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05-0405_CATHOLIC CHARITIES OF ORANGE COUNTY_License Agreement0 LICENSE AGREEMENT 0 This License Agreement is made this 5 day of April , 2005, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and Catholic Charities of Orange County, Inc., hereinafter referred to as "CCOC". RECITALS: WHEREAS, CCOC is a nonprofit organization dedicated to providing quality social and health services to a targeted population of San Juan Capistrano; and WHEREAS, CCOC desires to utilize for administrative office purposes a portion of the Stone Field Community Building, located at 31322 Camino Capistrano; and WHEREAS, City desires to make available such facility to CCOC for such purposes on a temporary basis under the terms and conditions set forth in this agreement. NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND CCOC AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to CCOC for the purpose of allowing CCOC to utilize a portion of the Stone Field Community Building for administrative office purposes only. The portion of the Stone Field Community Building, which is the subject of this License grant, is specifically described in the Site Plan attached as Exhibits "A" through "C", and incorporated herein by reference. CCOC is further entitled to make certain improvements as described in Exhibit "C". Any future improvements desired by Licensee not listed in Exhibit "C" must be submitted in writing to the City, and then approved, in writing, by the City. Section 2. Facility Use Fees. In consideration of the foregoing, CCOC agrees to pay City a facility use fee in the sum of $71 per month, in addition to a monthly utility fee of $25 (Section 5), totaling $96 due to the Community Services Department on the first working day of each month. Section 3. Allowable Uses. CCOC may not utilize the property for any other uses than those specifically set forth in Exhibit "B", attached and incorporated herein by reference. -1- SC 0 Section 4. Term of License. The term of this License shall be one (1) year 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. In addition, CCOC is hereby granted a 90 - day hold -over period with respect to the one year term wherein CCOC may remain upon the property for up to 90 days to accommodate any need CCOC may have to transition to another property. The monthly facility use fee will be required during this hold -over period. Section 5. Utilities. CCOC shall be solely responsible for a monthly electricity payment to the City in the amount of $25 per month, due the first working day of each month, along with the monthly facility use fee (Section 2). CCOC shall be responsible for the cost of all utility services required to conduct activities within the building space authorized under this Agreement. City shall not require sub -metering of authorized areas. Telephone Services: Telephone -related expenses are the sole responsibility of CCOC. CCOC shall be responsible for opening/closing facility for installation, repairs, and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, nor removal appointments. Section 6. No License Consideration. Licensee shall not be required to pay a license consideration for the privilege of utilizing property described in Exhibits AA" through AC@. Section 7. Use of Adjacent Meeting Room. CCOC agrees and understands that Capistrano Unified School District (CUSD) reserves the right to allow groups and individuals to utilize the adjacent meeting room. Section 8. Reservations to City City reserves the right to enter the property at any reasonable time for the purpose of inspection and/or repairs for which the City is responsible, or to carry out any municipal function. This right shall not be exercised in any mannerwhich will unreasonably interfere with CCOC=s use of the premises. Section 9. Condition of Premises. CCOC agrees to accept said facility in an Aas is@ condition, and agrees to assume all further liability arising out of the condition of such facility. Section 10. Maintenance. Repairs, and Improvements. (a) Refundable Restoration Requirement: In orderto ensure thatthe facility is returned to its original condition at the conclusion of this agreement, a refundable restoration deposit of $500 has been established. Any damage resulting from use of this -2- 0 9 facility shall be corrected at CCOC=s expense. When vacating facility, if applicant does not restore the site to its original condition, the cost to restore the facility shall be deducted from this deposit. In the event that the costs exceed the deposit, CCOC shall be invoiced for the outstanding restoration costs. All monies remaining after restoration is completed shall be refunded to CCOC. (b) Repairs and Damages. City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related improvements, providing that the damage to be repaired has not been caused directly by CCOC=s use of the premises. City shall also accept responsibility for the following items: Exterior Painting Roofing Windows and Doors (excluding screen doors) Exterior Wall Repair HVAC and plumbing Exterior Lighting (c) Custodial Responsibilities. CCOC shall be responsible for office and storage rooms of the Stone Field Community Building. (d) Tenant Improvements. CCOC shall submit to the Community Services Department, in writing, any desired changes/improvements to the Stone Field Community Building. This shall include any modifications to existing walls, windows, floors, doors, interior, and exterior. CCOC must receive written approval from City prior to making any improvements or modifications to the facility. All improvements shall be the financial responsibility of CCOC. Furthermore, CCOC shall restore said facility back to its original condition at the end of the use agreement, unless City provides written permission to leave improvement in place. Section 11. 