Loading...
08-0715_BOYS & GIRLS CLUB OF CAPISTRANO VALLEY_D9_Supplemental Agenda Report0 SUPPLEMENTAL AGENDA REPORT AGENDA ITEM D9 TO: Dave Adams, City Manager FROM: Karen Crocker, Community Services Director • 7/15/2008 SUBJECT: Consideration of Revised Memorandum of Understanding and Real Property Lease (Boys & Girls Clubs of Capistrano Valley) RECOMMENDATION: Recommendation has not changed. SITUATION: Minimal revisions have been made to the Boys & Girls Clubs of Capistrano Valley Lease Agreement and the Revised Memorandum of Understanding. The attached revisions are identified as underlined and in bold. Respectfully submitted, 4p",Ld" Karen Crocker Community Services Director Attachments: 1. Revised Memorandum of Understanding 2. Amended Real Property Lease 0 0 REVISED MEMORANDUM OF UNDERSTANDING AGREEMENT This Memorandum of Understanding Agreement is entered into this day of July, 2008, by and between the CITY OF SAN JUAN CAPISTRANO (hereinafter "City") and BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, a non-profit corporation (hereinafter "Clubs"). RECITALS: WHEREAS, City and Clubs entered into a real property lease dated June 1, 1999 ("the master leasehold agreement") providing for the lease of City land to the Clubs and the Clubs' construction of the Clubs Facility in accordance with the Site Plan attached to the lease agreement; and subsequently modified the lease on March 6, 2007 extending its term for 25 years from March 6, 2007, and permitting the construction of a 7,000 square foot Teen Center, and WHEREAS, City's Community Center Concept Plan included a 6,000 sq. ft. youth facility to be located on the site; and WHEREAS, City accepted Clubs' offer to build expanded youth facility of approximately 11,000 sq. ft. (hereinafter referred to as the "Club's Facility") from private funds and entered into a master lease; and WHEREAS, the demised premises and building footprint are set forth in the Site Plan attached as Exhibit 'A" and incorporated herein by reference; and WHEREAS, City constructed a community gymnasium adjacent to the proposed Club Facility; and WHEREAS, the Clubs completed construction of the Clubs Facility as of May 31, 2000; and WHEREAS, Section 2 of the master lease agreement provides that City and Clubs will enter into a memorandum of understanding agreement ("the Agreement") to further define specific obligations of the parties with respect to common area maintenance and related matters, and WHEREAS, Planning Commission approval of the Teen Center on October 23, 2007 required certain additional requirements within the Memorandum of Understanding; AGREEMENT: NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND CLUBS AS FOLLOWS (with modifications included): Attachment 1 Page 1 of 6 0 Section 1. The Clubs Facility. The Clubs shall utilize the Clubs Facility exclusively for the purpose of providing after-school recreational and other social programs pursuant to the Club's Articles of Incorporation, By-laws, and other relevant regulations as provided for in the master leasehold agreement between the parties. Expansion of permitted uses is governed by Section 2(c) of the master leasehold agreement. The Club's operating hours will be from 2:00 p.m. to 8:00 p.m. Monday thru Thursday, 2:00 p.m. to 10:00 p.m. on Fridays during school days and from 7:00 a.m. to 6:00 p.m. on holidays and during summer months. This schedule may be modified by the Club to accommodate school "minimum days" or other school activities. Youth activities will be conducted during evening hours and/or weekends and will vary depending on the activity. The Club will provide City with monthly calendar of operating hours and activities. Section 2. Usage And Sharing of Common Area Maintenance. City and Clubs shall mutually share in the maintenance of the following common areas as noted below: Parking areas; Outside entry area; Lobby area; Restrooms; and Gymnasium: A. Shared Parking Areas. Due to the limited amount of parking adjacent to the Community Center, Gymnasium and Clubs, the City staff and Clubs officials and members shall comply with the parking plan developed by the City's Parking Team, a copy of which City will provide to the Clubs. 