17-0919_VETERANS OF FOREIGN WARS_E14_Agenda Report7iipikti7iF
E12City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: �*en Siegel, City Manager
SUBMITTED BY: Dori Budde, Director of Community Services �r6
DATE: September 19, 2017
SUBJECT: Consideration of License Agreement and Full Fee Waiver
Request for Monthly Use of Nydegger Building (Veterans of
Foreign Wars)
RECOMMENDATION:
Approve the proposed License Agreement between the City of San Juan Capistrano
and Veterans of Foreign Wars (VFW) for the use of the Nydegger Building and its
kitchen; and,
2. Waive City fees for use of Nydegger Building, and its kitchen, on the first Wednesday
of every month for VFW to conduct business meetings; and,
3. Authorize City Manager to execute up to three additional one year term extensions.
EXECUTIVE SUMMARY:
The Veterans of Foreign Wars (VFW), a nonprofit organization, has requested City
approval to conduct business meetings from 6:30 p.m. to 8:45 p.m. at the City -owned
Nydegger Building on the first Wednesday of every month. The Nydegger Building is
located at 31421 La Matanza Street, adjacent to the Chamber of Commerce. The VFW
is also asking for access to the kitchen on site during the meeting. The VFW is seeking
a full fee waiver for the facility rental in accordance with Administrative Policy 606
(Attachment 1).
DISCUSSION/ANALYSIS:
The VFW is a 501(c)(3) nonprofit organization that has participated in many community
activities, such as Memorial Day events, Veterans' Day programs, and the Swallows
Day Parade. According to the VFW, the majority of their members reside in San Juan
Capistrano. They previously used the Nydegger Building with an arrangement similar to
City Council Agenda Report
September 19, 2017
Page 2of3
the one requested, prior to renting alternate accommodations which proved too costly.
The VFW would now like to return to using the Nydegger Building and the on-site
kitchen to hold their monthly meetings. Additionally, they are requesting a full waiver of
the associated rental fees. According to the VFW, if the full fee waiver is granted, they
will utilize the funds saved to support the community of veterans in San Juan Capistrano
(Attachment 2).
On August 21, 2017, the Parks, Recreation, Youth and Senior Services, Trails and
Equestrian Commission recommended that City Council approve the fee waiver request
(Attachment 3).
A proposed License Agreement, which includes a two-year term with three optional one-
year extensions, is included for Council consideration and approval (Attachment 4).
FISCAL IMPACT:
If approved, the fee waiver request would result in a potential annual loss of $1,303.44
in revenue for the City, provided the facility would otherwise be rented during the
requested times.
ENVIRONMENTAL IMPACT:
The fee waiver request is covered by Section 15061(b)(3), the general rule that the
California Environmental Quality Act (CEQA) applies only to projects which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA. A waiver of a facility use
permit fee would not be an activity with potential to cause significant effect on the
environment and therefore exempt from CEQA.
CITY COUNCIL REVIEW:
Not applicable.
PRIOR COMMISSION/COMMITTEE/BOARD/ REVIEW AND RECOMMENDATIONS:
On August 21, 2017, the Parks, Recreation, Youth and Senior Services, Trails and
Equestrian Commission recommended that City Council approve VFW's fee waiver
request. Chair Perrin, Jr. from the Parks, Recreation, Youth and Senior Services, Trails
and Equestrian Commission will be present to answer questions.
NOTIFICATION:
Joseph Love, VFW Commander
City Council Agenda Report
September 19, 2017
Paae 3 of 3
ATTACHMENTS:
Attachment 1 — Administration Policy #606
Attachment 2 — Documentation from VFW
Attachment 3 — 08/21/2017 Staff Report and Minutes Excerpt
Attachment 4 — Proposed License Agreement
ADMINISTRATIVE POLICY
DATE ADOPTED 4/16/96 POLICY NO, 606
REVISED 2/16/99
REVISED '11/02/99
REVISED 09/0.5/00
REVISED 11121/05
CITY MANAGER PAGE 1 OF 8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF.
CITY FACILITIES (I.E.-PARKS, BUILDINGS, ATHLETIC FIELDS AND
GYMNASIUM)
PURPOSE: To establish a policy with procedures defining how to ,qualify for
consideration of a reduction or waiver of City facility rental fees.
It is the City's position to support activities that will bring recreational, cultural, educational,
and/or social benefits to the City, while nurturing and encouraging positive relationships
among those organizations whose work benefits the overall City. Therefore, upon request,
the City may consider reducing or waiving facility rental fees and related facility use
permits.
It is not the intent of this policy to reduce or waive fees associated with any labor of City
employees, including Police -Services.
Criteria for Consideration of Fee Reductions or Waivers
A. The partial or total waiver of fees for facilities shall 'be limited to:
• Southern Orange County -based not-for-profit organizations that provide service
to. San Juan Capistrano residents.
• Regionally -based not-for�profit health organizations that provide health-related
service to San Juan Capistrano residents (i.e. American, Cancer Society,
American Diabetes Association, American Heart Association, American Red
Cross, City of Hope).
• San Juan Capistrano businesses hosting an activity that is for the benefit of the
community; the business. will NOT receive monetary benefit from the activity.
B. The Community Services Department shall grant priority consideration for the
approval of a fee reduction or waiver request if the group has, in the past, provided
contributions to the City, such as those listed below:
Contributions may include, but not be limited to, any of the following forms:
• Monetary contributions
• In-kind_ services (i,e, equipment, donations)
• Significant number of volunteer service hours
ATTACHMENT 1
ADMINISTRATIVE POLICY
POLICY NO, 506
PAGE 2 OF 8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES' (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND
GYMNASIUM)
C, The Director of the Community Services Department shall be authorized to grant up
to a 25% reduction in facility rental fees.
D. The City Martager si)all.be authorized to grant up to
a 25% reduction in facility rental fees.
E, The City Council shall be authorized to grant up to a 50% reduction in facility rental
fees.
F. Capistrano Unified School District (GUI SD) MAY receive a fee red uction/waiverfor a
City facility when requested for activities such as;
• Teacher in -services trainings
• Administrative tea'inings/meetings
If room set -uptake -down is required, CUSD shall be responsible for those staffing
costs. If any portion of the request is before/after regular business hours, costs
associated with staff supervision of the facility during those hours shall be the
responsibility. ofCUSD.. For all facility usage, CUSD shall be required to submit the
refundable cleaning and compliance deposit.
Facility use requests that will NOT be considered for a fee reduction shall be
activities such as: banquets, awards ceremonies, fund-raisers, park usage,
performances, or activities that are an extension of a classroom.
