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99-0525_CAPISTRANO UNIFIED SCHOOL DISTRICT_Jt Dev & Jt Use Agr JOINTOVELOPMENT AND JOINT USE AGREEMENT BETWEEN CAPISTRANO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN JUAN CAPISTRANO THIS JOINT DEVELOPMENT AND JOINT USE AGREEMENT (this "Agreement") is made and entered into this 25 day of MAY , 1999 by and between Capistrano Unified School District (the "District'), a school district duly organized and operated under the laws of the State of California, and the City of San Juan Capistrano (the "City"), a California municipal corporation, both of whom shall be collectively referred to as the "Parties," and is based upon the following: RECITALS: WHEREAS, Section 10900 et seg. of the Education Code of the State of California authorizes the City and the District to contract with one another to establish, construct, improve, operate and maintain recreational facilities and programs; and WHEREAS, the City and the District have approved a joint plan (the "Master Plan") that provides for the development and shared use of a portion of a school site owned by the District known as the Marco Forster Middle School (hereinafter the "School Site"). The Master Plan and all related documents are attached hereto as Exhibit A and incorporated herein as if fully set forth; and WHEREAS, the Master Plan envisions development of a roller hockey rink facility, other related recreation oriented improvements (the "Facilities") upon the School Site which will provide an important educational and recreational opportunity to District students and to the community of San Juan Capistrano; and WHEREAS, bolkhe District and the City wish to A the rights to use those Facilities which are to be constructed on the School Site in the manner and at the times indicated in this Agreement; and WHEREAS, District is willing to grant to City the right to allow the public to use the Facilities on the School Site in exchange for the City's performance hereunder. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: SECTION 1 CONSTRUCTION 1.1 Compliance with the Division of State Architect. The architect's plans and specifications for the Facilities shall be submitted to the Division of the State Architect (DSA) for approval. The construction and installation of the Facilities to be placed on the School Site shall comply with all requirements of the Division of the State Architect (DSA). 1.2 Construction of the Facilities. City shall construct or cause to be constructed at its sole cost and expense the Facilities as provided in the plans and specifications and agrees to provide to District information regarding the award of a construction contract and the progress of the construction of the Facilities. 1.3 Change Orders. Except as provided below, City shall have the exclusive authority to approve change orders applicable to the Facilities if the same become necessary. City agrees to supply information regarding the change orders to the 2 District prior to the w000mmencing on the change order. • 1.4 Additional Work. City and District may mutually amend this Agreement, in writing, to modify the scope of the work related to the Facilities to include other construction work. District shall be responsible for any and all costs associated with such additional work which is solely for the benefit of the District. City shall be responsible for any and all costs associated with additional work which solely benefit the City. 1.5 Cooperation Between the City and the District. City and District shall cooperate in the construction of the Facilities and shall use all reasonable diligence in granting and/or obtaining any and all approvals necessary for the construction of the Facilities. 1.6 Schedule for Development. District and City shall mutually agree in writing upon a development schedule for the construction of the Facilities which will not disrupt the normal use and operation of the Marco Forster Middle School such that it hampers the school's ability to properly function and carry out its educational purposes. 1.7 Notice of Completion. Upon City and District approval of the final inspection of the Facilities, City shall issue a Notice of Completion and mail such notice to District. 3 SECTIO OPERATION • Except as otherwise provided in this Agreement, City shall be responsible for the operation of the Facilities and for all costs associated with the operation of the Facilities on the School Site. City agrees to annually pay District twenty percent (20%) of the amount that City is to contractually receive from City's Operator of the Facilities. At the end of each fiscal year, City shall certify to District the exact amount of revenue City has received from the City's Operator. Within thirty (30) days of said certification, City shall then transmit the amount due and owing to the District. SECTION 3 MAINTENANCE 3.1 Maintenance Costs. Except as otherwise set forth in this Agreement, City shall maintain the Facilities at its sole cost and expense during the term of this Agreement and any extensions thereof. City agrees to take all necessary action to maintain and preserve the Facilities in a safe, healthy and good working order condition satisfactory to the District and in compliance with all applicable laws. 3.2 Acts of God. The above notwithstanding, City shall not be responsible to repair or replace the Facilities if they are partially or totally damaged or destroyed by an act of God, including but not limited to occurrences such as earthquake, flood, fire or storm. In the event of such occurrence, the Parties will consider what action, if any, shall be taken to restore the Facilities. 4 3.3 Abateme&f Dangerous Conditions. City s101 be responsible to take appropriate action to abate any dangerous conditions. Any costs incurred by District to abate the dangerous condition shall be reimbursed by City within thirty (30) days of City's receipt of notice of such costs. 3.4 Closure for Maintenance. Any maintenance procedure which shall require the temporary closure of the Facilities for more than twenty-four (24) hours shall occur at times mutually agreed upon in writing between the Parties. 3.5 Utilities. City shall provide for and install all utilities necessary for the proper functioning of the Facilities. City shall pay all costs for the operation, repair and maintenance of the utilities for the Facilities during the term of this Agreement and any extensions thereof. SECTION 4 JOINT USE OF THE FACILITIES 4.1 District's Apportionment of Use. District shall have the right to the exclusive use of the Facilities located on the School Site during normal school hours. for the purposes of this Agreement, the term "normal school hours" shall be from 8:00 a.m. to 3:15 p.m., Monday through Friday, for each day that school is in session, including lunch hour. It is understood and agreed that the starting and ending times for school hours may change from school year to school year, and that for each school year, the actual starting and ending times will be those hours that school classes start and end as determined for each school year by the District. 5 4.2 City's Apaionment_of Use. The City A have the right to the exclusive use of the Facilities and the nonexclusive use of any existing parking spaces located at the front of the School Site at all times other than normal school hours. 