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07-0306_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_D5_Agenda Report 3/6/2007 AGENDA REPORT D5 TO: Dave Adams, City Manager FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of an Amendment to the Real Property Lease (Boys & Girls Clubs of Capistrano Valley) RECOMMENDATION: By motion, approve an amendment to the Real Property Lease dated June 1, 1999, between the City of San Juan Capistrano and the Boys & Girls Clubs of Capistrano Valley to include: 1. Adding real property at the south end of the gymnasium area for the Boys & Girls Clubs of Capistrano Valley proposed teen center. 2. Revise the term of the Real Property Lease for a term of twenty-five (25) years from effective date of the amendment agreement. SITUATION: Summary and Recommendation: The Boys & Girls Clubs of Capistrano Valley, Board of Directors have requested a modification to the organization's existing Real Property Lease with the City to allow the expansion of the existing facility to permit the addition of approximately 7,000 square feet for a proposed teen center (Attachment 1). The proposed teen center will have a separate entrance from the existing Club and is intended to serve teenage members (12-18 years of age), who are currently under-served. Staff recommends approval of the lease amendment with revised provisions (Attachment 2). Background: The Boys & Girls Clubs of Capistrano Valley opened its doors to begin serving the youth of the community in 1991. Initially the Club was housed in a combination of a warehouse and old classrooms at the Serra Continuation High School site. The Club quickly was at capacity and served 200 members per day. Agenda Report Page 2 March 6, 2007 In 1997, the Club's Board of Directors began a capital campaign to raise money to build a permanent facility adjacent to the City's new gymnasium. In August 1998, the City Council approved a Memorandum of Understanding (Attachments 3 & 4), and in June 1999, approved the Real Property Lease to allow the Club to move forward with its plan (Attachments 5 & 6). In July 1998, the Planning Commission approved the plan for the current facility, and in the spring of 2000, the building was opened to the public. The Club currently serves upwards of 400 youth per day with a membership approaching 2000. When the Club was designed, it had a space of approximately 750 square feet set aside as a gathering space for teen members between the ages of 13 and 18. Teens may use any of the Club facilities, but tend to cluster together in the "Teen Room" which can become very crowded. Concerns were raised by Club staff that the organization was losing teen members because they did not want to continue to recreate with "little kids" as the teens got older. In an attempt to better define the needs of community teens, the Club sponsored a Community Design Workshop on October 29, 2001. An open invitation was extended to teens and community leaders. Approximately 25 people attended and participated. The conclusion was that the City needed a teen center that could provide many of the same programs as the current Boys & Girls Clubs of Capistrano Valley but in a separate facility that was tailored for teens. The Club currently serves about 170 teens. The new facility is expected to accommodate 850. During the past five (5) years, the Boys & Girls Clubs of Capistrano Valley Board has been preparing planning and design work, and has developed a concept plan for a new teen facility (Attachment 7). In addition, fundraising activities have begun which has resulted in donations and commitments for nearly one-half of the projected $4.2 million dollar budget required for construction and operation. Actual construction is expected to cost $2 million dollars. One million is planned for an endowment fund, $500,000 is to pay off current debt, and the balance is for furnishings and initial operating costs. The project is intended to be funded through private donations. To date, the Club has raised over $2.1 million dollars in cash and pledges. Included in this is an earlier pledge made by the San Juan Capistrano City Council of $200,000 and another for $50,000 from the City of Dana Point. The Club's Board expects to raise all of the remaining funds before starting construction. Should all City approvals be accomplished, the Club plans to start construction in late summer 2007. The $200,000 that the City of San Juan Capistrano has pledged to the Boys & Girls Clubs of Capistrano Valley is to be used for operational costs for the proposed teen center; therefore, if for some reason the proposed teen center is not constructed, the $200,000 will be returned to the City. The City of San Juan Capistrano has been budgeting $91,820 per year for funds to be used by the Club for operating costs. The City of Dana Point has been giving $20,000 Agenda Report Page 3 March 6, 2007 annually, but has indicated that this will increase to $40,000 next fiscal year. The majority of the organization's operating funds came from private contributions and grants. Prior to completion of construction of the proposed teen center, City staff and Boys & Girls Clubs of Capistrano Valley staff will be developing a revised Memorandum of Understanding regarding operational issues of the proposed teen center. Due to the nature of teens, some potential operational issues need to be mitigated such as loitering in and around the Community Center/Sports Park complex, smoking, alcohol/drug use and parking. Although staff does not see these issues as a deterrent to construct the proposed teen center, these potential issues need to be addressed as proactive measures. Discussions about youth needs, design options, community financial support, and the relationship of a permanent teen center to existing facilities have been in progress for over five years. Feasibility studies conducted by the Boys & Girls Clubs of Capistrano Valley Board, as well as preliminary fund raising, support the teen center concept viability. The Club's Board is now prepared to start through the City's site and architectural review process. Before proceeding further with the project, staff and the Board is requesting approval of the lease modification so the Club can move forward with the certainty that once they receive the appropriate land use approvals, the Club will be able to use the land area proposed. The Board understands that should the City Council approve the lease modification, the project can only be built after receiving required approvals within the City's planning process. Project Description: The addition will be a two-story structure attached to the south wall of the City gymnasium and the Club's Community Room. The addition will require the use of approximately 6,100 square feet of landscape area between the existing building and the side walk to the south. The