G. Decisions regarding the granting, of fee reductions or waivers should tak6 into
consideration the following criteria:
I . How dollars saved from the facility fee reduction would be used.
2. Does the renter contribute significantly to the community by providing a
service or filling a need that ordinarily would not have been provided?
3. To what extent does the activity being held benefit the community as a
whole?
4. How many of the proposed attendees are residents of San Juan
Capistrano?
5. Has, City staff identified facility location alternatives to minimize City
costs and revenue loss to the City?
ADMINISTRATIVE POLICY
POLICY NO. 606
PAGE 3 OF . 8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND
GYMNASIUM)
6. Is the event intended to generate revenue through a participant fee,
fundraiser, or admission? Could facility use fees be passed along to
attendees?
7. Is the fee reduction/waiver request consistent with the intent of this
policy?
S. San Juan Capistrano businesses requesting consideration, for a fee
reduction must -provide written documentation that the activity is for the
benefit of the community, and that the business will not receive
monetary benefit from the activity.
Procedure
A. Groups requesting a facility rental fee reduction/waiver are to submit a
completed "Facility Use Application", along. with a written letter request that
addressed all the areass listed. in "G" on page.2 of this policy. This letter is to
be addressed to the Community Se rvices'Di rector or. designee.
B. Community Services Department staff is to identify any impact the request
has upon the department budget or projected revenues. The Community
Services Department shall review the request with any affected departments
if outside his/her jurisdiction. This shall be given significant consideration -in
determining if a renter shall receive a reduction/walver of fees.
C. Community Services Department staff shall determine whether an alternate
City�owned facility location is available that meets the applicant's needs,
while minimizing cost and revenue loss to the City.: If alternate facility
locations are available, fee reductions or waivers shall apply to the alternate
facility only.
D. How to qualify as a San Juan Capistrano not-for-profit organization (required
Information must be submitted with the Facility Use Application),
The organization must. be registered as a not-for-profit organization with
the State of California.
If not registered with the State,, must have a constitution or bylaws which
clearly state that the objectives of the organization are of not-for-profit,
non-commercial nature.
ADMINISTRATIVE POLICY
SUBJECT: REQUESTS FOR
CITY FACILITIES
GYMNASIUM)
Appeals
POLICY NO, 606
PAGE 4 OF 8
FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
(LE. PARKS, BUILDINGS, ATHLETIC FIELDS AND
The organization must submit the following:
If incorporated, submit copy of State incorporation papers and bylaws.
- If not incorporated, submit copy of constitution and/or bylaws.
Tl7e organization's membership must be at. least 51% San Juan
Capistrano residents.
Attach current membership roster with complete addresses, including
zip codes.
Any applicant aggrieved by any decision rendered by the City shall have the right of
appeal from such decision to the City Manager. The City Manager, upon hearing
such appeal, shall determine whether the decision rendered was in accordance with
the purpose and. intent of this policy, and any other applicable policies.
Appeals to the City Manager shall be submitted and processed as follows:
A. Within five (5) working days after receiving notice of the decision rendered,
any applicant aggrieved by same may file a: written letter of appeal with the
Office of the City Manager. Such written appeal shall briefly state the action
or decision. appealed froimlhe basis for such appeal.
B. Upcn receipt of such appeal, the City Manager shall, schedule a meeting with
the renter/applicant and shall hear and consider any relevant oral and/or
written evidence pertaining to such matter including, but not limited to, staff`
reports submitted in conjunction therewith.
C. The burden of proof shall be upon the appealing party to show that the
decision rendered was not within the scope of the authority granted by this
policy.
D, The action of the. City Manager, at the conclusion of the meeting, shall be. to
sustain, overrule, or modify in whole or in part, the decision rendered. The
determination of the City Manager shall be final and conclusive, with the:
exception of fee reduction or waiver requests: submitted forlCity Council
consideration.
ADMINISTRATIVE _POLICY
SUBJECT; REQUESTS FOR
CITY FACILITIES
GYMNASIUM)
POLICY NO. 606
PAGE 5 OF 8
FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
-(I..E. PARKS, BUILDINGS, ATHLETIC FIELDS AND
CITY OF SAN JUAN CAPISTRANO
COMMUNITY SERVICES DEPARTMENT
FEE REDUCTION ELIGIBILITY
CITY PARK RENTALS
ELIGIBLE FOR
CONSIDERATION
CATEGORY
PRIORITY
CLASSIFICATION
FOR FEE
REDUCTION?
A
1
San Juan Capistrano -based non-profit
Yes
San Juan
organizatlons
Capistrano
Residents/Non-
Profits
2
San Juan Capistrano residents
No
B
3
San Juan Capistrano businesses
Yes
San Juan
conducting activitles to benefit the
Capistrano
community
Businesses and
Non -Sr Juan
Capistrano
Non-Proflts
4
San Juan Capistrano businesses
conducting activities to benefit their
business
No
5
Non -San Juan Capistrano non-profit
Yes
organizations
C
6
Non -San Juan Capistrano residents
No
Non -San Juan
Capistrano
Residents and
Businesses
7
Non -San Juan Capistrano businesses
No
ADMINISTRATIVE POLICY
POLICY NO, 606
PAGE 6 OE 8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES (I,E. PARKS, BUILDINGS, ATHLETIC FIELDS AND
GYMNASIUM)
CITY OF SAN JUAN CAPISTRANO
COMMUNITY SERVICES DEPARTMENT
FEE REDUCTION ELIGIBILITY
CITY BUILDING RENTALS
ELIGIBLE FOR
CONSIDERATION FOR FEE
CATEGORY
PRIORITY
CLASSIFICATION
REDUCTIQN7
A
1
San Juan Capistrano -based
Yes
San Juan
non-profit organizations
Capistrano
Residents/Non-
Profits
2
San Juan Capistrano residents
No
B
3
San Juan Capistrano businesses
Yes
San Juanconducting
activities to benefit the
Capistrano
Community
Businesses and
Non,San Juan
4
San Juan Capistrano businesses
No
Capistrano Non-
Profits
conducting activities to benefit their
business
5
Non -San Juan Capistrano non-profit
Yes
organizations providing service to San
Juan Capistrano residents
C
5
Non -San Juan Capistrano residents
No
Non -San Juan
Capistrano
Residents and
Businesses
7
Non -San Juan Capistrano buslnesses
No
ADMINISTRATIVE POLICY
POLICY NO, 606
PAGE 7 OF 8.
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES (1,E, PARKS, BUILDINGS,.; ATHLETIC FIELDS AND
GYMNASIUM)
CITY OF SAN JUAN CAPIST.RANO
COMMUNITY SERVICES DEPARTMENT
FEE REDUCTION ELIGIBILITY
CITY ATHLETIC FIELD, RENTALS
ELIGIBLE FOR
PRIORITY
CLASSIFICATION
CONSIDERATION
FOR FEE
REDUCTION?
