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08-0506_MISSION HOSPITAL REGIONAL MEDICAL CENTER_License Agreement
0 0 LICENSE AGREEMENT This License Agreement is made this 6t" day of May, 2008, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and Mission Hospital Regional Medical Center, a California nonprofit public benefit corporation, hereinafter referred to as "MHRMC." RECITALS: WHEREAS, MHRMC is a non-profit organization dedicated to providing quality social and health services to a targeted population of San Juan Capistrano; and WHEREAS, MHRMC desires to utilize for a portion of the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex, located at 31411 La Matanza Street, Suite B for the purposes outlined below; and WHEREAS, City desires to make available such facility to MHRMC for such purposes under the terms and conditions set forth in this Agreement. NOW, THEREFORE, BE IT MUTUALLY AGREED BETWEEN CITY AND MHRMC AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to MHRMC for the purpose of allowing MHRMC to utilize Room #1 of the Lacouague Building for office space to provide social and health information services, in addition to holding small meetings. The portion of the Lacouague Building, which is the subject of this License grant, is specifically described in the Site Plan attached as Exhibits A-1 and A-2, and incorporated herein by reference. MHRMC is further entitled to make certain improvements as described in Exhibits A-1 and A-2. Any future improvements desired by Licensee not listed in Exhibits A-1 and A-2 must be submitted in writing to the City, and then approved, in writing, by the City, prior to any improvement being made. Section 2. Term of License. The term of this License shall be two (2) years from the effective date of this Agreement. In addition, MHRMC is hereby granted a 90 -day hold -over period with respect to the two (2) year term wherein MHRMC may remain upon the property for up to 90 days to accommodate any need MHRMC may have to transition to another property. The monthly reimbursement established in Section 3 below will be required during this hold -over period. Attachment 2 t 573887.1 0 9 Section 3. Maintenance. Repairs. and Improvements (a) Reimbursement for City Maintenance and Utilities. MHRMC shall reimburse City in the total amount of Three Hundred Ninety -Five Dollars ($395.00) per month. This amount includes a reimbursement for landscaping and building hardscape maintenance services provided by the City, in addition to reimbursing the City for electricity, water, and natural gas usage. This reimbursement shall be made payable to City on a quarterly basis. The check is to be made payable to the City of San Juan Capistrano. Payments shall be submitted directly to the Community Services Department. If the licensed premises are unusable due to damage or destruction, the license fee shall be abated until the use of the designated space is restored. (b) 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 Five Hundred Dollars ($500) has been established. Any damage resulting from use of this facility shall be corrected at MHRMC's expense. When vacating the premises, if MHRMC does not restore the premises to its original condition, the cost to restore the premises shall be deducted from this deposit. The City shall provide MHRMC with a written explanation of any deductions from the deposit and/or the refund of the deposit within thirty (30) days of MHRMC leaving the premises. In the event that the costs exceed the deposit, MHRMC shall be invoiced for the outstanding restoration costs. All monies remaining after restoration is completed shall be refunded to MHRMC. (c) 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, provided that the damage to be repaired has not been caused directly by MHRMC's use of the premises. City shall also accept responsibility for the following items: Exterior Painting Exterior Lighting Roofing Windows and Doors (excluding window treatment and screen doors) Exterior Wall Repair HVAC Plumbing (d) Custodial Responsibilities. MHRMC shall be responsible for all arrangements and costs to provide custodial service to Room #1. City shall be responsible for all arrangements to provide custodial service for the restrooms in the Lacouague Building, as well as for Meeting Room (Room #2). MHRMC and/or the custodial staff shall be responsible for placing rubbish in the locked dumpster located on site. MHRMC shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. (e) Tenant Improvements. MHRMC shall submit to the Community Services Department, in writing, any desired changes/improvements to Room #1 of the Lacouague Building. This shall include any modifications to existing walls, ceiling, 2 573887.1 0 0 windows, flooring, doors, lighting, interior, and exterior. MHRMC must receive written approval from City prior to making any improvements or modifications to the facility. All improvements and their maintenance shall be the financial responsibility of MHRMC. Furthermore, MHRMC shall restore said premises back to its original condition at the end or earlier termination of the Agreement, unless City provides written permission to leave the improvement in place. Section 4. Communications Utilities. Telephone/Television/Cable Television or Internet Services: Expenses related to any and all of these services are the sole responsibility of MHRMC. MHRMC 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, or removal appointments. Section 5. No License Consideration. Except for the reimbursement required under Section 3, MHRMC shall not be required to pay a license consideration for the privilege of utilizing property described in Exhibits A-1 and A-2. Section 6. Allowable Uses. MHRMC may not utilize the property for any use other than those specifically set forth in Exhibit B, attached hereto and incorporated herein by reference. Section 7. Use of Adjacent Meeting Room. MHRMC agrees and understands that City reserves the right to allow groups and individuals to utilize the adjacent Meeting Room #2. MHRMC shall submit a facility use application to the Community Services Department for use of the Meeting Room #2. MHRMC has permission to use this room only when in possession of an approved facility use application, with the exception for use of the room for staff lunch breaks and special projects. MHRMC staff may utilize Room #2 during their lunch break to sit, eat, and use the tables when needed to spread out their work on projects, as long as no other group or organization is utilizing the building. During the term of this Agreement, usage fees will be required when MHRMC requests use of City facilities other than Room #1. These usage fees shall be in accordance to the City's fee resolution schedule, which has been adopted by City Council action. MHRMC use of Room #2 shall be limited to a maximum of 20 people in attendance. Room #2 shall also be limited to the following uses: training, meetings, community classes and tutoring. All special events, community forums, health clinics, etc., conducted by MHRMC shall be conducted at an alternative location, offsite of the Old Fire Station Complex. Use of Room #2 by MHRMC shall be available between the hours of 9:00 a.m. and 8:30 p.m. 3 573887.1 0 0 Section S. 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 MHRMC's use of the premises. Section 9. Condition of Premises. MHRMC agrees to accept said facility in "as is" condition, and agrees to assume all further liability arising out of the condition of such facility. Section 10. Insurance/Indemnity. On or before beginning any of the services or work called for by any term of this Agreement, MHRMC, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. 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, MHRMC shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage. (b) Proof of Insurance Requirements/Endorsements. MHRMC shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of MHRMC, including the insured's general supervision of MHRMC; products and completed operations of MHRMC; or premises owned, occupied or used by MHRMC. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. (c) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, 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. Section 11. Conditions of Operation. A. The hours of operation for Room #1 shall be 8:00 am to 6:30 pm. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. 4 573887.1 0 0 B. MHRMC shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the licensed premises. C. MHRMC shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency. D. MHRMC 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. E. MHRMC shall submit a semi-annual performance report, due January 31 and July 31 each year to the Community Services Director in accordance to City Council Policy 014. The report shall include: 1. Disclosure of all activities MHRMC 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, or services consistent with this Agreement; 3. The city of residence of citizens receiving benefits from activities, including meetings, classes, events, or services consistent with this Agreement; 4. Description of any routine maintenance of the licensed premises; 5. Proof of MHRMC's continued non-profit status; 6. Information on the total revenue received by MHRMC during the reporting period, and disclosure of the sources of that revenue. F. Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for MHRMC. All parking shall be in the Old Fire Station Complex parking lot with overflow parking in the public parking lot at the corner of EI Horno and EI Camino Real. On -street parking on EI Horno and La Matanza is discouraged. G. MHRMC is responsible for all furniture, equipment, and supplies. All items brought in by MHRMC must be removed at the end of the term or earlier termination of this Agreement. H. City shall issue keys to the individuals whose names are provided by MHRMC; all keys must be signed-out in accordance with City procedure. When a person leaves MHRMC's program, MHRMC must return the key to City so that person's name can be removed from City records. MHRMC is not to re -issue any key to any other employee without the prior approval of the City. 5 573887.1 9 0 Section 12. 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 MHRMC 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 shall have the right to terminate this Agreement without cause by giving ninety (90) days advance written notice of termination to MHRMC. Section 13. 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 14. 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 Director City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 To Licensee: Peter Bastone, CEO Mission Hospital Regional Medical Center 27700 Medical Center Road Mission Viejo, CA 92691 With copy to: Property Management Department Mission Hospital Regional Medical Center 27800 Medical Center Road, Suite 256 Mission Viejo, CA 92691 Section 15. 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. 573887.1 11 0 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY C M MISSION HOSPITAL REGIONAL MEDICAL CENTER P". APPROVED AS TO FORM: WI 1 /L. /. IMIL • .. 577887.1 'eter F. Bastone, President and Chief xecutive Officer 0 10 n m LACOUAGUE BUILDING - LOUNGE M—M-A EXHIBIT A-1 • Lounge occupancr. .20 INniug' Room eecnpnnryt t3 $ooms avilitabit to: 6e reotld together or sepnrattfy, Lncoungito 00i141Vg$ IWoms I & z mw 10600 �c the pd Fao Session itaseadon Complex, hea8gwrtas lberthe c,q's Caam neehy 8atvioei Department, Built` inthe 7f)'s, these va:rmdo monis Can be used be manysi" together or tepantety. Tb# No kiealim In Whom ; makes Is idnal. ger mettiggs or events whore And writ be served. The con wunge, vNth its amftnable smerng, it lute right Pot huimuo Meetings. C1asYrs, tneetmys and asdal porches have been suecesSiilfy" cd in these roams. The lotmge, (boom I) is 1911 iq.ft. and measures 41' z 18'. nor Dining Room, (froom 2) is 885 sq. ft.. and measetew 24' x 42'. 