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 Requirements/Endorsement. CCOC shall submit the certificate of liability insurance, naming the City as additional insured, and an additional insured endorsement to the City for certification that the insurance requirements of this Agreement have been satisfied. -3- (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. CCOC 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 CCOC's use of said facility under the terms and conditions of this License Agreement. Section 12. Conditions of Operation. A. The hours of operation shall be during daylight hours. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. B. CCOC shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the aforesaid facility. C. CCOC shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. D. CCOC shall submit a semi-annual performance report, due October 1, 2005, and March 31, 2006, to the Community Services Director in accordance to City Council Policy 014. The report shall include: 1. Disclosure of all activities CCOC has conducted both at the facility and in the community on an outreach basis; 2. The number of citizens receiving benefits from activities, including meetings, classes, events, services; 3. The city of residence of citizens receiving benefits from activities, including meetings, classes, events, services; 4. Description of any routine maintenance of premises; 5. Proof of CCOC=s continued nonprofit status; 6. Information on the total revenue received by CCOC during the reporting period, and disclosure of the sources of that revenue. E. Parking spaces adjacent to this facility shall be shared with Capistrano Unified School District employees and the public. No parking spaces shall be reserved for CCOC. F. Restrooms are to be kept locked when not in use. CCOC must ensure restroom is locked after each use. me G. CCOC is responsible for all furniture, equipment, and supplies for this space usage. H. City shall issue keys to names provided by CCOC; all keys must be signed- out in accordance with City procedure. When a person leaves CCOC=s program, CCOC must return the key to City so that person=s name can be removed from City records. CCOC is not to re -issue any key to another employee. Section 13. 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 CCOC 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) City and CCOC shall have the right to terminate this Agreement without cause by giving ninety (90) days advance written notice of termination to the other party. (c) Upon termination of this Agreement, CCOC shall remove all equipment and materials, clean the premises, and leave facility in a condition substantially similar to that prevailing at the time of the commencement of this lease, with the exception of normal wear and tear, acts of God, and events beyond control of CCOC. CCOC shall restore the property to its original condition without any cost to City. Section 14. 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 15. 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: Karen Crocker, Community Services Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 -5- To Licensee: Ms. Zenaida Yolo, Director of Finances and Operations Catholic Charities of Orange County, Inc. 1800 E. McFadden Avenue Santa Ana, CA 92705 (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. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF SAN JUAN CAPISTRANO By: Wya art, Mayor CATHOLIC CHARITIES OF ORANGE COUNTY, INC. By: Theresa Montminy, Execu ' e Director ATT T: r nahan, City Clerk APPROVED AS TO FORM: John R. S 't, City Attorney 9 1• I 6'�� moo• p• 1•-e• a !-0•dL N N v � i u; .N ..N /• YW NO r /44* i MAN 11• WIN CUM p9 BL ! P SS Y to f� .1`WIN. -UE1 IM O: C n W o a -- -�� C N� y N - office & Storage u IN ]`T Oy Room sm8� N N � —_ Y•• N Do D oCi ' s' -o• uix. aa� D I• —�-- y saQ s ' c�i^ �' Mrd a o §was A \ \, D .•i, � (w�o-.� -ON •49 5 ry J�py --I.- N i _ 000 $ MT A p }3p{ kJlal-i WIN Stone Field Mrs Community Building qE —'----- -- -- =1 Y--- ----'---- —..-1 33 SOF EXHIBIT EXHIBIT AB@ Allowable Uses Stone Field Community Building Catholic Charities of Orange County, Inc. Allowable Uses Include: $ Administrative office hours shall be Monday - Friday, 8:00 am - 6:30 pm $ There shall be a maximum of four (4) work stations in this area $ The maximum number of persons to be in this area at any one time is eight (8) $ Types of activities to take place at this site include: administrative/office functions $ Storage of equipment and supplies is permitted only within the interior of the office/storage area $ Applicant shall have access to adjacent restroom facilities Applicant may not utilize the property for any other uses than those specifically established in this agreement in EXHIBIT AC@ Proposed Tenant Improvements Stone Field Community Building Catholic Charities of Orange County, Inc. Proposed Tenant Improvements Include: 1.2 lockable screen doors for exterior doors 2. Installation of glue -down carpet in the storage room portion 3. Exterior signage 4.4 sets of shelving above desks to store books and office materials 5. Exterior enclosed, lockable, bulletin board Note: CCOC will be responsible for the purchasing, installation, upkeep, repairs, and removal/restoration associated with all City -approved tenant improvements. E Mitzi Ortiz From: Maria Guevara Sent: Monday, April 03, 2006 1:22 PM To: Linda Evans Cc: Mitzi Ortiz Subject: RE: Action Reminder - Catholic Charities Thanks. Then we'll close thea req ement with Catholic Charities. Maria