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1999-0601_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_ H2a_Agenda Report AGENDA ITEM June 1, 1999 TO: George Scarborough, City Manager FROM: A]King, Jr., Community Services Director SUBJECT: Consideration of Lease Agreement -- Boys & Girls Club Facility at Community Center Site (Boys& Girls Club of Capistrano Valley, Inc.) RECOMMENDATION: 1) Approve the proposed lease agreement with the Boys & Girls Club of Capistrano Valley to construct and operate a Boys& Girls Club facility at the City's Community Center site; 2) Adopt Resolution providing loan guarantee to American Sterling Bank. SITUATION: A. Background: In August, 1998, the San Juan Capistrano City Council approved a Memorandum of Understanding between the Boys&Girls Club of Capistrano Valley and the City of San Juan Capistrano to address important issues associated with the Club's proposal to construct and operate nearly 11,000 square feet of youth services facility at the San Juan Capistrano Community Center site. The adopted MOU incorporated many key issues regarding the Club's development proposal for the new facility. One of the key issues was a fund-raising level threshold the Club was required to achieve prior to initiation of lease agreement discussions with the City. This requirement established that the Club needed to raise the total sum of money equal to one- third ($600,000) of the cost of constructing the Club's proposed facility. At that time, the total cost of the project was estimated at $1,800,000. The Club has raised approximately $300,000 in cash and has significant other pledges from private donors. In addition, a $500,000 federal government grant has been secured. Accordingly, Club representatives, City staff, and the City Attorney have proceeded to develop the attached proposed lease. To address programmatical and operational issues such as hours of use, shared use of City facilities, payment of City facility use fees, shared equipment and its usage for the gymnasium, FOR CIT`(COUNCIL AGE14K Agenda Item -2- June 1, 1999 and common area maintenance, staff and Club representatives are meeting to develop an appropriate MOU that will be forwarded to the Parks, Recreation&Equestrian Commission at their July Commission meeting and then scheduled for City Council consideration in August 1999. B. Summary The proposed lease agreement has been a joint development project between City staff, Boys & Girls Club representatives and legal counsel representing both entities. Key issues addressed in the proposed lease include the following: 1) Funding levels and financial resource commitments the Club must secure to legally activate the lease agreement; 2) Club performance standards; 3) Term of the lease agreement; 4) Site and Club floor plans; 5) A description of proposed Club programming; 6) Default matters; 7) Insurance requirements and indemnification; 8) Construction requirements and time schedule. C. Overview of the Agreement: As of this writing, additional changes are still being processed between counsel with respect to the draft lease. Accordingly, a final draft lease will be submitted under separate cover to the City Council. A key provision of the lease agreement stipulates that the Club is to have raised sufficient funding to finance 100 percent of the estimated construction cost of the project and secure a legal commitment for a minimum$1 million backup loan from a bona fide commercial bank lender in order for the lease agreement to be legally effective (see Section 3(a) of the agreement). The Club proposes to use American Sterling Bank as their construction lender. The Club proposes a construction loan of$1.3 million which is to be used as a line of credit should the Club need funds over and above the federal grant, existing bank deposit funds, and collection of promised pledges. Sterling Bank has requested that the City take a separate legal action expressly providing that City will guarantee the construction loan. Accordingly, the appropriate resolution is attached to the report. Agenda Item -3- June 1, 1999 If the Club defaults on the loan repayment, the City agrees that in exchange for the City obtaining title to the building, the City will assume the remaining balance of the loan up to $1.3 million. (See Section 9(a) of Agreement.) The Boys and Girls Club will construct 11,000 square feet as compared to the 6,000 square feet designed for the youth facility in the original Community Center master plan. The $1.3 million is $200,000 more than the City's cost estimate(approximately$1.1 million)to construct the original youth facility. Therefore, in the unlikely event that the Boys & Girls Club defaults on its loan, the City will obtain a building to be used as a youth center which is significantly larger than the original facility design for a proportionately small increase in financial commitment. The term of the lease agreement shall be for 25 