1. The Clubs will designate parking areas for teens within the Sports Park parking area or the adjoining school site parking. Teens will not be permitted to park in the main community center parking lot and will be required to register their vehicles with the Club to allow parking in authorized on-site (Sports Park) and off-site (Marco Forster and Del Obispo Schools) parking areas. City shall be financially responsible for the maintenance and repair of the adjacent parking area that serves the City and Clubs Facility. B. Lobby Area. The Clubs shall be financially responsible for general maintenance and janitorial cleaning of the lobby area and for general wear and tear from usage of the Clubs Facility. Clubs shall keep the lobby area free and clear of storage or accumulation of any Clubs of Clubs members' material or items of equipment. Page 2 of 6 C. Gymnasium. The Clubs shall comply with all City rules and regulations as identified in Administrative Policy 613 in regards to gymnasium use priorities, regulations, annual calendar and fee schedule. City and Clubs agree that Clubs may provide concession services from the community room located within the Clubs Facility to users of the gymnasium subject to prior approval of the City. City shall be responsible for gymnasium maintenance and cleaning. D. Outside Entry Areas. Clubs shall ensure that Clubs members' toys and equipment (e.g. skateboards and bicycles) are stored in appropriate receptacles in order to avoid unsafe or nuisance conditions or unsightly appearances. City shall be financially responsible for maintenance and repair of these outside areas. E. Restrooms. The Clubs shall be financially responsible for restroom maintenance and janitorial services of the Clubs' restrooms in the gymnasium. City shall provide, at its expense, maintenance and janitorial service for the use of City restrooms in the gymnasium. F. Damages to Common Areas. The Clubs shall be financially responsible for any damage to the common areas arising directly out of the Clubs' usage of these areas. Section 3. Reciprocal Use of City and Clubs Facilities. A. Reciprocal Use in General. City and Clubs agree that there shall be reciprocal use of the Clubs Facility, City Community Center, Gymnasium, and Sports Park consistent with the provisions of this Agreement. B. Facility Application Process. Either party desiring to use the other's facilities shall first submit a timely facility use application. Approval shall be subject to the discretion of the party based upon such factors as scheduling conflicts, prioritization of programming and general impact on facility usage and programming. C. Costs. Clubs and City agree to mutually share certain designated Clubs and City facilities at no cost.to either party. Clubs and City staffs shall develop a schedule of facilities and other appropriated organizational rules to implement this subsection. D. Special Events. Special events, including but not limited to, banquets, fundraisers, or other significant gatherings, which require additional City Page 3 of 6 support efforts, shall be subject to the City's Administrative Policies 607, 610 and 613 on use of City facilities. Section 4. Coordination of Calendars for Usage of Facilities. A. The Community Services Department shall prepare a Master Calender of Usage of Facilities. This Master Calendar shall incorporate Clubs activities, including City approved additions thereto. The Master Calendar shall include the Community Center, Sports Park, Gymnasium, Marco Forster Middle School, Del Obispo Elementary School and Kinoshita Elementary School activities. The Clubs shall receive a copy of the Master Calendar and updated activities. B. The purpose of the Master Calendar is to prevent over capacity and parking issues at the Community Center and Clubs Facility. The Director of Community Services shall be final arbiter regarding calendar conflicts. C. The Clubs shall provide an annual calendar of its activities to the Community Services Department prior to the City's preparation of its master calendar. The annual calendar shall include special activities, excursions, dances, sport leagues, after -hour activities or any activities that are beyond the normal operations of the Clubs. Any additional activities that are not on the submitted annual calendar shall be submitted to the Community Services Department two (2) months in advance of the activity, unless otherwise agreed to by Director of Community Services. The Clubs agrees and understands that time is of the essence in submitting the calendar to the City to insure successful coordination of events between the City, Clubs, School District, and other potential facility users. Section 5. Utilities. A. The Clubs shall be solely responsible for payment of use of utilities with respect to the Clubs Facility. B. Water. In order to assess actual water usage the clubs shall install a water sub -meter to the main water service during construction of Teen Center. The Clubs shall be billed proportionately for water use. Section 6. Gymnasium Storage Area. The Clubs will vacate the storage space on the Westside area of the City Gymnasium. The new Teen Center will include additional storage space for the Clubs. Section 7. Special Teen Center Operational Requirements. A. The Clubs will designate a staff member to periodically walk the community center complex at a regular, logged intervals or on an as needed basis to Page 4 of 6 address loitering and littering issues during clubs operation. The process