1981-083-Authorizing Agreement Between Town Of Los Gatos And Villa Vasona, LTDRESOLUTION NO. 1981 -83
A RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF LOS GATOS AND VILLA VASONA, LTD.
RESOLVED, by the Town Council of the Town of Los Gatos, County
of Santa Clara, State of California, that the TOWN OF LOS GATOS enter
into that agreement entitled "AGREEMENT FOR DISPOSITION OF PROPERTY"
with VILLA VASONA, LTD., a copy of which is attached hereto; and
BE IT FURTHER RESOLVED that the Mayor is authorized and he is
hereby directed to execute said agreement in the name and in behalf of
the Town of Los Gatos.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos
at a regular meeting held this 6th day of April. ,
1981, by the following vote:
AYES: COUNCIL MEMBERS Peter W. Siemens,
Brent N. Ventura and Thomas J. Ferrito
NOES: COUNCIL MEMBERS Ruth Cannon, and
Marlyn J. Rasmussen
ABSENT: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
SIGNED:
q4AYOR OF THE TO LOS GATOS
ATTEST: gc
CLERK OF THE TOWN LOS GAT
f
,i o u
A �
AGREEMENT FOR DISPOSITION OF PROPERTY
BY THIS AGREEMENT, made and entered into this
_6th day of APRIL , 1981, by and between
VILLA VASONA, LTD., a California limited partnership
( "Developer "), and the TOWN OF LOS GATOS ( "Town "), it is
recited and agreed as follows:
RECITALS
A. Town has previously issued a Request for
Proposal (the "Request ") for development of low and moderate
income housing, on Parcel 406 -28 -01 and a portion of Parcel
406 -28 -09 (the "Site "), pursuant to the Town's Housing and
Community Development Landbanking Program. The Request was
initially issued on May 30, 1980, and subsequently amended
on June 18, 1980 ( "Addendum #1 "), and June 30, 1980
( "Addendum #2 ").
B. In response to the Request, Jack W. Sheehan
individually and /or Jack W. Sheehan, Inc., and E. M. Schaffran
and Co., who are now forming Developer, submitted a Proposal
for Villa Vasona (the "Proposal ") to the Town on July 25, 1980.
The Proposal set forth the details of Developer's plans for
a 115 -unit residential community for the elderly and nonelderly,
subsidized under Section 8 of the U. S. Housing Act of 1937,
as amended by the Housing and Community Development Act of
1974, and subsequent acts.
C. On August 7, 1980, by resolution of the Los Gatos
Town Council, Town accepted the Proposal for the construction
of Villa Vasona (the "Project ").
D. The Town is attempting to acquire Parcel 406 -28 -09
from Santa Clara County at below fair market value. The purpose
of the Town in acquiring the Site and conveying it to the Developer
is to provide low and moderate income housing for residents
of Los Gatos who need such housing.
The Town further intends to ensure by all practical means
that the housing will be designed and built to Los Gatos
standards, and also maintained to Los Gatos standards. To
these ends, the Town is selling the Site to Developer at
substantially less than fair market value. Developer under-
stands these intentions of the Town, and agrees to them
without reservation.
E. Developer and Town understand and agree that the
Site can lawfully be developed as contemplated by the Request
and the Proposal only if (1) the Town is successful in acquiring
a portion of Parcel 406 -28 -09 at less than fair market value,
and (2) both Parcels are rezoned by the Town to a planned
development overlay zone.
WHEREFORE, in consideration of the foregoing and their
respective promises herein, THE PARTIES AGREE AS FOLLOWS:
KVM-1MN,F1MlYY
A. The Property
Upon approval and execution hereof, Town agrees to
sell to Developer, and Developer agrees to buy from Town,
pursuant to the terms and conditions hereinafter set forth,
property consisting of the following:
1. Certain real property described in Parcel
406 -28 -01 and a portion of Parcel 406 -28 -09 (the "Site "),
located in the Town of Los Gatos, County of Santa Clara,
State of California, an informal map of which is attached as
Exhibit E.
