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06-0801JUANENO BAND OF MISSION INDIANS_License Agreement0 ! LICENSE AGREEMENT t This License Agreement is made thisday of&dst, 2006, by and between the City of San Juan Capistrano, hereinafter referred q6 as "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 the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex, located at 31411 La Matanza Street, Suite A; and WHEREAS, City desires to make available such facility to Licensee for such purposes on a temporary basis under the terms and conditions set forth in this agreement. NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND 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 the Lacouague Building for Tribal Headquarters purposes only. The portion of the Lacouague Building, which is the subject of this License grant, is specifically described in the Site Plan attached as "Exhibits", incorporated herein by reference. Licensee is further entitled to make certain improvements as described in Exhibit C. Any future improvements desired by Licensee not listed in Exhibit C must be submitted in writing to the City, and then approved, in writing, by the City, prior to any improvement beginning. Under this License Agreement, Licensee has the right and sole discretion to deal with and manage members of the public who enter upon the premises 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 is a substantial inducement for City to grant this License. Licensee agrees to maintain its nonprofit status as a condition of this License. Failure to maintain this nonprofit status shall be considered a breach of this License subject to the termination provisions provided for in Section 12 herein. -1- S® 0 0 Section 2. Allowable Uses. Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit B, 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 up to a maximum of two (2) additional years, upon the mutual written agreement of both parties. In addition, Licensee is hereby granted a 90 -day hold -over period with respect to the term wherein Licensee may remain upon the property for up to 90 days to accommodate any need Licensee may have to transition to another property. The monthly reimbursement will be required during this holdover period. Section 4. Utilities. Licensee shall be responsible for the cost of all utility services required in conducting business within the building space authorized under this Agreement. City shall not require sub -metering of authorized area and will establish a utility reimbursement formula based on Licensee's allocation of square footage occupied. Telephone/Television/Cable Television or Internet Services: Expenses related to any and all of these services are the sole responsibility of Licensee. Licensee shall be responsible for opening/closing facility for installation, repairs, and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, or removal appointments. Section 5. No License Consideration. Licensee shall not be required to pay a license consideration for the privilege of utilizing property described in Exhibit A. Section 6. Use of Adjacent Meeting Room. Licensee agrees and understands that City reserves the right to allow groups and individuals to utilize the adjacent meeting room. Licensee shall submit a facility use application to the Community Services Department for use of Meeting Room (Room 2). Licensee has permission to use this room only when in possession of a City -approved facility use application. -2- 0 0 During the term of this agreement, usage fees will be required when Licensee requests use of City facilities other than Room #3 and/or the Reception Office. These usage fees shall be as follows during the term of this agreement: Lacouague Building Room #2: $12 per hour. Licensee's use of other City facilities shall be charged at the non-profit rate listed in the City's fee resolution schedule, which has been adopted by City Council action. Section 7. Maintenance, Repairs, and Improvements (a) Reimbursement for City Maintenance and Utilities. Licensee shall reimburse City in the total amount of Six Hundred Eighty Dollars ($680) per month, which is equivalent to 43¢ per square foot. This amount shall consist of a reimbursement for landscaping and building hardscape maintenance services provided bythe City, in addition to reimbursing the City for electricity, water, and natural gas usage. This reimbursement shall be made payable to City in advance of the first day of each month. The check is to be made payable to the City of San Juan Capistrano. The monthly reimbursement shall be submitted directly to the Community Services Department located at the Community Center. 