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HomeMy WebLinkAbout00291C - BLESI MONTE VISTA HOTEL PA1B1 414 NPC J PALM City of Pa Irn Sp ino- s March 4 , 1993 Mr. Larry Blesi HAND DELIVERED Mrs . Bell Blesi 414 North Palm Canyon Drive Palm Springs, CA 92262 RE: Hotel Management Agreement Dear Mr. and Mrs. Blesi: I have been directed by the Community Redevelopment Agency of the City of Palm Springs to give you notice of termination of above-referenced Hotel Management Agreement, pursuant to Section 5 . 3 thereof. Be advised the Agency intends to close the Monte Vista Hotel and tender possession of same back to Messrs. John and Frank Miller. You may wish to contact the Millers to see whether they might wish to continue your services. This termination shall be effective thirty (30) calendar days from and after the date of this letter. Upon receipt of this letter, please contact the undersigned, so that arrangements can be made for you to wind up your affairs, and to enable both you and the Agency to comply with the provisions of Section 5. 3 of the H Agreement. Vtr O W.Ex cutive Director RWP/e cc: David J. Aleshire, Esq. Agency General Counsel Mr. Frank Miller RECEIPT HEREBY ACKNOWLEDGED Mr. John Miller n/ Larry & Lois Blesi , Manager Amend #6 - Monte Vista Hotel AGREEMENT #291 (3 mo) R862, 6-Or3-92 AMENDMENT NO. 6 TO AGREEMENT FOR PERSONAL SERVICE CONTRACT This Amendment to the Agreement for Personal Service Contract ("Amendment") is entered into this day of _.- 1992, by and between the Community Redevelopment Agency of th City of Palm Springs, California, a municipal corporation ("Agency") and Larry and Lois (Bell) Blesi ("Manager"). Whereas, the Agency and Managers entered into an Agreement for Personal Services Contract ("Agreement") dated December 18, 1991 , for performing the management services at the Monte Vista Hotel; Whereas, Section 5.2 of the Agreement provides for the term to continue every three months thereafter, if approved in writing by both the Agency and the Managers; and Whereas, the Agency wishes to continue the operation of said hotel in an orderly manner; and NOW, THEREFORE, BE IT RESOLVED that the Community Redevelopment Agency of the City of Palm springs does hereby authorize the Sixth Extension (Amendment # 6) of the Personal Service Contract with Larry and Lois (Bell) Blesi for the management of the Monte Vista Hotel for the period commencing June 8, 1992, and ending September 5, 1992, a copy of said Amendment on file in the Office of the City Clerk, and in a form approved by City Attorney, is hereby approved as of the date first above written. ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS y distant Secretary C airman APPROVED AS TO FORM: David J. 0. _ MANAGERS: 'Larry Blesi /� ✓ Lois (Bell) Blesi Larry & Lois Amend #5, Montete Vista Hotel Managers - PA1131 AGREEMENT #291 AMENDMENT NO. 5 TO R857, 5-6-92 AGREEMENT FOR PERSONAL SERVICE CONTRACT This Amendment to the Agreement for Personal Service Contract ("Amendment") is entered into this z day of )-Y� >+ , 1992, by and between the Community Redevelopment Agency of the City f Palm Springs, California, a municipal corporation ("Agency") and Larry and Lois (Bell) Blesi ("Manager"). Whereas, the Agency and Managers entered into an Agreement for Personal Services Contract ("Agreement") dated December 18, 1991 , for performing the management services at the Monte Vista Hotel; Whereas, Section 5.2 of the Agreement provides for the term to continue monthly thereafter, if approved in writing by both the Agency and the Managers; and Whereas, the Agency wishes to continue the operation of said hotel in an orderly manner; and Whereas, the Agency desires to amend the Agreement to extend the Agreement for another 60 days, commencing April 9, 1992, and ending June 7, 1992. In witness whereof, the parties hereto have executed and entered into their Amendment as of the date first above written. ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS By������� o( �tGr u�9t✓ ss'r tant Secretary C airman APPROVED AS TO FORM: David J. 'Aleshire MA A ERS: l Larry Bles' Lois (Bell) Blesi `a 1 h J •'�"u_ .%"�;�.} �'.a'v' :i li v=,. �@.,n ;''Gr`-,C� r Larry & Lois Blesi , Managers PA1R1 Monte Vista Hotel Amend #4 AGREEMENT #291 R852, 3-18-92 - AMENDMENT NO. 4 TO AGREEMENT FOR PERSONAL SERVICES CONTRACT This Amendment to the Agreement for Personal Services Contract ("Amendment") is entered into this / day 1992 , by and between the Community Redevelopment Agency of the City of Palm Springs, California, a municipal corporation ("Agency") and Larry and Lois (Bell) Blesi ("Managers") . Whereas, the Agency and Managers entered into an Agreement for Personal Services Contract ("Agreement") dated December 18, 1991, for performing the management services at the Monte vista Hotel; and Whereas, Section 5.2 of the Agreement provides for the term to continue monthly thereafter, if approved in writing by both the Agency and the Managers; and Whereas, the Agency wishes to continue the operation of said hotel in an orderly manner; and Whereas, the Agency desires to amend the Agreement to extend the Agreement for another 30 days, commencing March 10, 1992 , and ending April 8, 1992 . In witness whereof, the parties hereto have executed and entered into their Amendment as of the date first above written. ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS i By �-iAssistant Secretary Chairman f APPROVED AS TO FORM: MANAGiRS: David J.P A eshire Larry Bles�ji'� Lois (Bell,) Blesi PA1B1 - Amend #3 - Monte Vista • Larry & Lois Blesi , Mgr. . AGREEMENT #291 R849, 2-19-92 AMENDMENT NO. 3 TO - -- AGREEMENT FOR PERSONAL SERVICES CONTRACT This Amendment to the Agreement for Personal �ryices Contract ("Amendment") is entered into this / � day of %ze , 1992 , by and between the Community Redevelopment Agency of the City of Palm Springs, California, a municipal corporation ("Agency") and Larry and Lois (Bell) Blesi ("Managers") . Whereas, the Agency and Managers entered into an Agreement for Personal Services Contract ("Agreement") dated December 18, 1991, for performing the management services at the Monte vista Hotel; and Whereas, Section 5. 2 of the Agreement provides for the term to continue monthly thereafter, if approved in writing by both the Agency and the Managers; and Whereas, the Agency wishes to continue the operation of said hotel in an orderly manner; and Whereas, the Agency desires to amend the Agreement to extend the Agreement ,for another 30 days, commencing February 9, 1992 , and ending March 9, 1992 . In witness whereof, the parties hereto have executed and entered into their Amendment as of the date first above written. ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM PRINGS Y �, "assistant Secretary Chairman APPROVED AS TO FORM: / y 1� ,� _l- L IyuL MAN�i /25�: David J.Weshire Larry Bl i ' Lois (Bell) Blesi Rl+C3E 9Cy Larry & Bell Belsi , Mgnt. • • Monte Vista Hotel - PA161 30 day Term AGREEMENT #291 R834, 12-18-91 HOTEL MANAGEMENT AGREEMENT THIS HOTEL MANAGEMENT AGREEMENT ("Agreement') is made this day of ;x.r1991, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE 'CITY OF PALM SPRINGS, CALIFORNIA, a public agency, corporate and politic (("Agency") Bell and Larry Blesi (Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1 .0 SERVICES OF CONTRACTOR 1 .1 Scope of Services. In compliance with all of the terms and conditions of this Agreement,the Contractor shall perform the duties of a hotel assistant manager at the Monte Vista Hotel located at 414 North Palm Canyon Drive, Palm Springs, California 92262 ("Hotel"). Said duties shall include the following: (1) act as managers of the Monte Vista Hotel and as such shall be responsible for supervising the: desk help, gardeners, pool man, maintenance man, pest control, housekeepers, and other service workers necessary for the operation of the Hotel: (11) provide routine maintenance for the Hotel; (III) prepare payroll, keep records of the expense and income of the hotel property, verify and maintain cash balance on a daily basis; (IV) register guests, take reservations, assign maids work, check rooms for damage, survey property for conditions, make up reservations list, answer letters, keep daily occupancy sheets, keep up daily chart and cash log, do promotions and public relations, check the maids in and out; (V) maintain office hours with the help of the desk help - seven days per week from 8 a.m. to 8 p.m. and later under exceptional circumstances; and (VI) contact the City when special services are needed. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of any federal, state or local governmental agency of competent jurisdiction. 1 .3 Reports. No later than the tenth (10th) day of each month during the term of this Agreement and at such other times as the Contract Officer, as hereinafter defined, shall request, Contractor shall give the Contract Officer a written report describing the work performed during the period of time since the last report and accounting for the specific expenditures of funds hereunder, if any. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be paid the amount of NINE HUNDRED SIXTY-NINE DOLLARS AND TWENTY THREE CENTS ($969.23) ("Contract Sum"). The Agency shall also reimburse Contractor for any expenses paid by Contractor with respect to its duties under the Agreement. Additionally, the Contractor shall be reimbursed for milage driven in their personal vehicle for approved hotel business. Such reimbursement shall be at the rate of TWENTY FIVE CENTS (25C) per mile. Total reimbursement during the term of the contract shall not exceed ONE HUNDRED DOLLARS ($100.00) per month. 2.2 Provision of Apartment. The Agency shall provide Contractor with an apartment located at the Hotel ("Apartment'). The Agency shall also pay all utilities with respect to the Apartment excluding telephone charges. Except for short term visits of less than one (1) week, no one other than the Contractor shall reside in the Apartment. n 2.3 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, including, but not limited to, the submission of reports as required pursuant to Section 1 .3 above, Contractor shall receive the Contract Sum bi-weekly and shall be reimburse any expenses paid by Contractor which as stated in the report and approved by the Contract Officer. Contractor shall provide the Agency with copies of all receipts for expenses. 