STR here. Below you will find a Tenant Letter from Gerald Guterman of Guterman Partners and a Consulting Agreement. I assume that this is not the only place that you will see both. I've created a printable PDF of the Consulting Agreement that can be accessed at the bottom of this post.
GUTERMAN PARTNERS, LLC
To all ST/PCV Tenants:
Here are some of the ST/PCV thoughts and concerns my partners and I have been thinking about and discussing. So.... Let me ask you some questions directly and beginning with.... How are you doing (as ST/PCV tenants) so far?
THE ROBERTS LITIGATION MUST BE RE-SETTLED.
1. Roberts litigants, did you receive a copy of the separate individual audit results of your specific rent file, so that you know exactly what the proper, legal rent was supposed to be and exactly how much the wrongful overcharge was and therefore, how much you were entitled to recover?
2. Roberts litigants, did you receive back the full dollar recovery for the full "wrongful over-charge" amount that you paid in rent and were entitled to recover?
3. Roberts litigants, do you believe that the case was settled prematurely, for less than the full recovery of the wrongful over-charge amount that you were entitled to receive?
4. Roberts litigants, did you anticipate that legal fees and "damages" would have been paid by the defendants (who lost the case) in addition to the full amount of the wrongful overcharges repaid to you?
5. Roberts litigants, did you receive "in your pocket," the full amount of the wrongful overcharges you paid, irrespective of legal fees & court costs?
6. Roberts litigants, did you anticipate "other" recovery charges and deductions taken by the landlord (defendant and losing entities) from the full amount that you were entitled to receive from the wrongful overcharge Roberts' distributions,
7. Roberts litigants, were the Roberts' litigation funds distributed as quickly (within 30 days after the court decision) as a reasonable person would have expected?
MCI INCREASES MUST BE RE-SETTLED WITH FURTHER INCREASES MODERATED
1. ST/PCV residents, were you ever told (when you signed your lease) that you would be charged for MCI recoveries claimed for work that might not be done, except that the work was necessitated by improper conversion of an older, family oriented property, to student/dormitory housing?
2. ST/PCV residents, were you ever told (when you signed your lease) that you would be charged an MCI increase, for work that another, former owner completed?
STOP DANGEROUS ACTIONS BY THE LANDLORD AND TAKE ACTION TO REDUCE YOUR RENT DUE TO REDUCTION IN LANDLORD SERVICES
3. ST/PCV residents, do you believe that a building permit that specifies "No change in Occupancy," really means it is safe to ad 50% or more in additional adult population to that same apartment, and to use that apartment for "high population" student/dormitory housing?
4. ST/PCV residents, do you believe that with such a large increase in the adult population to your sixty five year old building, the building will operate safely (for you and your children) without upgrading the sixty-five year old electric wiring and plumbing?
5. ST/PCV residents do you believe that with such a large increase in the adult population to your sixty five year old building the building will operate safely (for you and your children), without upgrading the sixty-five year old elevators?
6. ST/PCV residents, were you ever told (when you signed your lease), that the building you live in was being converted to "high population" student/dormitory housing?
7. ST/PCV residents, do you want all temporary walls removed from all apartments, and the apartments used as family occupied apartments as they were originally intended for and used, for sixty-five years?
ELIMINATION OF LANDLORD'S ABUSIVE ACTIONS AND RENT REDUCTION AND RECAPTURE, FOR REDUCTION IN SERVICES
1. ST/PCV residents, do you believe that you should be forced to use and pay for substandard laundry facilities that were supposed to be fully restored or replaced after the hurricane?
2. ST/PCV residents, do you believe that midterm rent increases are correct?
3. ST/PCV residents, were you ever told (when you signed your lease) a future attempt to collect, mid-term rent increases?
4. ST/PCV residents, were you ever told (when you signed your lease) that fully operational retail business establishments would come "alive" right on the Oval?
5. ST/PCV residents, were you ever told (when you signed your lease) that illegal and dangerous dog breeds would be roaming the property every single day?
6. ST/PCV residents, were you ever told (when you signed your lease) that a regularly scheduled interruption of the quiet enjoyment of you apartment because the landlord is using mass-entertainment to continue to attract students to the recently converted dormitory housing?
