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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 SD 0 0 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 0 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 0 0 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