner or the Agent, or in ihe event that either shall make as assignment for the bene-
fit of creditors to take advantage of any insolvency act, either party hereto may im-
� mediately terminate this Agreement w9thout notice, but prompt advice of such action
shall be given to the other• party and to MHFA.
1501.5 Termination by MHFA.
It is expressly understood and agreed by and between the Owner and the Agent
that the MHFA shall have�the right to terminate this Agreement, with or without cause�
on 10 days' written notice to the Owner and the Agent; except that in the event of a
default by the Owner under its mortgage to the MHFA oP the Regulatory Agreement� MHFA
shall have the r9ght to terminate this Agreement imnediately without notice, but prompt
adv9ce of such action sha11 be given to the Owner and the Agent. It is further under-
� stood and agreed that no liability shall attach to MHFA in the event of termination of
this A�reement pursuant to this paragraph. ,
� '. � ` �
- 1501.6 Accounting Upon Termination.
,� Within 10 days' after the termination of this Agreanent� the Owmer and Agent
�t�pT. shall account to each other with respect to all matters outstanding as of the date of
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�<_
� .� .
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tcr.nanation. the Owner shall furnish the Agent security against any outstanding obl.9ga-
� tions or liabilit9es which the Agent may have incurred hereunder, and the Agent sha11
• turn over to the Owne� all records. documents or other 9nstruments, Maiting 19sts, and
� any and all other files and papers in its possession pertaining to the Agent's perfor-
mance under this Agreement.
- Section 1601. Assi9nments.
Th9s Agreement shall inure to the benefit of and constitute a binding obliga-
� tion upon the Owner and Agent� and their respective successors and assigns. provided
that the Agent cannot assign this Agreement or any of its duties hereunder without the
� pripr written consent of the Owner and MHFA. �
- Section 1701. Amendment.
� This Agreement constitutes the entire Agreement between the Owner and the
� Agent, and no amendment or modification thereof shall be valid and enforceable except
by supplemental agreement in writing, executed, and approved in the same manner as
� this Agreement.
Section 1801. Execution of Counterparts.
For the convenience of the parties, this Agreement has been executed in
• counterpart copies, which are in all respects similar and each of which shall be
• deemed to be complete in itself so that any one may be introduced 9n ev9dence or
� used for any other purpose without the production of the other counterparts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
� day and year f9rst above written. .
� WITNESS• Bor-Son Investment Pro erties
� (Owner
� ,� �
,,.t�r � � By:
, ,, Thor�as H, lleber
Title:
Realty I na ement Services, Inc.
1� . � ' ��
� , `��_
By� "�aTd-E. R'immer
T9tle: President
�
The Minnesota liousing Finance Agency hereby epproves and consents to
the foregoing Management Agreement and the Agent appointed therein.
By:
;;�, Da te: Ti tl e:
,��id:`
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- RE�I�ED . -
••-7J16 MNFA MARKETING AGREEMENT
• THIS AGREEMENT is made this 25th day of January
• 19 82 . between • Bar-Son Investment Properties �
(the Owner)
and Realty Management Services, Inc. (the Agent).
In considerat9on of the ternis, conditions and covenants hereinafter set forth,
the Owner and Agent mutually agree as follows:
Section 101. Definit9ons. �
As used in this Agreement .
� 101.1 "MHFA" shall mean the Minnesota Housing Finance P,gency as established
I� under the provisions of the Minnesota Housing Finance Agency Act, Minnesota Laws, 1g71, -
Chapt�r 702. as amended.
° 101.2 "Development" shall mean the real prcperty and the improvements, build-
ings, appurtenances and equipment thereon. of the Owner known as __Medlev Park Townhomes
' (MHFA � 80-077 ), located in the City of
� Golden Va11ev Co�nty of Hennepin �
State of Minnesota, and consisting of 30 dwe119ng units. �5 garage_
� spaces to be rented, and 0 square feet of conmerc9al area. '
101.3 "Lease" shall mean the form af agreement between the Owner and � Resi- •
� � dent under the terms of which said Resident is entitled to en�oy possession of a dwelling
� unit. . .
101.4 "Rent" shall mean that monthly amount which a Resident is obligated to
pay the Owner pursuant to the terms of a Lease.
�� �
. 101.5 "Resident" sha11 mean a E�rson occupying a dwelling unit in the Develop-
� ment pursuant.to a Lease. � _ �
• Section 201. �pointment of Aaent. The Owner hereby appoints the Agent, and
� the Agent hereby accepts appointment, on the terms and cond9tions hereinafter pravided,
as exclusive marketing agent for the Development. �
� . ' . � . .