7. ST/PCV residents, do you believe that management offices constructed in the open space of the community's recreational area is a reduction in services?
8. ST/PCV residents, were you ever told (when you signed your lease) that the Oval would be turned into a commercial and retail area, for the use of the general population of New York City?
9. ST/PCV residents, were you ever told (when you signed your lease) that a portion of the Oval would be rented out to a commercial, for profit company?
WHAT THE FUTURE MAY BRING
· ST/PCV residents, this is only a small portion of what we know has happened to you and the type of actions you can expect will happen in the very near future.
· ST/PCV residents, just recently, the newspapers discussed an effort to help residents move into other apartments, in order for the landlord to upgrade their apartment. When an upgrade (of the landlord's choice) is installed in your apartment, is it you, the resident, who will pay yet another MCI increase to the landlord.
· To ST/PCV residents, when the landlord presents a scheme to move you to a different apartment (with some upgrades) permanently and without any MCI increase, you are probably being moved into a "rent stabilized, ghetto type" housing arrangement, that will concentrate these "special" apartments in specific buildings and away from "market rate," small discount, condominium buying residents.
· ST/PCV residents, these "special" apartments when taken together, will probably be classified as moderate income housing and you will probably lose your chance to own your apartment when a conversion happens, because these "special" apartments will be isolated in their own moderate income, non buyer housing area.
Before we can accept an ST/PCV assignment, it will be necessary for at least five thousand (5,000) separate resident(s) families to sign a Consulting Agreement with a Guterman Partners, LLC , a consulting subsidiary of Guterman Partners, LLC.
We have attached a link to a Consulting Agreement with each separate ST/PCV tenant. Please feel free to review the agreement with an attorney for any questions you may have.
Please send your signed Consulting Agreement to: firstname.lastname@example.org
Consulting Agreement below:
GUTERMAN PARTNERS, LLC
FOR CONSULTING SERVICES
AGREEMENT dated ___________ 2014 (the “Agreement”) by and between GUTERMAN PARTNERS, LLC, West Palm Beach, Fl 33411 (“Consultant”) and ___________________________, located at; ______________________________________________ (“Client”).
WHEREAS, the Client desires to engage Consultant to provide certain consulting and representation services (“Services”) related to Stuyvesant Town & Peter Cooper Village ("STPCV") together with Management and Leasing programs (“Programs”) for the property and Consultant is willing to be engaged by the Client as a Consultant and to provide such Services on the terms and conditions set forth below;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the Consultant and Client agree as follows:
1. Consulting. The Client hereby retains Consultant, and Consultant hereby agrees to provide such Services to the Client, upon the terms and subject to the conditions contained herein. During the Consulting Term (as hereinafter defined), Consultant shall represent the Client for certain Services and Programs related to STPCV.
2. Term. Subject to the provisions for termination hereinafter provided, the term of this Agreement shall commence on __________ ____,2014 (the “Effective Date”) and shall continue for one ( 1) year period ending on __________ ____, 2014 (the “Consulting Term”). (2) Upon the mutual agreement of the Client and the Consultant, the Consulting Term may be extended. The Consulting Term will be automatically extended for additional six (6) months periods, unless Client shall have notified Consultant in writing, at least thirty (30) days prior to the end of the Consulting Term.
(3) Compensation. In consideration of Consultant’s Services during the initial Consulting Term, the Client agrees to pay to Consultant and Consultant agrees to accept, the sum of ten ($10.00) dollars, payable to Guterman Partners, LLC, at the time the Consulting Agreement is executed and ten ($10.00) on the first day of every three month period following the Effective Date.
4. Termination. The Client or the Consultant may, in the sole discretion of each and at the option of either, terminate this Agreement at any time and for any reason or no reason.
