07-0403_CREER-COMUNIDAD Y FAMILIA_License Agreement0 0
LICENSE AGREEMENT
This License Agreement is made this 3 day of April , 2007, by and between the
City of San Juan Capistrano, hereinafter referred to as "City", and CREER-Comunidad y
Familia, hereinafter referred to as "CREER".
RECITALS:
WHEREAS, CREER is a nonprofit organization dedicated to providing quality social,
cultural, and recreational services to a targeted population of San Juan Capistrano; and
WHEREAS, CREER desires to utilize for administrative office purposes a portion of
the Stonefield Community Building, located at 31322 Camino Capistrano; and
WHEREAS, City desires to make available such facility to CREER for such
purposes under the terms and conditions set forth in this agreement.
NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND
CREER AS FOLLOWS:
Section 1. Grant of License.
City hereby grants a license to CREER for the purpose of allowing CREER to utilize
a portion of the Stonefield Community Building for administrative office purposes only.
The portion of the Stonefield Community Building, which is the subject of this
License grant, is specifically described in the Site Plan attached as Exhibits "A" and "B",
and incorporated herein by reference.
CREER is further entitled to make certain improvements. Any future improvements
desired by Licensee must be submitted in writing to the City, and then approved, in writing,
by the City.
Section 2. Facility Use Fees.
In consideration of the foregoing, the City agrees to provide a waiver of fees in the
sum of $142 per month, in addition to a monthly utility fee of $25 (Section 5), totaling $167.
Section 3. Allowable Uses.
CREER may not utilize the property for any other uses than those specifically set
forth in Exhibit "B", attached and incorporated herein by reference.
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Section 4. Term of License.
The term of this License shall be one (1) year from the effective date of this
Agreement. The Agreement may be extended for an additional one (1) year period upon
the mutual written agreement of both parties. In addition, CREER is hereby granted a
90 -day hold -over period with respect to the one year term wherein CREER may remain
upon the property for up to 90 days to accommodate any need CREER may have to
transition to another property.
Section 5. Utilities.
CREER shall be responsible for the cost of all utility services, except electricity, to
conduct activities within the building space authorized under this Agreement. City shall not
require sub -metering of authorized areas.
Telephone Services: Telephone -related expenses are the sole responsibility of
CREER. CREER shall be responsible for opening/closing facility for installation, repairs,
and/or removal of these services. City staff will not meet vendor for delivery, installation,
repair, nor removal appointments.
Section 6. No License Consideration.
Licensee shall not be required to pay a license consideration for the privilege of
utilizing property described in Exhibits "A" and "B".
Section 7. Use of Adjacent Meeting Room.
CREER agrees and understands that Capistrano Unified School District (CUSD)
reserves the right to allow groups and individuals to utilize the adjacent meeting room.
Section 8. Reservations to City
City reserves the right to enter the property at any reasonable time for the purpose
of inspection and/or repairs for which the City is responsible, or to carry out any municipal
function. This right shall not be exercised in any manner which will unreasonably interfere
with CREER's use of the premises.
Section 9. Condition of Premises.
CREER agrees to accept said facility in an "as is" condition, and agrees to assume
all further liability arising out of the condition of such facility.
Section 10. Maintenance. Repairs, and Improvements.
(a) Refundable Restoration Requirement: In orderto ensure that the facility is
returned to its original condition at the conclusion of this agreement, a refundable
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restoration deposit of $500 has been established. Any damage resulting from use of this
facility shall be corrected at CREER's expense. When vacating facility, if applicant does
not restore the site to its original condition, the cost to restore the facility shall be deducted
from this deposit. In the event that the costs exceed the deposit, CREER shall be invoiced
for the outstanding restoration costs. All monies remaining after restoration is completed
shall be refunded to CREER.
(b) Repairs and Damages. City shall be responsible for any major structural
repairs to the premises, including such items as leaking roofs, plumbing, and related
improvements, providing that the damage to be repaired has not been caused directly by
CREER's use of the premises. City shall also accept responsibility for the following items:
Exterior Painting
Roofing
Windows and Doors (excluding screen doors)
Exterior Wall Repair
HVAC and plumbing
Exterior Lighting
(c) Custodial Responsibilities. CREER shall be responsible for office and
storage rooms of the Stonefield Community Building.