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) Restoration Requirement: City retains the right to require that Licensee restore building site to its condition prior to Licensee's occupancy when Licensee vacates the premises. If Licensee does not restore the premises to the original condition upon vacating premises, Licensee will be provided (within thirty [30] days of vacating) with a written explanation of restoration expenses, along with an invoice for these expenses. Licensee must pay this invoice within sixty (60) days of postage date. Further, any damage resulting from use of facility shall also be corrected at Licensee's expense. (c) Repairs and Damages. City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related improvements, providing that the damage tb be repaired has not been caused directly by Licensee's use of the premises. City shall accept responsibility for the following items: Exterior painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, plumbing. (d) Custodial Responsibilities. Licensee shall be responsible for all arrangements and costs to provide custodial service to Room #3 and the Reception Office. City shall be responsible for all arrangements to provide custodial service for the restrooms and the Meeting Room (Room #2) in the Lacouague Building. -3- 9 0 Licensee and/or the custodial staff shall be responsible for placing rubbish and recycle materials in the appropriate locked dumpster located on site. They shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. (e) Tenant Improvements. Licensee shall submit to the Community Services Department, in writing, any desired changes/improvements to Room #3 and/or the Reception Office of the Lacouague Building. This shall include any modifications to existing walls, ceiling, windows, flooring, doors, lighting, interior, exterior, etc. Licensee must receive written approval from City prior to making any improvements or modifications to the facility. All improvements and their maintenance shall be the financial responsibility of Licensee. 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 Licensee's use of the premises. Section 9. Condition of Premises. Licensee agrees to accept said facility in "as is" condition, and agrees to assume all further liability arising out of the condition of such facility, once a final inspection is completed jointly by both parties. Section 10. 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. -4- • • / (b) Proof of Insurance Requirements/Endorsement. Licensee shall submit the certificate of liability insurance, naming the City as additional insured, and an additional insured endorsement to the City for certification that the insurance requirements of this Agreement have been satisfied. (c) Notice of Can cellation/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 agrees to indemnify, protect, defend, and hold harmless City, its elected and appointed officials, and employees from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys' fees, for damages to property, injuries or death of any persons arising out of Licensee's use of said facility under the terms and conditions of this Agreement. Section 11. Conditions of Operation. (a) The hours of operation shall be 9:00 am to 5:00 pm, Monday through Friday. Allowable uses are defined in Exhibit B. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. (b) Licensee shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the aforesaid facility. (c) Licensee shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency. (d) Licensee shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. (e) Licensee shall submit a semi-annual performance report, due January 31 and July 31 each year to the Community Services Director in accordance to City Council Policy 014. The report shall include: 1. Disclosure of all activities the Licensee 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- 0 0 5. Proof of the Licensee's continued non-profit status; 6. Information on the total revenue received by the Licensee during the reporting period, and disclosure of the sources of that revenue. (f) Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for Licensee. City shall retain the right to exclusive use of parking spaces for City business at any time. Parking for the Tribal General Council meetings, held on the third Saturday of each month, shall be restricted as follows: 1. Attendees may park in the Old Fire Station parking lot and the public parking lot on the corner of EI Horno Street and EI Camino Real. 2. All parking must be done in a legal manner (i.e. no double parking) 3. No attendee parking is permitted along either side of the streets of EI Horno and La Matanza. That area is to remain available for the residents and their guests to park. Licensee shall be responsible for ensuring that attendees park in the permitted areas in a legal manner. (g) Restrooms are to be kept locked when not in use. Licensee must ensure restroom is locked after each usage and at the close of business daily, as well as after special usage at times other than during the regular business day. (h) Licensee is responsible for all furniture, equipment, and supplies for this space usage. All items brought in by Licensee must be removed at the end of the term of the agreement. City does not grant permission for items to remain in the facility once the term of the agreement ends. (i) City shall issue keys to the individuals whose names are provided by Licensee; all keys must be signed-out in accordance with City procedure. When a person leaves Licensee's program, Licensee must return the key to City so that person's name can be removed from City records. Licensee is not permitted to re -issue any key. Section 12. Termination. (a) This Agreement may be terminated upon the default of one of the parties. In the event of a dispute between the parties, City and 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. 