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HomeMy WebLinkAbout67FEB-10-2000 13t36 FROM UNICO PROPERTIES, RENTONN TO 4307300 P.10 4.6 Collection of Rents and Other Income. Manager shall use its best efforts to diligently collect all rents (including escalation billings resulting from tenant participation increases in expenses, taxes and common area maintenance charges) and any other fees and charges which may �eceme due at any time from any tenant or from others for services provided in connection with or for the use of any property or any portion thereof and to collect and identify any income due Owner from miscellaneous services provided to tenants or the public including, without !imitation, parking income, all revenues from work orders, construction charges, loading dock and elevator charges, supervisory or approval charges, license fees, tenant storage, and coin operated machines of all types e.e., wash.!S, dryers, vending machines, pay telephones, etc.). All monies so collected shall be deposited in the Operating Account, as hereinafter defined. Manager may not, without the prior written approval of Owner, terminate any lease, lock out a tenant, institute suit for rent or for use and occupLncy, or initiate proceedings for recovery of possession. In connection with any collection efforts only legal counsel or collection firms designated by Owner shall be retained. All legal expenses incurred in bringing such approved suit or proceeding shall be submitted to Owner and paid for from the appropriate account in the Approved Operating Budget. 4.7 ?epairs. Manager shall keep the Property and all parts thereof in a clean and sightly condition and shall use its best ATorts to attend to the making and supervision of all ordinary and extraordinary repairs, decorations, replacements, additions, alterations and landscaping necessary or advisable in Manager's reasonable judgment for the proper operations of the Property, for the performance of Owner's obligations under any lease or agreement pertaining to the Propery, and to comply with all applicable Legal of the Approved Operating Budget. Requirements, subject to the limits Manager shall secure Owner's prior written approval for any single unbudgeted expenditures greater than S10,000. However, in cases of emergency, Manager may make expenditures for ge orr pain which a exceed or t is necessary 10 prevent the robudgetary e dge Owner sl- all4b out prior written informed of anyasup h expenditures roval if tbefore the end of the next business day. P P m'. 4.8 Supplies. Manager shall purchase, provide and pay from funds in the Operating Account for all janitorial and maintenance supplies, tools and equipment, restroom and toilet supplies, electrical supplies and light bulbs, boiler room supplies, paints, uniforms, stationery and office supplies incident to performance of the obligations herein assumed by Manager, except to the extent such supplies and materials are provided for by contact with another. Manager shall maintain records for all supplies, tools and equipment purchased hereunder by Manager for use in the management, operation and maintenance of the Property. The same shall be delivered to and stored in the applicable Property and shalt remain the property of the Owner and shall be used only in connection with the property. 4.9 Service Contracts. Manager shall be. authorized to enter into contracts for cleaning maintaining, repairing or servicing any Property or any of the constituent parts of any Property as provided in the Approved Operating Budget, All service contracts shall: (a) be in the name of Manager as agent for Owner, (b) be assignable, at Owner's option, to Owner or Owner's nominee. t cancellation thereof by Owner or Manager upon not more than 30 days written notice, and (d) require that all include a provision for contractors provide evidence of sufficient insurance. To the extent Manager, at Owner's direction, assumes service contracts J'.:ough assigriment from the previous manager and such contracts do not meet these requirements, those variations from the requirements are deemed approved by Owner. 4.10 Tenant lmorovements. Manager shall be authorized to contract withitshat the UNIMARIC Construction Company, to construct tenant improvements on the Property provided contract price is commercially reasonable and the lease requires the Owner to build the tenant improvements. A