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03-0122_PUEBLO SERRA, LLC_Indemnification Letter AgreementVIA OVERNIGHT MAIL Mr. George Scarborough City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Pueblo Serra Ground Lease Dear Mr. Scarborough: As has been previously discussed with staff of the City of San Juan Capistrano, this office represents Pueblo Serra, LLC, a California limited liability company ("Pueblo Serra"). This letter is sent for the purpose of setting forth in writing Pueblo Serra's commitment to indemnify and hold the City of San Juan Capistrano harmless from certain potential claims and liabilities in connection with the City's processing of various development applications filed or to be filed by Pueblo Serra. Pueblo Serra is the current tenant under an assignment from a ground lease, which covers approximately 29 acres of undeveloped property located in the City of San Juan Capistrano (the "Property"). The "Landlord" under the ground lease is "The Buchheim Company", a collection of certain individuals and trusts. One of the parties to The Buchheim Company is the Carl Buchheim Family Trusts and its trustees, which are collectively referred to herein simply as the Carl Buchheim Interests ("CBI"). The 29 acres is comprised of two separate parcels: an approximately 5.21 parcel which is identified as APN 649-011-30, and an approximately 23,69 acre parcel identified as APN 649-011-25. CBI is the owner of the fee simple estate in the 5.21 acre parcel. As result of an apparent internal dispute within The Buchheim Company, CBI has recently directed certain correspondences and communications to City officials. These correspondences and communications assert that CBI has not approved of the assignment of Pueblo Serra's interest in the ground lease as to the 5.21 acre parcel and CBI requests that the City not process any of Pueblo Serra's development applications or permits relating thereto (the 046/022359-0002 372348.01 a02/20/03 0 AWRUTAN DBB0.19..) WAFSB*SR.UAWJ9S01 PATE R MOORF DIRIDIM VICKI) PATRICK D MCW IL WALTER APRIL lEF WALTER E NNSWORM L AININ TAN PAVE FREDERIC MAR% UTSH RµMLI M. RABBUSH RICHARD K. HOWELL KAREN ELDA WAITER SITHANDREW SETH L RCHARD A. CURNVTE MARY M D.E. JAMES S. WEOZ• XAIN W. HAMILTON, A, ALQANDRO S. ANGULO JOHN B. HURLBUT IR. GREGG AMBER DAVID T HOCHNER MIUP I. BLANCHARD ANTHONY L, BEAUMON MICHAEL IMMELL MICHAEL W IMM L. IR. MICHAELJ. 5INNIE THOMAS J.F CRANE APATRICK FISH ROBERT D. MU PAULTERENCE fTWAGHE0. PAUL G. CASTOR AROHN HANSEN AWN O. MIRCHFFF CKERJ THEODORE I. WALUCE, JR.- MARK B TRADER S. DANIEL HARBOTRE SUMN I. BARRICELLA 10. LAYMOH 4 JOSEPH D. C=LGH PENELOPE PARMFS PAUL I. LMRS DUA M. HEMINGWAY POORNMU NYAPRAKJI RICHARD P. SIMS M. KATHERINE JENSON JOSEPH L. MAGA. III DENISE L MESTFR MELISSA C BRAND. JAMES B. ONEAL DUKE F WAHIQUIST MAID G MLGER W. ANDREW MOORE JESSE F M. RANDOLPH A T T O R N E Y S A T L A W ROBERT C BRAUN THOMAS S. MONGER' RICHARD G. MOMENDEO LORI MILNER SMITH KENT M. CLAYTON STEVEN J. GOON CHARLES A DAVENFORT 111 RICHARD D. AREO FLAM Y A. NOR RACHEL M. SCHUMACHER DAVID C. URSEN- ERNEST W. KUTTT, III DOUGLAS I DENNINGLON MARK M. MAJ O CS CLIFFORD E. FIDDLES KIM D. THOMPSON MARTIN W TAYLOR NIKKI NGUYEN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS MICHAEL D RUBIN IRA G. RmIN• JAYNE TAYLOR KACER DAVID B. COSGROVE MARK L PAYNE Haw A RAMIRGE SANDRA R TOMPSON JENNIFER S. ANDERSON 611 ANTON BOULEVARD, FOURTEENTH FLOOR COSTA MESA, CALIFORNIA 92626-1931 IFFIMO M. OOERMAN STAN K LCOR ROBERT S. BOWER HANS VAN LIDTEN STEPHEN A ELLIS JEFFREY WFRTHEWER DAN SLATER RONALD R DINES JEFFREY MELCHING JOHN F BRADLEY ALLISON LEMOINE-BVI KAREN L. AMEND OF COUNSEL: LEONARD A. HUMPEL DIRECT ALL MAIL TO: POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 TELEPHONE 714-641-5100 FACSIMILE 714-546-9035 INTERNET ADDRESS W W W.,.