19V 0 0 (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, Licensee 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 Licensee. Licensee shall restore the property to its original condition without any cost to City. Section 13. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered herein, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. Section 14. 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: Karen Crocker, Community Services Director City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 To Licensee: Anthony Rivera, Jr., Chairman/CEO Juaneno Band of Mission Indians 31411 La Matanza Street, Suite A San Juan Capistrano, CA 92675 (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. -7- 0 0 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF SAN JUAN CAPIST N By: David M. Sw rdlin, Mayor JUANEN BAND OF MIS ION INDIANS By: Antho y Rive , J ., Chair n EO Attached Exhibits: A. Site Diagram B. Allowable Uses C. Proposed Tenant Improvements 0 Exhibit A Site Diagram 0 Lacouague Building: 31411 La Matanza Street m»5 LD VJ 0 E 0 n� Exhibit B Allowable Uses • Administrative office hours to the Tribal office shall be 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage will be minimal, with an attendance of 10 people or less on those various weekend usages. Exception: Tribal General Council meetings. • Tribal General Council meetings are held on the third Saturday of each month from 1:00 to 4:00 pm. See Section 11(f) regarding parking restrictions. • The Tribal Council officers (5) usually meet on Thursday evenings until 10:00 pm. • Tribal committee meetings are held on various days throughout each month, usually during business hours. These committees have an attendance of 10 or less. • The Tribal space will be arranged in such a way as to permit open areas for meetings, classes, and projects. • Tribal usage of any City facility space other than the Reception Office and Room #3 identified on Exhibit A is permitted only when the group is in possession of a City - approved facility use application. A fee for use of these facilities shall be charged in accordance with Section 6 of this License Agreement. • Licensee shall confine use of the Old Fire Station site to indoor usage of the Lacouague Building only. Picnicking or gathering on the lawn area located at the corner of EI Horno and La Matanza Streets is not permitted. • Licensee shall not store items in any City refrigerator. • Licensee shall have access to the common area for use of the restrooms. Licensee may not utilize the property for any other uses than those specifically established in this License Agreement. -10- 0 0 Exhibit C Proposed Tenant Improvements Proposed Tenant Improvements include*: Installation and monitoring of security alarm system * Licensee to receive City -approval prior to work beginning on any improvement Note: Licensee shall be responsible for the purchasing, installation, upkeep, repairs, and removal/restoration associated with all City -approved tenant improvements. Licensee shall be responsible for opening/closing facility for installation, repairs, and/or removal of these improvements. City staff will NOT meet vendor(s) for delivery, installation, repair, or removal appointments. - 11 - 0 32400 PASCO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 F. www.sanjuancapisti'ano.org August 2, 2006 Or Joe* r �l, I(I[Al1AAAtfA • tstalutefo � 1961 1776 Anthony Rivera Juaneno Band of Mission Indians 31411-A La Matanza St. San Juan Capistrano, CA 92675 Dear Mr. Rivera: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A fully executed, original License Agreement related to use of the Old Fire Station Recreation Complex is enclosed for your records. Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. You may proceed with work under this agreement in coordination with the project manager, Linda Evans, Community Services Manaqer (949) 443-6390. cc: Linda Evans, Community Services Manager Terry Shearman San Juan Capistrano: Preserving the Past to Enhance the Future 8/1/2006 D8 AGENDA REPORT TO: Dave Adams, City Manager G(A FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of License Agreement for Use of Portion of the Lacouague Building at 31411 La Matanza Street (Juaneno Band of Mission Indians) RECOMMENDATION: By motion, approve the license agreement between the City of San Juan Capistrano and Juaneno Band of Mission Indians for the use of a portion of the Lacouague Building. SITUATION: A. Summary and Recommendation The Juaneno Band of Mission Indians (Tribe) has requested that their use of a portion of the Lacouague Building be continued upon the expiration of their License Agreement with the City. Further, they have requested to expand their usage of the Lacouague Building to include the "Reception Office", which adjoins their existing office space. Staff recommends that a three (3) year license agreement with an extension option of up to two (2) additional years be forwarded to City Council with a recommendation of approval. This includes the building space they have used since 2000, in addition to the additional space in the "Reception