18-0821_CREER COMUNIDAD Y FAMILIA_E10_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO : Honorable Mayor and Members of the City Council
FROM: ~jamin Siegel, City Manager
SUBMITTED BY: Dori Budde, Community Services Director ~
DATE: August 21, 2018
8/21/2018
E10
SUBJECT: License Agreement for Use of a Portion of the Stone Field
Community Building Located at 31322 Camino Capistrano (GREER-
Comunidad y Familia)
RECOMMENDATION :
Approve and authorize the City Manager to execute a two-year License Agreement with
two optional one-year extensions with GREER-Comunidad y Familia, for use of a portion
of the Stone Field Community Building, located at 31322 Camino Capis~rano.
DISCUSSION/ANALYSIS:
In 1997, the Capistrano Unified School District (CUSD) and the City entered into a 25-
year Lease Agreement granting the City use of a portion of CUSD's Stone Field facility,
which included a sports field and small building. An aerial map and photos of the facility
are provided as Attachment 1. CUSD allowed the City to use its property, at no charge,
to promote and conduct activities that benefit the community (Attachment 2).
Since 2007, the City has allowed CREER to use the City's portion of the Stone Field
Community Building (approximately 300 square feet) for administrative purposes under a
License Agreement (Attachment 3). CREER is a 501 (c)(3) nonprofit organization whose
mission is to develop children, youth and families through educational, cultural, sports,
and civic leadership programs. CREER partners with CUSD, Mission Hospital, Orange
County Health Care Agency, and Southern California Edison to create stronger working
relationships for public safety, health and educational purposes within the community.
Under the existing License Agreement, CREER pays $49 for rent and $25 for utilities
each month and is responsible for their custodial services. CREER would like to continue
City Council Agenda Report
August 21, 2018
Page 2 of 3
using the City's leased space at the Stone Field Community Building under the same
terms and conditions . CUSD has reviewed and authorized the City's proposed License
Agreement with CREER. Staff is recommending that the City Council approve a two-year
License Agreement, with two optional one-year extensions (Attachment 4), to run
concurrent with the Lease between CUSD and the City. Prior to the expiration of the
Lease with CUSD, staff would return to the Council with an analysis of future use of the
site.
On June 18, 2018, the Parks, Recreation, Youth and Senior Services, Trails and
Equestrian Commission (PRYSSTEC) recommended that the City Council approve the
two-year License Agreement with the two additional one-year extensions (Attachment 5).
FISCAL IMPACT :
Under the proposed License Agreement, CREER would pay the City a $49 monthly facility
rental fee and a $25 monthly utility fee, totaling $74 per month. This is the same monthly
fee arrangement as contained within the existing License Agreement.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061(b)(3), the general rule that the 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 License Agreement with CREER for use of a portion of the Stone
Field Community Building would not be an activity with potential to cause significant effect
on the environment and is therefore exempt from CEQA.
PRIOR CITY COUNCIL REVIEW :
• On April 3, 2007, the City Council approved a License Agreement and facility use
fee waiver for CREER.
• On June 1, 2010, the City Council approved a License Agreement with CREER.
• On June 18, 2012, the City Council approved a License Agreement with CREER.
• On June 18, 2013, the City Council approved a two-year extension with CREER.
• On May 18, 2015, the City Council approved a License Agreement with CREER.
• On June 2, 2015, the City Council approved a License Agreement with CREER
with a revised facility use fee.
COMM ISS ION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
• On May 20 , 2013, the Parks, Recreation and Senior Services Commission
considered the two year extension and requested additional information.
City Council Agenda Report
August 21, 2018
Page 3 of 3
• On June 17, 2013 , the Parks, Recreation and Senior Services Commission
recommended that City Council approve a two year extension of the License
Agreement.
• On April20, 2015, the Parks, Recreation, Senior and Youth Services Commission
recommended that the City Council approve a License Agreement with CREER.
• On May 18 , 2015, the Parks, Recreation, Senior and Youth Services Commission
recommended that City Council approve a License Agreement with CREER that
included a revised facility use fee.
• On June 18, 2018, the Parks, Recreation, Youth and Senior Services, Trails and
Equestrian Commission recommended that the City Council approve the two-year
License Agreement with the two additional one-year extensions.
NOTIFICATION:
Angeles Ceballos, Executive Director, CREER
Josephine Monge, Senior Staff Secretary, Capistrano Unified School District
ATIACHMENTS:
Attachment 1: Stone Field Site Map
Attachment 2 : Stone Field Agreement and Amendment between City and CUSD
Attachment 3 : Existing License Agreement between City and CREER
Attachment 4 : Proposed License Agreement between City and CREER
Attachment 5 : June 18, 2018, PRYSSTEC Minute Excerpt
Stone Field Facility
(Aerial View)
Stone Field
Facility
ATTACHMENT 1
,
.-::.----
Stone Field Facility
(Aerial View)
""'
Bathroom
Stone Field Facility
(Side View)
LEASE OF STONE FIELD
This lease of real property known as Stone Field (hereinafter the "Lease") is hereby entered
into as ofMay 19, 1997, by and among the CAPISTRANO UNIFIED SCHOOL DISTRICT, a
public agency (hereinafter the "Lessor"), and the CITY OF SAN JUAN CAPISTRANO, a public
body, corporate and politic (hereinafter the "Lessee").
Recitals
A. Lessor currently owns certain real property located in the City of San Juan Capistrano
and commonly known as the "Stone Field". The parcel is currently used as a recreation facility .
B. Lessee is engaged in the implementation of the Redevelopment Plan for the San Juan
Capistrano Central Redevelopment Project in the City pursuant to the California Community
Redevelopment Law, commencing with Health and Safety Code Section 33000.
C. Pursuant to the provisions of said law, Lessee may acquire and dispose of, by lease or
otherwise, any interest in real or personal property.
NOW, THEREFORE, in consideration of the payments to be made hereunder and the
covenants and agreements contained herein, the parties hereto agree as follows:
ARTICLE 1. TERM OF LEASE
1.1 Premises. Lessor is currently the owner of that parcel of real property located at
31422 Camino Capistrano, in the City of San Juan Capistrano, legally described in Exhibit "A",
incorporated herein by this reference, and referred to hereafter as the "Premises". Lessor agrees to
lease the Premises to Lessee and Lessee agrees to lease the Premises from Lessor upon the terms and
conditions expressed herein.
1.2 Reservation. Lessor reserves to itself, its successors, and assigns, together with the
right to grant and transfer all or a portion of the same, the non-exclusive right to enter upon the
Premises in accordance with any rights ofLessor set forth in this Lease .
1.3 Exceptions to Leasehold Estate. This Lease is made subject to all covenants,
conditions, restrictions, reservations, rights, rights-of-way, easements, and all other matters of record
or apparent upon a visual inspection of the Premises affecting the Premises or the use thereof on the
date this Lease is executed by Lessee .
1.4 Ter m. The initial term of this Lease shall run for twenty-five (25) years (the "Initial
Term"), commencing on May 19, 1997 (the "Commencement Date") and all terms , covenants and
conditions of the Lease shall become legally binding on the Commencement Date.
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ATTACHMENT 2
1.5 Renewal of Lease. The twenty-five (25) year term of this Lease may be extended for
an additional25-year period providing that Lessor reviews and approves a request for an additional
25-year term as proposed by Lessee.
ARTICLE II. CONSTRUCTION AND OWNERSHIP OF IMPROVEMENTS
2.1 Improvements. As of the Commencement Date, the Premises consists of the following:
(a) a dirt soccer field;
(b) with:
(i) manual irrigation system. with new quick coupling system (installed
by City);
(ii) City-added backflow system;
(iii) City added security wood rail fencing (north section of field);
(iv) two (2) soccer goal posts;
( v) backstop cyclone protective fence;
(vi) perimeter stone wall (varying 3' to 5' in height) running 112 of the
field.
2.2 Construction, Alteration, Renovation and Removal of Improvements. All
construction, alteration; renovation or removal of improvements on the Premises shall be at the sole
expense ofLessee, and shall require the written permission of Lessor prior to commencement of such
activities, which permission shall not unreasonably be withheld or delayed. All costs associated with
the design, preparation or planning of any improvements on the Premises shall be borne by Lessee.
