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03-1202_CATHOLIC CHARITIES OF ORNAGE COUNTY_License Agreement• 6 LICENSE AGREEMENT This License Agreement is made thisday ofI. , 2003, 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 CITYAND 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- 0903 ATTACHMENT 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 mannerwhich 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. -2- OW3 0 Section 10. Maintenance. Repairs. and Improvements. (a) Refundable Restoration Requirement: 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 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: -3- 0903 0 0 $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. (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) Indemnitv. 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 January 31, 2004, and July 31, 2004, to the Community Services Director in accordance to City Council Policy 014. The report shall include: Disclosure of all activities CCOC has conducted both at the facility and in the community on an outreach basis; -4- 0903 • 11 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 non-profit 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. 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. 0 0 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: Al King, Jr., Community Services Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Licensee: Ms. Zenaida Yolo, Interim 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. -6- 0903 . IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. 1 n CATHOLIC M ATTEST: — oe�Id k' M g nahan, City Clerk APPROVED 4S TO FORM John R haw, City Attorney , Treasurer of COUNTY, INC. -7- 0903 D_I N z-ar'n �'�z 1� 10-5• 1'-6' 9•-� ��'1gF V-6- 6 1'-0' N V-4' n ��� N J� f i�~ 1 N N 1• � ~ D O N � N NN OW aD CN I/' YI CICIN __ _ __ __ _ N 11, YIN. CL[ c L 4 /._6./ li \figs ' D IJmn D , f i p` It M. , oa 4 -0' , p O661Office676 Storage Room aE�o' m m� =p= C ZA- � N N Y p�M �z - - $��i 4-M. T-a' o- Stone Field _ - -- - -- - '�-- - Community Building 24'-s EXHIBITA EXHIBIT "B" 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 IQ EXHIBIT B 0903 Il 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. -10- .: - 'EXHIBIT C 0903 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Linda Evans, Community Services Manager FROM: Mitzi Ortiz, Deputy City Clerk DATE: February 1, 2005 SITUATION: At their meeting of December 2, 2003 the City Council of the City of San Juan Capistrano entered into a License Agreement with Catholic Charities of Orange County, Inc. for use of a portion of Stone Field Community Building for administrative office purposes. ACTION REQUESTED: Said agreement is for a period of one year and is due to expire on December 2, 2004. On November 17, 2004, said agreement extended for 90 days or by March 1, 2004. Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOLD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: '"`FOR CITY CLERK'S DEPARTMENT USE ONLY"' Tickler Date: 11/01/04 02101/05 Deadline Date: 12/02/04 03/01/04 cc: Department Head CityAttorney (600.301ccoc) `A !'0 1 oS. r9 k4isi '41 %51 oS -'moo • • Page 1 of 1 Mitzi Ortiz From: Karen Crocker Sent: Monday, March 07, 2005 1:09 PM To: Mitzi Ortiz Subject: RE: License Agreement - Catholic Charities of Orange County It will go on April 5th. Thanks, KC -----Original Message ----- From: Mitzi Ortiz Sent: Friday, March 04, 2005 11:51 AM To: Karen Crocker Subject: License Agreement - Catholic Charities of Orange County Hi Karen, In February I sent you the attached action reminder. You responded by saying a new agreement would go to council on March 1. Please tell me the status of the existing agreement (should it be closed?) and when/if we should expect a new agreement. Thanks! Mitzi 3/7/2005 0 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Linda Evans, Community Services Manager FROM: Mitzi Ortiz, Deputy City Clerk DATE: February 1, 2005 SITUATION: At their meeting of December 2, 2003 the City Council of the City of San Juan Capistrano entered into a License Agreement with Catholic Charities of Orange County, Inc. for use of a portion of Stone Field Community Building for administrative office purposes. ACTION REQUESTED: Said agreement is for a period of one year and is due to expire on December 2, 2004. On November 17, 2004, said agreement extended for 90 days or by March 1, 2004. Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT pA��CTIOII N (S) SHOULD BE TAKEN: r 1�\ l qc\ ()vo'�- %,a SIGNATURE OF OFFICIAL TAKING ACTION:l a n l n fQCt DATE SIGNED: a -A `**FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 11/01/04 02101/05 Deadline Date: 12/02104 03/01/04 (600.30/ccoc) Client#: 1502 CATHORA ACORD, CERTIFICAPE OF LIABILITY INSU NCE DATE 08/03/05D ) PRODUCER Arthur J. Gallagher & Co. Ins. Brokers of CA Inc Lic.#0726293 One Market Spear Twr Ste 200 San Francisco, CA 94105 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Roman Catholic Bishop of Orange P.O. Box 14195 Orange, CA 92863 INSURER A: The Ordinary Mutual, a R.R.G.C. 10171 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DAM DmE POLICY EXPIRATION LIMITS A GENERAL LIABILITY CGAL0042005 07/01/05 07/01/06 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES (E.$SQ 000 CLAIMS MADE O OCCUR MED EXP (Any one person) $5,000 PERSONAL S ADV INJURY $1000900 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2009000 POLICY PRO K LOC A AUTOMOBILE LIABILITY CGAL0042005 07/01/05 07/01/06 COMBINED SINGLE LIMIT X (Es accidet) s1,999 999 ANY AUTO BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Perp Mw) $ BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND NCSTATUMIT- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNEPJEXECUTNE E.L. EACH ACCIDENT $ E.L. DISEASE - E!, EMFLCYE e OFFICERIMEMBER EXCLUDED? H es, describe under SPECIAL PROVISIONS belay E.L. DISEASE -POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Mission San Juan Capistrano, P.O. Box 697, San Juan Capistrano, CA 92693 as respects use of Mission San Juan Capistrano facilities for Summer Camps for Children from July 11 thru August 19, 2005. Certificate Holder Is named as Additional Insured per attached CG 20111185. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ACORD 25 (2001108) 1 of 2 #S139640IM137517 I ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL All DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO: SMALL NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25S (2001108) 2 of 2 #S139640/M137517 0 0 POLICY NUMBER: CGAL0042005 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): See below 2. Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 3. Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structual alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. RE: Mission San Juan Capistrano, P.O. Box 697, San Juan Capistrano, CA 92693 as respects use of Mission San Juan Capistrano facilities for Summer Camps for Children from July 11 thru August 19, 2005. Certificate Holder is named as Additional Insured per attached CG 20111185. CG 20 11 11 85 C� 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAx www.sanjuancapistrano.org July 22, 2005 Catholic Charities of Orange County, Inc. 1800 E. McFadden Avenue Santa Ana. CA 92705 MEMBERS OF THE CITY COUNCIL RE: Compliance with Insurance Requirements — Use of Stone Field Community Building: ✓ General Liability Certificate 7/1/2005 SAM ALLEVATO DIANE BATHOATE WYATT HART JOE SOTO DAVID M. SWERDLIN ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. If you have any questions, please contact me at (949) 443-6310. Sincerely, G III Orto Deputy City Clerk cc: Karen Crocker, Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future ej Primed an recycled mow enn_ orerunoA A'70-0 CERTIMUR OF LIABILITY INSUFMNCE LTR PRODUCERTHIS Arthur J. Gallagher & Co. Ins. Brokers of CA Inc LiC.#0726293 One Market Spear Twr Ste 200 San Francisco, CA 94105 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # INSURED Roman Catholic Bishop of Orange, A Bishop Of Orange Orange, CA 92867 INSURERA: The Ordinary Mutual, a R.R.G.C. 10171 INSURER B: NSURER C: INSURER D: INSURER E: V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR R TYPE OF INSURANCE POLICY NUMBER DATE IMM/DUIYYE PDATTE EXPIRATION OMITS A GENERAL LIABILITY CGAL0042003 07/01/03 07/01/04 EACH OCCURRENCE 51,00-0.0-0-0- 1000000X DAMAGE TO RENTED s50,000 XCOMMERCIAL GENERAL LIABILITY MED EXP (My we person) $5.000 CLAIMS MADE F-x� OCCUR PERSONAL d ADV INJURY 51000000 GENERAL AGGREGATE s2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGG 52000000 POLICY PR7 El LOC A AUTOMOBILE LIABILITY X ANY AUTO CGAL0042003 07/01/03 07/01/04 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY $ (PIX person) ALLOWNEDAUTOS SCHEDULED AUTOS BODILY INJURY f Per accident) HIREDAUTOS NONOWNED AUTOS PROPERTY DAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGO $ LIABILITY EACH OCCURRENCE f AGGREGATE f OCCUR 0 CLAIMS MADE f rESSIUMBRELLA f DEDUCTIBLE $ RETENTION $ O WC STATU- TR- WORKERS COMPENSATION AND E.L. EACH ACCIDENT f EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE f E.L. DISEASE -POLICY LIMB $ n dtai Under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Catholic Charities of Orange County, Inc., 1800 E. McFadden Ave., Santa Ana, CA 92705 as respects lease of Stonefield Community Building/Office. City of San Juan Capistrano is Additional Insured. City of San Juan Capistrano Attn: Community Services Dept. 25925 Camino del Avion San Juan Capistrano, CA 92675 2512°07/081 4 ..f 2 $M1nAAR1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORn 2" 12001/081 2 of 2 AMHnAAAI • 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) AvAvw.sanjuancapistrano. org December 4, 2003 �s • ✓(/�IAl1AllAAil1 IflllH9m I 1961 1776 Ms. Zenzida Yolo, Interim Director of Finances & Operations Catholic Charities of Orange County, Inc. 1800 E. McFadden Avenue Santa Ana, CA 92705 Dear Ms. Yolo: MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELPF WYATT HART JOESOTO DAVID M. SWERDLIN INTERIM CITY MANAGER PAMELAGIBSON A fully executed, original License Agreement related to use of a portion of Stone Field Community Building for administrative office purpose is enclosed. Thank you for forwarding current evidence of insurance as required by the agreement. Please keep in mind that this documentation must be maintained current with our office, or all work under this agreement must stop and all payments for services rendered will be withheld, until these documents are brought current. You may proceed with work under this agreement in coordination with the Project Manager, Linda Evans, Community Services Manager (949) 443-6390. Thank you, J^ Meg onah n, CMC City lark cc: Linda Evans, Community Services Manager Al King, Jr., Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 32400 PASEO ADEl_ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) 1,vty sanjuancapistrano. org December 3, 2003 "A mtolrouno mAnnlle 1 1961 1776 Ms. Zenzida Yolo, Interim Director of Finances & Operations Catholic Charities of Orange County, Inc. 1800 E. McFadden Avenue Santa Ana, CA 92705 Dear Ms. Yolo: MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SVJERDLIN INTERIM CITY MANAGER PAMELAGIBSON A License Agreement related to use of a portion of Stone Field Community Building for administrative office purpose is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 11. Insurance/Indemnity. Insurance evidence may be faxed to (949) 493-1053, followed by original signed documents. I have a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Linda Evans, Community Services Manager (949) 443-6390. Please call Maria Guevara, Secretary at (949) 443-6310 if you have questions regarding the forms of insurance needed. Thank you, Meg ktonah4n, CMC City(Clerk cc: Linda Evans, Community Services Manager Al King, Jr., Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future E Section 10. Maintenance. Repairs, and Improvements. (a) Refundable Restoration Requirement: 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 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 Imorovements. 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 LiabiiitX. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: -3- 0903 0 0 $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 InsuranceReouirements/Endorsement. CCOC shall submit the certificate"ofliability 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. (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 January 31, 2004, and July 31, 2004, to the Community Services Director in accordance to City Council Policy 014. The report shall include: Disclosure of all activities CCOC has conducted both at the facility and in the community on an outreach basis; -4- 0903 12/2/2003 AGENDA ITEM E 4 TO: Pam Gibson, Interim City Manager FROM: Al King, Jr., Community Services Director 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 Cityof 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. SITUATION: A. Summary and Recommendation In May 2003, Catholic Charities of Orange County, Inc. (CCOC) began using the office and storage areas of the Stone Field Community Building for administration purposes on a month-to-month facility rental basis. CCOC requests use of the facility on a longer term basis, and also requests City approval of proposed tenant improvements. Staff recommends that a one-year license agreement with CCOC with a one-year extension option be approved. B. Background 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 spend 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 FOR CITY COUNCIL AGENDA.I.3 0 0 Agenda Item Page 2 December 2, 2003 health services for Spanish-speaking residents of San Juan Capistrano. The groups 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 1,620 clients, with over 50% of those being San Juan Capistrano residents. 