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06-0606_JUNIPERO SERRA HIGH SCHOOL_Joint Facilities Use Agr JOINT FACILITIES USE AGREEMENT BETWEEN JUNIPERO SERRA HIGH SCHOOL AND CITY OF SAN JUAN CAPISTRANO THIS JOINT FACILITIES USE AGREEMENT ("Agreement") is made and entered into to be effective on the 6`h day of June, 2006, by and between the City of San Juan Capistrano (the"CITY") and Junipero Serra High School, dba JSerra Catholic High School ("JSerra"). RECITALS: 1. JSerra is constructing athletic facilities on its South Campus at 30782 Camino Capistrano, San Juan Capistrano, California. 2. A condition of the Development Agreement between the CITY and JSerra requires that a joint use agreement be entered into that authorizes community sports organizations to utilize certain use of JSerra's athletic facilities. The CITY has determined that such athletic facilities are suitable for use for community and sports programs. 3. This Agreement was required by conditions of approval for the Architectural Control for the project, in addition to the Development Agreement. The Environmental Impact Report and adoption of the statement of overriding considerations for JSerra High School South Campus on October 14, 2004, identified a public benefit by providing competitive-level recreation facilities to City residents by making JSerra's practice fields available for public use when not required by JSerra school. - 1 - SD 4. The CITY and JSerra therefore desire to enter into this Agreement to provide for the CITY's use of certain of JSerra athletic facilities in accordance herewith. AGREEMENT: NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Purpose of the Agreement. The purpose of this Agreement is for the CITY and JSerra to work together to provide the community use of certain athletic facilities at JSerra as a public benefit to the residents and to provide for the sharing of certain costs relating to the use and maintenance of such facilities. 2. Use of JSerra's Athletic Facilities by the CITY. (a) JSerra hereby grants to CITY the following: (i) the right to use during non-school hours and when not otherwise required by JSerra certain outdoor athletic facilities located on JSerra's campus, consisting of the soccer practice fields, softball fields, JV baseball field, tennis courts, outdoor restrooms, and parking lot detailed in Exhibit "A" hereto (the "Athletic Facilities") to conduct community recreation and sports programs; and, (ii) the right to coordinate and schedule use by the community groups of the Athletic Facilities during non-school hours and when not otherwise required by JSerra, subject to JSerra's approval of such community group users, which shall not be unreasonable withheld by JSerra. - 2 - 3. Scheduling the Use of the Athletic Facilities. (a) The CITY shall be responsible for and have the authority to schedule community use of the Athletic Facilities during non-school hours. (b) For purposes of this Agreement, "school hours" are defined to be from 6:00 a.m. to 6:00 p.m. Monday through Friday and 7:00 a.m. to noon on Saturdays. It is understood and agreed that the starting and ending times for school hours may change from time to time, and that the actual starting and ending times, relative to the implementation of paragraph 3,will be determined by JSerra prior to the commencement of each school semester. (c) JSerra shall have the exclusive use of the Athletic Facilities during school hours and when required during non-school hours. (d) The CITY shall schedule all community use of the Athletic Facilities during non-school hours. The CITY shall establish a system to provide for the coordination and scheduling of the use of each of the Athletic Facilities, including a procedure for reserving the use of the Athletic Facilities and assigning priorities for such use according to the CITY's established use fee Administrative Policy # 607. In the event JSerra requires the use of the Athletic Facilities during non-school hours, it shall provide the CITY with a minimum of five (5) days advance notice of such use; provided, however, that if JSerra requires use of the Athletic Facilities for CIF sanctioned play off games, then JSerra shall only be required to provide advance notice as soon as is reasonably practicable. JSerra's requested use of the Athletic Facilities during non-school hours, including CIF sanctioned play off games will have priority over other community groups utilizing the facilities and the notice provisions are provided so the CITY may inform the permitted users that they will not be able to use the Athletic Facilities. - 3 - (e) The CITY shall ensure that each person or organization who uses the Athletic Facilities pursuant to this Agreement shall have in effect at the time of such use general liability insurance coverage in the amount of at least one million dollars ($1,000,000) per occurrence, and that the CITY, JSerra and JSerra's general contractor, Bluefin Construction, are named as additional insureds on the applicable insurance policies. 4. Maintenance of Athletic Facilities. (a) J Serra shall be responsible for all maintenance, and repair of the Athletic Facilities, including, but not limited to, regularly scheduled maintenance and any necessary repair of the artificial turf, outdoor restrooms, parking areas and tennis courts. The CITY shall reimburse JSerra at the rate of 50% of the total hourly rental fee charged to the groups utilizing the Athletic Facilities. This reimbursement will serve as the CITY's obligation towards the maintenance costs of the Athletic Facilities. The CITY will provide JSerra with a quarterly report that reflects the income from facility users and the number of hours the Athletic Facilities were rented in such quarter and payment of CITY's quarterly reimbursement amount. In addition, the CITY shall reimburse JSerra at the rate of$20.00 per hour for electrical utility costs associated with the CITY's use of the lighted tennis courts. The parties agree to review the maintenance and repair expense provisions herein on the first anniversary of the Agreement, to evaluate whether any adjustments are appropriate. 5. Use of Other JSerra Facilities. The CITY, persons and organizations who use the Athletic Facilities pursuant to permits issued by the CITY shall have access as reasonably necessary in order to utilize the Athletic Facilities and shall be able to use the parking areas as shown on Exhibit "A". The CITY and JSerra agree to discuss entering into a separate joint use agreement for the - 4 - swimming pool facilities to be constructed on JSerra's campus; provided, however, any such use agreement shall be: (i)subject to all applicable use restrictions on the swimming pool facilities; (ii) CITY's use pursuant to such separate agreement would be on a limited basis involving availability only when no use of the pool facilities is scheduled by or through JSerra, and (iii) subject to a separate use fee based on the operating expenses and costs for the pool facilities. 