2.3 Ownership oflmprovements and FF&E. All changes, alterations, improvements,
and additions to the Premises shall become the property of the Lessor upon expiration of the term of
the Lease, or upon termination thereof All furniture, fixtures and equipment (collectively, "FF&E 11
)
that are made, constructed or placed on or in the Premises by Lessee, and all changes, alterations,
improvements and additions to the FF&E shall become the property of Lessee upon expiration of the
term of the Lease, or upon termination thereof
ARTICLE ill. RENT
3.1 Rent. During the term of this Lease, the value of the rent for Lessee's use of the
Premises shall be one-half of the value of interest on the purchase price of the Elementary School
664640007 Parcel purchased by Lessor from Lessee based upon payments due pursuant to Section
4 ofthe Second Amended and Restated Agreement for Cooperation, dated May 19, 1997. Pursuant
to Section 4.3 of that Agreement and consideration received pursuant thereto by Lessor, Lessor and
Lessee agree that Lessee shall have no obligation to make rent payments for Lessee's use of the
Premises for the term of this Lease. Upon the exercise of the option by Lessee or the assignee or
successor in interest of Lessee, as provided herein, the rent due for the use of the Premises for the
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option term shall be One (1) Dollar per year, payment of which may be waived by mutual agreement
of the parties.
ARTICLE IV. USE OF PREl\USES AND COMPLIANCE WITH LAW
4.1 Permitted Uses. Lessee shall only use the Premises for park or recreational purposes.
Lessee, at Lessee's expense, shall promptly comply with all present and future laws, ordinances,
orders, rules, regulations and requirements of all govenunental authorities having jurisdiction
affecting the Premises or the cleanliness, safety, occupancy and use of the same, whether or not any
such law, ordinance, order, rule, regulation or requirement is substantial, or foreseen or unforeseen,
or ordinary or extraordinary or shall necessitate structural changes of the Premises or interfere with
the use and enjoyment of the Premises. If any governmental license or permit shall be required for
the proper and lawful operation of the Premises, Lessee shall procure and thereafter maintain such
license or permit at its sole cost and expense and shall submit the same for inspection by Lessor.
4.2 Nondiscrimination. Lessee covenants for itself, its heirs, executors, administrators,
and assigns, and all persons claiming under or through it, that this Lease is made and accepted upon
and subject to the condition that there shall be no discrimination against or segregation of any person
or group of persons on account of race, color, creed, religion, sex, age, national origin, ancestry,
associated with the construction, operation and maintenance of the Premises.
ARTICLE V. MAINTENANCE OF THE PREMISES
5.1 Lessee's Obligations for Maintenance. Lessee, at Lessee's expense and without cost
to Lessor, shall maintain or cause to be maintained in good order, condition, quality, and repair, the
Premises and every part thereof and any and all appurtenances thereto wherever located, and all other
repairs, replacements, renewals and restorations, ordinary and extraordinary, foreseen and unforeseen.
(a) Lessee's Obligations. IfLessee wishes to make any repairs to the Premises
which would result in a change in use of the Premises permitted by this Lease or materially affect the
value of the Premises or materially change the external structure or appearance of the Premises,
Lessee shall submit to Lessor for its approval documentation which describes the desired repairs,
including construction plans, building sections, building materials and components, samples of
proposed exterior building materials, and the like, to the extent relevant to the particular repair.
Lessor's approval shall be given within a reasonable period of time not to exceed thirty (30) days after
receipt by Lessor from Lessee of all necessary documents and information relating to such repairs
(which thirty [30] day period does not include the Lessor's normal development review requirements)
and such approval shall not be unreasonably withheld provided that the proposed repair shall not, in
Lessor's reasonable judgment, impair or diminish the value or structural integrity of the Premises over
the Term of the Lease, or not be in harmony with neighboring properties. Lessor's approval under
this paragraph shall not relieve Lessee of the obligation to comply with the planning, design review
and building regulations of the City. The thirty (30) day time limit set forth herein applies to Lessee's
right of review under this Lease and not to regulatory review.
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(b) Standard of Maintenance. Lessee shall keep and maintain the Premises in
a clean, sanitary and safe condition in accordance with the laws of the State of California and in
accordance with all directions, rules and regulations of the health officer, fire marshal, building
inspector or other proper officials of the governmental agencies having jurisdiction, and Lessee shall
comply with all requirements of laws and ordinances affecting the Premises, all at the sole cost and
expense of Lessee. At the time of the expiration of the tenancy created herein, the Lessee shall
surrender the Premises thereon in good order, condition and repair.
(c) Liens. Lessee shall keep the Premises, or any part thereof, free from any and
all liens arising out of any work performed, materials furnished or obligations incurred by or for
Lessee, and agr.ees to cause to be discharged of record any mechanic's or materialmen's lien or stop
notices within sixty (60) days after the lien has been filed or within ten (10) days after receipt of
written request from Lessor, whichever shall be the sooner. Lessee shall give Lessor at least fifteen
(15) days written notice prior to commencing or causing to be conunenced any work on the Premises
so that Lessor shall have reasonable opportunity to file and post notices of non-responsibility for
Lessee's work. Lessee shall reimburse Lessor for any and all costs and expenses which may be
incurred by Lessor by reason of the filing of liens and/or removal of same, such reimbursement to be
made within thirty (30) days after receipt by Lessee from Lessor of a statement setting forth the
amount of the costs and expenses.
(d) Lessor's Substitute Performance. In the event Lessee fails, refuses or
neglects to commence and complete promptly and adequately any of the Premises required repairs
or maintenance, to remove any lien, to pay any cost or expense relating to such matters, or to
otherwise perform any act or fulfill any obligation required of Lessee pursuant to this Section 5 .I,
Lessor may, but shall not be required to, make or complete any such repairs, remove such lien, or pay
such cost and expense, and Lessee shall reimburse Lessor for all costs and expenses of Lessor thereby
incurred within thirty (30) days after receipt by Lessee from Lessor of a statement setting forth the
amount of such costs and expenses. If reasonably possible under the circumstances, Lessor shall give
Lessee written notice thirty (30) days prior to commencement of any substitute performance . Any
failure by Lessor to give such notice, however, shall not prejudice Lessor1s rights hereunder or alter
Lessee1S obligations hereunder. Lessor's rights and remedies pursuant to this subsection (d) shall be
in addition to any and all other rights and remedies provided under this Lease or at law .
ARTICLE VI. INSURANCE AND INDEMNITY
6.1 Lessee's Insurance. Lessee, at no cost and expense to Lessor, shall procure and keep
in full force and effect during the Term, insurance policies, self-insurance, or pool insurance for
properties, improvements, activities and operations in a minimum amount of $1,000,000 on the
Property. In the event that Lessee fails to maintain in full force and effect such insurance policies,
self-insurance, or pool insurance, or fails to carry insurance required by law or governmental
regulation, Lessor may (but is without obligation to do so) at any time or from time to time, after
thirty (30) days 1 written notice to Lessee, procure such insurance and pay the premiums therefor, in
which event Lessee shall repay Lessor all sums so paid by Lessor within fifteen (15) days following
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Lessor's written demand to Lessee for such payment.
6.2 Covenant to IndemnifY and Hold Harmless. Lessor, its governing board, officers,
governing board members, agents-and employees shall not be deemed to assume any liability for the
negligence ofLessee or any of its officers, agents or employees. Lessee agrees to indemnify, defend
and hold harmless Lessor, its governing board and each member thereof and every officer, employee
and agent from and against any and all liability, expense, including defense costs and legal fees, and
claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death,
personal injury, or property damage arising from or connected with the Lessee's use of the Premises,
or arising from or connected with the Lessee's maintenance of the Premises in a dangerous condition.
6.3 Waiver of Subrogation. Each party hereto does hereby waive, remise, release and
discharge the other party hereto and the governing board, any officer, governing board member,
agent, employee or representative of such other party, of and from any liability whatsoever hereafter
arising from loss or damage for which insurance containing a waiver of subrogation is carried out by
the injured party under such insurance . Lessee shall, upon obtaining the policies of insurance required
hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of
subrogation is contained in this Lease.
ARTICLE VD. UTILITY CHARGES
Lessee shall pay all charges for gas, water, sewer, electricity, telephone and other utility
services used on or in the Premises. If any such charges are not paid when due, Lessor may pay the
~e by giving Lessee fifteen (15) days' prior written notice, and any amount so paid by Lessor shall
thereupon become due to Lessor from Lessee as additional Rent.
ARTICLE VIII. ASSIGNMENT AND SUBLETTING
8.1 Assignment to City of San Juan Capistrano. Lessor and Lessee agree that Lessee
shall be permitted to assign this lease, and the rights, obligations, and duties contained herein, to the
City of San Juan Capistrano . Said assignment shall have no effect upon the rent obligation ofLessee
as provided herein, unless mutually agreed in writing by Lessor, Lessee and City .