Guevara, Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6309 (949) 493-1053 - Fax -----Original Message ----- From: Linda Evans Sent: Monday, April 03, 2006 1:11 PM To: Maria Guevara Subject: Action Reminder - Catholic Charities 0 I received an "Action Reminder" (dated March 1) regarding the License Agreement with Catholic Charities expiring April 5, 2006. Here's the scoop: - We are NOT renewing an agreement with Catholic Charities (use of Stone Field Building) - Instead, we are entering into a new agreement for the same program, same services, with Mission Hospital. This is for a different building - a portion of the Lacouague Building, located within the Old Fire Station Recreation Complex. - This new agreement was scheduled for April 4, but had to be moved to April 18 due to Mission Hospital still reviewing the draft agreement If you have questions regarding this info, please let me know. Linda Evans, Community Services Manager City of San Juan Capistrano 949-443-6390 Fax: 949- 661- 6660 levans@sanjuanwpistrano.org Parks and Recreation... the benefits are endless! 32400 PASEO ADEI— NTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sat?luancapisil'ana.org April 6, 2005 Ms. Zenaida Yolo, Director of Finances and Operations Catholic Charities of Orange County, Inc. 1800 E. McFadden Avenue Santa Ana, CA 92705 Dear Ms. Yolo: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYAT HART JOE SOTO DAVID M. SWERDLIN Enclosed is an executed, original license agreement for use of a portion of the Stone Field Community Building, located at 31322 Camino Capistrano. The agreement was approved by the City Council at their April 5, 2005 meeting. We have received documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with the terms of this agreement in coordination with the Project Manager, Karen Crocker, Community Services Manager (949) 443-6389. Yours truly,( n V V Me Monah n, CMC Ci Clerk enc : Agreement cc: Karen Crocker, Community Services Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 AGENDA REPORT 0 4/5/2005 D10 TO: Dave Adams, City Manager FROM: Karen Crocker, Community Services Manager SUBJECT: Consideration of License Agreement for Use of Portion of the Stone Field Community Building (Catholic Charities of Orange County, Inc.) RECOMMENDATION: By motion, approve the proposed license agreement between the City of San Juan Capistrano and Catholic Charities of Orange County, Inc., forthe use of a portion of the Stone Field Community Building for administrative purposes. SITUATION: A. Summary and Recommendation In December 2003, the City of San Juan Capistrano and Catholic Charities of Orange County, Inc. (CCOC) entered into an agreement for the use of the office and storage areas of the Stone Field Community Building for administration purposes on a month-to-month facility rental basis. The lease has expired and staff recommends that a one-year license agreement with CCOC with a one-year extension option be approved. B. Backaround CCOC began using the office and storage areas of the Stone Field Community Building in May 2003. Their administrative office for the San Juan Capistrano area is based at this facility. The staff working in this office spends much of their time "in the field" working directly with the residents in their neighborhoods. The Community Services Department has monitored this use and has not received any complaints regarding CCOC's use of this facility. Previously CCOC occupied an office on Paseo Adelanto for this purpose. The program's funding was $550,000 through Proposition 10, Children's and Families Commission of Orange County (tobacco tax). When CCOC received notice that the funding was being reduced from $550,000 to $100,000 for the year, they reduced their work force and began searching for a less expensive office site. The CCOC staff work as part of the Community Health Enrichment Collaborative (CHEC), which is a community-based collaborative that provides quality social and health services for Spanish-speaking residents of San Juan Capistrano. The groups 0 0 Agenda Report Page 2 April 5, 2005 that make up the collaborative include Catholic Charities of Orange County, Mission Hospital, and the Mission Basilica of San Juan Capistrano. CCOC also works collaboratively with Capistrano Unified School District (CUSD), the City of San Juan Capistrano, Public Health Nursing, Camino Health Clinic, and other community partners to maximize service delivery and coordinate scarce resources. By having this service based in the community, San Juan Capistrano residents will benefit from free health and social services provided by the CHEC collaborative. Last year CHEC served approximately 2,957 residents of San Juan Capistrano which is an increase of 1,337 from the previous year. CHEC identified their program focal areas as: illegal drug use, lack of safe places for children to play, parenting skills, domestic violence education, and teen pregnancy. The goals of this program are to provide the following services to the target neighborhoods: • Outreach to parents with children ages five or under to provide health insurance assistance for the children, as well as for all family members • Health education workshops, such as CPR, First Aid, breast cancer, diabetes, smoking cessation, health screenings, and nursing case management services • Parent and Teen Parent education workshops • Parent -Child classes • Kindergarten Preparation classes • In-home visits and information/referral to assist new immigrants to understand the school system • Opportunities for community involvement in the volunteer/resident-led Neighborhood Health Committee and Stone Field Park Preservation Group • Mental Health services for Spanish-speaking families The request calls for