1,
City -sponsored or co-sponsored events, or any use mandated by
Yes
City -approved lease or agreements
2.
Programs run by nationally recognized youth sport groups which
Yes
are based In San Juan Capistrano
1
Programs run by organized senior groups. which are,based In San
Yes
Juan Capistrano
4.
Programs run by private; not-forL-proflt schools: which are based in
Yes
San Juan Capistrano
51.
Club teams/Invitational-only !earns which are run by nationally
Yes
recognized youth sport groups and Which are based in San Juan
Capistrano
8,
Programs run)by organized youth andtor adult sport groups based
Yes
In San Juan Capistrano
7.
Not-for-profit community/recreatloniii/eiducationel/,public service
Yes
groups whIch are based In San Juan Capistrano
8,
San Juan Capistrano -based business (not-for-profit use, or
Yes
conducting activity that benefits the community)
9.
San Juan Capistrano resident
No
10.
San Juan Oapi-strano-based business (for profit use)
No
111.
Nonresident Individual or group (not-fbr-profit use)
No
12,
Nonresident Individual or group (for profit use)
No
ADMINISTRATIVE POLICY
POLICY NO. 606
PAGE 8 OF 8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES (I.E. PARKS, BUILDINGS,'ATHLETIC FIELDS AND
GYMNASIUM)
CITY OF SAN JUAN CAPISTRANO
COMMUNITY SERVICES DEPARTMENT
FEE REDUCTION ELIGIBILITY
CITY GYMNASIUM RENTALS.
ELIGIBLE FOR
CATEGORY
PRIORITY
CLASSIFICATION
CONSIDERATION FOR
FEE REDUCTION?
1
Clty-sponsored or co-sponsored events, leagues and
Yes
programs.
z
City -approved lease or agreement such as the Boys and
Yes
Girls Club.
Programs conducted by nationally recognized not-for-profit
3.
youth. sport groups with open enrollment, which are
Yes
CATEGORY I
established in San Juan Capistrano.
San Juan
Programs. conducted by nationally recognized not for-profit
Capistrano
4,
adult and senior citizensports groups with open enrollment,
Yes
Residents/
whlch�are established in San Juan Capistrano.
Not-for-profit community/recreational/educational/public
Non -Profits
5.
service groups which are established in San Juan
Yes
Capistrano.
Club teams/invitational-only teams run by nationally
6,
recognized youth sport groups, which are established in
Yes
San Juan Capistrano,
San Juan Capistrano -based non-profit private schools
7.
using the gymnasium for a not-for-profit use, or conducting
Yes
an activity that benefits the community.
San Juan Capistrano -,based non-profit private schools
8.
using the gymnaslum for a private activity, or an activity that
No
does NOT benefit the community,
CATEGORY II
Businesses and private schools located In San Juan
g.
Capistrano using the gymnasium for a not-for-profit use, or
Yes
San Juan
conducting activity that benefits the community.
Capistrano
Businesses
10.
Businesses and private sports camps that are located in
No
and
San Juan Capistrano using the
p g gymnaslum for profit use.
Not-for-proflt community/educational/public service groups
Non -San Juan
Capistrano
11.
which are not established in San Juan Capistrano.
Yes
Non -Profits
CATEGORY III
Businesses and private sports camps that are not located
in San Juan Capistrano using the gymnasium for profit use.
No
Non -San Juan
12
Capistrano
Residents and
Businesses
Matthew Haviland
VETERANS OF FOREIGN WARS
VFW SERRA POST 3801
31878 Del Obispo ST, STE 118-184
San Juan Capistrano, CA 92675
Quartermaster, VFW Serra Post 3801
31878 Del Obispo ST, STE 118-184
San Juan Capistrano, CA 92675
July 30, 2017
Dori Budde, Community Service Director
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92675
Re: Request for Fee Reduction
Dear Dori,
VFW Serra Post 3801 a 501 (c) (3) nonprofit corporation is requesting the consideration of
a fee reduction for the rental of the Nydegger building. Our organization would like to
conduct its monthly meeting business on the first Wednesday of every month from 6:30 pm
to 8:00 pm. Over the last 50 years this veteran body has participated in many city
functions, such as conducting Memorial Day and Veteran's Day programs, along with
marching in the Swallows Day Parade. The majority of our membership resides here in the
city of San Juan Capistrano. Our Post is proposing to occupy requested site rent-free on the
bases of past practice. This will allow our organization to use its assets for the community
of veterans here in San Juan Capistrano. Serra Post 3801 has previously used the Nydegger
building before and would again accommodate us well by allowing us a kitchen, bathroom
and more room for our future new membership of wartime veterans. This building will
provide a stable environment for combat veterans, a place to assemble and contribute our
population of veterans.
Thank you for your consideration.
Respectfully,
J05,EP1-JIF LOVE J
Commander, VF erra Post 3801
ATTACHMENT 2
-" ,>>= SAN JVAiN ✓AP,S-RAMC
COMMUNI7v SERVICES DEPARTMENT
FACILITY/PARK USE PERMIT
25925 --ANIINO SAN J!JAN CAPISTRANO CA 92675
TELEPHONE: 949-493-5911 FAX 1949 661-6661
L_.
Blame of Organization: Email:'
Name of Applicant:J"„4Z' Phone:
Address of Applicant:
StreetdF�s City Zip Code
Purpose of Rental: , " I t
Description of Activities (Please include all activitie r ,^ :' ✓* . > '-f3
ATE(S) OF ACTIVITY: ' i G ; i BUILDINGS: PARKS:
} COMMUNITY HAUL: ;Cook k ParlrlLa Novia:
Circle s FULL ❑2/3 ❑ 1/3 �Ifi ❑ Picnic/BBQ Area
v Sun ®n Tue Thu Fri Sa Kitchen ❑Porch Patio Green Belt
Number of rental hours ,5_ F"i Athletic Field
COURTYARD
ISet-up Time: Begin at j�-ys- pend at MEETING ROOM- Seats 30 w/tables
Event Hours: Begin at -, ar, end at �, �%r CONFERENCE ROOM -14 chairs/table � Descanso Park
!Clean-up Time: Begin at ` i ' end at can be modified to seat 30 max -smaller chairs ❑ Historic Town Center Park
Number in Attendance: ff SITE ❑ Los Rios Park
3 �*3yde er Building ❑Kitchen ❑®THER
is activity open to the public? hI 7 1La Sala: Auditorium eCourtyard a
Will there be a char a to attend? t J Foyer Kitchen
ALCOHOLIC BEVERAGE INFORMATION -N C T -:,DR PARu u ; .A W5
Will alcoholic beverages be served at your activity? Yes No
Will alcoholic beverages be sold at your activity? Yes No
If alcoholic beverages are to be served or sold:
1. A liquor permit application form must be attached to this application (applies to facility use only).
2. Alcoholic beverages will be allowed on site only if a City -issued liquor permit has been issued for this activity.
3. Alcoholic beverages must be served by and served to persons 21 years of age and older.
4. When alcohol is to be sold, a photocopy of the Alcoholic Beverage Control license must be submitted to the City a minimum of
seven (7) working days prior to the event.
