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HomeMy WebLinkAboutContracts & Agreements_114-2003recommending that gyms, health clubs, exercise facilities, and wellness centers be permitted in the C-1 and C-2 zones with a conditional use permit and recommended initiation of an ordinance text amendment to allow this process Councilmember Peppier felt this should be taken care of at the staff level, rather than City Council, and moved that this matter be re-examined for furthei clarification and review Motion seconded by Councilmember Haws and carried unanimously Settlement Agreement - Karla Kreissig - A settlement and release agreement with Karla Kreissig was withdrawn from the agenda at the request of Ms Kreissig Settlement Agreement - Chnstopher Perez - On motion of Councilmember George, seconded by Councilmember Peppier, the City Council unanimously acknowledged a settlement agreement with Christopher Perez and authorized the Mayor and City Clerk to execute the agreement on behalf of the City The City Council authorized settlement of this matter in closed session and this release reflects the terms and conditions for said settlement Resolution No 6160 - Traffic - On motion of Councilmembei George, seconded by Councilmember Peppier, the City Council unanimously adopted Resolution No 6160, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code install raised reflectonzed markers on the existing crosswalk located at Redlands Boulevard, on the north side of State Street, and install pedestrian crosswalk signs and "Ped Xing Ahead" signs at both approaches to the crosswalk and remove the existing crosswalk on the south side of State Street Agreement - Pacific Alarm Service - On motion of Councilmember George, seconded by Councilmember Peppier, the City Council unanimously approved general agreements with Pacific Alarm Service for security systems and fire alarms at various City facilities and authorized the Mayor and City Clerk to execute the agreements on behalf of the City. Lease Extension - RCMA - Mission Gables Bowl House - On motion of ................ Councilmember George, seconded by Councilmember Peppier, the City Council unanimously approved an extension of five years to the lease with the Redlands Community Music Association for the Mission Gables Bowl House at 168 South Eureka Street and authorized the Mayor and City Clerk to execute the document on behalf of the City Agreement - CDBG - On motion of Councilmember George, seconded by Councilmember Peppier, the City Council unanimously approved the 2003-2006 Community Development Block Grant City/County Delegate Agency agreement and authonzed the Mayor and City Clerk to execute the agreement on behalf of the City June 3, 2003 PACIFIC ALARM SERVICE, INC. 521 Wellwood Avenue • Beaumont, Calif 92223 GENERAL AGREEMENT Beaumont Office — (909) 845-1666 Hemet — (909) 658-7811 Redlands — (909) 793-1001 Consumer Affairs Lic #ACO -99 CSLB Lic #606372 Trills agreement between PACIFIC ALARM SERVICE, hereinafter called ALARM COMPANY and clti of Redlands - CMC Cerner - Bldg. A !•ierelnafer Galled 'Subsodber, WITNESSETH in consideration Nall the cavenarits herein to be peffaimed Dy the Subscriber, the Alarm Company hereby agrees to nista and maintain a burglar alarm system on 1ne premises ortne Subscriber at 15,_„calori St., Redlands for a period of 1 fears commencing July 01,2003 S ftERULE Bungler Alarm System wtitr Centel men Illepttortnq and trilled Signaling io Redlands Police Deportment Treasurer'sOffice Digital onfoff keypad with alpha/numeric display, mutts user codes, selective partitioning, panic and bypass capattttttfes Contact double entry doom, hallway door, north perimeter door, hallway and phone room doors/ Three passive IMpared poly treat detectors - interior detection =nes Offioe. Digital onion keypad wIth alphsfnumerlc display, mukl-user codes, selective partitioning, panic and bypass capabliities Contact north perimeter double doss east and west perimeter doors and two south doors Contact two interior doors One ceiling mount. 360 degree tndared body heat detector - Interior detection One long range. Infrared body neat detector In front emrance Interior detection Six trrhared body treat detectors In Woes wttti windows inferior detection Finance Department. Digital onfoff keypad with alpnafnt1meric display, nen-hoer codes, selective partionirg, panic & bypass cdpaDif files Contact trorri double perimeter doors One 360 degree ceding mount. Intl ed body heat detector Inlerfor detection- Fire Departmerd. Digital 011101! keypad wen alphanumeric display mutu-user codes, selective partftfoifrg, panic & bypass capabilities One wamount, trialed body heat detector interior detection Contact west perimeter double doors & south perimeter doors continues on page 2 1 ' TERM PAYMENT RENEWAL Subscriber agrees to pay to the Alarm Company installation charge of $ Upon the execution of this agreement. He further agrees to pay to the Alarm Company $ Al -5 per month service charge payable as follows $ 300.50 300E50 first monlh's charge payable upon execution of this agreement and $ on the first day of each and every month, it is agreed that the sums to be paid by Subscriber are in consideration of the execution of this agreement and/or the renewal thereof and the installation of said system and upon default by Subscriber of any of the terms or conditions herein contained the Alarm Company may, at its option, declare any principal balance hereunder to become immediately due and payable All charges set forth in this Agreement are based on existing federal, state, local taxes license fees and utility charges In the event of any increase or additional Taxes fees utility or government charges related to the installation of the service herein described the Subscriber agrees to pay the additional casts which may be imposed Unless thirty days before the expiration of the term thereof written notice is given by the Subscriber to the Alarm Company of the termination of this agreement the same shall be automatically renewed on a year to year basis subject to all the terms and conditions herein contained 2 TITLE TO EQUIPMENT, REMOVAL OF SYSTEM Subscriber acknowledges and agrees that this agreement is for the providing service only and that except as hereinafter provided the major components installed herein including but not limited to transmitters, detection