Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Please help me take notes on these pages. Just make it short and simple. An explanation is not required. Just tell me what is it
Please help me take notes on these pages. Just make it short and simple. An explanation is not required. Just tell me what is it about.
D. Record Keeping: AGENT will: Commercial Property Management Agreement 7 of 14 (1) furnish OWNER a monthly accounting statement showing the receipts and expenditures with respect to the premises including OWNER's monthly proceeds; (2) furnish a final accounting upon the termination of this agreement within thirty (30) days from the date of a written request of management termination; and, (3) file reports with the Internal Revenue Service which AGENT may be required to file concerning funds received on behalf of OWNER under this agreement (for example, Form 1099). E. Security Deposits: (1) AGENT will maintain security deposits received from tenants in the trust account described under Paragraph 4A (2) in accordance with applicable law and the leases for the Property, account to the tenants for the security deposits, make lawful deductions from the security deposits, and return the security deposit balances to the tenants from the trust account. (2) After this agreement ends, AGENT will deliver to OWNER or the OWNERs designee the security deposits held by AGENT under leases of the Property, fewer deductions authorized by this agreement, (3) If AGENT complies with this Paragraph 4E, OWNER will indemnify AGENT from any claim or loss from a tenant for the return of a security deposit. This Paragraph 4E survives termination of this agreement. 5. LEGAL COMPLIANCE: The parties will comply with all obligations, duties, and responsibilities under the (state) Property Code, fair housing laws, and any other statute, administrative rule, ordinance, or restrictive covenant applicable to the use, leasing, management, or care of the Property. 6. RESERVES: Upon execution of this agreement, OWNER will deposit the following amount with AGENT to be held in a trust account as a reserve for OWNER: $ AGENT may, at AGENT's discretion, use the reserve to pay any expense related to the management of the Property (including but not limited to AGENT's fees). If the balance of the reserve becomes less than the amount stated, AGENT may: (a) deduct an amount that will bring the balance to the amount stated from any subsequent rent received on behalf of OWNER and deposit the amount into the reserve; or (b) notify OWNER that OWNER must promptly deposit additional funds with AGENT to bring the balance to the amount stated. 7. ADVANCES: OWNER will, in advance, provide AGENT all funds necessary for the leasing and management of the Property. AGENT is not obligated to advance any money to OWNER or to any other person. 8. OWNER'S DUTIES: OWNER agrees to: (Italicized are applicable for Agency performing leasing functions) (A). cooperate with the AGENT to facilitate the showing, marketing, and lease of the Property; (B). not rent or lease the Property to anyone without the AGENT's prior written approval; (C). not negotiate with any prospective tenant who might contact the OWNER directly, but refer all prospective tenants to the AGENT; (D). not deal with or negotiate with any tenant in the Property concerning any matter related to the leasing of the Property but refer all such dealings to the AGENT; (E). not enter into a management agreement with another AGENT for the management of the Property to become effective during this Agreement; (F). not enter any listing agreement with another agent/broker for the leasing of the Property to become effective during this Agreement; (G). provide the AGENT with copies of any existing leases or rental agreements related to the Property; (H). provide the AGENT with keys and access devices to the Property; (I). complete any disclosures, notices, registrations, and permits required by law or a lease of the Property; (J). amend applicable disclosures, notices, registrations, and permits if any material change occurs during this Agreement; and (K) notify the AGENT if the OWNER becomes delinquent in the payment of: (1) any mortgage or other encumbrance secured by the Property; (2) property taxes; (3) property insurance; or (4) OWNERs' association fees. [Add additional duties if applicable] 9. OWNER'S REPRESENTATIONS: OWNER represents that: (A). OWNER has title to and peaceable possession of the Property and all its improvements and fixtures, unless rented, and the legal capacity to lease the Property; (B). OWNER is not bound by another agreement for the management of the Property that is or will be in effect during this agreement; (C). OWNER is not bound by: (i) another agreement with another agency for the leasing of the Property that is or will be in effect during this Agreement which will prevent the AGENT from acting under the powers of this Agreement ; or (ii) an agreement or covenant that prohibits the OWNER