4.3 Scheduling. City and District agree that within thirty (30) days from the date of execution of this Agreement, City and District shall establish a system to provide for the coordination and scheduling of the use of the Facilities. Such system shall include a procedure for reserving the use of the Facilities and priorities for use of the Facilities. The District will be given first priority in the use of the Facilities provided District give advance written notice to City in compliance with the Parties' reservation policy and procedure in effect at the time such notice is required. SECTION 5 TERM/EXTENSIONS 5.1 Initial Term. The Initial Term of this Agreement shall be for a period of eight (8) years commencing on the date this Agreement is fully executed by both Parties. City shall have the right to exercise an option to renew the Agreement for another two (2) years by giving written notice of the option renewal to District by not later than six (6) months from the end of the Initial Term. 5.2 Termination due to Default. In the event of default by City, District may terminate City's right to operate on the School Site at any time within the Initial Term by providing City written notice of the effective date of termination. City shall not be deemed to be in default in the performance of any obligation required to be performed by it unless and until it has failed to perform 6 such obligation0thin thirty (30) days after writte0otice by District to City specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of the City's obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In the event of default, each party shall bear its own attorneys' fees and costs. SECTION 6 OWNERSHIP OF FACILITIES: PURCHASE 6.1 Title and Ownership. District owns and holds title to the entire Marco Forster Middle School upon which will be constructed the Facilities. City shall own and hold title to the roller hockey rink and accompanying fixtures installed or constructed as part of the rink. District shall own and hold title to any and all parking lots and accompanying fixtures installed or constructed as part of the parking lots. 6.2 Option to Purchase Upon Termination. Within ninety (90) days of the termination of this Agreement or any extension thereof pursuant to Section 5 above, the District shall have the first option to purchase the Facilities. If the District decides not to exercise the right to purchase, then the Parties may agree to other terms and conditions regarding disposition of the Facilities. Transfer of title as a result of the purchase shall occur in the same manner as outlined in Section 6.3 below. District's purchase of the Facilities shall result in City's rights pursuant to Section 4.2 "City's Apportionment of Use" being terminated. 7 6.3 Transfer Oitle. Transfer of title and ownersh'prom City to District of the Facilities installed or constructed shall be deemed complete after City Council's and District Governing Board's approval of such transfer and District's delivery to City of funds necessary for the purchase of the Facilities. Transfer of title from City to District of the Facilities permanently and immediately terminates any and all of City's rights and obligations under this Agreement with regard to those Facilities and such Facilities shall be operated in District's sole discretion. 6.4 Purchase by Third Party. City agrees that the Facilities shall not be sold to any third party at any time without the prior written consent of the District. SECTION 7 INDEMNIFICATION/INSURANCE 7.1 District's Obligation of Indemnification. Neither City nor any officer or employee of City shall be responsible for any personal injury or property damage or liability occurring by reason of any negligent acts or negligent omissions on the part of District, its officers, employees or agents in connection with this Agreement. Additionally, District shall fully indemnify, defend and hold the City harmless from and against any liability imposed as a result of any injury whatsoever occurring by reason of any negligent acts or negligent omissions on the part of District, its officers, employees or agents in connection with this Agreement. 7.2 City's Obligation of Indemnification. Neither District nor any officer or employee of District shall be responsible for any personal injury or property damage or liability occurring by reason of any negligent acts or negligent omissions on the part of 8 City, its officers, empl*s or agents in connection with th'PAgreement. Additionally, City shall fully indemnify, defend and hold District harmless from and against any liability imposed as a result of any injury whatsoever occurring by reason of any negligent acts or negligent omissions on the part of the City, its officers, employees or agents in connection with this Agreement. City agrees to require City's Operator of the Facilities to contractually enter into an appropriate indemnity covenant in favor of City and District. 7.3 District's Insurance Obligations. District shall maintain general liability insurance with combined single limit of not less than $1 million per occurrence for the entire term of this Agreement and any extensions thereof. Such insurance shall name City, its officers, employees and agents as additional insured. District shall furnish properly executed certificates of insurance to City within thirty (30) days of entering into this Agreement, which certificates shall clearly evidence all coverages required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to City. 7.4 City's Insurance Obligations. City shall provide a certificate to District establishing that it is part of the Southern California Joint Powers Insurance Authority under which City is provided with general liability insurance of not less than $1 million dollars. Such insurance shall name District, its Governing Board, its officers, employees, and agents as additional insureds and shall be primary with respect to insurance or self-insurance programs maintained by District. 9 City shall furni*roperly executed certificates of flurance to District within thirty (30) days of entering into this Agreement, which certificates shall clearly evidence all coverages required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to District. City shall require any City Operator to acquire and maintain at all times general liability insurance with a combined single limit of not less than five million dollars ($5,000,000.00) per occurrence for property damage and personal injury with respect to all activities of the City's Operator in the operation of the Facilities and shall require the City Operator to name the City and District as additional insured. SECTION 8 GENERAL PROVISIONS 8.1 Notice. Every notice, demand, request, designation, consent, approval or other document or instrument delivered pursuant to this Agreement shall be in writing and shall be either personally delivered, sent by Federal Express or other reputable overnight courier, sent by facsimile transmission with the original subsequently delivered by other means within three (3) working days of the facsimile transmission, or sent by registered or certified United States Mail (postage prepaid, return receipt requested), to the addresses set forth below or to such other addresses as the Parties may designate from time to time: If to District: Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 Attention: Daniel J. Crawford Assistant Superintendent 10 If to City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: City Manager Written notice served by registered or certified mail shall be deemed delivered forty- eight (48) hours after the date mailed. Other notices shall be effective upon delivery. 8.2 Taxes To the extent that there may be any possessory interest taxes arising out of this Agreement or the construction and operation of the Facilities, District shall not be responsible for those taxes. 8.3 Covenants and Conditions. Each term and each provision of this Agreement performable by either party shall be deemed both a covenant and a condition. 8.4 Partial Invalidity. If any term or provision of this Agreement or any extension or application thereof to any party or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or any extension shall be valid and enforced to the fullest extent permitted by law. 8.5 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any action by the District requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of District. District's consent or approval of any 11 action by the City regAg District's consent or approval snot be deemed to waive or render unnecessary District's consent to or approval of any subsequent act of City. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.6 Entire Agreement. This Agreement represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Agreement. This Agreement shall be governed by the laws of the State of California and construed as if drafted by both City and District. This Agreement may not be modified, altered or amended except in writing by the Parties. 