8.2 Lessor's Consent Required. Except as provided herein with respect to the
assignment to City, Lessee agrees and covenants (which covenants shall be binding upon the
successors of Lessee) that Lessee shall not, either voluntarily or by operation of law, assign, sell,
encumber, pledge or otherwise transfer all or any part ofLessee's leasehold estate hereunder, or
permit the Premises to be occupied by anyone other than Lessee, Lessee's employees or invitees, or
sublet the Premises, or any portion thereof, without Lessor's prior written consent, which shall not
be unreasonably withheld. No assignment, whether voluntary or involuntary, by operation oflaw,
under legal process or proceedings, by receivership, in bankruptcy, or otherwise, and no subletting
shall be valid or effective without such prior written consent, and at Lessor's election, shall constitute
a default.
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....
8.3 Lessee Remains Obligated. Unless a Sublease otherwise provides, no subletting or
assi gnment, even with the consent of Lessor, shall relieve Lessee of all of its obligations hereunder.
The acceptance by Lessor of any payment due hereunder from any person or entity other than Lessee
shall not be construed as a waiver by Lessor of any provision of this Lease or as a consent to any
assigrunent or subletting. Consent by Lessor to an assignment ofthis Lease or to a subletting of the
Premises shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights
pursuant to this Lease .
ARTICLE IX. DEFAULT
9.1 Events ofDefault. The word "default" shall mean and include any one or more of the
follo win g events or occurrences:
(a) Tennination for any reason of the Second Amended and Restated of the
Agreement for Cooperation, dated May 19, 1997, or non-performance by Lessor or Lessee of the
terms and conditions thereunder, after written notice of not less than thirty (30) days;
(b) The failure ofLessee to perfonn any term, condition, covenant or agreement of
this Lease, excluding the paym ent of Rent, and the continuation of such failure for a period ofthirty
(30) days after Lessor shall have given Lessee written notice specifYing the same, or in the case of
a situation in which the default canno t reasonably be cured within thirty (30) days, if Lessee shall not
promptly, within thirty (30) days after receipt of such notice, commence to remedy the situation by
a means that can reasonably be expected to remedy the situation within a reasonable period of time,
and diligently pursue the same to completion; ·
(c) The abandonment by Lessee of the Premises or a substantial portion thereof;
(d) Lessee's (i) application for, consent to, or suffering of, the appointment of a
receiver, trustee or liquidator for all or for a substantial portion of its assets ; (ii) making a general
assignment for the benefit of cred itors; (iii) being adjudged a bankrupt; (iv) filing a voluntary petition
or suffering an involuntmy petition under any bankruptcy, arrangement , reorganization or insolvency
law (unless in the case of an in voluntary petition, the same is dismissed within thirty (30) days of such
filing) or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive
days any attachment, levy, execution or seizure of all or a substantial portion of Lessee's assets or of
Lessee's interest in this Lease .
9.2 Remedies.
(a) Te rm ination. In the event of any default by Lessee, including the expiration
of any applicable cure period, Lessor may terminate Lessee's right to possession of the Premises by
any lawful means, in which case this Lease shall terminate.
{b) Rental Value. In any action for unlawful detainer commenced by Lessor
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against Lessee by reason of any default hereunder, the reasonable rental value of the Premises for the
period of the unlawful detainer shall be deemed to be zero .
(c) Cumulative Remedies. Except as may be specifically provided herein, the
rights and remedies reserved to Lessor and Lessee herein. including those not specifically described,
shall be cumulative and, except as provided by California statutory or decisional law in effect at the
time, either Lessor or Lessee may pursue any or all of such rights and remedies at the same time or
othetwise.
(d) Lessor's Non-Waiver. No delay or omission ofLessor to exercise any right
or remedy shall be construed as a waiver of any right or remedy or of any default by Lessee
hereunder.
(e) Lessor's Reentry. Lessee hereby irrevocably consents to Lessor's peaceable
reentry, if Lessor so elects, to the Premises upon the occurrence of any of the events of default
specified in Article XI below, including the expiration of any applicable cure period.
(f) Lessor's Advances. In the event of any default by Lessee and the expiration
of any period expressly provided for herein for Lessee to cure such default after the delivery of notice
by Lessor, in addition to the other remedies granted herein to Lessor, Lessor may, but shall not be
obligated to do so, and without waiving or releasing Lessee from any obligations of this Lease, make
any payment or perform any other act on Lessee's part to be made or performed as provided in this
Lease. Any sum expended by Lessor to cure a default by Lessee shall become a charge payable by
Lessee to Lessor on demand.
9.3 Default by Lessor. Lessor shall not be deemed to be in default in the performance
of any obligation required to be performed by it hereunder unless and until it has failed to perform
such obligation within thirty (30) days after written notice by Lessee to Lessor specifying in
reasonable detail the nature and extent of any such failure; provided, however, that if the nature of
Lessor's obligation is such that more than thirty (30) days are required for its performance, then
Lessor shall not be deemed to be in default if it shall commence such performance within such thirty
(30) day period and thereafter diligently prosecutes the same to completion.
9.4 Legal Expenses and Collection Costs. If either party incurs any expense, including
actual costs of collection, reasonable attorneys' fees, expenses of discovery, preparation for litigation,
expert witness fees and litigation expenses and costs, in connection with any action or proceeding
instituted by either party by reason of any default or alleged default of the other party hereunder, the
party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses from
the other party .
ARTICLE X. HOLDING OVER
This Lease shall terminate and become null and void without further notice upon the
expiration of the Tenn or the option period if exercised as herein specified, and any holding over by
Lessee after such expiration shall not constitute a renewal or extension hereof or give Lessee any
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rights under this Lease. except when in writing signed by both parties hereto.
ARTICLE XI. ACCESS BY LESSOR
Lessor and those agents, contractors, servants and employees of Lessor who are identified
in writing to Lessee shall have the right, after reasonable notice to Lessee, to enter the Premises
during normal business hours (a) to examine the Premises, to perform any obligation of Lessor or to
exercise any right or remedy reserved to Lessor in this Lease (b) to exhibit the Premises to
prospective purchasers, mortgagees or lessees ofLessor's interest therein; (c) to make such repairs
as Lessor may be entitled to make after a default by Lessee under Article IX above, and (d) to take
all materials into and upon the Premises that may be required in connection with such repairs,
provided that any such entry sbal.l be performed in such a manner that does not unreasonably int-erfere
with Lessee•s use of the Premises. If Lessor exercises its rights of entry in compliance with this
Article, such entry shall not constitute a constructive or actual eviction ofLessee, in whole or in part.
Nothing herein contained, however, shall be deemed or construed to impose upon Lessor any
obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises.
ARTICLE Xll. QUIET ENJOYMENT
Upon the observance and performance of all of the covenants, terms and conditions on the
part ofLessee to be performed hereunder, Lessor covenants and warrants that Lessee may peaceably
and quietly hold and enjoy the Premises for the Term.
ARTICLE XIII. TAXES
Lessee shall be responsible for, and agrees to pay, prior to delinquency, any and all taxes,
assessments, installments oftaxes, levies, fees and other governmental charges of every kind or nature
(hereinafter collectively called 11 Taxes 11
) in the event such Taxes are levied or assessed by municipal,
county, state, federal, or other taxing or assessing authorities or Governmental agencies or entities
upon, against, or with respect to the Premises or any portion thereof
ARTICLE XIV. FORCE MAJEURE
In the event the performance by either party of any of its obligations hereunder is delayed by
reason of the act or neglect of the other party, act of God, stormy or inclement weather, strike, labor
dispute, boycott, lockout or other like defensive action by such party, inability to obtain labor or
materials, governmental restrictions, riot, insurrection, war, catastrophe, casualty, act of the public
enemy, or any other cause, whether similar or dissimilar, beyond the reasonable control of the party
from whom such performance is due (11 unavoidable delays"), the period for the commencement or
completion thereof shall be extended for a period equal to the period during which performance is
so delayed.
ARTICLE XV. MISCELLANEOUS
15.1 Waiver. The waiver by either Lessor or Lessee of any breach of any term, condition
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or covenant contained herein shall not be deemed a waiver of such term, condition or covenant or any
subsequent breach of the same or any other term, condition or covenant contained herein .
i5.2 Notices. All notices, demands or other writings to be made, given or sent hereunder,
or which may be so given or made or sent by either Lessor or Lessee to the other shall be deemed to
have been given when in writing and personally delivered or if mailed on the third (3 rd) day after
being deposited in the United States mail, certified or registered, postage prepaid, and addressed to
the respective partes at their addresses set forth below:
To Lessor:
To Lessee:
Capistrano Unified School District
32972 Calle Perfecto
San Juan Capistrano, CA 92675
Attention: Deputy Superintendent
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Director of Administrative Services
15.3 Relationship of Parties. Nothing contained herein shall be deemed or construed
by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto, it being understood and agreed that neither
the method of computation of rent, nor any other provision contained herein, nor any acts of the
parties herein, shall be deemed to create any relationship between the parties hereto other than the
relationship ofLessor and Lessee.