from leasing the property; (D). no person or entity has any right to purchase, lease, or acquire the Property by an option, D. Record Keeping: AGENT will: Commercial Property Management Agreement 7 of 14 (1) furnish OWNER a monthly accounting statement showing the receipts and expenditures with respect to the premises including OWNER's monthly proceeds; (2) furnish a final accounting upon the termination of this agreement within thirty (30) days from the date of a written request of management termination; and, (3) file reports with the Internal Revenue Service which AGENT may be required to file concerning funds received on behalf of OWNER under this agreement (for example, Form 1099). E. Security Deposits: (1) AGENT will maintain security deposits received from tenants in the trust account described under Paragraph 4A (2) in accordance with applicable law and the leases for the Property, account to the tenants for the security deposits, make lawful deductions from the security deposits, and return the security deposit balances to the tenants from the trust account. (2) After this agreement ends, AGENT will deliver to OWNER or the OWNERs designee the security deposits held by AGENT under leases of the Property, fewer deductions authorized by this agreement, (3) If AGENT complies with this Paragraph 4E, OWNER will indemnify AGENT from any claim or loss from a tenant for the return of a security deposit. This Paragraph 4E survives termination of this agreement. 5. LEGAL COMPLIANCE: The parties will comply with all obligations, duties, and responsibilities under the (state) Property Code, fair housing laws, and any other statute, administrative rule, ordinance, or restrictive covenant applicable to the use, leasing, management, or care of the Property. 6. RESERVES: Upon execution of this agreement, OWNER will deposit the following amount with AGENT to be held in a trust account as a reserve for OWNER: $ AGENT may, at AGENT's discretion, use the reserve to pay any expense related to the management of the Property (including but not limited to AGENT's fees). If the balance of the reserve becomes less than the amount stated, AGENT may: (a) deduct an amount that will bring the balance to the amount stated from any subsequent rent received on behalf of OWNER and deposit the amount into the reserve; or (b) notify OWNER that OWNER must promptly deposit additional funds with AGENT to bring the balance to the amount stated. 7. ADVANCES: OWNER will, in advance, provide AGENT all funds necessary for the leasing and management of the Property. AGENT is not obligated to advance any money to OWNER or to any other person. 8. OWNER'S DUTIES: OWNER agrees to: (Italicized are applicable for Agency performing leasing functions) (A). cooperate with the AGENT to facilitate the showing, marketing, and lease of the Property; (B). not rent or lease the Property to anyone without the AGENT's prior written approval; (C). not negotiate with any prospective tenant who might contact the OWNER directly, but refer all prospective tenants to the AGENT; (D). not deal with or negotiate with any tenant in the Property concerning any matter related to the leasing of the Property but refer all such dealings to the AGENT; (E). not enter into a management agreement with another AGENT for the management of the Property to become effective during this Agreement; (F). not enter any listing agreement with another agent/broker for the leasing of the Property to become effective during this Agreement; (G). provide the AGENT with copies of any existing leases or rental agreements related to the Property; (H). provide the AGENT with keys and access devices to the Property; (I). complete any disclosures, notices, registrations, and permits required by law or a lease of the Property; (J). amend applicable disclosures, notices, registrations, and permits if any material change occurs during this Agreement; and (K) notify the AGENT if the OWNER becomes delinquent in the payment of: (1) any mortgage or other encumbrance secured by the Property; (2) property taxes; (3) property insurance; or (4) OWNERs' association fees. [Add additional duties if applicable] 9. OWNER'S REPRESENTATIONS: OWNER represents that: (A). OWNER has title to and peaceable possession of the Property and all its improvements and fixtures, unless rented, and the legal capacity to lease the Property; (B). OWNER is not bound by another agreement for the management of the Property that is or will be in effect during this agreement; (C). OWNER is not bound by: (i) another agreement with another agency for the leasing of the Property that is or will be in effect during this Agreement which will prevent the AGENT from acting under the powers of this Agreement ; or (ii) an agreement or covenant that prohibits the OWNER from leasing the property; (D). no person or entity has any right to purchase, lease, or acquire the Property by an optionStep by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started