8.7 Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the Parties to this Agreement. 8.8 Headings. Headings at the beginning of each numbered article and section of this Agreement are solely for the convenience of the Parties and are not part of this Agreement. As they are intended for reference only, no legal significance of any kind shall be attached to such headings. 12 IN WITNESS WHEREOF, City and District have executed this Agreement in one or more counterpart which, taken together, shall constitute one Agreement as of the date indicated above. PISTRANO UNIFIED SCHOOL DISTRICT D . James A. Fleming Superintendent CI O SAN UAN CAPISTRANO ohn Greiner Mayor ATTEST: Cheryl J son ' City Clerk APPROVED AS TO FORM: 9_e2�_ City AttoKiey 13 ' NEW s.. RM WN.RW,.Y - \ NE f'('p9fRFTF WALKx A1J �• Nreu L I'IIII1I�'1III{III'1I1'�IIIITI�■}IIIIII{'''III1�+ k k OEKN r RFIK'II O `\ • EXISTMGT NNIS COURT r ISTMG I 3 O XISTMD "LRT 55. 13 td1600 "Wooden wll Io De moved I end �/` _ .0 VI 1 W NI N VI IrRnYmwx UI N E3Hh- S 1 t k/ / n..... O O I L: l E3n1- � NEW FENCE a - ,N„ , f� R • (110 uart naru.Na NI pSCnK MY 1110 N[!➢AR:W,mu 5 ,s ae P ;111KLE ;111:1 KEI'¢R+ EXHIBIT A - MASTER PLAN • a� x .1 ELSIWC L T w 11 BYI _a my " r E%ISIOMim nsa S 1 A Y 3 k 1 1 - A m o.c..c.oa w rruwo.r.0 r r Q_� REVOLVf10N POLIER IIOOKEY DEVELOPAIEN . DAA NINKL£F E INC JTR7 l EXHIBIT A- MASTER PLAN OCT.27.2004 7:57AM CUSD INSURANCE NO.750 P.114 CAPISTRANO UNIFIED SCHOOL DISTRICT 32972 CALLE PERFECTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 FACSIMILE COVER SHEET DATE: October 27, 2004 TO: Kathleen Springer COMPANY City of San Juan Capistrano FAX# 493-3955 FROM: Denise Tkach,Human Resources Specialist,Insurance CAPISTRANO UNIFIED SCHOOL DISTRICT 32972 CALLE PERFECTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 FAX#(949)487-0671 TELEPHONE#(949)489-7270 FAXING 4 COPIES IF YOU DO NOT RECEIVE ALL PAGES, PLEASE PHONE ME. MESSAGE: I am faxing certificate regarding use of facilities,both for$1,000,000 and the excess insurance that you require. Denise Tkach S. OCT.27.2004 7:5eAM CUSD INSURANCE "0.750 P.2i4 EVIDENCE OF COVERAG Capistrano Unified School District MEMORANDUM NUMBER: 101 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not amend.extend,of alter the coverage afforded by the memoranda listed below. CERTIFICATE HOLDER INFORMATION City of San Juan Capistrano Attn: Community Services Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Covera a Period: Effective: 7.1-04 Expires 12:01 a.m.: 7-1-05 This is so certify that die Alliance of Schools for Cooperative Insurance Programs(ASCIP)Memorandum of Coverages on insurance listed below have been issued to the Covered Parry named above for the period indicated. Notwithstanding any requirement, term,or condition of any contract or other document with aspect to which this Evidence of Coverage may be used or may pertain,the coverages afforded by the Memorandum of Coverages described heroin aro subject to all the terms,exclusions,and conditions of such Memorandum of Coverages. TYPE OF COVERAGE LIMIT OF LIABILITY/COVERAGE General Liability $1,000,000 Combined Single Limit Per Occurrence Should any of the above coverages For the Covered Party be changed or withdrown prior to the expiration date issued above.ASCIP will mail 30 days written notice to the Certificate Holder,but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents. or representatives. If you have any questions,contact: Ms.Paula Chu Tanguay,Chief Administrative Officer ASCIP • 12750 Center Court Dative - Suite 205 Cerrims.CA 90703 - (562)403-4640 Authorized Representative Date Issued: 6-3-04 e ASCIP is-joint powers authority pursuant to Article I (commencing with Section 6500)of Chapter 5 of Division 7 of Title I or the Government Code And Sections 39603 and 81603 of die Education Code. Rev 5.97 101-04105-16C A A\ Iliance of Schools for Cooperative Insurance Programs 91 12750 Centro Coen Drive.Swie 505,Centum,CA 90703(562)4034640 OCT.27.2004 7:58AM CUSD INSURANCE NO.750 P.3i4 Additional Covered Party Endorsement District: Capistrano Unified School District Endorsement No. 101-04/05-16A Additional Covered Party: Description of Operations, Vehicle, or Property: City of San Juan Capistrano As respect use of various city facilities Coverage Period: Effective: 7-1-04 Expires 12:01 a.m.: 7705 The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above in accordance with the provisions contained in the Memorandum of Coverage(MOC). The coverage extended hereby applies only with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by ASCIP in issuing this endorsement to defend and/or indemnify the Additional Covered Party only if the District is solely negligent. In issuing this endorsement,ASCIP intends and agrees to extend coverage pursuant to the terms and conditions of the MOC to the Additional Covered Party named above only to the extent that the Additional Covered Party faces liability arising out of claims, demands,or lawsuits claiming money damages on account of bodily injury qr property damage as defined and limited in the ASCIP MOC. The limits of liability extended to the Additional Covered Party listed above is$1,000,000 per occurrence for liability. Authorized Representative: I Fl�r— Date Issued: 6:L ASCIP is ajoint powers authority pursuant to Article I (commencing with Section 6500)of Chapter 5 of Division 7 of Title I of rhe Govemmcnt Code and Sections 39603 and 01603 of the Education Code. Rev 5197 I A Illance of Schools for Cooperative Insurance Programs �' 12750 Cancer Cao.DdVq Snde 205,Cemims,CA 90703(561)403.4640 OCT.27.2004 n 7:58AM rrt CUSD INSURRNCELIRtl FD 9163215311 TO 194948706TN0.750 P.0<P.4i4 Adik AdPh Schools Excess Liability Fund 15311 Street, Suite 300, Sacramento, CA 95814 Toll Free(866) 456.5300; Phone(916)321-5300;Fax(916)321-5311 ***CERTIFICATE OF COVERAGE'*" III CERTIPICAT$HOLDER 121 MEMORANDUM OF COVERAGE ISSUED TO: City Of San Juan Capistrano Capistrano Unified 32400 Paseo Ade)anto 32972 Calle Perfecto Ann:Community Services Dept San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 CERTIFICATE#: 3266 CDS d 3066464 DATE OF ISSUE: 10119J2004 JPA M 1971001 EXPIRATION DATE 6/30/2005 13J DESCRIPTION OF OPERATION: j As respects use of various cityfycilities FROM: 7)112004 TO: 6!30/2005 (4J GENERAL Bt AUTO LIABILITY ISSUED BY SELF: I LIMITS: $2 MILLION,EXCESS OF SiMMLION i The Certificate holder Identified in item,#1 is hereby named an ADDITIONAL COVERED PARTY with respect to the coverage described in item 04 above within the following assumptions: (a) The ADDITIONAL COVERED PARTY operates under authority of the education code, and for a public propose beneficial to the MEMBER described in item#2, or (b) The MEMBER described in item#2 has, for a public purpose beneficial to the MEMBER, entered into a contract with the ADDITIONAL COVERED PARTY and such contract provides for indemnification of the ADDITIONAL COVERED PARTY by the MEMBER. Coverage extended to the ADDMONAL COVERED PARTY shall be no greater than the degree of indemnity required by the contract and in no event more than that limit afforded by the MEMORANDUM OF COVERAGE described in item#4. (c) This coverage does not extend to the sole negligence, or willful misconduct of the ADDITIONAL COVERED PARTY, It is understood that the SCHOOLS EXCESS LIABILITY FUND is a JOINT POWERS AUTHORITY operating under provisions of Title 1, Division 7, Chapter 5,Article 1,ofthe Government Code, commencing with Section 6500. Coverage is in effect at tlris time and will not be cancelled, limited or allowed to expire without renewal until 60 days written notice ties been given to the certificate holder. However, failure to mail such a notice shall impose NO OBLIGATION OR LIABILITY UPON THE SCHOOLS EXCESS LLt►BILMY FUND, Thomas F.Osborne,Pxecutive Director LM$l;ep,t„aar.ryl wn U5330.r I ,vur TMTGI DAMC OCT 19 '04 14:46 FR SCHOOL EXCESS LIRB FD 9163215311 TO 19494933955 P.02102 Schools Excess Liability Fund 15311 Street, Suite 300, Sacramento, CA 95814 Toll Free(866)456-5300; Phone(916)321-5300; Fax(916)321-5311 *** CERTIFICATE OF COVERAGE *** Ill CERTIFICATE HOLDER 121 MEMORANDUM OF COVERAGE ISSUED TO: City Of San Juan Capistrano Capistrano Unified 32400 Paseo Adelanto 32972 Calle Perfecto Attn: Kathleen Springer San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 CERTIFICATE#: 3267 CDS# 3066464 ' DATE OF ISSUE: 10/20/2004 JPA# 19JI001 ' EXPIRATION DATE 6/30/2005 131 DESCRIPTION OF OPERATION: The City and CUSD to work together to provide for outdoor facilities at Marco Forster Middle School,to provide maintenance of he sports fields,to provide public use, including use be community orgonizations of the sports field. FROM: 7/1/2004 TO: 6/30/2005 141 GENERAL&AUTO LIABILITY ISSUED BY SELF: LIMITS: $3 MILLION,EXCESS OF$IMILLION The Certificate holder identified in item #1 is hereby named an ADDITIONAL COVERED PARTY with respect to the coverage described in item #4 above within the following assumptions: (a) The ADDITIONAL COVERED PARTY operates under authority of the education code, and for a public purpose beneficial to the MEMBER described in item#2,or (b) The MEMBER described in item #2 has, for a public purpose beneficial to the MEMBER, entered into a contract with the ADDITIONAL COVERED PARTY and such contract provides for indemnification of the ADDITIONAL COVERED PARTY by the MEMBER. Coverage extended to the ADDITIONAL COVERED PARTY shall be no greater than the degree of indemnity required by die contract and in no event more than that limit afforded by the MEMORANDUM OF COVERAGE described in item#4. (c) This coverage does not extend to the sole negligence, or willful misconduct of the ADDITIONAL COVERED PARTY. It is understood that the SCHOOLS EXCESS LIABILITY FUND is a JOINT POWERS AUTHORITY operating under provisions of Title 1, Division 7, Chapter 5, Article 1, of the Goverment Code, commencing with Section 6500. Coverage is in effect at this time and will not be cancelled, limited or allowed to expire without renewal until 60 days written notice has been given to the certificate holder. However, failure to mail such a notice shall impose NO OBLIGATION OR LIABILITY UPON THE SCHOOLS EXCESS LIABILITY FUND, eThomasOsborne,Executive Director LMSj:cen1_0Q ryl .m 0523431 ** T07RL PRGE.02 ** 32400 PASEO ADELANTO i% MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)4931171 �,y L SAM ALLEVATO (949)493^1053 FAX tomin(PAPORRIE1 DIANE L.BATHGATE p 10 1961 o WYATT wwwsan1 uanca istrano.org 1776 DAVID M.SWERDLIN June 3, 2004 N Capistrano Unified School District Attn: Jan Cannon, Risk Manager 32951 Calle Perfecto San Juan Capistrano, CA 92675 RE: Compliance with Insurance Requirements — Joint Development Agreement— Hockey Fields/Joint Facilities Maintenance Marco Forster Sports Field The following insurance documents are due to expire: J General Liability Certificate 7/1/2004 General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk' ffice, 32400 aseo Adelanto, San Juan Capistrano, CA 92675 by the above expi do at . If y have any questions, please contact me at (949) 443-6309. Si M , u r Secretary cc: AL Kim, Jr., Community Services Director 1A' l•/ Y San Juan Capistrano: Preserving the Past to Enhance the Future �(v 7 e EVIDENCE OF COVERAGE Capistrano Unified School District MEMORANDUM NUMBER:'.101 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence or Coverage does not amend,extend or alter the coverage afforded by the memoranda fisted below. CERTIFICATE HOLDER INFORMATION City of San Juan Capistrano Attn: Community Services Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Coverage Period: Effective: 7-L03. Ez ires 12:01 a.m.: 7.1.04 This is to certify that the Alliance of Schools far Cooperative Insurance Programs(ASCIP)Memorandum of Coverages on insurance listed below have been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement,term,or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain.the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms,exclusions,and conditions of such Memorandum of Coverages. TYPE OF"COVERAGE LIMIT OF LIABILITYICOVERAGfl General Liability $1,000,000 Combined Single Limit Per Occurrence Should any of the above coverages for the Covered Party he changed or withdrawn prior to the expiration date issued above, ASCIP will mail 30 daye written notice to the Certificate Holder.but failure to mail such notice shall impose no obligation or liability of any hind upon ASCII',its agents, or representatives. If you have any questions,contact; Ms.Paula Chu Tanguay,Chief Administrative Officer ASCIP • 12750 Center Court Drive Suite 220 Cerritos,CA 90703 • (562)403-4640 Authorized Representative: - Date issued: 6-19-03 *ASCIP is ajoint powers authority pursuant to Article l (commencing with Section 6500)of Chapter 5 of Division 7 of Title I of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5-97 101-03/04-08C Iliance of Schools for Cooperative Insurance Programs �' 12750 C*nEO 0wrt Drwc,Surto 220,C"tw,CA 90703(562)4034640 JUL. l.LVVJ LV JU�ii �.v.�V ♦i�.��i�r•i ice. . . .� ,_ - _ _ I Additional Covered Party Endorsement District: Capistrano Unified School District Endorsement No. 101-03/04-08A Additional Covered Party: Description of Operations,Vehicle, or Property: City of San Irian Capistrano As respects use of various city facilities Coverage Period: Effective: 7-1-03.. Expires 12:01 a.m.: T-1-04 The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above in accordance with the provisions contained in the Memorandum of Coverage(MOC). The coverage extended hereby applies only with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by ASC1P in issuing this endorsement to defend and/or indemnify the Additional Covered Party only if the District is solely negligent. In issuing this endorsement, ASCII'intends and agrees to extend coverage pursuant to the terms and conditions of the MOC to the Additional Covered Party named above only to the extent that the Additional Covered Party faces liability arising out of claims, demands,or lawsuits claiming money damages on account of bodily injury or property damage as defined and limited in the ASCIP MOC. The limits of liability extended to the Additional Covered Party listed above is$1,000,000 per occurrence for liability. Authorized Representative: - Date Issued: 6-19-03 ASCIP is a joint powers authority pursuant to Attietc 1 (commencing with Section 6500)of Chapter 5 of Division 7 of Title 1 of the Govemment Code and Sections 39603 and 81603 of the Pduration Code. Rev 5197 A\Iliance of Schools for Cooperative Insurance Programs 01--- 42750 Cantel Cour Drive,Suite 220,CMiMs.CA 9070(562)403AW J UL. 1.LUe1J 1r� .�Unii i.u,.w ar uurvn �.� Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, CA 92675 July 1, 2003 ZOO) JUL - ! P FAX TRANSMISSION COVER SHET. r.r TO: Ms. Dawn Schanderl Deputy City Clerk City of San Juan Capistrano Fax Number: 949-493-1053 FROM: Jan Cannon, Manager, Insurance Programs Telephone: 949489-7291 Fax Number: 949-487-0671 SUBJECT: Certificate of Insurance NUMBER OF PACES: 3 (including cover sheet) This is in response to your letter dated June 24, 2003, requesting an updated certificate of insurance. Our records indicate that the requested certificate of insurance was issued on June 19, 2003. In the event you have not received same, a copy is included with this transmission. 32400 PASEO ADELANTO 11170111TH SAN JUAN CAPISTRANO, CA 92675 DiMBM11 I 1961 MEMBERS OF THE CITY COUNCIL (949) 493-1171 1776 DIANELBATHGATE (949) 493-1053 (FAX) JOHN S.GELFF lulu Ir.sanjuancapistrano.org JOSS HART • • JOE SOTO DAVID M.SWERDUN CITYMANAGER GEORGESCARBOROUGH June 24, 2003 Capistrano Unified School District Attention: Jan Cannon, Risk Manager 32951 Calle Perfecto San Juan Capistrano, California 92675 RE: CompliancewithInsurance Requirements-Joint Development Agreement-Hockey Fields/Joint Facilities Maintenance Marco Forster Sports Field The following insurance documents are due to expire: V General Liability Certificate 7/1/2003 General Liability Endorsement naming the City of San Juan Capistrano as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration date. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn Schanderl Deputy City Clerk cc: Al King Jr., Director of Community Services MUG use is San Juan Capistrano: Preserving the Past to Enhance the Future ................................. ACORYGATE IMM DDNYI5128199 ... ....... ........... PRODUCER 619-231-1010 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION John Burnham & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 610 West Ash Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 2910 COMPANIES AFFORDING COVERAGE San Diego, CA 92112-2910 COMPANY A Firemans Fund Ins. Company INSURED COMPANY B Capistrano Unified School Dist COMPANY Attn: Jan Cannon, Risk Mgr. C f 32951 Calle Perfecto COMPANY San Ju anD ih..92675'. .............. I..........I.... ,. ........ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR It!RPOLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ZCT-TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CoPOLICY EFFECTIVE POLICY EXPIRATION Lm TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DDNY) OMITS A GENERAL LIABILITY KXC80356690 7/01/97 7/01/00 _GENERAL AGGREGATE $ 15000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG 4 CLAIMS MADE OCCUR SUBJECT TO PERSONAL&ADV INJURY II OWNER'S&CONTRACTOR'S PROT $125,000 S.I.R. EACH OCCURRENCE $ 1000000 X WRONGFUL FIRE DAMAGE(Any..a fin.) $ ACTS MED EXP(Any on.person) 8 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (P.,parson) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE II GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 8 ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT II AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE 5 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND WC SfiT_U 0TH. EMPLOYERS'LIABILITY TORY LIMITS ER — _EL EACH ACCIDENT 41 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT 6 PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE s OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNMICLgSISPMIAL ITEMS RE: USE OF PREMISES CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: CITY MANAGER 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO, CA 92675 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED NTAk? I .._........ .......... ............... INSURED POLICY NUMBER CAPRISTRANO 'UNIFIED SCHOOL DISTRICT KXC80356690 PRODUCER EFFECTNE DATE JOHN BURNHAM&COMPANY 04496-731-03 11/1/97 BLANKET ADDITIONAL INSURED ENDORSEMENT THROUGHOUT THIS POLICY THE WORDS YOU AND YOUR REFER TO THE NAMED INSURED SHOWN IN THE DECLARATIONS, AND ANY OTHER PERSON OR ORGANIZATION QUALIFYING AS AN INSURED (SECTION II) UNDER THIS POLICY. COMMERCIAL GENERAL LIABILITY AND WRONGFUL ACTS COVERAGE FORM, SECTION 11. WHO IS AN INSURED INCLUDES THE FOLLOWING DEFINITION: d. ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY A WRITTEN CONTRACT TO INCLUDE AS AN INSURED, SUBJECT TO ALL OF THE FOLLOWING PROVISIONS: 1. COVERAGE IS LIMITED TO LIABILITY ARISING OUT OF: (a) THE OWNERSHIP, MAINTENANCE OR USE OF THAT PART OF THE PREMISES, OR LAND OWNED BY, RENTED TO, OR LEASED TO YOU; OR (b) YOUR ON-GOING OPERATIONS PERFORMED FOR THAT INSURED; OR (c) THAT INSURED'S FINANCIAL CONTROL OF YOU; OR (d) THE MAINTENANCE, OPERATION OR USE BY YOU OF EQUIPMENT LEASED OR RENTED TO YOU BY SUCH PERSON(S) OR ORGANIZATION. 2. THE INSURANCE PROVIDED DOES NOT APPLY TO ANY OCCURRENCE OR OFFENSE: (a) WHICH TOOK PLACE BEFORE THE EXECUTION OF, OR SUBSEQUENT TO THE COMPLETION OR EXPIRATION OF THE WRITTEN INSURED CONTRACT, (b) WHICH TAKES PLACE AFTER YOU CEASE TO BE A TENANT IN THAT PREMISES. ONE OFTHE �((..J �._.: ` COUNlERStGNATUREAGENT FIREMAN'S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY PRESIDENT JtDRLSCOLUENDORSEDOC flap*trano Unifiedtchool District Excellence in Education 32972 Calle Perfecto, San Juan Capistrano, California 92675 Telephone (949)489-7000/FAX 240-6241 CAPMTRANO; utatweo acroo�asmrex+ May 27, 1999 BOARD OF TRUSTEES Cheryl Johnson MARLENE M.DRAPER President City Clerk SHEILA J.BENECKE City of San Juan Capistrano Vice President 32400 Paseo Adelanto DR.PETER J.ESPINOSA San Juan Capistrano, CA 92675 Clerk SUZY ELLIOTT SUBJECT: Conversion of Marco Forster Middle School Tennis Courts Member SHELIA J.HENNESS into Roller Hockey Courts Member CRYSTAL Dear Ms. Johnson: KOCHENDORFER Member The Board of Trustees of Capistrano Unified School District, at their meeting DR.EY PAGD of May 24, 1999, approved the Joint Development and Joint Use Agreement DALEV PAGELOW Y PP p g Member with the City of San Juan Capistrano for the conversion of the tennis courts at SUPERINTENDENT Marco Forster Middle School to roller hockey courts. DR.JAMES A.FLEMING DIVISION OF One fully-executed copy of the Joint Development and Joint Use Agreement OPERATIONAL SERVICES is enclosed for your records. The general liability insurance certificate will be DANIEL J.CRAWFORD mailed directly to your office. Assistant Superintendent JOE DIXON I appreciate the opportunity to work cooperatively with the City on this joint Director III Maintenance 8 Operations project. If I can provide additional information, please do not hesitate to contact me at 489-7223. WILLIAM J.CALDWELL Director Food and Nutrition Services Sincerely, RALPH E.DECATUR n � Director ��JL/•/// ���t�����.+� Transportation Daniel J. Crawford Assistant Superintendent Operational Services DJC:yc Enclosure YC C Wy DocomemsWgreementsVt.Use Ag t Roller Hockey Rink MFMS Serving the Southern California communities of Aliso Viejo•Coto do Caza•Dana Point•Laguna Niguel•Las Flores•Mission Viejo•Rancho Santa Margarita•San Clemente•San Juan Capistrano f An updhQd arborist report had been received recommending that the three Coast Live Oak _ trees be rem ed and replaced rather than boxed. Staff retained the services of Valley Crest Tree Services, o concurred that two of the trees would not survive replanting,but felt that the third tree wash ,thy enough to survive transplanting. Staff recommended that the two oak trees be removed d replaced as follows: the 20-inch caliper oak tree be replaced with four 60-inch box Coast Lt Oak trees with an initial height at planting between 16-feet and 18-feet; and, the 6-inch calip oak tree be replaced with one 60-inch box Coast Live Oak and an initial height at planting 16-feet to 18-feet. The Planning Director made an oral pr ntation. Approval of Revised Tree Preservation Pro r It was moved by Council Member Campbell, sec ed by Council Member Swerdlin and unanimously carried to approved the revised Tree Pre ation Program by permitting the removal of two Coast Live Oak trees and replacement with t 60-inch box Coast Live Oak trees having a minimum initial planting height of 16-feet to 18- e COMMUNITY SERVICES DIRECTOR 1. APPROVAL OF CONVERSION OF THE MARCO FORSTER MIDDLE SCHOOL TENNIS COURTS INTO ROLLER HOCKEY COURTS AND APPROVAL OF RELATED AGREEMENTS(REVOLUTION ROLLER HOCKEY/CAPISTRANO UNIFIED SCHOOL DISTRICT) (600.30/600.50) Written Communications: Report dated May 18, 1999, from the Community Services Director,advising that a request for Proposal had been issued for conversion of the existing two tennis courts at the Marco Forster Middle School into roller hockey courts. Nine proposals were sent out; only one response had been received. The project is to be a,joint project with the Capistrano Unified School District. The Report recommenced approval of a License Agreement with Revolution Roller hockey,to construct and operate the facility: and,approval of a Joint Use Agreement with the School District, for lease of the land to the City. Both agreements will be effective for a period of 8 years, with an option to renew for another two years. The City will receive compensation from ReVOIUTIons Roller Hockey in the amount of$10 per participant for each hockey session and 10% of the gross revenues from tournaments, clinics, camps, facility rentals and an} additional revenues derived from the court usage. The Community Services Director made an oral presentation. Council Member Swerdlin expressed concern that there be adequate insurance coverage. The City Attorney advised that the issued had been addressed in the Agreements. Public Comments: 1. Wyatt Malcolm, 29282 Sonoma Way, spoke in support of the proposal. City Council Minutes -10- 5/18/99 • 2. Alan Johnson, 1308 Felipe, San Clemente, a partner in Revolution Roller Hockey, spoke on behalf of Joe Soto and himself and urged the Council's support of this proposal. 