15.4 Time of Essence. Time is hereby expressly declared to be of the essence of this
Lease and of each and every term, covenant and condition hereof which relates to a date or period
of time.
15.5 Remedies Cumulative. The remedies herein given to Lessor and Lessee shall be
cumulative and are given without impairing any other rights or remedies given Lessor and Lessee by
statute or law now existing or hereafter enacted, and the exercise of any one (I) remedy by Lessor
or Lesse~ shall not exclude the exercise of any other remedy.
15.6 Effe ct of Invalidity. If any tenn or provision of this Lease or the application thereof
to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this
Lease, or the application of its terms and provisions to persons and circumstances other than those
to which it has been held invalid or unenforceable shall not be affected thereby, and each term and
provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. No
acquisition by Lessor of all or any of the interest of Lessee in or to the Premises, and no acquisition
by Lessee of all or any interest of Lessor in or to the Premises shall constitute or work a merger of
the respective interest, unless expressly provided for.
c:\wpwin601wpdocs\cusd\c:usdarn4. yeo -9-05/28/97
15.7 Successors and Assigns. This Lease and the covenants and conditions contained
he rein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns
of Lessor and to the permitted successors and assigns of Lessee, and all references in this Lease to
"Lessee" or "Lessor" shall be deemed to refer to and include a permitted successors and assigns of
such party.
15.8 Entire Agreement. This Lease and the Second Amended and Restated Agreement for
Cooperation, dated May 19, 1997, and the exhibits incorporated herein, contain the entire agreement
ofLessor and Lessee with respect to the matters covered hereby, and no other agreement, statement
or promise made by either Lessor or Lessee which is not contained herein, shall be valid or binding.
No prior agreement, understanding or representation pertaining to any such matter shall be effective
for any purpose. No provision of this Lease may be amended or added to except by an agreement
in writing signed by Lessor and Lessee.
15.9 Warrant of Authority. Each individual executing this Lease on behalf of the entity
such individual purports to represent represents and warrants that he or she is duly authorized to
execute and deliver this Lease on behalf of said entity and that this Lease is binding upon same in
accordance with its terms.
15.10 Controlling Law. This Lease shall be governed by and construed in accordance with
the laws of the State of California.
15.11 Specific Performance. Nothing contained in this Lease shall be construed as or shall
have the effect of abridging the right of either Lessor or Lessee to obtain specific performance of any
and all of the covenants or obligations of the other party under this Lease .
15.12 Survival oflndemnities and Warranties. The obligations of the indemnifying party
under each and every indemnification and hold hann!ess provision contained in this Lease shall
survive the expiration or earlier termination of this Lease to and until the last to occur of (a) the last
date permitted by law for the bringing of any claim or action with respect to which indemnification
may be claimed by the indemnified party against the indemnifYing party under such provision or (b)
the date on which any claim or action for which indemnification may be claimed under such provision
is fully and finally resolved, and, if applicable, any compromise thereof or judgment or award thereon
is paid in full by the indemnifYing party and the indemnified party is reimbursed by the indemnifying
part for any amounts paid by the identified party in compromise ther eof or upon judgment or award
thereon and in defense of such action or claim, including reasonable attorneys' fees incurred. The
representations, warranties, and covenants of the parties contained herein shall survive the termination
of this Lease without regard to any investigation made by the parties.
c:lwpwin60 \wpdocs\c:usdlcusdam4.yoo -10-05/28 /97
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and
year first above written.
LESSOR:
CAPISTRANO UNIFIED SCHOOL DISTRICT,
a
Dated: ____ _
ATTEST :
~tv~~
District Secretary
APPROVED AS TO FORM:
U Jf.D~ Dougl~.YeoSlll
for Parker, Covert & Chidester
Special District Counsel
Dated: ______ _
A~ST : Ulu~#>--CherylJohn n,Oty Clerk
APPROVED AS TO FORM:
Jg. ~' C 1ty Attorney
c:\wpwin60\wpdocs\cusd\cusdam4. yeo
LESSEE:
AN JU N CAPISTRANO
rou gh, City Manager
-11-05 /28/97
I
EXHIBIT "A" (Page 1 of 2)
Legal Description: Parcel A
That portionofParcell, Parcel Map No. 80-853 in the city of San Juan Capistrano, county of Orange. state
of California. as per map recorded in book. 154, pages 33 and 34 ofParcel Maps in the office of the Cowtty
Recorder described as foflows:
Beginning at the centerline intersection of Camino Capistrano and La Zanja Street; thence N 8Ideg.36'08"E
along the centerline of La Zanja Street 30.49' to the most westerly corner of said Parcel Map and tbe TRUE
POINT OF BEGINNING; thence along the centerline ofLaZanja Smet N 8Ideg36'08"E 235.68'; thence
leaving said centerline S 23deg.l3'26"E 376.27'; !hence S 70deg42'28"W 234.08' to the westerly line of
said Parcel Map No. 80-853; thence along the westerly line of said Parcel Map N22deg.4T08"W 385.53' to
a an angle point in said westerly~; thence along said westerly line Nllltfeg.44'56'W 35.12' to the TRUE
POINT OF BEGINNING.
SeeExbibit A
EXHIBIT "A" {Page 2 of
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EXHIBIT A
AMENDMENT TO STONE FIELD LEASE
This Amendment to the lease of the r eal property known as Stone F ield (hereinafte r .the "Lease")
is hereby ent er ed into as of February 25 , 2002, by and among the CAPISTRAl"lO UNIFIED
SCHOOL DISTRICT, a public agency (hereinafter the "Lessor) and the CITY OF SAN JUAN
CAPISTRANO, a public body, corporate and politic (hereinafter the "Lessee").
RECITALS
WHEREAS, the Lessor and Lessee have entered into a lease for certain land known as Stone
Field, dated May 19, 1997, and,
WHEREAS, Lessee desires to construct certain improvements on said, land, including restroom
and bleacher facilities, on land adjommg the leased land owned by the Lessor, and,
WHEREAS, Lessor has agreed to make additional land available to the Lessee for these
purposes,
NOW THEREFORE, Lessor and Lessee mutually agree as follows:
Section 1. Lease Amendment.
A) Section 1.1 of the lease is hereby amended to add certain land to the existing leased area,
more particularly descr ibed in Exhibit A, attached and incorporated herein by reference.
B) Section 2.1 of the lease rs hereby amended to read as fo-llows:
2.1 "Improvements, the Premises consists of the following:
(a) one (1 ) soccer field~
(b) with:
(i) manual irrigation system, with new quick · coupling system
(installed by City);
(ii) City-added back±low system;
(iii) City added security wood rail fencing (n orth section of field);
(iv) two (2) socce~ goal posts;
(v) backstop cyclone protective fence;
(vi) perimeter stone wall (va.rying) 3' to 5' in height) running 1/2 of
the field.
(vii) stone bleachers
(c) 4 5 ' x24' stucco walled garage/storage structure w/ exception to a 24'
x 15 ' portion of the so uth end o f th structure to b~ re ained by the
sc ho o l district for thek use .
(d) 115' x 76' asphalt parking area (15 spaces)
Section 2. Other Terms and Conditions.
All other terms and conditions of the Lease, dated May 19, 1997, shall remain in full forceand
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above
written.
Dated: 7'~ e z....
ATTEST:
~ /) .J/ C!-it.,.L~-7~
District Secretary
Dated:;2-;l.;?--o 2_
APPROVED AS TO FORM:
LESSOR:
CAPISTRANO UNIFIED SCHOOL DISTRICT,
a pub·
LESSEE:
CAPISTRAi~O,
City Manager
RAYMOND R. ToAL, RCii 16889
OLAV s: MilUM L.S. 4384
MICHAEL A. RoTH t..s. 6211
TOA.L ENGINEERING , INC.
CIVIL El'<GINEERS , LAND -PLANNERS ANO · LAND SURVEYORS
13 9 AVSNIDA NnVII.RRO • S11N CLZMi!NTB, CA 92672
. (949) 492-8586 • FAX (949 ) 496-8625
e·~rn:atl Toaleng@aol.corn
'Exhihii"A"
Legal Description: p·arce~ A
JN 10713
That portion of Parcel 1, Parcel Map No. 80-85.3, in the City of San Juan Capistrano,
County of Orange, State of California, as per Map recorded in Book 154, Pages 33 and 34 of
Parcel Maps, ·in the office of the Cow:ity Recorder of said Orange County, more particularly
described as · follows:
Commencing at the center fine intersection of Camino Capistrano and La Zanja Street;
thence North 81 °36'08" East along the centerline of La Zanja Street 30.49 feet to the most
vVesterly comer of said Parcel Map and the TRUE POINT OF BEGINNINGi thence continuing
along said center line North 81 6 36'08'' .East 343.91 feet to · the most Northerly comer o f said
Parcel Map; thence Southeasterly along the bound?.ry of said Parce.l Map South 21 °43'57" East
136.43 feet; thence leaving said boundary South 67°38'43" West 81.30 feet; thence South
34°21 '56" West'23.43 feet; thence South 23°13'26" East 200.87 feet; thence South 70°42'28"
West 234.08 feet to the Westerly line of said Parcel Map; thence along said Westerly line North
22°47'08" West 385.53 feet to an ·anglepoint in said Westerly line; thence along said Westerly
line North 18°44'56" West 35.12 feet to the True Point of Beginning.