conceptual design has a site layout that will remove 6,100 square feet of landscaping at the south end of the gymnasium. It is planned that the new building will be screened with mature plantings as depicted on the conceptual rendering. The proposed teen center will be designed to be flexible and will include a large game room/lounge, a learning center, a multi-media/music room, a teen services room, a workout room, and a number of multi-use spaces. The project as conceived will, when combined with the shared use gymnasium, provide over 32,000 square feet of facilities for the youth of San Juan Capistrano. Agenda Report Page 4 March 6, 2007 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: It is not necessary for the City Commissions to approve the amended Real Property Lease. The site plan and architecture will require formal approval by the City's Design Review Committee; Planning Commission; Parks, Recreation and Equestrian Commission; and City Council. Council action on this item would amend the Real Property Lease, but would not approve the conceptual design at this time. The conceptual design will be processed subsequent to consideration of the lease. FINANCIAL CONSIDERATIONS: The City will not incur expenses with the amendment of the Real Property Lease. NOTIFICATION: James Littlejohn, Executive Director* Ken Friess, Volunteer Project Manager` Jim Hernandez, HB&A Architects* * Agenda Report included RECOMMENDATION: By motion, approve an amendment to the Real Property Lease dated June 1, 1999, between the City of San Juan Capistrano and the Boys & Girls Clubs of Capistrano Valley to include: 1. Adding real property at the south end of the gymnasium area for the Boys & Girls Clubs of Capistrano Valley proposed teen center. 2. Revise the term of the Real Property Lease for a term of twenty-five (25) years from effective date of the amendment agreement. Respectfully submitted, Karen Crocker Community Services Director Attachments: 1. Letter from Applicant 2. Amendment to Lease of Real Property Agreement 3. Memorandum of Understanding 4. Resolution for Original Negative Declaration 5. Original Real Property Lease 6. Resolution for Original Guarantee of Repayment of Construction Loan 7. Conceptual Design Rendering 8. Location Map BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY February 7, 2007 Boys and Girls Clubs of Capistrano Valley Dave Adams One Via Positive City Manager San Juan Capistrano,CA 92675 Tel 949.240.7898 City of San Juan Capistrano Fax 949.240.7308 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Lease Amendment to Allow Teen Center to be Constructed Adjacent to the Existing City Gymnasium and Boys & Girls Club Facilities Dear Dave, As you know the Boys & Girls Clubs of Capistrano Valley has been working on a plan for five years to expand our current facility to provide more services to the Club's teen population. The expansion would entail approximately 7,000 square feet in two stories at the parking lot side of the city gymnasium and the existing Boys & Girls Club. Over the past five years we have done alternative designs and feasibility studies, as well as testing the waters of the local community to determine if there is the support to successfully carry out a capital campaign. We have also held concept meetings with your predecessor George Scarborough, yourself, members of the planning and the community services departments, and with various city council members. Based upon our studies and input from the various members of the community with whom we have interacted we are convinced that we can have a successful capital campaign, and will be able to accomplish the expansion in a timely manner. It is our desire to request the approval of a modification to the lease the Boys & Girls Clubs of Capistrano Valley currently has with the City. The modification would allow the addition of approximately 6,100 square feet of land at the south end of the gymnasium area between the building and the sidewalk. This area would be used to create the 7,000 square foot two story expansion. We feel the design will be very compatible with the existing structures and will be an excellent addition to recreational services for the youth of our community. We understand and appreciate that even with City approval of the lease modification we will still need to have the project approved by the appropriate city boards and commissions. It is our understanding that the City Attorney, John Shaw, has prepared a lease agreement for consideration by the City ATTACHMENT FEB 13 2007 Council, and we are respectfully requesting that the review of the BOYS & GIRLS CLUBS lease be scheduled for the March 6, 2007 City Council meeting. OF CAPISTRANO VALLEY Boys and Girls Clubs I am attaching a brief history of the Club for your review. of Capistrano Valley One Via Positiva Thank you for your consideration. San Juan Capistrano,CA 92675 Tel 949.240.7898 Fax 949.240.7308 Sincerely, James Littlejohn Executive Director A Brief Boys & Girls Club History BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY Boys and Girls Clubs The Boys & Girls Club begun in 1991 to serve a population of at of Capistrano Valley risk teens. Initially it had a membership of 35. One Via Positive San Juan Capistrano,CA 92675 Within two years the Club had expanded at its original 2,800 Tel 949.240.7398 square foot site at Serra High School to serve over 100 youth Fax 949.240.7308 s q g each day. In 1997, after the development of a strategic plan, the Club's board of directors elected to start a capital campaign to raise the money to install a permanent facility adjacent to the City's new gymnasium and Community Center. The campaign raised 2 '/3 million dollars and construction was begun on a new 11,000 square foot facility under the approval and support of the City of San Juan Capistrano. In 2000 the Club opened in its new facility and the staff was immediately overwhelmed with members. Since its first day the Club has been serving 200 or more youth per day with a formal membership approaching 1200. From the opening of the new facility it was apparent that there was inadequate space to serve youth between the ages of 13 and 18. In order to identify the best way to address the needs of this youth group the Club sponsored a Community Design ` Workshop that was held on October 29, 2001 with an open invitation to teens, and community leaders. The outcome of the workshop attended by some 25 individuals was direction that a separate facility designed exclusively for teens was needed within the community. During the ensuing years meetings have been held with various San Juan Capistrano community groups including: City staff, Rotary Club, The Youth Advisory Board, and the Seniors Club. All of the groups have vigorously supported the developing facility concept plans which were ultimately presented to the City's Development