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Home My WebLink AboutReso 1983-11430 ';'-~".-~'~; ,.._',....,'i'>:~.-:} ".",.,..~,'V -''''''' "'::"'- .-.....? :;,~..:.:< ';"'i'" :' c-....,' ~ ,.< ' . - .', -,.- .~ " , -. ~,' '," ~..t.;. .:', "j., - " - , RESOLUTION NO. 11430 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MR. AND MRS. JAMES N. MARSHALL TO PROVIDE A MOBILE HOME SPACE IN GREG ROGERS PARK IN EXCHANGE FOR CERTAIN CARETAKER SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Mr. and Mrs. JAMES N. MARSHALL, to provide a mobile home space in Greg Rogers Park in exchange for certain caretaker services dated the 1 st day of November , 1983, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. I. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. ". " ' . .- ~ '.' .., presen~ed by Approved as to form by . :t:~..J~ T~~. Harron,. '. City Attorney 111 CV1~~' GJ )~ Mark J. Pfi ter,lDirector of Parks & Recreation ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this I 19 83, by the fOll6wing vote, 1st day of November AYES: NAYES: ABSTAIN: ABSENT: Councilmen: to-wit: Scott, Malcolm, Moore, McCandliss ' . Councilmen : None Councilmen : None Councilmen : Mayor Cox . ATTEsra/?1~'07~~~ ~ 'CIty Clerk ~-/tt<UJ.~ MAYOR PRO TE~E STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ,) s s. CITY OF CHULA VISTA.' ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11430 ,and that the same has not been amended or repealed. DATED (seal) City Clerk- CC-660 - MpT AGREEMENT TO PROVIDE A MOBILE HOME SPACE IN GREG ROGERS PARK IN EXCHANGE FOR CERTAIN CARETAKER SERVICES THIS AGREEMENT made and entered into this 1 st day of November , 1983, by and between the CITY OF CHULA VISTA, a municipal corporatlon, hereinafter referred to as "C ity", and Mr. and Mrs. James N. Marsha 11 , hereinafter referred to as "Residents"; WIT N E SSE T H . ----------- WHEREAS, each year the City is required to expend large sums of money to replace or repair park property which is damaged or destroyed by vandalism, and WHEREAS, City desires to utilize a person or persons at various park sites in a resident caretaker capacity in an effort to reduce incidents of vandalism and theft and is willing to make available a mobile home space at various park sites as reciprocal payment for such services, and WHEREAS, City desires to provide on park property a mobile home site i nc luding a 11 necessary appurtenances and fi xtures and to pay the cost of utilities' and necessary services for the purpose of enabling a responsible person or persons, to install and occupy a mobile home on such site in return for ma inta in i ng survei 11 ance over the park grounds and to report to appropriate police and fire protection agencies and/or City authorities illegal or suspicious activities that are observed. NOW, THEREFORE, the parties to this agreement, in consideration of their mutual promises, agree as follows: 1. Mobile Home Space Location and Moving Costs Residents agree to place their mobile home on the Greg Rogers Park site on the space as provided by City. Residents further agree that total cost of moving home onto the park site is to be paid by Residents. 2. Installation, Maintenance, and Payment of Utility Services City agrees to install, maintain, and furnish utility connections and service for water, sewer, gas and electricity to the mobile home space. 3. Installation, Maintenance, and Payment for Telephone Service Residents agree to arrange for the installation of telephone service to the mobile home space and to pay directly to telephone company for such installation and monthly telephone charges. R- 11430 4. Installation and Maintenance of Other Appurtenances City agrees to provide for an appropriate patio deck and to maintain gravel, blacktop, or cement automobile parking areas and driveways. 5. Maintenance of Mobile Home Space Residents agree to maintain the mobile home site and all property situated thereon in a safe, clean and orderly manner. Planting of lawns, shrubs and trees, and upkeep of such plantings will be the responsibility of the Residents, after approval of the City as to the type of materials and plantings to be used for landscaping purposes. 6. Mobile Home and Property Insurance Residents agree to take out and maintain a mlnlmum of $100,000 public liability and property insurance and to provide coverage for the mobile home and other personal property and will furnish City with a certificate of said insurance. 7. Reciprocal Service Responsibilities of Residents Residents agree to maintain watchful care over the park property and buildings and contact the appropriate police and fire protection agency and/or City authorities when the need arises. Under the provisions of this agreement, it is intended that Residents make periodic surveillance of the park grounds, but not attempt in any way to apprehend any suspect of vandal ism or theft, nor to confront any suspect. Instead, appropriate authorities are to be contacted expeditiously and given complete details of the situation. A written report of activities occurring will be submitted weekly on report forms provided by the City. Under the provisions of this agreement, it is intended that persons or families serving as Residents carryon their normal living activities. It is not intended that such persons necessarily be available on a 24-hour a day basis. .Residents, however, are required to notify the Director of Parks and Recreation when they plan to be away from the site for an extended period of time in excess of 24 hours and on such occasions are expected to arrange for some other person to occupy the mobile home during this period of time. Under the provisions of this agreement, the Residents are under the direct supervi s i on of the Director of Parks and Recreat i on for all caretak i ng purposes. 8. Indemnity Residents hereby waive all rights, claims, or causes of action they may have now or in the future arising from City activities or from acts of City employees performing various City functions except liability or damages arising from the gross negligence or willful act of City, its agents, employees, or independent contractors. - 2 - [li~{) . 9. Assignment of Agreement Residents agree not to assign, lease, or sublease the mobile home site or any rights or obligations of this agreement without written consent of City. 10. Term of Agreemnt This agreement shall continue in effect from the date hereinabove written until such time as this agreement is terminated by Residents or City. Either party may terminate this agreement with thirty (30) days written notice to the second party. Residents agree that at the termination of this agreement, the mobile home will be removed from City property at the Residents' expense within thirty (30) days from the written notice of termination. Entire Agreement 11. Th is agreement embodies the ent ire agreement between the part i es. Both parties represent that in entering into this agreement they do not rely upon any previous representation, whether expressed, oral, or implied, or any inducement or agreement of any kind or nature. IN WITNESS WHEREOF, the parties have caused "this agreement to be executed as of the day and year first above written. . CITY OF CHULA VISTA RESIDENTS M'Y~4y~~ Qr. '.'" . .. .', .~ Att#4<~~)" ~~~ Clty C er ~A~91. $~ (J ~~ 9. ml'<-74LJf Approved as to form by: ~~ WPC 0190R - 3 - I (tf?;C