F
m
reservation application permit is issued in accordance with the policies outlined Boa
dl inistrative Policy Flo, 610. All reservationforms must be signed and returnedalong with all
before consideration of use approval lCJr � � C , seria tan a:ppq}ca6on permit
aes not crops itute approval. Permits require a minimum of fourteen ('14) days to process.
In case of an emergency after business flours, please call:
(949) 678-4084, (949) 878-4982 or (949) 493-117-1
PLEASE. READ AND SIGN:
1. 1 hereby certify that I understand the regulations related to renting City facilities. I certify that I, and the attendees of this activity, will abide by the City
facility regulations.
2. I, the undersigned, hereby certify that I will be personally responsible for any damages to the facilities and/or equipment that occurs during the time
of this activity.
3. 1 understand that I am responsible for the actions of attendees of this activity.
4. 1 hereby agree to indemnify and hold harmless the City of San Juan Capistrano and any of its officers, agents, employees, and/or volunteers from
any liability, claim, or action or damagest resulting or in pny way arising out of this facility usage. I agree to provide liability insurance, a liability
endorsement form, and security guard(s),for t is ren I, the City may require.
5. 1 understand that a copy of the regulaiidns rr atet'cr ranting City facilities is available to me upon my request, and it is my obligation to request this
document. r
Signature of Applicant"' +l f Date liy-'
Fo,, Cflca U rJi 1 ®Special Activities Permit Required
FEES: Paid by: Check Amount
Facility Rental hours x $ /hour = $ Check No.
Liquor Permit = $ Cash Amount
Cleaning/Compliance Deposit = b
Liability Insurance = $
Kitchen = $ Credit Card ;Number
Patio/Porch/Other = $
Electricity hours x $ /hour = $ Expiration V Code
Total =$
Date Received by Community Services Department: By: Book: _ Computer Cal.: Data: _ Copies:
Request: Approved Denied
Authorized Signature: Date Approved/Denied:
(PLEASE COMPLETE THE FOLLOWING PAGE)
FACILITY USE PERMIT MUNICIPAL CODE REQUIREMENTS
1. Requests to use generators, tents, gazebos, public address system, pony rides, bounces houses, or any portable
structure must be included on the facility use application. Other permits may be required. Based upon the nature of the
event, additional City staff may be imposed as a condition of approval. Any expense incurred as a result of conditional
requirements shall be the responsibility of the applicant.
2. Renter is to ensure that the activity and/or the volume on the P.A. systems do not become disruptive to the businesses
and residents neighboring the City buildings. Noise is prohibited after 9:00 p.m. Should an activity become disruptive to the
neighborhood, renter will be asked to either turn down or turn off the volume on P.A. system. Failure to comply will result in
facility use cancellation and all fees will be forfeited by the renter.
3. Renter must submit a site plan depicting the proposed location of sound system and the direction of all speakers for City
approval and revision.
4. Nydegger Building: No live amplified music. Amplification is limited to "Public Address System", which consists of an
integrated microphone, amplifier, and speaker sound system. All amplification must remain indoors, with doors closed.
5. Library Courtyard
(1) No music during library hours
(2) No use of amplification during library hours
(3) Renter and guests must not use the library facility as part of their event
EVENT CHECKLIST
(Check applicable boxes for your event)
AFTER THIS CHECKLIST IS SUBMITTED, WE WILL NOTIFY YOU AS TO WHICH ITEM(S) WILL BE APPROVED
SPECIAL ACTIVrN PERMIT
Alcohol* see Special Activities permit (SAP) Requirements if needed
Amplified iylusic*"+
DESCRIBE SOUND SYSTEM:
Balloons
Portable Signs ` see Special Activities permit (SAP)
Requirements if needed
DESCRIBE WHAT TYPES OF SIGNS:
Barbecue: ❑Gas []Charcoal ❑Wood
Bounce House Name of Company --
Candies
Canopy or Tent*
Catered** see Special activities Permit (SAP) Requirements if needed
Non -catered' see Special Activities permit (SAP) Requirements if needed
Dance floor
D.J.*
Fencing (Temporary)* see Special Activities Permit (SAP) Requirements it needed
Foos/
DESCRIBE FOOD TYPES,
Live Entertainment" see Special activities Permit (SAP) Requirements if needed
DESCRIBE:
Security'
Stage*
Other: (DESCRIBE ANYTHING NOT LISTED ABOVE)
'Special Activities Permit or von,][iion `lw! Be Raquired By City and/or 10ther�A, enc s
'0 AN1PLI lCAT!ON AT CITY PAR"" PAST 5
one of the Above
Signature: date:
j
�r
J
City of San Juan Capistrano
Facility Rental Information
PLEASE NOTE
• Your application is NOT approved at this time.
There is NO guarantee that your application will be approved. Please note that your
application could be denied.
• Please submit only your cleaning and compliance deposit payment with your
completed facility use application During the review of your application, the actual fees
will be determined and you will be contacted regarding those fees and arrangements
will be made regarding payment.
• The review process does not begin until all documents have been received by the
Com. Additional time is required when event has alcohol, or other special
considerations are requested.
• Prices quoted on the worksheet are estimates, During the review process, it may be
determined whether adjustments must be made to the estimate. You will be notified if
fee adjustments are required.
• Your activity may require liability insurance. security wards a recyclfna Plan, a
quest list, etc. If required, the guest list must be submitted one week prior to the event
Once your application is submitted, there will be a preliminary application review. It will
then be determined whether additional services will be required (at renter's expense),
such as liability insurance, security guards, a recycling plan, a guest list, etc.
• When security guard service is required, guards must be on site from the time set up
begins until the time clean up ends.
. The review process cannot move forward without a confirmation letter from the
security guard service or a recycling plan from CRBR (if required), or without insurance
0 documents (if required and if providing own insurance).
• NOTE: Any request(s) for special consideration will delay the review/approval
process
• Weddings/Receptions: Renter must be bride or groom, or parent of bride or groom.