Advisory Board in September 2006. Currently the Club is awaiting approval of the lease it has with the City of San Juan Capistrano that would allow the use of 6,100 square feet at the south end of the City's gymnasium to build a two story 7,000 square foot Teen Center. The Club is serving approximately 170 teens in the target group now. The new facility will accommodate 850 members. AMENDMENT TO LEASE OF REAL PROPERTY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY (FORMERLY KNOWN AS THE BOYS & GIRLS CLUB OF CAPISTRANO VALLEY) This Amendment to Lease of Real Property Agreement is made this day of 2007, by and between the City of San Juan Capistrano (hereinafter "Lessor"), and The Boys and Girls Clubs of Capistrano Valley (hereinafter "Lessee"), formerly known as the Boys & Girls Club of Capistrano Valley. Whereas, On June 1, 1999, Lessor and Lessee entered into a certain real property lease ('Real Property Lease") for certain property owned by the Lessor in the City of San Juan Capistrano for the purpose of allowing Lessee to construct a Boys & Girls Club center, and Whereas, Lessor and Lessee desire to further amend the Real Property Lease for the primary purpose of: (1) adding real property to the demised premises; and, (2) extending the term of the real property lease, and NOW, THEREFORE, in consideration of the foregoing, and the covenants and conditions set forth below, Lessor and Lessee hereby mutually agree as follows: Section 1. Amended Leased Premises. The "Premises' as set forth in the Real Property lease is amended to include the original leased property plus that additional property generally depicted Exhibit A, labeled "Proposed Teen Center," said Exhibit A being attached and incorporated herein by reference. The parties agree and understand that the additional leased area is to be developed by Lessee as a teen center. Section 2. Lease Term. The term of the Real Property Lease will now be for a term of twenty-five (25) years from effective date of this Amendment agreement. The option granted by Lessor for an additional twenty-five (25) year period, as provided for in section 4(a) of the Real Property Lease, shall remain in full force and effect. Section 3. Miscellaneous. (a) Section 8(d) of the Real Property Lease is amended to read as follows: "Lessee may encumber this Lease, its Leasehold estate and its improvements thereon by deed of trust, mortgage, chattel mortgage or other security instrument to assure the payment of a promissory note or notes of Lessee, upon the express condition that the net proceeds of such loan or loans shall be ATTACHMENT 2 devoted exclusively to developing and/or improving the leased Premises or for operating expenses of the Lessee. The City allotted $200,000 to the Lessee for the proposed teen center operations. If the teen center is not constructed for any reason, the Lessee will return the $200,000 operational funds to the City." (b) All other terms and conditions of the Real Property lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. CITY OF SAN JUAN CAPISTRANO By: Mayor Sam Allevato Attest: By: Margaret R. Monahan City Clerk Approved as to form: By: John R. Shaw City Attorney BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY By: James Littlejohn, Executive Director MAWD ` • • -- LEOEND POtna EXISMIG _►SCHOOL >( ,Mau EkSTYip 8AEC8AtC FEIDS $PORT$PARK -._^ -^ I 1 , ♦ }� ^ ': s 1i. ti. PROJECT DATA ��•� S —. . : Q BOY • • CLU { _ L ' • ; #`' XEMSTING . LU LU UMTY Y • 'wrm.ww, w .- CENTER 'y\�.ii +L"� �` • ♦`� ——— — ——. —— •YwL,1.a. WING SOCCER Q W flEIDui PRO1FCTr>EwRrraN: i _ PROCTA►.IY.; U) z =%-- • � r. M '�Et�° NWECiIIpOPEJk � ^ MR.� _ ': ':I OWNER: 0 LU a U EXWWG 1 E s. < r.: 7oanoNUAr DEL OBISPO t •"" r`r+ !P „y,I YICi NITT MA-pi O ELEMEWARY �: li 4-4 laa► unn+\runs ♦ t o • • • : • • • • • • , \ • ��, s • •i• • ' . ♦ • ♦1• • ' r�r1• • • • tl+• ." (:J •.iNfl- Reif::.:: ! :• r • • • r ♦ • .�. ,. TEEN CENTER • j(; J>%='.`. {`•:°a'.'' il.. ,�)>:� 'a�f/l7• i .i v. .s �.�IT(,�'� '.� .•[TTS T annw ma CAMINO DEL AYION flRE iAASTER SITE PLAN , rt A1.1 1 b 1 < 1 , i i '� �ra�ww�su�Mn � �FaA1wIryNp MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the "MOU") is made this 18th day of August, 1998, by and between the City of San Juan Capistrano (hereinafter referred to as "City"), and the Boys and Girls Club of Capistrano Valley, a non-profit corporation (hereinafter referred to as the "Club"). RECITALS: WHEREAS, City owns certain vacant real property (hereinafter referred to as the "Site") located within the City's Sports Park Complex which is situated in the City of San Juan Capistrano, County of Orange, State of California, and more particularly described in the site plan attached as Exhibit "A" to this MOU; and WHEREAS, Club has proposed to City a plan to construct a Boys and Girls Club facility (hereinafter referred to as the "Club Facility") consisting of approximately Eleven Thousand (11,000) square feet to be located on the Site; and WHEREAS the Club proposes to construct the Club Facility from funds consisting of approximately One Million Eight Hundred Thousand Dollars ($1,800,000) to be collected from a major fund raising drive; and WHEREAS, the Club proposes to lease the Site from City in order to provide the land for the Club Facility; NOW, THEREFORE, BE IT MUTUALLY RESOLVED between City and Club as follows: Section 1. The Site and Description of Club Facility. The Site consists of that real property as depicted on the Site Plan, attached as Exhibit "A", and incorporated herein by reference. The Club Facility is proposed to consist of approximately Eleven Thousand (11,000) square feet. A footprint of the Club Facility is depicted-on Exhibit "A." The Site where the Club Facility is proposed to be constructed is part of a larger parcel that will be used by City for municipal purposes, including without limitation, a community center and a gymnasium. Section 2. Purposes and Uses of Club Facility. i The Site shall be leased to Club solely and exclusively for the purpose of constructing, operating and maintaining the Club Facility to provide recreational and other c:WgNAn60*pdocs�ogree%oys0s.agr -1- ATTACHMENT 3 I social programs on a non-discriminatory basis to residents and other persons within the Capistrano community pursuant to the bylaws, articles of incorporation and rules and regulations of the Boys and Girls Club of Capistrano Valley as they currently exist or may be amended in the future for the conduct of fund raising activities, and for such other related or incidental purposes as may first be approved in writing by the City Manager. The buildings and facilities to be built by Club are described for convenience on Exhibit "B" attached hereto and incorporated herein by reference. Section 3. City's Commitment to Grant a Lease Subiect to Terms of this MOU/Funding Threshold Requirement. City pledges