2. Certain improvements on the Site, consisting
of demolition of all structures standing on the Site at the
date of this Agreement; provision of curbs, gutters, sidewalks,
any street widening and improvement, including any street
construction or improvement which may be performed by an
assessment district or financed in any other manner, and
all engineering services required in connection with the
(also attached hereto as Exhibit "B "), or any amendments
thereto adopted by the Town.
(3) Maintain the housing units to be
constructed on the Site in accordance with the maintenance
standards established by the Town, attached hereto as Exhibit "C ".
Town personnel will make periodic inspections.
(4) Adopt and maintain the Los Gatos
management policies set forth in Exhibit "D" attached hereto,
together with other management policies which ensure that
tenants are not allowed to violate any Town ordinances or in
any manner cause a disturbance to neighbors of the Project.
(5) Not sell any part or all of the
site or improvements, or bring in a new general partner,
without an express prior finding by the Town Council, after
full and fair consideration of all the facts and circumstances,
that the purchaser (or new general partner) is willing and
able to fulfill all the obligations of the Developer under
this Agreement or any amendments thereto.
(6) Place no new encumbrances on the
property at any time after 45 years from close of escrow
herein, nor borrow against the property on any existing
emcumbrances after said date.
(7) Maintain the premises in private
ownership, subject to ad valorem taxation.
b. Easements or rights of way for public or
quasi - public utility or public street purposes, if any.
2. The Town shall furnish Developer at Developer's
expense a standard California Land Title Association Policy
showing title vested in Developer subject only to the above.
3. All assessments shall be paid or assumed by
the Town.
4. Unless otherwise designated in the escrow
instructions of Developer, title shall vest in Villa Vasona
Ltd., as mortgagor /owner of the Project, not later than the
close of escrow.
S. The obligations of the Town hereunder are
contingent upon the Town's approval of all contracts between
Developer and any agency of the Federal Government.
D. Escrow.
1. On or before May 31, 1981, Developer shall
open an escrow at First American Title Company.
2. Escrow shall close on or before December 31,
1981, except that the closing date may be extended by written
consent of the parties for good cause shown. The parties shall
deliver signed instructions to the escrow holder within sufficient
time to allow closing by the designated date. Time is of the
essence in this Agreement. All modifications or extensions shall
be in writing signed by both parties. Any extensions will not
be construed to be a waiver of the "time is of the essence" clause.
3. All escrow fees, title insurance costs, and other
closing costs shall be paid by Developer.
E. Possession.
Developer shall be entitled to possession of the Site at
close of escrow. However, commencing with execution of this
Agreement, Developer shall have a limited right of entry on
Parcel 406 -28 -01 of the Site for the purpose of locating con-
struction trailers (one or more of which will contain a construc-
tion office), making surveys, conducting inspections by consultants
and performing similar functions which must be completed prior
to commencement of construction.
F. Default in Purchase.
1. I£ Developer fails to complete this purchase by
reason of any default of Developer, the Town shall be released
from its obligation to sell the property to Developer and may
proceed against Developer upon any claim or remedy which it may
have in law or equity.
Developer recognizes that the Town has spent considerable
time, effort and money acquiring the Site, preparing it for develop-
ment, and ensuring that the Project will qualify for financing;
that the Town has chosen Developer over other potential
developers in reliance on Developer's commitment to complete
the Project; that failure of Developer to close escrow in a
timely fashion may permanently jeopardize the Town's ability
to obtain financing for the desired housing units; and that
it is extremely difficult and impractical to determine the
exact damages that the Town would suffer in the event of a
default by Developer. Accordingly, the parties agree that if
Developer defaults in closing escrow as stated above in
Paragraph D -2, the Town shall be entitled to $100,000 as
liquidated damages, in lieu of any other relief to which the
Town might otherwise be entitled by virtue of this contract or
operation of the law.
2. If Town fails to deliver title as prescribed in
Paragraph C above, Developer may terminate this Agreement.