11 LACOUAGUE BUILDING LAYOUT EXHIBIT A•2 • EXHIBIT "B" Allowable Uses MHRMC Lacouague Building, Room #1 Allowable Uses Include: C� • Administrative office hours shall be Monday - Friday, 8:00 am - 6:30 pm • There shall be a maximum of eight (8) work stations in this area • The maximum number of persons to be in Room #1 at any one time is fifteen (15) • Types of activities to take place at this site include: administrative/office functions, as well as providing assistance to families with information, referral, application assistance, and counseling services • Storage of equipment and supplies is permitted only within the interior of the office/storage area • MHRMC shall have access to adjacent restroom facilities • MHRMC shall not store items in any City refrigerator MHRMC may not utilize the property for any other uses than those specifically established in this Agreement. 8 5738871 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: IA(IAIIIAIiI ISIAILIS RED I 1961 1776 Peter F. Bastone Mission Hospital Regional Medical Center 27700 Medical Center Road Mission Viejo, CA 92691 DATE: May 14, 2008 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR LONDRES USO RE: License Agreement — Use of Portion of the Lacouague Building (CHEC) Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please contact me at (949) 443-6309. If you have questions concerning the agreement, please contact Karen Crocker, Community Services Director (949) 443-6389. An original agreement is enclosed for your records. Cc: Karen Crocker, Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future Pnnlea on 100% recycled paper 5/06/2008 SUPPLEMENTAL AGENDA REPORT G 1 a AGENDA ITEM GI -A TO: Dave Adams, City Manager"- FROM: anager FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of License Agreement Extension for Use of Portion of the Old Fire Station Complex (Mission Hospital Regional Medical Center— MHRMC)(Community Health Enrichment Collaborative—CHEC) RECOMMENDATION: By motion, approve an extension of the license agreement with Mission Hospital Regional Medical Center for a maximum of two years, with modifications, for continued reuse of the Old Fire Station Complex—Lacouague Building Room #1 in the amount of $4,740 per year. SITUATION: The attached memorandum was received from Lt. Betzler, and is in reference to paragraph 4 under the title of Factors of Consideration. Respectfully submitted, 4 , La, Karen Crocker Community Services Director Attachment: 1. Lt. Betzler Memorandum 0 0 SAN JUAN CAPISTRANO POLICE SERVICES INTER -OFFICE MEMORANDUM TO: Karen Crocker, Community Services Director FROM: Lieutenant M. Betzler, Chief of Police Services RE: CHEC DATE: Tuesday, May 5, 2008 Per your request we have researched calls for service and report calls related to the CHEC facilities located at 31411 La Matanza Street, San Juan Capistrano. Since 2000 only 20 calls for service have occurred at the above address. Only two calls resulted in crime reports none of which were related to CHEC. Only one of the 20 calls involved CHEC and was related to a deputy recently attending a meeting to address community concern regarding the facility and not directly related to the operation of CHEC. Calls for service and report calls were also researched for the El Homo, La Calera and La Matanza Streets to look for any crime trends associated with CHEC. No significant increase in calls or crime could be attributed to CHEC. Included below are report and call for service statistics for the streets mentioned. These statistics are for comparison purposes only and were drawn from Sheriff s Department Computer Assisted Dispatch records. There is some duplication of statistics where the intersection was given and no individual street could be identified as the primary location. Included in the "other" report category are warrant arrests, vehicle code violations and some municipal code violations. Statistics for 2008 include calls through the month of April. LI Total Calls for Service 24 24_ 313 21 1 Attachment 1 2005 2006 2007 2008 Report Calls Theft 1 1 Vandalism 1 1 1 Burglary 1 1 1 Assault Trespassing 1 Indecent Exposure 2 Domestic Violence Violation of Court Order 1 Threats Narcotic Violation 3 2 1 Medical Aid Hit and Run 1 Auto Theft Other 5 3 9 5 Total Calls for Service 24 24_ 313 21 1 Attachment 1 La Calera La matanza 2005 2006 2007 2008 Report Calls Theft 1 1 1 2 Vandalism 1 1 1 Burglary 1 1 Assault 1 Trespassing Indecent Exposure 1 Domestic Violence 1 Violation of Court Order 2 1 Threats 1 Narcotic Violation 3 3 1 Medical Aid 1 Hit and Run 1 2 Auto Theft 1 1 Other 4 3 11 2 Total Re ort Calls 11 9 14 6 Total Calls for Service 36 20 35 16 La matanza 2005 2006 2007 2008 Report Calls Theft 1 1 2 Vandalism 1 Burglary Assault Trespassing Indecent Exposure 1 Domestic Violence 1 Violation of Court Order Threats 1 Narcotic Violation Medical Aid 1 Hit and Run 1 2 Auto Theft Other 1 1 2 Total Report Calls 2 4 5 5 Total Calls for Service 13 21 19 16 E AGENDA REPORT TO: Dave Adams, City Manager 94"` • 5/6/2008 FROM: Karen Crocker, Community Services Director Gla SUBJECT: Consideration of License Agreement Extension for Use of Portion of the Old Fire Station Complex (Mission Hospital Regional Medical Center—MHRMC)(Community Health Enrichment Collaborative— CHEC) RECOMMENDATION: By motion, approve an extension of the license agreement with Mission Hospital Regional Medical Center for a maximum of two years, with modifications, for continued reuse of the Old Fire Station Complex—Lacouague Building Room #1 in the amount of $4,740 per year. SITUATION: A. Summary and Recommendation On April 18, 2006, the City of San Juan Capistrano entered into a two (2) year agreement for the use of a portion of the Old Fire Station Complex, with an option to extend, for an additional two (2) years, upon mutual written agreement of both parties (Attachment 1). The Mission Hospital Regional Medical Center (MHRMC) has requested that their use of the Lacouague Building, Room #1, which is located within the Old Fire Station Complex be extended for the purpose of the Community Health Enrichment Collaborative (CHEC). Staffs recommendation is to extend the agreement, with modifications to the existing agreement with MHRMC. It is recommended to make modifications to Section 7. Use of Adjacent Meeting Room and Section 11. Conditions of Operation (Attachment 2). B. Background CHEC has provided programs and services within the City of San Juan Capistrano since 1998 and moved into the current location, 31411 La Matanza Street, Suite B in 2006. Mission Hospital holds the lease agreement with the City of San Juan Capistrano for the administrative offices at the site. Previously, the center was in a building located on Paseo Adelanto, and then relocated to the Stone Field building. 0 0 Agenda Report Page 2 May 6, 2008 The location of CHEC at Stone Field was a suitable location due to pedestrian accessibility. Although the Stone Field building was a suitable location, the building was too small. The mission of the Community Health Enrichment Collaborative (CHEC) is to create a neighborhood -based health and social service system, strengthened by linkages with local institutions, and guided by residents and community need which contributes to the physical, spiritual, emotional and economic health of low income San Juan Capistrano residents. Programs and services have been developed to provide families with education, support and resources to help families grow and thrive. All partners of CHEC are not-for-profit organizations and include Mission Hospital, Mission Basilica San Juan Capistrano, the City of San Juan Capistrano, the Raise Foundation, Community Services Programs, Inc. (CSP), 2-1-1 Orange County and the Social Services Agency for Orange County. The following are services that are being currently provided: Health Insurance and Education • Application assistance for Medi -Cal, Healthy Families, Food Stamps and other available programs • Referrals for immunizations, developmental screenings • Health education classes and screenings on a variety of topics (e.g., nutrition, diabetes, cholesterol) • Health fairs Limited nurse case management services available CPR & First Aid classes Education Assistance • Assistance with navigating the school system • Tutoring program (Homework Club -ages 5-12) • Spanish and English literacy classes (Partnership with Capistrano Unified School District) Groups & Workshops • Women's Support Group • Mentoring Moms • Keeping the Peace at Home • Problem Solving & Conflict Resolution for Youth • Anger Management • Parenting Your Youth • Managing Depression 0 0 Agenda Report Page 3 May 6, 2008 Guidance and Mental Health Support Brief, individual, couples and/or family counseling is offered in English and Spanish. Our mental health providers and educators are available to schools and community groups for educational presentations in English and Spanish. Additionally, guidance is offered to families with youth and teens who are at risk for gang involvement, school dropout, or substance use. Senior Services • Senior support group • Outreach and In -Home visitation • Quarterly Senior Breakfast • Information and Resource Referrals • Counseling Additional Services • Comprehensive information and referral services • Volunteer opportunities • Service Learning Projects for Youth Mission Hospital, as a non-profit organization, has a legal obligation under SB 697 to conduct a health needs assessment every three (3) years and to develop and report annually to the Office for Statewide Health Planning and Development (OSHPD) concerning the hospital meeting those needs identified. During the health needs assessment process, areas of San Juan Capistrano have been identified as high need. A map identifying the high needs is attached (Attachment 3). The 2008 PRC Community Health Assessment document is also available for interested parties to review at the City Clerk's office at San Juan Capistrano City Hall. The health needs assessment has been an instrumental tool for the City in identifying the needs of our residents. The CHEC partnership is a way to provide services to our residents as part of the needs assessment process. Factors of Consideration: The Old Fire Station Complex was purchased from the County of Orange in 1994, at below market value, with a deed restriction that the property is to provide a community services center for and on behalf of the citizens of Orange County (Attachment 4). There is also a stipulation regarding leasing of the facility; therefore, the City is charging a maintenance fee to organizations that have a license agreement with the City for the use of the property. The maintenance fee is $395/month, which is based on the amount of the $.50/sq. footage CHEC is utilizing. In addition to the use of Room #1 for administrative offices, CHEC also utilizes Room #2 through a separate facility use application process that all facility renters 0 0 Agenda Report Page 4 May 6, 2008 use. CHEC through MHRMC has permission to use Room #2 only when in possession of an approved facility use application. Some residents on La Matanza and EI Horno streets, which are adjacent to the Old Fire Station Complex, have expressed their dissatisfaction with the City allowing the CHEC collaborative to be located in a residential community. Staff has met with the residents on numerous occasions to try to mitigate their concerns and issues. The issues that have been presented to staff have been an increase of parking issues, traffic, trash, unsupervised children, strangers and crime in the neighborhood. The majority of residents utilizing the services of CHEC walk to and from the Old Fire Station Complex. Attached are the semi-annual performance reports that have been submitted by CHEC in accordance to their current agreement (Attachment 5). Staff has been monitoring the facility for the past few months on different days and times, and the observation has been very few people on site utilizing services. There was an incident in December 2007, where there was a "Toys for Tots" event and there was an increase of people attending the building for that particular event. Lt. Betzler, Police Services, San Juan Capistrano, has reviewed crime statistics for the period of 2006-2008 and the reports do not show an increase of crime in the neighborhood since CHEC has been utilizing the Old Fire Station Complex. To address the residents' concerns, staff is recommending to amend Sections 7 and 11 in the current agreement. Modifications to Section 7 have been to limit the number of attendees to a maximum of 20, for the use of Room #2 and to discourage on -street parking in Section 11. In addition, special events such as the "Toys for Tots" program, Community Forums, and Health Fairs be conducted at an off-site location to prevent large groups of people impacting the complex. Concerning the strangers in the neighborhood, that is a challenge to mitigate since the Old Fire Station Complex has been a public building for 25+ years; therefore, as a public building, it is difficult to control who accesses services or general information. Previously it was the home for the City's Community Services Department prior to the new Community Center being constructed, then the YMCA ran their operation out of the complex and currently the Chamber of Commerce and Juaneno Band of Indians utilize space at the facility for their operations through a license agreement. In addition to these uses, there are youth and senior classes, various rentals for groups utilizing the complex such as HOA's, local churches, the Fiesta Association, American Legion and Veterans of Foreign War. COMMISSION/BOARD REVIEW, RECOMMENDATION: This item was presented to the Parks, Recreation and Equestrian Commission at their meeting on April 21, 2008. The Commission voted 3-1 to forward to City Council a recommendation of approval for this agreement. 