00-0620_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_Memorandum of Understanding0
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MEMORANDUM OF UNDERSTANDING AGREEMENT
This Memorandum of Understanding Agreement is entered into this 2itlay of _—
�l unx '2000, by and between the CITY OF SAN JUAN CAPISTRANO (hereinafter
"City"), and BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, a non-profit corporation
(hereinafter "Club").
RECITALS:
WHEREAS, City and Club have entered into a real property lease dated June 1,
1999 ("the master leasehold agreement") providing for the lease of City land to the Club
and the Club's construction of the Club Facility in accordance with the Site Plan attached
to the lease agreement; 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 Club's offer to build an expanded youth facility of
approximately 11,000 sq. ft. (hereinafter referred to as the "Club 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 has constructed a community gymnasium adjacentto the proposed
Club Facility; and
WHEREAS, the Club has completed construction of the Club Facility as of May 31,
2000; and
WHEREAS, Section 2(d) of the master lease agreement provides that City and Club
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,
NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND CLUB AS
FOLLOWS:
Section 1. The Club Facility.
The Club shall utilize the Club 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.
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The Club's operating hours will be from 2:00 p.m. to 6:00 p.m. 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 a monthly calender of
operating hours and activities.
Section 2. Usage And Sharing of Common Area Maintenance.
City and Club 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 Club, the City staff and Club 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 Club.
City shall be financially responsible for the maintenance and repair of the adjacent
parking area that serves the City and Club Facility.
B. Lobby Area. The Club shall be financially responsible for general
maintenance and janitorial cleaning of the lobby area and for general wear and tear from
usage of the Club Facility.
Club shall keep the lobby area free and clear of storage or accumulation of any Club
or Club members' material or items of equipment.
C. Gymnasium. The Club shall complywith all City rules and regulations
as identified in Administrative Policy 613 in regards to gymnasium use priorities,
regulations, annual calender and fee schedule.
City and Club agree that Club may provide concession services from the
community room located within the Club Facilityto users of the gymnasium, subject to prior
approval of the City.
City shall be responsible for gymnasium maintenance and cleaning.
D. Outside Entry Areas. Club shall ensure that Club 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.
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E. Restrooms. Club and City shall work together to ensure that
restrooms are clean, safe and well supervised.
The Club shall be financially responsible for restroom maintenance during
weekdays at the conclusion of the Club's normal business hours.
City shall provide, at its expense, janitorial service during evening hours and
Saturdays and Sundays. City and Club shall ensure that the restrooms are cleaned to the
mutual satisfaction of both parties prior to the commencement of activities.
F. Damages to Common Areas. The Club shall be financially responsible
for any damage to the common areas arising directly out of the Club's usage of these
areas.
Section 3. Reciprocal Use of City and Club Facilities.
A. Reciprocal Use in General. City and Club agree that there shall be
reciprocal use of the Club 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. Club and City agree to mutually share certain designated Club
and City facilities at no cost to either party. Club and City staffs shall develop a schedule
of facilities and other appropriate organizational rules to implement this subsection.
D. Svecial Events. Special events, including but not limited to, banquets,
fundraisers, or other significant gatherings, which require additional City support efforts,
shall be subject to the City's Administrative Policies 607, 610 and 613 on use of City
facilities.
Section 4. Coordination of Calenders for Usage of Facilities.
A. The Community Services Department shall prepare a Master Calender
of Usage of Facilities. This Master Calender shall incorporate Club activities, including City
approved additions thereto. The Master Calender shall include the Community Center,
Sports Park, Gymnasium, Marco Forster Middle School, Del Obispo Elementary School
and Kinoshita Elementary School activities. The Club shall receive a copy of the Master
Calender and updated activities.
B. The purpose of the Master Calender is to prevent over capacity and
parking issues at the Community Center and Club Facility.
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C. The Club shall provide an annual calender of its activities to the
Community Services Department priorto the City's preparation of its master calender. The
annual calender shall include special activities, excursions, dances, sport leagues, after -
hour activities or any activities that are beyond the normal operations of the Club. Any
additional activities that are not on the submitted annual calender shall be submitted to the
Community Services Department in advance of the activity.
The Club agrees and understands that time is of the essence in submitting
the calender to the City to insure successful coordination of events between the City, Club,
School District, and other potential facility users.
Section 5. Utilities.
The Club shall be solely responsible for payment of use of utilities with respect to
the Club Facility.
Section 6. Additional Club Storage Area. City agrees to allow the Club to store
Club equipment and other materials in the Westside area of the City Gymnasium as
designated by City staff in exchange for Club's agreement to not construct a storage area
within the Club Facility. The Club shall maintain the storage area in a clean and orderly
manner at all times.
Section 7. 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 8. 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) calender 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
BOYS & GIRLS CLUB OF CAPISTRANO VALLEY
By: YU
Ja es . Williams, Executive Director
ATTEST:
By: t
Cheryl Johhion,tity Clerk
APPROVED AS TO FORM:
By:
John R. haw, City Attorney
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EXHIBIT A