Section 301. Regulation by MHFA. The Agent fu11y understands that the Owner .
� is a limited-profit ar non-profit hausing entity receiving a mortgage loan from the MHFA,
and is required to comp1y with the Act and rules and regulations of the MHFA. The Agent
� • further fully understands that the operation of the Development is sub3ect to a Regula-
tory Agreement (attachect as.Exhibit °A") and that approximately � 100 � of the
dwelling units in the Development will recieve the benefit of subsidy
payments under Section 8 of the National Housing Act from the United States
Department of Housing and Urban Development pursuant to the attached agreement(s) (Exhibit
°B") among the Owner. MHFA and the United States Department of Housing and Urban Develop-
ment (HUD). I� the performance of 1ts duties hereunder, the Agent agrees to become con-
�
.
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versant with and comply with the provisions of the Act. the policies, procedures, rules
. and regulations of the MHFA. the Regulatory Agreement, and the agreement(s) Which will
provide federal subsidy assistance as set forth in Exhibit "B°, all as amended f�om time �
to time and receipt of which 1s hereby acknowledged by the Agent. •
Section 401. Confer with Owner, MHFA and Management Agent. The Agent agrees
to keep itself informed on the policies of the MHFA, and. notwithstanding the authority
given to the Agent in thls Agreement, to confer fully and freely with the Owner. the
MHFA, and the Management Agent in the performance of its duties hereunder.
Section 501. Meetinas with Owner and Manaaement Agent. The Agent agrees to
cause an off9cer of the Agent to attend meetings w9th the Qwner and Management Agent at
any time or t9mes ceguested by the Owner, Management Agent, or MHFA.
Section 601. Owner and MHFA Aparbval. The Agent agrees that matters relating
to the marketing of the Development, including but aot iimited to (a) advertising, (b) .
promotion, and (c) staffing. are sub3ect to. prior review and approval of the Owner; and . �
at the option of the MHFA, to the prior review and approval of the MHFA.
Section 701. General Functions of A9ent. The general functions of the Agent -
sha11 include: ' �
� 701.1 Preparation and implementation of the Marketing•Plans, including a • .
Res9dent Selection P1an, and an Affirmative Marketing Plan in a form and manner accept-
able to the Owner and h1HFA. which plans are attached as Exhibits "C" and "D". and made
a part hereof. .
.. .� . .
� 701.2 Part9cipation in pre-occupancy conferences and training sessions on
MHFA requirements with the MHFA. ,
707.3 Participation in final construction inspections and acceptance of dwell- •
ings by Owner. :
701.4 Processing of init9al applications for rentals; selection of and secur-
ing executed leases by initial Residents, including collection of the Security Deposit �
and, in some cases, the rent for the first month of nccupancy; inspection of dwell�ng
, .
units prior to initial occupancy; coord9nat3on of,move-ins; and orientation of the in- �
9tia1 Residents. • • •
• , The Market9ng Agent shall closely coordinate its activities wlth the
Management Agent. . ' ��
Section 801. Rentals.
801.1 The Agent shall use its best efforts to cause the dwelling un�ts to be
• �:= promptly rented to the initial Res9dents of the Development� and if appropriate and so �
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. �
. agreed, shall similarly lease parking spaces. commercial areas, and other facilities
and concessions in the Development. In the event that Residents who enter the De-
� velopment under leases prepared Dy the Agent shoutd, during the term of this Agree-
ment, for any reason vacate the leased premises prior to the end of their in9tial
- � lease term. Agent shall �e-lease sald premises 1n accordance Mith the provisions of
Sect9on 1801.2 below. �
� 801.2 The Agent shall h9re in 9ts own name and have physically present,at
� the Oevelopment, all marketing personnet necessary for the full and efficient perfor-
mance of its duties under this Agreement, including the physical presence of a re-
I � sponsible person at such t9me as rt�y reasonably be requested by the Owner and MHFI�c
In any event not ,less than � responsible marketing person(s) of the Agerit �
� shall be physically present at the Development not less than 4 hours per �•
� day �_days per Neek. Compensation for the services of such personnel sha1.1 _ .
tie the responsib9lity of the Agent with the reimbursement therefor as provided 9n
� Section 1601 belaw. �::���
801.3 The Agent shall determine rent levels in accordance with MHFA and%T .
� Federal guidelines and standards. • .`
� • 801.4 The Agent agrees to pro-rate the first month's-rent collected�from
ethe Resident should the Resident move-in on any other day than the lst of the month.