G. Development.
1. Commencing promptly upon close of escrow,
Developer shall diligently develop the Site in accordance with
the requirements of the PD Zone. No modifications of said
requirements shall be allowed without advance approval by the
Town. Construction shall be completed on or before December 31,
1982, unless an extension is approved prior to said date by the
Town Council. Occupancy permits shall be issued in accordance
with Town policy.
a. Within ninety (90) days of completion of
construction, Developer shall present the Town with an accounting
of his total cash investment in the project. Cash investment
shall consist of the following items:
(1) Original cash invested by partners;
(2) Any fees or expenses contributed by
the General Partner that are includable for cost certification
and do represent investment equity, such as Builder, Sponsor
Profit and Risk Allowance.
Withing ninety (90) days of the submittal, the Town may investi-
gate the accounting to the extent it is necessary at the Town's
expense. If the Town disagrees with the accounting presented,
good faith negotiations shall be conducted with the Developer.
If the Town and Developer are unable to reach agreement, the
cash investment hereunder shall be determined by arbitration in
accordance with the rules of the American Arbitration Associ-
ation, and judgment may be entered on any award. Once a determi-
nation of cash investment has been made, it shall not be increased
or decreased thereafter.
2. Developer shall assume and discharge all duties
and obligations specified in the construction contract, including
without limitation the payment of any sums of money thereunder.
Moreover, Developer agrees to indemnity and hold and save Town
free and harmless from and against any and all claims, demands,
liens, judgments and attorney's fees arising from and out of
the construction contract.
3. Developer shall promptly cause to be paid or shall
promptly pay any on -site and off -site expenses (except for such
expenses as may be incurred in connection with the improvements and
services to be provided by Town pursuant to this Agreement) together
with any direct and indirect job costs associated with or related to
the development of the Site and all valid bills and charges for
material, labor or other costs in connection with or arising out of
the construction of the Project. Developer further agrees to
indemnity and hold and save Town free and harmless from and against
any and all claims, demands, liens, judgments and attorney's fees
arising after the date on which Developer takes possession of the
Site from and out of development of the Site and construction of
the Project.
4. Developer shall indemnity, save harmless and defend
Town from all liability, losses, damages, costs, expenses (including
attorney's fees), causes of action, claims and judgments arising out
of any injury or death to any person or persons (including employees
of Developer and Developer's affiliated general contractor) or
damage to the property of any person or persons of any kind and to
whomsoever belonging from any cause whatsoever in, upon or in
any way connected with the Site or the sidewalks, streets,
alleys, parking lots and premises adjacent thereto, or the use
or occupancy thereof during Developer's possession thereof,
and shall reimburse Town for any attorney's fees and expenses
incurred in connection with any such claim. Nothing herein
should be construed to require Developer to indemnify Town to
any extent for damages arising solely out of the acts or
omissions of Town, its agents or servants.
S. Town shall indemnity, save harmless and
defend Developer from all liability, losses, damages, costs,
expenses (Including attorney's fees), causes of action,
claims and judgments arising out of any injury or death to
any person or persons (including employees of Town and Town's
affiliated general contractor) or damage to the property of
any person or persons of any kind and to whomsoever belonging
from any cause whatsoever in, upon or in any way connected
with the Site or the sidewalks, streets, alleys, parking
lots and premises adjacent thereto, or the use or occupancy
thereof during Town's possession thereof, and shall reimburse
Developer for any attorney's fees and expenses incurred in
connection with any such claim. Nothing herein should be
construed to require Town to indemnify Developer to any extent
for damages arising solely out of the acts or omissions of
Developer, its agents or servants.
6. Developer shall acquire, carry and maintain
during the term of development, without expense to Town,
insurance in the name of Developer (and naming Town as an
additional insured) against any liability to the public
resulting from any occurrence in or about the property in an
amount not less than Five Hundred Thousand Dollars ($500,000)
per person and One Million Dollars ($1,000,000) per occurrence
to indemnify against the claim or claims for injury to or
death of one or more persons, and not less than One Hundred
Thousand Dollars ($100,000) for damage to property. Developer
shall at its sole expense acquire, carry and maintain in full
force and effect throughout the term of development, with
insurance companies licensed to do business in the State of
California, fire insurance with broad form coverage covering
the Project and naming Developer and Town as insured. Such
insurance shall be in the face amount equal to the full
insurable value of the Project excluding foundations and
excavating costs.
7. Town shall name Developer as an additional
insured under Town's liability policies for the term of
Town's obligations under Paragraph G -5.