the organization to utilize the Stone Field Community Building's office and storage area for administrative purposes. These are identified in the floor plan (Exhibit A), Attachment 1. Allowable uses established by this license agreement with CCOC are set forth in (Exhibit B), Attachment 1. The adjacent, larger meeting room is under the control of CUSD. CCOC is aware that when they hold meetings for the community, they are to reserve the room through CUSD. Request for tenant improvements must be submitted in writing to the City, must be approved by the City prior to making any improvements to the facility, and all improvements shall be at CCOC's expense. Furthermore, the CCOC shall restore the facility back to its original condition at the end of the use agreement. C. Monthly Facility Use Fees The monthly facility use fee for the Stone Field Community Building is $142, plus a flat rate of $25 for electricity usage, totaling $167 per month. CCOC has paid this rate since they began using this facility in May 2003. A request from CCOC for a Agenda Report Page 3 April 5, 2005 50% reduction in the monthly facility use fees was received by the City. City Administrative Policy #606 establishes a process for consideration of fee reductions for use of City facilities. The policy states that the Director of Community Services and the City Manager are each authorized to grant up to a 25% reduction in facility rental fees for a total possible reduction of 50%. For this request, both the Director of Community Services and the City Manager have recommended the full 50% reduction that is within their authority. Since no amount greater than a 50% reduction was requested, a fee reduction request is not being forwarded for City Council consideration. The reduced rate to be passed along to CCOC is a monthly facility use fee of $71, plus the monthly flat rate of $25 for electricity usage, totaling $96 per month. D. Overview of the License Agreement The proposed license agreement (Attachment 1) addresses a variety of issues including allowable uses, term of license, utility responsibilities, tenant improvements, maintenance and repairs, insurance and indemnity, and termination of the agreement. CCOC has expressed its desire to find a new home in San Juan Capistrano; however, has not found a facility within walking distance of the targeted neighborhood. Since it is the intent of CCOC to use the Stone Field Building for administrative purposes on an interim basis, the proposed term of this license agreement is for a period of one year from the date of its execution, with the possibility of an additional one-year period extension upon mutual consent of both parties. Staff is presenting this item to the City Council at the request of CCOC, who has requested use of the Stone Field Community Building on a license agreement basis so that they can make City -approved tenant improvements to the facility. City Council Policy 014, "Nonprofit Public Benefit Corporations" (Attachment 2), was established to ensure that nonprofit public benefit organizations that enter into agreements with the City, for use of City facilities, are not for the private benefit of any individual. In consideration of this policy, the proposed lease agreement includes a requirement that CCOC will be required to submit a report to the City every six months describing the services provided through this facility. Failure to submit to the City the required performance reports shall make the organization ineligible for a continuation of the license agreement with the City of San Juan Capistrano. Attached is the latest semi-annual Performance Report. (Attachment 3) COMMISSION/BOARD REVIEW, RECOMMENDATION: This item will be presented to the Parks, Recreation, and Equestrian Commission at their April 18, 2005 meeting as information only. 0 Agenda Report Paae 4 FINANCIAL CONSIDERATIONS: 0 5, 2005 As specified in the proposed license agreement, CCOC will be responsible for a monthly facility use fee of $71 plus a monthly electricity reimbursement of $25, which totals $96 due by the first of each month to the City. This fee of $96 reflects an administrative reduction of 50% of the monthly facility use fee, in accordance with Administrative Policy No. 606. NOTIFICATION: Ms. Zenaida Yolo, Interim Director of Finance and Operations, Catholic Charities of Orange County, Inc.* Mrs. Terry Shearman, Coordinator of CHEC Family Resource Center* * Mailed copy of agenda report RECOMMENDATION: By motion, approve the proposed license agreement between the City of San Juan Capistrano and Catholic Charities of Orange County, Inc., for the use of a portion of the Stone Field Community Building for administrative purposes. Respectfully submitted, k-VWL'ec'� Karen Crocker Community Services Manager Attachments: 1. Proposed License Agreement Exhibit A Exhibit B Exhibit C 2. City Council Policy 014 3. Semi -Annual Performance Report 4. Location Map CAh4y DocumentsWgenda\City CoundNAgenda Reports\04 05 05\Catholic Chadties Stone Field.doc LICENSE AGREEMENT This License Agreement is made this 5 day of April , 2005, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and Catholic Charities of Orange County, Inc., hereinafter referred to as "CCOC". RECITALS: WHEREAS, CCOC is a nonprofit organization dedicated to providing quality social and health services to a targeted population of San Juan Capistrano; and WHEREAS, CCOC desires to utilize for administrative office purposes a portion of the Stone Field Community Building, located at 31322 Camino Capistrano; and WHEREAS, City desires to make available such facility to CCOC for such purposes on a temporary basis under the terms and conditions set forth in this agreement. NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND CCOC AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to CCOC for the purpose of allowing CCOC to utilize a portion of the Stone Field Community Building for administrative office purposes only. The portion of the Stone Field Community Building, which is the subject of this License grant, is specifically described in the Site Plan attached as Exhibits "A" through "C", and incorporated herein by reference. CCOC is further entitled to make certain improvements as described in Exhibit "C". Any future improvements desired by Licensee not listed in Exhibit "C" must be submitted in writing to the City, and then approved, in writing, by the City. Section 2. Facility Use Fees. In consideration of the foregoing, CCOC agrees to pay City a facility use fee in the sum of $71 per month, in addition to a monthly utility fee of $25 (Section 5), totaling $96 due to the Community Services Department on the first working day of each month. Section 3. Allowable Uses. CCOC may not utilize the property for any other uses than those specifically set forth in Exhibit "B", attached and incorporated herein by reference. -1- Attachment 1 Section 4. Term of License. The term of this License shall be one (1) year 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. In addition, CCOC is hereby granted a 90 - day hold -over period with respect to the one year term wherein CCOC may remain upon the property for up to 90 days to accommodate any need CCOC may have to transition to another property. The monthly facility use fee will be required during this hold -over period. Section 5. Utilities. CCOC shall be solely responsible for a monthly electricity payment to the City in the amount of $25 per month, due the first working day of each month, along with the monthly facility use fee (Section 2). CCOC shall be responsible for the cost of all utility services required to conduct activities within the building space authorized under this Agreement. City shall not require sub -metering of authorized areas. Telephone Services: Telephone -related expenses are the sole responsibility of CCOC. CCOC shall be responsible for opening/closing facility for installation, repairs, and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, nor removal appointments. Section 6. No License Consideration. Licensee shall not be required to pay a license consideration for the privilege of utilizing property described in Exhibits "A" through "C". Section 7. Use of Adjacent Meeting Room. CCOC agrees and understands that Capistrano Unified School District (CUSD) reserves the right to allow groups and individuals to utilize the adjacent meeting room. Section 8. Reservations to City City reserves the right to enter the property at any reasonable time for the purpose of inspection and/or repairs for which the City is responsible, or to carry out any municipal function. This right shall not be exercised in any manner which will unreasonably interfere with CCOC's use of the premises. Section 9. Condition of Premises. CCOC agrees to accept said facility in an "as is" condition, and agrees to assume all further liability arising out of the condition of such facility. Section 10. Maintenance. Repairs. and Improvements. (a) Refundable Restoration Reguirement: In order to ensure that the facility is returned to its original condition at the conclusion of this agreement, a refundable restoration deposit of $500 has been established. Any damage resulting from use of this -2- 0 facility shall be corrected at CCOC's expense. When vacating facility, if applicant does not restore the site to its original condition, the cost to restore the facility shall be deducted from this deposit. In the event that the costs exceed the deposit, CCOC shall be invoiced for the outstanding restoration costs. All monies remaining after restoration is completed shall be refunded to CCOC. (b) Repairs and Damages. City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related improvements, providing that the damage to be repaired has not been caused directly by CCOC's use of the premises. City shall also accept responsibility for the following items: Exterior Painting Roofing Windows and Doors (excluding screen doors) Exterior Wall Repair HVAC and plumbing Exterior Lighting (c) Custodial Responsibilities. CCOC shall be responsible for office and storage rooms of the Stone Field Community Building. (d) Tenant Improvements. CCOC shall submit to the Community Services Department, in writing, any desired changes/improvements to the Stone Field Community Building. This shall include any modifications to existing walls, windows, floors, doors, interior, and exterior. CCOC must receive written approval from City prior to making any improvements or modifications to the facility. All improvements shall be the financial responsibility of CCOC. Furthermore, CCOC shall restore said facility back to its original condition at the end of the use agreement, unless City provides written permission to leave improvement in place. Section 11. 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 Requirements/Endorsement. CCOC shall submit the certificate of liability insurance, naming the City as additional insured, and an additional insured endorsement to the City for certification that the insurance requirements of this Agreement have been satisfied. -3- (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) Indemni . CCOC 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 CCOC's use of said facility under the terms and conditions of this License Agreement. Section 12. Conditions of Operation. A. The hours of operation shall be during daylight hours. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. B. CCOC shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the aforesaid facility. C. CCOC shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. D. CCOC shall submit a semi-annual performance report, due October 1, 2005, and March 31, 2006, to the Community Services Director in accordance to City Council Policy 014. The report shall include: 1. Disclosure of all activities CCOC has conducted both at the facility and in the community on an outreach basis; 2. The number of citizens receiving benefits from activities, including meetings, classes, events, services; 3. The city of residence of citizens receiving benefits from activities, including meetings, classes, events, services; 4. Description of any routine maintenance of premises; 5. Proof of CCOC's continued nonprofit status; 6. Information on the total revenue received by CCOC during the reporting period, and disclosure of the sources of that revenue. E. Parking spaces adjacent to this facility shall be shared with Capistrano Unified School District employees and the public. No parking spaces shall be reserved for CCOC. F. Restrooms are to be kept locked when not in use. CCOC must ensure restroom is locked after each use. -4- 0 • G. CCOC is responsible for all furniture, equipment, and supplies for this space usage. H. City shall issue keys to names provided by CCOC; all keys must be signed- out in accordance with City procedure. When a person leaves CCOC's program, CCOC must return the key to City so that person's name can be removed from City records. CCOC is not to re -issue any key to another employee. Section 13. 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 CCOC 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) City and CCOC shall have the right to terminate this Agreement without cause by giving ninety (90) days advance written notice of termination to the other party. (c) Upon termination of this Agreement, CCOC shall remove all equipment and materials, clean the premises, and leave facility in a condition substantially similar to that prevailing at the time of the commencement of this lease, with the exception of normal wear and tear, acts of God, and events beyond control of CCOC. CCOC shall restore the property to its original condition without any cost to City. Section 14. 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 15. 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: Karen Crocker, Community Services Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 -5- 0 To Licensee: 0 Ms. Zenaida Yolo, Director of Finances and Operations Catholic Charities of Orange County, Inc. 1800 E. McFadden Avenue Santa Ana, CA 92705 (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 attorneys fees, costs and expenses incurred by the prevailing party. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: Meg Monahan, City Clerk APPROVED AS TO FORM: Jphn R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO 0 Wyatt Hart, Mayor CATHOLIC CHARITIES OF ORANGE COUNTY, INC. Terrie Montimony, Executive Director Jai fill .ire• V V -e• i 4'-e•Ni !•-4• (` N 1r---- s IN .—N l W -- D l 44 GLII I 'I -• p• W. — p� 1 __ �m N N '44- �$� _iii a•� ...._ .._ _ x 11•-p`�.i. -- ��� Ila Office & storage Room ' O N IR DO D O R �a4 m f V -gr aim. aiN 1• � �� N D i� lit! N _ t -o r o o' -r s -o r -e Stone Field -.- - , -- — ----- - - Community Building sil��:l-,-------EXHIBITA 0 EXHIBIT "B" Allowable Uses 0 Stone Field Community Building Catholic Charities of Orange County, Inc. Allowable Uses Include: • Administrative office hours shall be Monday - Friday, 8:00 am - 6:30 pm • There shall be a maximum of four (4) work stations in this area • The maximum number of persons to be in this area at any one time is eight (8) • Types of activities to take place at this site include: administrative/office functions • Storage of equipment and supplies is permitted only within the interior of the office/storage area • Applicant shall have access to adjacent restroom facilities Applicant may not utilize the property for any other uses than those specifically established in this agreement • 0 EXHIBIT "C Proposed Tenant Improvements Stone Field Community Building Catholic Charities of Orange County, Inc. Proposed Tenant Improvements Include: 1.2 lockable screen doors for exterior doors 2. Installation of glue -down carpet in the storage room portion 3. Exterior signage 4.4 sets of shelving above desks to store books and office materials 5. Exterior enclosed, lockable, bulletin board Note: CCOC will be responsible for the purchasing, installation, upkeep, repairs, and removal/restoration associated with all City -approved tenant improvements. M 0 March 3, 2005 Ms. Karen Crocker Community Services Manager City of San Juan Capistrano 25925 Camino Del Avion San Juan Capistrano, CA 92675 E Re: 2005 Eggstravaganza — Request for Fee Waiver for Historic Town Center Park Dear Ms. Crocker, For the past couple of years, the San Juan Community Task Force has conducted an annual Easter egg hunt at the City's Sports Park known as the Eggstravaganza. The San Juan Task Force has asked the San Juan Capistrano Rotary Club to conduct this event beginning with 2005. This event is open to all children in the community at no charge. Therefore, we are requesting a fee waiver for the event and some minor assistance from the City. The event is scheduled for March 26, 2005. We are requesting to reserve the Historic Town Center (HTC) Park from 9:00 a.m. to 2:00 p.m. on that date. The event is scheduled from 10:OOam to 12:OOam. We understand that the HTC Park is a sensitive area and will abide by all conditions placed upon the event and the site. Additionally, a site plan is being prepared and will be submitted no