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HomeMy WebLinkAboutReso 1981-10657 RESOLUTION NO. 10657 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUL/\ VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHUIA VISTA AND BRIDGET AND JOHN CARNEY TO PROVIDE SECURITY SURVEILLANCE IN ROHR PARK IN RETURN FOR THE USE OF AN APARTMENT IN ROHR MANOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Ci ty Council of the Ci ty 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 CHUIA VISTA, a municipal corporation, and BRIDGET and JOHN CARNEY to provide security surveillance in Rohr Park in return for the use of an apartment in Rohr Manor dated the 13th day of October , 19 81, 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. 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. Presented by Approved as to form by ~ .::. of George D. Lindberg, City Attorney ADOPTED AND APPROVED CHUL/\ VISTA, CALIFORNIA, this 198-1-, by the following vote, by the CITY COUNCIL of the CITY OF 13th day of October to-wi t: AYES: Councilrren Scott, Hyde, Gil1ow, Cox NAYES: Councilrren None ABSENT: Councilrren McCand1iss (J~ ~/~ ~ . /)." ~ ~ Mayor of the City of Chula ATTE ~'1fI~t.~?<<~~~ Ci ty Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) Vista I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED-- City Clerk Form No. 342 Rev. 7/81 Revised 10/6/81 AGREEMENT TO PROVIDE SECURITY SURVEILLANCE IN ROHR PARK IN RETURN FOR THE USE OF AN APARTMENT IN ROHR MANOR THIS AGREEMENT, made and entered into this 13th day of October , 1981, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City" and BRIDGET and JOHN CARNEY, hereinafter referred to as "Tenant/Resident" ; WIT N E SSE T H : ----------- WHEREAS, the City has experienced an increasing level of vandalism in the parks throughout the City which has become extremely costly in terms of replacement or repair of park property, and WHEREAS, it is felt that such vandalism can be reduced or mitigated by locating a permanent resident caretaker in those parks, and WHEREAS, the City now desires to provide in Rohr Park an apartment in Rohr Manor for a resident caretaker who will assume responsibility for maintaining surveillance over the park grounds and to report to appropriate police and fire protection agencies or other City authorities, illegal or suspicious activities which may result in damage or destruction of City property and thus reduce incidents of vandalism and theft. , NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. City Estab1ishment of Apartment Residence. City hereby agrees to establish a suitable apartment residence in Rohr Manor for an individual and/or a family acceptable to the City. 2. Duties of Tenant/Resident. Tenant/Resident agrees in return for utilization of the Rohr Manor security residence apartment as home and leasehold to pay a maintenance, base monthly telephone service charge and utility fee of TWO HUNDRED DOLLARS ($200) per month and to maintain a reasonable degree of surveillance over the grounds of Rohr Park and report to the appropriate pOlice and fire protection agencies and City authorities any illegal or suspicious activities tha.t are observed. Payment of said !ll3.intenance, telephone and utility fee shall be made to the Director of Finance on or before the tenth day of each month. Tenant/Resident further agrees to pay any possessory interest tax or such other taxes as may be required by the State of California or the County of San Diego. 3. Uti1ity Service. City agrees to install, !ll3.intain and furnish utility connections and service for water, sewer, gas and electricity to the apartment and to !ll3.ke direct payment for such services.. -1- 1(/tJ?6J 4. Installation, Maintenance and Payment for Telephone Service. Tenant/Resident agrees to arrange for the installation of telephone service to the apartment and pay directly to the telephone company such charges for said installation and the monthly base telephone charge including all message units and long distance calls. The cost of said installation charge for one telephone and the first month's base monthly telephone cost shall be deducted from Tenant/Resident's first prorated maintenance, telephone and utility fee. It is further agreed that the $200 monthly maintenance, telephone and utility fee established in Section 2 hereof shall be reduced by the monthly base telephone charge for one telephone. Any additional phone installations or telephone service, including long distance calls, additional message units and base monthly telephone service shall be paid directly by the Tenant/Resident to the telephone company. 5. Apartment Maintenance and Upkeep. Tenant/Resident agrees in accordance with standard landlord tenant practices to keep and maintain the premises in a clean and sanitary condition at all times and upon termination of the tenancy shall surrender the premises to City in as good a condition as when received, ordinary wear and damage by the elements excepted. City agrees to provide necessary maintenance and repair of the Rohr Manor apartment. Tenant/Resident further agrees to promptly notify City of any repairs which may be needed. All alterations, additions, or improvements made in and to said premises shall, unless otherwise provided by written agreement between the parties hereto, be the property of City and shall remain upon and be surrendered with the premises. 6. Tenant Insurance. Tenant/Resident agrees to purchase and maintain adequate public liability insurance and to provide total coverage for all personal property which he may own on the premises and furnish City with a certificate of said insurance. Liability insurance shall be in an amount not less than $100,000. 7. Surveillance Responsibility of Tenant/Resident. Tenant/Resident agrees to maintain an alert and watchful surveillance over the park property and building and to contact appropriate police and fire protection agencies or City authorities as the need arises. Tenant/Resident is specifically restricted from acting in any way to apprehend or arrest any person suspected of vandalism or theft, but shall merely report same to the appropriate City authority. It is intended that the person or family serving as Tenant/Resident shall conduct their lifestyle in a normal and customary manner of living in an apartment aside from the responsibility for such surveillance and such persons are not intended to be available on a 24-hour a day basis. However, Tenant/Resident is required to notify the Director of Parks and Recreation when there are plans to be away from the site for an extended period of time, i.e., in excess of 24 hours, and on such occasions is expected to arrange for some other person to occupy the apartment during this period of time. Tenant/Resident shall be under the direct supervision of the Director of Parks and Recreation for all caretaking purposes. 1/- /rJ?,57 -2- 8. Indemnity. Tenant/Resident hereby waives all rights, claims, or causes of action he 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. 9. Assiqnment of Agreement. Tenant/Resident agrees not to assign, lease or sublease the apartment or any rights or obligations of this agreement without written consent of City. 10. Term of Agreement. This agreement shall be in execution on a month to month basis by either Tenant/Resident or City. hereby granted may be terminated at hereto by giving to the other party prior notice in writing. effect from the date of until such time as terminated This agreement and the tenancy any time by either party not less than thirty (30) days 11. Repairs at Expense of City. Except as to any condition which makes the premises untenantable, Tenant/Resident hereby waives all right to make repairs at the expense of City as provided in Section 1942 of the Civil Code of the State of California, and all rights provided in Section 1941 of said Civil Code. 12. Entire Agreement. This agreement embodies the entire agreement between the parties. 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 hereto have caused this agreement to be executed the day and year hereinabove written. THE CI'rY OF CHULA VISTA TENANT/RESIDENT ~~~6 Mayor he City of Ch ~ . W- fit!7- BRt~ CARNE &7 Attes ~u. CARNEY I," / City Approved as to form by ~~.(~ City Attorney If - /N.51 -3-