Photo identification will be required, along with proof of residency
• For all rentals: a person to be on site to conduct a walk-through at the very beginning
of the rental, remain on site throughout the rental, and conduct a follow-up walk-through
at thee eno of the entai w use be designated This person will cue
• One contact person!!! The City considers the persons name listed on the
application as the contact person All discussion between City and renter will go
through this one person This person is the only one who can make changes
associated with the facility use.
I have read and understand the above listed items, and agree to abide by the
informati stated
Jiorf
Signq&irg(of A -p ic t Date
State of California
` Secretary of State 129
Statement of Information
(Domestic Nonprofit, Credit Union and General Cooperative Corporations)
Filing Fee: $20.00. If this is an amendment, see instructions.
IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM
1 CORPORATE NAME
VFW Serra Post 3801
2. CALIFORNIA CORPORATE NUMBER C3943742
Complete Principal Office Address (Co not abbrevlate the name of the oily. Item 3 cannot be a P.O_ Box.)
1 STREET ADDRESS OF PRINCIPAL OFFICE IN CALIFORNIA, IF ANY CITY
31877 Dei Obispo Suite 101 San Juan Capistrano
4. MAILING ADDRESS OF THE CORPORATION Crry
31877 Del obispo Suite 101 San Juan Capistrano
16-111232
FILE®
Secretary of State
State of California
SEP 2 7 2016
This Space for Filing Use Only
STATE ZIP CODE
CA 92675
STATE ZIP CODE
CA 92675
Names and Complete Addresses of the Following Officers (The corporation must list these three officers, A comparable title for the specific
officer may be added; however, the preprinted titles on this form must not be altered.!
S. CHIEF EXECUTIVE OFFICERr ADDRESS CITY STATE ZIP CODE
Arthur Hasselbrink 27375 Paseo La Serna San Juan Capistrano CA 92675
6. SECRETARY ADDRESS CITY STATE ZIP CODE
Thomas Hunn 32172 Avenida Los Amigos San Juan Capistrano CA 91675
7 CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE
Julian Ramos 111 26281 Via De Gavilan San Juan Capistrano Ca 92675
Agent for Service of Process If the agent is an individual, the agent must reside n California and Item 9 must be completed with a Callfornia street
address, a P 0. Box address Is not acceptable. If Line agent Is another corporation, the agent must have on Ole with the California Secretary Of State a
certificate pursuant to California Cnrparalions Code section 1505 and Item 9 must be left blank.
9. NAME OF AGENT FOR SERVICE OF PROCESS
Arthur Hasselbrink
7 STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIOUAL CITY
27375 Paseo La Serna
San Juan Capistrano
STATE ZIP CODE
CA 91675
Common Interest Developments
to• 1__! Check here if the corporation is an association formed to manage a common interest development under the Davis -Sliding Common Interest
(Development Act, (California Civil Code section 4000, el seq, or under the Commercial and Industrial Common Interest Development Act.
(California Civil Code section 6500, et seq.). The corporation must rile a Statement by Common Interest Development Association (Form SI -CID) as
required by California Civil Code sections 5405(a) and 6760(a). Please see instructions on the reverse side of lhls form.
11 THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT - _ 7
9/21/16 Arthur Hasselbrink Commander
DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TILE SIGNATURE
Si -100 (REV'0112016) APPROVED BY SECRETARY OF STATE
ARTS -PB- Articles of incorporation of a
501 (c)(3) Nonprofit Public Benefit Corporation
To form a nonprofit public benefit corporation in California, you can fill out this
form or prepare your own document, and submit for filing along with:
A $30 filing fee.
A separate, non-refundable $15 service fee also must be included, if
you drop off the completed form or document
lmporfantl California nonprofit corporations are not automatically exempt from
paying California franchise tax or income lax each year A separate application
is required in order to obtain tax exempt status. For more information, go to
haps://www.ftb.ca.gov/businesses/exempt_organizations or call the California
Franchise Tax Board at (916) 845-4171.
Note: Before submitting this form, you should consult with a private attorney for
advice about your specific business needs.
3943742
FILED
Secretary of State
State of California
ICY
^,�, SEP p 7x(116
This Soace For Office Use
For questions about this form, go to www.sos.ca.gov/business/befriling-tips,htm
Corporate Name (List the proposed corporate name. Go to www.sos,ca.govlbusinesslbeiname-availability.hlm for general corporate name requirements
and restrictions.)
O The name of the corporation is VFW Serra Post 3801
Corporate Purpose (Item 2a: Check one or both boxes. Item 2b: The specific purpose of the corporation must be listed If you are organizing for "public"
purposes, or if you intend to apply for lax -exempt status in California.)
a. This corporation is a nonprofit Public Benefit Corporation and is not organized for the private gain of any person, It Is
organized under the Nonprofit Public Benefit Corporation Law for: [] public purposes charitable purposes.
b. The specific purpose of this corporation is to Aid and assist US Veterans
Service of Process (List a California resident or an active 1505 corporation in California that agrees to be your Initial agent to accept service of procass
in case your corporation is sued. You may list any adult who lives in California. You may not list your own corporation as the agent. Do not list an address if
the agent is a 1505 corporation as the address for service of process is already on file.)
33 a, Arthur Hassefbrink
Agent's Namo
b, 27375 Paseo La Serna San Juan Capistrano ca 92675
Ayont's Strom Addross {if agent is not a corporation) - Dn not list a P 0. Box City (nn elfAmvrnllocsl Stale Zip
Corporate Addresses
® a. 31877 Del Obispo Suit 101 San Juan Capisrano Suite 101 _ ca 92675
Initial Sfroel Address of Corporation- Do nol 4st a P,O. Box BCW (40 abbreviations) Stara Zip
b, Same as Above _
Initial Mailing Address of Corporation, if different from 4a City (no abbrev)alions) State ZIP
Additional Statements (The following statements are required to obtain lax exemption from the Internal Revenue service or the California Franchise
Tax Board under Internal Revenue Code section 501(c)(3). Note: Corporations seeking other types of tax exemptions should not use this form-)
a. This corporation is organized and operated exclusively for the purposes set forth in Article 2a hereof within the
meaning of internal Revenue Code section 501(c)(3).
b. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting
to influence legislation, and this corporation shall riot participate or intervene in any political campaign (including the
publishing or distribution of statements) on behalf of any candidate for public office.
c The property of this corporation is irrevocably dedicated to the purposes in Article 2a hereof and no part of the net
income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the
benefit of any private person,
d. Upon the dissolution or winding up of this corporation, its assets remaining after payment, or provision for payment, of
all debts and liabilities of ibis corporallon shall be distributed to a nonprofit fund, Foundation or corporalion which is
organized and operated exclusively for charitable, educational and/or religious purposes and which has established
its tax-exempt status under Internal Revenue Code section 501(c)(3).