6. Charges for Use of the Athletic Facilities. The CITY shall charge the persons and organizations who use the Athletic Facilities during non-school hours a user fee or charge for such use as set by resolution of City Council. The purpose of this fee is for the CITY to recover the costs it incurs in scheduling the use of and shared costs of maintaining and repairing the Athletic Facilities. JSerra shall not be charged for its use of the Athletic Facilities at any time. JSerra shall not charge the CITY or any community organizations who use the Athletic Facilities pursuant to permits issued by the CITY for the use of the Athletic Facilities during non-school hours. 7. Security. (a) The CITY shall at its own expense be responsible for monitoring, supervising, and providing security for the Athletic Facilities while they are being utilized by the community pursuant to this Agreement. (b) The CITY's monitoring, supervision, and security is intended to ensure that only permitted persons or organizations utilize the Athletic Facilities and that such persons or organizations comply with rules and regulations of both the CITY and JSerra and that the persons or organizations using the Athletic Facilities do not use, disrupt or damage JSerra's other athletic facilities that are not subject to this Agreement. - 5 - (c) JSerra shall have no duty or obligation to monitor, supervise, or provide security for the Athletic Facilities when they are being utilized by the community pursuant to this Agreement. 8. User Rules and Regulations. (a) All persons or organizations who are issued a permit through the CITY for the use of the Athletic Facilities shall be required to comply with Administrative Policy #607, which regulates athletic field usage, defining user priority, reservation procedures, fees, and general rules. Use of amplified sound systems by all persons or organizations that are issued a permit through the CITY shall be governed by CITY Council Policy#508 (Use Of Amplified Sound System Within Public Parks). Use of the amplified sound systems by JSerra will be governed by the project approvals granted by the CITY. (b) In addition to the CITY's Administrative Policy #607, all users through the CITY's permit process shall comply with JSerra's rules and regulations regarding use of its Athletic Facilities. JSerra shall provide the CITY with a copy of its written rules and regulations regarding use of JSerra's Athletic Facilities, as may be modified or amended from time to time. (c) All users of the Athletic Facilities through the CITY's permit process shall comply with City Council Policy #509, Code of Conduct at Athletic Activities. (d) JSerra, at all times, shall have the exclusive right to sell food, drink, and other concession items at the Athletic Facilities. No other person or organization shall be permitted to sell food, drink, or other concession items at the Athletic Facilities without JSerra's prior written consent. JSerra shall be entitled to retain the proceeds of all concession sales at the Athletic Facilities. 6 - 9. Term. The term of this Agreement shall be for five (5) years commencing July 1, 2006, subject to delays encountered by JSerra in completing construction of the Athletic Facilities. This Agreement may be terminated by either party with one hundred eighty(180) days prior written notice to other party. Upon written agreement of both parties, this Agreement may be extended for additional five (5) year terms. 10. Cooperation of the Parties. The CITY and JSerra shall cooperate and take all actions reasonably necessary to achieve the purposes of this Agreement. Each party shall designate a particular person to be responsible for the performance of that party's duties and responsibilities pursuant to this Agreement. In addition, an annual review of the agreement shall be performed to assure that the conditions of the agreement are satisfactory to both parties. 11. Indemnification and Insurance. (a) The CITY shall indemnify, defend, save, and hold harmless JSerra and it's officers, directors, employees, contractors, and agents to the full extent authorized by law from any and all claims or causes of action for injury of persons, including death, or damages to property resulting from the use of the Athletic Facilities pursuant to this Agreement. The CITY shall maintain, at all times this Agreement is in force, general liability insurance, self-insurance, or liability coverage through a self-insurance pool of not less than one million dollars ($1,000,000.00). (b) JSerra shall indemnify, defend, save, and hold CITY harmless to the extent authorized by law from any and all claims or causes of action for injury of persons, - 7 - including death, or damages to property, resulting from or which may arise by reason of: (i) JSerra's gross negligence or willful misconduct, or (ii) JSerra's failure to correct or repair any dangerous or defective condition of equipment or other improvements installed or constructed by JSerra, on property owned by JSerra, within a reasonable period of time following JSerra's receipt of written notice from the CITY specifying such dangerous or defective condition or equipment. JSerra shall maintain, at all times this Agreement is in force, general liability insurance, self-insurance or liability coverage through a self-insurance pool of not less than one million dollars ($1,000,000.00). (c) The CITY and JSerra each agree to provide thirty(30)days'written notice to the other party if it proposes any substitution, change, or other modification of the aforementioned insurance coverage which will result in a decrease in the scope or the amount of such coverage. No such substitution, change, or other modification shall be implemented without the written consent of the other party. 12. Notices. Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of ten (10) calendar days following the date of mailing of the notice. CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director, Community Services Department - 8 - • • JSerra: JSerra Catholic High School 26351 Junipero Serra Road San Juan Capistrano, CA 92675-1635 Attn: Thomas R. Waszak, Principal With a copy to JSerra's Counsel: The Busch Firm 2532 Dupont Drive Irvine, CA 92612 Attn: George P. Mulcaire 13. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter of this Agreement, and contains all of the covenants and agreements between the parties with respect to this matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to this matter by any parry, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding this matter not contained in this Agreement shall be valid or binding.Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement. 14. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California. 15. Breach of Agreement. If either party defaults in the performance of any of the terms or conditions of this Agreement, it shall have thirty (30) days after service upon it of written notice of such - 9 - 0 10 default in which to cure the default by rendering a satisfactory performance. In the event of any default by the CITY, JSerra shall have the right to suspend the use of the Athletic Facilities by the CITY or its permitees until such default has been cured. In the event that the defaulting party fails to cure its default within thirty (30) days of the service of written notice of such default, the non-defaulting party shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of a party to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. 16. Attorneys' Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which shall be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. 17. Severabilitv. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 18. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement. - 10 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "CITY" CITY OF SAN JUAN CAPISTRANO J By: \ David M. Sw r ' , Mayor "JSerra" Junipero Serra High School, a California non-profit religious corporation Y T othy R. ch, Chief Executive Officer ATTEST: rgar R. Monahan, City Clerk APPROVED AS TO FORM: John Shaw, Ci Attorney - 11 - ,r b� m � vN6rt[.Eb rOMtL 17 µVI1F®LOl1 , El i o i Athletic Facilities" (Sports fields/courts and parking lot subject to Joint Use Agreement) $` 32400 PASQO AOELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 % ® �j SAM ALLEVATO (949)493-1171 },/�j+ WOR/o RR 10 DIANE BATHGATE (949)493-1053 FAX • BIRIIISR(R 11 1961 WYATT HART www.sanjuahcapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN June 13, 2006 Mr. Thomas R. Waszak, Principal JSerra Catholic High School 26351 Junipero Serra Road San Juan Capistrano, CA 92675-1635 Dear Mr. Waszak: A fully executed, original Joint Facilities Use Agreement between the Junipero Serra High School and the City of San Juan Capistrano is enclosed for your records. Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that this document must be maintained current. Thank you, Meg n han, CMC C' Clerk cc: r. George P. Mulcaire, The Busch Firm, 2532 Dupont Drive, Irvine, CA 92612 Timothy Busch Karen Crocker, Community Services Director San .Tuan Capistrano: Preserving the Past to Enhance the Future 6/6/20006 S1PPLEMENTAL AGENDA REPORT D15 AGENDA ITEM D15 TO: Dave Adams, City Manager � , FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of Joint Use Agreement (City of San Juan Capistrano and Junipero Serra High School) 2006 Council Priority No. 6B RECOMMENDATION: No change to recommendation. SITUATION: The attached Exhibit "A" was inadvertently left off The Joint Facilities Use Agreement Between Junipero Serra High School and City Of San Juan Capistrano. It is here for your consideration. Respectfully submitted, , "Wa, Karen Crocker Community Services Director fR �� �.a S{' f h � S L ( 3 3v1+v n { i �a , • 6/06/2006 SUPPLEMENTAL AGENDA REPORT D 15 AGENDA ITEM D15 �� TO: Dave Adams, City Manage j�FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of Joint Use Agreement (City of San Juan Capistrano and Junipero Serra High School) 2006 Council Priority No. 6B RECOMMENDATION: By motion, approve the Joint Use Agreement between the City of San Juan Capistrano and Junipero Serra High School. SITUATION: Minimal revisions have been made to the JSerra Joint Facilities Use Agreement. The revised agreement is attached. The attached revisions are identified in italics. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The joint use agreement was presented to the Parks, Recreation and Equestrian Commission at its April 17 and May 15, 2006 meetings. The Commission requested a change at its April 17, 2006 meeting. The change was incorporated and approved at the May 15, 2006 meeting; however, since then there has been an additional change to section 3-D that has not been presented to the Commission. Staff will be presenting the change to the Commission at its June 19, 2006 meeting. The change addresses the concern the Commission expressed that language regarding notification procedures regarding scheduling conflicts was vague and ambiguous. Staff and JSerra have since agreed to a 5-day notification period regarding facility scheduling conflicts. FINANCIAL CONSIDERATIONS: Upon approval and implementation of the agreement, the City will incur costs for the tennis court lights and security; however, these costs will be passed on to the users. The maintenance costs will be incurred by JSerra, with 50% of the rental fees going to JSerra to defray maintenance costs. The other 50% of rental fees will be retained by the City to offset staffing expenses incurred by field users. The rental fee for fields is anticipated to be $25-$30 per hour. Supplemental Agenda Report Page 2 June 6, 2006 NOTIFICATION: Tom Waszak, Principal, Junipero Serra Catholic High School* George P. Mulcaire, The Busch Firm* *Agenda Report included RECOMMENDATION: By motion, approve the Joint Use Agreement between the City of San Juan Capistrano and Junipero Serra High School. Respectfully�submitted, 1u b�m itted, j �V` Al Karen Crocker Community Services Director Attachments: 1. Joint Use Agreement 2. Location Map JOINT FACILITIES USE AGREEMENT BETWEEN JUNIPERO SERRA HIGH SCHOOL AND CITY OF SAN JUAN CAPISTRANO THIS JOINT FACILITIES USE AGREEMENT ("Agreement") is made and entered into to be effective on the 6th day of June, 2006, by and between the City of San Juan Capistrano (the"CITY") and Junipero Serra High School, dba JSerra Catholic High School ("JSerra"). RECITALS: 1. JSerra is constructing athletic facilities on its South Campus at 30782 Camino Capistrano, San Juan Capistrano, California. 2. A condition of the Development Agreement between the CITY and JSerra requires that a joint use agreement be entered into that authorizes community sports organizations to utilize certain use of JSerra's athletic facilities. The CITY has determined that such athletic facilities are suitable for use for community and sports programs. 