H. Operation.
1. Upon completion of construction, Developer
shall rent, maintain, manage, and otherwise operate the units
in accordance with the covenants set forth in Paragraph C
hereof. It is expressly understood that the obligations of
Developer under this paragraph are not contingent upon
continuation of any governmental or other subsidy.
2. Developer shall at all times maintain sufficient
insurance to protect the interests of the Town, including but
not limited to sufficient coverage to rebuilt the premises to
Town standards in the event of fire or other casualty, and shall
name the Town as an additional insured. Developer shall report
annually to the Town on the insurance maintained, and revise
the coverage as directed by the Town Council.
3. The on -site parking shall be reviewed one year
after the Project has been completed. If it is proven that
more parking is needed than was provided for, the setback on
Knowles Drive shall be reduced, and Developer shall widen Knowles
Drive to create a parking lane in front of the property.
I. Default in Development or Operation.
1. In the event Developer defaults in its
obligations under Sections G or H and fails to remedy said
default within ninety:(90) days after receipt of written notice
from the Town of such default, the Town shall have the power
to declare a termination of all right, title, and interest of
the Developer in the Site conveyed to the Developer hereunder
and all improvements constructed thereon, and such Site and
improvements shall revert to the Town; provided, that such
condition subsequent and revesting of title shall not affect
the following:
a. The lien of any deed of trust executed
to obtain the construction loan and long -term mortgage
financing for the Project. However, the revesting of title
in the Town shall take precedence over any other deeds of
trust unless such deeds of trust are approved in advance by
resolution of the Town Council.
b. Any lease or rental agreement between
the Developer and any low or moderate income tenant.
The Town shall have the right to institute
such actions or proceedings as it may deem desirable for
effectuating the purposes of this section, including but not
limited to the right to execute and record with the Recorder
of the County of Santa Clara a written declaration of the
termination of all right and title of the Developer as set
forth above. Any delay by the Town in taking such action
shall not operate as a waiver of its rights, it being the
intent of this provision that the Town shall not be constrained,
so as to avoid the risk of being deprived of or limited in
the exercise of the remedy provided in this paragraph because
of concepts of waiver, laches or otherwise.
If the Town exercises its power of ter-
mination upon conditions subsequent, as set forth in the
preceding paragraph within forty five years (45) after close
of escrow, the Town shall, in order to avoid a forfeiture or
undue hardship to Developer, pay to Developer, within one
hundred twenty (120) days following the date of reverting of
title in the Town, an amount equal to the actual cash (not
borrowed) invested by the Developer in purchasing the Site
and making improvements thereon, as determined under Paragraph
G -1. If the Town exercises its power of termination beyond
said time, the Developer shall receive no payment.
2. In the event of the occurrence of any
default by Developer upon any mortgage loan with respect to
the Project or the Site, Developer shall give Town written
notice specifying such default, and stating that unless such
default is cured within a specified period, the Site or
Project will be foreclosed upon. This notice is required to
permit action by Town which will prevent foreclosure upon
the Site or Project by the mortgage lender or insurer.
3. Notwithstanding any other provision of
this Agreement, if the Project is constructed /developed with
the proceeds of an FHA - insured mortgage (which term includes
a "deed of trust "), then (a) so long as the mortgage is
insured or held by the Secretary of HUD, or (b) if the
Project is to be foreclosed by the Secretary and he comes
into ownership by such foreclosure, or deed in lieu thereof,
none of the provisions of this Agreement relating to reversions,
penalties, foreclosures, defaults, restrictions, etc., shall
apply to or restrict the Secretary in the exercise of his -
rights and responsibilities under the insured mortgage, the
National Housing Act, and the regulations issued pursuant thereto.
J. Option To Repurchase.
Sixty five (65) years from the date of close of
escrow under this Agreement, Developer shall reconvey the Site
to the Town, at the Town's option (to be exercised as stated
below), for the sum of $1, by good and sufficient grant
deed, together with payment of all transfer costs. Said
conveyance shall include any and all improvements then
existing on the Site, free of all encumbrances, but subject
to all obligations arising from the operation of the Project
except those personal injury and property damage obligations not
covered by insurance.