=LG GJ MARC. A. FORYTH WILLIMI M. MAGROC ENA JAMES L. MORRIS MICHAEL T. IIORWBK PHILIP D. REGAINDYNE JOEL O. KUPERBERG ROBERT O OMEN ADAM N. VOLKENT JEFFREY A. GOLDFARB E. KEVIN BRAZIL H. MARK L SKI HARRISON RA MARK BUDENSIEK LNICHOLAS HIM TUG A IUUNDE0. MARK I. AUSTIN LORI WLUWAS ROBERT H. MARCERMU TODD D TITIN NDAM I. DUDMN BERMS. CARLSON MUCH MBSTDN GRIM LOMENZO PARKER GRIMA K PER. EDWARD D. SRESMA, IR. SENATOR DICK ACKERMAN DAWD I. GARIB.MDI, m WUTAM L CAPON MARTIN FESSFNMNER" STEON1 A NICHOLS TARRY A CERUO, DAVID L ZOET ,MD, MATTHEW W GRIMHUW M PROFESSIONAL CORPORATION THOMAS G. BROCKINGION CAROL D. CAREY MARLENE POSE JURGENSEN EPIPHANY OATH • PATENT AGENT Direct Dial: (714) 662-4610 E-mall: yamirez(4�,rutan.com February 20, 2003 VIA OVERNIGHT MAIL Mr. George Scarborough City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Pueblo Serra Ground Lease Dear Mr. Scarborough: As has been previously discussed with staff of the City of San Juan Capistrano, this office represents Pueblo Serra, LLC, a California limited liability company ("Pueblo Serra"). This letter is sent for the purpose of setting forth in writing Pueblo Serra's commitment to indemnify and hold the City of San Juan Capistrano harmless from certain potential claims and liabilities in connection with the City's processing of various development applications filed or to be filed by Pueblo Serra. Pueblo Serra is the current tenant under an assignment from a ground lease, which covers approximately 29 acres of undeveloped property located in the City of San Juan Capistrano (the "Property"). The "Landlord" under the ground lease is "The Buchheim Company", a collection of certain individuals and trusts. One of the parties to The Buchheim Company is the Carl Buchheim Family Trusts and its trustees, which are collectively referred to herein simply as the Carl Buchheim Interests ("CBI"). The 29 acres is comprised of two separate parcels: an approximately 5.21 parcel which is identified as APN 649-011-30, and an approximately 23,69 acre parcel identified as APN 649-011-25. CBI is the owner of the fee simple estate in the 5.21 acre parcel. As result of an apparent internal dispute within The Buchheim Company, CBI has recently directed certain correspondences and communications to City officials. These correspondences and communications assert that CBI has not approved of the assignment of Pueblo Serra's interest in the ground lease as to the 5.21 acre parcel and CBI requests that the City not process any of Pueblo Serra's development applications or permits relating thereto (the 046/022359-0002 372348.01 a02/20/03 Direct Dial: (714) 662-4610 E-mail: jramircz@,)rutarJ.com February 20, 2003 VIA OVERNIGHT MAIL Mr. George Scarborough City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Pueblo Serra, LLC Indemnity Commitment Dear Mr. Scarborough: John Shaw has asked that I mail directly to you the attached 2 duplicate originals of the indemnity commitment letter from Pueblo Serra, LLC that have been signed by its Chief Executive Officer, Tim Busch. Please stamp one copy as "received" by the City and return the stamped duplicate original to me in the enclosed self addressed return envelope. If there are any problems or issues with the indemnity commitment letter, please let me know and I will promptly address them. Thank you for your courtesy and assistance. Sincerely Michael Rubin cc: John Shaw; John Ramirez; TRB; GPM; WPeterson � FR ? ?