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.
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FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/10/2022
EXHIBIT P
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/10/2022
PROPERTY MANAGEMENT
AGREEMENT
PARTIES
- This Management Agreement (hereinafter referred to as the is
Property "Agreement")
entered into on August 1, 2004 (the "Effective Date"), by and between TOV
MANAGEMENT CORP. (hereinafter referred to as the "Owner"), and METROPOLITAN
REALTY & MANAGEMENT NY INC. (hereinafter referred to as the "Agent")
(collectively referred to as the "Parties").
GENERAL
- the Owner appoints the Agent to manage the that is located
Hereby, exclusively property
at 233 Jamaica Avenue, Brooklyn NY 11207 (hereinafter referred to as the "Property").
- The Agent accepts such and agrees to manage the Property.
hereby responsibility
- The Owner agrees to the fees associated with the services that the Agent will provide
pay
when managing the Property.
RESPONSIBILITIES OF THE AGENT
- To rent and lease as well as operate the Property.
- To inspect the once a week.
Property
- To collect rent and monies applicable from potential tenants in due time. the
However,
Agent will not bear the responsibilities of the potential tenants in case of refusal of payment
or other.
- To allvendors and contractors for work done at or for the Property. .
pay
- To provide a of rents received and paid expenses as well as other
monthly accounting any
applicable incomes, monies or sums to the Owner.
- To repair and maintain the when needed.
Property
- To operate the in accordance with all applicable laws and regulations.
Property
- To clear violations received for the Property.
any
- To hire as well as supervise employees (if when needed.
any)
AGENT LIABILITY
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/10/2022
- The Agent will be held harmless from claims and/or lawsuits
any debts, charges, demands,
involving any person or company related to the Property.
- The Owner agrees that the Agent will be insured and protected under the Property's General
Liability insurance policy for the duration of the Agent serving as manager of the Property.
PAYMENT AND FEES
- The Parties agree that the total cost of the services will be 5% of allrents collected monthly.
TERMINATION
- This Agreement be terminated in case the occurs:
may following
Immediately in case one of the Parties breaches this Agreement or one of the conditions set
forth in this Agreement and does not amend the issue within a period of 30 days.
- Both Parties agree that this Agreement be terminated with 90 days written notice.
may
- If thisAgreement is terminated Agent shall provide to the Owner allmonies due to the
Owner and all books and records, keys, reports, files,leases, contracts, and all other
documents and material concerning the Property. Owner shall provide to the Agent any
monies owed for Agent's services at the Property.
GOVERNING LAW
- This Agreement shall be governed and construed in accordance with the laws of the State
by
of New York.
AMENDMENTS
- The Parties agree that amendments made to this Agreement must be in and
any writing they
must be signed by both Parties to this Agreement.
- As amendments made the Parties will be applied to this Agreement.
such, any by
ASSIGNMENT
- The Parties agree not to assign of the responsibilities in this Agreement to a third
hereby any
party unless consented by both Parties in writing.
ENTIRE AGREEMENT
- This Agreement contains the entire agreement and the Parties hereto
understanding among
with respect to the subject matter hereof, and supersedes allprior agreements, understandings,
inducements and conditions, express or implied, oral or written, of any nature whatsoever with
respect to the subject matter hereof. The express terms hereof control and supersede any course
of performance and/or usage of the trade inconsistent with any of the terms hereof.
SEVERABILITY
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/10/2022
- In an event where provision of this Agreement is found to be void and unenforceable a
any by
court of competent jurisdiction, then the remaining provisions will remain to be enforced in
Parties'
accordance with the intention.
SIGNATURE AND DATE
- The Parties agree to the terms and conditions set forth in thisAgreement and such is
hereby
demonstrated throughout by their signatures below:
OWNER AGENT
Name: Name.
Signature: Signature:
Date: Date:
Document Filed Date
August 10, 2022
Case Filing Date
March 09, 2022
Category
Torts - Other Negligence (Premises)
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FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/10/2022 EXHIBIT P FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/10/2022 PROPERTY MANAGEMENT AGREEMENT PARTIES - This Management Agreement (hereinafter referred to as the is Property "Agreement") entered into on August 1, 2004 (the "Effective Date"), by and between TOV MANAGEMENT CORP. (hereinafter referred to as the "Owner"), and METROPOLITAN REALTY & MANAGEMENT NY INC. (hereinafter referred to as the "Agent") (collectively referred to as the "Parties"). GENERAL - the Owner appoints the Agent to manage the that is located Hereby, exclusively property at 233 Jamaica Avenue, Brooklyn NY 11207 (hereinafter referred to as the "Property"). - The Agent accepts such and agrees to manage the Property. hereby responsibility - The Owner agrees to the fees associated with the services that the Agent will provide pay when managing the Property. RESPONSIBILITIES OF THE AGENT - To rent and lease as well as operate the Property. - To inspect the once a week. Property - To collect rent and monies applicable from potential tenants in due time. the However, Agent will not bear the responsibilities of the potential tenants in case of refusal of payment or other. - To allvendors and contractors for work done at or for the Property. . pay - To provide a of rents received and paid expenses as well as other monthly accounting any applicable incomes, monies or sums to the Owner. - To repair and maintain the when needed. Property - To operate the in accordance with all applicable laws and regulations. Property - To clear violations received for the Property. any - To hire as well as supervise employees (if when needed. any) AGENT LIABILITY FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/10/2022 - The Agent will be held harmless from claims and/or lawsuits any debts, charges, demands, involving any person or company related to the Property. - The Owner agrees that the Agent will be insured and protected under the Property's General Liability insurance policy for the duration of the Agent serving as manager of the Property. PAYMENT AND FEES - The Parties agree that the total cost of the services will be 5% of allrents collected monthly. TERMINATION - This Agreement be terminated in case the occurs: may following Immediately in case one of the Parties breaches this Agreement or one of the conditions set forth in this Agreement and does not amend the issue within a period of 30 days. - Both Parties agree that this Agreement be terminated with 90 days written notice. may - If thisAgreement is terminated Agent shall provide to the Owner allmonies due to the Owner and all books and records, keys, reports, files,leases, contracts, and all other documents and material concerning the Property. Owner shall provide to the Agent any monies owed for Agent's services at the Property. GOVERNING LAW - This Agreement shall be governed and construed in accordance with the laws of the State by of New York. AMENDMENTS - The Parties agree that amendments made to this Agreement must be in and any writing they must be signed by both Parties to this Agreement. - As amendments made the Parties will be applied to this Agreement. such, any by ASSIGNMENT - The Parties agree not to assign of the responsibilities in this Agreement to a third hereby any party unless consented by both Parties in writing. ENTIRE AGREEMENT - This Agreement contains the entire agreement and the Parties hereto understanding among with respect to the subject matter hereof, and supersedes allprior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. SEVERABILITY FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/10/2022 - In an event where provision of this Agreement is found to be void and unenforceable a any by court of competent jurisdiction, then the remaining provisions will remain to be enforced in Parties' accordance with the intention. SIGNATURE AND DATE - The Parties agree to the terms and conditions set forth in thisAgreement and such is hereby demonstrated throughout by their signatures below: OWNER AGENT Name: Name. Signature: Signature: Date: Date: