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03-0520_JUANENO BAND OF MISSION INDIANS_License Agreement LICENSE AGREEMENT This License Agreement is made this 20'h day of May , 2003, by and between the City of San Juan Capistrano (hereinafter "City"), and the Juaneno Band of Mission Indians, a nonprofit corporation (hereinafter "Licensee"). RECITALS: WHEREAS, Licensee desires to utilize for Tribal Headquarters purposes a portion of certain City-owned surplus property, more commonly referred to as the "Old Fire Station"; and WHEREAS, City desires to make available such property to Licensee for such purposes free of rent charges under the terms and conditions set forth in this agreement; NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND LICENSEE AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to Licensee for the purpose of allowing Licensee to utilize a portion of that certain real property known as the "Old Fire Station" for Tribal Headquarters purposes only. The portion of the Old Fire Station property 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. Licensee is further entitled to make certain improvements as described in Exhibit "A-3."Any future improvements desired by Licensee not listed in Exhibit"A-3" must first be approved by the City. Under this license grant, Licensee has the right and sole discretion to deal with and manage members of the public who should enter upon the premises to be occupied by Licensee. Licensee represents that it is recognized by the State of California as a 501(c)(3) Not for Profit organization. Licensee understands that its nonprofit status was a substantial inducement for City to grant this License. Licensee agrees to maintain its nonprofit status as a condition of this License. Its failure to maintain its nonprofit status shall be considered a material breach of this License subject to the termination provisions provided for in Section 9 herein. c:\myfiles\agreements\JuanenoLicenseAgr.wpd -1- 5/1/03 SG 0 . Section 2. Allowable Uses by Licensee. Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit "B," attached and incorporated herein by reference. Section 3. Term of License. The term of this License shall be three (3) years from the effective date of this Agreement. The Agreement may be extended for an additional one (1) year period upon the mutual written agreement of both parties. Adoption of this License Agreement nullifies and invalidates the former Old Fire Station use License Agreement between the City and Licensee, which expires July 17, 2003. Section 4. Utilities. Licensee shall be solely responsible for the cost of all utility services Licensee requires in conducting its activities within the building space authorized under this Agreement. City shall not require sub-metering of authorized areas and will establish a utility reimbursement formula based on Licensee's allocation of square footage occupied. Section 5. No License Rent. Licensee shall not be required to pay a license rent for the privilege of utilizing property described in Exhibits "A-1" and "A-2." Section 6. Coordinated Use of the Property/Master Calendar. Licensee agrees and understands that City reserves the right to allow other groups and individuals to utilize this property from time to time for community events and general City purposes. City and Licensee shall work together to insure that such joint usage may occur without disruption to Licensee or impairment of City's goal to allow limited joint community usage of the facility. Accordingly, the City's Community Services Department shall prepare a Master Calendar of Usage of the Facilities. This Master Calendar shall incorporate Licensee's Tribal Headquarters purposes and City's planned community usage of the facility. Section 7. Maintenance and Repairs. (a) Reimbursement for City Maintenance Activities. Licensee shall reimburse City for landscaping and building premises hard scape maintenance services and partial restroom custodial services provided by City in the total amount of Five Hundred Thirty Five Dollars ($535.00) per month. This reimbursement shall be made c:\myfiles\agreements\JuanenoLicenseAgr.wpd -2- 5/1/03 payable to City in advance on the first day of each month. 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) Repairs and Damages. City shall be responsible for any major structural damage 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 the Licensee's use of the premises. (c) Custodial Responsibilities. Licensee shall be responsible for costs of providing custodial service to those areas of authorized space as designated in Exhibits "A-V and "A-2." Section 8. Insurance/Indemnity. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. (a) Comprehensive General Liability. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. (b) Proof of Insurance Requirements/Endorsement. Licensee shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Licensee's general liability and umbrella liability policies using ISO form CG20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. (c) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. c:\myfiles\agreements\Juaner oLicenseAgr.wpd -3- 5/1/03 • 0 (d) Indemnity. Licensee shall indemnify, save and defend City, its elected and appointed officials, and employees harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of Licensee's actions and activities as Licensee under the terms and conditions of this License Agreement. City shall indemnify, save and defend Licensee harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of the performance of any act or obligation performed by City under this agreement, including the actions and activities of any party specifically permitted to utilize the demised premises by City pursuant to Section 6 of this agreement. Section 9. 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 Licensee 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 Licensee 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, City reserves the unqualified right to request that Licensee restore the property to its original condition without any cost to City. Section 10. 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 11. General Provisions. (a) 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: George Scarborough, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 c:\myfiles\agreements\JuanenoLicenseAgr.wpd -4- 5/1/03 To Licensee: Damien Shilo, Tribal Chairman Juaneno Band of Mission Indians 31411 La Matanza, Suite A San Juan Capistrano, CA 92675-2674 (b) Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF SAN JU N A TRANO J n M yor JUANENO BAND OF MISSION INDIANS ACJACHEMEN NATION By: Damien Shilo, Tribal Chairman ATTEST: 4AROn et R. Monahan, City Clerk AS O FORM: John R. Sh , City Attorney c:\myfiles\agreements\JuanefioLicenseAgr.wpd -5- 511103 • • 5/20/2003 Gla AGENDA ITEM TO: George Scarborough, City Manager FROM: Al King, Jr., Community Services Director SUBJECT: Consideration of Agreement for Use of Facilities at the Old Fire Station Site (Juaneno Band of Mission Indians, Acjachemen Nation) RECOMMENDATION: By motion, approve the License Agreement for use of portions of the Old Fire Station facility by the Juaneno Band of Mission Indians, Acjachemen Nation, for administrative purposes and tribal activities. SITUATION: A. Background During the winter and spring of 2000, the City's Community Services Department was directed to conduct a process for determining potential community reuse activities at the Old Fire Station facilities. The facilities were vacated as a result of the completion and opening of the City's new Community Center. The results of this request for proposal process for reuse of the Old Fire Station facility were the License Agreements entered into with both the Capistrano Beach Cities YMCA and Juaneno Band of Mission Indians approving their use of portions of the Old Fire Station facilities. City Council approved in July 2000 the License Agreement enabling the Juaneno Band of Mission Indians to conduct a variety of tribal activities and community service programs at the site (Attachment 1). This initial agreement was approved for a period of three years and included a one-year extension with mutual agreement. This initial, three-year agreement is set to expire July 2003 and, instead of seeking activation of the one-year option condition, the tribe has submitted a request (Attachment 2-letter) for an extension of the License Agreement for an additional 3-5 year term, with a one-year extension. B. Analysis and Recommendation Over the past three years, the tribe has conducted its business and activities at the Old Fire Station site problem-free. The Community Services Department has monitored this use and not received any complaints from other Old Fire Station users or, more importantly, from the surrounding neighborhood. Staff has sent out a notification to the surrounding neighborhood advising residents of the tribe's FOR CITY COUNCIL AGENDA.. Agenda Item -2- May 20, 2003 requested use extension, and the item was reviewed by the Parks, Recreation & Equestrian Commission at their April 21, 2003 meeting. No negative public comments were received, and the Commission supported Council approval of the requested extension. Both the Capistrano Beach Cities YMCA and the Juaneno Band of Mission Indians are hopeful that someday they will be able to relocate to administrative and tribal offices of their own. In the interim, they seem very content and satisfied, with the facilities at the Old Fire Station meeting their current needs. Additionally, staff has not received any negative neighborhood comment regarding the reuse activities of these organizations. Staff is recommending that the License Agreement maintenance reimbursement cost assessed to the tribe be updated to reflect cost increases that have been incurred by the City for the maintenance and upkeep of the site. A fee increase of 7% is recommended, reflecting a$35 per month increase, raising the fee from $500 per month to $535. Staff is also recommending a 3-year agreement with a 1-yearextension option.With assistance from the City Attorney's office, an appropriate License Agreement has been developed (Attachment 3). COMMISSION/BOARD REVIEW, RECOMMENDATION: This item was presented to the Parks, Recreation & Equestrian Commission for their consideration at their April 21, 2003 meeting, with the Commission forwarding a recommendation to the City Council for approval. FINANCIAL CONSIDERATIONS: As specified in the current License Agreement with the Juaneno Band of Mission Indians for reuse of the Old Fire Station facilities, the tribe reimburses the City $500 per month for their share of the facility's building and grounds maintenance and upkeep. It is anticipated that this fee will increase due to cost increases incurred by the City for maintaining the Old Fire Station facility. Staff is recommending a fee increase of $35 per month (7%) in the proposed License Agreement. Agenda Item -3- May 20, 2003 NOTIFICATION: The following parties received notification of this City Council agenda item: Juaneno Band of Mission Indians` Capistrano Beach Cities YMCA" Jonathan Volzke, San Juan Community Task Force' Tony Brown, San Juan Community Task Force* `Agenda Report included Notification regarding this item has also been mailed to neighborhood residents and property owners in the proximity of the Old Fire Station Recreation Complex. ALTERNATE ACTIONS: 1. Approve the License Agreement with the Juaneno Band of Mission Indians, Acjachemen Nation, for use of portions of the Old Fire Station facility for administrative purposes and tribal activities. 2. Approve the License Agreement with the Juaneno Band of Mission Indians, Acjachemen Nation, for use of portions of the Old Fire Station facility for administrative purposes and tribal activities, with modifications. 3. Deny the request by the Juaneno Band of Mission Indians, Acjachemen Nation, for an extension of use at the Old Fire Station facility. 4. Request additional information from staff. RECOMMENDATION: By motion, approve the License Agreement for use of portions of the Old Fire Station facility by the Juaneno Band of Mission Indians, Acjachemen Nation, for administrative purposes and tribal activities. Respectfully submitted, AI King, Jr. Community ervices Director AK:jtb Attachments: 1. License Agreement of 7/17/00 2. Letter of 2/12/03 Requesting Use Extension 3. Proposed License Agreement 4. Location Map o-\myfiles\OFS@003\juaneno\aiccjuaneno ext wpd CERTIFICATE OF INS NCE ISSUE DATE 07/01/2005 PRODUCER Cert#6807 THIS CERTIFICATE IS ISSUE07CSA MATTER OF INFORMATION ONLY AND HOLBERT INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE P.O. BOX 1208 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN CLEMENTE,CA 92674-1208 POLICIES BELOW. (949)492-6138 1 _ FAX(949)361-4079 COMPANIES AFFORDING COVERAGE COMPANY A MARYLAND CASUALTY COMPANY ----- - INSURED JUANENO BAND OF MISSION INDIANS COMPANY B COMPANY 31411 A LA MATANZA ST C SAN JUAN CAPISTRANO, CA 92675 (COMPANY D COVERAGES - - AAAA AAAA AAAA - AAAA- - - -- -- -AAAA-. ___- - AAAA THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 3E ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDIVYJ DATE(MMlOOM!) GENERAL LIABILITY + GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY 042350497 JUL 805 JUL 806 PRODUCTS-COMP/OP ACG. $ 2,000,000 CLAIMS MADE X OCCUR. PERSONAL&ADV INJURY $ 1,000,000 AI X OWNER'S&CONTRACTOR'S PROT. - __ - , _ - EACH OCCURRENCE $ 1,000,090 FIRE DAMAGE(Any One Fire) j$ 1,000,000 IMED.EXPENSE(Any One Personh$ 10,000 (AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO I ALL OWNED AUTOS IBODILY INJURY SCHEDULED AUTOS (Per Person) $ HIREDAUTOS NON-OWNED AUTOS (PerAc INJURY $ I (PerAccident) PROPERTY DAMAGE GA $ RAGE LIABILITY hAUTO ONLY-EA ACCIDENT $ ANY AUTO I OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE is UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND srATuroav LIMITS - EMPLOYERS'LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE — ISEASE --- C OFFICERS ARE: EXCL _ OISEASE-EACH EMPLOYEE 'i$ OTHER DESCRIPTION OF OPERATlONS1LOCATIONSNEHICIES!SPECIAL ITEMS OPERATIONS OF THE NAMED INSURED AT 31411 A LA MATANZA ST.,SAN JUAN CAPISTRANO,CA. 92675 CERTIFICATE HOLDER AS ADDITIONAL INSURED CANCELLATION .._ ---- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 CITY OF SAN JUAN CAPISTRANO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. 32400 PASEO ADELANTO IO-DAY NOTICE NCELLATION APP LIES FOR NON- AVMENT OF PRE UM SAN JUAN CAPISTRANO, CA. 92675 AUTHORIZED��;B� �' POLICY NUMBER: 0423504 OMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED----DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Copyright, Insurance Services Office, Inc. 1984 C�RT.IFICATE OF INS ANCE ssUE°ATE _ 06/14/2004 PRODUCER Cert#5904 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND HOLBERT INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE P.O. BOX 1208 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN CLEMENTE,CA 92674-1208 POLICIES BELOW. (949)492-6138 FAX(949)361-4079 COMPANIES AFFORDING COVERAGE COMPANY A MARYLAND CASUALTY COMPANY INSURED COMPANY JUANENO BAND OF MISSION INDIANS B COMPANY 31411 A LA MATANZA ST G SAN JUAN CAPISTRANO, CA 92675 COMPANY -- - -- - D- �COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. coI POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS LTR DATE(MM/DD- DATE(MM/DD/YY) GENERAL LIABILITY C2NERAL AGGREGATE I$ 2,000,000 X COMMERCIAL GENERAL LIABILITY 042350497 JUL 8 04 JUL 8 05 PRODUCTS-COMP/OP AGG.- �$ 2,000,000 CLAIMS MADE I X I OCCUR. PERSONAL&ADV INJURY S 1,000,000 AI' X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE E 1,000,000 I __ FIRE DAMAGE(Any One Fire) $ 50,000 MED.EXPENSE(Any One Person $ 'AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO I ALL OWNED AUTOS BODILY INJURY 1 SCHEDULED AUTOS (Per Person) $ HIRED AUTOS � - BODILY INJURY $ INON-OWNED AUTOS (Per Accident) --- I - PROPERTY DAMAGE $ - --- AUTO ONLY-EA ACCIDENT E RAGE LIABILITY I -I --- OTHER THAN AUTO ONLY: 'ANY AUTO EACH ACCIDENT S AGGREGATE $ 'EXCESS LIABILITY t EACH OCCURRENCE $WORKERS COMPENSATION rEGATE $ OTHER THAN UMBRELLA FORM / RKER'S COMPENSATION AND STATUTORY LWITS ACCIDENT I I I EMPLOYERS'I THEROPR PROPRIETOR] - INCL DISEASE POLICY LIMIT $ i PARTNERS/EXECUTWE - I DISEASE EACH EMPLOYEE OFFICERS ARE. -{_EXCL i L OTHER i DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS OPERATIONS OF THE NAMED INSURED AT 31411 A LA MATANZA ST., SAN JUAN CAPISTRANO,CA.92675 CERTIFICATE HOLDER AS ADDITIONAL INSURED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 CITY OF SAN JUAN CAPISTRANO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. 32400 PASEO ADELANTO Io-DAY NOTICE NCELLATIDN APPLIES FOR NON-PAYMENT OF PREMIUM SAN JUAN CAPISTRANO. CA. 92675 i ']�A�UTHORIZED�R�EPIVE - POLICY NUMBER: 042350490 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED----DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Copyright, Insurance Services Office, Inc. 1984 FROM ': 'Juaneno Band, Mission II-Ons PHONE NO. 949 488 3294 . Jun. 11 2004 02:53PM P2 / A 32400 PAS10 ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92875 (949)493.1171 j y SAM ALLEVATO (949)493.1053 FAX /�/ 0(OINRRiO DIANE L.EATHGATE wwwsanjuancapistrano.o,g III776f� I I96I HAW A r JOEso • • DAVID M.SW LIN June 8, 2004 Juaneno Band of Mission Indians 31411 La Matanzas Suite A. San Juan Capistrano, CA 92675 RE: Compliance with Insurance Requirements— Use of Old Fire Station The following insurance documents are due to expire: J General Liability Certificate 7/8/2004 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 3 00 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above ex ' ation ate I you have any questions, please contact me at (949)443309. in M v ra rerary cc: Ai King, Jr., Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO �% F� � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i �L[' VATO (949)493-1171 /,j. DI M EL.BATH (949)493-1053 FAX • Zy In(oAPeAAiFI DIANEL.ARTHGATE 61776 IBGI JOE TT SOTART www.sunjuancapistrano.org p7g � JOEsoro • DAVID M.SWERDLIN June 8, 2004 Juaneno Band of Mission Indians 31411 La Matanza, Suite A San Juan Capistrano, CA 92675 RE: Compliance with Insurance Requirements — Use of Old Fire Station The following insurance documents are due to expire: ✓ General Liability Certificate 7/8/2004 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 3 00 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above ex ' atiorateyou any questions, please contact me at (949) 443-6309. in Mr'retar cc: Al King, Jr., Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future EM/27/2003 14: 04 5493614679 HOLBERT INSURANCE PAGE 02 CERTIFICATE OF INSURAME _ + ISSUE DATE 07/0912003 PRODUCER Certs!5037 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND HOLBERT INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE PO. BOX 1208 DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN CLEMENTE,CA 92674-1208 POLICIES BELOW. (949)482-6138 FAX(949)381-4010 COMPANIES AFFORDING COVERAGE COMPANY A MARYLAND CASUALTY COMPANY INB'uREo COMPANY JUANENO BAND OF MISSION INDIANS B 0 0 3a COMPANY 31411 A LA MATANZA ST G _ SAN JUAN CAPISTRANO, CA 92615 COMPANY D COVERAGES __ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS C POLICY EFFECTIVE POLICY E%PIRgTION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DID") DATE(MANDDM') GENERAL LIABILITY OENLRAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY 642350497 JUL B 03 JUL 6 04 PRODUCTS-COMP/OP AGO. S 2,ODD,000 CLAIMS MADE 711, OCCUR. PERSONAL A ADV INJURY f 1.000.000 A X OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE f 1,_000,000 FIRE DAMAGE(AAy One FieH S 56,000 MED.EXPENSE(Any One Pernoe S 10D00 AUTOMOBILE LIABILITY COMBINED BINDLE LIMIT E ANY AUTO ALL OWNED AUTOS BOOILY INJURY SCHEDULED AUTOS (Per Nm.0 f HIRED AUTOS BODILY INJURY NON-OW NEO AUTOS S (Per P�cMenl) PROPERTY DAMAGE S GARAGE LIABILITY AUTOONLY-EAACCIDLNT f OTHER THAN AUTO ONLY; —� ANY AUTO EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE i UMBRELLA FORM AGOREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACHACCIDENT S THE PROPRIETOR/ INCL DISEASEPOLICYLIMIT S PARTNF FXECUTIVE A --"""'— OFFICERS ARF: EXCL DISEASFH ACH EMPLOYEE f OTHER DESCRIPTION OF OPERATIONSAOCATION EHICLES/SPECIAL ITEMS OPERATIONS OF THE NAMED INSURED AT 31411 A LA MATANZA ST.,SAN JUAN CAPISTRANO,CA-92675 CERTIFICATE HOLDER AS ADDITIONAL INSURED CANCELLATION —� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUINOCOMPANY WILL ENDEAVOR TO MAIL 30 CITY OF SAN JUAN CAPISTRANO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION ORLIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. 32440 PASEO ADELANTO 10-DAY NOTICE OF CANCELLATION APPLIES FOR NON PAYMENT OF PREMIUM SAN JUAN CAPISTRANO,CA. 92675 - VTNOR�IZEOJREPRESENTATIVE / F-- 00/27/2003 14:04 9493614079 HOLBERT INSURANCE PAGE 03 POLICY NUMBER: 0 049 • CO&RCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED----DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CIN OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 (It no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to Include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Copyright, Insurance Services Office, Inc. 1984 Dawn Schanderl From: Al King Sent: Monday, August 11, 2003 3:39 PM To: Meg Monahan; Dawn Schanderl Cc: Pam Gibson; Cindy Russell; Jeannie Beck; Linda Evans; Karen Crocker Subject: Juaneno Insurance I have personally advised a tribal representative to contact the City Clerk's office and to get to the City the required insurance documents ASAP. I have told them they need to be in compliance. This was done on 8111/03. 1 have been given a copy of the renewed certificate of insurance by their representative showing an effective date of July 8, 03 and was told it should have been sent to City Hall as well. They will check on the problem and work to get things solved. If you need help while I am on vacation please contact Jeannie. Al 41 Xist f. Community Services Director City of San Juan Capistrano aking@sanjuancapistrano.org 949.493.5920 s J 1 • , oma„ • 32400 pASEO ADELANTO M IYIIYIIIITH SAN JUAN CAPISTRANO, CA 92675 • [SIIIRSYFI I iB6i MEMBERS OF THE CHY COUNCIL (949) 493-1171 1776 DIANELBATHGATE (949) 493-1053 (FAX) JOHN S.GELFF Ivlvly.sanj uancapisrran o.org MATT HART • JOE SOTO DAVID M.SWERDLIN CITY MANAGER GEORGESCARBOROUGH June 13, 2003 Juaneno Band of Mission Indians 31411 La Matanza, Suite A San Juan Capistrano, CA 92675 RE: Compliance with Insurance Requirements - Use of Old Fire Station The following insurance documents are due to expire: V General Liability Certificate 6/21/2003 General Liability Endorsement naming the City of San Juan Capistrano as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration date. If you have any questions, please contact me at (949) 443-6310. Sincerely, /&1j" O,dzGt14N-te Dawn Schanderl Deputy City Clerk cc: AI King, Jr., Community Services Director ORUO USE IS San Juan Capistrano: Preserving the Past to Enhance the Future Dawn Schanderl From: Al King Sent: Thursday, July 03, 2003 8:55 AM To: Dawn Schanderl Subject: RE: July 2, 2003 Updated Insurance Non-pay and Nan-Compliance Lists Hi Dawn, I gave the tribe notice of their lapsed insurance. They were going to get right on it. Thanks, Al -----Original Message----- From: Dawn Schanderl Sent: Wednesday,July 02,2003 2:40 PM To: Diane Harrison; Diane Regier; Dottie Shaw;Joan Ross; Kathleen Springer; Lynnette Adolphson; Maria Guevara; Patty Zomes Cc: Cathy DuCoing; Irene Marcote; Mechelle Lawrence;AI King;Amy Amirani; Bill Huber,Cindy Russell;Julia Silva; Meg Monahan;Tom Tomlinson Subject: July 2,2003 Updated Insurance Non-pay and Non-Compliance Lists << File: NON COMPLIANCE LIST.wpd >> << File: NON-PAY LIST.wpd >> Dawn Schanderl To: AI King; Jeannie Beck Subject: Insurance-Juaneno Band of Mission Indians Insurance Update: I haven't received the General liability certificate of insurance and the endorsement form naming the City as an additional insured. Insurance expired 6/21/2003. They are about due to be added to the nonpay. Thanks ACORDa CERTIFIC OF LIABILITY INSU NCE oa mM/DDm) _ 07/15/2002 PRODUCER*(949)348-7400 FAX (9 9)348-2373 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Al pel Insurance Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26522 La Alameda, Suite 190 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Mission Viejo, CA 92691 INSURERS AFFORDING COVERAGE Steve Daniels INSURED Juaneno Band of Mission Indians INSURER A: Lincoln General Insurance Comp 31411-A La Matanza Street INSURER B. San Juan Capistrano, CA 9267S INSURER INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/Yl') DATE(MM/DD/YY) LIMITS GENERAL LIABILITY RASS1070 06/21/2002 06/21/2003 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 100,000 CLAIMS MADE FX�OCCUR MED EXP(Any one person) $ 5'000 A PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ Included POLICY PECTRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Par accident) PROPERTY DAMAGE $ (Per axident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EBB LIABILITY LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT 8 E.L.DISEASE-EA EMPLOYEd$ E.L.DISEASE-POLICY LIMIT $ OTHER 9 0 _ � Nr.rr�� (_� ZO Iss DESCRIPTION OF OPERATIONS/LOCATIONS EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 3... ertificate holder is named as additional insured per the attached endorsement {� yr C "'0' ' v m CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION p SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Of San Juan Capistrano Attn: Al King BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adelanto OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE n Steve Daniels/STEVEAL;UKU 25-5 FAX: (949)248-7542 ` POLICY NUMBER: LRA551070 COMMERCIAL GENERAL LIABILITY INSURED: Juaneno Band of Mission Indians CG 20 10 (10 93) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA. 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person of organization shown in the Schedule as an insured but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10(10/93) Copyright,Insurance Services Office,Inc., 1994 Juaneno Band of Mission ndians Acjachemen Nation Tribal Council Damien Shilo•Chairman Alice Lopez-Sainz•Vice Chair Christopher A Lobo•Secretary/Treasurer Fran Yorba•Member at Large Andrea Cole•Member at Large yCHEM[N NP July 1, 2004 r�L12 Al King, Community Services Director 31421 La Matanza Street San Juan Capistrano, CA 92675 Dear Mr.King: It is once again that time of year for submitting documentation to the city of San Juan Capistrano to comply with City Councils Policy 014. 1,2 and 3 see attached 4 a Our Tribal office is open weekdays with people dropping in each day. Over an average month we have approximately 30 — 100 citizens requesting information regarding the Tribe. Our current membership number is more than 2649 members (adults and children), presently there are a minimum of 121 families that live in the City of San Juan Capistrano, the total number of adults and children is a minimum of 154. There are approximately 2/3 of the membership who still live within the aboriginal territory of the Acjachemen Nation (Orange County). 4 b Our office benefits primarily Tribal members, who live within the aboriginal territory of the Acjachemen Nation (Orange County) but not limited to. On both a local basis and national basis we reach out to all communities (both tribal and non-tribal) through our tribal web site www.Juaneno.com, The site is one of the many educational tools used to inform the public of tribal activities and culture. We do have members that also come in from outlying communities such as Los Angeles County, Ventura, Riverside and San Diego Counties as well. We also have many non-Indian visitors from within the same area described above. 4 c See attached (also part of item 1) 4 d The tribe has many ongoing activities to serve the Juaneno members of the community, as our monthly meetings and day to day Tribal government operations inclusive of(SIC 2004 4s' of July festival, 2004 August Tribal Reunion, 2004 Swallows Day Parade and 2004 Christmas food give away for the needy. A special event that took place May 16, 2004 included an educational connection with 70 Cal Poly Pomona students and professors focussing on the indigenous peoples of California. The event was a guided tour through San Juan, hi-lighting the Mission, Los Rios District, Putiidhem Village site, SJC Historical Society, Trabuco River and the tribal office at 31411 La Matanza. Both the young and old facilitated the tour with several residents of San Juan playing integral rolls of sharing the rich history of both the City of San Juan Capistrano and its indigenous people (the tribe). The tribe also has several committees, which hold activities primarily for the Juaneno members but also open to the public. Some of these 31411-A La Matanza Street San Juan Capistrano CA 92675-2674 Phone(949)488-3484 Fax(949)488-3294 www.jumeno.com Letter to Al King, Commuu y Services Director Regarding City Council Policy 14 Page 2 committees are Archaeology, Basket Weavers, Cultural, Community Education, Newsletter, Education, Veterans, POW Wow, Website and Historical. We have a web site to provide a global outreach to all interested comminutes. We have had many non-Indians participate on a regular basis in each of these committees of course the number of participants always varies. The tribe has fundraisers, holiday pot lucks, toy and food drives (many non-Indian families were also helped). The office has been a great asset allowing the local schools to have access to the tribe for information and to help educate the community at large about the tribes existence. 4 e We have received a lot of praise and thanks from the community since we have been able to use the portion of the Old Fire Station complex. We look forward to continued service to the Indian and non-Indian community. The account of our activities performance is reported to Al King, Community Services Director. If you have any further question feel free to contact us. 4 f see attached Very truly yours, Damienilo, Tribal Chairman Juaneno Band of Mission Indians Acjachemen Nation Juaneno Band of Mission Indians.Acjachemen Nation 31411-A La Mat n a Street San Juan Capistrano CA 92 67 5-2 674 Phone(949)488-3484 Fax(949)488-3294 w juanenoxom CITY OF SAN JUAN CAPISTRANO CITY COUNCIL POLICY Subject: Effective Policy Page Date Number NONPROFIT PUBLIC BENEFIT CORPORATIONS 1 of 1 02/05/02 014 This policy is hereby created as a means to ensure that non-profit public benefit corporations that enter into, and maintain, any agreements or relationships, with the City of San Juan Capistrano, where the City provides a direct subsidy, or leases property at no rent or minimal rent levels to the non-profit organization, are not organized for the private gain of any person. The subject organization must be a non-profit organization with headquarters or a branch office located within the City of San Juan Capistrano. The subject organization must: 1. Be organized under the Nonprofit Public Benefit Corporation Law for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. 2. Not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. 3. Not dedicate any part of its net income or assets to the benefit of any director, officer or member of said corporation or to the benefit of any private person. 4. Submit a semi-annual report describing how the agreed upon services or programs were rendered during the performance reporting period. The report must include: a. Number of citizens receiving benefits; b. The city of residence of citizens receiving benefits; C. Proof of the organization's continued nonprofit status; d. Disclosure of all activities the organization has conducted on City property, or with City funds; e. An account of organization's performance as established in agreement with the City. Such performance measurement standards shall be negotiated at the time agreement is entered into, and reflected in said agreement. The agreement shall also identify to whom the report is to be addressed and establish the dates when it is due to the City. f. Information on the total revenue received by the organization during the reporting period and disclosure of the sources of that revenue. 5. Failure to submit to the City the required performance reports shall make the organization ineligible for a continued financial relationship, agreement, etc.with the City of San Juan Capistrano. Juaneno Band of Mission Indians Profit and Loss January through June 2004 Jan - Jun '04 Ordinary Income/Expense Income Contributions Income Unrestricted ID Cards 2,030.00 Unrestricted - Other 6,234.00 Total Unrestricted 8,264.00 Total Contributions Income 8,264.00 Miscellaneous Income 288.00 Program Fees 1 ,950.00 Reimbursed Expenses 410.12 Total Income 10,912.12 Gross Profit 10,912.12 Income and Expense by Month • ■Incomes Jan 1 - Jul 12, '04 xpense $ in 1's 5,000 4,000, 3,000 2,000 1,000 0 Jan'04 NW04 May'04 Jull-12,'04 Feb'04 Apr'04 Juni 04 Income Summary ■Contributions Income %75.73 Jan 1 - Jul 12, '04 ■Program Fees 17.87 ■Reimbursed Expenses 3.76'; OMiscellaneous Income _ 2.641 Total $10,912.12; By Account Juaneno Band of Mission Indians 07/12/04 Profit and Loss Detail January through June 2004 Type Date Num Name Memo Account Amount Ordinary Income/Expense Income Contributions Income Unrestricted ID Cards Deposit 1/22/04 CHK 1-Card ID Cards 10.00 • Deposit 1/22/04 CASH 1-Card ID Cards 10.00 Deposit 1/22/04 CHK 1-Card ID Cards 25.00 Deposit 1/22/04 CHK 1-Card ID Cards 25.00 Deposit 1/22/04 CHK 1-Card ID Cards 10.00 Deposit 1/22/04 CHK 2-Cards ID Cards 20.00 Deposit 1/22/04 CHK 1-Card ID Cards 10.00 Deposit 1/22/04 CHK 1-Card ID Cards 10.00 Deposit 1/22/04 CHK 1-Card ID Cards 10.00 Deposit 1/22/04 CHK 1-Card ID Cards 10.00 Deposit 1/22/04 CHK 1-Card ID Cards 10.00 Deposit 1/22/04 CHK 5-Cards ID Cards 100.00 Deposit 1/22/04 CHK 2-Cards ID Cards 20.00 Deposit 1/22/04 CASH 1-Card ID Cards 20.00 Deposit 1/22/04 CASH 5-Cards ID Cards 40.00 Deposit 1/22/04 CHK 2-Cards ID Cards 20.00 Deposit 2/20/04 CASH 2-Cards ID Cards 20.00 Deposit 2/20/04 CHk 1-Card ID Cards 10.00 Deposit 2/20/04 CHK 1-Card ID Cards 10.00 Deposit 2/20/04 CHK 5-Cards ID Cards 50.00 Deposit 2/20/04 CHK 4-Cards ID Cards 60.00 Deposit 2/20/04 CHK 2-Cards ID Cards 20.00 Deposit 2/20/04 CHK 4-Cards ID Cards 40.00 Deposit 2/20/04 CHk 1-Card ID Cards 10.00 Deposit 2/20/04 CHK 1-Card ID Cards 150.00 Deposit 2f24f44 CHK 3-Cards iD Cards 30.{){) Deposit 3/19/04 CASH 1Card ID Cards 10.00 Deposit 3/19/04 CASH 1-Card ID Cards 10.00 Deposit 3/19/04 CASH 1-Card ID Cards 10.00 Deposit 3/19/04 CASH 1-Card ID Cards 10.00 Deposit 3/19/04 CASH 1-Card ID Cards 10.00 Deposit 3/19/04 CASH 1-Card ID Cards 10.00 Deposit 3/19/04 CHK 1-Card ID Cards 10.00 Deposit 3/19/04 CASH 1-Card ID Cards 10.00 Pagel Juaneno Band of Mission Indians 07/12/04 Profit and Loss Detail January through June 2004 Type Date Num Name Memo Account Amount Deposit 3/19/04 CASH 1-Card ID Cards 10.00 Deposit 3/19/04 CHk 2-Cards ID Cards 20.00 Deposit 3/19/04 CHK 1-Cards ID Cards 10.00 Deposit 3/19/04 CHK 4-Cards ID Cards 70.00 Deposit 3/19/04 CHk 1-Card ID Cards 25.00 Deposit 3/19/04 CHK 2-Cards ID Cards 20.00 • Deposit 3/19/04 CHK 2-Cards ID Cards 20.00 Deposit 3/19/04 CHK 5-Cards ID Cards 50.00 Deposit 3/19/04 CHK 2-Cards ID Cards 20.00 Deposit 3/19/04 CHK 4-Cards ID Cards 40.00 Deposit 3/19/04 CHK 1-Card ID Cards 10.00 Deposit 3/19/04 CHK 1-Card ID Cards 10.00 Deposit 3/19/04 CHK 1-Card ID Cards 10.00 Deposit 3/19/04 CHK 1-Card ID Cards 10.00 Deposit 3/19/04 CHK Donation ID Cards 25.00 Deposit 3/19/04 CHK Donation ID Cards 10.00 Deposit 3/19/04 CHK Donation ID Cards 250.00 Deposit 5/10/04 CASH 1-card ID Cards 10.00 Deposit 5/10/04 CHK 1-card ID Cards 10.00 Deposit 5/10/04 CHK 1-Card ID Cards 10.00 Deposit 5/10/04 CHk 1-Card ID Cards 10.00 Deposit 5/10/04 CHk 1-Card ID Cards 10.00 Deposit 5/10/04 CASH 1-Card ID Cards 10.00 Deposit 5/10/04 CASH 2-Caards ID Cards 20.00 Deposit 5/10/04 CASH 2-Cards ID Cards 20.00 Deposit 5/10/04 CASH 2-Cards ID Cards 20.00 Deposit 5/10/04 CASH 2-Cards ID Cards 10.00 Deposit 5/10/04 CASH 2-Cards ID Cards 20.00 Deposit 5/10/04 CASH 1-Card ID Cards 10.00 Deposit 5/10/04 CHK 1-Card ID Cards 10.00 Deposit 5/10/04 CHK Cards ID Cards 50.00 Deposit 5/10/04 CHK 5-Cards ID Cards 50.00 Deposit 5/10/04 CHK 2-Cards ID Cards 20.00 Deposit 5/10/04 CHK 5-Cards ID Cards 50.00 Deposit 5/10/04 CHK 2-Cards ID Cards 50.00 Deposit 5/10/04 CHK 1-Card ID Cards 15.00 Deposit 5/10/04 CASH 1-Card ID Cards 10.00 Deposit 5/10/04 CASH 1-Card ID Cards 10.00 Deposit 6/11/04 CHK 2-Cards ID Cards 20.00 Page 2 Juaneno Band of Mission Indians 07/12/04 Profit and Loss Detail January through June 2004 Type Date Num Name Memo Account Amount Deposit 6/11/04 CHK 1-Card ID Cards 10.00 Deposit 6111104 CHK 1-Card ID Cards 10.00 Deposit 6/11104 CHK 1-Card ID Cards 15.00 Deposit 6/11/04 CHK 4-Cards ID Cards 50.00 Deposit 6/11/04 CHK 1-Card ID Cards 10.00 Deposit 6/11/04 CASH 1-Card ID Cards 10.00 Deposit 6/11/04 CASH 1-Card ID Cards 10.00 Deposit 6/11/04 CASH 1-Card ID Cards 20.00 Deposit 6/25/04 CASH 1-Card ID Cards 10.00 Total ID Cards 2.030.00 Unrestricted -Other Deposit 1/22/04 CHK Donation Unrestricted 15.00 Deposit 1/22/04 CHK 5-Cards Unrestricted 50.00 Deposit 1/22/04 CHK 4-Cards Unrestricted 50.00 Deposit 1/22/04 CHK 1-Card Unrestricted 10.00 Deposit 1/22/04 CASH 1-Card Unrestricted 10.00 Deposit 1/22/04 CHK 1-Card Unrestricted 10.00 Deposit 1/22/04 CASH Donation Unrestricted 100.00 Deposit 2/20/04 CHK Donation Unrestricted 25.00 Deposit 2/20/04 CHK Donaiton Unrestricted 20.00 Deposit 2/20/04 CHk Donation Unrestricted 10.00 Deposit 2/20/04 CHK Donation Unrestricted 30.00 Deposit 2/20/04 CHK Donation Unrestricted 100.00 • Deposit 3/19/04 CASH 2-Cards Unrestricted 20.00 Deposit 3/19/04 CASH 1-Card Unrestricted 10.00 Deposit 3/19/04 CHK Donation Unrestricted 100.00 Deposit 3/19/04 CHK Donation Unrestricted 30.00 Deposit 3/19/04 CHK Donation Unrestricted 25.00 Deposit 3/19/04 CHK Donation Unrestricted 20.00 Deposit 3/19/04 CHK Donation Unrestricted 100.00 Deposit 5/10/04 CHK Don Unrestricted 40.00 Deposit 5/10/04 CHK DOn Unrestricted 10.00 Deposit 5/10/04 CHK Don Unrestricted 25.00 Deposit 5/10/04 CHK Don Unrestricted 30.00 Deposit 5/10/04 CHK DOn Unrestricted 30.00 Deposit 5/10/04 CHK Don Unrestricted 60.00 Deposit 5/10/04 CHK Don Unrestricted 30.00 Deposit 5/10/04 CHK Don Unrestricted 20.00 Page 3 Juaneno Band of Mission Indians 07/12/04 Profit and Loss Detail January through June 2004 Type Date Num Name Memo Account Amount Deposit 5/10/04 CHK Don Unrestricted 25.00 Deposit 5/10/04 CHK Don Unrestricted 10.00 Deposit 5/10/04 CHK Don Unrestricted 10.00 Deposit 5/10/04 CHK Don Unrestricted 50.00 Deposit 5/10/04 CASH Don Unrestricted 10.00 Deposit 5/10/04 CASH Don Unrestricted 10.00 Deposit 5/10/04 CHK Don Unrestricted 30.00 • Deposit 5/10/04 CHK Don Unrestricted 10.00 Deposit 5/10/04 CHK Don Unrestricted 50.00 Deposit 5/10/04 CHK Don Unrestricted 25.00 Deposit 5/10/04 CASH Don Unrestricted 7.00 Deposit 5/10/04 CHK Don Unrestricted 100.00 Deposit 5/10/04 CHK Don Unrestricted 10.00 Deposit 5/10/04 CHK Don Unrestricted 10.00 Deposit 5/10/04 CHK Don Unrestricted 25.00 Deposit 5/10/04 CHK Don Unrestricted 30.00 Deposit 5/10/04 CHK Don Unrestricted 100.00 Deposit 5/10/04 CHK Don Unrestricted 20.00 Deposit 5/10/04 CHK Don Unrestricted 10.00 Deposit 5/10/04 CHK DOn Unrestricted 120.00 Deposit 5/10/04 CHK DOn Unrestricted 75.00 Deposit 5/10/04 CHK Don Unrestricted 100.00 Deposit 5/10/04 CHK Don Unrestricted 25.00 Deposit 5/10/04 CHK Don Unrestricted 40.00 • Deposit 5/10/04 CASH Don Unrestricted 17.00 Check 5/15/04 CHK No Transactions Monthly Report Unrestricted Check 5/15/04 Tran No Transactions Monthly Report Unrestricted Check 5/15/04 Tran No Transactions Monthly Report Unrestricted Check 5/15/04 Tran No Transactions No Transacti... Unrestricted Deposit 5/21/04 CHK Pala Band of Missio... Donation Unrestricted 1,000.00 Deposit 6/11/04 CHKDonation Unrestricted 25.00 Deposit 6/11/04 CHKKBandof Donation Unrestricted 200.00 Deposit 6/11/04 CHKDonation Unrestricted 100.00 Deposit 6/11/04 CHKDonation Unrestricted 30.00 Deposit 6/11/04 CHKDonation Unrestricted 10.00 Deposit 6/11/04 CHKDonation Unrestricted 100.00 Deposit 6/11/04 CHK ycuan Mis... Donation Unrestricted 500.00 Deposit 6/11/04 CASH Norman Pico Donation Unrestricted 250.00 Deposit 6/11/04 CHK City of Mission Viejo Donation Unrestricted 500.00 Page 4 Juaneno Band of Mission Indians 07/12/04 Profit and Loss Detail January through June 2004 Type Date Num Name Memo Account Amount Check 6/19/04 TRAN No Transactions NMonthly Re... Unrestricted Check 6/19/04 TRAN No Transactions Monthly Report Unrestricted Check 6/19/04 TRAN No Transactions Monthly Report Unrestricted Check 6/19/04 Tran No Tra Monthly Report Unrestricted Deposit 6/25/04 CHK Donation Unrestricted 1,000.00 Deposit 6/25/04 CHK Donation Unrestricted 100.00 Deposit 6/25/04 CASH Donation Unrestricted 100.00 Deposit 6/25/04 CASH Donation Unrestricted 30.00 Deposit 6/25/04 CHK Donation Unrestricted 20.00 Deposit 6/25/04 CHK Donation Unrestricted 10.00 Deposit 6/25/04 CHK Cal-Poly Edu... Unrestricted 300.00 Deposit 6/25/04 CASH Card Unrestricted 10.00 Deposit 6/25/04 CHK Donation Unrestricted 30.00 Deposit 6/25/04 CHK Donation Unrestricted 20.00 Total Unrestricted - Other 6,234.00 Total Unrestricted 8,264.00 Total Contributions Income 8,264.00 Miscellaneous Income Deposit 6/11/04 CHK S.D. PfetcheWater... Water,D. Cat... Miscellaneous Inco... 288.00 Total Miscellaneous Income 288.00 . Program Fees Deposit 5/10/04 CHK Elizabeth Pando Booth Space Program Fees 200.00 Deposit 5/10/04 CHK Jane C. Spence Booth Space Program Fees 200.00 Deposit 5/10/04 CHK Frances Villalobos Booth Space Program Fees 200.00 Deposit 5/10/04 CHK Tribal Trends Booth Space Program Fees 200.00 Deposit 5/10/04 CHK Booth Space Program Fees 200.00 Deposit 5/21/04 CHK Booth Space Program Fees 50.00 Deposit 5/21/04 CHK Andrew Rocha Booth Space Program Fees 200.00 Deposit 5/21/04 CHK Wild Cactus Booth Space Program Fees 200.00 Deposit 5/28/04 CHK Hawaiin Shaved Ice Booth Space Program Fees 100.00 Deposit 6/11/04 CASH Nextel Booth Space Program Fees 50.00 Deposit 6/11/04 CASH Ro t Davis Booth Space Program Fees 200.00 Deposit 6/11/04 CHK Booth Space Program Fees 100.00 Deposit 6/11/04 CASH Hawaiin Shave ce Booth Space Program Fees 50.00 Page 5 Juaneno Band of Mission Indians 07/12/04 Profit and Loss Detail January through June 2004 Type Date Num Name Memo Account Amount Total Program Fees 1,950.00 Reimbursed Expenses Deposit 3/19/04 CHK City of San Juan Deposit Return Reimbursed Expen... 100.00 Deposit 6/11/04 CHK State Tax Refund 'Year 2002 Reimbursed Expen... 10.12 Deposit 6/11/04 CASH Start up Cash Return of Sta... Reimbursed Expen... 300.00 Total Reimbursed Expenses 410.12 Total Income 10,912.12 Gross Profit 10,912.12 • BUSINESS PROFESSION AND TRADE LICENSE THE PERSON, FIRM OR CORPORATION NAMED BELOW IS NUMBER CITY OF SAN JUAN CAPISTRANO HEREBY GRANTED THIS LICENSE AS THE RECEIPT FOR FEES PAID TO THE CITY OF SAN JUAN CAPISTRANO FOR THE BUSINESS DESCRISED11ELOW. FOR THE PERIOD INDICATED. GRANTING OF THIS CERTIFICATE DOES HOT ENTITLE THE HOLDER TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF 04-69531 ANY LAW OR ORDINANCE.THE CIN DOES HOT PASS ON THE QUALIFICATIONS OF THE HOLDER OF THIS CERTIFICATE, TYPE OF BUSINESS BUSINESS CODE EFFECTIVE DATE NON-PROFIT EDUCATIONAL CORPORATI 8058 1 1 01-31-04 USINESS LOCATION I EXPIRATION DATE 31411 LA MATANZA #A 1 I 12-31-04 I LICENSE FEES PAID I I JUANENO BAND OF MISSION INDIANS 0 . 00NON-TRANSFERABLE 31411 LA MATANZA 4A SAN JUAN CAPISTRANO, CA 92675-2674 POST IN A CONSPICUOUS PLACE BY .. CRY LICENSE COLLECTOR ' r✓y'" �. l. 1 �' r I SY Y State of Califori la"k w x478 t Kevin Y „ rn Secretary of Stats STATEMENT OF INFORMATION (DonvootlG Non roTR Co }aden) 'y. 4 FIIIn 'Fel 20.00—H amandmerrL eas lnsouedon+l. C RX-40 0RPORE COM NC TMIS FORM �9NanaFo� A�•. 1 ., �„dfrlfW0iCA6taN6 + ' ',L;�, CMr"01474 NwL.tPrr wnlFwfrMRe•VepMwe.) ... ,. APR o a 2004 JMarNrna 6aM d Mission IF4wwo CtOfaOtB KEVIN SHEtl6T.S Wegy h � TM sce + • ; CCFRPLITE AOCItSSSk6 FOA TMt FOLL0IMNG <Oe rlel ahlrRales M efame r�,.txF. twf x Comm M Faux 1, ITRa6T ARCO”OF P004N AL Comm=ar CALo0ftH A,PAM PTnPM,rwaa.M cam 0.1 Cm StATI EP C= t, I t 4 t t A U WWI& San Juan CA 9267 Cm me 6TATl EP OCM ° Nf1A&9 ANO COMFLa�TE ADORE56E5 OF TME FOLLOIMNG OFFIC£R8 ffh arporMPr rrrM tma rrN M�flM1uv�A mnpPa/M�fer I1►IeeyeC Rlara'PNT I+e addaei howwr."'Wo A.'. CMV amsunTyd O"CW A00"Ess CrtY AND ITATa bCOCI ry Joan FAstxe 706 S.Swan Smoot Santa AM 02704 '�'.':6eGR2TMan ACOA6M CM AND VATS - EIP COL/ 44' N' SI. 7S Pe tL;CNBF PWtlIC!AL OFF=W ACDR&M fFAN T D ITATI 9P G= thftkoow A,L*d VC Marfa Stmt OOa/rWEe 'WOSA r- AGkNT FOR SERV1C*OF PWXIAS I;:Y ArtY1dAfa+et M SW"AMM In CalAfrfa and Mn!mar be vollo d ow a Gaahnr aaMaw,,. IenasreT eerpPfben.ft MGM Mass wo w as wm toCaetertda ftoMM7 d /1P a"a aw-A, eua s N covore6MR Cade as m f 606 erk a.w i'6 rrad bo ra UW& >r,NAME OF A96M*OM abm=CP PRL'ICIM " Chdraow A.Lobo r !;^ S.?A=MM OF AGINT PDR MMI.a OF PROCIU N CALPOPHA.P An alllff 1AL iATT 6TAM A em 91Att•A Medanl/ San Juan np CA 92676 VISdTtRL&G COMMON INTIRIST DEVELOPMENT ACT 1Cauonda OM Cade Pldwr t aM,M rq,) e; ON/CK M/Aa P TNS WftPORArgN to AN AMOOMt104 POAMW TO MAFN06 A COMMON IMME"DffV6LOPMINT.YN"A TN6 OWN16 v. ITIRteA CLVMMCM WMMW W"LOPWaNT ACT AND P TO TTtara 1a.11 AFe tt MTSYI COR/CwAT1p le FOAa m t0 MNMa A COMMON iNTMST C/V6@IrM WJFT ALSO"A A ITATW!fT r COW MC"PYTIMM 09VVA `MEW AINDCIA MA1 PdNx eAe'JOI N AFOLa1ea n CAV OAaA eTn.GWS aICT1p1l+su.s eLaAM sea MTRLCTICPra ON Tac taMRmc tCb as he6Pp1M. t►: AipalaM OF awNAS3 OR CORPOwATI anlCZ OF THE A690C1ATCK P AMY CRT 6TAn zo coca . ;a 11. "OW IMV N6Au6TCPO"5W17FOR,Me PMYPCt LOCATKw CP ne COMMON"Tlo[V Ca%IWMV.T saw DP wob '.:(Cowers Raw%waw wFdwMe caw•.a n eR w a w awfnw leveed dw d~I .« t t{. .%AMR AV ACOR M OF AMOr"ItOWS MAFMGNO AC6NT.P ANY CrrT !}ATR 9P Coat 14. rW mraRAMnu1 CVYTAarID M6RVN a TRIM Aro COMCT, t A, �, rJ 4tpphrr A.Lpbp :r TyPi a1 PRW IAA11a OF aIrt16MR OR MXW T{Rq Tnll wn. F� 'r* ` r. ..w eaCRaT CF 87AIV ,w t lap rMvdme�I .aka „! � 1 Y Jul -12-04 02 : 02P Wal10 Otto & Asso. CPAs 94907 0151 P.04 WALTER C. OTTO and ASSOCIATES CERTIFIED PUBLIC ACCOUNTANTS, ING. July 10, 2004 Mr. Al King Community Services Director City of San Juan Capistrano San Juan Capistrano, California Re: Juaneno Band of Mission Indians - Acjachemen Nation At the request of the Juaneno Band of Mission Indians -Acjachem.3n Nation (the Tribe), this letter is to inform you that we are the Certified Public Accountants for the Jueneno Tribe. We have been engaged to perform the following services: 1. The annual audit of the financial statements which include: the statement of financial position at year end, and the statements of activities a id changes in net assets, functional expenses, and cash flows, for the year then onding. We conduct our audits in accordance with auditing standards generally accepted in the United States of America; and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Accordingly, we also issue our report on our consideration of the Tribe's internal control overfinancial reporting and our tests of its compliance with certain provisions of law, regulations, contracts and grants, 2. The Tribe's annual return of Private Foundation, federal form 590-PF, and the California Exempt Organization Annual Information Return, form 199; and farm RRF-1 for submission to the California Department of Justice, Office of the Attorney General. Walter and I will be pleased to be of further assistance. Sincerely, At- Diana Otto, CPA 1601 Dove Street,Suite 200•Newport Beach,California 92660-2134 Phone:(949)757-0101 •Fax: (949)757-0151 •Coeoholla Vnlloy: (760) 773.3930 Email:walterotto®sbcglobal.net LICENSE AGREEMENT This License Agreement is made thisL70'day of ( 2000, by and between the City of San Juan Capistrano (hereinafter "City"), and the Juaneno Band of Mission Indians, a non-profit corporation (hereinafter"Licensee"). RECITALS: WHEREAS, Licensee desires to utilize forTribai Headquarters purposes a portion of certain City-owned surplus property, more commonly referred to as the "Old Fire Station"; and WHEREAS, City desires to make available such property to Licensee for such purposes free of rent charges under the terms and conditions set forth in this agreement; NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND LICENSEE AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to Licensee for the purpose of allowing Licensee to utilize a portion of that certain real property known as the Old Fire Station for Tribal Headquarters purposes only. The portion of the Old Fire Station propertywhich isthe subjectof this License grant is specifically described in the Site Plan attached as Exhibits "A-1" and "A-2", and incorporated herein by reference. Licensee is further entitled to make certain improvements as described in Exhibit "A-3". Any future improvements desired by Licensee not listed in Exhibit"A-3" must first be approved by the City. Under this license grant, Licensee has the right and sole discretion to deal with and manage members of the public who should enter upon the premises to be occupied by Licensee. Licensee represents that it is recognized by the State of California as a 501(c)(3) Not for Profit organization. Licensee understands that its non-profit status was a substantial inducement for City to grant this License. Licensee agrees to maintain its non- profit status as a condition of this License. Its failure to maintain its non-profit status shall be considered a material breach of this License subject to the termination provisions provided for in Section 9 herein. c:\myfiles\agreemenls\JuanefioLieense.agr 4- 07/18/00 ATTACHMENT 1 Section 2. AllowabllOUses by Licensee. • Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit "B", attached and incorporated herein by reference. Section 3. Term of License. The term of this License shall be three (3) years from the effective date of this Agreement. The Agreement may be extended for an additional one (1) year period upon the mutual written agreement of both parties. Section 4. Utilities. Licensee shall be solely responsible for the cost of all utility services Licensee requires in conducting its activities within the building space authorized under this Agreement. City shall not require sub-metering of authorized areas and will establish a utility reimbursement formula based on Licensee's allocation of square footage occupied, not to include utility costs for City's kiln firings. Section 5. No License Rent. Licensee shall not be required to pay a license rent for the privilege of utilizing property described in Exhibits "A-1" and "A-2". Section 6. Coordinated Use of the Pronerty/Master Calender. Licensee agrees and understands that City reserves the right to allow other groups and individuals to utilize this property from time to time for community events and general City purposes. City and Licensee shall work together to insure that such joint usage may occur without disruption to Licensee or impairment of City's goal to allow limited joint community usage of the facility. Accordingly, the City's Community Services Department shall prepare a Master Calender of Usage of the Facilities. This Master Calender shall incorporate Licensee's Tribal Headquarters purposes and City's planned community usage of the facility. Section 7. Maintenance And Repairs. (a) Reimbursement for City Maintenance Activities. Licensee shall reimburse City for landscaping and building premises hard scape maintenance services and partial restroom custodial services provided by City in the total amount of Five Hundred Dollars ($500.00) per month. This reimbursement shall be made payable to City in advance on the first day of each month. 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) Repairs and Damages. City shall be responsible for any major structural damage to the premises, including such items as leaking roofs, plumbing and related c:\myfiles\agreements\JuanenoLicense.agr -'- 07/18/00 improvements, providing A the damage to be repaired has n0been caused directly by the Licensee's use of the premises. (c) Custodial Responsibilities. Licensee shall be responsible for costs of providing custodial service to those areas of authorized space as designated in Exhibits "A-1" and "A-2". Section 8. Insurance/Indemnity. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. (a) Comprehensive General Liability. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injuryto 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 Req uirements/Endorsement. Licensee shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Licensee's general liability and umbrella liability policies using ISO form CG 20 10 1185 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. (c) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. (d) Indemnity. Licensee shall indemnify, save and defend City, its elected and appointed officials, and employees harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of Licensee's actions and activities as Licensee under the terms and conditions of this License Agreement. City shall indemnify, save and defend Licensee harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of the performance of any act or obligation performed by City under this agreement, including the actions and c:\myfileslagreementsUuanefioLicense.agr -3- 07/1&00 activities of any party s0cifically permitted to utilize the Praised premises by City pursuant to section 6 of this agreement. Section 9. 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 Licensee 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) Upon termination of this Agreement, City reserves the unqualified right to request that Licensee restore the property to its original condition without any cost to City. Section 10. 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 11. General Provisions. (a) 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: George Scarborough, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Licensee: Damien Shilo, Vice Chair Juaneno Band of Mission Indians 31877 Del Obispo, Suite 106-A San Juan Capistrano, CA 92675-3209 (b) Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. c:\myfiles\agreementsWuanenaLicense.agr -4- 07/18/00 IN WITNESS WHAOF, the parties hereto have exected this Agreement on the day and year first above written. CITY OF SA JUAN CA"000P TRANO B000 y: �-ZoolleneZecApbell, ayor JUANENIn BAND OF Y15SIQN INDIANS By: Tl= Dahen Shilo, Vice Chair ATTEST: C eryl Joh n, Oity Clerk PPROVED AP TO/LG U FORM: I1 T� 1 John R. Shaw, City Attorney c:Myfiles\agreements\Juaner)oLicense.agr -5- 07/18100 1r4 An/3 rim STA roN �o � �c JAC��M E,`r I4 A77vn1 ,(TK��`a` 01 F��cE I�►c�u0E5 rr �JA w: JeJA� C..APtJT PJ+n.e COM M'J..rITY /f'S{L Fa RCE I JPEi.1 A gzz F� i �r it i I Q 1 i EXHIBIT A-1 M, INNS Lounge oeeupancyt 20 Dining Room occupancy. 23 Room:available to 6e reared70 • together or separately. umon Laeouagne Huiidi>j� Rooms ISM n1 i & 2 are located at the Old Fre Station Recreation e Complex, headquarters for the Cityrs Community Services Department. Built in the Vs. these versatile moms an be used in many ways together or t� separately. The full kitchen in 011sIN0 Room 2 makes it ideal for �00Y meetings or events where food Baa will be served. The Boxy lounge, with its comfortable seating, is just right far $ intimate meetings. C12seL meetings and casual parties have been successfully held in these moms. The lounge. (Room 1) is 790 sq.R. and fllitltWti measures 43' x l8'. The Dining Room, (Room 2) is 985 sq. It. and meastsrts 24'x 42'. i Ref. Exhibit A-1 .00�S v LACOUAGUE BUILDING LAYOUT EXHIBIT A-' •Juaneno Band of Mission Indians • Acjachemen Nation 31877 Del Obispo St. Suite 106A San Juan Capistrano, CA 92675-4135 Proposal for Juaneno Band of Mission Indians use at the Old Fire Station Complex Tenant improvements list Security System: ADT security system to be installed to cover the Tribal area. Phones: Four phone lines to be installed for service by Pacific Bell Telephone. 