00-0717_JUANENO BAND OF MISSION INDIANS_License AgreementLICENSE AGREEMENT
This License Agreement is made this'_day of 2000, by and between
the City of San Juan Capistrano (hereinafter "City"), and the Juaneno Band of Mission
Indians, a non-profit corporation (hereinafter "Licensee").
RECITALS:
WHEREAS, Licensee desires to utilize for Tribal Headquarters purposes a portion
of certain City -owned surplus property, more commonly referred to as the "Old Fire
Station'; and
WHEREAS, City desires to make available such property to Licensee for such
purposes free of rent charges under the terms and conditions set forth in this agreement;
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 that certain real property known as the Old Fire Station for Tribal
Headquarters purposes only.
The portion of the Old Fire Station property which is the subject of this License grant
is specifically described in the Site Plan attached as Exhibits "A-1" and "A-2", and
incorporated herein by reference.
Licensee is further entitled to make certain improvements as described in Exhibit
"A-3". Any future improvements desired by Licensee not listed in Exhibit "A-3" must first
be approved by the City.
Under this license grant, Licensee has the right and sole discretion to deal with and
manage members of the public who should enter upon the premises to be occupied by
Licensee.
Licensee represents that it is recognized by the State of California as a 501(c)(3)
Not for Profit organization. Licensee understands that its non-profit status was a
substantial inducement for City to grant this License. Licensee agrees to maintain its non-
profit status as a condition of this License. Its failure to maintain its non-profit status shall
be considered a material breach of this License subject to the termination provisions
provided for in Section 9 herein.
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Section 2. Allowable Uses by Licensee.
Licensee may not utilize the property for any other uses than those specifically set
forth in Exhibit "B", attached and incorporated herein by reference.
Section 3. Term of License.
The term of this License shall be three (3) years from the effective date of this
Agreement. The Agreement may be extended for an additional one (1) year period upon
the mutual written agreement of both parties.
Section 4. Utilities.
Licensee shall be solely responsible for the cost of all utility services Licensee
requires in conducting its activities within the building space authorized under this
Agreement. City shall not require sub -metering of authorized areas and will establish a
utility reimbursement formula based on Licensee's allocation of square footage occupied,
not to include utility costs for City's kiln firings.
Section 5. No License Rent.
Licensee shall not be required to pay a license rent for the privilege of utilizing
property described in Exhibits "A-1" and "A-2".
Section 6. Coordinated Use of the Property/Master Calender.
Licensee agrees and understands that City reserves the right to allow other groups
and individuals to utilize this property from time to time for community events and general
City purposes. City and Licensee shall work together to insure that such joint usage may
occur without disruption to Licensee or impairment of City's goal to allow limited joint
community usage of the facility. Accordingly, the City's Community Services Department
shall prepare a Master Calender of Usage of the Facilities. This Master Calender shall
incorporate Licensee's Tribal Headquarters purposes and City's planned community usage
of the facility.
Section 7. Maintenance And Repairs.
(a) Reimbursement for City Maintenance Activities. Licensee shall
reimburse City for landscaping and building premises hard scape maintenance services
and partial restroom custodial services provided by City in the total amount of Five
Hundred Dollars ($500.00) per month. This reimbursement shall be made payable to City
in advance on the first day of each month. If the premises are unusable due to damage
or destruction, the license fee shall be abated until the use of the designated space is
restored.
(b) Repairs and Damages. City shall be responsible for any major structural
damage to the premises, including such items as leaking roofs, plumbing and related
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improvements, providing that the damage to be repaired has not been caused directly by
the Licensee's use of the premises.
(c) Custodial Responsibilities. Licensee shall be responsible for costs of
providing custodial service to those areas of authorized space as designated in
Exhibits "A-1" and "A-2".
Section 8. 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
Agreement, Licensee shall maintain in full force and effect Comprehensive General
Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 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 Reguirements/Endorsement. Licensee shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Licensee's general liability and umbrella liability
policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990)
to the City's General Counsel for certification that the insurance requirements of this
Agreement have been satisfied.
(c) Notice of Cancellation/Termination of Insurance. The above
policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced,
until after thirty (30) days' written notice is given to City, except that ten (10) days' notice
shall be given if there is a cancellation due to failure to pay a premium.
(d) Indemnity. Licensee 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 Licensee's actions and activities as
Licensee under the terms and conditions of this License Agreement.