3. Marc Anderson, 25 Finca, San Clemente, spoke in support of the proposal. Approval of Tennis Court Conversion and Aereements: It was moved by Council Member Campbell, seconded by Council Member Hart and unanimously carried to approved the proposed Joint Use Agreement with the Capistrano Unified School District for reuse of the Marco Forster tennis courts; and, to approve the License Agreement with Revolution Roller Hockey designating and authorizing the contractor to construct, operate and maintain the roller hockey courts and programs. OANCES -None COUNC MANIC ITEMS 1. APPR AL OF SALARY RANGE - CITY MANAGER POSITION 600.30 Written Com unications: Report dated 18, 1999, from the Mayor,recommending that the City Manager position be assigned a five- ep salary range. The Report noted that while the compensation practice over a number of ye s had been to compensate employees based upon the median total compensation for simila ositions in cities of similar size and circumstances,since 1992 the City Manager position had en excluded from the practice and the position's compensation had fallen behind the median r similar cities. Approval of Salary Range and PI ent- City Manalzer Position: It was moved by Council Member Ca bell, seconded by Council Member Hart that the following Resolution be adopted: RESOLUTION NO.99-5-18-3.AMEN G RESOLUTION NO. 94-12-6- 5. THE CITY'S PERSONNEL ASSIFICATION AND COMPENSATION PLAN - FISCAL YEAR 98-99 CITY MANAGER SALARY -A RESOLUTION OF THE CITY CO CIL OF THE CITY OF SAN JUAN CAPS"I'RANO, CALIFORNIA, AMEN NG RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL CLA\Mar COMPENSATION PLAN (FISCAL YEAR 1998-99 SALARY) The motion carried by the following vote: AYES: Council Members Jones,Swerdlin,HarNOES: None ABSENT: None City Council Minutes -I I- , 32400 PASEO ADELANTO ® MEMBERS OF TLE U NCIL OLLENE C A MPBELLSAN JUAN CAPISTRANO,CA 92675 JOHN GR (949)493-1171 V1ATT HART (949)493-1053 (FAX) ' nMRnMr 1961 GILJONES 1776 DAVID M.SW EROUN • CITU MANAGER GEORGE SCARBOROUGH May 19, 1999 Mr. Dan Crawford, Assistant Superintendent Operational Services Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 Re: Conversion of Marco Forster Middle School Tennis Courts into Roller Hockey Courts Dear Mr. Crawford: At their meeting of May 18, 1999, the City Council of the City of San Juan Capistrano considered the proposal to convert the Marco Forster tennis courts into roller hockey courts. The City Council subsequently approved the Joint Development and Joint Use Agreement with the School District for the reuse of the tennis courts; and, the License Agreement with Revolution Roller Hockey for construction, operation and maintenance of the roller hockey courts and programs. Two copies of the Joint Development and Joint Use Agreement have been signed by the City and are enclosed. Upon approve; by the School District please return one fully-executed copy to this office. Pursuant to Section 7.3, please forward a general liability insurance certificate to the City Clerk's office within 30 days of approval of the Agreement. Pursuant to Section 7.4, the City will provide the District with a general liability insurance certificate within 30 days of approval of the Agreement. The City appreciates the opportunity to work with the School District on this project. Please feel free to contact All King, Community Services Director, at 493-5920 if you have any questions. Very truly yours, NI-11a 7 — Cheryl John o�/ City Clerk Enclosure cc: Joe Dixon James Sieger Roger Ayers Alan Johnson Al King Karen Crocker San Juan Capistrano: Preserving the Past to Enhance the Future .. .................... .................... DATE(MM/DDNY) 6/2 0 ..... APOAR i t a . .. ....... U OF THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER 619-23"eVVED ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE John Burnham & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 610 West Ash Street JUN 29 1 38 PH '*TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 122910 COMPANIES AFFORDING COVERAGE San Diego, CA 92112-2910 CITY CLERK COMPANY DEPARTMENT A Firemans Fund Ins. Company INSURED CI I I Or �)AN JUAN CAPISMAN; COMPANY B Capistrano Unified School Dist COMPANY Attn: Jan Cannon, Risk Mgr. C 32972 Calla Perfecto COMPANY an Juan Ca ist CA 92675 D 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DD/YY) DATE IMM/DD/YY) A GENERAL LIABILITY KXC80388426 7101/00 7/01/03 GENERAL AGGREGATE $ 15000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO 4 CI-AIMS MADE F OCCUR SUBJECT TO PERSONAL&ADV INJURY $ OWNER'S&CONTRACTOR'S PROT $100,000 S.I.R. EACH OCCURRENCE $ 1000000 X WRONGFUL HIMLAMAny one * I, I, ACTS ME. 'IAn, I, AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Pe'person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Pe, ccid.M) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT 41 AGGREGATE EXCESS LIABILITY EACH OCCURRENCE 0 UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM _7T�W WORKERS COMPENSATION AND ZC STATUT OTRH 'Y'M EMPLOYERS'LIABILITY EL EACH ACCIDENT E$ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: E EXCL EL DISEASE-EA EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: USE OF PREMISES CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AjMA".MO..kky'..*��7'iR-.R ft -XX *0...... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: CITY MANAGER 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF MY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. SAN JUAN CAPISTRANO, CA 92675 AUTHORIZED RE NTA zf-- .......... INSURED POLICY NUMBER CAPISTRANO UNIFIED SCHOOL DISTRCIT KXC80388426 PRODUCER - EFFECTIVE DATE JOHN BURNHAM &COMPANY 04-496-731-03 7/1/00 BLANKET ADDITIONAL INSURED ENDORSEMENT THROUGHOUT THIS POLICY THE WORDS YOU AND YOUR REFER TO THE NAMED INSURED SHOWN IN THE DECLARATIONS, AND ANY OTHER PERSON OR ORGANIZATION QUALIFYING AS AN INSURED (SECTION II) UNDER THIS POLICY. COMMERCIAL GENERAL LIABILITY AND WRONGFUL ACTS COVERAGE FORM, SECTION II. WHO IS AN INSURED INCLUDES THE FOLLOWING DEFINITION: d. ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY A WRITTEN CONTRACT TO INCLUDE AS AN INSURED, SUBJECT TO ALL OF THE FOLLOWING PROVISIONS: 1. COVERAGE IS LIMITED TO LIABILITY ARISING OUT OF: (a) THE OWNERSHIP, MAINTENANCE OR USE OF THAT PART OF THE PREMISES, OR LAND OWNED BY, RENTED TO, OR LEASED TO YOU; OR (b) YOUR ON-GOING OPERATIONS PERFORMED FOR THAT INSURED; OR (c) THAT INSURED'S FINANCIAL CONTROL OF YOU; OR (d) THE MAINTENANCE, OPERATION OR USE BY YOU OF EQUIPMENT LEASED OR RENTED TO YOU BY SUCH PERSON(S) OR ORGANIZATION. 2. THE INSURANCE PROVIDED DOES NOT APPLY TO ANY OCCURRENCE OR OFFENSE: (a) WHICH TOOK PLACE BEFORE THE EXECUTION OF, OR SUBSEQUENT TO THE COMPLETION OR EXPIRATION OF THE WRITTEN INSURED CONTRACT, (b) WHICH TAKES PLACE AFTER YOU CEASE TO BE A TENANT IN THAT PREMISES. ONE OF THE I�_/ / O TERSIGNATUR�E OFF AUTHORIZED AGENT FIREMAN'S FUND INSURANCE COMPANIES I�*`V► { uf�"' p `' • AS NAMED IN THE POLICY PRESIDENTa "� JADRISCOWENDORSE.DOC AGENDA ITEM May 18, 1999 TO: George Scarborough, City Manager FROM: Al King, Jr., Community Services Director SUBJECT: Consideration of Proposed Conversion of the Marco Forster Middle School Tennis Courts into Roller Hockey Courts, and Agreements for Operation of Courts and Program and for Joint Development and Use of the Facilities (Revolution Roller Hockey/Capistrano Unified School District) RECOMMENDATION: A. Approve the proposed Joint Use Agreement between the City and the Capistrano Unified School District for reuse of the Marco Forster tennis courts. B. Approve the City and Revolution Roller Hockey License Agreement designating/authorizing the contractor to construct, operate and maintain the roller hockey courts and programs. ------------------------------------------------------------- ----------------------------------------------------------------- SITUATION: A. Background In April 1998, the San Juan Capistrano City Council authorized the Community Services Department to initiate a Request for Proposal (RFP) for receipt of conceptual proposals to convert the existing two (2)tennis courts at Marco Forster Middle School into roller hockey courts. Subsequent to this direction, the Community Services Department prepared and sent out the Request for Proposal to nine(9)contractors specializing in roller hockey