This form must be signed y each incorporator, If you need more space, attach extra pages that are 1 -sided and on standard
letter -sized , prsr (8 1f2"" x ""i. All attachments are made part of these articles of incorporation
-----� Arthur Hasseibrink
frtcpr rnfor •� tin here Print your name hore
Make check/money order payable lo: Secretary of State _ By Mail 1 Drop-off
Upon filing, we will return one (1) uncertlfied copy of your Secretary of Slate Secretary of Stale
riled document for free, and will certify the copy upon Business Entities, P O Box 944260 1500 11th Street, 3rd Floor
request and payment of a §5 certification fee Sacramento, CA 94244-2600 Sacramento, CA 95814
Corporalions Code §§ 5130-5'32 el seq„ Revenue and faxalion Code §§ 23151 el Seq, and 23701 el seq,
ARTS -PS -501(c)(3) (REV 06/2013)
2013 California Secretary of Slate
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City of San Juan Capistrano
Parks, Recreation, Youth and Senior Services,
Trails and Equestrian Commission
Agenda Report
TO: Parks, Recreation, Senior and Youth Services, Tails and
Equestrian Commission
PREPARED BY: Dori Budde, Director of Community Services
FROM: Kipp Lyons, Secretary to the Commission.
VS
DATE: August 21, 2017
SUBJECT- Consideration of Full Fee Waiver Request for Monthly Rental of
Nydegger Building (Veterans of Foreign Wars)
RECOMMENDATION:
By motion, make a recommendation to City Council on Veterans of Foreign Wars'
request for a full City fee waiver for use of Nydegger Building on the first Wednesday of
every month to conduct business meetings.
EXECUTIVE SUMMARY:
Veterans of Foreign Wars (VFW), a nonprofit organization, would like to conduct its
business meetings from 6:45 p.m. until 8:30 p.m., with set-up taking place from 6:30
p.m. to 6:45 p.m. and break -down occurring from 8:30 p.m. until 8:45 p.m., at the
Nydegger Building on the first Wednesday of every month. The VFW is seeking a full
fee waiver for the facility rental in accordance with Administrative Policy 606
(Attachment 1). This item is tentatively scheduled for City Council consideration on
September 19, 2017.
DISCUSSION/ANALYSIS:
The VFW is a 501c3 nonprofit organization that has participated in many community
activities, such as Memorial Day, Veterans' Day programs, and the Swallows Day
Parade. According to the VFW, the majority of their members reside in San Juan
Capistrano. They previously used the Nydegger Building with an arrangement similar to
the one requested, prior to renting alternate accommodations, which proved too costly.
The VFW would now like to return to using the Nydegger and are requesting a full fee
ATTACHMENT 3
Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission
Agenda Report
August 21, 2017
Page 2 of 2
waiver for the rental fees associated with the monthly meetings. According to the VFW,
if the full fee waiver is granted, they will utilize the dollars saved to support the
community of veterans in San Juan Capistrano (Attachment 2).
If the VFW's request is recommended by the Commission, a License Agreement will be
prepared for Council consideration with a two year term that can be extended up to a
maximum of three additional years, upon mutual written agreement of both parties.
This item is tentatively scheduled to go to City Council for their review and consideration
on September 19, 2017.
FISCAL IMPACT:
If approved by City Council, the fee waiver request would result in a potential annual
loss of $1,303.44 in revenue for the City.
ENVIRONMENTAL IMPACT:
The fee waiver request is covered by Section 15061(b)(3), the general rule that the
California Environmental Quality Act (CEQA) applies only to projects which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA. A waiver of a facility use
permit fee would not be an activity with potential to cause significant effect on the
environment and therefore exempt from CEQA.
PRIOR COMMISSION REVIEW:
Not applicable.
CITY COUNCIL REVIEW AND RECOMMENDATIONS_
Not applicable.
NOTIFICATION:
Joseph Love, VFW Commander
ATTACHMENT
Attachment 1- Administrative Policy #606
Attachment 2- Documentation from VFW
MINUTES
AUGUST 21, 2017
REGULAR MEETING D1
PARKS, RECREATION, YOUTH AND SENIOR SERVICES,
TRAIL AND EQUESTRIAN COMMISSION
Kipp Lyons, Commission Secretary, called the Regular Meeting of the San Juan
Capistrano Parks, Recreation, Youth and Senior Services, Trail and Equestrian
Commission to order at 5:30 p.m. in the Council Chamber.
ROLL CALL:
COMMISSION MEMBERS PRESENT: Thomas Perrin, Jr., Renee Ritchie, Gail Zukow,
Gerald Muir, Samantha Grant, and Sandie Weaver.
COMMISSION MEMBER (EXCUSED) ABSENT: Ronda Mottl
STAFF PRESENT:
Kipp Lyons, Commission Secretary, Dori Budde, Community Services Director and Tom
Toman, Assistant Public Works Director.
ADMINISTRATIVE ITEMS:
1. CONSIDERATION OF A FULL FEE WAIVER REQUEST FOR A MONTHLY
RENTAL OF NYDEGGER BUILDING (VETERANS OF FOREIGN WARS).
Commission Action: Commissioner Muir made a motion to recommend to City
Council to approve the full City fee waiver request from the Veterans of Foreign
Wars' for the use of the Nydegger Building on the first Wednesday of every
month to conduct business meetings. Commissioner Ritchie seconded. Motion
passed unanimously.
ADJOURNMENT
There being no further business before the Commission, Chairperson Perrin, Jr.
adjourned the meeting at 8:03 p.m. to the Regular Parks, Recreation, Youth Services,
Senior, Trails and Equestrian Commission meeting scheduled for Monday, September
18, 2017 at 5:30 p.m.
Respectfully submitted,
Kipp Lyons, Commission Secretary
LICENSE AGREEMENT
BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND VETERANS OF FOREIGN WARS (VWF) FOR THE NYDEGGER BUILDING,
LOCATED AT 31421 LA MATANZA STREET, SAN JUAN CAPISTRANO
PARTIES AND DATE
This License Agreement ("Agreement") is entered into as of this day of
September, 2017 ("Effective Date") by and between the City of San Juan Capistrano, a
California municipal corporation (the "City") and Veterans of Foreign Wars, a nonprofit
organization (the "Licensee"). City and Licensee are sometimes hereinafter individually
referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. Licensee is a nonprofit organization dedicated to providing quality social and
organization services to a targeted population of San Juan Capistrano.