_ 2003 982/022359-0002 372345.01 a02/20/03 . AIN, 0.UTAN 110 IRI 1 JAMES B* N. !1888-19501 INHP MWRE PATRICK IS PATRICK O M4ALIA APRIL LEE WALTER F. AJN ANDREW E NNN H TAN R PAUL fREMOO MARX RANDA M. MRUNH RANDALL M. RABBUSH K. HOWELL WEN ELIZABETH WALTER SONANO L gICHA0.D A. CVRNUTT MARY M. GREEN MMES 5. WFI52' JOHN W HAMILTON. IR, ALEJANDRO S. ARGUED JOHN B. HVRLBUT IR, GREGG AMBER DAVID H. HCCHNER PHILIP), BLANCHARD ANTHONY L. BELL ON MICHAEL W IMM I, J W pgHL. J. MICHAEL F SIZER THOMAS CRANE A PAIR CK MURFISH ROBfNT O. q5H PA E G I GALLAGHER PAUL G. CASTOR ARON O D. O. MI0.p1Efi MIRCH C KE R THEODORE THEDDDRE I. , IR • MARK B. HOOTER S. DANIEL HARBOTTLE SUSAN J. RAPIN LORADAMONU LONA UYMON 4 RRUTH IOSH.D RME PNELOPEINE ME J. DENIM. NEMINLWAY VIhA NORNRM AYAPRAWH J RICHARD P. SINUS M. KATHERINE JEN L. MAGA, III L. MAS L NESTER R. BMNOMAN RANDMAKI TAA IANBS B. O'NGL DUKE F. OUISON WILD C. -AGER W . ANT MOORE IMF E. E.M. H ROBERT G IRISH, RICHARD MONTEVIDEO G, MONITE UNJG SEM M. CLAYTON CHARLES ARLES A RT III X KIMBERLY PIKER A. RIXE0. A T T O R N E Y S A T L A W THOMAS s. WINGER' IN RN LDRI .SARNER $KITH STEVEN I. LOON RICHARD D MKO D ARNO HELLP RACHEL M. sCHUMACHER DAVID G u1FRIED W REAM, III GTON MWGUs J. DENNITAYLOR MARK M. S CLIFMICHORD III. D. SIMO.AYLOR SON MARTINARK) W. TAYLOR NIKKI UYENMIAL AELGRUBIN MICHAEL O. RUBHN NYNE TAYLOR SAGER MARK I. PAYNE SANNGUTH NOG P. A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IRARE aIVw• HAND B.A JOHN A. RAMIREI JE ANDERSON JENNIFER s ANDERSON 611 ANTON BOULEVARD, FOURTEENTH FLOOR COSTA MESA, CALIFORNIA 92636 -EB JEFFREY M.ODERNAV STAN WOACOTTRON ROBERT s. BOWER UGLIER NAPSENA ELLIS STEPHENATHEI JEFFREY... WERIHEIN DAN sutEa RONALDPDINESEUTLX JEFFREY JOHNT BRADtEr ALL"WENN KEATING KARENLOOMN OfCWDX AEONARDAHAMRL DIRECT ALL MAIL TO: POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92638-1950 .LUA A. FORSYTH OREIU WMES I M. MORRIS, L I ALMA D.OWEN ADAM N. VGOLDN JEFFREYXMN GDEnfr,Ra MARK Bu-ENSIPK TRIG A. JUAMSi MAA NICHOVS NUL MARKT AUSTIN ROBERT H. MMCN EDWARD D. sKBFSME JR. SENATOR IR ARIMUN,ICK III wUU I. cMIKMOI, IR TELEPHONE ]14-641-5100 FACSIMILE 714-5469035 INTERNET ADDRESS W W W.fUW11.COT MICHAEL HOU PHILIP D T HoauAK PHILIP D. KOHN IDSL D R KEVW eMEU NYNE A RISON L. SRI TODD 0, UNI ro-D O LARLS KERG S. GRLSON CRISTY LQMEHZO PARKER 1 NOAH MIL,OIN MRCN MILSIEIN URISSA K PEW MARL. P Gwwu MARTIN ESSONAL A ENDIERL $IfVfNAG, A. FERON CARRY A. MVIDLIDREJUR MATTHEW WGRENSHAW CORFOMTION COR MC15 THOMAS L. BROCKINGION CAROL O. GRIP FAILED MARLENF POSE JUQGFNSfN EPIPHANY pµlN -PATENT AGEME -PATENT ADEM Direct Dial: (714) 662-4610 E-mail: jramircz@,)rutarJ.com February 20, 2003 VIA OVERNIGHT MAIL Mr. George Scarborough City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Pueblo Serra, LLC Indemnity Commitment Dear Mr. Scarborough: John Shaw has asked that I mail directly to you the attached 2 duplicate originals of the indemnity commitment letter from Pueblo Serra, LLC that have been signed by its Chief Executive Officer, Tim Busch. Please stamp one copy as "received" by the City and return the stamped duplicate original to me in the enclosed self addressed return envelope. If there are any problems or issues with the indemnity commitment letter, please let me know and I will promptly address them. Thank you for your courtesy and assistance. Sincerely Michael Rubin cc: John Shaw; John Ramirez; TRB; GPM; WPeterson � FR ? ?