3. This Agreement was required by conditions of approval for the Architectural Control for the project, in addition to the Development Agreement. The Environmental Impact Report and adoption of the statement of overriding considerations for JSerra High School South Campus on October 14, 2004, identified a public benefit by providing competitive-level recreation facilities to City residents by making JSerra's practice fields available for public use when not required by JSerra school. - 1 - 4. The CITY and JSerra therefore desire to enter into this Agreement to provide for the CITY's use of certain of JSerra athletic facilities in accordance herewith. AGREEMENT: NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Purpose of the Agreement. The purpose of this Agreement is for the CITY and JSerra to work together to provide the community use of certain athletic facilities at JSerra as a public benefit to the residents and to provide for the sharing of certain costs relating to the use and maintenance of such facilities. 2. `Use of JSerra's Athletic Facilities by the CITY. (a) JSerra hereby grants to CITY the following: (i) the right to use during non-school hours and when not otherwise required by JSerra certain outdoor athletic facilities located on JSerra's campus, consisting of the soccer practice fields, softball fields, JV baseball field, tennis courts, outdoor restrooms,and parking lot detailed in Exhibit "A" hereto (the "Athletic Facilities") to conduct community recreation and sports programs; and, (ii) the right to coordinate and schedule use by the community groups of the Athletic Facilities during non-school hours and when not otherwise required by JSerra, subject to JSerra's approval of such community group users, which shall not be unreasonable withheld by JSerra. - 2 - 3. Schedulinq the Use of the Athletic Facilities. (a) The CITY shall be responsible for and have the authority to schedule community use of the Athletic Facilities during non-school hours. (b) For purposes of this Agreement, "school hours" are defined to be from 6:00 a.m. to 6:00 p.m. Monday through Friday and 7:00 a.m. to noon on Saturdays. It is understood and agreed that the starting and ending times for school hours may change from time to time, and that the actual starting and ending times, relative to the implementation of paragraph 3,will be determined by JSerra prior to the commencement of each school semester. (c) JSerra shall have the exclusive use of the Athletic Facilities during school hours and when required during non-school hours. (d) The CITY shall schedule all community use of the Athletic Facilities during non-school hours. The CITY shall establish a system to provide for the coordination and scheduling of the use of each of the Athletic Facilities, including a procedure for reserving the use of the Athletic Facilities and assigning priorities for such use according to the CITY's established use fee Administrative Policy # 607. In the event JSerra requires the use of the Athletic Facilities during non-school hours, it shall provide the CITY with a minimum of five (5) days advance notice of such use; provided, however, that if JSerra requires use of the Athletic Facilities for CIF sanctioned play off games, then JSerra shall only be required to provide advance notice as soon as is reasonably practicable. JSerra's requested use of the Athletic Facilities during non-school hours, including CIF sanctioned play off games will have priority over other community groups utilizing the facilities and the notice provisions are provided so the CITY may inform the permitted users that they will not be able to use the Athletic Facilities. - 3 - (e) The CITY shall ensure that each person or organization who uses the Athletic Facilities pursuant to this Agreement shall have in effect at the time of such use general liability insurance coverage in the amount of at least one million dollars ($1,000,000) per occurrence, and that the CITY, JSerra and JSerra's general contractor, Bluefin Construction, are named as additional insureds on the applicable insurance policies. 4. Maintenance of Athletic Facilities. (a) J Serra shall be responsible for all maintenance, and repair of the Athletic Facilities, including, but not limited to, regularly scheduled maintenance and any necessary repair of the artificial turf, outdoor restrooms, parking areas and tennis courts. The CITY shall reimburse JSerra at the rate of 50% of the total hourly rental fee charged to the groups utilizing the Athletic Facilities. This reimbursement will serve as the CITY's obligation towards the maintenance costs of the Athletic Facilities. The CITY will provide JSerra with a quarterly report that reflects the income from facility users and the number of hours the Athletic Facilities were rented in such quarter and payment of CITY's quarterly reimbursement amount. In addition, the CITY shall reimburse JSerra at the rate of$20.00 per hour for electrical utility costs associated with the CITY's use of the lighted tennis courts. The parties agree to review the maintenance and repair expense provisions herein on the first anniversary of the Agreement, to evaluate whether any adjustments are appropriate. 5. Use of Other JSerra Facilities. The CITY, persons and organizations who use the Athletic Facilities pursuant to permits issued by the CITY shall have access as reasonably necessary in order to utilize the Athletic Facilities and shall be able to use the parking areas as shown on Exhibit "A". The CITY and JSerra agree to discuss entering into a separate joint use agreement for the - 4 - swimming pool facilities to be constructed on JSerra's campus; provided, however, any such use agreement shall be: (i) subject to all applicable use restrictions on the swimming pool facilities; (ii) CITY's use pursuant to such separate agreement would be on a limited basis involving availability only when no use of the pool facilities is scheduled by orthrough JSerra, and (iii) subject to a separate use fee based on the operating expenses and costs for the pool facilities. 6. Charges for Use of the Athletic Facilities. The CITY shall charge the persons and organizations who use the Athletic Facilities during non-school hours a user fee or charge for such use as set by resolution of City Council. The purpose of this fee is for the CITY to recover the costs it incurs in scheduling the use of and shared costs of maintaining and repairing the Athletic Facilities. JSerra shall not be charged for its use of the Athletic Facilities at any time. JSerra shall not charge the CITY or any community organizations who use the Athletic Facilities pursuant to permits issued by the CITY for the use of the Athletic Facilities during non-school hours. 7. Securi . (a) The CITY shall at its own expense be responsible for monitoring, supervising, and providing security for the Athletic Facilities while they are being utilized by the community pursuant to this Agreement. (b) The CITY's monitoring, supervision, and security is intended to ensure that only permitted persons or organizations utilize the Athletic Facilities and that such persons or organizations comply with rules and regulations of both the CITY and JSerra and that the persons or organizations using the Athletic Facilities do not use, disrupt or damage JSerra's other athletic facilities that are not subject to this Agreement. - 5 - (c) JSerra shall have no duty or obligation to monitor, supervise, or provide security for the Athletic Facilities when they are being utilized by the community pursuant to this Agreement. 