City shall indemnify, save and defend Licensee 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 the performance
of any act or obligation performed by City under this agreement, including the actions and
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activities of any parry specifically permitted to utilize the demised premises by City
pursuant to section 6 of this agreement.
Section 9. Termination.
(a) This Agreement may be terminated upon the default of one of the
parties. In the event of a dispute between the parties, City and Licensee 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 Agreement may
be unilaterally terminated by the non -defaulting party.
(b) Upon termination of this Agreement, City reserves the unqualified right
to request that Licensee restore the property to its original condition without any cost to
City.
Section 10. Entire Agreement.
This Agreement 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 11. General Provisions.
(a) Notices. All notices, demands, consents, or other communications
required to be given under this agreement 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:
George Scarborough, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Licensee:
Damien Shilo, Vice Chair
Juaneno Band of Mission Indians
31877 Del Obispo, Suite 106-A
San Juan Capistrano, CA 92675-3209
(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
Agreement, 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
CITY OF S JUAN C ISTRANO
By:
ollene� mpbell, ayor
JUANAND OF MISSIO I INDIANS
13Y
Da "en Shilo, Vice Chair
Lei ITZ "a M rel
„r
ROVED A TO FORM:
UhW 7)a ,
John R. Shaw, City Attorney
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EXHIBIT A-1
Lounge occupancy: 20
Dining Room occupancy: 33
Rooms available to be rented
together or separately.
Lacoungue Buildi9j; Rooms
I & 2 are located at the Old
Fre Station Recreation
Complex, headquarters for the
City's Community Services
Department. Built in the Ms,
these versatile rooms can be
used in many ways together or
separately. The full kitchen in
Room 2 makes it ideal for
meetings or events where food
will be served. The tory
lounge, with its comfortable
seating, is just right for
intimate meetings. Classes,
meetings and casual panics
have been suc:cessfuily held in
these rooms. The lounge,
(Room 1) is 790 sq.ft. and
measures 43' x 18'. The
Dining Room, (Room 2) is
985 sq. R. and measures
24' x 42.
Ref. Exhibit A-1
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LACOUAGUE BUILDING LAYOUT
EXHIBIT A-2
Juaneno Band of Mission Indians
Acjachemen Nation
31877 Del Obispo St. Suite 106A
San Juan Capistrano, CA 92675-4135
Proposal for Juaneno Band of Mission Indians use at the Old Fire Station Complex
Tenant improvements list
Security System: ADT security system to be installed to cover the Tribal area.
Phones: Four phone lines to be installed for service by Pacific Bell
Telephone. 3 phones and 1 designated fax line.
Computers: A computer to be utilized at each desk, total of three. The Tribal
computers are each independent and no need to have network
cables.
Furniture: The Tribe proposes to utilize listed furniture currently at site as
well as bringing in desks, office chairs, file cabinets, tables, chairs
and copy machines.
Signage: Small signage at the entrance door to the Tribal office. We will
work with City to meet specifications.
Keys: Entrance to be re -keyed to be specific to Tribal use only and still
work with the City master key. The storage areas to be re -keyed
for Tribal use only for protection of our files.
EXHIBIT A-3
Juanefio Band of Mission Indians
ALLOWABLE USES BY LICENSEE
FOR THE OLD FIRE STATION COMPLEX
• Administrative office hours to the Tribal members and the public are 10:00 am to
5:00 p.m., Monday through Saturday.
• The Tribal Council officers (5) meet usually on Thursday evenings from 6:00 p.m. to
10:00 P.M.
• Tribal General Council meetings are on the third Saturday of each month and meet
from 1:00 p.m. to 4:00 p.m. Usually approximately 30-50 people, many with in
walking distance.
• Tribal Committee meetings are held on various days usually with in the normal
business hours of the Tribal office and last 1-2 hours. Most have 3-6 members, only
the newsletter folding committee has more members and they meet once a month to
prepare the newsletter mailing. The newsletter committee always meets during
normal Tribal office hours and has approximately 8 people helping and take 1 1/2
hours.
• The Tribal office area would be arranged to be at the far end in the carpeted area,
leaving the open area for multi use, Meetings, Tribal classes, or other Tribal
programs.
• The common area (kitchen and dining hall) could be utilized for the Tribal general
council meetings. The Tribe will coordinate the use of the common area with the
Citv's master calendar.
• The Tribe will have access to the common area for the use of the restrooms.
Exhibit B