shall be subject to periodic review by Director of Community Services. The designated site monitor will be on -duty after school to assure that loitering is prevented. Children waiting to be picked up by parents or siblings shall be required to wait inside the building. B. The Clubs will manage evening events (e.g. dances) as closed events with no entry to the event or leaving the event during the actual hours of the event. Arrival to and departure from the community center complex for teen center special events shall be restricted to specific times to prevent potential loitering which could lead to illicit activity. The Clubs will contact San Juan Capistrano Police Services to advise them of specific special events and activities. The Clubs may be required by the City to hire private security in order to conduct special events. The requirement to hire private security will be based on the risk factor of the event and/or potential or past issues of an event. In addition, if there is a potential for a community disturbance that is unrelated to the event, the City shall require private security to assure the public safety of participants. C. The Club will train appropriate staff in the operational requirements of the Teen Center and special events. The Clubs' staff is required to enforce approved operational policies and restrictions. Section 8. Insurance and Indemnification. The insurance and indemnity requirements of the parties are those as set forth in Section 7 of the master leasehold agreement. Section 9. Term and Termination. This Agreement shall remain in full force and effect until mutually rescinded or amended by the parties. In the event of a default in the performance of obligations under this Agreement, the parties agree that there shall be an informal meet and confer process wherein there shall be an informal communication between the parties as to perceived default and how the default shall be resolved. If the matter is not resolved within ten (10) calendar days or such extended period of time as agreed to by the parties, formal redress of a default shall be governed by Section 5 of the master leasehold agreement. [SIGNATURE PAGE FOLLOWS] Page 5 of 6 0 C] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: Bv: Meg Monahan, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney CITY OF SAN JUAN CAPISTRANO A -- Mayor Mayor Joe Soto BOYS & GIRLS CLUB OF CAPISTRANO VALLEY By: James Littlejohn, Executive Director Page 6 of 6 0 0 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 2008, 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, On March 6, 2007 the Real Property Lease was further amended for the primary purpose of: (1) adding real property to the demised premises; and, (2) extending the term of the real property lease; (3) to include a term that construction of the Teen Center will be completed within 12 months following City conceptual project approval; and, Whereas, Lessor and Lessee desire to further amend the Real Property Lease for the primary purpose of revising the process of performance and default requirements, 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 5. Performance and Default Requirements. (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 Clubs and Teen Facility, then the City Council of City reserves the right to consider initiating a process for the possible assumption by the City of interim day-to-day Lessee Club management for the purpose of insuring successful performance of the Lessee's Club youth and teen program. The process shall be: (1) The City Council of City may call for a hearing after giving written notice to Lessee for the purpose of requesting a Panel Review for any of the above -stated operational problems. Attachment 2 -1- 0 • "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 incompliance with the Brown Act in review of the question put to it by the City Council. (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 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 give reasonable consideration to recommendations derived from "Panel Review." 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 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 with thirty (30) days. If the default requires more time to cure, then Lessee shall 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, the 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 there from with or without process of law. All other terms and conditions of the Real Property lease not amended herein shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] -2- n n U IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. Attest: M Margaret R. Monahan City Clerk Approved as to form: M Omar Sandoval City Attorney CITY OF SAN JUAN CAPISTRANO Un Mayor Joe Soto BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY Lo James Littlejohn, Executive Director -3-