later than March 7, 2005. Our activities will include Easter egg coloring and an Easter egg hunt. Children will receive a basket and filler grass for the basket. The eggs provided for coloring will be prepared by a local restaurant. The hunt will be for plastic eggs filled with candy. We are requesting the use of 20 delineators, S tables and 16 chairs as part of the setup for the event. The San Juan Capistrano Rotary Club appreciates your consideration and support for this event. We look forward to working with you and the Community Services staff. Sincerely, Sue Beit er President San Juan Capistrano Rotary ATTACHMENT 0 0 CITY OF SAN JUAN CAPISTRANO CITY COUNCIL POLICY Subject: Effective Policy pagp Datp Number NONPROFIT PUBLIC BENEFIT CORPORATIONS 1 of 1 02/05/02 014 This policy is hereby created as a means to ensure that non-profit public benefit corporations that enter into, and maintain, any agreements or relationships, with the City of San Juan Capistrano, where the City provides a direct subsidy, or leases property at no rent or minimal rent levels to the non-profit organization, are not organized for the private gain of any person. The subject organization must be a non-profit organization with headquarters or a branch office located within the City of San Juan Capistrano. The subject organization must: Be organized under the Nonprofit Public Benefit Corporation Law for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. 2. Not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. 3. Not dedicate any part of its net income or assets to the benefit of any director, officer or member of said corporation or to the benefit.of any private person. 4. Submit a semi-annual report describing how the agreed upon services or programs were rendered during the performance reporting period. The report must include: a. Number of citizens receiving benefits; b. The city of residence of citizens receiving benefits; C. Proof of the organization's continued nonprofit status; d. Disclosure of all activities the organization has conducted on City property, or with City funds; e. An account of organization's performance as established in agreement with the City. Such performance measurement standards shall be negotiated at the time agreement is entered into, and reflected in said agreement. The agreement shall also identify to whom the report is to be addressed and establish the dates when it is due to the City. f. Information on the total revenue received by the organization during the reporting period and disclosure of the sources of that revenue. 5. Failure to submit to the City the required performance reports shall make the organization ineligible fora continued financial relationship, agreement, etc. with the City of San Juan Capistrano. ATTACHMENT 2 January 28, 2005 Ms. Karen Crocker Manager of Community Services City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 Mission Hospital JLL ST. JOSEPH HEALTH SYSTEM 27700 Medical Center Road Mission Viejo, CA 92691 949.364.1400 w .fnission4heaIth.com RE: Semi -Annual Performance Report for Community Health Enrichment Collaborative-CHEC Family Resource Center and use of Stone Field Office Building Dear Karen, Enclosed please find the Semi -Annual report for the Community Health Enrichment Collaborative- CHEC Family Resource Center covering the time period from 7/1/2004- 12/31/ 2004. This report is submitted in response to the requirements noted in the City Council Policy #014 for our use of the Stone Field Office Building. The CHEC Family Resource Center staff and the collaborative partners continue to appreciate the support of the city of San Juan Capistrano in our efforts of providing family support and health services to low-income residents. If I can be of further assistance, I can be reached at (949) 365-2460. Thank you. Sincerely, Terry Shearman, LCSW Coordinate of CHEC FRC Mission Hospital A Ministry of the Sisters of St. Joseph of Omege ATTACHMENT 3 Semi- Annual Performance Report for Community Health Enrichment Collaborative- CHEC Family Resource Center covering time period 7/1/200412/3112004 A. Number of Citizens receivine benefit from the CHEC FRC services: Total Served: 3286 citizens A service grid has been developed to implement the tracking of outcomes for each program. See attached. B. Number of San Juan Capistrano residents receivine benefits from the CHEC FRC Services: Total Served: 2957 residents It is estimated that 90% of the families who receive C14EC services reside in San Juan Capistrano. Each individual staff member is tracking demographic information and reports any participants who reside outside of the City of San Juan Capistrano. A more comprehensive system for tracking this data is currently being developed. Many of the grants supporting the CHEC project are specifically designated for the low-income residents of San Juan Capistrano. C. Proof of Non Profit status: On file D. Disclosure of all activities on City Property, or with City Funds: The goals of the CHEC Family Resource Center program are to provide the following services to the primarily Spanish-speaking residents living in the targeted neighborhoods of La Zanja, Casa de Capistrano and Casitas de Alipaz: • Outreach to parents with children 0-5 to provide health insurance assistance for children, as well as for all family members: • Mental Health Counseling and workshops such as Anger and Stress Management, Helping Your Child Succeed at School, and Recognizing Domestic Violence • Support groups for Parents, teens and children • Health Education workshops, such as CPR, Handling Medical Emergencies, Breast Cancer, Diabetes, Nutrition and Making Healthy Lifestyle Choices. • Health Screenings and Nursing Case Management