0 0 Agenda Report Page 5 May 6, 2008 FINANCIAL CONSIDERATIONS: As specified in the current license agreement, MHRMC will be responsible for a monthly reimbursement of $395, to be payable on a quarterly basis. NOTIFICATION: Ms. Cindy Mueller, Vice President of Mission Integration* Ms. Jennifer Dinicola, Director, South Orange County Family Resource Center, Mission Hospital* Mr. Peter Bastone, CEO, Mission Hospital Regional Medical Center* Mr. Anthony Rivera, Juaneno Band of Mission Indians, Acjachemen Nation* * Mailed copy of agenda report Notification regarding this item has been mailed to 56 neighborhood residents and property owners in the proximity of the Old Fire Station Recreation Complex by the Community Services Department. RECOMMENDATION: By motion, approve an extension of the license agreement with Mission Hospital Regional Medical Center for a maximum of two years, with modifications, for continued reuse of the Old Fire Station Complex—Lacouague Building Room #1 in the amount of $4,740 per year. Respectfully submitted, Karen Crocker Community Services Director Attachments: 1. License Agreement of April 2006 2. Proposed License Agreement Extension 3. High Needs Map 4. Agreement for Purchase 1994 5. Semi -Annual Performance Reports 6. Location Map The 2008 PRC Community Health Assessment document is also available for interested parties to review at the City Clerk's office at San Juan Capistrano City Hall LICENSE AGREEMENT This License Agreement is made this _day of , 2006, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and Mission Hospital Regional Medical Center, a California nonprofit public benefit corporation, hereinafter referred to as "MHRMC. RECITALS: WHEREAS, MHRMC is a non-profit organization dedicated to providing quality social and health services to a targeted population of San Juan Capistrano; and WHEREAS, MHRMC desires to utilize for administrative office purposes a portion of the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex, located at 31411 La Matanza Street, Suite B; and WHEREAS, City desires to make available such facility to MHRMC 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 MHRMC AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to MHRMC for the purpose of allowing MHRMC to utilize Room #1 of the Lacouague Building for office space to provide social and health services, in addition to holding small meetings. The portion of the Lacouague Building, which is the subject of this License grant, is specifically described in the Site Plan attached as Exhibits, and incorporated herein by reference. MHRMC is further entitled to make certain improvements as described in Exhibit. Any future improvements desired by Licensee not listed in Exhibit must be submitted in writing to the City, and then approved, in writing, by the City, prior to any improvement beginning. Section 2. Term of License. The term of this License shall be two (2) years from the effective date of this Agreement. The Agreement may be extended for up to a maximum of two (2) an additional years, upon the mutual written agreement of both parties. In addition, MHRMC is hereby granted a 90 -day hold -over period with respect to the two (2) year term wherein MHRMC may remain upon the property for up to 90 days to accommodate any need -1- ATTACHMENT 1 MHRMC may have to transition to another property. The monthly reimbursement will be required during this hold -over period. Section 3. Maintenance. Repairs, and Improvements (a) Reimbursement for City Maintenance and Utilities MHRMC shall reimburse City in the total amount of Three Hundred Ninety -Five Dollars ($395.00) per month. This amount will include a reimbursement for landscaping and building hardscape maintenance services provided by the City, in addition to reimbursing the City for electricity, water, and natural gas usage. This reimbursement shall be made payable to City on a quarterly basis. The check is to be made payable to the City of San Juan Capistrano. Payments shall be submitted directly to the Community Services Department. If the premises are unusable due to damage or destruction, the license fee shall be abated until the use of the designated space is restored. (b) 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 MHRMC's expense. When vacating the premises, if MHRMC does not restore the premises to its original condition, the cost to restore the premises shall be deducted from this deposit. The City shall provide MHRMC with a written explanation of any deductions from the deposit and/or the refund of the deposit within thirty (30) days of MHRMC leaving the premises. In the event that the costs exceed the deposit, MHRMC shall be invoiced for the outstanding restoration costs. All monies remaining after restoration is completed shall be refunded to MHRMC. (c) 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 MHRMC's use of the premises.. City shall also accept responsibility for the following items: Exterior Painting Exterior Lighting Root=ing Windows and Doors (excluding window treatment and screen doors) Exterior Wall Repair HVAC Plumbing (d) Custodial Responsibilities. MHRMC shall be responsible for all arrangements and costs to provide custodial service to Room #1. City shall be responsible for all arrangements to provide custodial service for the restrooms in the Lacouague Building, as well as for Meeting Room (Room #2). MHRMC and/or the custodial staff shall be responsible for placing rubbish in the locked dumpster located on site. They shall further be responsible for locking that dumpster after each use. This dumpster is to be -2- kept locked at all times when not in use. (e) Tenant Improvements. MHRMC shall submit to the Community Services Department, in writing, any desired changes/improvements to Room #1 of the Lacouague Building. This shall include any modifications to existing walls, ceiling, windows, flooring, doors, lighting, interior, and exterior. MHRMC must receive written approval from City prior to making any improvements or modifications to the facility. All improvements and their maintenance shall be the financial responsibility of MHRMC. Furthermore, MHRMC shall restore said premises back to its original condition at the end of the Agreement, unless City provides written permission to leave improvement in place. Section 4. Utilities. MHRMC shall be responsible for the cost of all utility services required in conducting business within the building space authorized under this Agreement. City shall not require sub -metering of authorized area and will establish a utility reimbursement formula based on MHRMC's allocation of square footage occupied. Telephone/Television/Cable Television or Internet Services: Expenses related to any and all of these services are the sole responsibility of MHRMC. MHRMC 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, or removal appointments. Section 5, No License Consideration. MHRMC shall not be required to pay a license consideration for the privilege of utilizing property described in Exhibit. Section 6. Allowable Uses. MHRMC may not utilize the property for any other uses that those specifically set forth in Exhibit, attached and incorporated herein by reference. Section 7. Use of Adjacent Meeting Room. MHRMC agrees and understands that City reserves the right to allow groups and individuals to utilize the adjacent meeting room. MHRMC shall submit a facility use application to the Community Services Department for use of the Meeting Room (Room 2). MHRMC has permission to use this room only when in possession of an approved facility use application. During the term of this agreement, usage fees will be required when MHRMC requests use of City facilities other than Room #1. These usage fees shall be as follows during the term of this agreement: Lacouague Building Room #2: $12 per hour. MHRMC's use of other City facilities shall be charged at the non-profit rate listed in the -3- 0 City's fee resolution schedule, which has been adopted by City Council action. 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 MHRMC's use of the premises. Section 9. Condition of Premises. MHRMC agrees to accept said facility in "as is" condition, and agrees to assume all further liability arising out of the condition of such facility. Section 10. Insurance/Indemnity. (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. MHRMC 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 Cancellationfrermination 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. MHRMC agrees to protect, defend, and hold harmless City, its elected and appointed officials, and employees from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys' fees, for damages to property, injuries or death of any persons arising out of MHRMC's use of said facility under the terms and conditions of this Agreement. -4- Section 11. Conditions of Operation. A. The hours of operation shall be 8:00 am to 6:30 pm. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. B. MHRMC 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. MHRMC shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency. D. MHRMC 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. E. MHRMC shall submit a semi-annual performance report, due January 31 and July 31 each year to the Community Services Director in accordance to City Council Policy 014. The report shall include: 1. Disclosure of all activities MHRMC 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 MHRMC's continued non-profit status; 6. Information on the total revenue received by MHRMC during the reporting period, and disclosure of the sources of that revenue. F. Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for MHRMC. G. Restrooms are to be kept locked when not in use. MHRMC must ensure restroom is locked after each usage and at the close of business daily, as well as after special usage at times other than during the regular business day. H. MHRMC is responsible for all furniture, equipment, and supplies for this space usage. All items brought in by MHRMC must be removed at the end -5- 0 0 of the term of the agreement. City does not grant permission for items to be left in the facility once the term of the agreement ends. City shall issue keys to the individuals whose names are provided by MHRMC; all keys must be signed-out in accordance with City procedure. When a person leaves MHRMC's program, MHRMC must return the key to City so that person's name can be removed from City records. MHRMC is not to re -issue any key to another employee. Section 12. 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 MHRMC 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 MHRMC 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, MHRMC 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 MHRMC. MHRMC shall restore the property to its original condition without any cost to City. Section 13. 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 14. 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 Director City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 -6- 0 9 To Licensee: Peter Bastone, CEO Mission Hospital Regional Medical Center 27700 Medical Center Road Mission Viejo, CA 92691 With copy to: Property Management Department Mission Hospital Regional Medical Center 27600 Medical Center Road, Suite 256 Mission Viejo, CA 92691 (a) 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. ATTEST: Meg Monahan, City Clerk APPROVED AS O FORM: John R. w, City Attorney CITY OF SAN JUAN CAPISTRANO A David M. Swerdlin, Mayor MISSIOCG�G� RE L MEDICAL CENTER By: Peter F. Bastone, President and Chief Executive Officer -7- n LACOUAGUE BUILDING - LOUNGE EXHIBIT A-1 • 0 Lounge acamstaseryt 10 01niug.Raom.acuMmmeys 97 Rooms available to he Meted together or separately: Lacoemgno 90116 Rdbma 1 & 2 ur maistedt Ate Old Phe SUsion Rec Mali n Complex, heat3t UMM aw the Gty's Community aw%iotl Department. builr in the TING these varsatoa ruoma cess he used is tttiuty vmW tagcmor m laptupsety. ThgSillI ttthm.ie ILtsom g woke t it i"d Sir meetings or comms whom Auto YAM be served. The cosy lounge, %itis its =Mftr1ebk seanetg, is just right fW intimete gteetiegs. CIA00 , meeatn8: and asualWag neva beast svcdcszNify, 6d It these rooms. fie lounge. (ILoom 1) is 790 sqA. ani measures, 43' x IS'. Th, Dining Room, (Room 2) is 985 sq. fl.. sntl measure; 24' x s,2'. LACOUAO,UE BUILDING LAYOUT EXHIBIT M EXHIBIT "B" Allowable Uses MHRMC Lacouague Building, Room #3 Allowable Uses Include: • • Administrative office hours shall be Monday - Friday, 8:00 am - 6:30 pm • There shall be a maximum of eight (8) work stations in this area • The maximum number of persons to be in this area at any one time is fifteen (15) • Types of activities to take place at this site include: administrative/office functions, as well as providing assistance to families with information, referral, application assistance, and counseling services • Storage of equipment and supplies is permitted only within the interior of the office/storage area • MHRMC shall have access to adjacent restroom facilities; will be responsible for keeping said restrooms locked • MHRMC shall submit a facility use application, in advance, each time MHRMC would like use of the Meeting Room (Room #2), or any other City facility • MHRMC shall not store items in any City refrigerator MHRMC may not utilize the property for any other uses than those specifically established in this agreement • EXHIBIT "C" Proposed Tenant Improvements Proposed Tenant Improvements Include': Exterior signage Temporary interior walls Replace carpet Interior paint Replace interior light fixtures Replace interior window treatment Scrape popcorn ceiling E " City to approve each improvement specifically prior to work beginning Note: MHRMC will be responsible for the purchasing, installation, upkeep, repairs, and removal/restoration associated with all City -approved tenant improvements: MHRMC shall be responsible for opening/closing facility for installation, repairs, and/or removal of these services. City staff will NOT meet vendor(s) for delivery, installation, repair, or removal appointments. 0 0 LICENSE AGREEMENT This License Agreement is made this 6`h day of May, 2008, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and Mission Hospital Regional Medical Center, a California nonprofit public benefit corporation, hereinafter referred to as "MHRMC." RECITALS: WHEREAS, MHRMC is a non-profit organization dedicated to providing quality social and health services to a targeted population of San Juan Capistrano; and WHEREAS, MHRMC desires to utilize for a portion of the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex, located at 31411 La Matanza Street, Suite B for the purposes outlined below; and WHEREAS, City desires to make available such facility to MHRMC for such purposes under the terms and conditions set forth in this Agreement. NOW, THEREFORE, BE IT MUTUALLY AGREED BETWEEN CITY AND MHRMC AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to MHRMC for the purpose of allowing MHRMC to utilize Room #1 of the Lacouague Building for office space to provide social and health information services, in addition to holding small meetings. The portion of the Lacouague Building, which is the subject of this License grant, is specifically described in the Site Plan attached as Exhibits A-1 and A-2, and incorporated herein by reference. MHRMC is further entitled to make certain improvements as described in Exhibits A-1 and A-2. Any future improvements desired by Licensee not listed in Exhibits A-1 and A-2 must be submitted in writing to the City, and then approved, in writing, by the City, prior to any improvement being made. Section 2. Term of License. The term of this License shall be two (2) years from the effective date of this Agreement. In addition, MHRMC is hereby granted a 90 -day hold -over period with respect to the two (2) year term wherein MHRMC may remain upon the property for up to 90 days to accommodate any need MHRMC may have to transition to another property. The monthly reimbursement established in Section 3 below will be required during this hold -over period. Attachment 2 5]3887.1 0 0 Section 3. Maintenance, Repairs, and Improvements (a) Reimbursement for City Maintenance and Utilities. MHRMC shall reimburse City in the total amount of Three Hundred Ninety -Five Dollars ($395.00) per month. This amount includes a reimbursement for landscaping and building hardscape maintenance services provided by the City, in addition to reimbursing the City for electricity, water, and natural gas usage. This reimbursement shall be made payable to City on a quarterly basis. The check is to be made payable to the City of San Juan Capistrano. Payments shall be submitted directly to the Community Services Department. If the licensed premises are unusable due to damage or destruction, the license fee shall be abated until the use of the designated space is restored. (b) 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 Five Hundred Dollars ($500) has been established. Any damage resulting from use of this facility shall be corrected at MHRMC's expense. When vacating the premises, if MHRMC does not restore the premises to its original condition, the cost to restore the premises shall be deducted from this deposit. The City shall provide MHRMC with a written explanation of any deductions from the deposit and/or the refund of the deposit within thirty (30) days of MHRMC leaving the premises. In the event that the costs exceed the deposit, MHRMC shall be invoiced for the outstanding restoration costs. All monies remaining after restoration is completed shall be refunded to MHRMC. (c) 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, provided that the damage to be repaired has not been caused directly by MHRMC's use of the premises. City shall also accept responsibility for the following items: Exterior Painting Exterior Lighting Roofing Windows and Doors (excluding window treatment and screen doors) Exterior Wall Repair HVAC Plumbing (d) Custodial Responsibilities. MHRMC shall be responsible for all arrangements and costs to provide custodial service to Room #1. City shall be responsible for all arrangements to provide custodial service for the restrooms in the Lacouague Building, as well as for Meeting Room (Room #2). MHRMC and/or the custodial staff shall be responsible for placing rubbish in the locked dumpster located on site. MHRMC shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. (e) Tenant Improvements. MHRMC shall submit to the Community Services Department, in writing, any desired changes/improvements to Room #1 of the Lacouague Building. This shall include any modifications to existing walls, ceiling, 2 573887 0 0 windows, flooring, doors, lighting, interior, and exterior. MHRMC must receive written approval from City prior to making any improvements or modifications to the facility. All improvements and their maintenance shall be the financial responsibility of MHRMC. Furthermore, MHRMC shall restore said premises back to its original condition at the end or earlier termination of the Agreement, unless City provides written permission to leave the improvement in place. Section 4. Communications Utilities. Telephone/Television/Cable Television or Internet Services: Expenses related to any and all of these services are the sole responsibility of MHRMC. MHRMC 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, or removal appointments. Section 5. No License Consideration. Except for the reimbursement required under Section 3, MHRMC shall not be required to pay a license consideration for the privilege of utilizing property described in Exhibits A-1 and A-2. Section 6. Allowable Uses. MHRMC may not utilize the property for any use other than those specifically set forth in Exhibit B, attached hereto and incorporated herein by reference. Section 7. Use of Adjacent Meeting Room. MHRMC agrees and understands that City reserves the right to allow groups and individuals to utilize the adjacent Meeting Room #2. MHRMC shall submit a facility use application to the Community Services Department for use of the Meeting Room #2. MHRMC has permission to use this room only when in possession of an approved facility use application, with the exception for use of the room for staff lunch breaks and special projects. MHRMC staff may utilize Room #2 during their lunch break to sit, eat, and use the tables when needed to spread out their work on projects, as long as no other group or organization is utilizing the building. During the term of this Agreement, usage fees will be required when MHRMC requests use of City facilities other than Room #1. These usage fees shall be in accordance to the City's fee resolution schedule, which has been adopted by City Council action. MHRMC use of Room #2 shall be limited to a maximum of 20 people in attendance. Room #2 shall also be limited to the following uses: training, meetings, community classes and tutoring. All special events, community forums, health clinics, etc., conducted by MHRMC shall be conducted at an alternative location, offsite of the Old Fire Station Complex. Use of Room #2 by MHRMC shall be available between the hours of 9:00 a.m. and 8:30 p.m. 3 573887.1 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 MHRMC's use of the premises. Section 9. Condition of Premises. MHRMC agrees to accept said facility in "as is" condition, and agrees to assume all further liability arising out of the condition of such facility. Section 10. Insurance/Indemnity. On or before beginning any of the services or work called for by any term of this Agreement, MHRMC, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. 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, MHRMC shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage. (b) Proof of Insurance Reguirements/Endorsements. MHRMC shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of MHRMC, including the insured's general supervision of MHRMC; products and completed operations of MHRMC; or premises owned, occupied or used by MHRMC. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. (c) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, 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. Section 11. Conditions of Operation. A. The hours of operation for Room #1 shall be 8:00 am to 6:30 pm. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. 4 573887.1 0 0 B. MHRMC shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the licensed premises. C. MHRMC shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency. D. MHRMC 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. E. MHRMC shall submit a semi-annual performance report, due January 31 and July 31 each year to the Community Services Director in accordance to City Council Policy 014. The report shall include: 1. Disclosure of all activities MHRMC 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, or services consistent with this Agreement; 3. The city of residence of citizens receiving benefits from activities, including meetings, classes, events, or services consistent with this Agreement; 4. Description of any routine maintenance of the licensed premises; 5. Proof of MHRMC's continued non-profit status; 6. Information on the total revenue received by MHRMC during the reporting period, and disclosure of the sources of that revenue. F. Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for MHRMC. All parking shall be in the Old Fire Station Complex parking lot with overflow parking in the public parking lot at the corner of EI Horno and EI Camino Real. On -street parking on EI Horno and La Matanza is discouraged. G. MHRMC is responsible for all furniture, equipment, and supplies. All items brought in by MHRMC must be removed at the end of the term or earlier termination of this Agreement. H. City shall issue keys to the individuals whose names are provided by MHRMC; all keys must be signed-out in accordance with City procedure. When a person leaves MHRMC's program, MHRMC must return the key to City so that person's name can be removed from City records. MHRMC is not to re -issue any key to any other employee without the prior approval of the City. 5 573887.1 n U Section 12. 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 MHRMC 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 shall have the right to terminate this Agreement without cause by giving ninety (90) days advance written notice of termination to MHRMC. Section 13. 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 14. 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 Director City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 To Licensee: Peter Bastone, CEO Mission Hospital Regional Medical Center 27700 Medical Center Road Mission Viejo, CA 92691 With copy to: Property Management Department Mission Hospital Regional Medical Center 27800 Medical Center Road, Suite 256 Mission Viejo, CA 92691 Section 15. 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 5718R21 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF SAN JUAN CAPISTRANO 13 Joe Soto, Mayor MISSION HOSPITAL REGIONAL MEDICAL CENTER la ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney i?1oLI Peter F. Bastone, President and Chief Executive Officer 0 0 LACOUAGUE BUILDING - LOUNGE Exhibit A- 0 Lounge oeaopmters .20 Main% Room occupancys til Rooms aveinable to he "Wild together er sepnrritely, LncapAgue WWI'j� Rooms 1 & 2 arc lauted at the Old Fre 9lahion Rearadan Complex, headquarters fbr the City's Community 8arviees Department. S ui In the AN these versatile moms can be used in many ways tdgesher or sels"arely. The tiro Idtr9teain Room } (rakes it IdedI& meetings or ovema where fund will be served. The Cory lounge, Wath its Colnfarrable seating; is just right for intimate meetings. Clasatss, mcesmgs and 046al pariies have been successfully held In these moms. The lounge, (Room 1) is 7.913 sq,ft. and measures 43' x IT The Dining Room, lRoom 2) is 985 sq. ft. Intl measures 29' X 02'. .• LACOUAGUE BUILDING LAYOUT EXHIBIT A•2 EXHIBIT "B" Allowable Uses MHRMC Lacouague Building, Room #1 Allowable Uses Include: • Administrative office hours shall be Monday - Friday, 8:00 am - 6:30 pm • There shall be a maximum of eight (8) work stations in this area • The maximum number of persons to be in Room #1 at any one time is fifteen (15) • Types of activities to take place at this site include: administrative/office functions, as well as providing assistance to families with information, referral, application assistance, and counseling services • Storage of equipment and supplies is permitted only within the interior of the office/storage area MHRMC shall have access to adjacent restroom facilities • MHRMC shall not store items in any City refrigerator MHRMC may not utilize the property for any other uses than those specifically established in this Agreement. P] 573889.1 Exhibit B r w - a • I A w v r� ; I-. F� y 14ft E�' tJ ti v L - 1 NC) N jj�f�I�Qj � a kt u e 3w. „ Z rn Z y ^^ii • - � i v�' v i � • 1 ,z a�2 x�-,fig I , M, �, L , I • � S Df3 V E ) 1 S �NbC &iV I w - a I A w v r� � \ ti n 1--u K.r'ilti F� y 14ft E�' tJ ti L - 1 NC) N jj�f�I�Qj � a kt u w - a ATTACHMENT I A w v r� F� y E�' tJ ti L - 1 NC) N jj�f�I�Qj G1 a U e ATTACHMENT I A w v r� r E�' tJ ti L - 1 NC) i jj�f�I�Qj I r. a z I 3w. „ Z rn Z y ATTACHMENT z a z Z rn Z y I � ATTACHMENT 0 0 AGENDA ITEM August 2, 1994 TO: George Scarborough, City Manager FROM: Cynthia L. Pendleton, Director of Administrative Services SUBJECT: Agreement for the Purchase of Real Property 31411 La Matanza PM 801-4 Commonly Referred to as the Old San Juan Capistrano Fire Station Site 0404[161UVIMN�* By motion, approve the offer and Agreement for Sale of Real Property as prepared for the subject property and authorize execution of the attached purchase agreement. In 1982 the City entered into a ten (10) year lease agreement, at one dollar ($1.00) per year, with the County of Orange for the Old Fire Station Site. Since that time, the City has operated its Community Services programs on the site. The programs include the Senior Nutrition Program, various senior activities, youth and adult classes, community meetings and the administrative functions of the Community Services Department. In response to the current fiscal situation, the County of Orange is reviewing the continuation of these types of leases. The County has notified the City that their asset management policies require them to renegotiate leases of this type in order to begin to receive a fair market return on the property. The County has asked the City to consider the purchase of the site under the following terms: Sale Price $265,000 Financing 30 years at 8% APR Payments $1,944.47 per month Terms No pre -payment penalty Restriction The County to receive 80% of all future commercial proceeds if the City develops the property as such Staff believes the County's terms are fair and reasonable, that the deed restriction will not encumber our use of the site and that the purchase will afford the City better utilization of the facilities on the site. FOR CRY COUNCIL AGEN E ------ -- ATTACHMENT 4 AGENDAITEM • -2- • August 2, 1994 Wei uul OM .10MM 91RA avi RM 0 W610MOV N oe S� N/A The total cost to lease a facility of this size could be as much as $75,000 annually at fair market price. The total annual cost of this project is $23,333.64. This amount has been included in the FY 1994-95 budget and the future year budgets. Purchasing this facility under the proposed terms provides a lesser cost to the City than would be experienced in the open market and the inclusion of a no pre -payment penalty clause allows the opportunity for a pay off of the agreement should funds become available at some future date. The proposed agreement stipulates that the City will pay 100% of title insurance and escrow costs in conjunction with this purchase and they are as follows: Title Insurance $1,059.00 Escrow Fees $1,112,00 Total $2,171.00 Required public notification has occurred, including posting and newspaper publication. V1 IM�Iti�/r1Y97sI�Ll[)�� 1. Approve the purchase agreement. 2. Do not approve the purchase agreement. 3. Request :further information from staff. MK • il� M Q By motion, approve the Offer and Agreement for Sale of Real Property as prepared for the subject property and authorize execution of the attached purchase agreement. Respectfully submitte aced y: *'aL. Pendleton Mary Laub CLP:ML/ja Attachment 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 0 PM 801-7 Old San Juan Capistrano Fire Station 0. OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY THIS OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY is made J l3 , 1994 by and between the County of Orange hereinafter referred to as "COUNTY," and the City of San Juan Capistrano hereinafter referred to as "CITY." RECITALS A. COUNTY owns the real property, hereinafter referred to as the "Property," described in Exhibit A and shown on Exhibit B, both attached hereto and made a part hereof. B. COUNTY currently leases the Property to CITY for use as a Community Services Center. C. CITY wishes to purchase the Property from COUNTY for continuation of said use and has offered to purchase said Property from COUNTY for Two Hundred Sixty -Five Thousand Dollars ($265,000) which amount is hereinafter referred to as "Purchase Price." D. COUNTY is willing to sell the Property to CITY for said Purchase Price subject to its continued use as a Community Services Center and subject to the terms and conditions of this Offer and Agreement to Purchase Real Property, hereinafter referred to as "AGREEMENT." NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained COUNTY and CITY agree as follows: COUNTY: i a. Accepts CITY's offer to purchase the subject Property for Two Hundred Sixty -Five Thousand Dollars ($265,000); b. Shall execute and acknowledge a Quitclaim Deed in the form of Exhibit A attached, conveying title to the Property to CITY; C. Shall deliver this executed AGREEMENT to First American Title Insurance Company (hereinafter referred to as "Escrow Holder") and open an escrow. However, CITY hereby agrees that COUNTY's Director, GSA/Real Estate, or designee, (hereinafter referred to as "Director") may unilaterally open escrow at such escrow company, other than noted herein, as may be necessary to carry out the terms of this AGREEMENT. This executed AGREEMENT shall constitute the escrow instructions to the Escrow Holder together with the General Provisions attached hereto as Exhibit E. COUNTY's Director is designated to unilaterally commence and coordinate this Escrow with the Escrow Holder. Any required amendments or supplements to the escrow which become necessary to carry out the terms of this AGREEMENT must be executed by the COUNTY's Director, or designee. )LG:km 8093-1 7-12-94 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201 21 22 23 24 25 26 I 27 28 0 0 For purposes of this AGREEMENT, "close of escrow" means the date the deed(s) and other documents are recorded in the Office.of the County Recorder. d. Shall deliver the executed Quitclaim Deed to said Escrow Holder within ten days after the date of this agreement; e. Makes no warranties or representations whatsoever with regard to the quality of the title to the Property; and f. Shall provide no title insurance in this transaction. 2. CITY: a. Shall, in consideration of the transfer of Property by COUNTY to CITY, deliver to Escrow Holder, within five days after execution of this Agreement by COUNTY, a properly executed Note in the principal sum of Two Hundred Sixty -Five Thousand Dollars ($265,000) in the form of Exhibit C attached hereto. b. Shall, as security for the payment of the above -stated sum, deliver to Escrow Holder a properly executed Deed of Trust in the form of Exhibit D attached hereto within five days after execution of this Agreement by COUNTY. C. Shall pay escrow and recording fees incurred in this transaction and the premium charged for title insurance, if such insurance is desired by CITY. d. Shall accept title to the Property "as is" subject to all matters affecting the property whether recorded or unrecorded; e. Shall restrict use of the Property to providing a community services center for and on behalf of the citizens of Orange County. 3. CITY understands and agrees that the Purchase Price for the property is below fair market value, and that COUNTY has accepted said Purchase Price in consideration of CITY's restricting the use of the Property to a community services center. CITY and COUNTY agree that in the event the subject property, or any portion thereof, is subsequently sold or leased by CITY, CITY shall pay to COUNTY an amount equal to 80% of the sales price or 80% of the rent due under the lease. 