Office". B. Background The City entered into a License Agreement with the Juaneno Band of Mission Indians (Tribe) in 2000 to use a portion of the Lacouague Building for their tribal office. This was a three (3) year agreement. In 2003 the City entered into another three (3) year License Agreement with the Tribe. This agreement expired in May 2006, so the Tribe is now on a month-to-month basis for the use of the Lacouague Building until the new agreement is approved. The Community Services Department has monitored the Tribe's use of the Lacouague Building over the past six years. The only complaints received were from residents that were concerned with parking conditions on dates when the group hosts their monthly General Council meetings. To address the neighbors 9 0 Agenda Report Page 2 August 1, 2006 concerns, this agreement places restrictions on where attendees are permitted to park. This is to allow residents parking for themselves and their guests. This has been discussed with a Tribal representative, and the Tribe understands they will be responsible for ensuring that attendees park in the permitted areas. The Tribe's usage of the Lacouague Building includes: Tribal administrative activities, daily visits from tribal members, and various meetings. Some of the meetings are held on a monthly basis, while other meetings are held on an as - needed basis. Office hours will be 9:00 am — 5:00 pm, Monday through Friday. Weekend and evening usage will be minimal and occasional, with an attendance of 10 people or less on those various usages. The only exception would be the Tribal General Council meetings that are held on the third Saturday of each month The Beach Cities YMCA utilized the Reception Office for administrative purposes from 2000 until they relocated their offices to San Clemente earlier this year. Since this office adjoins the existing building space used by the Tribe, staff finds the group's expansion to the office space a good fit. Expanding the space used by the Tribe will allow the group to provide a more professional working environment that will bring about a higher level of guest service to both member and the general public. When the Tribe has need for expanded meeting space, they will be required to reserve the Meeting Room of the Lacouague Building, or any other City facility, in accordance with Section 6 of the attached License Agreement. The primary focus areas of this organization include tribal business, support for tribal members, educational tools for the general public, and outreach to both tribal and non -tribal community through the tribal website. C. Overview of the License Agreement The proposed license agreement (Attachment 1) addresses a variety of issues, some of which include: allowable uses, term of license, reimbursement costs, utility responsibilities, tenant improvements, maintenance and repairs, insurance and indemnity, and termination of the agreement. Council Policy 14, "Non-profit Public Benefit Corroborations", was established to ensure that nonprofit public benefit organizations that enter into agreements with the City for use of City facilities are not for the private benefit of any individual. In consideration of this policy, the proposed License Agreement (Attachment 1) includes a requirement that the Tribe will be required to continue to submit a report to the City every six months describing the services provided through this facility. Failure to submit to the City the required performance reports shall make 0 0 Agenda Report Page 3 August 1, 2006 the organization ineligible for a continuation of the license agreement with the City of San Juan Capistrano. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: This item was presented to the Parks, Recreation, and Equestrian Commission at their July 17, 2006 meeting. At that time, the Commission voted unanimously to forward a recommendation of approval to the City Council. FINANCIAL CONSIDERATIONS: The Tribe has agreed, under Section 7, Maintenance, Repairs, and Improvements, of the proposed License Agreement to reimburse the City the amount of $680 per month, which includes landscaping and building premises hardscape maintenance services, and utilities used by the organization. NOTIFICATION: Mr. Anthony Rivera, Jr., Chairman/CEO, Juaneno Band of Mission Indians" Ms. Terry Shearman, Director, South Orange County Family Resource Center ' Mailed copy of agenda report RECOMMENDATION: By motion, approve the license agreement between the City of San Juan Capistrano and Juaneno Band of Mission Indians for the use of a portion of the Lacouague Building. Respectfully submitted, Karen Crocker Community Services Director Attachments: 1. Proposed License Agreement 2. Location Map Prepared by, Linda' s Community Services Manager LICENSE AGREEMENT This License Agreement is made this _day of , 2006, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the Juaneno Band of Mission Indians, a nonprofit corporation (hereinafter "Licensee"). RECITALS: WHEREAS, Licensee desires to utilize for Tribal Headquarters purposes a portion of the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex, located at 31411 La Matanza Street, Suite A; and WHEREAS, City desires to make available such facility