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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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Last modified
3/18/2025 3:56:23 PM
Creation date
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 />4.3. Extraordinary Service~. If Manager is requested or required to perform <br />extraordinary services not customarily a part or the usual services performed by managers of <br />similar properties, it is agreed by the parties hereto that Manager shall receive additional <br />compensation therefor in an equitable amount to be agreed upon between parties in good faith. <br />Such extraordinary services would include, without limitation, assisting in the refinancing of <br />Property and providing construction design or space plarming services. If the parties cannot <br />agree on the amount of such additional compensation, said matter shall be submitted to binding <br />arbitration in accordance with the rules of the Am.erican Arbitra,tion Association. <br /> <br />4.4. Compensation Review. It is the intention of both Owner and Manager that <br />Manager receive fair and reasonable compensation for the performance or its management <br />duties specified herein. Accordingly, Owner and Manager agree to review the schedule of <br />compensation of Manager set forth on Exhibit B hereto upon written request of either party, <br />given by either party not more often than once every two (2) calendar years during the term. <br />hereof. If applicable, Owner and Manager agree to negotiate in good faith a revised <br />compensation schedule in the event that the compensation paid to Manager by Owner <br />hereunder either materially exceeds or is materially less than compensation currently being <br />paid to other property managers of similar reputation and quality ror similar services within the <br />geographical area in which Property is located. If Owner and. Manager cannot reasonably agree <br />on a revised compensation schedule within thirty (30) days after written notice of request for <br />such compensation review by either party, any remaining disputes shall be settled by <br />arbitration in acco:rdance with the rules established by the American Arbitration Association. <br />Such arbitration shall be held within the city in which the Property in question is located. <br /> <br />:" <br /> <br />ARTICLE V. <br /> <br />TERM <br /> <br />5.1. Term. This Agreement shall C;ommence on the let day of December, 2005 and <br />shall continue in full force and effect.on a month to month basis thereafter, until the same shall <br />have been terminated in accordance with the provisions of this Article V. <br /> <br />(a) a final accounting, reflecting the balance of income and expense,s on each such <br />Property as of the date of termination or withdrawal to be delivered within thirty (30) < <br />days after such termination or withdrawal; <br /> <br />.6- <br /> <br />-17- <br />
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