years from the date of its execution, with the option for renewal of an additional 25 years, providing the Club has complied with all terms and conditions over the life of the lease. (See Section 4(a) of the agreement). Construction of the new Club facility is to commence no later than September 1, 1999, and be completed no later than August 1, 2001 (see Section 2(b) of the agreement). The agreement also addresses performance and default requirements by establishing a process which would allow an interim operation of day-to-day activities should the Club default or breach conditions of the lease or sustain a significant decline of performance below established standards (see Section 5 of the agreement). These provisions were agreed to in an earlier memorandum of understanding between the parties. COMMISSIONBOARD REVIEW, RECOMMENDATION: The Boys & Girls Club of Capistrano Valley proposal to contruct an 11,000 square-foot youth services facility at the City's Community Center site has been reviewed by both the Parks, Recreation &Equestrian Commission and Planning Commission. Both Commissions have supported the Club's proposal to construct the new Club facility and have recommended its approval to the San Juan Capistrano City Council. Additionally, the Planning Commission has assisted in determining the Club's exterior architectural design standards. The upcoming development of a proposed Memorandum of Understanding to address key operational and programmatical issues will be forwarded to the Parks, Recreation&Equestrian Commission for their review and recommendation within the next 60 days prior to being forwarded to the City Council for formal consideration. FINANCIAL CONSIDERATIONS: Funding for the Boys & Girls Club of Capistrano Valley's construction of an 11,000 square-foot youth services facility will be raised through the Club's capital campaign fund-raising efforts and secured through the commitment of a$1.3 million construction loan from a commercial bank lender. Upon achieving their required funding and loan commitments as specified in the lease agreement, the agreement shall become legally effective. Agenda Item -4- June 1, 1999 NOTIFICATION: Jim Williams, Executive Director Ken Friess Boys & Girls Club of Capistrano Valley, Inc. Boys & Girls Club of Capistrano Valley, Inc. 31371 El Camino Real 31371 El Camino Real San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Art Birtcher Jim Sieger, Principal Boys & Girls Club of Capistrano Valley Marco Forster Middle School 31371 El Camino Real 25601 Camino del Avion San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Tony Brown, President San Juan Capistrano Community Task Force 31421 La Matanza San Juan Capistrano, CA 92675 ALTERNATE ACTIONS: 1. Approve the proposed lease agreement for the Boys & Girls Club of Capistrano Valley to construct and operate a Boys& Girls Club facility at the City's Community Center site with accompanying Resolution. 2. Continue the item, and request additional information from staff. -------------------------------------------------------------------- ------------------------------------------------------------------- RECOMMENDATION: 1) Approve the proposed lease agreement with the Boys & Girls Club of Capistrano Valley to construct and operate a Boys & Girls Club facility at the City's Community Center site; 2) Adopt Resolution providing loan guarantee to American Sterling Bank. ------------------------------------------------------------------- Respectfully submitted, �ee;�,7- Al King, Jr. Community Services Director Attachments: A. Draft Lease Agreement B. Location Map C. Resolution c:\...wpdocs\233�aiccleas.ak d F 1 BASEBALL FIELD �� W •) ri L._ ,, ' - ' -- - --.1 4- -1__ _ A L 111D i co <' BOYS AND GIRLS CLUB 3 -- . - I ..-___.:1 1 iL. i m i',:::-.7:-;:-.• - 3rd _ T. ..I <. . 7 -._..� SOCCER FIELD #2 CO d t CC 4.a.. �.. COMMUNITY • v i GYMNASIUM " 1 CENTER •+s ` gi t , - g 1 � 1 !- i i i 1 L_____ , 1 t 1 1 1 , , O / 6._6. 6. 6., </ !1' I i 1 pY :8----- _ 1 R ,--- _ _ _ _ _ .. A-S 4 BASEBALL FIELDF. Z ) \ X r ) (--- I /\, :int 1 BOYS ANh,viD GIRLS CLUB 1 __! iiih, - - _ ___-\___[,.____1,. _ 1 110 1 1 . 1 COMMUNITY GYMNASIUM [ ► CENTER - I 1 1 1 ) i 1 t 1 i i 6, 6. 6. 6. Boys & Girls Club of Capistrano Valley Program Plan WHAT IS A BOYS & GIRLS CLUB? The Boys & Girls Club Movement is a nationwide affiliation of local, autonomous organizations. Boys & Girls Clubs of America is working to help boys and girls of all backgrounds, with special concern for those from disadvantaged circumstances. We are a youth guidance organization dedicated to promoting health, social, educational, vocational, cultural, character and leadership development. We help young people build self-esteem and develop values and skills during critical periods of growth. PRINCIPLES THAT ALL BOYS & GIRLS CLUBS PRACTICE • All boys and girls, aged 6-18 are eligible • Doors and membership are open to all eligible boys & girls • No questions of charter, income or sectarian interest bars access to: • Full time professional leadership • Varied and diversified programs • Building centered activities, and • Guidance oriented relations and choices THREE BASIC METHODS OF PROGRAM ORGANIZATION ARE • By individual assistance • Through small group interaction, and • With large, open, drop-in informality. CORE PROGRAM (OBJECTIVES) • Character and Leadership Development • Education and Career Development • Health and Life Skills • The Arts • Sports, Fitness and Recreation EXHIBIT C SPECIFIC PROGRAMS OFFERED AT THE CLUB AFTER SCHOOL PROGRAM Monday - Friday 2:00pm - 7:00pm The after school program is where we will serve the most youth. We expect to have a daily average attendance of 250-300 youth per day. This program will encompass a variety of programs such as: homework help, arts & crafts, fitness and athletics, social recreation, leadership clubs, hobby clubs, computers, teen programs, and much more. Facility Usage: The entire Boys & Girls Club facility, gymnasium, athletic field when available. MORNING CAMPS Monday - Friday 7:00am - 2:00pm During times when youth are out of school and non-student days we will be open for a special program called "Morning Camp". Morning Camps are a little more structured than our regular afternoon program. We have a staff ratio of 1/15, and we will offer more specialized activities including trips and tours, group projects and many interesting programs. There will be an additional fee for this program. Facility Usage: Boys & Girls Club, Gymnasium, and/or fields space when available. NON-PROGRAM HOURS In addition to providing daily services for members. The facility will also be used for other special events such as: youth athletic leagues, teen nights, fundraising events, etc. BOYS & GIRLS CLUB FIVE CORE PROGRAMMING AREAS 1. CHARACTER AND LEADERSHIP DEVELOPMENT Empowers youth to support and influence their Club and community, sustain meaningful relationships with others, develop positive self-image, participate in the democratic process and respect their own and others' cultural identities. Examples: a. community service projects b. trips and tours of historical sites c. Youth of the Month and Year program d. public speaking training 2. EDUCATION AND CAREER DEVELOPMENT Enables youth to become proficient in basic education disciplines, apply learning to everyday situations and embrace technology to achieve success in a career. Examples: a. homework assistance b. computer education c. career exploration d. job preparation skills (Broader Horizons, One with One) 3. HEALTH AND LIFE SKILLS Develops young people's capacity to engage in positive behaviors that nurture their own well-being, set personal goals and live successfully as self-sufficient adults. Examples: a. Goals for Growth ( national program) b. Health education activities which promote positive health practices (Smart Moves, Smart Kids, first aid training, Great America Smoke Out, etc.) c. lifeskills training THE ARTS Enables youth to develop their creativity and cultural awareness through knowledge and appreciation of the visual arts, crafts, performing arts and creative writing. Examples: a. fine arts program b. puppetry c. photography d. multicultural activities e. literary arts f. dance SPORTS, FITNESS AND RECREATION Develops fitness, positive use of leisure time, skills for stress management, appreciation for the environment and social skills. Examples: a. wide range of activities conducted each month, (tournaments, parties, special events, trips, hobby clubs skill development clinics, etc.) b. daily instruction in activity skills c. field trips d. intramural team sports e. lifetime sport activities. • v.00 x 131r ` 40P u h--s LL C!� U m U) U) yJ J/ O 4Y{'�Ff"FViwq� �` m I IL z ° v/c •� ♦♦.♦ r`Twra O 0 1►EEI �1. a� ►rrrr►r♦♦rr►♦'♦♦.►♦►♦r►►r►F► T►Ejy1 w a •� I rI11i►► br►rr F LU J ••• LLI U pr IIIc►LEI �1 '� < Z ♦♦♦rr♦ ell ter• .y.i►�,.:+»! stir C-4 * _ O C, �( RESOLUTION NO. 99-6-1-6 GUARANTEE OF REPAYMENT OF CONSTRUCTION LOAN - AMERICAN STERLING BANK (BOYS & GIRLS CLUB OF CAPISTRANO VALLEYI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RELATING TO A CONSTRUCTION LOAN GUARANTEE FROM AMERICAN 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-owned land to the Club; and, WHEREAS, 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 full in the event of a Club default. NOW,THEREFORE, BE IT RESOLVED, by the City Council of the 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 t st day of June . 1999. 40HNGR1 EINER, MAYOR ATTEST: CITY CLERI' -I- 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. 99-6-1-6 adopted by the City Council of the City of San Juan Capistrano,California, at a regular meeting thereof held on the 1st day of lune 1999, by the following vote: AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner NOES: None ABSTAIN: Council Member [fart ABSENT: None (SEAL) 1 i CHERYL JO O7 , CITY CLERK -2-