8. User Rules and Regulations. (a) All persons or organizations who are issued a permit through the CITY for the use of the Athletic Facilities shall be required to comply with Administrative Policy #607, which regulates athletic field usage, defining user priority, reservation procedures, fees, and general rules. Use of amplified sound systems by all persons or organizations that are issued a permit through the CITY shall be governed by CITY Council Policy#508 (Use Of Amplified Sound System Within Public Parks). Use of the amplified sound systems by JSerra will be governed by the project approvals granted by the CITY. (b) In addition to the CITY's Administrative Policy #607, all users through the CITY's permit process shall comply with JSerra's rules and regulations regarding use of its Athletic Facilities. JSerra shall provide the CITY with a copy of its written rules and regulations regarding use of JSerra's Athletic Facilities, as may be modified or amended from time to time. (c) All users of the Athletic Facilities through the CITY's permit process shall comply with City Council Policy #509, Code of Conduct at Athletic Activities. (d) JSerra, at all times, shall have the exclusive right to sell food, drink, and other concession items at the Athletic Facilities. No other person or organization shall be permitted to sell food, drink, or other concession items at the Athletic Facilities without JSerra's prior written consent. JSerra shall be entitled to retain the proceeds of all concession sales at the Athletic Facilities. - 6 - 9. Term. The term of this Agreement shall be for five (5) years commencing July 1, 2006, subject to delays encountered by JSerra in completing construction of the Athletic Facilities. This Agreement may be terminated by either party with one hundred eighty(180) days prior written notice to other party. Upon written agreement of both parties, this Agreement may be extended for additional five (5) year terms. 10. Cooperation of the Parties. The CITY and JSerra shall cooperate and take all actions reasonably necessary to achieve the purposes of this Agreement. Each party shall designate a particular person to be responsible for the performance of that party's duties and responsibilities pursuant to this Agreement. In addition, an annual review of the agreement shall be performed to assure that the conditions of the agreement are satisfactory to both parties. 11. Indemnification and Insurance. (a) The CITY shall indemnify, defend, save, and hold harmless JSerra and it's officers, directors, employees, contractors, and agents to the full extent authorized by law from any and all claims or causes of action for injury of persons, including death, or damages to property resulting from the use of the Athletic Facilities pursuant to this Agreement. The CITY shall maintain, at all times this Agreement is in force, general liability insurance, self-insurance, or liability coverage through a self-insurance pool of not less than one million dollars ($1,000,000.00). (b) JSerra shall indemnify, defend, save, and hold CITY harmless to the extent authorized by law from any and all claims or causes of action for injury of persons, 7 including death, or damages to property, resulting from or which may arise by reason of: (i) JSerra's gross negligence or willful misconduct, or (ii) JSerra's failure to correct or repair any dangerous or defective condition of equipment or other improvements installed or constructed by JSerra, on property owned by JSerra, within a reasonable period of time following JSerra's receipt of written notice from the CITY specifying such dangerous or defective condition or equipment. JSerra shall maintain, at all times this Agreement is in force, general liability insurance, self-insurance or liability coverage through a self-insurance pool of not less than one million dollars ($1,000,000.00). (c) The CITY and JSerra each agree to provide thirty(30) days'written notice to the other party if it proposes any substitution, change, or other modification of the aforementioned insurance coverage which will result in a decrease in the scope or the amount of such coverage. No such substitution, change, or other modification shall be implemented without the written consent of the other party. 12. Notices. Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of ten (10) calendar days following the date of mailing of the notice. CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director, Community Services Department - 8 - JSerra: JSerra Catholic High School 26351 Junipero Serra Road San Juan Capistrano, CA 92675-1635 Attn: Thomas R. Waszak, Principal With a copy to JSerra's Counsel: The Busch Firm 2532 Dupont Drive Irvine, CA 92612 Attn: George P. Mulcaire 13. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter of this Agreement, and contains all of the covenants and agreements between the parties with respect to this matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to this matter by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding this matter not contained in this Agreement shall be valid or binding.Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement. 14. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California. 15. Breach of Agreement. If either party defaults in the performance of any of the terms or conditions of this Agreement, it shall have thirty (30) days after service upon it of written notice of such - 9 - default in which to cure the default by rendering a satisfactory performance. In the event of any default by the CITY, JSerra shall have the right to suspend the use of the Athletic Facilities by the CITY or its permitees until such default has been cured. In the event that the defaulting party fails to cure its default within thirty (30) days of the service of written notice of such default, the non-defaulting party shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of a party to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. 16. Attorneys' Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which shall be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. 17. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 18. Successors and Assions. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement. - 10 - 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "CITY" CITY OF SAN JUAN CAPISTRANO By: David M. Swerdlin, Mayor "JSerra" Junipero Serra High School, a California non-profit religious corporation By: Timothy R. Busch, Chief Executive Officer ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John Shaw, City Attorney - 11 - • 6/6/2006 AGENDA REPORT 015 TO: Dave Adams, City Manager FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of Joint Use Agreement (City of San Juan Capistrano and Junipero Serra High School) 2006 Council Priority No. 6B RECOMMENDATION: By motion, approve the Joint Use Agreement between the City of San Juan Capistrano and Junipero Serra High School. SITUATION: The City of San Juan Capistrano adopted the Environmental Impact Report (EIR) on October 14, 2004, for the construction of Junipero Serra South Campus with a statement of overriding considerations. The EIR identifies that one of the public benefits of the project is to provide competitive-level recreation facilities to City residents by making Junipero Serra's practice fields available for public use when not in use by Junipero Serra. This is to be accomplished through the development of a joint use agreement between the City and Junipero Serra which is being presented to the City Council for approval, as set forth in the final EIR, conditions of approval, and development agreement for the project. The joint use agreement includes scheduling, maintenance, fees and charges, security, insurance requirements and user regulations. The City was anticipating the use of the pool for summer swimming lessons and recreation supervised swimming; however, the pool at Junipero Serra is a competitive swim/diving pool with no shallow end. The pool is not conducive for beginner swimmers or swim lessons; therefore, the City will not be utilizing the pool at this time. The agreement still has language in the document which allows for the possibility of use of the pool by the City for future use. The outdoor athletic facilities that are included in the joint use agreement include the soccer practice fields, softball fields, J.V. baseball field, tennis courts, outdoor restroom facilities and parking lot. These areas are identified in Exhibit A of the joint use agreement. Staff anticipates that the majority of users during the community hours will be youth sports organizations, such as soccer, Little League and softball. The tennis courts Agenda Report Page 2 June 6, 2006 will be utilized for public play as well as tennis lessons conducted through the Community Services Department. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The joint use agreement was presented to the Parks, Recreation and Equestrian Commission at its April 17 and May 15, 2006 meetings. The Commission requested a change at its April 17, 2006 meeting. The change was incorporated and approved at the May 15, 2006 meeting; however, since then there has been an additional change to section 3-D that has not been presented to the Commission. Staff will be presenting the change to the Commission at its June 19, 2006 meeting. The change addresses the concern the Commission expressed that language regarding notification procedures regarding scheduling conflicts was vague and ambiguous. Staff and JSerra have since agreed to a 5-day notification period regarding facility scheduling conflicts. FINANCIAL CONSIDERATIONS: Upon approval and implementation of the agreement, the City will incur costs for the tennis court lights and security; however, these costs will be passed on to the users. At this time the maintenance costs for the artificial turf are unknown; however, staff anticipates a minimum cost due to the low level of maintenance needed for artificial turf. NOTIFICATION: Tom Waszak, Principal, Junipero Serra Catholic High School* George P. Mulcaire, The Busch Firm* * Agenda Report included RECOMMENDATION: By motion, approve the Joint Use Agreement between the City of San Juan Capistrano and Junipero Serra High School. Respectfully' submitted, CCwQJ�/� �J�/1�� Karen Crocker Secretary to the Commission Attachments: 1. Joint Use Agreement 2. Location Map JOINT FACILITIES USE AGREEMENT BETWEEN JUNIPERO SERRA HIGH SCHOOL AND CITY OF SAN JUAN CAPISTRANO THIS JOINT FACILITIES USE AGREEMENT ("Agreement") is made and entered into to be effective on the 6th day of June, 2006, by and between the City of San Juan Capistrano(the "CITY")and Junipero Serra High School, dba JSerra Catholic High School ("JSerra"). RECITALS: 1. JSerra is constructing athletic facilities on its South Campus at 30782 Camino Capistrano, San Juan Capistrano, California. 2. This agreement was required by the final Environmental Impact Report(EIR) and conditions of approval for the Architectural Control for the project, in addition to the Development Agreement. The EIR and adoption of the statement of overriding considerations for JSerra High School South Campus on October 14, 2004, identified a public benefit by providing competitive-level recreation facilities to City residents by making JSerra's practice fields available for public use when not required by JSerra school. 3. A condition of the Development Agreement between the CITY and JSerra requires that a joint use agreement be entered into that authorizes community sports organizations to utilize certain use of JSerra's athletic facilities. The CITY has determined that such athletic facilities are suitable for use for community and sports programs. ATTACHMENT - 1 - 4. The CITY and JSerra therefore desire to enter into this Agreement to provide for the CITY's use of certain of JSerra athletic facilities in accordance herewith. AGREEMENT: NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Purpose of the Agreement. The purpose of this Agreement is for the CITY and JSerra to work together to provide the community use of certain athletic facilities at JSerra as a public benefit to the residents and to provide for the sharing of certain costs relating to the use and maintenance of such facilities. 2. Use of JSerra's Athletic Facilities by the CITY. (a) JSerra hereby grants to CITY the following: (i) the right to use during non-school hours and when not otherwise required by JSerra certain outdoor athletic facilities located on JSerra's campus, consisting of the soccer practice fields, softball fields, JV baseball field, tennis courts, outdoor restrooms, and parking lot detailed in Exhibit "A" hereto (the "Athletic Facilities") to conduct community recreation and sports programs; and, (ii) the right to coordinate and schedule use by the community groups of the Athletic Facilities during non-School Hours and when not otherwise required by JSerra. - 2 - 3. Scheduling the Use of the Athletic Facilities. (a) The CITY shall be responsible for and have the authority to schedule community use of the Athletic Facilities during non-School Hours. (b) For purposes of this Agreement, "school hours" are defined to be from 6:00 a.m. to 6:00 p.m. Monday through Friday and 7:00 a.m. to noon on Saturdays. It is understood and agreed that the starting and