On March 09, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Kalween Rodriguez,
and
Metropolitan Realty Management, Inc.,
Metropolitan Realty & Management Ny Inc,
Tov Management Corp.,
Tov Property Management Corp.,
for Torts - Other Negligence (Premises)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/10/2022
EXHIBIT E
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/10/2022
PROPERTY MANAGEMENT AGREEMENT
is entered into as of February 1,
This Property
Management Agreement ("Agreement")
Tov Management Corp. ("Owner") and Tov
2016 ("Effective Date"), and between
by
"Party"
referred to as and
Property
Management Corp. ("Management"), individually
"Parties."
collectively the
located at 233 Jamaica Avenue, Brooklyn NY
1. Purpose. Owner owns the property
("Property"). Owner desires to engage Management to manage the
11207
Property.
2. Management's Responsibilities. Management agrees to perform the following
duties and responsibilities with regards to the Property:
Inspection. Management will conduct on-site inspections of the
Property
property on a weekly basis.
Vacancies. Management will be responsible for filling any vacancies on the
Property. Management will not charge Owner extra fees for filling any
vacancies.
Advertising/Rental of Property. Management will advertise the Property for
rent, engage and screen potential renters, and enter into rental
agreements with acceptable renters as the Owner's representative.
Management will set rent amounts that reflect rent amounts set by the
appropriate agency governing NYC rent stabilized housing. Owner will
reimburse Management for all expenses related to such Advertising.
Collection & Disbursement of Rent. Management will be responsible for all
collection of rent earned on the Property. Management will then be
responsible for disbursement of those proceeds to Owner. Management
will further prepare and provide to Owner a detailed accounting of all
rents, expenses, and disbursements.
Maintenance & Repair. Management will be responsible for performing, or
hiring necessary personnel to perform, all necessary maintenance and
repairs to the Property.
Violations. Management will be responsible for violations
clearing any
received for the Property.
1
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/10/2022
responsible for for
Renovations. Management will be directly arranging
renovations to be done on the Property. Management
and overseeing any
related to
will bill Owner for costs (materials, vendors, etc.) directly
on the and Owner will provide payment.
renovations Property,
In the event that collection and/or legal proceedings
Legal Proceedings.
become with regard to the rental of the Property, Management
necessary
all such proceedings. Management will not be responsible for
will handle
legal proceedings that do not result from the management and rental
any
of the Property.
Insurance. For the duration of Management as property manager
serving
of the Management will be insured under the Property's General
Property,
policy. Management will at no time and under no circumstances
Liability
be held liable for claims and/or lawsuits in connection with the
any
or employees or contractors of or for the Owner or Property.
Property any
3. Compensation. The Parties agree that Management will be compensated as
follows: Management will be entitled to 5% of all rents collected as compensation
to be withdrawn from the operating account without prior
monthly Property
notice to Owner.
4. Termination. This Agreement may be terminated at any time by either Party upon
ninety (90) days written notice to the other party. Upon termination, Management
shall disburse to Owner any monies in Management's possession due and owing to
Owner within thirty (30) days from the date of termination. Owner shall reimburse
Management for any expenses incurred or approved prior to the date of termination
within thirty (30) days from the date of termination. Upon termination, Management
shall provide Owner with any financial and operating reports, leases, contracts,
tenant files, keys, and any other documentation or other items in Management's
possession related to the Property.
5. Representations and Warranties. Both Parties represent that they are fully
authorized to enter into this Agreement. The performance and obligations of
either Party will not violate or infringe upon the rights of any third-party or
violate any other agreement between the Parties, individually, and any other
person, organization, or business or any law or governmental regulation.
6. Limitation of Liability. Under no circumstances shall either Party be liable to the
other Party or any third party for any damages resulting from any part of this
Agreement such as, but not limited to, loss of revenue or anticipated profit or lost
business, costs of delay or failure of delivery, which are not related to or the direct
2
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/10/2022
result of a Party's negligence or breach.
7. Severability. In the event any provision of this Agreement is deemed invalid or
unenforceable, in whole or in part, that part shall be severed from the remainder
of the Agreement and all other provisions shall continue in full force and effect as
valid and enforceable.
8. Waiver. The failure by either Party to exercise any right, power or privilege under
the terms of this Agreement will not be construed as a waiver of any subsequent
or further exercise of that right, power or privilege or the exercise of any other
right, power or privilege.