K. Miscellaneous.
1. It is intended and agreed, and the deed
shall so expressly provide, that the agreements and covenants
made by the Developer in this Agreement shall be covenants
running with the land and that they shall, in any event,
and without regard to technical classification or designation,
legal or otherwise, and except only as otherwise specifically
provided in this Agreement itself, be, to the fullest extent
permitted by law and equity, binding for the benefit and in
favor of, and enforceable by, the Town, its successors and
ass y against the Site or :._Y part t-ercof. P t
of Develoyc._, __s successors and assigns the '_ewn
shall _ sue a rccordabla cortificate stating, if it true,
that -here is no default by the Developer or its successors
and assigns in the performance of its agreements and covenants
under this Agreement.
2. None of the provisions of this Agreement
are intended to or shall be merged by reason of any deed
transferring title to the Site from the Town to the Developer
or any successor in interest, and any such deed shall not be
deemed to affect or impair the provisions and covenants of
this Agreement.
v'.
3. A notice or communication under this
Agreement by either party to the other shall be sufficiently
given or delivered if dispatched by registered mail, postage
prepaid, addressed as follows:
Town
Developer
Town Manager Jack Sheehan
P. 0. Box 949 441 Alberto Way
Los Gatos, CA 95030 Los Gatos, CA 95030
4. In the event of a breach or a threatened
breach of this Agreement, either party at its option shall
be entitled to an injunction restraining the party or parties
about to commit any breach of this Agreement or who have
committed a breach thereof, without showing or proving any
actual damage sustained by such party.
5. If either party shall fail or refuse to
perform stipulations hereof on their party, then the other
party at its option may, by suit, enforce specific perfor-
mance by the defaulting party, the execution of a deed as
herein provided, and performance of any other act hereby
required of the defaulting party and /or may recover from
such defaulting party whatever damages they may have suffered
by reason of such default.
6. In the event of litigation between the
parties over any aspect of this Agreement, the prevailing
party shall be entitled to all reasonable costs of litigation
(not limited to those allowed by statute), as well as reasonable
attorney's fees.
TOWN OF LOS GATOS
i
By:
omas J. Fer to, Mayor
VILLA VASONA, LTD.
By:
ATTEST:
T-
CLERK
By:
(Seal)
(Attach acknowledgment, so document
can be recorded.)
APPROVED AS TO FORM:
By kat4r, 4 z � V. Hays
Town Attorney
EXHIBIT "A"
1. Interim Construction Loan.
2. FHA insured mortgage for 40 years at 7 -1/2 %,
plus 1/2% for mortgage insurance premium with
discount loan fee not to exceed 2 -1/2 %, in an
amount equal to 87 -1/2% of the total estimated
replacement cost.
Exhibit "B"
OCCUPANCY PREFERENCE SYSTEM
AND
AFFIRMATIVE FAIR HOUSING MARKETING PLAN
TOWN OF LOS GATOS
1. OCCUPANCY PREFERENCE SYSTEM
a. Senior Citizen Occupancy Preference
(1) Senior citizens who live in the Town of Los Gatos.
(2) Senior citizens who have lived in the Town of
Los Gatos.
(3) All other applicants eligible according to
income criteria.
(4) Handicapped persons will be given preference
over non - handicapped persons for those units
especially designed for the handicapped.
b. Family Occupancy Preference
(1) Persons who live and work in the Town of Los Gatos.
(2) Single heads of households with dependent children
who live in the Town of Los Gatos.
(3) Persons who live or work in the Town of Los Gatos.
(4) Persons who have lived in the Town of Los Gatos.
(S) All other applicants eligible according to family
size and income criteria.
(6) Handicapped persons will be given preference over
non- handicapped persons for those units especially
designed for the handicapped.
2. AFFIRMATIVE FAIR HOUSING MARKETING PLAN
Developer shall conduct advance affirmative fair housing
marketing to stimulate applications from those ethnic groups least
likely to apply. In so doing, contact shall be made with minority
organizations in Los Gatos and vicinity that will be helpful in
disseminating information about Villa Vasona to those least likely
to apply; advertisements and news items will be placed in commercial
media that have minority following. A fair housing poster and logo
will be prominently displayed on site and in publicity materials.