See Exhibit "A"
Olav S. Meum LS4384
TOAL ENG·INEERIN .~f INC.
1.39 AV.ENIDA NAVAf.<,-,;0
SAN CLEMENTE, CALIFORNIA 9267'2
(949).. A-92.::.8586
FAX (949) 498-8625
JOB f07 f.J
SHEET NO._,/ __
CALCULATED B.Y ....:.:M:..:..::S::.:..F __
CHECKED BY ____ _
SC ALE /"=80'
Sketch to Aooompany Legal Desortp'tion
Stone Field ·
Son Juon Capistrano, California
N 81°36'08" E . .30.49'
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LICENSE AGREEMENT
This License Agreement ("License") is made this 2nd day of June 2015,
("Effective Date"), by and between the City of San Juan Capistrano ("City"), and the
CREER Comunidad y Familia, a non-profit corporation ("Licensee").
RECITALS:
WHEREAS, Licensee desires to utilize, for administrative purposes, a portion of
the Stone Field Community Building, located at 31322 Camino Capistrano; and
WHEREAS, City desires to make available such facility to Licensee for such
purposes on a temporary basis under the tenns and conditions set forth in this License.
NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND
LICENSEE AS FOLLOWS:
SECTION 1. GRANT OF LICENSE
City hereby grants a License to Licensee for the purpose of allowing Licensee to
utilize a portion of the Stone Field Community Building, for administrative purposes
only.
The portion of the Stone Field Community Building, which is the subject of this
License, is specifically described in the site plan attached hereto as "Exhibit A" and
incorporated herein by this reference ("License Area"). The Stone Field Community
Building, including any parking .areas, is referred to herein as the "Site."
Under this License, Licensee has the right and sole discretion to deal with and
manage members of the public who enter the License Area.
Licensee represents that it is recognized by the State of California as a 501 (c)(3)
non-profit organization. Licensee understands that its non-profit status is a substantial
inducement for the City to grant this License. Licensee agrees to maintain its non-profit
status as a condition of this License. Failure to maintain this non-profit status shall be
considered a breach of this License, subject to the termination provisions set forth in
Section 11 herein.
SECTION 2. ALLOWABLE USES
Unless Licensee obtains prior written approval from the Director of Community
Services pursuant to Section 1 O(a) of this License, Licensee shall not utilize the License
-1 -
ATTACHMENT 3
Area for any uses than those specifically set forth in "Exhibit B", attached hereto and
incorporated herein by this reference.
SECTION 3. TERM OF LICENSE
The term of the License shall be two (2) years from the Effective Date. The
License may be renewed for one year, upon the mutual written agreement of both
parties.
In addition, Licensee is hereby granted a 90-day holdover period with respect to
the term, wherein, Licensee may occupy the License Area for up to 90 days to
accommodate any need Licensee may have to move its operations to another location.
During this holdover period, Licensee shall continue to pay a monthly fee in the amount
set forth in Section 5 of this License.
SECTION 4. UTILITIES
Licensee shall be responsible for the cost of all utility services required in
conducting its operations in the License Area authorized under this License. Gas, water
and electrical fees are part of the monthly fee set forth in Section 5 of this License.
Telephone, television, cable or Internet services and any other expenses related to
these services are the sole responsibility of Licensee. City shall not require sub-
metering of the facility.
Licensee shall be responsible for opening and closing the License Area for
installation, repairs, and/or removal of these services. City staff will not meet vendors for
delivery, installation, repair, or removal appointments.
SECTION 5. PAYMENT
In consideration of the foregoing, Licensee shall pay to the City a monthly fee in
the amount of forty-nine dollars and zero cents ($49.00) and a twenty-five dollar
($25.00) monthly utility fee (Section 4), totaling seventy-four dollars and zero cents
($74.00) per month.
SECTION 6. MAINTENANCE, REPAIRS, AND IMPROVEMENTS
(a) Restoration Requirement. City retains the right to require that Licensee
restore the License Area to its condition prior to Licensee's occupancy when
Licensee vacates the License Area. If Licensee does not restore the License
Area to the original condition upon vacating the Site, Licensee will be
provided (within thirty [30] days of vacating) with a written explanation of
restoration expenses, along with an invoice for these expenses. Licensee
shall pay this invoice within sixty (60) days of the postage date. Further, any
- 2 -
damage resulting from Licensee's use of the License Area shall also be
corrected at Licensee's sole cost and expense.
(b) Repai rs and Damages . City shall be responsible for any major structural
repairs to the Site, 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 Site. City shall accept responsibility
for the following items: exterior painting, exterior lighting, roofing, windows
and doors (excluding window treatment and screen doors), exterior wall
repair, HVAC, plumbing.
If the Site is unusable due to damage or destruction, the monthly fee shall be
suspended until the use of the License Area is restored.
(c) Custodial Responsib ilities . Licensee shall be responsible for all arrangements
and costs to provide custodial service to the License Area. City shall be
responsible for all arrangements to provide custodial service for the public
restrooms on the Site.
Licensee and/or the custodial staff shall be responsible for placing rubbish
and recyclable materials in the appropriate locked dumpster located on the
Site. They shall further be responsible for locking that dumpster after each
use. This dumpster shall be kept locked at all times when not in use.
(d) Tenant Improveme nts. Licensee shall submit to the Community Services
Department, in writing, any desired changes/improvements to the License
Area. This shall include any modifications to existing walls, ceiling, windows,
flooring, doors, lighting, interior, exterior, etc. Licensee must receive written
approval from City prior to making any improvements or modifications to the
License Area. All improvements and their maintenance shall be the financial
responsibility of Licensee.
SECTION 7. RESERVATIONS TO CITY
City reserves the right to enter the Site at any reasonable time for the purpose of
inspection and/or repairs for which the City is responsible, or to carry out any municipal
function. This right shall not be exercised in any manner which will unreasonably
interfere with Licensee's use of the License Area. The City will have a key to the
License Area, for emergency or maintenance purposes.
-3 -
SECTION 8. CONDITION OF PREMISES
Licensee agrees to accept the License Area in "as is" condition, and agrees to
assume all further liability arising out of the condition of the License Area, once a final
inspection is completed jointly by both parties.
SECTION 9. INSURANCE/INDEMNITY
Insurance required herein shall be provided by Admitted insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-
Class VII or better.
(a) Comprehensive General Liability. Throughout the term of this License and
any holdover period, Licensee shall maintain in full force and effect
Comprehensive General Liability coverage in the following minimum
amounts:.
$1 ,000,000 property damage;
$1 ,000,000 injury to one person/any one occurrence/not limited
to contractual period;
$1 ,000,000 injury to more than one person/any one
occurrence/not limited to contractual period.
(b) Proof of Insurance Requirements/Endorsement. Licensee shall submit the
certificate of liability insurance, naming the City as additional insured, and an
additional insured endorsement to the City for certification that the insurance
requirements of this License have been satisfied.
(c) Notice of Cancellation/Termination of Insu rance. The above policy/policies
shall not terminate, nor shall they be canceled, nor the coverage's reduced,
until after thirty (30) days' written notice is given to City, except that ten (1 0)
days' notice shall be given if there is a cancellation due to failure to pay a
premium ..
(d) Indemnity . To the greatest extent allowed by law, Licensee shall indemnify,
protect, defend, and hold City and its elected and appointed officials and
employees harmless from and against any and all actions, suits, claims,
demands, judgments, attorneys' fees, costs, damages to persons or property,
losses, penalties, obligations, expenses or liabilities (herein "claims" or
"liabilities") that may be asserted or claimed by any person or entity arising
from or in connection with the willful misconduct or negligent acts, errors or
omissions of Licensee and its agents, representatives, contractors,
-4-
employees or volunteers relating to or arising from Licensee's operations,
programs, use, activities, work or things done, permitted or suffered by
Licensee on, in or about the Site or elsewhere and any and all claims, losses,
actions, damages and liabilities arising from breach or default in the
performance of any obligation on Licensee's part to be performed under the
terms of this License, or arising from any act or omission of Licensee, or any
of Licensee's agents, representatives, contractors, employees or volunteers,
including reasonable attorneys' fees and all costs incurred by City in such
action in connection herewith.