B. The City is the owner of the Nydegger Building, located at 31421 La Matanza
Street, San Juan Capistrano, and Licensee desires to utilize a portion of the
Nydegger Building to conduct Licensee's business meetings.
C. Licensee's business meetings occur the First Wednesday of every month
between 6:45 p.m. to 8:30 p.m.
D. Licensee desires to use the Portion of the Nydegger building the First
Wednesday of every month between 6:30 p.m. to 8:45 p.m. to allow for set up
and break down.
E. The Parties desire to enter into this Agreement to allow the Licensee to use a
portion of the Nydegger Building for the above -stated purpose in accordance with
the terms and conditions set forth in this agreement.
TERMS
1. Grant of License.
1.1. Scope. The City grants to Licensee a license to use a portion the
Nydegger Building located at 31421 La Matanza Street, San Juan
Capistrano, San Juan Capistrano (herein after "Property") as described
below:
1.1.1. Licensee is only granted a license to use the Property on the First
Wednesday every month between 6:30 p.m. to 8:45 p.m. for the
purposes of conducting its Business meeting. All set up and break
down shall take place during the above referenced times.
1.1.2. Licensee shall comply with the regulations for use of the Property
specifically set forth in Exhibit "A" and incorporated herein by
reference.
1 ATTACHMENT 4
1.1.3. The portion of the Nydegger Building, which is the subject of this
License agreement is specifically described in the Site Plan
attached as Exhibit "B" and incorporated herein by reference.
1.2. Other 'Uses. The Licensee may not use the Property for any other purpose
or business not described in Section 1.1 (Scope) without obtaining the
City's prior written consent
2. Term. This Agreement shall be effective for two (2) years commencing on the
Effective Date, except as otherwise provided in this Agreement. This Agreement
may be extended for up to a maximum of three (3) additional 1 year terms, upon
the mutual written agreement of both parties.
3. Facility Use Fees. In consideration of Licensee's nonprofit and its social services
to the City, the City agrees to provide a waiver of fees for the use of the Property.
4. Utilities. The City will be responsible for utilities and utility costs, except for
telephone and internet services.
5. Condition of the Property, Maintenance. Repairs and Improvements .
5.1. Acceptance of Condition. Licensee accepts the Property in its present "as
is" condition upon execution of this Agreement, and agrees to assume all
further liability arising out of the condition of the property.
5.2. Maintenance and Repair by Licensee. Licensee agrees, at Licensee's
expense, to use reasonable care keep the Property clean of debris, and
keep the Property in good condition and repair at all times, reasonable
wear and tear expected.
5.3. Maintenance and _Repair by the City. A duly authorized representative of
City may enter upon the Property at a reasonable time for the purposes of
inspection and to perform any necessary maintenance or repair for which
the City is responsible, or to carry out any municipal function.
5.3.1. City shall be responsible for any major structural repairs to the
premises, including such items as leaking roofs, plumbing, and
related improvements, providing that the damage to be repaired
has not been caused directly by Licensee's use of the premises.
City shall also accept responsibility for following items:
5.3.1.1.
Exterior Painting
5.3.1.2.
Exterior Lighting
5.3.1.3.
Roofing
5.3.1.4.
Windows and Doors (excluding screen doors)
5.3.1.5.
Exterior Wall Repair
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5.3.1.6. HVAC
5.3.1.7. Plumbing
6. Licensee obligations.
6.1. Licensee shall, at all times, keep City advised of the name, address, and
telephone number of the person responsible for the operation of the
aforesaid facility.
6.2. Licensee shall, at all times, take and maintain the utmost caution and care
in every respect of its operation and shall observe and maintain the
highest standard of safety.
6.3. Licensee must ensure the facility is locked after use.
6.4. Licensee shall be responsible to turn off the coffee maker, clean .all coffee
pots used during the meeting, and turn off all lights, ceiling fans and the
HVAC.
6.5. At no time may alcohol be served, sold or consumed on the Property.
6.6. On or before the termination or expiration of this Agreement, the Licensee
shall remove all of Licensee's personal property from the Property and
shall surrender possession of the Property to the City in good order and
repair to the satisfaction of the City, normal wear and tear excepted.
7. Default.
7.1. In the event of a default by the Licensee, the City shall give the Licensee
thirty (30) days' written notice to cure the default. The notice shall specify
in reasonable detail the nature and extent of the default. If the default is
not cured by the Licensee within the 30 days' notice period, then the City
may immediately terminate this Agreement.
8. Indemnification.
8.1. Indemnification of the City by the Licensee. The Licensee shall defend,
indemnify and hold the City, its officials, officers, employees, and agents
(the "Indemnified Parties") free and harmless from any and all liability from
loss, damage, or injury to property or persons, including wrongful death, in
any manner arising out of or incident to acts, omissions, and/or operations
by the Licensee, its officials, officers, personnel, employees, contractors,
and/or subcontractors as well as its contractors' and/or subcontractors'
officials, officers, employees, and agents. Further, the Licensee shall
defend at its own expense, including attorneys' fees, the Indemnified
Parties in any legal action based upon such acts, omissions and/or
operations.
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8.2. The Licensee's Obligations, The Licensee's obligations under this Section
9 (Indemnification) shall apply to all damages and claims for damages of
every kind suffered, or alleged to have been suffered, regardless of
whether or not the City has prepared, supplied, or approved any plans or
for the uses allowed by this Agreement, and regardless of whether or not
such insurance policies shall have been determined to be applicable to
any of such damages or claims for damages.
8.3. The City's Rights. The City does not and shall not waive any rights against
the Licensee that the City may have under the indemnification provision in
this Section 9 (Indemnification) because of the City's acceptance of any
security deposits or insurance policies.
8.4. Survival. The indemnification provision in this Section 9 (Indemnification)
shall survive the termination or expiration of this Agreement.
9. Insurance.
9.1. Coverage and Amount. The Licensee agrees to maintain in full force
during the term of this Agreement, at Licensee's own expense, a policy of
comprehensive liability insurance, including property damage, which will
insure Licensee and the City against liability for injury to persons, damage
to property, and death of any person occurring in or about the Property.
The City shall be named as an additional insured on the policy. Other
terms and conditions, including cancellation provisions and endorsement
forms, shall be reviewed and approved by the Office of the City Attorney.
The insurance shall be not less than the following minimum amounts:
Commercial General Liability $1,000,000 per occurrence/$2,000,000
aggregate for bodily injury, personal
injury, and property damage
Copy of Policy and Endorsements. The Licensee shall provide the City
with a copy of the policy, including an endorsement that states that the
policy will not be cancelled except after ten (10) days' notice in writing to
the City. The policy shall name the City as Additional Insured and an
endorsement shall be included. The policy shall contain a provision
stating that the Licensee's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
10. Termination. City shall have the right to terminate this Agreement without cause
by giving ninety (90) days advance written notice of termination to Licensee.
11. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this
Agreement is brought by either party to this Agreement, the prevailing party shall
be entitled to receive from the other party, in addition to any other relief that may
be granted, the reasonable attorneys' fees, costs, and expenses incurred in the
action or proceeding by the prevailing party.
2
12. Governinq Law and Venue. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Orange County.
13. Waiver. The City's failure to insist upon strict compliance with any provision of
this Agreement or to exercise any right or privilege provided herein, or the City's
waiver of any breach hereunder, shall not relieve the Licensee of any of its
obligations hereunder, whether of the same or similar type. The foregoing shall
be true whether the City's actions are intentional or unintentional. Further, the
Licensee agrees to waive as a defense, counterclaim, or setoff any and all
defects, irregularities, or deficiencies in the authorization, execution, or
performance of this Agreement as well as any laws, rules, regulations,
ordinances, or resolutions of the City with regard to this Agreement.
14. Supplement, Modification, and Amendment. No supplement, modification, and/or
amendment of this Agreement shall be binding unless executed in writing and
signed by both Parties.
15. Assiqnment or Transfer,
15.1. No Assignment without the City's Consent. The Licensee shall not assign,
hypothecate, or transfer, either directly or by operation of law, this
Agreement or any interest herein without prior written consent of the City.
Any attempt to do so shall be null and void, and any assignee,
hypothecatee, or transferee shall acquire no right or interest by reason of
such attempted assignment, hypothecation, or transfer. Unless
specifically stated to the contrary in the City's written consent, any
assignment, hypothecation, or transfer shall not release or discharge the
Licensee from any duty or responsibility under this Agreement.
15.2. Merger. The transfer of a majority of the ownership interests in the
Licensee, however accomplished, and whether in a single transaction or in
a series of related or unrelated transactions, or the merger of the Licensee
into any other entity in which the Licensee is not the surviving entity, or the
sale of all or substantially all of the Licensee's assets, shall be deemed an
assignment of the Licensee's rights hereunder subject to the requirements
of Section 16.1 (No Assignment without the City's Consent).
16. No Relocation Benefits. This License is not intended to convey a property
interest but to permit the Licensee to use the property as provided for herein. The
Licensee acknowledges the rights granted by State and/or Federal Relocation
Assistance Laws and regulations and, notwithstanding any other provision of this
License, expressly waives all such present and future rights, if any, to which the
Licensee might otherwise be entitled from the City with regard to this License and
the business operated on the property. The Licensee shall not be entitled to
relocation assistance, relocation benefits, or compensation for loss of goodwill
upon the termination of this License.
5
17. Construction References and Captions.
17.1. Simple Construction. It being agreed the Parties or their agents have
participated in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and
not strictly for or against any Party.
17.2. Section Headings. Section headings contained in this Agreement are for
convenience only and shall not have an effect in the construction or
interpretation of any provision.
17.3. Calendar Days. Any term referencing time, days, or period for
performance shall be deemed calendar days and not work days.
17.4. References to the City. All references to the City shall include, but shall
not be limited to, City Council, City Manager, City Attorney, City Engineer,
or any of their authorized representatives. The City shall have the sole and
absolute discretion to determine which public body, public official or public
employee may act on behalf of the City for any particular purpose.
17.5. References to the Licensee. All references to the Licensee shall include all
officials, officers, personnel, employees, agents, contractors, and
subcontractors of Licensee, except as otherwise specified in this
Agreement
18. Relationship Between the Parties. The Parties hereby mutually agree that neither
this Agreement, nor any other related entitlement, permit, or approval issued by
the City for the Property shall operate to create the relationship of partnership,
joint venture, or agency between the City and the Licensee. The Licensees'
contractors and subcontractors are exclusively and solely under the control and
dominion of the Licensee. Nothing herein shall be deemed to make the Licensee
or its contractors or subcontractors an agent or contractor of the City.
19, Notices. All notices to be given hereunder shall be in writing and may be made
either by personal delivery or by registered or certified mail, postage prepaid,
return receipt requested. Mailed notices shall be addressed to the parties at the
addresses listed below, but each party may change the address by written notice
in accordance with this Section 16 (Notices). Notices delivered personally will be
deemed communicated as of actual receipt; mailed notices will be deemed
communicated as of two (2) days after mailing.
To City:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Gil Leon
I
To Licensee:
Veterans of Foreign Wars
31877 Del Obispo Street, Suite 118-184
San Juan Capistrano 92675
Attn: Joseph Love
20. Entire Agreement and Severability.
20.1. Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements, either written or oral, express
or implied.
20.2. Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this
Agreement.
21. Binding Effect.
21.1. The Parties. Each and all of the terms and conditions of this Agreement
shall be binding on and shall inure to the benefit of the Parties, and their
successors, heirs, personal representatives, or assigns.
21.2. Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
21.3. Not Authorization to Assign. This Section 21 (Binding Effect) shall not be
construed as an authorization for any Party to assign any right or
obligation under this agreement other than as provided in Section 15
(Assignment or Transfer).
Signatures on next page.
7
SIGNATURE PAGE TO LICENSE AGREEMENT
BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND VETERANS OF FOREIGN WARS
In witness thereof, the Parties here to have executed this Agreement:
City of San Juan Capistrano
A California municipal corporation
By:
KERRY FERGUSON,
Mayor
ATTEST:
By:
MARIA MORRIS,
City Clerk
APPROVED AS TO FORM:
By:
JEFF BALLENGER,
City Attorney
VETERANS OF FOREIGN WARS
M
JOSEPH LOVE,
Commander
EXHIBIT "A"
REGULATIONS FOR USE OF THE NYDEGGER BUILDING
IN THE OLD FIRE -STATION COMPLEX
VFW - SERRA POST 3801
Regulations for Use of the Property:
Type of activity to take place at the Property is a gathering of Veteran Foreign
Wars members and potential members for meeting on a monthly basis.
• The maximum number of persons to be in the Property at one time is one hundred
and fifty (150) persons in a theatre style set up and 105 in a banquet style set up.
• Storage of equipment and supplies is NOT permitted on the Property.
Hours of use: The first Wednesday, of every month during the hours of 6:30 p.m. -
8:45 p.m. All set up and break down shall take place during the above referenced
times.
• The Licensee shall not utilize the Property during the Swallows Day Parade day
• Alcohol is prohibited at all times on the Property or anywhere within the Old Fire
Station Complex.
Licensee shall not utilize the Property for any uses other than those specifically
established in the License.
FEW
EXHIBIT "B"
SITE PLAN
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