to Licensee for such purposes on a temporary basis under the terms and conditions set forth in this agreement. NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND 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 the Lacouague Building for Tribal Headquarters purposes only. The portion of the Lacouague Building, which is the subject of this License grant, is specifically described in the Site Plan attached as "Exhibits", incorporated herein by reference. Licensee is further entitled to make certain improvements as described in Exhibit C. Any future improvements desired by Licensee not listed in Exhibit C must be submitted in writing to the City, and then approved, in writing, by the City, prior to any improvement beginning. Under this License Agreement, Licensee has the right and sole discretion to deal with and manage members of the public who enter upon the premises 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 is a substantial inducement for City to grant this License. Licensee agrees to maintain its nonprofit status as a condition of this License. Failure to maintain this nonprofit status shall be considered a breach of this License subject to the termination provisions provided for in Section 12 herein. ME Attachment 1 Section 2. Allowable Uses. Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit B, 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 up to a maximum of two (2) additional years, upon the mutual written agreement of both parties. In addition, Licensee is hereby granted a 90 -day hold -over period with respect to the term wherein Licensee may remain upon the property for up to 90 days to accommodate any need Licensee may have to transition to another property. The monthly reimbursement will be required during this holdover period. Section 4. Utilities. Licensee shall be responsible for the cost of all utility services required in conducting business within the building space authorized under this Agreement. City shall not require sub -metering of authorized area and will establish a utility reimbursement formula based on Licensee's allocation of square footage occupied. Telephone/Television/Cable Television or Internet Services: Expenses related to any and all of these services are the sole responsibility of Licensee. Licensee shall be responsible for opening/closing facility for installation, repairs, and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, or removal appointments. Section 5. No License Consideration. Licensee shall not be required to pay a license consideration for the privilege of utilizing property described in Exhibit A. Section 6. Use of Adjacent Meeting Room. Licensee agrees and understands that City reserves the right to allow groups and individuals to utilize the adjacent meeting room. Licensee shall submit a facility use application to the Community Services Department for use of Meeting Room (Room 2). Licensee has permission to use this room only when in possession of a City -approved facility use application. -2- During the term of this agreement, usage fees will be required when Licensee requests use of City facilities other than Room #3 and/or the Reception Office. These usage fees shall be as follows during the term of this agreement: Lacouague Building Room #2: $12 per hour. Licensee's use of other City facilities shall be charged at the non-profit rate listed in the City's fee resolution schedule, which has been adopted by City Council action. Section 7. Maintenance. Repairs. and Improvements (a) Reimbursement for City Maintenance and Utilities. Licensee shall reimburse City in the total amount of Six Hundred Eighty Dollars ($680) per month, which is equivalent to 43¢ per square foot. This amount shall consist of a reimbursement for landscaping and building hardscape maintenance services provided by the City, in addition to reimbursing the City for electricity, water, and natural gas usage. This reimbursement shall be made payable to City in advance of the first day of each month. The check is to be made payable to the City of San Juan Capistrano. The monthly reimbursement shall be submitted directly to the Community Services Department located at the Community Center. 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) Restoration Requirement: City retains the right to require that Licensee restore building site to its condition prior to Licensee's occupancy when Licensee vacates the premises. If Licensee does not restore the premises to the original condition upon vacating premises, Licensee will be provided (within thirty [30] days of vacating) with a written explanation of restoration expenses, along with an invoice for these expenses. Licensee must pay this invoice within sixty (60) days of postage date. Further, any damage resulting from use of facility shall also be corrected at Licensee's expense. (c) Repairs and Damages. City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related improvements, providing that the damage to be repaired has not been caused directly by Licensee's use of the premises. City shall accept responsibility for the following items: Exterior painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, plumbing. (d) Custodial Responsibilities. Licensee shall be