2.4 Provision of Office Supplies The Agency shall provide Contractor with the necessary equipment to run an efficient office including desk, chair, typewriter, adding machine and other items as needed. 2.5 Provision of Initial Cash Balance. The Agency shall provide Contractor with an initial cash balance needed to operate on a daily basis, provide bookkeeping over and above the Hotel records as defined in Section 1 .1 , provide and pay for the services needed for the overall operation of the Hotel, and provide for taxes and insurance on the property and workers compensation for the maids. 3.0 COORDINATION OF WORK 3.1 Contract Officer. The Director of Economic Development is hereby designated as being the representative of the Agency authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Prohibition Against Subcontracting or Assignment Contractor shall not contract with any entity to perform in whole or in part of the work or services required hereunder without the express written approval of the Agency. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. Any such prohibited assignment or transfer shall be void. 3.3 Independent Contractor. Neither the Agency nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of Agency and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. 4.0 INDEMNIFICATION Contractor agrees to indemnify the Agency, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the sole negligence and/or willful misconduct of Contractor. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) In the event the Agency, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of the sole negligence and/or willful misconduct of Contractor hereunder, Contractor agrees to pay to the Agency, its officers, agents or employees, any and all costs and expenses incurred by the Agency, its officers, agents or employees in such action or proceeding, including but not limited to legal costs and attorney's fees. 5.0 DISCRIMINATION, TERMINATION AND ENFORCEMENT 5.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in this performance of the Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 5.2 Term. The term of this Agreement shall commence on December 10, 1991 for a period of 30 days and shall continue monthly thereafter if approved in writing by both the Agency and the Contractor. 5.3 Termination Prior to Expriration of term. Either party may terminate this Agreement at any time, with or without cause, upon Thirty (30) days written notice to the other party. Upon receipt of the NOTICE OF TERMINATION, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the NOTICE OF TERMINATION and Agency shall be entitled to reimbursement for any expenses which have been paid for but not rendered. 6.0 MISCELLANEOUS 6.1 Notice. Any notice, demand, request, consent or approval, or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent prepaid, first-class mail to the address set forth below: To Agency: Director of Economic Development City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 To Contractor: Bell and Larry Blesi 414 N. Palm Canyon Drive Palm Springs, CA 92262 6.2 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. . 6.3 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parities by and instrument in writing. 6.4 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 0 i IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public agency, corporation and politic By: Exe u a Director "Agency" ATTEST: Assistant Secretary APPROVED AS TO FORM: RUTAN & TUCKER David J.(Ale,Wre City Attorney APP,FPVED AS TO OhN�ENT: By: Q Direr or of Ec nomic D velopment By: Its: Motion No.: / LA(iR) LESI BELL BLESI "Contractor" . Larry & Bell Blesi , Mgr. Monte Vista Hotel - 30 Day Agr PA1131 - 414 NPC AGREEMENT #291 R830, 11-20-91 HOTEL MANAGEMENT AGREEMENT THIS HOTEL MANAGEMENT AGREEMENT ("Agreement") is made this day of 1991 , by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, a public agency, corporate and politic (("Agency") Bell and Larry Blesi (Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1 .1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the duties of a hotel assistant manager at the Monte Vista Hotel located at 414 North Palm Canyon Drive, Palm Springs, California 92262 ("Hotel"). Said duties shall include the following: (1) act as managers of the Monte Vista Hotel and as such shall be responsible for supervising the: desk help, gardeners, pool man, maintenance man, pest control, housekeepers, and other service workers necessary for the operation of the Hotel: (11) provide routine maintenance for the Hotel; (III) prepare payroll, keep records of the expense and income of the hotel property, verify and maintain cash balance on a daily basis; (IV) register guests, take reservations, assign maids work, check rooms for damage, survey property for conditions, make up reservations list, answer letters, keep daily occupancy sheets, keep up daily chart and cash log, do promotions and public relations, check the maids in and out; (V) maintain office hours with the help of the desk help - seven days per week from 8 a.m. to 8 p.m. and later under exceptional circumstances; and (VI) contact the City when special services are needed. 1 .2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of any federal, state or local governmental agency of competent jurisdiction. 