HomeMy WebLinkAboutAgenda Report - November 17, 1999 E-12Oq� ORP
CITY OF LODI COUNCIL• I •
AGENDA TITLE: Caretaker's Apartment at Hutchins Street Square
MEETING DATE: November 17, 1999
PREPARED BY: Charlene J. Lange, Community Center Director
RECOMMENDED ACTION:
That the City Council approve the agreement for the caretaker's apartment at Hutchins Street
Square.
BACKGROUND INFORMATION:
When re -construction began on the Senior Complex ten years ago, plans included a caretaker's
apartment that would be utilized by an individual as an on-site watchman during the hours the
facility is not in use. The intention was also that this watchman would be available to assist in
rental openings/closings to alleviate overtime hours by the Square's maintenance staff.
As the renovation of the theatre and conference facilities was completed, the activity on site has
increased tremendously and the need for an on-site watchman has magnified. The facilities are
booked regularly every weekend with two to three venues being used at the same time, as well as
weekday evening use.
The opportunity for vandalism has increased and for safety and security reasons, as well as the
need for maintenance staff relief during evening and weekend rentals, the idea of a watchman has
become a necessity.
Bennett Construction has stepped forward and volunteered the manpower and labor to complete
the apartment and will soon be ready to occupy.
Tenant will be charged for City furnishing sewer, water, trash, electricity and for natural gas.
FUNDING: None
1h'aarle-ne J. a
Community Cen er Director
CJUty
APPROVED:
H. D4xon Flynn -- City Manager
CITY OF LODI
CARETAKER'S AGREEMENT
Lodi, California 1999. City of Lodi, (City) and
agree as follows:
1. Tenant shall reside in the apartment on the site prepared and provided by City at the
Hutchins Street Square site effective
(Tenant)
2. For cost -covering purposes, City will charge rent for furnishing Tenant with sewer and water
service, use of City's trash service (for personal refuse only), electricity and/or
Natural gas. Tenant will pa -11y amount of payable as follows:
In advance of the first of every month. Any rent not received by the 25`h
Of the month will incur a $10.00 late fee. Failure to make such payment
Promptly may be cause of termination of this tenancy. The rent shall be
Paid at
3. Tenant will maintain and pay for his/her own telephone service.
4. The purpose of this agreement is to provide "Vandal Watch" supervision of the facilities and
grounds in exchange for reduced rental costs of an apartment. Tenant agrees to maintain a
vigilant "watch" of the Hutchins Street Square facilities. Tenant WILL NOT ATTEMPT TO
PERSONALLY PROVIDE POLICE SERVICES, but will, as the need arises, immediately
summon Lodi Police Department.
5. Tenant shall become familiar with activities and appropriate use of facilities after business
hours. Tenant may contact the site manager and obtain information regarding activities. City
recognizes that it may be difficult for Tenant to determine who may or may not be authorized
to be on site at any given time. Therefore, Tenant shall report to appropriate police personnel
the presence of unsupervised groups of people loitering on or about the premises, activities or
the presence of suspicious people which would indicate to a responsible person that criminal
conduct and/or inappropriate activity has occurred, is occurring or may occur. Tenant should
make periodic walk-through of the grounds after business hours for the purposes of becoming
familiar with broken windows, signs of vandalism or other breaches in building security.
6. City recognizes that Tenant is not a trained police or security officer and, therefore, Tenant, as
an independent contractor and not as an employee or agent of City by virtue of this agreement,
shall use his/her best judgement regarding time periods and circumstances in which walk-
through or building inspections should be conducted.
7. Tenant will be responsible for five nights per month to unlock facilities for after hour use -
clients, not to exceed two Saturday evenings per month. Procedures and instruction will come
from the maintenance supervisor.
8. Tenant will serve as the "emergency sub call out" when necessary and be vigilant and alert to
the needs that may include, but not limited to, contact with the alarm company, the air
conditioning subcontractor, or the plumbing subcontractor. The tenant will then notify the
maintenance supervisor.