construction and operation as well as those who have shown an interest in conducting a roller hockey program within the City of San Juan Capistrano. A copy of the RFP and project plans are available for City Council review in the Council office, and a copy is available for public review in the City Clerk's office. From the nine (9) proposals mailed, the City received only one response proposal for the conversion project. Worldwide Roller Hockey Facilities and California Street Hockey had responded to the proposal by thanking us for being considered; however, they were not interested in the project. Worldwide Roller Hockey Facilities felt that the project was too small for their company and were interested only in a large commercial, roofed facility. California Street Hockey did not want to fund and construct the courts but would be interested in operating it. Attachment 1 is the proposal from Revolution Roller Hockey and includes personal profiles, mitigation issues, project summary, references, insurance, and applicant background information. A site and rink plan are also included. FOR CIN COUNCIL AGENT /�.l 2 Agenda Item -2- May 18, 1999 B. Proiect Concept/Role of City, School District and Revolution Roller Hockey Staff is recommending a joint project between the City and the Capistrano Unified School District to convert the existing tennis courts at the Marco Forster Middle School into roller hockey courts. The proposal would create two roller hockey courts with a Plexiflor floor system, similar to a tennis court surface. One (1) 120' x 55' youth practice court and one (1) full size 175' x 80' National Hockey League style court with dasher boards would be constructed.The rink board system is proposed to be standard NHL quality with a Plexiglas® top panel. The site would have vehicular and pedestrian access from the San Juan Capistrano Sports Park,Marco Forster Middle School, and Del Obispo Street, Each rink will be lighted for night play, supplementing the existing tennis court lighting system with ten (10) light standards using a shoe-box fixture design with a variable angle attachment(similar to that at the Camino Capistrano basketball courts adjacent to the library). Additional accessory facilities would include portable stands, a removable storage locker, new drinking fountain, scoreboard, and additional chain link fencing to connect with the existing fencing to secure the site during non-use hours. To implement this project,two separate agreements will be necessary. First, it is appropriate to enter into a joint use agreement between City and School District wherein District will lease the subject land to City. The District is under a legal mandate from the State Education Code to convey possession to a public entity for development of the property into a use of this kind. Therefore, the joint use agreement provides that City shall undertake development of the roller hockey project on School District property. Second, City will in turn procure, through an independent contractor arrangement, an operator (Revolution Roller Hockey) which will actually construct and operate the facility.The tern of both agreements is eight(8) years with an option to renew for two (2) years. Staff supports this concept in view of the obligations imposed upon Revolution Roller Hockey in the independent contractor agreement. (Revolution is,for example,required to construct and maintain the facility consistent with the Plans and Specifications. Strict liability and indemnity requirements are imposed. See section 7 of agreement. A surety bond is required to be posted equaling the cost of the project. See section 8 of agreement. The agreement may not be assigned to a third party. City is to receive a portion of the facility rent revenues, See section 5.) Another very important feature of the contractual relationships is that title to ownership of the facility shall immediately vest in City upon its completion. The operator will be allowed to operate the facility for a total of ten(10)years in order to amortize the cost of the facility. Thus, when the 10 year term is up, the City will have unfettered title to the facility. The School District has insisted upon the right at that point to have the right of first refusal to purchase the facility. Our City Attorney has spent considerable time and effort in drafting and developing both agreements to insure that City is best protected in all respects. Agenda Item -3- May 18, 1999 C. Staff Analysis Parking-- Due to the scale of the project and the scheduling of games, it is anticipated that approximately 15 to 20 spaces will be required to support the use. The following is the parking analysis that was prepared for both the Community Center and the Boys & Girls Club. The parking analysis indicates that sufficient spaces will be available for the roller hockey participants. Weekday Activities -- Monday through Friday TYPE OF USE REQUIREMENTS SPACES SPACES REQUIRED PROVIDED Maximum of five fields in use 37 spaces/field 185 spaces 204 spaces concurrently at the Sports Park Community Center(Senior One parking space per 200 sq. ft. 70 spaces 97 spaces Center/Meeting Facilities/ of gross floor area(14,000 gross Office) includes all phases. sq. ft.) Community Center(Youth 5.0 spaces per 1,000 sq. ft.of floor 115 spaces Part of Activity Center/Gymnasium) area(23,000 gross sq. ft.) Community Center Maximum of three fields in 37 spaces/field 111 spaces 220 spaces use at Marco Forster Community Gardens N/A N/A 12 spaces Totalspaces 481 spaces 533 spaces Weekend -- Saturday through Sunday TYPE OF USE REQUIREMENTS SPACES SPACES REQUIRED PROVIDED Maximum of five fields in use 37 spaces/field 185 spaces 204 spaces concurrently at the Sports Park Community Center(Senior One parking space per 200 sq. ft. 70 spaces 97 spaces Center/Meeting Facilities/ of gross floor area(14,000 gross Office) sq. ft.) Community Center(Youth 3,2 spaces per 1,000 sq. ft. of floor 73 spaces N/A Activity Center/Gymnasium) area(23,000 gross sq. ft.) Maximum of three fields in use 37 spaces/field 111 spaces 220 spaces at Marco Forster Community Gardens N/A N/A 12 spaces Total spaces 439 spaces 533 spaces Agenda Item -4- May 18, 1999 Circulation/Traffic -- Game schedules will be staggered, which will minimize traffic and overlapping of cars. The contractor is proposing an 8-foot concrete access walkway from the existing Sports Park parking lot to the proposed roller hockey facility. The walkway will be constructed to meet ADA (Americans With Disabilities Act) requirements. Noise -- By reusing the existing tennis court location, the proposed roller hockey facility would be located along the easterly portion of the Marco Forster athletic field facilities. In this location, it is substantially detached from residences along Del Obispo to the west and is buffered by a variety of athletic fields and the steep grade differential between Marco Forster athletic fields and Del Obispo itself.Noise levels created by the roller hockey program would further be mitigated to the south by the substantial school massing along the southern boundary of the Del Avion location, separating residents from the courts; and to the southeast, noise levels would be substantially mitigated due to the massing and structures of the City's gymnasium, future Boys & Girls Club facility, and existing Community Center. Additionally, the courts would be surrounded by existing active recreational components, many of which may be conducted concurrently, thus creating a blend of noise level for all events. Being centrally located amongst the school site, Sports Park, Community Center location and the Vermeulen center to the north, with no residential locations within a 300' radius, noise levels generated by court activity should not have a detrimental impact to adjoining residents or businesses. The contractor, Revolution Roller Hockey, is aware of the City's policies and regulations on athletic field hours of operation and amplification, and will adhere to these regulations as a part of his proposed operation. Visual Impacts -- The contractor is proposing to install standard tennis court wind/light screening on the western and southern perimeter fences to shield