_ 2003 982/022359-0002 372345.01 a02/20/03 0 PUEBLO SERRA, LLC 2532 DUPONT DRIVE IRVINE, CA 92612 PHONE: (949) 474-7368 FAX: (949) 474-7732 January 20, 2003 VIA FACSIMILE (949) 493-1053 & REGULAR MAIL John Shaw City Attorney City of San Juan Capistrano 32400 Paseo Adelante San Juan Capistrano, CA 92675 ke: iVcuive ,4rzerzi a.n Sacred Sue anu Enviroruttentai Protection rlssociatior, rt a[ v. City ofSan Juan Capistrano Agreement of Pueblo Sena LLC and JSerra High School to Indemnify the City in the Event of An Award of Attorneys' Fees Our File No. 2364-G-6.1(KK) Dear Mr. Shaw: This letter is intended to be a letter agreement by which Pueblo Sena, LLC and JSerra High School (collectively "JSerra High School") agree to fully indemnify the City of San Juan Capistrano for attorneys' fees and costs awarded against the City in the unlikely event that Petitioners in the above -referenced case prevail in the action and obtain such an award of attorneys' fees and costs in said action. This legal commitment is made in consideration and recognition of the extraordinary legal and administrative efforts the City has expended in providing a legal defense (and in particular assisting in the preparation of a motion to award judgment to the City and JSerra High School during the month of December, 2002) in this matter. I'lease he further advised that I am an officer authorized to make this legal commitment on behalf of Pueblo Sena, LLC. Please contact meat your convenience should you have any questions or concerns regarding the foregoing. Yours very truly, PUEBLO SERRA, L� a Californialimitodliabilit ompany By:L Timothy R. Bus Its: Chief Executive Officer [SIGNATURES CONTINUED ON NEXT PAGE] JAN 2 2 2003 John Shaw . • January 20, 2003 Page 2 Based upon the legal efforts expended in this case, the City of San Juan Capistrano hereby accepts and agrees to the foregoing. Mayor of the City o Juan Capistrano Job4� S,,__ Cif Dated: February 4, 2003 TRB/os Cc: John Ramirez Eicc: TRB; Etckl TRB 02/07/2003 Ice: OS N:\DOCS\2000FILES\2364\2364G - Pueblo Serra LLC\Shaw0120030S.doc 0 9 PUEBLO SERRA, LLC 2532 DUPONT DRIVE IRVINE, CA 92612 PHONE: (949) 474-7368 FAX: (949) 474-7732 January 20, 2003 VIA FACSIMILE (949) 493-1053 & REGULAR MAIL John Shaw City Attorney City of San Juan Capistrano 32400 Paseo Adelante San Juan Capistrano, CA 92675 Re: Native American Sacred Site and Environmental Protection Association, et al v. City of San Juan Capistrano Agreement of Pueblo Serra LLC and JSerra High School to Indemnify the City in the Event of An Award of Attorneys' Fees Our File No. 2364-G-6.1(KK) Dear Mr. Shaw: This letter is intended to be a letter agreement by which Pueblo Serra, LLC and JSerra High School (collectively "JSerra High School") agree to fully indemnify the City of San Juan Capistrano for attorneys' fees and costs awarded against the City in the unlikely event that Petitioners in the above -referenced case prevail in the action and obtain such an award of attorneys' fees and costs in said action. This legal commitment is made in consideration and recognition of the extraordinary legal and administrative efforts the City has expended in providing a legal defense (and in particular assisting in the preparation of a motion to award judgment to the City and JSerra High School during the month of December, 2002) in this matter. Please be further advised that I am an officer authorized to make this legal commitment on behalf of Pueblo Serra, LLC. Please contact me at your convenience should you have any questions or concerns regarding the foregoing. Yours very truly, PUEBLO SERRA, LLQ a CalifornWimitodliabilitycompany Its: Chief [SIGNATURES CONTINUED ON NEXT PAGE] JAN 2 2 2003 John Shaw • • January 20, 2003 Page 2 Based upon the legal efforts expended in this case, the City of San Juan Capistrano hereby accepts and agrees to the foregoing. i7 Mayor o4!!! It uan C � rano TRB/os Cc: John Ramirez Eicc: TRB; Etckl TRB 02/022003 Icc: OS N:\DOCS\200019LES\2364\2364G - Pueblo Sema, LLC\Shaw0120030S.doe CITY OF SAN JUAN CAPISTRANO • INTER -DEPARTMENT MEMORANDUM TO: John R. Shaw FROM: -ba i -o n S cl" un Xlet- DEPT: City Attorney DEPT: &1(_[ OAe i,/ , —j SUBJECT: Document Review DATE: a- S -03 PHONE EXT. �O NOTE: IF THIS IS A "RUSH" ITEM, PLEASE COMPLETE IN RED INK ATTACHED ARE THE FOLLOWING (please describe document, i.e., agreement, contract, consultant agreement): i0 (1) For your approval and signature [ ] (2) For your review and comments [ ] (3) For your information { ] (4) As requestedL (5) [' ] PLEASE (A) Keep for your files [ ] (B) When Completed Return To: [ ] Ext. [ J (C) Date/Time Needed [ J CITY ATTORNEY'S COMMENTS: PUEBLO SERRA, LLC 2532 DUPONT DRIVE IRVINE, CA 92612 PHONE: (949) 474-7368 FAX: (949) 474-7732 January 20, 2003 VIA FACSIMILE (949) 493-1053 & REGULAR MAIL John Shaw City Attorney City of San Juan Capistrano 32400 Paseo Adelante San Juan Capistrano, CA 92675 Re: %dative _American Sacred Site and Environnientai Protection Associatiu. , et a[ v. City ofSan Juan Capistrano Agreement of Pueblo Serra LLC and JSerra High School to Indemnify the City in the Event of An Award of Attorneys' Fees Our File No. 2364-G-6.1(KK) Dear Mr. Shaw: This letter is intended to be a letter agreement by which Pueblo Serra, LLC and JSerra High School (collectively "JSerra High School") agree to fully indemnify the City of San Juan Capistrano for attorneys' fees and costs awarded against the City in the unlikely event that Petitioners in the above -referenced case prevail in the action and obtain such an award of attorneys' fees and costs in said action. This legal commitment is made in consideration and recognition of the extraordinary legal and administrative efforts the City has expended in providing a legal defense (and in particular assisting in the preparation of a motion to award judgment to the City and JSerra High School during the month of December, 2002) in this matter. Please be further advised that I am an officer authorized to make this legal commitment on behalf of Pueblo Serra, LLC. Please contact me at your convenience should you have any questions or concerns regarding the foregoing. Yours very truly, PUEBLO SERRA, LLL a CalifornialamiteflTiabilit �tompany By: 'U����"i CzZ,-C Its: [SIGNATURES CONTINUED ON NEXT PAGE] JAN 2 2 2003 John Shaw January 20, 2003 Page 2 Based upon the legal efforts expended in this case, the City of San Juan Capistrano hereby accepts and agrees to the foregoing. Ma r of the Citynf Juan Capistrano TRR/os Cc: John Ramirez Eicc: TRB; Etckl TRI3 02/022003 Ice: OS N:\DOCS\2000FILES\2364\2364G - Pueblo Sena, LLC\Shaw0120030S.doc Juan • Band of Mission Indians Acjachemen Nation Tribal Shim-Cbaitmari lice Sainz viceciR E C E I V E D Christopher A. Lobo -Se retaryrsreasurer Fran Yorba-Member at Large Andrea Cole-Mmtber at Large P 01' 200) FEB -U CITY CLERK SANI?MANO Honorable John S. Gelff, Mayor Honorable Members of the City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Honorable Mayor and Members of the City Council: We write to you on behalf of the Juaneflo Band of Mission Indians, Acjachemen Nation, a sovereign State - recognized Native American Indian Tribe. When members of our Tribe and Tribal Council appeared before the City Council on October 15, 2002, with regards to the JSerra Education Initiative, we asked for the City Council to partner with the Tribe for purposes of jointly preserving the Putiidhem Sacred Site, consisting of mostly the 29 acre parcel at the corner of Junipero Serra and Camino Capistrano, as open space and an interpretive center. We felt and we continue to believe that preservation of the Putiidhem Sacred Site is required in keeping with the site's historical, cultural, and religious importance. We have all read in the newspaper of the recent efforts of Pueblo