SECTION 10. CONDITIONS OF OPERATION
(a) Licensee's hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.,
Monday through Sunday. Allowable uses shall be limited to the uses set forth
in "Exhibit B". Subject to the advance written consent and approval of
Community Services Director in his or her sole and absolute discretion, and
subject to terms and conditions as may be prescribed by Community Services
Director (including but not limited to insurance and indemnity), the parties
may expand the hours of operation and the list of allowable uses for the
License Area.
(b) Licensee shall, at all times, keep City advised of the name, address, and
telephone number of the person responsible for Licensee's operations on the
License Area.
(c) Licensee shall, at all times, keep City advised of the name and telephone
number(s) of two persons who can be contacted in the event of an
emergency.
(d) 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.
(e) Licensee shall submit a semi-annual performance report, due January 31 and
July 31 of each year, to the Community Services Director, in accordance with
City Council Policy 014. The report shall include:
1. Disclosure of all activities the Licensee has conducted both at the License
Area and in the community on an outreach basis.
2. The number of citizens receiving benefits from activities, including
meetings, classes, events, services.
3. The city(s) of residence of citizens receiving benefits from activities,
including meetings, classes, events, services .
4. Description of any routine maintenance of the License Area.
-5 -
5. Proof of the Licensee's continued non-profit status.
6. Information on the total revenue received by the Licensee during the
reporting period, and disclosure of the sources of that revenue.
(f) Parking spaces adjacent to the Site shall be shared with other users of the
Stone Field Community Building (Capistrano Unified School District). No
parking spaces shall be reserved for Licensee. City shall retain the right to
exclusive use of parking spaces for City business at any time.
(g) All parking must be done in a legal manner (i.e. no double parking).
Licensee shall be responsible for ensuring that attendees park in the
permitted areas in a legal manner.
(h) Licensee shall be responsible for all furniture, equipment, and supplies for the
License Area. All items brought in by Licensee shall be removed at the end of
the term of the License,. including any applicable holdover period. Subject to
the holdover period set forth in Section 3 of this License, City does not grant
permission for items to remain in the facility once the term of the License
ends.
(i) City shall issue keys to the individuals whose names are provided by
Licensee; all keys must be signed-out in accordance with City procedure.
When a person leaves Licensee's program, Licensee must return the key to
City so that person's name can be removed from City records. Licensee is not
permitted to re-issue any key.
SECTION 11. TERMINATION
(a) This License may be terminated upon the default of one of the parties. In the
event of a dispute between the parties, the parties shall first meet and confer
regarding the matter. If the dispute cannot be resolved through a meet and
confer session within thirty (30) days of written notice of a default, then the
License may be unilaterally terminated by the non-defaulting party.
(b) City and Licensee shall have the right to terminate this License without cause
by giving ninety (90) days advance written notice of termination to the other
party.
(c) Upon termination of this License, Licensee shall, at Licensee's sole cost and
expense, remove all equipment and materials and restore the License Area to
its original condition, excepting only normal wear and tear, acts of God and
repairs required to be made by City hereunder.
-6 -
SECTION 12. ENTIRE AGREEMENT
This License contains the entire agreement of the parties hereto with respect to
the matters covered herein, and no other previous agreement, statement or promise
made by any party hereto which is not contained herein shall be binding or valid.
SECTION 13. USE OF ADJACENT MEETING ROOM.
Licensee agrees and understands that Capistrano Unified School District
(CUSD) reserves the right to allow groups and individuals to utilize the adjacent meeting
room.
SECTION 14. GENERAL PROVISIONS
(a) Notices. All notices, demands, consents, or other communications required to
be given under this License shall be accomplished by first class mail, postage
prepaid, and deposited in the U.S. mail, or personally served upon the other
party.
To City:
Cynthia Alexander, Community Services Director
City of San Juan Capistrano
25925 Camino del Avian
San Juan Capistrano, CA 92675
To Licensee :
Angeles Ceballos
C/0 CREER Comunidad y Familia
31322 Camino Capistrano
San Juan Capistrano, CA 92675
(b) Attorney's Fees. In the event any legal action or proceeding is commenced to
interpret or enforce the terms of, or obligations arising out of this License, or
to recover damages for the breach thereof, the party prevailing in any such
action or proceeding shall be entitled to recover from the non-prevailing party
all reasonable attorney's fees, costs and expenses incurred by the prevailing
party.
[Signature Page to Follow]
-7-
IN WITNESS WHEREOF, the parties have executed this License on the day and year
first above written .
CITY OF SAN JUAN CAPISTRANO
By :
Derek Reeve, Mayor
CREER, COMUNIDAD Y FAMILIA
By:
APPROVED AS TO FORM :
I 'i I
.:f~! I (,. I I I ( ;
Hans Van t igte"fr;-ei-ty·Attorne y
Attached Exhibits: A. Site Diagram
B . Allowable Uses
- 8 -
Stone Field Community Building
(242 aquare feet)
Camino Capistrano
EXHIBIT"A"
Site Plan
- 9 -
0
0
0 r.
0
II)
~
0
II)
Allowable Uses Include:
EXHIBIT"B"
Allowable Uses
Stone Field Community Building
CREER-Comunidad y Familia
• Administrative office hours shall be Monday-Sunday, 8:00 a.m. -9:00 p.m.
• There shall be a maximum offour (4) workstations in this area
• The maximum number of persons to be in this area at any one time is ten (1 0)
• Types of activities to take place at this site include: administrative/office functions
• Storage of equipment and supplies are permitted only within the interior of the
office/storage area
• Applicant shall have access to adjacent restroom facilities
Applicant may not utilize the property for any other uses than those specifically
established in this agreement.
10
LICENSE AGREEMENT
BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE
CREER COMUNIDAD Y FAMILIA
PARTIES AND DATE
This License Agreement ("Agreement") is entered into as of this day of August,
2018 ("Effective Date") by and between the City of San Juan Capistrano, a California
municipal corporation (the "City") and CREER Comunidad y Familia a California nonprofit
corporation (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 California nonprofit corporation dedicated to develop children,
youth, and families through educational, cultural, arts, sports, and civic
leadership programs.
B. The City currently leases property known as Stone Field, which includes the
Stone Field Community Building, located at 31322 Camino Capistrano, San
Juan Capistrano (the "Stone Field Community Building"), from Capistrano
Unified School District ("CUSD Lease Agreement"). CUSD Lease Agreement
shall expire on May 18, 2022 unless otherwise extended pursuant to the terms
of the CUSD Lease Agreement.
C . Licensee desires to utilize, for administrative purposes, a portion of the Stone
Field Community Building.
D . City desires to make available a portion of the Stone Field Community Building
to Licensee for such purposes on a temporary basis under the terms and
conditions set forth in this License .
TERMS
1. Grant of License
1.1 . City hereby grants a License to Licensee for the purpose of allowing
Licensee to utilize a portion of the Stone Field Community Building,
for administrative purposes only.
1.2. The portion of the Stone Field Community Building, which is the subject
of this License, is specifically described in the site plan attached hereto
as "Exhibit A" and incorporated herein by this reference ("License
Area"). The Stone Field Community Building, including any parking
areas, is referred to herein as the "Site ."
ATTACHMENT 4
1.3. Under this License, Licensee has the right and sole discretion to deal
with and manage members of the public who enter the License Area.
1.4. Licensee represents that it is recognized by the State of California as
a 501 (c)(3) non-profit organization. Licensee understands that its
non-profit status is a substantial inducement for the City to grant this
License. Licensee agrees to maintain its non-profit status as a
condition of this License. Failure to maintain this non-profit status
shall be considered a breach of this License, subject to the
termination provisions set forth in Section 12 herein.
2. Allowable Uses
2.1. Allowable uses include the following:
2.1.1. Administrative office hours shall be Monday through Sunday,
8:00a.m. -9:00p.m.
2.1.2.
2.1.3.
2.1.4.
2.1.5.
2.1.6.
There shall be a maximum of four (4) workstations in this area.
The maximum number· of persons to be in this area at any one
time is ten (1 0).
The types of activities to take place at this site are
administrative/office functions.
Storage of equipment and supplies are permitted only within
the interior of the office/storage area.
Applicant shall have access to adjacent restroom facilities.
2.2. Licensee shall not utilize the property for any other uses than those
specifically established in this License.
3. Conditions of Operation
3.1. Licensee's hours of operation shall be limited to 8:00a.m. to 9:00p.m.,
Monday through Sunday.
3.2. Licensee shall, at all times, keep City advised of the name, address,
and telephone number of the person responsible for Licensee's
operations on the License Area.
