04-0706_SHAW, KAY_Agenda Report_C1ft
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 orderto 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 25"' 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.
6. 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.
7. Miscellaneous Matters. Consultant agrees to cooperate with Agency during
the closure of the storage lot.
8. No Assignments. This Agreement may not be assigned.
9. 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.
Ll
0
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first written above.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF SAN JUAN CAPISTRANO:
11107A m
Bathgate,Diane 'l
CONSULTANT
By:
Kay haw, Consultant
ATTEST:
R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. w, City Attorney
0
32400 PASEO ADEI ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sonjuancapistrano. org
July 7, 2004
Kay Shaw
31771 Los Rios Street
San Juan Capistrano, CA 92675
Dear Ms. Shaw:
�y IANAVAAARA
aiaWSHED 1961
V76
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
Enclosed is an executed, original agreement for management services — R. V. Storage
Yard Facility. The agreement was approved by the Board of Directors of the
Community Redevelopment Agency at their July 6, 2004 meeting.
You may proceed with work under this agreement in coordination with the Project
Manager, Diane Regier, Management Analyst 1 (949) 443-6304.
Yours truly,
/^ —
V�—
Meg a an, CMC
City perk
Agreement
cc: Diane Regier, Management Analyst I
Cynthia L. Russell, Administrative Services Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0
CRA 7/6/2004
C1
AGENDA REPORT
TO: Dave Adams, Executive Director QK^
FROM: Cindy Russell, Finance Officer
SUBJECT: Consideration of Agreement for Management Services at the Recreational
Vehicle (R.V.) Storage Yard Facility (Kay Shaw)
By motion, approve the agreement for management services for the R.V. Storage Yard
Facility with Kay Shaw in the amount of $750 per month, and authorize the Agency
Chairman to execute the agreement.
SITUATION:
Kay Shaw has been the resident manager of the R.V. Storage Yard since November of
1984 when the Agency acquired the property. Ms. Shaw collects all rents and remits
them to the Agency, as well as oversees activities at the yard with an eye for security
and compliance with rules and regulations. She also handles all inquiries and
complaints from renters.
The Agreement with Ms. Shaw provides for a payment of seven hundred fifty dollars
($750) per month for management services, and on-site living quarters. At the June 1,
2004 meeting, the Agency Board approved closing the R.V. Storage Yard facility to
accommodate a public parking lot as part of the Los Rios Specific Plan. The Board
directed that closure of the R.V. Storage Yard would be concurrent with the construction
of the parking lot.
Based on this direction, the new agreement for services has been updated to reflect a
month-to-month arrangement with Ms. Shaw. Kay Shaw's 20 years of experience in
managing the storage lot will be crucial assistance needed for the closure of the lot.
Ms. Shaw possesses knowledge of the trade and has a solid relationship with the
tenants. These skills will benefit the City until the lot is closed.
At this time, staff recommends that the Agency enter into the attached agreement to
continue the management services provided by Kay Shaw on a month to month basis or
until commencement of the parking lot construction.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
N/A
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Agenda Report
Page 2
FINANCIAL CONSIDERATIONS:
Compensation for management of the facility is as follows:
0
July 6, 2004
(1) Living quarters with an office facility are provided to the manager; utilities and a
business phone are provided; and
(2) Seven hundred fifty dollars ($750) per month is paid to the manager; and,
(3) The funds were approved in the FY 2004-05 budget.
NOTIFICATION:
Kay Shaw *
RECOMMENDATION:
By motion, approve the agreement for management services for the R.V. Storage Yard
Facility with Kay Shaw in the amount of $750 per month, and authorize the Agency
Chairman to execute the agreement.
Respectfully submitted,
Cindy Russell
Prepared by:
�"� Diane C. Regi
Attachment:
1. Independent Contractor and License Agreement
L]
11
AGREEMENT FOR MANAGEMENT SERVICES - R.V. STORAGE YARD FACILITY
This Independent Contractor Agreement is made this 6' 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, Cityof 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 25' 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
ATTACHMENT
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Consultant only insofar as the results of the Consultants 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.
6. 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.
7. Miscellaneous Matters. Consultant agrees to cooperate with Agency during
the closure of the storage lot.
8. No Assignments. This Agreement may not be assigned.
9. 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.
9 0
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first written above.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF SAN JUAN CAPISTRANO:
By:
Diane Bathgate, Chairman
CONSULTANT
By: I21 .C7 /=10
Kay haw, Consultant
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. S*w, City Attorney
•
32400 PASEO AOEI-ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
wwwsanjIvan capistrano. org
July 7, 2004
JVAIII*
t//5,,,,yy' IA[OAVAAAiFO
• tsiAlusem 1961
1776
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF ACTION BY THE
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
SAM ALLEVATO
DIANE L. SATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
On July 6, 2004 the San Juan Capistrano Community Redevelopment Agency met
regarding: "Consideration of Agreement for Management Services at the
Recreational Vehicle (R.V.) Storage yard Facility (Kay Shaw)" Item No. (C1).
The following action was taken at the meeting: Agreement for management services
for the Recreational Vehicle storage yard facility with Kay Shaw, in the amount of
$750 per month, approved; and the Agency Chairman authorized to execute the
agreement.
The following documents are in the process of being executed: Agreement for
Management Services
If you have any questions regarding this action, please contact Diane C. Regier,
Management Analyst I at 443-6304 for more detailed information.
Thank you,,,
Mitzi Orfst
Deputy City Clerk
Cc: Kay Shaw; Diane C. Regier, Management Analyst I
San Juan Capistrano: Preserving the Past to Enhance the Future
411 !
San Juan Capistrano
Community
Redevelopment
Agency NOTIFICATION OF MEETING OF POTENTIAL INTEREST
SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY
The Board of Directors of San Juan Capistrano Community Redevelopment Agency will
meet at 7:00 p.m. on July 6, 2004, in the City Council Chamber in City Hall, to consider:
"Consideration of Agreement for Management Services at the Recreational
Vehicle (R.V.) Storage yard Facility (Kay Shaw)" — Item No. C1
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the Board of
Directors through correspondence addressed to the Board and/or by attending the
meeting and speaking to the Board during the public meeting.
Correspondence related to this item must be received at City Hall by 12:00 p.m. on
Tuesday, July 6, 2004 to allow time for the Board to consider its content.
If you would like to speak at the meeting, please complete a blue "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Chairman
when the item is considered.
You have received this notice at the request of the City staff member Diane C. Regier,
Management Analyst I. You may contact that staff member at (949) 443-6304 with any
questions.
The Community Redevelopment Agency agenda is available to you on the City's web
site: www.sanjuancapistrano.org.
Thank you for your interest,
Meg Monahan, CMC
City Clerk
cc: Kay Shaw*; Diane C. Regier, Management Analyst I
* Received staff report
32400 Paseo Adelanto
San Juan Capistrano
California 92675
949-493-1171