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 0-5 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 50% Agenda Item Paae 3 December 2, 2003 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 Interim 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. This reduced rate will begin in December 2003. 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 in a year. 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. COMMISSION/BOARD REVIEW. RECOMMENDATION: This item was presented to the Parks, Recreation, and Equestrian Commission at their November 17, 2003 meeting, at which time the Commission voted to forward to City Council a recommendation of approval of the 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. 0 Agenda Item Page 4 December 2, 2003 FINANCIAL CONSIDERATIONS: 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, Director, South Orange County Family Resource Center * Mailed copy of agenda report ALTERNATE ACTIONS: 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. 2. By motion, approve a modification to 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. 3. Do not 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. 4. Request additional information from staff • Agenda Item Page 5 December 2, 2003 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, All King, Jr. Community Services Director Attachments: 1 0 AK:LE/pz Proposed License Agreement Exhibit A Exhibit B Exhibit C City Council Policy 014 Location Map Prepared by, Linda Evans Community Services Manager C:\MyFiles\Ngenda Items\City Council\12 02 03 Catholic Charities Stone Field.wpd LICENSE AGREEMENT This License Agreement is made this _day of , 2003, 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 I. 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- 0903 ATTACHMENT 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 Citv 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. -2- 0903 1] Section 10. Maintenance. Repairs, and Improvements. (a) Refundable Restoration Requirement: 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 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: -3- 0903 $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 Reauirements/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. (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 January 31, 2004, and July 31, 2004, to the Community Services Director in accordance to City Council Policy 014. The report shall include: Disclosure of all activities CCOC has conducted both at the facility and in the community on an outreach basis; -4- 0903 0 0 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 non-profit 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. 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. -5- 0903 . 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: Al King, Jr., Community Services Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Licensee: Ms. Zenaida Yolo, Interim 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. -6- 0903 ' 0 9 IN WITNESS WHEREOF, thq parties have executed this Agreement on the day and year first above written. ATTEST: Meg Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO By: CATHOLIC CHARITIES OF ORANGE COUNTY, INC. By: Bishop Jaime Soto, Treasurer Board of Directors -7- 0903 a=- � � N> =gip (Nin s� Fi Y0' Ni 5.-4- IN�7'n�r Nom\ I vr^--•'• N N l' MW N, z D C l • >0 '- 5 1 _ _ •^z� �!' lil CLEAR - PP' MAN. CIE z '+ / " S \ q s \ if s; N tF 1m � jr �-0. �( �\III/// YIN. CLC'I�I-.l� � c� l .• � •11 j l J office & wm _I _ lJn Storage Room i6o LO c22po ��oao' ' 5'-0' YIN. �• ns;yy�I["\I )az➢� O-�i2 nyoN ` n^�� �r��/s - �� v�oeN �n_i.T�LN)( �m r1 Ax.