(d) Tenant Improvements. CREER shall submit to the Community Services
Department, in writing, any desired changes/improvements to the Stonefield Community
Building. This shall include any modifications to existing walls, windows, floors, doors,
interior, and exterior. CREER must receive written approval from City prior to making any
improvements or modifications to the facility. All improvements shall be the financial
responsibility of CREER. Furthermore, CREER shall restore said facility back to its original
condition at the end of the use agreement, unless City provides written permission to leave
improvement in place.
Section 11. Insurance/Indemnity.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
(a) Comprehensive General Liability. Throughout the term of this
Agreement, Licensee shall maintain in full force and effect Comprehensive General
Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
(b) Proof of Insurance Requirements/Endorsement. CREER shall submit the
certificate of liability insurance, naming the City as additional insured, and an additional
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insured endorsement to the City for certification that the insurance requirements of this
Agreement have been satisfied.
(c) Notice of Cancel lation/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. CREER 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 CREER's use of said facilities under the
terms and conditions of this License Agreement.
Section 12. C nditions of Operation.
A. CREER 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.
B. CREER 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.
C. CREER shall submit a semi-annual performance report, due October 31,
2007, and March 31, 2008, to the Community Services Director in
accordance to City Council Policy 014. The report shall include:
1. Disclosure of all activities CREER 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 CREER's continued nonprofit status;
6. Information on the total revenue and expenditures received by
CREER during the reporting period, and disclosure of the sources of
that revenue.
E. Parking spaces adjacent to this facility shall be shared with Capistrano
Unified School District employees and the public. No parking spaces shall
be reserved for CREER.
F. Restrooms are to be kept locked when not in use. CREER must ensure
restroom is locked after each use.
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G. CREER is responsible for all furniture, equipment, and supplies for this
space usage.
H. City shall issue keys to names provided by CREER; all keys must be signed-
out in accordance with City procedure. When a person leaves CREER's
program, CREER must return the key to City so that person's name can be
removed from City records. CREER is not to re -issue any key to another
employee.
Section 13. Termination.
(a) This Agreement may be terminated upon the default of one of the parties.
In the event of a dispute between the parties, City and CREER 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 CREER 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, CREER 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 CREER. CREER shall restore
the property to its original condition without any cost to City.
Section 14. Entire Agreement.
This Agreement contains the entire Agreement of the parties hereto with respect to
the matters covered herein, and no other previous agreement, statement or promise made
by any party hereto which is not contained herein shall be binding or valid.
Section 15. Notices.
All notices, demands, consents, or other communications required to be
given under this agreement shall be accomplished by first class mail, postage prepaid, and
deposited in the U.S. mail, or personally served upon the other party.
To City:
Karen Crocker, Community Services Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
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To Licensee:
Ms. Adela Coronado -Greeley
26732 Via EI Socorro
San Juan Capistrano, CA 92675
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(b) Attorney's Fees. In the event any legal action or proceeding is
commenced to interpret or enforce the terms of, or obligations arising out of this
Agreement, or to recover damages for the breach thereof, the party prevailing in any such
action or proceeding shall be entitled to recover from the non -prevailing party all
reasonable attorney's fees, costs and expenses incurred by the prevailing party.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
CREER-Comunidad Y Familia
By:
Adela Coronado -Greeley, Pres dent
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a an, Cty lerk
APPROVED AS TO FORM:
John R. S6w, City Attorney
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EXHIBIT "A"
Site Plan
Camino Capistrano
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EXHIBIT "B"
Allowable Uses
Stonefield Community Building
CREER-Comunidad y Familia
Allowable Uses Include;
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• Administrative office hours shall be Monday - Friday, 8:00 a.m. - 9:00 p.m. and on
weekends when needed
• There shall be a maximum of four (4) workstations in this area
• The maximum number of persons to be in this area at any one time is ten (110)
• Types of activities to take place at this site include: administrative/office functions
• Storage of equipment and supplies is permitted only within the interior of the
office/storage area
• Applicant shall have access to adjacent restroom facilities
Applicant may not utilize the property for any other uses than those specifically established
in this agreement
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