9. Tenant agrees to always keep the gates and doors to the patio closed and secure. The licensing
of the Adult Day Care Facility depends on a closed environment and it will be the tenant's
responsibility to insure the area is secure.
10. The tenant is aware the Adult Day Care program operates from 6:30 am. to 6:00 p.m., Monday
through Friday and activities commonly associated with those programs can often be noisy,
including loading and unloading of handicapped vehicles, playing of a piano and singing. Also,
the tenant is to make sure there is no loud music or disturbing activities within the apartment
that may disrupt the day-to-day activities of the day care facility.
11. Tenant shall not attempt to contact, confront or apprehend any suspicious person at the site.
In addition, Tenant shall immediately notify the appropriate police agency of unusual sounds or
suspicious noises occurring after business hours and shall keep the facilities under surveillance
but shall not investigate the source of the noise or disturbance. If Tenant contacts, approaches
or apprehends any person on or around the site, Tenant does so at his/her own risk and City
assumes no responsibility for Tenant's actions or injuries to Tenant as the result of Tenant's
actions.
12. Tenant recognizes and acknowledges that he/she is not an agent or employee of the City of
Lodi by virtue of this agreement, and that Tenant is responsible for the manner, method and
means by which he/she surveils the site. Tenant's sole responsibility as a "Vandal Watch
Tenant" is to report suspicious activities to the appropriate police agencies and notify the site
manager of discovered breaches of site security, damage or vandalism.
13. Tenant's failure to make reasonable efforts to monitor and surveil the site shall be cause for
termination of the tenancy.
14. Tenant is encouraged to carry on a normal living experience and is N0T EXPECTED to
provide a presence 24 hours every day. Tenant is expected to notify the site manager 48 hours
in advance when he/she plans to be away for more than two nights (weekend) or on vacations
so alternate arrangements can be formulated.
15. Tenant will maintain comprehensive general liability policy of not less than $300,000 CSL and
said policy will name the City as an additional insured. Further, Tenant agrees to indemnify and
hold the City harmless of any liability from damages or injury arising from incidents caused by
or involving Tenant, Tenant's personal property, home, family and/or visitors.
16. The Tenant will maintain the apartment and all his/her property situated therein, in a safe, clean
and orderly manner. Failure to maintain the apartment or immediate premises in an acceptable
manner shall be cause for termination of this tenancy. In the event Tenant fails to maintain the
apartment and his/her property situated therein in a safe, clean and orderly manner, the City
may do so and charge a reasonable fee for services provided by the City relating to maintenance
of Tenant's apartment and property therein. No storage other than the square footage of the
apartment is available or promised.
17. Occupants authorized by this agreement are limited to members of the Tenant's immediate
family.
18. Tenant may not keep pets in the apartment. Failure to comply with this clause shall be cause
for termination of the tenancy.
19. Parking for personal vehicles will be limited to two spaces on site. There is no space for the
storage of recreational vehicles.
20. Personal use of the patio for after-hours activities, such as barbecuing or picnicking must be
worked out with the Senior Center Coordinator.
21. his mutually agreed that either parry may terminate this tenancy by giving fifteen (15) days
written notice. If either party brings an action to enforce to this Agreement, the prevailing
party shall be entitled to recover costs of suit including reasonable attorney's fees, costs of
expert witnesses, costs associated with depositions and all other reasonable fees and costs
incurred therein. This tenancy is not transferable and premises cannot be sublet.
22. This contract is not available to permanent, full-time employees of the City of Lodi.
23. This agreement represents the entire agreement between the panics and any other prior written
or oral discussions or agreements between the parties are of no force or effect. This agreement
may be amended only by a writing signed by both parties.
LESSEE CITY OF LODI
Name H. Dixon Flynn, City Manager
Date Date
Approved as to form:
Attest:
Alice M. Reimche, City Clerk
A_Aaptagmanent
9/21/99