5. Confidential Information. Client and Consultant each recognize and acknowledge that by reason of Consultant’s retention by and service to the Client before, during and, if applicable, after the Consulting Term, Client and Consultant will each have access to certain confidential and proprietary information relating to the other’s business, which may include, but is not limited to, trade secrets, trade “know-how,” and certain techniques and plans, formulas, and relationships, financing services, funding programs, cost and pricing information, marketing and sales techniques, strategy and programs, computer programs and software and financial information (collectively referred to as “Confidential Information”). Client and Consultant acknowledge that such Confidential Information is a valuable and unique asset of both the Client and Consultant and each specifically covenants that they will not, unless expressly authorized in writing by the other, at any time during the Consulting Term use any Confidential Information or divulge or disclose any Confidential Information to any person, firm or corporation except in connection with the performance of Consultant’s duties for the Client and in a manner consistent with the Client’s policies.
6. Regarding Confidential Information. Client and Consultant also covenant that at any time after the termination of this Agreement, directly or indirectly, they will not use any Confidential Information or divulge or disclose any Confidential Information to any person, firm or corporation, unless such information is in the public domain through no fault of the Client or Consultant or except when required to do so by a court of law, by any governmental agency having supervisory authority over the business of the Client or Consultant or by any administrative or legislative body (including a committee thereof) with apparent jurisdiction to order Client or Consultant to divulge, disclose or make accessible such information. All written Confidential Information (including, without limitation, in any computer or other electronic format) which comes into Client’s or Consultant’s possession during the Consulting Term shall remain the property of the originator. Except as required in the performance of Consultant’s duties for the Client, or unless expressly authorized in writing by the Client, Consultant shall not remove any written Confidential Information from the Client’s premises, except in connection with the performance of Consultant’s duties for the Client and in a manner consistent with the Client’s policies regarding Confidential Information. Upon termination of this Agreement, the Consultant agrees to return immediately to the Client all written Confidential Information (including, without limitation, in any computer or other electronic format) in Consultant’s possession.
7. Independent Contractor. It is understood and agreed that this Agreement does not create any relationship of association, partnership or joint venture between the parties. This Agreement is solely an agreement for Consultant to represent Client for certain Services and Programs relating to STPCV and Consultant is not the agent or legal representative for any other purpose whatsoever; and the relationship of Consultant to the Client for all purposes shall be one of independent contractor. Neither party shall have any right or authority to create any obligation or responsibility, express or implied, on behalf or in the name of the other, or to bind the other in any manner whatsoever.
8. Conflict of Interest. The Consultant and the Client hereby agree that there is no conflict of interest in connection with the retention by the Client of the Consultant, pursuant to this Agreement.
9. Waiver of Breach. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach.
10. Binding Effect; Benefits. None of the parties hereto may assign his or its rights hereunder without the prior written consent of the other parties hereto, and any such attempted assignment without such consent shall be null and void and without effect. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective successors, permitted assigns, heirs and legal representatives.
11. Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (a) when delivered in person, (b) three (3) business days after being mailed with a nationally recognized overnight courier service, or (c) three (3) business days after being mailed by registered or certified first class mail, postage prepaid, return receipt requested, to the parties hereto at:
If to the Client. Name: ____________________________
If to the Consultant: Guterman Partners, LLC
12. Entire Agreement; Amendments. This Agreement contains the entire agreement and supersedes all prior agreements and understandings, oral or written, between the parties hereto with respect to the subject matter hereof. This Agreement may not be changed orally, but only by an agreement in writing signed by the party against whom any waiver, change, amendment, modification or discharge is sought.
13. Severability. The invalidity of all or any part of any provision of this Agreement shall not render invalid the remainder of this Agreement or the remainder of such provision. If any provision of this Agreement is so broad as to be unenforceable, such provision shall be interpreted to be only as broad as is enforceable.
14. Governing Law; Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the law of the State of New York, without giving effect to the principles of conflicts of law thereof. The parties hereto each hereby submits herself or itself for the sole purpose of this Agreement and any controversy arising hereunder to the exclusive jurisdiction of the state courts in the State of Florida.
15. Headings. The headings herein are inserted only as a matter of convenience and reference, and in no way define, limit or describe the scope of this Agreement or the intent of the provisions thereof.
16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures evidenced by facsimile transmission will be accepted as original signatures.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written.
Consultant: Guterman Partners, LLC
Consulting Agreement printable PDF click here