� - 801.5 The Agent shall not make rent concessions unless the eoncessions are
specifically authorized�by the Owner and MHFA. � ��� �{'=
�`' ' Section 901. Res9dent Selection Policy. .
� � 901.1 The Agent shall show the premises to prospective Res9dents and shall
follow the Resident Select9on Pol9cies of the MHFA.
� 901.2 Admtssion to the Development shall�be limited to persons whose in-�
comes do not exceed the limits prescribed by MHFA, with the exception of those per-
sons not sub�ect to 9�ncome lim9ts, in accordance with the MHFA.approved "Resident . �
� Selection Plan" (as set forth in Exhib9t "C"). , � . �
901.3 Except for occupancy limits due to the size of the apartinent or design
of the DeVelopment or for dwellings designed for elderly persons, occupancy sha11 no�t
� be restricted on the basis of children. �'�
Section 1001. Avvlications. The Agent shall receive and process applica=�
� tions for occupancy. If an application is re�ected, the applicant sha11• be notified
�
in writing of the reason for re3ection (and shall have the right to review the de-
�.; .
z-. =: cision with a representative of the Qwner. other than the Agent). The application �
_ (with the reason for re3ection noted thereon) shall he kept on file for a period of
' ' not less than three years. The Agent shall maintain a current list of prospective
�, ►
�.�, �
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Residents. .
• Section 1101. Lease Forms. �
• 1101.1 The Agent shall complete for execution by initial Residents during
the term of this Agreement (and for any replacement Residents as prov4ded in Section •
1801.2 herein) all leases for dwelling units (and, if appropriate. leases for cmnmer-
cial facilitles, park9ng spaces, and licenses or other agreements with concess9onaires)
on forms approved by MHFA, and sha11, at the option of the Owner. e9ther execute such
documents in its name, identified as Agent of the Owner, or forward the leases to the
Owner for execut9on by the Owner.
1101.2 The Agent sha11 see tha: all initial Residents are informed with re-
� spec't to such rules, regulat4ons� and notices as may be pronwlgated by the Owner or
Management Agent.
1101.3 The Agent sha11 lease dwelling an9ts for the term of one (1) year.
unless specificatly authorized to do otherwise by the Owner and MHFA.
� Section 1201. Rent Schedules. .
� 1201.1 The Owner shall furnish the Agent dur9ng the term of this Agreement • •
with rent schedules, showing market rents and, if applicable, Section 8 rents for
dwelling units, and other charges for facilities and services. _ •
� 1201.2 The Agent sha11 advise all prospective Residents regarding eligibility �
(pursuant to MHFA and Federal criteria) for rents tess than market rents.
. �
• 1201.3 The Agent shell prepare and verify eligibil9ty certifications (and
L� recertifications which occur during the term of this Agreement) on the basis specified
by MHFA. The Agent shall obtain w►•itten evidence substantiating 9nformation given on
, Residents' certifications of income. Such information sl�all be retained by Agent and
� delivered to Owner at the expiration of the term of this Agreement.
1201.4 If applicable, the Agent sha11 negotiate continercial leases and con-
�i cession agreements, and shall execute the same in its name, identified thereon as
Agent for the Owner. �
Section'1301. Rent and SecuritY Oeposit Collection. '
i '
1301.1 The Agent shall collect seeurity deposits and the first month': rent
� ` from initial Residents. Deposits and rent shall not be accepted 1n cash by the Agent.
Thereafter, the Managernent Agent will be responsible for.all rent collections and lease
� enforcement in accordance Nith the Terms of the Developments' Management Agreement
affized hereto as Exhibit "E". �
� 1301.2 Such receipts shalt be forwarded forthwith by the Agent to the Man-
agement Agent for recording end deposit.
.::sa'.. . '
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Section 1401. Fidelit.v Bond.