ending times for school hours may change from time to time, and that the actual starting and ending times, relative to the implementation of paragraph 3,will be determined by JSerra prior to the commencement of each school semester. (c) JSerra shall have the exclusive use of the Athletic Facilities during school hours and when required during non-school hours. (d) The CITY shall schedule all community use of the Athletic Facilities during non-school hours. The CITY shall establish a system to provide for the coordination and scheduling of the use of each of the Athletic Facilities, including a procedure for reserving the use of the Athletic Facilities and assigning priorities for such use according to the CITY's established use fee Administrative Policy# 607. In the event JSerra requires the use of the Athletic Facilities during non-school hours, it shall provide the CITY with a minimum of five (5) days advance notice with the exception of CIF sanctioned play off games. CIF sanctioned play off games will have priority over other community groups utilizing the facilities so the CITY may inform the permitted users that they will not be able to use the Athletic Facilities. - 3 - (e) The CITY shall ensure that each person or organization who uses the Athletic Facilities pursuant to this Agreement shall have in effect at the time of such use general liability insurance coverage in the amount of at least one million dollars ($1,000,000) per occurrence, and that the CITY, JSerra and JSerra's general contractor, Bluefin Construction, are named as additional insureds on the applicable insurance policies. 4. Maintenance of Athletic Facilities. (a) The CITY and JSerra shall share all costs relating to the use, maintenance, and repair of the Athletic Facilities, including, but not limited to, costs relating to the regularly scheduled maintenance and any necessary repair of the artificial turf, outdoor restrooms, parking areas, and other costs, etc. JSerra shall be responsible for paying 80% of such costs, and the CITY shall be responsible for paying the remaining 20%. The CITY shall also reimburse JSerra at the rate of$20 per hour for maintenance and electrical utility costs associated with the CITY's use of the lighted tennis courts. JSerra shall advance all such costs and seek reimbursement from the City for its prorate share of such costs on a monthly or quarterly basis. The City shall pay its share of such costs within 30 days of presentation of an invoice relating thereto. The parties agree to review the maintenance and repair expense provisions herein on the first anniversary of the Agreement,to evaluate whether any adjustments are appropriate. 5. Use of Other JSerra Facilities. The CITY, persons and organizations who use the Athletic Facilities pursuant to permits issued by the CITY shall have access as reasonably necessary in order to utilize the Athletic Facilities and shall be able to use the parking areas as shown on Exhibit "A". - 4 - The CITY and JSerra agree to discuss entering into a separate joint use agreement for the swimming pool facilities to be constructed on JSerra's campus; provided, however, any such use agreement shall be: (i)subject to all applicable use restrictions on the swimming pool facilities; (ii) CITY's use pursuant to such separate agreement would be on a limited basis involving availability only when no use of the pool facilities is scheduled by or through JSerra, and (iii) subject to a separate use fee based on the operating expenses and costs for the pool facilities. 6. Charges for Use of the Athletic Facilities. The CITY shall charge the persons and organizations who use the Athletic Facilities during non-school hours a user fee or charge for such use as set by resolution of City Council. The purpose of this fee is for the CITY to recover the costs it incurs in scheduling the use of and shared costs of maintaining and repairing the Athletic Facilities. JSerra shall not be charged for its use of the Athletic Facilities at any time. JSerra shall not charge the CITY or any community organizations who use the Athletic Facilities pursuant to permits issued by the CITY for the use of the Athletic Facilities during non-school hours. 7. Security. (a) The CITY shall at its own expense be responsible for monitoring, supervising, and providing security for the Athletic Facilities while they are being utilized by the community pursuant to this Agreement. (b) The CITY's monitoring, supervision, and security is intended to ensure that only permitted persons or organizations utilize the Athletic Facilities and that such persons or organizations comply with rules and regulations of both the CITY and JSerra and that - 5 - the persons or organizations using the Athletic Facilities do not use, disrupt or damage JSerra's other athletic facilities that are not subject to this Agreement. (c) JSerra shall have no duty or obligation to monitor, supervise, or provide security for the Athletic Facilities when they are being utilized by the community pursuant to this Agreement. 8. User Rules and Regulations (a) All persons or organizations who are issued a permit through the CITY for the use of the Athletic Facilities shall be required to comply with Administrative Policy#607, which regulates athletic field usage, defining user priority, reservation procedures, fees, and general rules. Use of amplified sound systems by all persons or organizations that are issued a permit through the CITY shall be governed by CITY Council Policy#508 (Use Of Amplified Sound System Within Public Parks). Use of the amplified sound systems by JSerra will be governed by the project approvals granted by the CITY. (b) In addition to the CITY's Administrative Policy #607, all users through the CITY's permit process shall comply with JSerra's rules and regulations regarding use of its athletic facilities. JSerra shall provide the CITY with a copy of its written rules and regulations regarding use of JSerra's athletic facilities, as may be modified or amended from time to time. (c) All users of the Athletic Facilities through the CITY's permit process shall comply with City Council Policy #509, Code of Conduct at Athletic Activities. (d) JSerra, at all times, shall have the exclusive right to sell food, drink, and other concession items at the Athletic Facilities. No other person or organization shall be - 6 - permitted to sell food, drink, or other concession items at the Athletic Facilities without JSerra's prior written consent. JSerra shall be entitled to retain the proceeds of all concession sales at the Athletic Facilities. 9. Term. The term of this Agreement shall be for five (5) years commencing July 1, 2006, subject to delays encountered by JSerra in completing construction of the Athletic Facilities. This Agreement may be terminated by either party with one hundred eighty (180)days prior written notice to other party. Upon written agreement of both parties, this Agreement may be extended for additional five (5) year terms. 