06-0801JUANENO BAND OF MISSION INDIANS_License Agreement0 !
LICENSE AGREEMENT
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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.
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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.
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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.
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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.
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(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;
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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.
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(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.
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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
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Exhibit A
Site Diagram
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Lacouague Building: 31411 La Matanza Street
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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.
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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.
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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
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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
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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.
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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.
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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.
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(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;
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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.
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(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.
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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
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Exhibit A
Site Diagram
Lacouague Building: 31411 La Matanza Street
Room #1
(Lounge)
790 sq. ft.
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(Nutrition Room)
985 sq. ft. swwe
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Office
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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.
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Exhibit C
Proposed Tenant Improvements
Proposed Tenant Improvements include*:
Installation and monitoring of security alarm system
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* 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.
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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