3 phones and 1 designated fax line. Computers: A computer to be utilized at each desk, total of three. The Tribal computers are each independent and no need to have network cables. Furniture: The Tribe proposes to utilize listed furniture currently at site as well as bringing in desks, office chairs, file cabinets, tables, chairs and copy machines. Signage: Small signage at the entrance door to the Tribal office. We will work with City to meet specifications. Keys: Entrance to be re-keyed to be specific to Tribal use only and still work with the City master key. The storage areas to be re-keved for Tribal use only for protection of our files. EXHIBIT A-3 Juaneiio Band of Mission Indians ALLOWABLE USES BY LICENSEE FOR THE OLD FIRE STATION COMPLEX • Administrative office hours to the Tribal members and the public are 10:00 am to 5:00 p.m., Monday through Saturday. • The Tribal Council officer, (5) meet usually on Thursday evenings from 6:00 p.m. to 10:00 P.M. • Tribal General Council meetings are on the third Saturday of each month and meet from 1:00 p.m. to 4:00 p.m. Usually approximately 30-50 people,many with in walking distance. • Tribal Committee meetings are held on various days usually with in the normal business hours of the Tribal office and last 1-2 hours. Most have 3-6 members,only the newsletter folding committee has more members and they meet once a month to prepare the newsletter mailing.The newsletter committee always meets during normal Tribal office hours and has approximately 8 people helping and take 112 hours. • The Tribal office area would be arranged to be at the far end in the carpeted area, leaving the open area for multi use,Meetings,Tribal classes,or other Tribal programs. • The common area(kitchen and dining hall)could be utilized for the Tribal general council meetings.The Tribe will coordinate the use of the common area with the City's master calendar. • The Tribe will have access to the common area for the use of the restrooms. Exhibit B ao Juaneto Band of Mission Ittians Acjachemen Nation Non-Frost Jan Fnetre. O Damien SIWOOSemetary Christopher A.LobooCFO s o >ChEMEN NP February 12, 2003 Al King Community Services Director 31421 La Matanza Street San Juan Capistrano, CA 92675 Dear Al King: The JuaneHo Band of Mission Indians,Acjachemen Nation non-profit organization respectfully requests to extend our lease agreement with the City of San Juan Capistrano. Our usage of the activities portion of the Lacouague building. Our projected and continued use will remain within the agreement already in place. We are respectfully requesting to extend the agreement for 3 years to 5 years with the 1 year extention at the end. Please feel free to contact Jean Frietze at(714)376-8097 or Damien Shilo(949)254-5421 if you have any further questions. Very truly yours, Damien Shilo,Tribal Chairman Jean Frietze,Non-profit CEO Juanefto Band of Mission Indians JuaneHo Band of Mission Indians Acjachemen Nation Acjachemen Nation 31411-A La Mataora Street San Juan Capistrano CA 92675-2674 Phone(949)688-3484 Fax(949)488-3294 www.ivaoeno.com ATTACHMENT 2 Juaneno Band of Mission Indians ALLOWABLE USES BY LICENSEE FOR THE OLD FIRE STATION COMPLEX • Administrative office hours to the Tribal members and the public are 10:00 am to 5:00 p.m., Monday through Saturday. • The Tribal Council officer; (5) meet usually on Thursday evenings from 6:00 p.m. to 10:00 P.M. • Tribal General Council meetings are on the third Saturday of each month and meet from 1:00 p.m. to 4.00 p.m. Usually approximately 30-50 people,many with in walking distance. • Tribal Committee meetings are held on various days usually with in the normal business hours of the Tribal office and last 1-2 hours. Most have 3-6 members,only the newsletter folding committee has more members and they meet once a month to prepare the newsletter mailing.The newsletter committee always meets during normal Tribal office hours and has approximately 8 people helping and take 1 1/2 hours. • The Tribal office arra would be arranged to be at the far end in the carpeted area, leaving the open area for multi use,Meetings,Tribal classes,or other Tribal programs. • The common area(kitchen and dining hall)could be utilized for the Tribal general council meetings.The Tribe will coordinate the use of the common area with the City's master calendar. • The Tribe will have access to the common area for the use of the restrooms. Exhibit B F- • z •r'r•404 LU is F} / a Cis •/ V W g 1 i I .. � Fiwro WJ�9pyy,* 1 i 0 4 Oy3� •i .,z A M4.• • ••••fff•r}••f•• is Coll :Fo ff•If ff •••I�►11111 aa•afa•aaa•a•aaa . \ •'• • ,� �f✓trn m ; < c ••• all �ta'•�i d' axy •w. 32400 pASEG ADELANTD IA[111111111 SAN .JUAN CAPISTRANO, CA 92675 • [illlllttFl 1961 MEMBERS OF THE CITY COUNCIL (949) 493-1171 t776 DIANE L BATHGATE (949) 493-1053 (FAX) JOHN S.GELFF wwlr.sanjnancapistrano.arg WYATT HART • • JOE SOTO DAVID M.SWERDLIN CITY MANAGER May 23, 2003 GEORGESCARBOROUGH Mr. Damien Shilo, Tribal Chairman Juaneno Band of Mission Indians 31411 La Matanza, Ste A San Juan Capistrano, CA 92675 Dear Mr. Shilo: A fully executed, original License Agreement related to utilization of a portion of the "Old Fire Station" for Tribal Headquarters purposes is enclosed. We have on file current evidence of insurance as required by the agreement. Please keep in mind that this documentation must be maintained current with our office, or all work under this agreement must stop and all payments for services rendered will be withheld, until these documents are brought current. You may proceed with the terms of this agreement in coordination with the Project Manager, AI King, Jr., Community Services Director (949)493-5920. Yours truly, Me6CIek n, CMC Cit enclosed: Agreement cc: AI King, Jr., Community Services Director ORU6 USE IE San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO IMIM•MRI SAN .JUAN CAPISTRANO, CA 9267$ • I (949) 493-1171 MEMBERS OF THE CITYCOUNCIL Dunnw t96t (949) 493-1053 (FAX) 1776 DIANELBATHGATE • • JOHN S.GELFF 1vtvly sonjuancapistrano.org WYATT HART • • JOESOTO DAVID M.SWERDLIN CITYMANAGER May 23, 2003 GEORGESCARBOROUGH NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On May 20, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of Agreement for Use of Facilities at the Old Fire Station Site (Juaneno Band of Mission Indians, Acjachemen Nation)" Item No. Gla The following action was taken at the meeting: License Agreement approved for use of portions of the Old Fire Station facility by the Juaneno Band of Mission Indians, Acjachemen Nation, for administrative purposes and tribal activities; and, compliance of Council Policy 14 required If you have any questions regarding this action, please contact Al King, Jr., Community Services Director at 493-5920 for more detailed information. Thank you, Meg Monahan, CMC A� City Clerk Enclosed: Cc: Juaneno Band of Mission Indians*; Capistrano Beach Cities YMCA*; Jonathan Volzke, San Juan Community Task Force*; Tony Brown, San Juan Community Task Force*; AI King, Jr., Community Services Director oxuo-U a San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO MNNIIIp SAN JUAN CApI$TRANO, CA 92675 • ISIIIIISIH I 1961 MEMBERS OF THE CITYCOUNCIL (949) 493-1171 1776 (949) 493-1053 (FAX) JOHN S.GELFF DIANE .BATHGATE S. • • lvlvly sanj uancapistrano.org � WYATT HART • • JOESOTO DAVID M.SWERDLIN CITY MANAGER NOTIFICATION OF MEETING OF POTENTIAL INTEREST GEORGESCARBOROUGH OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m, on May 20, 2003 in the City Council Chamber in City Hall, to consider: "Consideration of Agreement for Use of Facilities at the Old Fire Station Site (Juaneno Band of Mission Indians, Acjachemen Nation)" — 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 City Hall by 5:00 p.m. on Monday, May 19, 2003 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak' form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Al King, Jr., Community Services Director. You may contact that staff member at (949) 493-5920 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas cDsanivancapistano.org. Meg M ah n, CMC City erk cc: Juaneno Band of Mission Indians*; Capistrano Beach Cities YMCA*; Jonathan Volzke, San Juan Community Task Force*; Tony Brown, San Juan Community Task Force*; Al King, Jr., Community Services Director * Received staff report aqua usE San Juan Capistrano: Preserving the Past to Enhance the Future CITY CLERK'S DEPARTMENT-ACTION REMINDER TO: Karen roc er, Services Director _ lfi�L LL CA 3 i `f r k0- DATE: May 1, 2006 SITUATION: At their meeting on May 20, 2003 the City Council of the City of San Juan Capistrano approved an agreement with the Juaneno Band of Mission Indians to utilize a portion of the real property known as the "Old Fire Station" for Tribal Headquarters purposes. ACTION REQUESTED: Said Agreement states services shall be completed by three (3) years from the effective date of this agreement, May 20, 2006. The agreement may be extended for an additional one (1) year period. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: Cow . A `tea'`^' DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: 42v LdL— DATE SIGNED: 5 -A - a8 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 05/01/06 Deadline Date: 05/20/06 (600.30/juanneno)