3.3. Licensee shall, at all times, keep City advised of the name and
telephone number(s) of two persons who can be contacted in the event
of an emergency.
3.4. 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.
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3.5 . Licensee shall submit an annual performance report, due December 1
of each year, to the Community Services Director, in accordance with
City Council Policy 014. The report shall include:
3.5.1. Disclosure of all activities the Licensee has conducted both at
the License Area and in the community on an outreach basis.
3.5.2.
3.5.3.
3.5.4.
3.5.5.
3.5.6.
The number of citizens receiving benefits from activities,
including meetings, classes, events, services.
The city(s) of residence of citizens receiving benefits from
activities, including meetings, classes, events, services.
Description of any routine maintenance of the License Area.
Proof of the Licensee's continued non-profit status.
Information on the total revenue received by the Licensee
during the reporting period, and disclosure of the sources of
that revenue.
3.6 . Parking spaces adjacent to the Site shall be shared with other users of
the Stone Field Community Building (Capistrano Unified School
District). No parking spaces shall be reserved for Licensee. City shall
retain the right to exclusive use of parking spaces for City business at
any time.
3.7 . All parking must be done in a legal manner (i.e. no double parking).
3.8 . Licensee shall be responsible for ensuring that attendees park in the
permitted areas in a legal manner.
3.9 . Licensee shall be responsible for all furniture, equipment, and supplies
for the License Area. All items brought in by Licensee shall be removed
at the end of the term of the License, including any applicable holdover
period. Subject to the holdover period set forth in Section 4 of this
License, City does not grant permission for items to remain in the facility
once the term of the License ends.
3.1 0 . 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.
3.11 . City shall issue up to two (2) keys to the individuals whose names are
provided by Licensee; all keys must be signed-out in accordance with
City procedure. Licensee shall ensure that only the individuals issued
the key shall be authorized to use the key. When a person leaves
Licensee's program, Licensee shall return the key to City so that the
person's name can be removed from City records. Licensee shall not
re-issue any key, or allow any sharing or borrowing of the City issued
key.
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3.12 . The keys issued shall not be copied by Licensee. Additional keys will
be issued at the discretion of the City and shall incur a fee of $50.00.
Lost keys will be replaced for a fee of $250.00.
3.13. Licensee agrees and understands that Capistrano Unified School
District (CUSD) reserves the right to allow groups and individuals to
utilize the adjacent meeting room.
4. Term of License
4.1 . The term of the License shall be two (2) years from the Effective
Date. The License may be renewed for two (2) additional one (1)
year terms, upon the mutual written agreement of both parties.
4.2. In addition, Licensee is hereby granted a 60-day holdover period
with respect to the term, wherein, Licensee may occupy the License
Area for up to 60 days to accommodate any need Licensee may
have to move its operations to another location. During this holdover
period, Licensee shall continue to pay a monthly fee in the amount
set forth in Section 6 of this License.
4.3 . Licensee acknowledges the CUSD Lease Agreement shall expire
on May 18, 2022 unless extended pursuant to the terms of the
CUSD Lease Agreement. Parties agree that any extension
exercised under this agreement or the holdover period shall not
extend beyond the term of the CUSD Lease Agreement. Should the
CUSD Lease Agreement terminate with the City on May 18, 2022,
Licensee hereby agrees that it shall vacate the License Area prior
to May 17, 2022, and this License Agreement shall immediately
terminate on the date the Licensee provides the City notice of the
vacation of the Licensee Area. City agrees that it will provide
Licensee with as much notice as possible, but Parties agree that
that said notice may be less than 60-days.
5. Utilities
5.1. Licensee shall be responsible for the cost of all utility services
required in conducting its operations in the License Area authorized
under this License. Gas, water and electrical fees are part of the
monthly fee set forth in Section 6 of this License. Telephone,
television, cable, security or alarm services or Internet services and
any other expenses related to these services are the sole
responsibility of Licensee. City shall not require sub-metering of the
facility.
5.2 . Licensee shall be responsible for opening and closing the License Area
for installation, repairs, and/or removal of these services. City staff will
not meet vendors for delivery, installation, repair, or removal
appointments.
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6. Fees
6.1 . In consideration of the foregoing, Licensee shall pay to the City a
monthly fee in the amount of forty-nine dollars and zero cents
($49.00) and a twenty-five dollar ($25.00) monthly utility fee (Section
5), totaling seventy-four dollars and zero cents ($74.00) per month.
6.2. Licensee's monthly fees shall be paid upon License execution of the
Agreement and on the first of each month thereafter.
6.3. Late Fee. Licensee's failure to pay the monthly fee by the 1Oth day of
the month will result in a late charge of 1 0% of the monthly fee. Licensee
acknowledges that late payment by Licensee to Licensor of any sums
due hereunder will cause Licensor to incur costs not contemplated by
this License, the exact amount of such costs being extremely difficult
and impracticable to fix . Such costs include, without limitation,
processing and accounting charges. The parties agree that this late
charge represents a fair and reasonable estimate of the costs that
Licensor will incur by reason of late payment by Licensee.
7. Maintenance, Repairs , and Improvements
7.1 . Restoration Requirement. City retains the right to require that
Licensee restore the License Area to its condition prior to
Licensee's occupancy when Licensee vacates the License Area. If
Licensee does not restore the License Area to the original condition
upon vacating the Site, Licensee will be provided (within thirty [30]
days of vacating) with a written explanation of restoration expenses,
along with an invoice for these expenses. Licensee shall pay this
invoice within sixty (60) days of the postage date. Further, any
damage resulting from Licensee's use of the License Area shall also be
corrected at Licensee's sole cost and expense.
7.2. Repairs and Damages. City shall be responsible for any major structural
repairs to the Site, 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 Site. City shall accept
responsibility for the following items: exterior painting, exterior lighting,
roofing, windows and doors (excluding window treatment and screen
doors), exterior wall repair, HVAC, plumbing. If the Site is unusable due
to damage or destruction, the monthly fee shall be suspended until the
use of the License Area is restored.
7 .3. Custodial Responsibilities. Licensee shall be responsible for all
arrangements and costs to provide custodial service to the License
Area. City shall be responsible for all arrangements to provide custodial
service for the public restrooms on the Site. Licensee and/or the
custodial staff shall be responsible for placing rubbish and recyclable
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materials in the appropriate locked dumpster located on the Site. They
shall further be responsible for locking that dumpster after each use.
This dumpster shall be kept locked at all times when not in use.
7.4 . Tenant Improvements. Licensee shall submit to the Community
Services Department, in writing, any desired changes/improvements to
the License Area. This shall include any modifications to existing walls,
ceiling, windows, flooring, doors, lighting, interior, exterior, etc.
Licensee must receive written approval from City prior to making any
improvements or modifications to the License Area. All improvements
and their maintenance shall be the financial responsibility of Licensee.
8. Reservations to Citv. City reserves the right to enter the Site at any reasonable time
for the purpose of inspection and/or repairs for which the City is responsible, or to
carry out any municipal function. This right shall not be exercised in any manner which
will unreasonably interfere with Licensee's use of the License Area. The City will have
a key to the License Area, for emergency or maintenance purposes.
9. Condition of Premises. Licensee agrees to accept the License Area in "AS IS"
condition, and agrees to assume all further liability arising out of the condition of the
License Area, once a final inspection is completed jointly by both parties.
1 O.lnsurance
1 0.1. Time for Compliance. Licensee shall provide evidence satisfactory to
the City that it has secured all insurance required under this Section.
1 0.2 . The Licensee shall take out and maintain, during term of this
Agreement, in amounts not less than specified herein, Commercial
General Liability Insurance, in a form and with insurance companies
acceptable to the City.
1 0.3 . Coverage for Commercial General Liability insurance shall be at least
as broad as Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent and shall
include the following coverage:
10.3.1. Bodily Injury and Property Damage
10.3.2. Personal Injury/Advertising Injury
10.3.3. Premises/Operations Liability
10.3.4. Products/Completed Operations Liability
10.3.5. Aggregate Limits that Apply per Project
10.3.6. Explosion, Collapse and Underground (UCX) exclusion deleted
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10.3.7. Contractual Liability with respect to this Agreement
10.3.8. Broad Form Property Damage
10.3.9. Independent Licensees Coverage
1 0.4. The policy shall contain no endorsements or prov1s1ons limiting
coverage for (1) contractual liability; (2) cross liability exclusion for
claims or suits by one insured against another; (3) products/completed
operations liability; or ( 4) contain any other exclusion contrary to the
Agreement.
1 0.5 . The policy shall give City, its officials, officers, employees, agents and
City designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 1 0 01, or endorsements
providing the exact same coverage.