Serra, LLC, and the proponents of the JSerra Education Initiative, to portray our dispute over their proposed use of our burial ground and cemetery as school playgrounds and other developments, as a hidden effort by the Tribe to build a casino or other gaming facility at that location. The effort by Pueblo Serra, LLC, is misguided and misinformed and stems in large part from their continued refusal to meet with the constitutional government of'the Tribe. However, that effort by Pueblo Serra to confuse the issues relating to the Putiidhem Sacred Site perhaps presents the Tribe and the City with an opportunity to open our dialog and to resolve issues that have in the past clouded our relationship. Simply stated, the Tribe and its Tribal Council have no intention of using the 29 acre parcel or adjoining lands for gaming or other commercial development. The Tribe has no economic interest in preventing the JSerra High School from being built on the Putiidhem Sacred Site and burial ground. The Tribe's interest is in seeing Putiidhem preserved (especially in light of the other viable locations for the JSena High School) consistent with the sacred nature of the land and the role played by the Tribe in the beginnings of what long after became the City of San Juan Capistrano. The Tribe and its members (many of whom are residents of the City) hereby requests that the City Council form an ad-hoc committee for purposes of negotiating a Memorandum of Agreement with the Tribe to be approved by the City Council along the following lines: 1. The Tribe would never engage in gaming development on the Putiidhem Sacred Site which includes the 29 acre parcel identified as the Bucheim Property located at the comer of Junipero Serra and Camino Capistrano, and adjoining lands. 31411-A La Malatya Street San Juan Capistrano CA 92675-7674 phone (949)488-3484 Fax (949)488-3294 www.juaneno.com Honorable Mayor and City Coil Members • City of San Juan Capistrano January31, 2003 Page 2 2. On all other lands within the boundaries of the City of San Juan Capistrano (e.g., other than the Putiidhem Sacred Site referred to in number 1 above), the Tribe would not engage in gaming on such lands within the boundaries of the City of San Juan Capistrano over the objection of the City Council or unless approved by an initiative submitted to the voters of the City of San Juan Capistrano. We would envision that the ad-hoc committee would consist of members of the City Council, City staff, and representatives of the Tribal Council for the Tribe, and their advisers, for purposes of reaching an agreement that would address the concerns of the City and the Tribe and that would be consistent with the above -stated intentions of the Tribe, applicable provisions of the City's Municipal Code, and with Tribal, State, and Federal law. The agreement proposed is not intended to and would not be effective to alter or to relinquish any jurisdiction of the City or the Tribe; the agreement in and of itself would not be effective to subject the Tribe to regulatory or other jurisdiction by the State of California or its political subdivisions. This communication and any subsequent discussions should not be construed as a waiver in any sense of the sovereign immunity of the Tribe. We would look forward to a favorable action by the City Council in establishing the ad-hoc committee and working with the Tribe towards the conclusion of a Memorandum of Agreement along the lines outlined above. Please feel free to contact Damien Shilo, at (949) 488-3484 at the tribal offices, or directly at (949) 254-5421, or our tribal attorney Stephen B. Otto, at (949) 720-1300, for purposes of discussing the Tribe's interest in coming to the