• 1401.1 The Agent shall furnish, at its own expense, a fidelity bond for
a 3800 to protect the Owner and MHFA against misapplication of
funds of the �velopment by the Agent and its employees. The,terms and conditions
- of the bond. and the surety thereon, sha11 also be sub�ect to the approval of the
Owner and MHFA. •
Section 1501. Reports and Forms. The Agent agr2es to prepare and submit
� in a manner satisfactory to the Owner and the MHFA all forms and reports required
� by the Owner and the MHFA. These reports and forms will include� but are not
limited to, the following: (1) monthly marketing and .affirmative marketing report,
� (�) a monthly statement outlining the expenditures in the previous nronth on the
items of expense set forth in Section 1601.2, below, and (3) submission on a monthly
� �.basis of all Agent approved applications and related documents to the MHFA far review
in accordance with the Regulatory Agreement. The Agent agrees that representatives
r� of the Oamer and the MHFA shall have full and free access during working hours and
� on reasonable notice, to all of Agent's relevant records and books relating to the
Development. •
� � � Section 1601. Expenses and Payment. _ ,
� 1601.2 The Agent sha11 pay for the costs of its supervisory personneZ and
a12 expenses inc3dental to Lhe operation of the renta2 office, 3nc2uding postage for
� �f rout,ine arail3ags, non-market3ng related telephone expenses, office supp2ies and
stationerys save and except For heat, electric�ty, weter, sewer and ma3ntenance
� (wh3ch costs w312 be borne by the Owner). It �s expresslg agreed that the fee pro-
� v�ded 3a Sect3on 1801.1 hereof sha11 bo deemed to inc2ude fa11 compensat�on for the
expenses provided �n th3s Sect,ion 1601.1.
� 1601.2 In eccordance with the approved Marlceting P2an, fnclading the mar-
ket�ng budget, the Agent agrees to arzange for and pay a11 costs of (aJ on-sfte sales
� personnel, (b) credit reports, (e) graphics and signs, (d) pub2ic relatsons and news-
I
letters, (e) the des�gn and furn�sh3ng of model apartments and the rental office,
� (f) bsochures and pr�(nted materials, (g) advert�ts3ng, and (h) postage on such mass
mailings as the Owner shaI1 aathortze. '
1b01.3 Owner agrees to re�mburse Agent for a21 e�rpnnditvres set forth 3n
Sect�on 2601.2 above, on a tnonthly basis, to the extant of the agrr�ad budgeted
emounts for eaeh expense eategory, provided a11 such exprrnd�tures are made in ac-
cordence w3th th�ts Agreemeat. Agent wt11 consn2t with the O�mer and MNFA regard.tng
the tal+ning of such expenditures. �
i
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� ' • _ 6 •. .
Section 1701. Office in Develapment. The Owner shall furnish the Agent with
• � e suitable office and, if required by the attached Marketfng Plan. model space on the
� site of the Devetopment. ;: .�
Section 1801. Comaensat9on. .
r 1801.1 The s�le campensatien which the Agent shatl be entitled to receive for
_ all services psrformr.d under this Aqre�nent (in addit9on to reimbu�sements as provided
in Section 1601, above) shall be a fee of = 100/D.U. per market rate
� (unsubsidized) apartment rented and �_ 100/D.U. per subs9dized (federally-
assisted) apartn�nt rented during the tetm of this Agreement. These fees shall be due
� and payable only in the event and only upon the execution of an approved lease by an e1i-
� gibl� Resident and the recelpt of the security deposit and the rental payment due the
Owner at the inceptlon of occupancy. Such fees shall be payable at the end of each month
� on the basis of fees earned during that month; pro�ided, however, that up to 20% of the
total fee anticipated for the development may be advanced to the Agent when the marketing
� campaign is formally initiated (subject to approval by the MHFA). Fees earned prior t�
the date of termination, as provided in Section 2001, below, shall be payable at the end
� of the month following the date of termination. � ;
� � ' It 9s expressly agreed by the Agent not to solicit or receive`directly
or indirectly any comnission, bonus, gratuity, fee or any other payment from.any person
� interested in the filing of an application or in the obtaining of a lease for property
� in the Qevelopment.
j 1801.2 The Agent is responsible for selecting acceptable Residents who will
� fulfill their lease requirements. In the event that any.Resident whom the Agent sha11
place in the Development pursuant to this Agreement, shall� during the term of the Agree-
� ment, terminate, abandon, or otherwise v�cate the leas.ed premises prior to the expiration
� of the initial term of said Resident's tease, Agent agrees, for no additional fee or
compensation, to re-lease said apartment to an eligible Res9dent.
� � Section 1901. Non-Discrimination. In the performance of its obligations un-
.
der this Aqreement, the.Agent will camply 'with the provisions of any federal, state br '
local 1aw prohibiting dlscrim9nation in housin� on the grounds of race, color, sex, � •
• .
creed or national origin, including Title VI of the Civil Rights Act of 1964 (Public
.