1 0.6. The general liability program may utilize either deductibles or provide
coverage excess of a self-insured retention, subject to written approval
by the City, and provided that such deductibles shall not apply to the
City as an additional insured.
10.7. Minimum Policy Limits Required. Licensee shall maintain Commercial
General Liability with a limit of $1,000,000 per occurrence/ $2,000,000
aggregate for bodily injury, personal injury, and property damage.
1 0.8 . Policy Provisions Required
10.8.1.
10.8.2.
10.8.3.
Licensee shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this
Agreement, except that the Licensee shall provide at least ten
(1 0) days prior written notice of cancellation of any such policy
due to non-payment of premium. If any of the required coverage
is cancelled or expires during the term of this Agreement, the
Licensee shall deliver renewal certificate(s) including the
General Liability Additional Insured Endorsement to the City at
least ten (1 0) days prior to the effective date of cancellation or
expiration.
The Commercial General Liability Policy shall contain a
provision stating that 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.
The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Licensee shall maintain
such coverage continuously for a period of at least three years
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10.8.4 .
10.8.5.
after the termination of this Agreement. Licensee shall
purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this
Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a
retroactive date subsequent to the effective date of this
Agreement.
All required insurance coverages, shall contain or be endorsed
to waiver of subrogation in favor of the City, its officials, officers,
employees, agents, and volunteers or shall specifically allow
Licensee or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to
a loss. Licensee hereby waives its own right of recovery against
City.
The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with
respect to the limits of liability. Further the limits set forth herein
shall not be construed to relieve the Licensee from liability in
excess of such coverage, nor shall it limit the Licensee's
indemnification obligations to the City and shall not preclude
the City from taking such other actions available to the City
under other provisions of the Agreement or law.
1 0.9. Qualifying Insu rers
10.10.
10.9.1.
10.9.2 .
All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the
following minimum requirements:
Each such policy shall be from a company or companies with a
current A.M. Best's rating of no less than A:VII and admitted to
transact in the business of insurance in the State of California,
or otherwise allowed to place insurance through surplus line
brokers under applicable provisions of the California Insurance
Code or any federal law.
Additional Insurance Provisions .
10.10.1 . The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Licensee, and any
approval of said insurance by the City, is not intended to and
shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the Licensee pursuant to this
Agreement, including but not limited to, the provisions
concerning indemnification.
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10.10.2.
10.10.3.
10.10.4.
11.1ndemnification .
If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with
these specifications or is canceled and not replaced, City has
the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly
reimbursed by Licensee or City will withhold amounts sufficient
to pay premium from Licensee payments. In the alternative,
City may cancel this Agreement.
The City may require the Licensee to provide complete copies
of all insurance policies in effect for the duration of the
Agreement.
Neither the City nor any of its officials, officers, employees,
agents or volunteers shall be personally responsible for any
liability arising under or by virtue of this Agreement.
11.1 . To the fullest extent permitted by law, Licensee shall defend (with
counsel reasonably approved by the City), indemnify and hold the City,
its officials, officers, employees, agents and volunteers free and
harmless from any and all claims, demands, causes of action, suits,
actions, proceedings, costs, expenses, liability, judgments, awards,
decrees, settlements, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, (collectively,
"Claims') in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions, or willful misconduct of Licensee, its
officials, officers, employees, subcontractors, Licensees or agents in
connection with the performance of the Licensee's services, this
Agreement, including without limitation the payment of all consequential
damages, expert witness fees and attorneys' fees and other related
costs and expenses. Notwithstanding the foregoing, to the extent
Licensee's services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to Claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Licensee. Licensee's
obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its officials, officers, employees, agents or
volunteers .
11.2 . Additional Indemnity Obligations. Licensee shall defend, with counsel
of City's choosing and at Licensee's own cost, expense and risk, any
and all Claims covered by this section that may be brought or instituted
against the City, its officials, officers, employees, agents or volunteers.
Licensee shall pay and satisfy any judgment, award or decree that may
be rendered against the City, its officials, officers, employees, agents
or volunteers as part of any such claim, suit, action or other proceeding.
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12. Termination.
Licensee shall also reimburse City for the cost of any settlement paid
by the City, its officials, officers, employees, agents or volunteers as
part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and
costs, including expert witness fees. Licensee shall reimburse the City,
its officials, officers, employees, agents and volunteers, for any and all
legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Licensee's
obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its officials, officers, employees, agents and
volunteers.
12.1 . This License may be terminated upon the default of one of the parties.
In the event of a dispute between the parties, the parties shall first meet
and confer regarding the matter. If the dispute cannot be resolved
through a meet and confer session within thirty (30) days of written
notice of a default, then the License may be unilaterally terminated by
the non-defaulting party.
12.2. City and Licensee shall have the right to terminate this License without
cause by giving ninety (90) days advance written notice of termination
to the other party.
12.3. Upon termination of this License, Licensee shall, at Licensee's sole cost
and expense, remove all equipment and materials and restore the
License Area to its original condition, excepting only normal wear and
tear, acts of God and repairs required to be made by City hereunder.
13. 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.
14. Governing Law and Venue. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Orange County.
15. 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.
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16. Supplement. Modificatio n, and Amendment. No supplement, modification, and/or
amendment of this Agreement shall be binding unless executed in writing and signed
by both Parties.
17. 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, or transferee shall acquire no right or interest by
reason of such attempted assignment, or transfer. Unless specifically stated to the
contrary in the City's written consent, any assignment, or transfer shall not release or
discharge the Licensee from any duty or responsibility under this Agreement.
18. 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.
19. Construction, References. and Captions.
19.1. 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.
19.2. 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.
19.3 . Calendar Days. Any term referencing time, days, or period for
performance shall be deemed calendar days and not work
days .
19.4. 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.
19.5. References to the Licensee. All references to the Licensee shall
include all officials, officers, personnel, employees, agents,
11
contractors, and subcontractors of Licensee, except as
otherwise specified in this Agreement.
20. 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.
21. 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 21 (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: To Licensee:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Manager
22. Entire Agreement and Severability
Angeles Ceballos
C/0 CREER Comunidad y Familia
31322 Camino Capistrano
San Juan Capistrano, CA 92675
22.1. 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.
22.2. 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.
23. Bind i ng Effect.
23 .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.
23.2 . Successors and Assigns. This Agreement shall be binding on
the successors and assigns of the Parties.
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23.3. Not Authorization to Ass ign . This Section 23 (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 17 (Assignment or Transfer).
Signatures on next page.
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SIGNATURE PAGE TO LICENSE AGREEMENT
BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE CREER COMUNIDAD Y
FAMILIA.
In witness thereof, the Parties here to have executed this Agreement:
City of San Juan Capistrano
A California municipal corporation
By:
BENJAMIN SIEGEL,
City Manager
ATTEST:
By:
MARIA MORRIS,
City Clerk
APPROVED AS TO FORM:
By:
JEFF BALLINGER,
City Attorney
CREER Comunidad y Familia
By:
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Exhibit A
Stone Field Facility
(Aerial View)
15
Exhibit A (continued)
16
MINUTES
June 18, 2018
REGULAR MEETING
PARKS, RECREATION, YOUTH AND SENIOR SERVICES,
TRAIL AND EQUESTRIAN COMMISSION
Vice Chair Zukow, called the Regular Meeting of the San Juan Capistrano Parks,
Recreation, Youth and Senior Services, Trails and Equestrian Commission to order at
5:30 p.m. in the Council Chamber.
E. ADMINISTRATIVE ITEMS:
1. CONSIDERATION OF A LICENSE AGREEMENT FOR USE OF A PORTION OF THE
STONE FIELD COMMUNITY BUILDING LOCATED AT 31322 CAMINO
CAPISTRANO (CREER-COMUNIDAD Y FAMILIA)
Public Comments: Aileen May, City resident; Mary Alisia, City resident.
Commission Action: Moved by Commissioner Muir, seconded by Commissioner
Ostensen, and carried unanimously, 5-0, to provide approval of the recommendation
to City Council regarding a License Agreement with GREER-Comunidad y Familia for
use of a portion of the Stone Field Community Building, located at 31322 Camino
Capistrano for the term of two (2) years from the Effective Date and then may be
renewed for an additional two years, upon the mutual written agreement of both
parties.
ADJOURNMENT
There being no further business before the Commission, Vice Chair Zukow adjourned the
meeting at 6:03p.m. to the Special Parks, Recreation, Youth Services, Senior, Trails and
Equestrian Commission meeting scheduled for Monday, July 16, 2018 at 5:30 p.m.
Parks, Recreation, Youth and Senior Services, Trails
and Equestrian Commission Meeting Minutes
- 1 -6/18/18
ATTACHMENT 5