1 .3 Reports. No later than the tenth (10th) day of each month during the term of this Agreement and at such other times as the Contract Officer, as hereinafter defined, shall request, Contractor shall give the Contract Officer a written report describing the work performed during the period of time since the last report and accounting for the specific expenditures of funds hereunder, if any. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be paid the amount of NINE HUNDRED SIXTY-NINE DOLLARS AND TWENTY THREE CENTS ($969.23) ("Contract Sum"). The Agency shall also reimburse Contractor for any expenses paid by Contractor with respect to its duties under the Agreement. Additionally, the Contractor shall be reimbursed for milage driven in their personal vehicle for approved hotel business. Such reimbursement shall be at the rate of TWENTY FIVE CENTS (25C) per mile. Total reimbursement during the term of the contract shall not exceed ONE HUNDRED DOLLARS ($100.00) per month. 2.2 Provision of Apartment. The Agency shall provide Contractor with an apartment located at the Hotel ("Apartment"). The Agency shall also pay all utilities with respect to the Apartment excluding telephone charges. Except for short term visits of less than one (1) week, no one other than the Contractor shall reside in the Apartment. 2.3 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, including, but not limited to, the submission of reports as required pursuant to Section 1 .3 above, Contractor shall receive the Contract Sum bi-weekly and shall be reimburse any expenses paid by Contractor which as stated in the report and approved by the Contract Officer. Contractor shall provide the Agency with copies of all receipts for expenses. 2.4 Provision of Office Supplies. The Agency shall provide Contractor with the necessary equipment to run an efficient office including desk, chair, typewriter, adding machine and other items as needed. 2.5 Provision of Initial Cash Balance. The Agency shall provide Contractor with an initial cash balance needed to operate on a daily basis, provide bookkeeping over and above the Hotel records as defined in Section 1.1, provide and pay for the services needed for the overall operation of the Hotel, and provide for taxes and insurance on the property and workers compensation for the maids. 3.0 COORDINATION OF WORK 3.1 Contract Officer. The Director of Economic Development is hereby designated as being the representative of the Agency authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part of the work or services required hereunder without the express written approval of the Agency. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. Any such prohibited assignment or transfer shall be void. 3.3 Independent Contractor. Neither the Agency nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of Agency and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. 4.0 INDEMNIFICATION Contractor agrees to indemnify the Agency, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the sole negligence and/or willful misconduct of Contractor. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) In the event the Agency, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of the sole negligence and/or willful misconduct of Contractor hereunder, Contractor agrees to pay to the Agency, its officers, agents or employees, any and all costs and expenses incurred by the Agency, its officers, agents or employees in such action or proceeding, including but not limited to legal costs and attorney's fees. • - c - 5.0 DISCRIMINATION, TERMINATION AND ENFORCEMENT 5.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in this performance of the Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 5.2 Term. The term of this Agreement shall commence on November 10, 1991 for a period of 30 days and shall continue monthly thereafter if approved in writing by both the Agency and the Contractor. 5.3 Termination Prior to Expriration of term. Either party may terminate this Agreement at any time, with or without cause, upon Thirty (30) days written notice to the other party. Upon receipt of the NOTICE OF TERMINATION, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the NOTICE OF TERMINATION and Agency shall be entitled to reimbursement for any expenses which have been paid for but not rendered. 6.0 MISCELLANEOUS 6.1 Notice. Any notice, demand, request, consent or approval, or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent prepaid, first-class mail to the address set forth below: To Agency: Director of Economic Development City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 To Contractor: Bell and Larry Blesi 414 N. Palm Canyon Drive Palm Springs, CA 92262 6.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.3 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parities by and instrument in writing. 6.4 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public agency, corporation and politic By: Exe ive Director "Agency" ATTEST: Assistant Secretary APPROVED AS TO FORM: RUTAN & TUCKER David J. Aleshire City Attorney APPROVED AS TO CONTENT: By: Director of Economic Development By: Its: Motion No.: LAR SI BELL BLESI "Contractor"