The objective of affirmative marketing will be the occupancy of 23
of 115 dwelling units by minority households.
Exhibit "C"
Town of Los Gatos Maintenance Standards
Villa Vasona shall be maintained in accordance with the
standards shown below.
Before accepting the project from the contractor, the management
staff will assemble a manual on all equipment and guaranties,
obtain the as -built drawings, walk through the project with the
contractor, develop the punch list and make sure that punch list
items are taken care of, complete an inventory of all equipment
and establish preventive maintenance schedules.
The maintenance program will observe these standards:
Custodial Services: The following areas will be cleaned
often as necessary to keep them neat and trim: public
areas, parking areas, the community building, refuse
storage areas, walkways, laundry areas, etc.
Grounds Maintenance: The grounds, including land-
scaping, will e maintained in an orderly, healthy,
well - groomed manner.
Lighting Maintenance: All lighting equipment, and the
ul�in t e non-dwelling areas will be properly main-
tained and repaired. Bulbs will be replaced as necessary.
Resident Service Calls: Work orders will be used for
maintenance service calls. Residents with maintenance
problems will advise the manager, specifying the problem
and entry procedure. The objective will be to correct
the problem with one call to the unit. If parts have
to be ordered to make the repair the tenant will be so
advised and given a target date for work accomplishment.
The problems will be responded to promptly.
When damage occurs, such as a broken window, the personnel
will be expected to repair it right away. If the tenant
is found responsible, the repair and replacement cost
will be charged to the tenant.
Preventive Maintenance: A preventive maintenance schedule
will be esta lis e and rigorously pursued.
Repainting and Redecorating: Apartments will be redecorated
primarily on turnover. The common areas, exteriors, and
units will be kept looking trim and inviting at all times.
Extermination Services: Extermination service will be
conducted as o ten as necessary to prevent infection.
For operating instructions and equipment check -out, prospective
residents will inspect the unit with a staff member before
occupancy, fill out a "check -in /check -out" list, signed by both
parties. The list will be kept in the resident's file until just
prior to move -out. Then, the resident and staff member will conduct
another inspection and complete the "check -out" portion of the list.
Before re- renting necessary work will be performed. Charges will
be made against vacating residents for any damage above normal
wear and tear. The procedure will be repeated with the replacement
residents.
Exhibit D
M
LOS GATOS MANAGEMENT POLICIES
Rent Collection Poli
Rents will be collected at the Manager's Office on or about the
first of every month. Any tenants who are delinquent as of the
close of business the third workingday will be notified immediately
by way of a courtesy notice placed in their mailbox or under the
door that their rent is overdue, and the possibility of eviction
if their rent is not received. If payment is still not received
by the 10th of the month, additional procedures will be taken to
assure that an image of fairness, yet firmness, is maintained in
this regard. Pre - payments will be accepted and encouraged where -
ever possible. Special arrangements may be made for tenants whose
regular pay schedule does not correspond to the normal collection,
of if some unusual family situation occurs. If rents are not paid
by the 10th of the month, the accounts are turned over to attorneys
for legal proceedings. Filing costs are charged to the tenants.
Contact will be made with former landlords, acquaintances and
business and character references to assure that a particular family
will prove to be a reasonably reliable credit risk and satisfactory
tenant.
Preventive Maintenance
The Management Agent will employ maintenance personnel who are
knowledgeable about the mechanical aspects of the new facility and
its equipment. The maintenance personnel will be responsible for
preventaive maintenance procedures for heating systems, appliances,
water systems, roof, grounds, etc. Public areas of the project,
i. e., hallways, stairways, mechanical spaces, community areas,
parking spaces and grounds are to be inspected by the maintenance
personnel for defects or obstructions, and reported to the Nlanager,
who will be responsible for seeing that the condition is corrected.
In addition, maintenance and service repair contracts will be
executed for technical inspections on a scheduled basis for the
project facilities.
Tenants will be made familiar with the manner of operating mechanical
units in their apartments through meetings of the Residents Association
and visual displays, etc.