•.z f ma- D cx �'. i-6'3 0- — 6-r r' r-e Stone Field _-o 'A=R �f- ' - --1- - ------- t-----f— - Community Building =a-= £�E------- -- - '�T 2i 3'----— --- "` ) ? w grA EXHIBIT A 1 w flNo, 0 0 EXHIBIT "B" 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 RZ EXHIBIT B 0903 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. -10- EXHIBIT C 0903 0 0 CITY OF SAN JUAN CAPISTRANO CITY COUNCIL POLICY Subject: Effective Policy Pace nate Numher 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 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) Ivlvlv_sanjuancapistrano. org December 4, 2003 ✓/���,�p II[IIIIIIfO ISTIILIM0 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDLIN INTERIM CITY MANAGER PAMELAGIBSON NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On December 2, 2003 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. E4 The following action was taken at the meeting: License agreement between the City of San Juan Capistrano and the 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 If you have any questions regarding this action, please contact Linda Evans, Community Services Manger at 443-6390 for more detailed information. Thank you, /r G Mitzi brtiz Deputy City Clerk Cc: Zenalda Yolo, Catholic Charities of Orange County, Inc.*; Terry Shearman, South Orange Family Resorce Center*; Linda Evans, Community Services Manger San Juan Capistrano: Preserving the Past to Enhance the Future U91 January 27, 2004 Mr. Joe Soto Mayor, City of San Juan Capistrano 31421 La Matanza Street San Juan Capistrano, CA 92675 Dear Mr. Soto: Mission Hospital Sr. JOSEPH HEALTH SYSIF.M 27700 Medical Center Road Mission Viejo, CA 92691 949.364.1400 www.mission4health.com The South Orange County Community Health Enrichment Collaboration (CHEC) was created in 1997 by Mission Hospital, Mission Basilica San Juan Capistrano, and Catholic Charities of Orange County. Its purpose is to improve the physical, spiritual, emotional, and economic health of south Orange County low-income residents. Its current focus has been specifically on providing services and working with low-income neighborhoods in San Juan Capistrano. The partners are interested in pursuing a formal partnership with the city of San Juan Capistrano. We see the following benefits to the city: • Providing an ongoing communication and outreach vehicle to the Latino community of San Juan Capistrano • Providing needed services to San Juan Capistrano residents (e.g., mental health counseling, health care, etc.) • Providing information on San Juan Capistrano from regular needs assessments regarding residents living in targeted areas • Leveraging resources to enhance the wellbeing of the community (e.g. renovation of Stone Field) • Providing services to the broader community of San Juan Capistrano, not limited to low- income residents. We believe a formal partnership with the city of San Juan Capistrano will benefit all parties involved. As a formal partner, we see the City of San Juan Capistrano contributing as follows: • Be an active participant in the setting of strategic goals for CHEC • Participate in the needs assessment in both the planning sessions and contributing resources to help cover the cost of the assessment • Participate in the regularly scheduled meetings of the partners • Ensure that the goals of the program are met • Provide leadership in CHEC's ongoing development. A Ministry of the Sisters of St. Joseph rAA 11 Thank you for your consideration of this statement of interest. We would be happy to discuss in more detail what a formal partnership would involve. Sincerely, 5;s&Y Sister Martha Ann Fitzpatrick Vice President, Sponsorship cc: Al King 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) ivir iv. sanjtiancapistrano. org Jean � iii I.JL Ll I @LAAAAIIRI • Isunlsw 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDLIN INTERIM CITY MANAGER NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL PAMELAGIBSON The City Council of San Juan Capistrano will meet at 7:00 p.m. on December 2, 2003 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. E4 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, December 1, 2003 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 Linda Evans, Community Services Manger. You may contact that staff member at (949) 443-6390 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanauancapistrano.oro. 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-aaendasasanivancapistano.org. M Mitzl OrtirY Deputy City Clerk cc: Zenalda Yolo, Catholic Charities of Orange County, Inc.*; Terry Shearman, South Orange Family Resorce Center*; Linda Evans, Community Services Manger * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future