that it shall enter into a lease with Club, providing mutual agreement is reached between the parties on the terms of the leasehold, wherein the Site shall be leased to the Club. This covenant is conditioned upon the condition precedent, however, that Club shall raise through its fund raising drive the total sum of money equal to one-third (1/3) the cost of constructing the Club Facility as described in this MOU. The Club presently estimates that the total cost to complete the Club Facility is One Million Eight 2- Hundred Thousand Dollars ($1,800,000.) At such time as Club has reached a funding commitment equal to one-third of the cost required to complete the Club Facility, then Club shall provide written verification to City that Club has in its possession said funds. Thereupon, City shall forthwith commence good faith negotiations with Club for the purpose of consummating a leasehold arrangement between the parties. The parties agree that the leasehold agreement shall contain a provision wherein Club shall have secured funding commitments in a form and amount acceptable to City as a condition precedent to City's grant of leasehold rights to Club. Section 4. Term and Termination. This MOU shall remain in full force and effect until such time as mutually rescinded by the parties, or within two (2) years from date of execution of the MOU, whichever occurs sooner. Section 5. Subsequent Leasehold Performance Matters. City and Club agree that the efficacious operation of the Club Facility is of paramount importance to the parties because of the facility's proposed unique location adjacent to the City's Community Center, a soon to be built gymnasium, and the City's Sports Park complex. Accordingly, City and Club agree that, in the event the funding commitment requirements of this MOU are met, a future lease of the Site to the Club shall contain the following performance/default requirements: c:\wpwin6OVwpdo \agrwboysgrts.agr -2- 08/05/98 I "Performance and Default Requirements. 1. Operational Issues. In the event .that the Club experiences significant operational problems, including but not limited to a lack of proper facilities' maintenance, a consistent pattern of unresolved conflicts between City and Club, significant decline of program participation below established goals, and unreasonable.and unresolved police calls pertaining to Club Facility, then the City Council reserves the right to consider initiating a process for the possible assumption of City interim day-today club management for the purpose of insuring successful performance of the Club's youth program. The process shall be: (a) The City Council may call for a hearing after giving written notice to the Club for the purpose of requesting a Panel Review for any of the above-stated operational problems. "Panel Review" is defined to mean a Panel, "consisting of two (2) members of the City Council, two (2) members of the Club's Board of Directors, and two (2) members of the Capistrano Unified School Board, which shall conduct one or more meetings in compliance with the Brown Act in review of the question put to it by the City Council. (b) If, after conducting a hearing, the City Council votes by simple majority of its entire membership to initiate a Panel Review, then a written statement of the issue shall be transmitted to the Panel for review. (c) The Panel may elect to recommend to the City Council and the Club that the management be assumed, or not assumed by the City, or, in the alternative, recommend other appropriate courses of action. (d) Thereafter, the matter shall be heard by the City Council as soon as reasonably practicable. The Council shall not vote to assume the day-to-day management in the event that the Panel recommends against such an assumption of management. The Club shall be given a full opportunity to address the City Council regarding this matter prior to the City Council making a final determination on the issue. i _ I I c:WgwAn6ONwpdocs4gree\boysgrls.agr -3- 08/06/98 (e) In the event that the City Council unilaterally votes to assume the day- to-day management of the Club on an interim basis and consistent with the steps set forth herein, the City shall then deliver notice to the Club within twenty-four (24) hours of such decision. The Club shall then take immediate steps to coordinate with City. In the event that the Club does not comply with this subsection, then the leasehold shall be deemed to be void and forfeited by the Club. 2. Default. Time and each of the terms, covenants and conditions hereof are expressly made the essence of this Agreement. If the Club shall fail to comply with any of the terms, covenants or conditions of this Agreement, and shall fail to remedy such default within thirty (30) days after service of a written notice from City, or to commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to completion, or if Club shall abandon or vacate the leased Site, City may, at its option, and without further notice or demand, terminate this Agreement and enter upon the leased Site and take possession thereof, and remove any and all persons therefrom with or without process of law." The lease shall also contain a provision to be negotiated by City and Club relating to the status of the title of the building improvements in the event of default of the Agreement by the Club. Section 6. Notices. Any notices required to be given under this MOU may be served by depositing the notice in the.U. S. mail, first class mail, postage prepaid. Service shall be deemed complete upon the fifth day following deposit in the mail. Notices shall be sent to: To City: City of San Juan Capistrano City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 c:\Wpwin60Wipdocs\agreeboysgrls.agr -4- 08/06/98 To Club: Boys and Girls Club of San Juan Capistrano Executive Director 31371 EI Camino Real San Juan Capistrano, CA 92675 Section 7. Entire Agreement. This MOU comprises the entire understanding between City and Club concerning the use and occupation of the Site and Club Facility and supersedes all prior negotiations, representations, or agreements. IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first written above. CITY OF SAN J AP TRANO BY it Jo ATTEST: , Mayor By: Cheryl Joh n,tity Clerk APPROVED AS TO FORM: By: John R­'9-h tv, City Attorney BOYS AND GIRLS CLUB OF SAN JUAN CAPISTRANO By ame L. Williams, Executive Director c:\wpwin6DWipdocs�agree\boysgrls.agr -5- og/oy tt 77,77 r FNM a2� P $I n�i��gy Y n z _ ^ V � M:• }Y�. h .. qv F'k" �} ?. it r 't ,x r+' a.� d "`,-e.rsr�'nY`^N,�vh.��s� a Cnl'�`c 5 `v",2T���yvt-•,Fr Y^••�v+�'S 4 "t � 'Sv° y,. r �. � Y � y,. =tay, aay,*�"„a•.itc,�».