Apartments will be serviced twice yearly and /or by request of tenant.
They will be exterminated, filters will be changed, and the heating
and air- conditioning units will be checked.
11 1
Management Agent /Owner Relationshi
The Owner is fully cognizant that effective management of housing
for lower income individuals and families will entail special
considerations, particularly pertaining to social and economic
problems of the tenants, collection of rents, and proper physical
maintenance of the newly constructed facilities. In view of these
concerns, the following program for management has been devised.
The Owner will be responsible for the management of the project
and reserves the right to formulate all systems, policies, pro-
cedures, and regulations, which are to be imposed. Actual imple-
mentation will be coordinated by the Management Agent.... the Manage-
ment Agent will select and supervise the :Manager and the other
project employees. The Management Agent will report to the Owner,
on a periodic basis, concerning all aspects of the operation.
Particular attention will be paid to achieving economies in main-
tenance and operating costs and administrative expenses so that
the tenants' rentals can be held to the lowest level possible. The
Management Agent will advise the project employees of their job
responsibilities and duties, and see that the Owner is apprised of
them, and that the responsibilities and duties of the employees are
carried out.
The applicants for apartments who are accepted will be taken on a
tour of the buildings and recreational and social facilities, for
an orientation of their new environment. Afterwards, a general
and thorough session will be held to discuss office hours, proper
payment of rent, rules and regulations of the Department of Housing
and Urban Development and the Kanagement, the residents' responsi-
bilities, as well as the Management's responsibilities, proper use
of equipment, etc. The Management Agent will conduct a meeting
with prospective residents before they are scheduled to move in.
The apartments will be inspected before residents take possession,
and the residents will be required to sign a release form stating
that they found the apartment in good and livable condition. It
will be made clear to every resident that the Management Agent is
available, by appointment, to discuss any problem, hear any complaint,
and assist the resident in resolving it. Follow -up will be done by
the Resident Manager in consultation with the Management Agent.
Tenants will be encouraged to participate in recreational and
educational programs and activities, and above all, the Residents'
Association. Lists of local health, recreational and educational
facilities will be maintained in the Manager's Office and this
information will be available for tenants. Special counseling and
referrals will be carried out by the staff for residents who }lave
particular problems.
-2-
M
The pre - occupancy interviews and tenant orientation sessions will
provide information concerning services to which the tenant is
entitled. Additionally, the ;tanager will respond to any inquiries
about tenant services.
Activities for the Elderl
A separate social and sitting area will be provided for the elderly.
This will enable the elderly to participate in such activities
as sewing, ceramics, bingo, billiards, card playing, reading groups,
lectures regarding medicare, social security, retirement benefits,
etc.
Security
The staff will have the on -site responsibility for seeing that
security measures, i.e., locks on apartment doors are in working
order, dangerous areas are adequately locked and secured, and
hazardous conditions are removed or corrected. Police and fire
department telephone numbers will be maintained at the Manager's
Office and tenants will be instructed and reminded of security
precautions, which they should take for the protection of their
lives and property.
Vacancy and Turnover
Every effort will be made in the initial screening of applicants
to select those who will be stable tenants. Thereafter, the project
staff will implement the guidelines and programs included in the
Basic Management Plan, to ssure the lowest possible turnover rate
Also, the project staff will, under the guidance and direction of .
the Management Agent, pursue an affirmative marketing plan to fill
those vacancies which do occur, at the earliest possible time in
order to minimize the effect of losses resulting from extended
vacancies.
The Owner believes that the guidelines set forth in this Plan, the
combination of `lanagement skills and the proposed chain of
supervisory and fiscal controls, brought to bear on the operational
activities of the project, will result in an effective administration
of the project to the satisfaction of the tenants, the community
and the Department of Housing and Urban Development.
-3-
G[:,(J NT-Y cw 6 'M
Tc
i
Exhibit "E"
J
x
RF
Application No. Change of zoning map
Amending Ordinance 867 of Town Zoning Ordinance
E-Zone Change from to
D Prezoning to
Approved by Planning Commission date
Approved by Town Council date -Ord.
LEA .
Town Clerk isi cse E. A_d=_ (seal) Mavor