9. Legal and Binding Agreement. This Agreement is legal and binding between
the Parties as stated above. The Parties each represent that they have the
authority to enter into this Agreement.
10. Entire Agreement. The Parties acknowledge and agree that this Agreement
represents the entire agreement between the Parties. In the event that the Parties
desire to change, add, or otherwise modify any terms, they shall do so in writing
to be signed by both Parties.
The Parties agree to the terms and conditions set forth above as demonstrated by their
signatures as follows:
"OWNER"
Signed:
"MANAGEMENT"
Signed: 2tfA
Name: (I /Y\M
Date: 0
3
Document Filed Date
August 10, 2022
Case Filing Date
March 09, 2022
Category
Torts - Other Negligence (Premises)
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Preview
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/10/2022 EXHIBIT E FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/10/2022 PROPERTY MANAGEMENT AGREEMENT is entered into as of February 1, This Property Management Agreement ("Agreement") Tov Management Corp. ("Owner") and Tov 2016 ("Effective Date"), and between by "Party" referred to as and Property Management Corp. ("Management"), individually "Parties." collectively the located at 233 Jamaica Avenue, Brooklyn NY 1. Purpose. Owner owns the property ("Property"). Owner desires to engage Management to manage the 11207 Property. 2. Management's Responsibilities. Management agrees to perform the following duties and responsibilities with regards to the Property: Inspection. Management will conduct on-site inspections of the Property property on a weekly basis. Vacancies. Management will be responsible for filling any vacancies on the Property. Management will not charge Owner extra fees for filling any vacancies. Advertising/Rental of Property. Management will advertise the Property for rent, engage and screen potential renters, and enter into rental agreements with acceptable renters as the Owner's representative. Management will set rent amounts that reflect rent amounts set by the appropriate agency governing NYC rent stabilized housing. Owner will reimburse Management for all expenses related to such Advertising. Collection & Disbursement of Rent. Management will be responsible for all collection of rent earned on the Property. Management will then be responsible for disbursement of those proceeds to Owner. Management will further prepare and provide to Owner a detailed accounting of all rents, expenses, and disbursements. Maintenance & Repair. Management will be responsible for performing, or hiring necessary personnel to perform, all necessary maintenance and repairs to the Property. Violations. Management will be responsible for violations clearing any received for the Property. 1 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/10/2022 responsible for for Renovations. Management will be directly arranging renovations to be done on the Property. Management and overseeing any related to will bill Owner for costs (materials, vendors, etc.) directly on the and Owner will provide payment. renovations Property, In the event that collection and/or legal proceedings Legal Proceedings. become with regard to the rental of the Property, Management necessary all such proceedings. Management will not be responsible for will handle legal proceedings that do not result from the management and rental any of the Property. Insurance. For the duration of Management as property manager serving of the Management will be insured under the Property's General Property, policy. Management will at no time and under no circumstances Liability be held liable for claims and/or lawsuits in connection with the any or employees or contractors of or for the Owner or Property. Property any 3. Compensation. The Parties agree that Management will be compensated as follows: Management will be entitled to 5% of all rents collected as compensation to be withdrawn from the operating account without prior monthly Property notice to Owner. 4. Termination. This Agreement may be terminated at any time by either Party upon ninety (90) days written notice to the other party. Upon termination, Management shall disburse to Owner any monies in Management's possession due and owing to Owner within thirty (30) days from the date of termination. Owner shall reimburse Management for any expenses incurred or approved prior to the date of termination within thirty (30) days from the date of termination. Upon termination, Management shall provide Owner with any financial and operating reports, leases, contracts, tenant files, keys, and any other documentation or other items in Management's possession related to the Property. 5. Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation. 6. Limitation of Liability. Under no circumstances shall either Party be liable to the other Party or any third party for any damages resulting from any part of this Agreement such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, which are not related to or the direct 2 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/10/2022 result of a Party's negligence or breach. 7. Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions shall continue in full force and effect as valid and enforceable. 8. Waiver. The failure by either Party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege. 9. Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Agreement. 10. Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both Parties. The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows: "OWNER" Signed: "MANAGEMENT" Signed: 2tfA Name: (I /Y\M Date: 0 3