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
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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