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Agenda - Council Work Session - 03/24/2009
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Agenda - Council Work Session - 03/24/2009
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3/18/2025 3:56:23 PM
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3/19/2009 12:14:25 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
03/24/2009
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<br />As an example, and not by way of limitation, such costs and expenses shall include postage, <br />delivery charges, long distance telephone 'calls ,and mileage diIectly related to the management <br />and operation of the Property. <br /> <br />2.12. Taxes; Morti'a~es. Manager shall, if so requested, obtain and verify bills for real <br />estate and personal property taxes, improvement assessments and other like charges which are <br />or may become liens against each Property and recommend payment or appeal as Owner in its <br />best judgment may determine. In the event Owner elects to, make payments for such taxes, <br />assessments or charges directly, Manager shall forward such bills to Owner for payment by <br />Owner in such t:i.:r.rle to permit Owner to avoid penalty for late payment or to permit Owner to <br />take advantage of available discounts, if any. Manager shall not make any payment on account <br />of any ground lease, mortgage, deed of trust or other security instrument, if any, affecting any <br />Property unless specifically authorized to do so by Owner in writing. <br /> <br />2.13. J.?:ropert,y Maintenanc~ Records. Manager shall keep full and detailed records <br />covering the maintenance and management of the Premises. Said records shall be the property <br />or Owner. Owner and Owner's accountants at all times shall have access to such records as well <br />as to all other books and records of Manager in connection with, the maintenance and <br />management of the Premises. Owner shall endeavor in good' faith to provide Manager. <br />reasonable advance notice of Owner's intent to inspect or review any such records. <br /> <br />2.14. Compliance With Laws. Both Owner and Manager shall, in good faith seek to <br />comply with all statutes, ordinances, orders, rules, regulations and other laws of federal, state, <br />county and municipal authorities (collectively, "Applicable Laws") in good faith seek to and <br />with any direction of any public officer or officers acting pursuant to law" relating to each <br />Property. If either party receiv~s notice of any violation of any Applicable Laws, such party <br />shall provide timely written notice of such violation to the other party. <br /> <br />ARTICLE m. <br /> <br />INDEMNIFICATION; INSURANCE <br /> <br />3.1. Mana~er's InsUrance. Manager shall secure and maintain worker's <br />compensation insurance with respect to all employees of Manager, as req~ed under state law, <br />Manager shall furnish to Owner satisfactory evidence of' the foregoing ~ insurartce to Owner <br />upon request. <br /> <br />3.2. Qym~r~ Insurance. With respect to each Property, Owner will maintain and <br />'keep in force, fire and extended coverage insurance and, if applicable, boiler and machinery <br />insurance, on a replacement cost, basis. Owner, at its own expense, shall also obtain and keep in <br />force comprehensive general liability insUrance insuring against loss, damage or injury to.' <br />property or persons which might arise out of the occupancy, management, operation, leasing or <br />maintenance of each Property, with reasonable liability limits as shall be negotiated between <br /> <br />.4~ <br /> <br />-15- <br />
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