LeW �8-352, 78 Stat. 241). all requirements imposed by or.pursuant to�the Regulations
� of the Secretary of HUD (24 CFR, Subtitle A, �Part 1) issued pursuant to that Title;
regulations issued pursuant to Execut9ve Order 11063� and Title VIII of the 1968 Civil
Rights Act. � � �
' � ( < 1 � L_� l � t � l � [ � l � Ll1�� l �� 171 � 1_! , . . �
' . . - � - � •
1901.1 This Agreement may be terminated or suspended. in whole or in part,
e � by the Owner or MHFA upon the basis of a finding by the Owner or MHFA that the Agent
t�s not complied with this non-discrimination provision. . �
Section 2001. Term of Aaree�nent and Conditions for Termination.
- 2001.1 Unless sooner terminated as herein provided, this Agreement sha11 be
in effect from the date set forth above until 95� occupancy has been achieved, as deter-
mined in the Owner's sole discretion. However, this Agreement shall not be deemed
binding on the parties until approved in writ9ng by NpiFA.
2001.2 This Agreement may be terminated by the Owner for cause upon Owner's
30 days written notice to the Agent. Termination of this Agreement by Owner for cause
must�'have prior written approval of MHFA.
� 2001.3 In the event Owner is in default under the Regulatory Agreement or
Mortgagr., this Agreement may also be terminated by MHFA effective upon the mailing of
not9ce thercof to the Owner and Agent.
In the event the Owner is not 9n default under the Regulatory kgree-
ment or Mortgage, this Agreement may also be terminated by MHFA for 3ust cause, as •�
determined by MHFA, on ten days wr9tten notice to the Owner and the Agent. � . �
Q • MHFA shall not be sub3ect to liabil9ty for any loss, expense,-or
damage caused by termination by 1t of this Agreement. - .
2001.4 Upon ten��ination of the Agreement for any reason, the Agent shall:
.(i) remit to the Management Agent (or if the Agent and Development Management Agent
��are one and the same, to the Owner) within twenty-four hours after such termination,
a11 monies due the Ovmer; and (iij sul�nit to the Oamer any financial statements and
market9ng records required by the Owner. ;
After the Parties have accounted to each other with respect to all
matters outstand9ng as of the date of termination, the Owner�shall furn3sh the Agent
Mith adequate assurance of payment of any outstanding obligat9ons or liabilities .
which the Agent may properly have incurred on behalf of the Owner. � �
Section 2101. Assignments. This Agreement shall inure to the benefit of . '
and constitute a binding obligat9on upan the Qwner and Agent, �nd their respective
� �
� successors and assigns; �provided that the Agent cannot assign this Agreement or any �
of its duties hereunder without Lhe prior written consent of the Owner and the MHFA.
`$'� Section 2201. Amendment. This Amendment constitutes that entire Agreement
- _--
_ � between the Owner and the Agent. and no amendment or rtroclif9cation thereof sha11 be
.� ._ `�
3
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• � '" ' - 8 - •
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valid and enforceable except by supplemental agreement in �iting, executed and
� approved in the same manner as this Agreement.
� Section 2301. Execution of Counterparts. For the convenience of the
' Parties, this Agreement has been executed in counterpart copies; ahich are in
_ all respects simita� and each of Nhich shalt be deemed to be canplete in itself
" so that any one may�be introduced in evidence or used for any other purpose with-
out the production of the other counterparts. �
Section 2401. Liability of A9ent. Everything done by the Agent under
the provis4ons of th9s Agreement sha11 be done as Agent of the Owner, and all ob-
, � tigations or expenses incurred thereunder shall be for the account, on behalf and
- at_the expense of the Oamer, provided that the Owner sha11 not be obligated to pay
� the costs incidental to �the operation of the rental office except as provided in
� _Section 1601.2 or any other costs to the extent that they exceed those described
in the marketing plan budget unless that budget has been amended by the MHFA and .
� the Owner in writing. .
' � , IN WITNE55 WHEREOF, the parties hereto have executed this Agreem.�nt the
day and year first above written. _ . •
� � WITNESS: "
� Bor-Son Investment•Properties
' Owner
�r ..
By:
' omas . e er
• Tit1e:
. �, Realty anagement Services, Inc.
' Kgent
� ' By:
- era immer �
� . . Title: President _
The Minnesota Housing Finance Agency hereby approves and,tonsents to the
� foregoing Marketing Agreement and the Agent appointed therein.
. MINNESOTA HOUSING FINANCE AGENCY
. By; .
� Date: . Title: �