responsible for all arrangements and costs to provide custodial service to Room #3 and the Reception Office. City shall be responsible for all arrangements to provide custodial service for the restrooms and the Meeting Room (Room #2) in the Lacouague Building. -3- 0 0 Licensee and/or the custodial staff shall be responsible for placing rubbish and recycle materials in the appropriate locked dumpster located on site. They shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. (e) Tenant Improvements. Licensee shall submit to the Community Services Department, in writing, any desired changes/improvements to Room #3 and/or the Reception Office of the Lacouague Building. This shall include any modifications to existing walls, ceiling, windows, flooring, doors, lighting, interior, exterior, etc. Licensee must receive written approval from City prior to making any improvements or modifications to the facility. All improvements and their maintenance shall be the financial responsibility of Licensee. 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 Licensee's use of the premises. Section 9. Condition of Premises. Licensee agrees to accept said facility in "as is" condition, and agrees to assume all further liability arising out of the condition of such facility, once a final inspection is completed jointly by both parties. Section 10. 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. -4- • W (b) Proof of Insurance Requirements/Endorsement. Licensee shall submit the certificate of liability insurance, naming the City as additional insured, and an additional insured endorsement to the City for certification thatthe 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 agrees to indemnify, protect, defend, and hold harmless City, its elected and appointed officials, and employees from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys' fees, for damages to property, injuries or death of any persons arising out of Licensee's use of said facility under the terms and conditions of this Agreement. Section 11. Conditions of Operation. (a) The hours of operation shall be 9:00 am to 5:00 pm, Monday through Friday. Allowable uses are defined in Exhibit B. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. (b) Licensee shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the aforesaid facility. (c) Licensee shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency. (d) Licensee shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. (e) Licensee shall submit a semi-annual performance report, due January 31 and July 31 each year to the Community Services Director in accordance to City Council Policy 014. The report shall include: 1. Disclosure of all activities the Licensee 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- E 0 5. Proof of the Licensee's continued non-profit status; 6. Information on the total revenue received by the Licensee during the reporting period, and disclosure of the sources of that revenue. (f) Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for Licensee. City shall retain the right to exclusive use of parking spaces for City business at any time. Parking for the Tribal General Council meetings, held on the third Saturday of each month, shall be restricted as follows: 1. Attendees may park in the Old Fire Station parking lot and the public parking lot on the corner of EI Horno Street and EI Camino Real. 2. All parking must be done in a legal manner (i.e. no double parking) 3. No attendee parking is permitted along either side of the streets of EI Horno and La Matanza. That area is to remain available for the residents and their guests to park. Licensee shall be responsible for ensuring that attendees park in the permitted areas in a legal manner. (g) Restrooms are to be kept locked when not in use. Licensee must ensure restroom is locked after each usage and at the close of business daily, as well as after special usage at times other than during the regular business day. (h) Licensee is responsible for all furniture, equipment, and supplies for this space usage. All items brought in by Licensee must be removed at the end of the term of the agreement. City does not grant permission for items to remain in the facility once the term of the agreement ends. (i) City shall issue keys to the individuals whose names are provided by Licensee; all keys must be signed-out in accordance with City procedure. When a person leaves Licensee's program, Licensee must return the key to City so that person's name can be removed from City records. Licensee is not permitted to re -issue any key. Section 12. Termination. (a) This Agreement may be terminated upon the default of one of the parties. In the event of a dispute between the parties, City and 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. M 0 0 (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, Licensee 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 Licensee. Licensee shall restore the property to its original condition without any cost to City. Section 13. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered herein, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. Section 14. 