�c,t.ra.f+ -s�, �..,,r r�a_a?t;,u �, a�i%: ,. ",�✓ 3. � 1 I-V OFF. D OFF. I OA �� GHEGK-W IIANTEEN TEEN 8i¢7 LOQ i '�� GAME5 ROOM I CENTER LEFRNIN6 r \jm �� CE14TEP GRAFTS >TG �ONOR WALLeL II I II MTC. COMP. .II II II_ A II IILAjII II II 0 N I ' II I N I n II i b ' OFF. FF. I II I� W LII I BOY5 AID � II pl EXISTING BUILDINGno II _ II – — EXI5TING BUILDING LOBBY IN b �I 00 II EXEC.III II II fi=n pV- 0 En u I - i p KITCHEN IN U Ii N I STOR. II II li II I O 0 II II MULTI PURP05ELL li u II I z 0 II II < II II L �I III . a m _____BOYS_AND_GIRLS CLUB OF CAPISTRANO VALLEY FLOOR PLAN_(71 --- SCALE: ve• . T-o* / RESOLUTION NO. 98-8-18-2 CERTIFYING NEGATIVE DECLARATION AND APPROVING AMENDMENT TO COMMUNITY CENTER CONCEPT PLAN- BOYS & GIRLS CLUB OF CAPISTRANO VALLEY. INC. fSITE PLAN REVIEW 98-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING ISSUANCE OF A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO THE COMMUNITY CENTER CONCEPT PLAN APPROVALS TO ALLO W AN EXPANDED YOUTH FACILITY TO BE INTEGRATED WITH THE COMMUNITY CENTER LOCATED AT 25925 CAMINO DEL AVION (BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC./SITE PLAN REVIEW 98-2) WHEREAS,at its meeting ofApril 15, 1997,the City Council considered a proposal from the Boys&Girls Club of Capistrano Valley,Inc,to expand the planned youth services facilities at the City's Community Center and to enter into a joint agreement for funding and constructing and operating the facility; and, WHEREAS, at its meeting of April 15, 1997, the City Council requested that the Boys & Girls Club of Capistrano Valley, Inc., provide additional information before further considering the merits of the proposal; and, WHEREAS, the Boys & Girls.Club of Capistrano Valley, Inc., has submitted the requested information, which was considered by the City Council at its meeting of May 19, 1998; and, - WHEREAS, at its meeting of May 19, 1998, the City Council adopted a public participation program for reviewing the formal proposal by the Boys & Girls Club of Capistrano Valley, Inc., and the amendment to the adopted Community Center Concept Plan; and, WHEREAS, the City conducted a duly-noticed community workshop on June 11, 1998, for the purpose of introducing the format proposal from the Boys&Girls Club of Capistrano Valley, Inc., to the cgmmunity; and, WHEREAS,the Parks, Recreation and Equestrian Commission conducted a duly- noticed public hearing on the proposal on June 29, 1998, and forwarded a recommendation of approval to the City Council; and, WHEREAS, the Environmental Administrator reviewed the project pursuant to Section 15061 of the California Environmental QuaHry Act and issued a negative declaration and caused a Notice of Negative Declaration to be posted pursuant to the City's Environmental Review Guidelines, and any applicable mitigation measures have been included herein as conditions of approval,and has otherwise complied with all applicable provisions of the California Environmental Quality Act; and, Attachment 4 _1_ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON,City Clerk of the City of San Juan Capistrano,California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 98-8-18-2 adopted by the City Council of the City of San Juan Capistrano,California, at a regular meeting thereof held on the 18th day of August 1998, by the following vote: AYES: Council Members Swerdlin, Greiner, Campbell and Mayor Jones NOES: None ABSTAIN: Council Member Hart ABSENT: None (SEAL) CHERYL JOFIVSOW, CITY CLERK -4- NOU-20-2001 10:12 NOSSAMAN GUTHNER KNOX ELL 949 833 7878 P.03/16 REAL PROPERTY LEASE __Xhis Real Property Lease (the "Agreement") is entered into this day of ,J U ne_ 1999, by and between the City of San Juan Capistrano (hereinafter "City"), and Boys&Girls Club of Capistrano Valley, anon-profit corporation, (hereinafter "Lessee"I RECITALS: WHEREAS,Lessee desires to lease certain real property from City to construct and operate a Boys and Girls Club facility, and WHEREAS, City and Lessee have previously entered- into a memorandum of understanding dated August 18, 1998 providing for certain terms and conditions governing` the timing of the commencement of the lease and the operation of the Club facility, NOW, THEREFORE, City and Lessee hereby mutually agree as follows: Section 1. Lease of Premises. City hereby leases to Lessee and Lessee hereby leases from City, in accordance with the terms of this Agreement that certain vacant real property situated in the City of San Juan Capistrano, County of Orange, State of California, more particularly described in Exhibit "A", attached and incorporated herein by reference. The real property described in Exhibit "A" and shown on the Site Plan, attached and incorporated herein by reference as Exhibit "B", is hereinafter called the "Premises". The Premises consists of approximately Eleven Thousand(11,000) square feet of land and is located adjacent to City's Community Center facility: Section 2. Purposes of the Leasehold. (a). Construction of Lessee's Facility. The purpose of this lease is to enable Lessee to acquire sufficient land to construct and operate a non-profit Boys & Girls Club facility (the "Facility"). The site plan layout for the Facility is set forth in the Site Plan attached as Exhibit "B". (b) Timing of the Construction of the Facility. Lessee agrees to commence construction of the Facility by not later than September 1, 1999. Completion of the Facility shall occur by not later than August 1, 2001. Attachment 5 F1w�winGo�"F!�`mY�BAUeave.a� -1- osizsro� NOU-20-2001 10:12 NOSSAMAN GUTHNER KNOX ELL 949 833 7878 P.04/16 (c) Permitted Uses of the Facilites .Once,completed, Lessee's Facilityshall. be used solely and exclusively to provide recreational and other social programs to persons within the City consistent with Lessee's Articles of Incorporation, By-Laws, and other relevant regulations. Other permitted uses are those as set forth in Exhibit "C," attached and incorporated herein by reference. In the event that Lessee desires to expand these permitted uses, then Lessee shall make formal application to the City Council for authorization to expand uses. Lessee covenants and agrees to use the Premises for the above-specified purposes and to diligently pursue said purposes throughout the term hereof. In the event that Lessee fails to use the Premises for said purposes, or uses the Premises for purposes not expressly authorized herein, the Lessee shall be deemed in default under this Agreement and subject to the termination provisions of section 5 of this Agreement Lessee shall not use the Premises in any manner which disturbs the quiet enjoyment and use of the adjacent community center, gymnasium, or Sports Park Complex. Lessee further covenants and agrees not to use, or permit the use of, the Premises or any portion of the Premises in any manner or for any purpose that is in any way in violation of any valid law, statute, ordinance or regulation of tate United States, the State of California, the City of San Juan Capistrano, or any other federal, state, county, or local governmental agency, body or entity