devices bell boxes and controls shall at all limes remain the sole property of Company Upon the expiration of this agreement or upon any default as herein set forth Company is authorized to enter upon the premises of Subscriber and to remove all of the Company owned equipment . Removal of Company owned equipment shall be without prejudice to the collection of any and all sums due under the entire contract or extensions or renewals thereof Subscriber shall, in such event return the said Company equipment to Company in good condition reasonable wear and tear expected Upon completion of the installation title to all of the nonrecoverable equipment, material supplied including but not limited to, wire, cable conduit, screens and the labor for the installation of the system shall vest in the Subscriber Notwithstanding the foregoing during the term of this agreement, Subscriber will not damage encumber tamper with or dispose of any portion of this system Or permit the system to be damaged encumbered, taken from the premises, tampered with, or repaired by anyone who is not an authorized agent of Company. Subscriber agrees than the Installation of the Company owned equipment does not create a fixture to Subscriber's premises as to that equipment 3 DEFAULT BY SUBSCRIBER ATTORNEY'S FEES If Subscriber fails to pay any amount provided herein within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions within ten (10) days after Company shall have requested it in writing performance thereof or if Subscriber makes any assignment for the benefit of creditors, Company shall have the right, but shall not be obligated to exercise any one or more of the following remedies (a) Recover the existing amount due from Subscriber and continue to service the system in which case Company shall be entitled to recover, in addition the monthly payments due under the Agreement for said services, or (b) Remove the alarm system upon five (5) days written notice 10 Subscriber at Subscriber's address fisted above and recover from Subscriber all sums Company may be entitled to under law. in the event of termination of the Agreement or upon expiration of this Agreement Company shall have the immediate right to remove the equipment which shall not be considered to constitute a breach of this Agreement or a waiver by company of any of its rights Company shall not be responsible for damage caused 10 Subscriber's premises by reason of the removal of the alarm system from Subscriber's premises In the event it shall become necessary far Company to institute legal proceedings to collect the cost of installation of the monthly service charge as set forth herein then and in such proceedings the unsuccessful party shall pay to the successful party reasonable attorney's fees where permitted by law 4 SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM/AUTHORIZED PERSONNEL The Subscriber shah carefully and properly test and set the alarm system immediately prior to the securing of the premises It any detect in operation of the system develops, or in the event any interruption at Subsc3riber's premises Subscriber shall notify Company immediately. Company shall repair any defective equipment within a reasonable time alter receipt of such notice If space protection is part f said system, Subscriber shall walk test the system each day or at such other time as Subscriber shall close his premises in the manner recommended by Company Subscriber agrees to furnish Company forthwith a written list of the names, titles residences, residence phone numbers and signatures of all persons authorized to enter the premises of Subscribers+during regularly scheduled closed periods and/or be notified in the event of an alarm, and with a written daily and holiday opening and closing schedule including janitor's schedules All charges revisions and modifications to the above shall be supplied to Company in writing 5 COMPANY IS NOT AN INSURER, LIMITATION OF LIABILITY. LIQUIDATED DAMAGES It is understood and agreed That the Company is not an insurer, that insurance if any shall be 'obtained by Subscriber that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber's prope o the property of others located on Subscriber's premises Subscriber acknowledges that it is impractical and extremely difficult to lix the actual damages, if any, which may proximately rm a failure to perform any of the obligations herein or the failure of the system to properly operate with resulting loss to Subscriber because of among other things (a) The uncertain amount of value of Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the system or service is designed to detect or avert, (b) The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of signal being received or an audible device sounding (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Company's failure to perform or its equipment to operate (d) The nature of the service to be performed by Company Subscriber understands and agrees that if Company should be found liable for loss or damage due from failure of Company to perform any of the obligations herein including but not limited to installation maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever Company's liability shall be limited to a sum equal to the total of six (6) monthly payments or Two Hundred Fifty ($250.00) dollars whichever is the lesser as liquidated damages and not as a penalty and this liability shall be exclusive and that the provisions of this Section shall apply if loss or damages, irrespective of cause or origin, results directly or indirectly to persons or property from performance or nonperformance of the obligations imposed by this contract, or from negligence, active or otherwise, of Company, its agents assigns or employees If subscriber wishes Company to assume a limited liability in lieu of the liquidated damages as hereinabove set forth Subscriber may obtain from Company a limitation of liability by paying an additional monthly service charge to Company If Subscriber elects to exercise this option a rider shall be attached to this agreement setting forth the terms conditions and the amount of the limited liability and the additional monthly charge Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer 6 COMPANY'S LIABILITY/DISCLAIMER OR WARRANTIES COMPANY DOES NOT REPRESENT OR WARRANT THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR