08-0715_BOYS & GIRLS CLUB OF CAPISTRANO VALLEY_Revised Memorandum of Understanding0
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REVISED MEMORANDUM OF UNDERSTANDING AGREEMENT (,
This Memorandum of Understanding Agreement is entered into this �J�
day of
July, 2008, by and between the CITY OF SAN JUAN CAPISTRANO (hereinafter "City")
and BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, a non-profit corporation
(hereinafter "Clubs").
RECITALS:
WHEREAS, City and Clubs entered into a real property lease dated June 1, 1999
("the master leasehold agreement") providing for the lease of City land to the Clubs and
the Clubs' construction of the Clubs Facility in accordance with the Site Plan attached to
the lease agreement; and subsequently modified the lease on March 6, 2007 extending
its term for 25 years from March 6, 2007, and permitting the construction of a 7,000
square foot Teen Center, and
WHEREAS, City's Community Center Concept Plan included a 6,000 sq. ft.
youth facility to be located on the site; and
WHEREAS, City accepted Clubs' offer to build expanded youth facility of
approximately 11,000 sq. ft. (hereinafter referred to as the "Club's Facility") from private
funds and entered into a master lease; and
WHEREAS, the demised premises and building footprint are set forth in the Site
Plan attached as Exhibit 'A" and incorporated herein by reference; and
WHEREAS, City constructed a community gymnasium adjacent to the proposed
Club Facility; and
WHEREAS, the Clubs completed construction of the Clubs Facility as of May 31,
2000; and
WHEREAS, Section 2 of the master lease agreement provides that City and
Clubs will enter into a memorandum of understanding agreement ("the Agreement") to
further define specific obligations of the parties with respect to common area
maintenance and related matters, and
WHEREAS, Planning Commission approval of the Teen Center on October 23,
2007 required certain additional requirements within the Memorandum of
Understanding;
AGREEMENT:
NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND CLUBS AS
FOLLOWS (with modifications included):
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Section 1. The Clubs Facility.
The Clubs shall utilize the Clubs Facility exclusively for the purpose of providing
after-school recreational and other social programs pursuant to the Club's Articles of
Incorporation, By-laws, and other relevant regulations as provided for in the master
leasehold agreement between the parties. Expansion of permitted uses is governed by
Section 2(c) of the master leasehold agreement.
The Club's operating hours will be from 2:00 p.m. to 8:00 p.m. Monday thru
Thursday, 2:00 p.m. to 10:00 p.m. on Fridays during school days and from 7:00 a.m. to
6:00 p.m. on holidays and during summer months. This schedule may be modified by
the Club to accommodate school "minimum days" or other school activities. Youth
activities will be conducted during evening hours and/or weekends and will vary
depending on the activity. The Club will provide City with monthly calendar of operating
hours and activities.
Section 2. Usage And Sharing of Common Area Maintenance.
City and Clubs shall mutually share in the maintenance of the following common
areas as noted below: Parking areas; Outside entry area; Lobby area; Restrooms; and
Gymnasium:
A. Shared Parking Areas. Due to the limited amount of parking
adjacent to the Community Center, Gymnasium and Clubs, the City staff and Clubs
officials and members shall comply with the parking plan developed by the City's
Parking Team, a copy of which City will provide to the Clubs.
1. The Clubs will designate parking areas for teens within the
Sports Park parking area or the adjoining school site parking.
Teens will not be permitted to park in the main community
center parking lot and will be required to register their vehicles
with the Club to allow parking in authorized on-site (Sports Park)
and off-site (Marco Forster and Del Obispo Schools) parking
areas.
City shall be financially responsible for the maintenance and repair of the
adjacent parking area that serves the City and Clubs Facility.
B. Lobby Area. The Clubs shall be financially responsible for general
maintenance and janitorial cleaning of the lobby area and for general wear and tear
from usage of the Clubs Facility.
Clubs shall keep the lobby area free and clear of storage or accumulation of any
Clubs of Clubs members' material or items of equipment.
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C. Gymnasium. The Clubs shall comply with all City rules and
regulations as identified in Administrative Policy 613 in regards to gymnasium use
priorities, regulations, annual calendar and fee schedule.
City and Clubs agree that Clubs may provide concession services from
the community room located within the Clubs Facility to users of the gymnasium subject
to prior approval of the City.
City shall be responsible for gymnasium maintenance and cleaning.
D. Outside Entry Areas. Clubs shall ensure that Clubs members' toys
and equipment (e.g. skateboards and bicycles) are stored in appropriate receptacles in
order to avoid unsafe or nuisance conditions or unsightly appearances.
City shall be financially responsible for maintenance and repair of these
outside areas.
E. Restrooms. The Clubs shall be financially responsible for restroom
maintenance and janitorial services of the Clubs' restrooms in the gymnasium.
City shall provide, at its expense, maintenance and janitorial service for
the use of City restrooms in the gymnasium.
F. Damages to Common Areas. The Clubs shall be financially
responsible for any damage to the common areas arising directly out of the Clubs'
usage of these areas.
Section 3. Reciprocal Use of City and Clubs Facilities.
A. Reciprocal Use in General. City and Clubs agree that there shall be
reciprocal use of the Clubs Facility, City Community Center, Gymnasium, and Sports
Park consistent with the provisions of this Agreement.
B. Facility Application Process. Either party desiring to use the other's
facilities shall first submit a timely facility use application. Approval shall be subject to
the discretion of the party based upon such factors as scheduling conflicts, prioritization
of programming and general impact on facility usage and programming.
C. Costs. Clubs and City agree to mutually share certain designated
Clubs and City facilities at no cost to either party. Clubs and City staffs shall develop a
schedule of facilities and other appropriated organizational rules to implement this
subsection.
D. Special Events. Special events, including but not limited to,
banquets, fundraisers, or other significant gatherings, which require additional City
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support efforts, shall be subject to the City's Administrative Policies 607, 610 and 613
on use of City facilities.
Section 4. Coordination of Calendars for Usage of Facilities.
A. The Community Services Department shall prepare a Master
Calender of Usage of Facilities. This Master Calendar shall incorporate Clubs activities,
including City approved additions thereto. The Master Calendar shall include the
Community Center, Sports Park, Gymnasium, Marco Forster Middle School, Del Obispo
Elementary School and Kinoshita Elementary School activities. The Clubs shall receive
a copy of the Master Calendar and updated activities.
B. The purpose of the Master Calendar is to prevent over capacity and
parking issues at the Community Center and Clubs Facility. The Director of Community
Services shall be final arbiter regarding calendar conflicts,
C. The Clubs shall provide an annual calendar of its activities to the
Community Services Department prior to the City's preparation of its master calendar.
The annual calendar shall include special activities, excursions, dances, sport leagues,
after -hour activities or any activities that are beyond the normal operations of the Clubs.
Any additional activities that are not on the submitted annual calendar shall be
submitted to the Community Services Department two (2) months in advance of the
activity, unless otherwise agreed to by Director of Community Services.
The Clubs agrees and understands that time is of the essence in
submitting the calendar to the City to insure successful coordination of events between
the City, Clubs, School District, and other potential facility users.
Section 5. Utilities.
A. The Clubs shall be solely responsible for payment of use of utilities
with respect to the Clubs Facility.
B. Water. In order to assess actual water usage the clubs shall install
a water sub -meter to the main water service during construction of Teen Center. The
Clubs shall be billed proportionately for water use.
Section 6. Gymnasium Storage Area.
The Clubs will vacate the storage space on the Westside area of the City
Gymnasium. The new Teen Center will include additional storage space for the Clubs.
Section 7. Special Teen Center Operational Requirements.
A. The Clubs will designate a staff member to periodically walk the
community center complex at a regular, logged intervals or on an as needed basis to
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address loitering and littering issues during clubs operation. The process shall be
subject to periodic review by Director of Community Services. The designated site
monitor will be on -duty after school to assure that loitering is prevented. Children waiting
to be picked up by parents or siblings shall be required to wait inside the building.
B. The Clubs will manage evening events (e.g. dances) as closed
events with no entry to the event or leaving the event during the actual hours of the
event. Arrival to and departure from the community center complex for teen center
special events shall be restricted to specific times to prevent potential loitering which
could lead to illicit activity. The Clubs will contact San Juan Capistrano Police Services
to advise them of specific special events and activities. The Clubs may be required by
the City to hire private security in order to conduct special events. The requirement to
hire private security will be based on the risk factor of the event and/or potential or past
issues of an event. In addition, if there is a potential for a community disturbance that is
unrelated to the event, the City shall require private security to assure the public safety
of participants.
C. The Club will train appropriate staff in the operational requirements
of the Teen Center and special events. The Clubs' staff is required to enforce approved
operational policies and restrictions.
Section 8. Insurance and Indemnification.
The insurance and indemnity requirements of the parties are those as set forth in
Section 7 of the master leasehold agreement.
Section 9. Term and Termination.
This Agreement shall remain in full force and effect until mutually rescinded or amended
by the parties.
In the event of a default in the performance of obligations under this Agreement,
the parties agree that there shall be an informal meet and confer process wherein there
shall be an informal communication between the parties as to perceived default and
how the default shall be resolved. If the matter is not resolved within ten (10) calendar
days or such extended period of time as agreed to by the parties, formal redress of a
default shall be governed by Section 5 of the master leasehold agreement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
ATTEST:
By. �� ✓ `�
M g M nahan, City Clerk
APPROVED AS TO FORM:
By: GIA40,40aA LIM (
Omar Sa doval, City Attorn
CITY OF—SAM JL AN CAPISTRANO
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MayorAoe Soto
BOYS & GIRLS CLUB OF CAPISTRANO VALLEY
By���
James Littlejohn, Executiv4 Director
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EXHIBIT A
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