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: Karen Crocker, Community Services Director City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 To Licensee: Anthony Rivera, Jr., Chairman/CEO Juaneno Band of Mission Indians 31411 La Matanza Street, Suite A San Juan Capistrano, CA 92675 (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. -7- 0 0 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ryili �i 1/m,iI r I � CITY OF SAN JUAN CAPISTRANO M David M. Swerdlin, Mayor JU7A4nt BAND OF MIS ION INDIANS By: ` o y Rive , J ., Chair EO Attached Exhibits: A. Site Diagram B. Allowable Uses C. Proposed Tenant Improvements 0 0 Exhibit A Site Diagram Lacouague Building: 31411 La Matanza Street Room #1 (Lounge) 790 sq. ft. INE Room #2 14"% Rae P Meeting Room (Nutrition Room) 985 sq. ft. swwe Kitchen LD CO) Reception Office POnby Office 7sq. 0 E 0 340 ft a. X Parldng Lll (A 00, 11sq0 �4 cb, by t N, INE 0 0 Exhibit B Allowable Uses • Administrative office hours to the Tribal office shall be 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage will be minimal, with an attendance of 10 people or less on those various weekend usages. Exception: Tribal General Council meetings. • Tribal General Council meetings are held on the third Saturday of each month from 1:00 to 4:00 pm. See Section 11(f) regarding parking restrictions. • The Tribal Council officers (5) usually meet on Thursday evenings until 10:00 pm. • Tribal committee meetings are held on various days throughout each month, usually during business hours. These committees have an attendance of 10 or less. • The Tribal space will be arranged in such a way as to permit open areas for meetings, classes, and projects. • Tribal usage of any City facility space other than the Reception Office and Room #3 identified on Exhibit A is permitted only when the group is in possession of a City - approved facility use application. A fee for use of these facilities shall be charged in accordance with Section 6 of this License Agreement. • Licensee shall confine use of the Old Fire Station site to indoor usage of the Lacouague Building only. Picnicking or gathering on the lawn area located at the corner of EI Homo and La Matanza Streets is not permitted. • Licensee shall not store items in any City refrigerator. • Licensee shall have access to the common area for use of the restrooms. Licensee may not utilize the property for any other uses than those specifically established in this License Agreement. -10- 0 Exhibit C Proposed Tenant Improvements Proposed Tenant Improvements include*: Installation and monitoring of security alarm system P * Licensee to receive City -approval prior to work beginning on any improvement Note: Licensee shall be responsible for the purchasing, installation, upkeep, repairs, and removal/restoration associated with all City -approved tenant improvements. Licensee shall be responsible for opening/closing facility for installation, repairs, and/or removal of these improvements. City staff will NOT meet vendor(s) for delivery, installation, repair, or removal appointments. -11- T c Arts &Crafts Room Reception Area Old `t5 F w.o Ubmy .i 1 G� �r Oi t i ti I� Lr Lw...:, . . Y.• miresDel Avion ATTACHMENT 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org IA[AAIAAARO DlAulsem 1961 1776 MEMBERS OF THE CIN COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE MATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on August 1, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement for Use of Portion of the Lacouague Building a 31411 La Matanza Street (Juaneno Band of Mission Indians)" — Item No. D8. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, July 31, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Linda Evans, Community Services Manager. You may contact that staff member at (949) 949-443- 6390 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.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-agendas5sanqua ncaoistrano. ora. Meg Monahan, CMC City Clerk cc: Mr. Anthony Rivera, Jr., Chairman/CEO, Juaneno Band of Mission Indians*; Ms. Terry Shearman, Director, South Orange County Family Resource Center"; Karen Crocker, Community Services Director; Linda Evans, Community Services Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% Recycled Paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org August 2, 2006 0 JNau � i Inca ISO RATE (STAB LISHED 1961 1776 An NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN On August 1, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of License Agreement for Use of Portion of the Lacouague Building a 31411 La Matanza Street (Juaneno Band of Mission Indians)" Item No. D8. The following action was taken at the meeting: License agreement between the City of San Juan Capistrano and Juaneno Band of Mission Indians, for use of a portion of the Lacouague Building, approved. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Linda Evans, Community Services Manager at 949-443-6390 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Mr. Anthony Rivera, Jr., Chairman/CEO, Juaneno Band of Mission Indians*; Ms. Terry Shearman, Director, South Orange County Family Resource Center*; Karen Crocker, Community Services Director; Linda Evans, Community Services Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% Recycled Paper