10. Cooperation of the Parties. The CITY and JSerra shall cooperate and take all actions reasonably necessary to achieve the purposes of this Agreement. Each party shall designate a particular person to be responsible for the performance of that party's duties and responsibilities pursuant to this Agreement. In addition, an annual review of the agreement shall be performed to assure that the conditions of the agreement are satisfactory to both parties. 11. Indemnification and Insurance. (a) The CITY shall indemnify, defend, save, and hold harmless JSerra and it's officers, directors, employees, contractors, and agents to the full extent authorized by law from any and all claims or causes of action for injury of persons, including death, or damages to property resulting from the use of the Athletic Facilities pursuant to this Agreement. The CITY shall maintain, at all times this Agreement is in force, general liability insurance, self-insurance, or liability coverage through a self-insurance pool of not less than one million dollars ($1,000,000.00). - 7 - (b) JSerra shall indemnify, defend, save, and hold CITY harmless to the extent authorized by law from any and all claims or causes of action for injury of persons, including death, or damages to property, resulting from or which may arise by reason of: (i) JSerra's gross negligence or willful misconduct, or (ii) JSerra's failure to correct or repair any dangerous or defective condition of equipment or other improvements installed or constructed by JSerra, on property owned by JSerra, within a reasonable period of time following JSerra's receipt of written notice from the CITY specifying such dangerous or defective condition or equipment. JSerra shall maintain, at all times this Agreement is in force, general liability insurance, self-insurance or liability coverage through a self-insurance pool of not less than one million dollars ($1,000,000.00). (c) The CITY and JSerra each agree to provide thirty(30)days'written notice to the other party if it proposes any substitution, change, or other modification of the aforementioned insurance coverage which will result in a decrease in the scope or the amount of such coverage. No such substitution, change, or other modification shall be Implemented without the written consent of the other party. 12. Notices. Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of ten (10) calendar days following the date of mailing of the notice. - 8 - CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director, Community Services Department JSerra: JSerra Catholic High School 26351 Junipero Serra Road San Juan Capistrano, CA 92675-1635 Attn: Thomas R. Waszak, Principal With a copy to JSerra's Counsel: The Busch Firm 2532 Dupont Drive Irvine, CA 92612 Attn: George P. Mulcaire 13. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter of this Agreement, and contains all of the covenants and agreements between the parties with respect to this matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to this matter by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding this matter not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement. 14. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California. - 9 - 15. Breach of Agreement. If either party defaults in the performance of any of the terms or conditions of this Agreement, it shall have thirty (30) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event of any default by the CITY, JSerra shall have the right to suspend the use of the Athletic Faculties by the CITY or its permitees until such default has been cured. In the event that the defaulting party fails to cure its default within thirty (30) days of the service of written notice of such default, the non-defaulting party shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of a party to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. 16. Attorneys' Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which shall be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. 17. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. - 10 - 18. Successors and Assions. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "CITY" CITY OF SAN JUAN CAPISTRANO By: David M. Swerdlin, Mayor "JSerra" Junipero Serra High School, a California non-profit religious corporation By: Timothy R. Busch, Chief Executive Officer ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John Shaw, City Attorney - 11 - r� uh THE CITY OF SAN JUAN CAPISTRANO N f A . JSERRA HIGH SCHOOL �y s 41 h f' Vj t . LOCATION ` w r� 0 3000 6060 9000 Feet Attachment 2 32400 PASEO ADELANTO ��'. � y MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAMTO (949)493-1171 �y (949)493-1053 FAX Y InIAtvoeAiEB DIANEE BATHATHGATE J p (STRILISHm 1961 OESOTOMATT Rr wwwsun uunca istrano.org 1776 • • DAVID M.SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on June 6, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Joint Use Agreement (City of San Juan Capistrano and Junipero Serra High School) 2006 Council Priority No. 6113" — Item No. D15. 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, June 5, 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 Karen Crocker, Community Services Director. You may contact that staff member at (949) 949-443- 6389 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas@sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Tom Waszak, Principal, Junipero Serra Catholic High School*; George P. Mulcaire, The Busch Firm*; Karen Crocker, Community Services Director * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future ���Printed on 1311%11eCycleE Paper 32400 PASEO ADEIANTO / MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (848)493-1171 IA[AAAAAAiU DIANE BATHGATE (949)493-1053 FAX FSIAILISXAX 1961 WYATT HART www,sanjuancapis[rano.org 1776 JOE SOTO • • DAVID M.SWEROUN June 7, 2006 * NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On June 6, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Joint Use Agreement (City of San Juan Capistrano and Junipero Serra High School) 2006 Council Priority No. 66" Item No. D15. The following action was taken at the meeting: Joint use agreement between the City of San Juan Capistrano and Junipero Serra High School, approved. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Karen Crocker, Community Services Director at 949-443-6389 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Tom Waszak, Principal, Junipero Serra Catholic High School*; George P. Mulcaire, The Busch Firm*; Karen Crocker, Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future L,1 Plmted on 10%Reeyeled Paper