for those adults with chronic health conditions • Home Visits for Pregnant and Parenting Teens • Parenting Education for Teen Moms attending Serra High School • Mommy and Me classes/Bilingual Story time for Parent and Child • Kindergarten Preparation classes • Assistance to new immigrants for community and cultural navigation through home visits, workshops and information and referral • Opportunities for community involvement in the volunteer/resident-led Neighborhood Health Committee and Stone Field Park Preservation Group. • Community Resources: Clothing, Food, Bus Vouchers, Legal referrals Given our lack of space, many of the above family support and health services have been provided in the following locations in the community: 1] 0 • Capistrano Unified School District facilities including San Juan Elementary School, Kinoshita Elementary School, Serra High School, Adult SchooVESL classrooms, Marco Forester Middle School and the Stonefield Community Room • San Juan Capistrano Library • Head Start • Mission Basilica and Father Serra's Pantry • Stone Field E. Account of Oreanization's Performance: • The following programs as described above arc consistent with the request for the use of the facilities at a reduced rate stated in the license agreement between the City of San Juan Capistrano and Catholic Charities of Orange County, Inc. The portion of the Stone Field Community Building designated to the CHEC FRC has been used to conduct administrative tasks by the CHEC staff. The CHEC staff is a central point of contact for the surrounding neighborhood residents and for the larger community seeking services and the community members frequent the Center to learn of CHEC services and programs F. Total Revenue Received by the CHEC FRC and Sources of revenue: Grant Income for January 04 throueh June 04: Source o Revenue Amount Bud eted or St Josephs Ministry Fund and $15,000 (ends 12/04) Community Outreach Worker OC Children and Families $31,200 Health Advocate Commission St Joseph Health System: $101,000 School Guide Wellness and Prevention Parent Educator Youth Counselor Catholic Charities -United $21,500 Bilingual Counselor/Parent Way Grant Educator Mission Hospital: Community $161,000 Counselor -Parent Educator Benefit and Care for the Poor Community Benefit staff Funds Coordination Operations, Maintenance, Program Costs Total Revenue and Operational Budget: $329,7000 All programs are free to the community. r w m w � r 3 0 m � m c a m i cHillQ `mHill a a LL C m 0 0 0 01 O 1A O O m O O-0 2 N' 'p ''V w O O N p 7 O N tp N cn � O en N O O OON7 a 10 H Q 0 0^ TIT 0 0 0 0 O O O N N P9 y p p U U U U U U U U U U 000000 01 0 00 00 0 0 0 008000000 00000000 000000000 00000000 000000000 w w w w 0 0 0 0 eat 0 cA; 3 w _« em 2 m 2 ,w,. •eS C C Y m W i t .�. 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W a aEi w 0 v e 9 C GCL w m o u o W m ami c v m W m m V m A W c m f m m px C) v o E L p `m m W CL p 'o 'o d m as z v a m v a c v$ r am m ti Q aW E c e y m s o 0 !k o s s o m W Y d m m m A D 9 m N p ai a W s dCL z' U 0 N m z o o c U °° a a m 3 c�oi d L c o m v s :° y°� Q> 2 o it 3 Y Y m o 0 2 2 2 m m w m w U U 3 _x 14 1 9 3 3 x m r m m 3 1 W V1 2 2 U U Rm' Z Z Z F F F Z 10- U f) J Z F Wei 0 E ~ e--■ k/ 1" ƒ J to V �2-m©■©■,nom) > Ch : -,,,l, _/\§/2�` 8o8000 88 j W 0000 ` }!!§! 24;1:!!zz!!! j! E kk )j ui k - t$■■; 22 !�c { ) @iRfkfa!= $kk©3§ ■S..27�A!■■222 LU !§tea{ IL ©a;° /27§|® >��l;�EJlco --©eta; ,&2J2 . ||.|-��f;.,§l0; |f ;!� - 11 �f� )} i I! )�aam. - j} CLJ)ZZZ) k) E Attachment 4 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org April 6, 2005 C-] Nome i 1HOAAAAMID MRAIIfAAD 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN On April 5, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of License Agreement for Use of Portion of the Stone Field Community Building (Catholic Charities of Orange County, Inc.)" Item No. D10. The following action was taken at the meeting: Proposed license agreement between the City of San Juan Capistrano and Catholic Charities of Orange County, Inc., for use of a portion of the Stone Field Community Building for administrative purposes, approved. The following documents are in the process of being executed: License agreement for use of a portion of the Stone Field Community Building for administrative purposes. If you have any questions regarding this action, please contact Karen Crocker, Community Services Manager at 443-6389 for more detailed information. Thank you, Mtzf Ortizi Deputy City Clerk Cc: Zenaida Yolo, Catholic Charities of Orange County, Inc.'; Terry Shearman, CHEC Family Resource Center'; Karen Crocker, Community Services Manager San Juan Capistrano: Preserving the Past to Enhance the Future C1-1.eycedpoe, E 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sat!luancapistrano.org MEMBERS Or THE CITU COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE W VAT7 HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on April 5, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement for Use of Portion of the Stone Field Community Building (Catholic Charities of Orange County, Inc.)" — Item No. D10 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, April 4, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak' form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Karen Crocker, Community Services Manager. You may contact that staff member at (949) 443-6389 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(a)sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Zenaida Yolo, Catholic Charities of Orange County, Inc."; Terry Shearman, CHEC Family Resource Center*; Karen Crocker, Community Services Manager Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 primed on repcled paper