4. It is hereby agreed by CITY and COUNTY that the lease between the parties dated June 2, 1982 is hereby terminated. 5. All documents, correspondence, and communications concerning this transaction shall be directed as follows: TO: CCITT XG-1= 8093-2 7-12-94 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: COUNTY County of Orange GSA/Real Estate 14 Civic Center Plaza Santa Ana, CA 92701 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. This agreement includes the following, which are attached hereto and made a part hereof: EXHIBIT A - QUITCLAIM DEED EXHIBIT B - MAP EXHIBIT C - NOTE EXHIBIT D - DEED OF TRUST EXHIBIT E - GENERAL PROVISIONS DLG:Imn 3093-3 7-12-94 u 1 2 3 4 5 6 7 8 9 10 11 12 16 17 18 19 20 21 22 23 all 25 26 27 28 IICITY hereby submits this offer with full knowledge of the terms and conditions contained herein. COUNTY has considered and accepts this offer. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD PHYLLIS A. HENDERSON SEP 13 1994 Cler of the Board of Supervisors APPROVED AS TO FORM: County Counsel By y Date: RECOMMENDED FOR APPROVAL:/ General Services Agency Real 'Estate By: Ce�� DLG:I= 8093-4 7-12-94 n CITY CITY OF SAN UAN CAPI TRANO BY AAy 8,7,y By COUNTY COUNTY OF ORANGE By: Chairman, Board of 5 perviso s Date: SEP 13 1994 0 RECORDED AT REQUEST OF: WHEN RECORDED MAIL TO: COUNTY OF ORANGE GENERAL SERVICES AGENCY REAL ESTATE 14 CIVIC CENTER PLAZA, 3RD FLOOR SANTA ANA, CALIFORNIA 92701 ATTN: SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX A. P. NO: By Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. UNINCORPORATED AREA X INCORPORATED, CITY OF San Juan Capistrano Project/Parcel No: PM801-7 Project: Old San Juan Capistrano Fire Station QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUNTY OF ORANGE do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to all RIGHT, TITLE, and INTEREST in and to the real property in the County of Orange, State of California, described as: (See Page 2.) I MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT A DLG:km:jeh 827 1038• T(; h 8278-11 6-7-94 8- (1 of 2) P"3 U n La Lots 9, 10, 11, 12, 13 and 14 in Block Six (6) of Tract No. 808, "Mission Hill Tract", in the City of San Juan Capistrano, County of Orange, State of California, as per map thereof recorded in Book 24, Page 23 of Miscellaneous Maps, records of said Orange County. Excepting therefrom all mineral deposits as defined in Section 6407 of the Public Resources Code below a depth of 500 feet, without surface rights of entry, as reserved by the State of California in a deed recorded November 4, 1980, in Book 13819, Page 335, Official Records. GRANTEE agrees that in the event the subject property, or any portion thereof, is sold or leased by GRANTEE, GRANTEE shall pay to GRANTOR an amount equal to eighty percent (80%) of the sales price or eighty percent (80%) of the rent due under the lease. EXHIBIT A (2 of 2) DL6:km 8278-2 6-2.94 -2- f'AR<Pt A,CFA = . 0,6.46. PLOT PLAN I . i/ JCSUSAN CAA-167 R:d VO S7A7lO.V Plan AGTsi Gi/EMA Architect & Engineer Divn / N A I PLOT PLAN I . i/ JCSUSAN CAA-167 R:d VO S7A7lO.V Plan AGTsi Gi/EMA Architect & Engineer Divn DO NOT DESTROY THIS NOTE: When paid, this Note, with Deed of Trust securing same, must be surrendered to Trustee for cancellation, before reconveyance will be made. INSTALLMENT NOTE SECURED BY DEED OF TRUST INTEREST INCLUDED - (BALANCE DUE) Santa Ana, California, , 19 In installments as hereinafter stated, for value received, promises to pay to the County of Orange or order, at the office of the Auditor - Controller of the County of Orange, 630 North Broadway (P.O. Box 567), Santa Ana, California 92702, the sum of Two Hundred Sixty-five Thousand Dollars ($265,000) with interest from on unpaid principal at the rate of eight percent per annum;• principal and interest payable in installments of One Thousand Nine Hundred Forty-four Dollars and Sixty-seven Cents ($1,944.67) on the first day of each month, beginning on the first day of , 19_, and continuing until the day of , 19_, on which day the unpaid balance of said principal sum, with the unpaid interest due thereon, shall become due and payable. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall thereupon cease upon the principal so credited. Should interest not be so paid it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Principal and interest shall be payable in lawful money of the. United States. If action be instituted on this Note, I promise to pay such sum as the court may fix as attorney's fees. This Note is secured by a Deed of Trust to First American Title Insurance Company, as Trustee. At any time during the term of this Note, provided there are no delinquent installments, I reserve the option to satisfy the above -stated obligations by payment of the interest accrued to date, all penalties due, and all principal then remaining. Should any default be made in the payment of any installment of the principal or interest when due, or in the performance of any provision or condition contained in the Deed of Trust securing this Note, the whole sum of principal and interest shall become immediately due at the option of the holder of this Note. In the event the property or any part thereof, or any interest therein, covered by the Trust Deed securing this Note is sold, agreed to be sold, conveyed or alienated by the Trustor, or by the operation of law or otherwise, all obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without demand or notice shall immediately become due and payable. Failure to exercise such option in the event of sale, assignment, or DLG-.Ima EXHIBIT C 8267-1 (1 of 2) 5-31-94 further encumbrance shall not constitute waiver of the right to exercise this option in the event of subsequent sale, assignment, or further encumbrance. Subsequent acceptance of any payment hereunder by the holder hereof shall not be deemed a waiver of any default by Trustor, or any sale, assignment, or further encumbrance by Trustor of the property regardless of knowledge of such default, sale, assignment, or further encumbrance by the holder hereof at the time of acceptance of such payment. If the monthly installments due under this Note are not paid within ten (10) days after the date due, the holder of this Note may, at his option, charge a late penalty of $100. CITY OF SAN JUAN CAPISTRANO By By DLQ:Ima EXHIBIT C (2 Of 2) 8267-2 5-31-94 Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: SPACE ABOVE THIS UNE FOR RECORDERS USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made CITY OF SAN JUAN CAPISTRANO between herein called TRUSTOR, whose address is 32400 Paseo Adelanto, San Juan Capistrano California (Number and street) (City) (state) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and COUNTY OF ORANGE , herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the Ci ty of San Juan Capistrano County of Orange , State of California, described as: Lots 9, 10, 11, 12, 13, .and 14 in Block Six (6) of Tract No. 808, "Mission Hill Tract", in the City of San Juan Capistrano, County of Orange, State of California, as per map thereof recorded in Book 24, Page 23 of Miscellaneous Maps, Records of said Orange County. Excepting therefrom all mineral deposits as defined in Section 6407 of the Public Resources Code below a depth of 500 feet, without surface rights of entry, as reserved by the State of California in a deed recorded November, 4, 1980 in Book 13819, Page 335, Official Records. together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, Issues and profits for the purpose of securing (1) payment of the sum of $ 265, 000 with Interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Trustor incorporated by reference or contained herein and (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, in the book EXHIBIT D (continued on reverse side) ?»58(1/94) 0 0 and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Slane 38 lei Alpine 3 13031 lake 437 110 Plumes 166 1307 Sisklyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislous 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 5213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 111nity 108 595 EI Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura - 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 18 Imperial ties 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 593 Inyo 165 672 Nevada 363 94 Shasta 800 633 Kem 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964, Page 149774 shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. STATE OF CALIFORNIA COUNTY OF On personally appeared before me. personalty known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hetshe/they executed the same in hiahedUleir authorized capactty(ies), and that by histherAheir signatures) on Ore instru. ment the person(s) or the entity upon behalf of which the persons) acted, executed the instrument WITNESS My hand and official seal. Signature (continued on next page) Signature of Trusts (this area ror official notarial 9w) 1158 nN4l Party 2 nl d DO NOT RECORD The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in Califomia as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust, Trustor agrees: (1) To keep said property in good condition and repair, not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance safisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of tide and attorney's fees in a reasonable sum, in any such action or proceeding In which Beneficiary or Trustee may appear, and In any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees, and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or [ten which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed bylaw in effect at the date hereof, and to pay for any statement provided forby law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed bylaw at the time when said statement Is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such monies received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after Its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of Beneficiary staling that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee In such reconveyance may be described as `the person or persons legally entitled thereto." (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any Indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and In such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuam to such notice. (6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and nodce of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it In said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public (continued on reverse side) 1158(1/94) Palle 3 of 4 announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of. all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, Inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a parry unless brought by Trustee. DO NOT RECORD REOUEST FOR FULL RECONVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY, TRUSTEE: The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust Said note or notes, together with as other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the temu of said Deed of Trust, to cancel said rate or notes above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to recorway, without warranty, to the parties designated by the terms of sail Deed of Trust, all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do not lose or destroy tbfr Deed of Duo OR 7HEN07E wirk4l it secures Botb m t be d liwe d w tb 7russe<for can (/a[1on befo retenyeyirnce rota be made, 1158 (1194) LU V to O G U r lL O a co I' Oin CL s OCC I— LLJ H d• f � � C+ W � •y 0 1158 (1194) 0 � • • • u�� ..J� � l' ss Xilt 0 You shall deposit all funds received in this escrow in any bank insured by an agency of Che Uniced States Government, including your affiliated bank, Firsc American Trust Company, in one or more of your general escrow demand accounts. These funds may be transferred to any ocher general escrow demand account or accounts, in the bank named below in Section 18, if federally insured. All disbursements shall be made by your check. You are authorized not co close escrow or disburse until good funds have been confirmed in escrow. 2. PRORPTIONS AND AWUSTMENTS: The expression "Close of Escrow' used in this escrow means the dace of which instruments referred to herein are recorded and relates only cc proration and/or adjustments unless otherwise specified. All proration and/or adjustments are Co be made on the basis of a 30 day month unless otherwise instructed in writing. 3. RECORDATION OF INSTRUMENT- You are authorized to record any documents delivered through chis escrow, the recording of which is necessary or proper in the issuance of Che requested Policy of Title Insurance. 4. AUTHORIZATION TO EXECUTE ASSIGNMENT OF INSURANCE POLICIES' You are to execute, on behalf of the parties hereto from assignments of interest in any insurance policies (other than title insurance) called for in this escrow; forrard assignments and policies upon close of escrow co the agent with the requess•, first, that insurer consent to such transfer and /or attach a loss -payable clause and/or make, such ocher additions or corrections as may have been specifically required herein, and second, that the agent thereafter forward such policies to -the parties entitled to chem. In all acts in this escrow relating co insurance, including adjustments, if any, you shall be fully protected in assuming that each policy is in force and that the necessary premium. has bean paid. sr.•• ar.t •. You are to furnish a copy, of chess*instructions, amendments thereto, closing . statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers, and/or the acrorney or attorneys Involved in this transaction upon 'the request of the lenders, brokers or attorneys. A6-1 First American Exhibit E Page 1 of 5 3119 - • :. No examination or insurance as cc the amount or payment of personal property taxes is required unless specifically requested. 7. RIGHT OF CANCELATION: Any party instructing you cc cancel this escrow shall file notice of cancellation in your office in writing. You shall within a reasonable time thereafter mail, by certified mail, one copy of the notice to each of the other parties at the addresses stated in this escrow. Unless written objection to cancellation is filed in your office by a party within ten (10) days after the date of mailing, you are authorized at your option to- comply with the notice and demand payment of your cancellation charges as provided in this agreement. If written objection is filed, you are authorized at your option to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the parties' mutual written instructions, or final order of a court of competent jurisdiction. The parties hereto expressly agree that you, as,escrow holder, have the absolute right ac your election to file an action in interpleader requiring the parties to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the parries jointly and severally agree to pay your cancellation charges, costs and expenses, and reasonable attorney fees which you are required cc expend or incur in the intarpleader action, the amount thereof to be fixed and judgment therefore cc be rendered by the court. Upon the filing of the action, you shall thereupon be fully released and discharged frog all•.obligations to further perform duties or obligations otherwise imposed by the term of this escrow. 9. If there is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies, or ocher items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the parties or otherwise, the fees and charges due FIRST AMERICAN TITLE INSURANCE COMPANY, including expenditures incurred and/or authorized shall be borne equally by'the parties hereto (unless otherwise agreed cc specifically). � •+.Y h f �: 7M � Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property daposiced herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until the conflict is resolved cc your satisfaction, and you shall have the further rights -tor commence or defend any action or proceedings for the determination of the conflict as provided in Paragraphs 7 and E of these General Provisions. A6-1 First American Exhibit E Page 2 of 5 0 • 11. FUNDS RETAINED IN ESCROW: If for any reason funds are retained in escrow, you may deduct therefrom $20.00 as a monchly'charge as custodian thereof. 12. USURY: You are not to be concerned with any question of usury in any loan encumbrances involved in the processing of this escrow and you are hereby released of any responsibility or liability. 13. AMENDMENTS TO ESCROW INSTRUCTIONS: Any amendments or supplements to these escrow instructions must be in writing. These escrow instructions constitute the entire escrow between the escrow holder and the parties hereto. 14. GOOD FUNDS LAW: The parties understand that all funds to close escrow must be deposited a sufficient number of days prior to the close of escrow in order to comply with Section 12413.1 of the California Insurance Code. Generally speaking, wire transferred funds may be deposited into our escrow account anytime prior to the close of escrow. Cashier's Checks and certified checks must be deposited into our escrow account the business day before the close of escrow. For information concerning holds on other types of checks, please contact your escrow officer. FIRST AMERICAN TITLE INSURANCE COMPANY WILL NOT BE HELD RESPONSIBLE FOR REIMBURSEMENT OF ANY INTEREST OR LOSS OF INTEREST BECAUSE FUNDS WERE DEPOSITED INTO ESCROW BY PERSONAL AND/OR CORPORATE CHECKS. 15, ESCROW TRUST FUNDS: Buyer and Seller acknowledge that the escrow holder will be depositing all funds in escrow in a NON-INTEREST bearing fiduciary account ac one of the following banks: BANK OF AMERICA WELLS FARGO BANK IMPERIAL BANK FIRST INTERSTATE BANK METRO BANK GUARDIAN BANK PACIFIC NATIONAL BANK COMMERCIAL CENTER BANK • ; � • �. .y : alau The Tax Reform Act of.1986 prcvldes that First American Title Insurance Company must report to the Incirnal Revenue Service certain information regarding all real estate eraasactions. This information includes, among ocher things, the Seller's social security number and/or tax identification number and forwarding address, and the gross sales price of Che transaction. This is nor a requirement generated by Firsc American Title Insurance Company, but rather a means of complying with the new tax law. This information must be provided to First American Title Insurance Company upon the opening of escrow, and escrow cannot close, nor can the Deed or any ocher documents be recorded until the information is provided and the seller certifies the accuracy of the information in writing. By execution of these escrow instructions, the parties acknowledge receipt of this notice. Ab -1 First American Exhibit E Pace 3 of 5 • 0 12 -..TAX REPORTING AND t7ITHHOLDINC OBLICATIONS OF THE PARTIES State Law - In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of, California or when the disbursement instructions authorize the proceeds be sent to, a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place, of business in California. The buyer may become subject to penalty. for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any ocher provision included in the California statutes referenced above, no buyer will.be required co withhold any.amounc or be subject to penalty for failure to withhold if: ' 1. The sales price of the California real property conveyed does not exceed_one hundred thousand dollars ($100,000), or 2. The seller executes a written certificate, under the penalty of perjury,'' certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, or 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case -by -sass basis. The parties torthis transaction should seek an attorney's, accountant's, or ocher tax specialist's opinion concerning the effect of this law on this transaction aadtshould ace act on any statements made or omitted by rhe escrow or closing offiesr_ ' The Seller may request a waiver by contacting: Franchise Tax Board Withhold at Source Unit: P.O. Box 651 Sacramento, Ca. 95812-0651 (916) 369-4900 A6-1 First American Exhibit E Page 4 of 5 Federal Law Internal Revenue Code Section 1445 places special requirements for tax reporting and withholding on the parties to a real estate transaction where the Seller is a non-residen[ alien, a non-domestic corporation or partnership, a domestic corporation or partnership controlled by non- residents or non-resident corporations or partnerships, With respect to both the State Law and Federal Law referred to above, the parties to this transaction are seeking an attorney's, accountant's or other tax specialist's opinion concerning the effect of these laws on this transaction*or are relying an their own knowledge of these laws. The Parties to this transaction are NOT acting on or relying on any statements made or omitted by the escrow holder, title officer, or other closing officer with respect to tax reporting or withholding requirements. 18. NOTICE OF AVAILABILITY OF TITLE INSURA41" Important: In a purchase or exchange of real property, is may be advisable cc obtain title insurance in connection with the cLose of escrow since there may be prior recorded Liens and encumbrances which affect your interest in the property being acquired. A new policy of title insurance should be obtained in order to ensure your interest In the property chat you are acquiring. 19, DISCLOSURE OF TAXPAYER INDENTIFTCATION•NUMBERS' Internal Revenue Code Section 6109(h) imposes requirements for furnishing, dialosing, and including 'taxpayer indentification•numbers in tax returns on the parties to a residential teal escaca transaction involving seller- provided financing. The parties understand chat the disclosure reporting requirements are exclusive obligations between the parties to this transaction and, chat Firsc American Title, Insurance Company is not obligated to transmit the taxpayer indentification numbers to the Internal Revenue Service or to the parties. Firsc American Title Insurance Company is not rendering an opinion concerning Cho effect of this law on this transaction, and the parties are noc acting on any statements made or omitted by the escrow or closing officer. To- facilitate. compliance with this law, the parties ca this escrow hereby authorize First American Title,Insuranca Company to release any party's taxpayer indentification number to any requesting party who is a party to this _ transaction. The requesting party shall deliver a written request to escrow_ The Parties hereto waive all rights of confidentiality regarding their respective taxpayer indentification numbers and agree to hold First American Title Insurance Company harmless against any fees, costs; or judgement incurred and/or awarded. in, connection with the release of taxpayer indentification numbers. 20. ESCROW HOLDER IS HEREBY AUTHORIZED AND INSTRUCTED TO FURNISH BUYER WITH A COPY bF SELLER'S CLOSING STATEMENT AT CLOSE OF ESCROW. A6-1 First American Exhibit E Page 5 of 5 0 0 August 10, 2007 Ms. Karen Crocker Director of Community Services City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 RE: Semi -Annual Performance Report for Community Health Enrichment Collaborative-CHEC Family Resource Center and use of the Lacouague 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 01/01/07 to 6/30/07. This report is submitted in response to the requirements noted in the City Council Policy #014 for our use of the Lacouague 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) 364-1400 ext. 5243. Thank you. Sincerely, George B. Avila, MURP Manager, Healthy Communities Mission Hospital 27700 Medical Center Road Mission Viejo, CA 92691 (949) 364-1400 X5243 Tel. (949) 364.4903 Fax george.avila@stjoe.org Attachment 5 • 11 Semi- Annual Performance Report for Community Health Enrichment Collaborative- CHEC Family Resource Center covering time period 1/07-6/07 A. Number of People receivine benefit from the CHEC FRC services: Total Served: 2722 A service grid has been developed to implement the tracking of outcomes for each program. See attached. B. Number of San Juan Capistrano Residents receiving benefits from the CHEC FRC Services: Total Served: 2450 It is estimated that 90% of the families who receive services at the CHEC Family Resource Center 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. 