with applicable legal jurisdiction. (d) Condition and Maintenance of Facility and Improvements. Lessee shall assume full responsibility and costs for the maintenance of the Premises and Facility throughout the tern of this Agreement Lessee shall take all necessary action to maintain and preserve the Premises in a decent, safe,healthy and sanitary condition satisfactory to Lessee and in compliance with all applicable laws. In addition, the parties intend to enter into a memorandum of understanding to further define specific obligations with respect to common area maintenance. Section 3. Lessee's Funding of Project as Condition Precedent to Effective Date of Leasehold. (a) Funding in Place As a Condition Precedent. This lease shall not become legally effective until such time as Lessee has presented written proof to.City that: (a) it raised sufficient funding xo finance one hundred percent(100"/o) of the estimated cost-,of the project, or such lesser amount as determined_bythe Office of the City Manager, and(b)' a secured a legal commitment for at leastone million -dollar ($1;000;000) back up construction loan from a bona fide commercial bank lender. c%-p n60kWpaodsiva. W -2- 05121199 NOU-20-2001 10: 13 NOSSAMAN GUTHNER KNOX ELL 949 B33 787B P.e5/16 City aclmowledges that Lessee has arranged for a construction loan of up to S1,300,00 from American Sterling Bank. City hereby agrees to guarantee the repayment of said loan in the event of a default by Lessee. Lessee agrees, however, to expend at least $300,000 of its current cash on hand as first dollars in toward payment of construction progress payments as construction on the project begins. In addition, it is the intent of the parties that a $500,000 federal grant shall be expended for construction costs at such time that the federal grant is made available to the Lessee. (b)Limitations on Lender's Security Interest Lessee shall insure that any loan documents with its commercial lender will allow City to assume title to the improvements and take over the remaining loan balance then owed to the bank in the event of default by Lessee on its bank loan. Accordingly, Lessee covenants to require its lender to subordinate its lien rights against Lessee in the event of a loan default Section 4. Term and Termination of Lease. (a) Term.. Thu lease shall be for a tens of twenty (25)years from date of its execution. City grants an option to Lessee to extend this Agreement for an additional 25 year period on the same terms and conditions as set forth in this Agreement providing; i)that Lessee delivers a written notice to City requesting an exercise of the option to renew at least 180 days prior to the termination of the Agreement, and ii) that City's City Council has not made a finding and determination at any time 30 days prior to the twenty five year term that Lessee has demonstrated a consistent pattern of non-compliance with the terms and conditions of this Agreement over the life of the lease. (b) dial Termination Provisions. Failure to Commence Use. In addition to all other remedies available to it, City may terminate Lessee's tenancy upon written notice given at any time if Lessee fails to commence to construct the buildings;and facilities shown on the Site Plan and Land Use entitlements within two (2)years,.orm .to comence actual use of the Premises for the authorized uses within four(4)years from the date of commencement of the tenancy. Termination of tenancy shall not be construed as a waiver of other remedies. (c) Abandonment by Lessee. .In the event that Lessee breaches this Agreement and abandons the Premises, or terminates the use thereof for a period of sixty (60) days in any one hundred and twenty (120) day time period, the Lessee's tenancy shall terminate. Termination of tenancy shallnot be construed as a waiver of other remedies. (d) Quitclaim of Lessee's Interest.' On termination of this lease for any reason, Lessee shall deliver to City a quitclaim deed in recordable form quitclaiming all its rights in and to the Premises, including the constructed facilities, subject to the terms of cAwpwin60\vT&=%oy9&glUr nSr _ -3- 05125/99 NOV-20-2001 10:13 NOSSRMRN GUTHNER KNOX ELL 949 833 7878 P.06i16 Section 3. Lessee or its successor-in-interest shall deliver the same within five(5) days after receiving written demand therefor. City may record such deed only on the expiration or earlier termination of this Agreement If Lessee fails or refuses to deliver the required deed, the City may prepare and record a notice reciting Lessee's failure to execute this lease provision and the notice will be conclusive evidence of the termination of this Agreement and all.Lessee's rights to the Premises. (e) Surrender of Premises. At the expiration or earlier termination of Lessee's tenancy, Lessee shall surrender the Premises to City free and clear of all liens and encumbrances, except those resulting from City activity, or lions and encumbrances which existed on the date of the execution of this Agreement by City. The Premises, when surrendered by Lessee, shall be in safe and sanitary condition, free from hazardous or toxic waste or material, environmental pollution or other contamination and shall be in as good condition as at the commencement of this Agreement, absent normal wear and tear. (f) Time of Essence. Time is of the essence of all the terms, covenants, conditions and provisions of this Agreement. Section 5. Performance and Default RN19E M. . (a) Operational Issues. In the event that the Lessee experiences significant operational problems, including but not limited to a lack of proper facilities maintenance, a consistent pattern of unresolved conflicts between City and Lessee, significant decline of program participation below established goals, and unreasonable and unresolved police calls pertaining to Lessee's Club Facility, then the City Council of City reserves the right to consider initiating a process for the possible assumption by City of interim day-to-day Lessee Club management for the purpose of insuring successful performance of the Lessee's Club youth program. The process shall be: 0)The City Council of City may call for a heating after giving written notice to Lessee for the purpose of requesting a Panel Review for any of the above-stated operational problems. "Panel Review" is defined to mean a Panel, consisting of two (2) members of the City Council,two(2)members of the Club's Board of Directors, and two (2) members of the Capistrano Unified School District, which shall conduct one or more meetings in compliance with the Brown Act in review of the question put to it by the City Council. c:\wpwin60\Mpdo UY6&VNe .agl -4- 0323/99 NOV-20-2001 10:14 NOSSRMAN GUTHNER KNOX ELL 949 833 7876 P.07i16 (2) If, after conducting a hearing, the City Council votes by simple majority of its entire membership to initiate a Panel Review, then a written statement of the issue shall be transmitted to the Panel for review. (3)The Panel may elect to recommend to the City Council and the Club that the management be assumed, or not assumed by the City, or, in the alternative, recommend other appropriate courses of action. (4)Thereafter,the matter shall be heard by the City Council as soon as reasonably practicable. The Council shall not vote to assume,die:day-today management in the event that the Panel recommends against such-an assumption of management. The Club shall be given a full opportunity to address the City Council regarding this matter prior to the City Council making a final determination on the issue. (5) In the event that the City Council unilaterally votes to assume the day-to-day management of the Club on an interim basis and consistent with the steps set forth herein, the City shall then deliver notice to the Club within twenty-four(24) hours of such decision. The Club shall then take immediate steps to coordinate with City. In the event that the Club does not comply with this subsection,then the leasehold shall be deemed to be void and forfeited by the Club. (b) Default. If Lessee shall fail to comply with any of the terms, covenants or conditions of this Agreement, City shall serve a written notice of default upon Lessee. Lessee shall cure such default within thirty (30) days, providing such default can be reasonably cured within thirty (30) days. If the default requires more time to cure, then Lessee shalt commence the cure within thirty(30) days'notice of the default and complete the cure within a reasonable period of time as specified by the City notice of default. If the Lessee still has not cured the default, then City may, at its option, and without further notice or demand, terminate this Agreement and enter upon the Premises and take possession thereof, and remove any and all.persons therefrom with or without process of law. Section 6. Rent. In consideration of the public benefits Lessee will provide to the community, no rent shall be required for this leasehold. c.\opo;n6olwpdmU�vysiglUraec.agr -5- 05MI99 NOU-20-2001 10:14 NOSSANAN GUTHNER KNOX ELL 949 833 7878 P.08/16 Section 7. Insurance and Indemnity.. (a)Insurance RW&w nts Lessee shall maintain at all times during the term of this lease satisfactory general liability and premises liability insurance in the amount of not less than One Million Dollars ($1,000,000) and reasonable fire insurance in a form acceptable to the Office of the City Attorney. City shall be named as an additional named insured. Other terms and conditions, including.cancellation provisions and endorsement forms, shall be reviewed and approved by the Office of the City Attorney. (b)Indemnity Lessee shall indemnify, save and defend City, its elected and appointed officials, and employees harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of Lessee's actions and activities as Lessee of the subject Premises. City shall indemnify, save and defend Lessee, its directors and employees, harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons due solely to the perforntuice of any action by City under this Lease. Section 8. Improvements/Liens/Encumbrances and Related Matters. (a)Nature and Orality of Improvements. Lessee shall,at Lessee's sole cost and expense, construct or cause to be constructed on the Premises the building and facilities described in the Site Plan in the manner and according to the terms and conditions specified herein. Lessee shall construct the building project for the permitted use herein, subject to prior receipt of applicable city land use permits. Minor,technical deviations between the plans and specifications and in field construction activity shall not be deemed to constitute a breach of this Agreement. However, Lessee shall insure that it will coordinate with its contractor and city staff to insure that the final construction is satisfactorily consistent with Lessee's plans and specifications for the Facility. Lessee agrees that its contractor shall provide faithful performance and labor and materials bonds equal to one hundred percent (100%) of the cost of the project. In addition, Lessee shall insure that its contractor maintains general comprehensive liability insurance in an amount of at least One Million Dollars ($1,000,000) combined single limit. The bonds and the insurance shall both be pre-approved by the Office of the City Attorney._ The project shall be constructed in accordance with all valid laws, ordinances, regulations and orders of all federal, state, county, or local governmental agencies or entities e:\wpwu�60\wpdxc�boys8.glVase,ag -6' 05MI99 NOV-20-2001 10:15 NOSSAMAN GUTHNER KNOX ELL 949 833 7878 P.09i16 having jurisdiction over said Premises, including City, provided, however, that any structure or other improvement erected on said Premises, including the building project, shall be deemed to have been constructed in full compliance with all such valid laws, ordinances, regulations, and orders when a valid final certificate of occupancy entitling Lessee and tenants of Lessee to occupy and use the structure or other improvement has been duly issued by the Building Department of the City. All work performed on said Premises pursuant to this lease or authorized by this lease shall be done in a good, quality manner and only with new materials of good quality and high standard. (b)Utilities. Lessee agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development, occupation and operation of the leased Premises. Lessee shall, at Lessee's sole cost and expense, construct or cause to be constructed all facilities necessary to provide utilities,including but not limited to, telephone, electric, gas, water, sewer and cable television service to the Premises. All utility service lines shall be placed underground unless otherwise permitted by City. Lessee shall be responsible for payment of all applicable utility service, connections, standby or other fees, rates or charges. (c) Liens. Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to all or any portion of the Premises without the prior written consent of City. (d)Encumbrances. Lessee may encumber this Lease, its leasehold estate and its improvements thereon by deed of trust, mortgage, chattel mortgage or other security instrument to assure the payment of a promissory note or notes of lessee,upon the express condition that the net proceeds of such loan-or loans shall be devoted,exclusively_to the purpose of developing and/or improving the leased Premises. In addition, any such indebtedness shall be subject to the qualifications set forth in Section 3(b) of this Agreement. (e) Taxes. Except to the extent that Lessee is exempt from payment of property taxes or possessory interest taxes, Lessee shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon Lessee or the Premises, including the land, any buildings, structures, machines, equipment; appliances, or other improvements of property of any nature whatsoever erected, installed, or maintained by Lessee or levied by reason of Lessee's activities related to the a Premises, including any licenses or permits. (f) Signs. Lessee shall not erect or display any banners, pennants, flags, posters, signs, decorations,marquees, awnings, or similar devices or advertising without the t:\wpwin60WpdoaWoyrde�lVtaae.ag -7- 0525/99 NOU-20-2001 10:16 NOSSAMAN GUTHNER KNOX ELL 949 833 7678 P.10i16 prior written consent of City. If any such unauthorized item is found on the Premises, Lessee shall remove the items at its expense within twenty-four(24)hours of written notice thereof by City, or City may thereupon remove the item at Lessee's cost. All signs located on the Premises shall comply with the provisions of any City ordinance regulating signs. Section 9. Ownership of Improvements. (a) Title Ownership. Any and all buildings, facilities, and improvements placed or erected on the Premises as part of said building project or otherwise under this Agreement', as well as any and all other alterations, additions,improvements; and fixtures, except furniture and trade fixtures, made or placed in or on said Premises by Lessee or another person shall be considered the personal property of the Lessee and on expiration or sooner termination of this Lease shall remain on said Premises and become, at City's option, the property of City free of all liens and claims except as otherwise provided for in this Agreement. (b) Removal of Improvements. If City elects not to assume ownership of all or any improvements,trade fixtures,structures and installations, City shall so notify Lessee in writing thirty (30) days prior to termination or one hundred eighty (180) days prior to expiration, and Lessee shall remove all such improvements, structures and installations as directed by City at Lessee's sole cost on or before Agreement expiration or termination. If Lessee fails to remove any improvements, structures, and installations as directed, Lessee agrees to pay City the full cost of any removal. (c) Repairs. If any removal of such personal property by Lessee results in damage to the remaining improvements on the Premises, Lessee shall repair all such damage to the same condition as existed immediately before such removal. Section 10. No Assignments. Lessee shall not assign or hypothecate in any manner this Agreement without the express written consent of City. Section 11. Force Majeure. If the performance by any party of its obligations or undertakings under this Agreement is interrupted or delayed by any occurrence not occasioned by the conduct of either parry to this Agreement; whether that occurrence is an act of God or public enemy, or whether that occurrence is caused by war,riot, storm, earthquake, or other natural forces, or by the acts of anyone not a party to this Agreement,then that party shall be excused from any c:\wpwin60\Wpda Uys&WM,- .ag -8 05125/99 NOU-20-2001 10:16 NOSSHMRN GUTHNER KNOX ELL 949 833 ?e?e P.ii/16 further performance for whatever period of time after the occurrence is reasonably necessary to remedy the effects of that occurrence. Section 12. General Provisions. (a)Notices. All notices, demands, consents, or other communications required to be given under this Agreement shall be accomplished by fust class mail, postage prepaid, and deposited in the U.S. mails, or personally served upon the other party at the address identified below. The address for delivery of notice can be changed by either party by giving written notice of the new address. To City: George Scarborough, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Lessee: W. run Williams Executive Director Boys & Girls Club of Capistrano Valley 31371 El Camino Real San Juan Capistrano, CA 92675 (b)Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the term of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof the parry 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. (c) Entire Agmemenj. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. -9- osnsr� NOU-20-2001 10:17 NOSSRMRN GUTHNER KNOX ELL 949 833 7878 P.12i16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written_ CITY Of SAN JUAN CAPISTRANO By: Jo Greiner, Mayor ATTEST: Y Cheryl John , C' Clerk APPROVED AS TO FORM: l By: John R. Shaw, Ci Attorney BOYS & GIRLS CLUB OF C TRANO VALLEY L r anwpw;n60\wpd=b0YL&zr1Vv aw -10- - 05/25/99 NOU-20-2001 10:17 NOSSRMRN GUTHNER KNOX ELL 949 833 7878 P.14i16 RESOLUTION NO.. 99-6-176, GUARANTEE OF REPAYMENT OF CONSTRUCTION LOAN-AMERICAN STERLING BANK(BOYS &GIRLS CLUB OF CAPISTRANO VALLEY) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA; RELATING TO A CONSTRUCTION LOAN GUARANTEEFROMAMERICAN STERLING BANK FOR THE BOYS&GIRLS CLUB OF CAPISTRANO VALLEY FACILITY AT THE COMMUNITY CENTER SITE WHEREAS,the Boys&Girls Club of Capistrano Valley(the"Club") has entered into a lease with the City of San Juan Capistrano providing for the lease of approximately 11,000 square feet of City-awned land to the Club; and, WMREAS,the Club will construct on the lease land,a Boys& Girls Club facility as depicted on the site plan attached to the lease; and, WHEREAS, the Club will construct the facility with a combination of funding, including the availability of a line of credit(construction loan)from American Sterling Bank in the amount of$1,300,000;and, WHEREAS,the City has agreed in the subject lease to guarantee the repayment of the construction loan in fall in the event of a Club default. NOW,THEREFORE,BE IT RESOLVED,by the City Council ofthe City of San Juan Capistrano that the City of San Juan Capistrano does hereby guarantee the repayment of that certain construction loan in the amount of up to$1,300,000 to American Sterling Bank in the event of a default by the Boys & Girls Club of Capistrano Valley. PASSED, APPROVED, AND ADOPTED this ter day of June ' 1999. HN GREINER, MAYOR ATTEST: CITY CLE ATTACHMENT 6 'ice z 2 i � � < 3- � . / �= mm � oov m lug lu O mmmm m LOOKING NORTHEAST AT ENTRY n IB go �� � � LOOKING NORTHWEST FROM PARKING AREA(:D mmmm m m m mm m mm I TEE NCE NT�E�IZ `! ONE VIA po5l"v, {3G7O .._. .�_...._�..�..�,... PE R S P E C T I VE V I EWSm e �TNVId b001d ONIlSIX3 0 t m FNI Y31N3J N33�1�� a oy o 0 8 f_Y_=7o C3�6 s Fn_ rn n CJ F o o b o �.� 7. IEV IS IONb XN n 6 '�11 IIa S IS IM' �lm q a Ia f.o . R.)w RO. R%�V ,.p LMh aRl[. 11[t '..[IB>'.O iYsil;a:LIOR,�L.S..j,C L U B O F CAPISTRANO VALLEY { TEEN CENTER x ONE VIA POSITIVA 6 SAN JUAN CA�PISTRAANO, CA e IBA Arc6if N 9 2ND FLOOR PLAN A2.0 'N FLOOR PLANSm „ ... ax THE CITY OF kg,7 SAN JUAN CAPISTRANO Amendment to Real Property Lease (Bova &Girls Clubs of Capistrano Vallev) -!7 A Boys &Girls Clubs of Capistrano Valley 1 Via Positiva, San Juan Capistrano, CA 92675 L5 F 70 0 3000 6000 9000 Feet Attachment 8