above Memorandum of Agreement with the City of San Juan Capistrano. Sincerely yours, Juanelio Band of Mission Indians, Acjachemen Nation � O Damien Shilo, Tribal Chair Christopher A. bo, Secretary/Treasurer It-_� Andrea Cole, Tribal Council Member at Large I lr - A �_, Alice Lopez-Sainz',a56 Chair Fran YorbaAdbal Council Member at Large Juamfio Band or Misdon Indians • Acjaebemen Nation 31411-A La Mata Street San Juan Capishn CA 926752674 Phase (949)166-3484 Fax (949)386-3294 www.jumca.wm 2/4/2003 AGENDA ITEM D 3 TO: George Scarborough, City Manager FROM: John R. Shaw, City Attorney SUBJECT: Pueblo Serra Indemnification Letter Agreement RECOMMENDATION Move to Approve Pueblo Serra Indemnification Letter Agreement and authorize Mayor to execute same. SITUATION Pueblo Serra, LLC has provided a letter agreement to the City at this office's request in connection with the pending litigation entitled NASSEPA, at al. v. City of San Juan Capistrano. The letter agreement provides that should plaintiffs be successful in this litigation in arguing that an environmental impact report should have been prepared at the time the City Council approved the subject rezoning, then Pueblo Serra will reimburse City for any Court ordered award of attorneys fees against the City. I have requested this legal commitment in light of the extraordinary efforts our office has made in providing a legal defense to this lawsuit. Pueblo Serra has agreed. Se attached letter agreement. FINANCIAL CONSIDERATIONS As noted above. RECOMMENDATION Move to approve Pueblo Serra Indemnification Letter Agreement and authorize Mayor to execute same. r z) tf ully Submitted, 4'- i R. Shaw Attorney Pueblo Serra Indemnification Agreement FOR CITY COUNCIL AGENDA.3� PUEBLO SERRA, LLC 2532 DUPONT DRIVE IRVINE, CA 92612 PHONE: (949) 474-7368 FAX: (949) 474-7732 January 20, 2003 VIA FACSIMILE (949) 493-1053 & REGULAR MAIL John Shaw City Attorney City of San Juan Capistrano 32400 Paseo Adelante San Juan Capistrano, CA 92675 Re: Native American Sacred Site and Environmental Frotemon Association, et at v. City of San Juan Capistrano Agreement of Pueblo Serra LLC and JSerra High School to Indemnify the City in the Event of An Award of Attorneys' Fees Our File No. 2364-G-6.1(KK) Dear Mr. Shaw: This letter is intended to be a letter agreement by which Pueblo Serra, LLC and JSerra High School (collectively "JSerra High School") agree to fully indemnify the City of San Juan Capistrano for attorneys' fees and costs awarded against the City in the unlikely event that Petitioners in the above -referenced case prevail in the action and obtain such an award of attorneys' fees and costs in said action. This legal commitment is made in consideration and recognition of the extraordinary legal and administrative efforts the City has expended in providing a legal defense (and in particular assisting in the preparation of a motion to award judgment to the City and JSerra High School during the month of December, 2002) in this matter. Please be further advised that I am an officer authorized to make this legal commitment on behalf of Pueblo Serra, LLC. Please contact me at your convenience should you have any questions or concerns regarding the foregoing. Yours very truly, PUEBLO SERRA, a Californialimitec By: Timothy R. B Its: Chief Executi [SIGNATURES CONTINUED ON NEXT PAGE] JAN 2 2 2003 ATTACHMENT ' John Shaw • January 20, 2003 Page 2 Based upon the legal efforts expended in this case, the City of San Juan Capistrano hereby accepts and agrees to the foregoing. Mayor of the City of San Juan Capistrano TRB/os Cc: John Ramirez Eicc: TRE: Etcld TRE 02/02/1003 Icc: OS N:OOCS12000FILES\2364\2364G - Pueblo Serra, LLC\Shaw0120030S.doc