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 Las Villas, 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 • Information and Referral • Mentoring Moms Program • 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. • Recreational Resources promoting Healthy Lifestyles to prevent Obesity • Community Resources for Basic needs including Clothing, Food, Bus Vouchers, Legal referrals and Emergency Assistance Many of the above family support and health services have been provided in the following locations in the community: • Capistrano Unified School District facilities including San Juan Elementary School, Kinoshita Elementary School, Serra High School, Adult School/ESL classrooms, Marco Forester Middle School, and Stone Field Community Room 0 • San Juan Capistrano Library • Head Start • Mission Basilica and Father Serra's Pantry • Stone Field 0 E. Account of Organization's Performance: • The following programs as described above are 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 Mission Hospital On April 10`s, 2006, a new licensing agreement was established between the city of San Juan Capistrano and Mission Hospital Regional Medical Center for use of the Lacouague Building Room #3. The CHEC program relocated to this building on June 15`h 2006. The Lacouague facility has been designated to conduct administrative tasks by the CHEC staff as well as providing some supportive services, 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 07 through June 07: Source of Revenue Amount Bud eted or OC Children and Families $31,200 Health Advocate Commission- Raise Foundation ST Joseph Wellness and $45,000 Youth Specialist Prevention rant- CSP Mission Hospital: Community $379,000 Community Benefit staff Benefit and Care for the Poor Coordination Funds Operations, Maintenance, Program Costs Verizon Grant $5,000 Mental Health Counselor Total Revenue and Operational Budget: $460,200 All programs are free to the community. §k 0 0 ! 2�■!� „ _ ■■a■�;;°■-_,�;, � �,�., -®-°--;,.��,��. --■-- �■ © � - --�©-©.---- ,■ ©�A®---��.�, m■ � -R■ - MINI ml N M Q Q Q - #� ,a . § -R- 1T CIN N I Id ƒ ƒ !$!!! .2 :2 E !!!»B»!!»!!!_!! !! | ! !$J}Jd;J2J;i)) j J23 2� ©mg. as ■�!k � � ■ ■|�� . |� ! | 2!!%,!■ �!!§�p�! °���)_|��e)�|-|. | ! �9Au w m 11|;; 0£6■||a!! `aI , .!jS t | ae=2.. �«�| s,! !��=o«_=_��o�;- !|.., l s a m}!§§ > !!,■§!! !!© 1���!= 0 0 0 y l0 W aa m Nil W p O N 0 N N V M. N e N N m m y� b N F O M N g N e r r g m ~ b b M M M N M M CE i b V N A iN b m g 0 0 0 0 0 0 O O N11 O N b N O O R! O W p T7 4 IL O Ng.- oeonoN eelo�yg.,� b z O C C C C ,Q C o C ,g C o C 0y C o (a� a f/aJ (a� fad (a� (a� a C ,Q C .9_0 N_ C C 0 C 0 C ,Q C 0 C C 0 C ° C yob C o C Q C C yob C ° C ° A i 12, c 0 % C qC CY7 }Nn; y W C S m q O p NG == U C LL a g$ sq w R4 C Q q v § � O YG Z Z F F a h H = Z F Z F g M1 R g= F- Z Z tL.� S 0 / a■z, � ! _.,. ;&■� � ° `�°` ■ R!©- � ƒ � mm� \I!! ! O ■ 7��k� ! �!0 !�!� 0 0 CHEC Community Health Enrichment Collaborative February 15, 2008 Ms. Karen Crocker Director of Community Services City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 r -I L RE: Semi -Annual Performance Report for Community Health Enrichment Collaborative-CHEC Family Resource Center and use of the Lacouague 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 07/01/07 to 12/31/07. This report is submitted in response to the requirements noted in the City Council Policy #014 for our use of the Lacouague 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, Jennifer Dinicola, LCSW Manager SOC Family Resource Center CHEC Family Resource Center Phone: 949-365-2460 Fax: 949-364-0575 Jennifer.Dinicola@stjoe.org 31411 La Matanza, Suite B, San Juan Capistrano, CA 92675 (949) 489-7742 • FAX (949) 489-7748 0 0 Semi- Annual Performance Report for Community Health Enrichment Collaborative- CHEC Family Resource Center covering time period 7/07-12/07 A. Number of People receiving benefit from the CHEC FRC services: Total Served: 1684 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: 1516 It is estimated that 90% of the families who receive services at the CHEC Family Resource Center 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. 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 Las Villas, 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 • Information and Referral • Mentoring Moms Program • Assistance to new residents for community and cultural navigation through home visits, workshops and information and referral • Opportunities for community involvement in the volunteertresident-led Neighborhood Health Committee and Stone Field Park Preservation Group. • Recreational Resources promoting Healthy Lifestyles to prevent Obesity • Community Resources for Basic needs including Clothing, Food, Bus Vouchers, Legal referrals and Emergency Assistance Many of the above family support and health services have been provided in the following locations in the community: • Capistrano Unified School District facilities including San Juan Elementary School, Kinoshita Elementary School, Serra High School, Adult School/ESL classrooms, Marco Forester Middle School, Stone Field Community Room • San Juan Capistrano Library • Head Start 0 Mission Basilica and Father Serra's Pantry Lacouague Facility 11 E. Account of Organization's Performance: • The following programs as described above are 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 Mission Hospital On April I O'h, 2006, a new licensing agreement was established between the city of San Juan Capistrano and Mission Hospital Regional Medical Center for use of the Lacouague Building Room #3. The CHEC program relocated to this building on June 15`h 2006. The Lacouague facility has been designated to conduct administrative tasks by the CHEC staff as well as providing some supportive services. 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 June 2007 through December 2007: Source o Revenue Amount Bud eted or ST Joseph Wellness and Prevention ant- CSP $22,500 Youth Specialist The Raise Foundation $ 2,370 Rent, Facilities Verizon Grant $7,500 Mental Health Counselor Total Revenue: $32,370.00 Operational Budget June 07 through December 07: $172,430 The majority of our programs are free to the community. O 2 0 w N 3 ! O N n Oi E _ 3m _ 9 I- 3b = r 12 N O a N N O O O -AW9 Oi . 9 qO 3 0 Oc � c U v m p Q o -0121 n vi d h O E _ 3m _ 9 I- 3b = �a 12 H O O O O O O O .w OO .y .� O .y O .y O .N O .y O .N qO 3 0 Oc � c U v m p Q o -0121 n vi d h O E _ 3m _ 9 I- 3b = �a 12 U O 0 0 � r N •� O O H 1� m N r O � V CD � A � ♦ a �G M A N A O N � O O O O O O f G a� LL C N O 2 A N t`f N N O O A O b N O e O O O O O O O O O O O O O O O O O O O O N M ! r C C C C C oN C C 0yy C 0 C < 0 C 0a C 0a C C C 0b C 0b o ga C C 0Y! C 0N C 0N C 0N C 0Vl C 0M,U a .52 N 42 N U a _ a0 a 1 A V V_! a a0 M_ ,9 ,fg No N_ N_ N_ N_ � N_ -y _ _N _ _N C Q W n m a Yp o o c `o a i° o d < 8 m o c L° •A °° o. a p• n U Fq pp O C C F j O LL i i �' •3 •� L L O n m Y 3 3 O y U a % �0 o $ O m C d C .� a 9 a 9 U V 3y o o V U 2 rs+ 2 C 0 2 t tm tUm m d V a A Y Y a a c Od ctnpi _ WE m yOm' �Y WOY aY 19v Lm N •cU=0 IEL Y O ULL,O) V >Z? aap `m i 9v acpW am pm` a Sc u>M IOL a a 2 x U U Y YWO OZ Y O d O Op O OOmOO d d d tl2o1 Z - UO ZW 0! x Z Z FO 12Z ZIELa ! !- Zm Z Zm F � ! ,■ ■©®a ■■ r � ! ■� m„ � „ � _©-° �■ ��,��� _.�� ■: a .©■q,-2 „�� ■� ! ))�) " /%)% !; ■ a | � §fes _;l22� \)\f��f��!|�|2 .!| .■. 0 • 0 January 31, 2007 Ms. Karen Crocker Director of Community Services City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 EC 'ich=.t Cdhd miw RE: Semi -Annual Performance Report for Community Health Enrichment Collaborative-CHEC Family Resource Center and use of Lacourague Facility Dear Karen, Enclosed please find the Semi -Annual report for the Community Health Enrichment Collaborative- CHEC Family Resource Center covering the time period from 07/01/06 to 12/31/06. This report is submitted in response to the requirements noted in the City Council Policy #014 for our use of the Lacouague Facility. 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 Director, CHEC FRC Mission Hospital • Semi- Annual Performance Report for Community Health Enrichment Collaborative- CHEC Family Resource Center covering time period 7/06-12/06 A. Number of Residents receiving benefit from the CHEC FRC services: Total Served: 1789 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 receiving benefits from the CHEC FRC Services: Total Served: 1610 residents It is estimated that 90% of the families who receive CHEC 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. 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 • Information and Referral • Mentoring Moms Program • 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. • Recreational Resources promoting Healthy Lifestyles to prevent Obesity • Community Resources for Basic needs including Clothing, Food, Bus Vouchers, Legal referrals and Emergency Assistance Many of the above family support and health services have been provided in the following locations in the community: • Capistrano Unified School District facilities including San Juan Elementary School, Kinoshita Elementary School, Serra High School, Adult School/ESL classrooms, Marco Forester Middle School, and Stonefield Community Room 0 • San Juan Capistrano Library • Head Start • Mission Basilica and Father Serra's Pantry • Stone Field E. Account of Organization's Performance: • The following programs as described above are 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 Mission Hospital On April 10'h, 2006, a new licensing agreement was established between the city of San Juan Capsitrano and Mission Hospital Regional Medical Center for use of the Lacourague Building Room #3. The CHEC program relocated to this building on June 15'h 2006. The Lacourague facility has been designated to conduct administrative tasks by the CHEC staff as well as providing some supportive services. 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 06 throueh June 06: Source of Revenue Amount Bud eted or OC Children and Families $31,200 Health Advocate Commission- Raise Foundation ST Joseph Wellness and $45,000 Youth Specialist Prevention ant- CSP Mission Hospital: Community $379,000 Community Benefit staff Benefit and Care for the Poor Coordination Funds Operations, Maintenance, Program Costs Total Revenue and Operational Budget: $455,200 All programs are free to the community. J „ ���� ;■ ;! ■ © � o � , ° ■ , f� ! # � ! - � ! ! .--,���-.. -R■ - ---2�®�,.,,�� � � m � „ �,��.2- -:■ ®■�--�»...,�, - ~ ! f 2.0 �!)¥ B !■! f■E !CC5 !2# !;##22!!!§!¥; !!,l,,ssss �-! !,s „ 3332�,! , �CC | | ! !�kac!) |�| ; |• | ! ■■■■•• '!!�!! ��� ! |� �l.�� | !|! | !!■| �■°|■| D � K � g 2 U � 0 0 0 n �r THE CITY OF SAN JUAN CAPISTRANO I CHEC LICENSE AGREEMENT EXTENSION I 6 Old Firestation Complex Lacouague Building 34111 La Matanza Street 3000 6000 9000 Feet Attachment 6 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 PA www sanyuancapstrano. org IN noAlllO ISTRIL1 (t 1 1961 1776 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLE%ATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, May 6, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement Extension for Use of Portion of the Old Fire Station Complex (Mission Hospital Regional Medical Center - MHRMC)(Community Health Enrichment Collaborative-CHEC)" — Item No. Gla. 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 the City Clerk's office by 5:00 p.m. on Monday, May 5, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "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 Director. 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: citvclerk5-sanivancaoistrano.om. Meg Monahan, MMC City Clerk cc: Ms. Cindy Mueller, Vice President of Mission Integration*; Ms. Jennifer Dinicola, Director, South Orange County Family Resource Center, Mission Hospital*; Mr. Peter Bastone, CEO, Mission Hospital Regional Medical Center*; Mr. Anthony Rivera, Juaneno Band; Karen Crocker, Community Services Director * Receive st an Jua"apistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper