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04-0706_SHAW, KAY_Management Services Agrft AGREEMENT FOR MANAGEMENT SERVICES - R.V. STORAGE YARD FACILITY This Independent Contractor Agreement is made this 6`h day of July 2004, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as "Agency") and Kay Shaw (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, the Agency owns an R.V. Storage Yard in the City of San Juan Capistrano at 31771 Los Rios Street within the Los Rios Historic District, City of San Juan Capistrano; and WHEREAS, Consultant has demonstrated an expertise in the operation and management of the R.V. Storage Yard located at 31771 Los Rios Street; and NOW, THEREFORE, be it mutually resolved between the Agency and Consultant as follows: Scope of Consultant's Services. Kay Shaw shall reside on the business premises of the R.V. Storage Yard located at 31771 Los Rios Street, San Juan Capistrano, California, in order to keep the property under surveillance and to manage the daily business affairs of the R.V. Storage Yard in an efficient, friendly manner. Definite duties shall include, but are not limited to, handling public inquiries, rentals, agreements, billings and collection of monies, and assuring that entry gates are operational at the appointed hours. 2. Place of Consultant's Services to be Provided. Consultant shall provide the services set forth in Paragraph 1 at 31771 Los Rios Street, San Juan Capistrano, California. 3. Compensation. Compensation to Consultant for this service will be provided by the Agency in the following manner: provide suitable living quarters; and payment of utility and business telephone expense. Compensation in the amount of Seven Hundred Fifty Dollars ($750.00) per month will be paid on the 251h of each month for that month. 4. Term. The term of this Agreement shall be month to month until the time of commencement of the construction of the parking lot as specified in the Los Rios Precise Plan. This Agreement may be terminated without cause by either party giving thirty (30) days advance written notice. 5. Independent Contractor Relationship. (A) At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the Agency. The Agency shall have the right to control 7 1.1 Consultant only insofar as the results of the Consultant's services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Consultant accomplishes the services rendered pursuant to this Agreement. (B) The parties agree and acknowledge that this is not a landlord -tenant relationship and therefore state law governing landlord -tenant relationships is inapplicable. Consultant Not and Agency. Except as Agency may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of the Agency in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind Agency to any obligation whatsoever. Miscellaneous Matters. Consultant agrees to cooperate with Agency during the closure of the storage lot. No Assignments. This Agreement may not be assigned. Notices. Any notices to be given under this Agreement shall be in writing, placed in the first class mail with postage prepaid, as follows: Agency Dave Adams Executive Director Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 Consultant Kay Shaw 31771 Los Rios Street San Juan Capistrano, CA. 92675 10. Entire Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. No other agreement, statement, or promise made by any party or to any employee, officer, or agent of any party that is not in writing and signed by all the parties to this Agreement shall be binding. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. ATTEST: R. Monahan, City Clerk APPROVED AS TO FORM: v John R. w, City Attorney COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO: fgaarf7' KESSME CONSULTANT By: Kay haw, Consultant