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R-92-1705 - 3/12/1992WHEREAS, the City of Round Rock desires to have management services for its Heritage Woods office complex, and WHEREAS, Flautt & Associates Realtors has submitted a Management Agreement to provide said management services, and WHEREAS, the City Council desires to enter into said Agreement with Flautt & Associates Realtors, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Management Agreement for the Heritage Woods office complex, a copy of said Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 12th day of March, 1992. ATTEST: .11/// 6 RS03122B E LAND, City Secretary RESOLUTION NO. /1 14. MIKE ROBINSON, Mayor City of Round Rock, Texas THIS MANAGEMENT AGREEMENT is between the City of Round Rock, herein called Owner and Flautt & Associates Realtors, herein called Agent, whereby Owner employs Agent exclusively to rent, lease, operate and manage the following Property: Heritage Woods, 605 Palm Valley Blvd., Round Rock, Williamson County, Texas (Lot (9) Heritage Center This Agreement is for a primary term of one year beginning on the 1st day of December, 1991 and shall renew itself automatically for successive terms unless: A.) Either party gives the other 90 days written notice. Such notice shall not effect or impose any right which has not been accrued to either party prior to the date of notice. B.) The Property is sold, in which case, this Agreement shall terminate upon termination of the Owner's right to collect rents therefrom. C.) Written notice is given by Owner to Agent and such notice shall be accompanied by payment to Agent of a sum equal to 90 days management fee, as specified herein. In such case, this Agreement is terminated upon receipt of said notice. Owner agrees to pay Agent a monthly management fee of Four Hundred and Fifty dollars ($450.00). For each additional lease agreement not in effect on December 1, 1991, Owner agrees to pay a Leasing Fee of six percent (6 %) of the new monthly lease payments as they are received by Owner. In the event of a sale to a buyer procured by Agent, Owner agrees to pay a sum equal to six percent (6 %) of the contract sales price. Agent acknowledges that any sale of the property must be on a sealed bid basis and the amount of the commission will be taken into account when determining the best bid. Agent agrees to cooperate with all outside Brokers. Subject to instructions from Owner, Agent agrees to: A.) Use due diligence to lease or rent property at maximum market rental; to collect all rentals and other funds that may be due to Owner; generally care for and manage said property; sue for rents GCMANAGREE - MANAGEMENT AGREEMENT and possession when deemed advisable by Agent; employ labor and purchase supplies and material not to exceed the amount of $500.00 for a single expenditure during any one month without permission of the Owner. B.) To render monthly detailed statements of receipts, expenses, and charges; and to forward all receipts collected for Owner (less any sums properly deducted or otherwise provided herein). All of said duties to be carried out in a careful, economical and proper manner and in accordance with all applicable statutes and regulations. IT IS ALSO AGREED that Agent will not be liable except for collections actually received and the Owner agrees to indemnify and hold harmless from and against any and all claims, liabilities, costs, and expenses, including attorney's fees and court costs sustained or incurred by or asserted against Agent by reason of his connection with the property or arising out of Owner's breach of duties and obligations required by this Agreement. Agent shall hold Owner harmless if Agent is in breach, or is guilty of negligence or misconduct. /n THIS AGREEMENT EXECUTED this a d ay of 19 9021. OWNER NAME: ADDRESS: CITY /STATE: PHONE: AGENT NAME: ADDRESS: CITY /STATE: PHONE: OWNER SIGNATURE City of Round Rock 221 East Main Street Round Rock, Texas 78664 (512) 255 -3612 Flautt & Associates Realtors 605 Palm Valley Blvd., Suite 100 Round Rock, Texas 78664 (512) 388 -4434 2. GENT SIGNAT DATE: March 10, 1992 SUBJECT: City Council Meeting, March 12, 1992 ITEM: 9.B. Consider a resolution authorizing the Mayor to enter into a Management Agreement with Gil Flautt and Associates for Heritage Center. STAFF RESOURCE PERSON: Bob Bennett /Steve Sheets STAFF RECOMMENDATION: This resolution authorizes the Mayor to enter into a Management Agreement with Flautt & Associates for any lease space available in Heritage Center. In the event the front building is sold, any commissions will be paid for by the buyer. Mayor Alike Robinson Mayor Pro -tcm Charles Culpepper Council Members Robert Stluka Tisk Oatman Rick Stewart Earl Palmer Jimmy Joseph . City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets March 23, 1992 Flautt & Associates Realtors 605 Palm Valley Blvd., Suite 100 Round Rock, Texas 78664 Dear Mr. Flautt: Resolution No.. :1.7058 hich was approved by the Round Rock City Council on March 12, 1991. The enclosed resolution and Management Agreement are for your files. If you have any questions, please do not hesitate to call. Sincerely, JL:km Enclosure THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 Fax 512 - 255 -6676 Joanne Land, Assistant City Manager/ City Secretary