the program from view to surrounding neighbors and street traffic. The visual impact will be an improvement to the current condition of the existing tennis courts. Lighting--Revolution Roller Hockey has proposed in the blueprints the reuse of the existing lighting at the current tennis courts. There are 10 additional light standards necessary to properly light the two (2)roller hockey courts. The proposed lights are of a shoe-box design with a proposed 25 degree tilt angle with an adjustable fitter. This feature will allow after- construction adjustments to insure both proper lighting of the rinks and the ability to preclude off-site glare problems. A photometric study has been submitted to staff that shows an average 21.38 foot-candles, a maximum 28.5 f.c. with an average to minimum ratio of 1.4. This latter figure shows that the light distribution is fairly even on the playing surface. The photometrics as proposed are consistent with the standards set forth for recreation lighting. Although the lighting design is consistent with the applicable provisions of the Municipal Code, staff is recommending that a condition be included that will require a post-construction Agenda Item -5- May 18, 1999 review of the lighting program and adjustments to the fixtures to insure complete compliance with the provisions of the Municipal Code. Said field inspection to be conducted by the Planning Director. Landscape Plan Description--The proposed project will be located in an active recreational area with a number of various sports activities. It is not recommended that additional landscaping be installed adjacent to the site due to its potential impact upon existing sport field activities. In the area immediately adjacent to the proposed walkway, it will be recommended that the slope area be planted to match the existing slope treatment for the Sports Park. Office/Storage -- Due to the project being located on School District property, any permanent building structure is subject to approval by the State Architect. The contractor has proposed a movable storage building so as to preclude this design requirement. The size of the movable storage shed will be shielded by the required placement of screen fabric on the immediately adjacent security fence. Restroom Facilities -- There are currently City restroom facilities located at the Marco Forster athletic field area and at the San Juan Capistrano Sports Park. Tennis Court Alternatives -- Although the existing tennis courts at Marco Forster Middle School have not been utilized for tennis for the past few years, staff is concerned about the reduction of tennis courts to our residents. The National Parks & Recreation As-ociation standards used in the City's Open Space Master Plan identified that based upon our population, 1 I tennis courts would be appropriate. This proposal will bring the City's court deficit to nine (9). There are currently two (2) non-lighted tennis courts on Camino Capistrano available for public use. Capistrano Valley High School tennis courts are also available to the City for classes,camps,and recreational programs; however,at this time they are not open to the public due to potential vandalism of the courts. The Capistrano Unified School District is interested in developing an agreement with the City for use of the courts at Capistrano Valley High School,provided that the City supplies staff supervision for public use of the courts. Staff will further evaluate this issue. Financial -- The cost to construct the proposed conversion project is approximately $200,000.The contractor will finance and construct all aspects of converting the tennis courts into roller hockey courts. Upon completion of the courts, anticipated in September 1999, the contractor will incur all expenses associated with managing, operating, and maintaining the proposed roller hockey courts and programs conducted at the facility. The proposed agreement with Revolution Roller Hockey specifies financial terms that the City shall receive from Revolution Roller Hockey the sum of$10 per participant for each hockey session and an additional 10 percent of gross revenues received from tournaments, clinics, camps, facility rentals and other additional revenues derived from court usage. This amount is projected by staff to equal $22,500 to be received annually. Since the proposed court Agenda Item -6- May 18, 1999 project will be located on School District grounds, the School District has anticipated that they will experience an increase in property maintenance and ground maintenance due to this increase in school usage. The agreement between the City and the School District specifies that the District is to receive 20 percent of the City's annual revenue, projected to be $4500 annually. The District will use these funds to offset this increase in new facility expenses related to the roller hockey complex. The City's projected net revenue will be approximately $18,000 per year, a portion of which will be used to offset any minimal staff time required to administer the contract with the roller hockey program provider. Benefits Associated with New Roller Hockey Facility-- Since the early 1990s,the City has been conducting its roller hockey program at the Camino Capistrano/Serra School location with limited resources, minimum facilities, and ongoing challenges associated with court maintenance and repairs. Although the department's program has been successful economically as well as meeting minimum roller hockey needs within the community, the existing court complex is really substandard in relationship to new court facilities being constructed in surrounding communities. With just one court at the existing site on Camino Capistrano, and with no evening lighting, it is not possible to adequately meet the needs of the community's youth and adult roller hockey population. The proposed new courts at Marco Forster Middle School will provide a substantially upgraded and modernized facility for roller hockey programs much as the City's new Sports Park has provided a new standard of athletic facilities for soccer, Little League,and adult sports. The proposed new facility will shift maintenance, operations, and program responsibilities to the contract provider, generating additional cost savings to the City. It is important to acknowledge that in-line hockey is no longer viewed as an emerging recreational sport program,but rather viewed as having attained a level of permanence similar to Little League, Girls Softball, AYSO, and other youth and adult sports programs. It is already established as a"lettered" sport at local high schools and is anticipated that within the next few years will be sanctioned as a CIF high school interscholastic sport similar to what has been done in recent years with high school surf teams. Development of the new roller hockey facility at the Marco Forster Middle School tennis courts additionally converts the tremendously underutilized Marco Forster School tennis courts into a modern, safe and well-maintained facility without major expense to the School District or City taxpayers. This conversion project will also enable the City's existing roller hockey program, which has been contracted to and operated by Revolution Roller Hockey for the past two years,to be relocated and incorporated in this new facility and will enable the City to assess alternative uses at the Camino Capistrano/Serra School court site for reuses of the existing court location. Agenda Item -7- May 18, 1999 D. Summary and Recommendation After reviewing the proposal from Revolution Roller Hockey and addressing various land use issues, staff is recommending that the City enter into an agreement (Attachment 2) with Revolution Roller Hockey to construct the conversion project and operate the roller hockey courts at Marco Forster Middle School. Staff is also recommending that the City enter into an agreement(Attachment 3) with Capistrano Unified School District for the use of the site. Following City Council action on this item, it will be scheduled for consideration by the Capistrano Unified School District Board of Trustees. This item has been presented to the Parks, Recreation and Equestrian Commission, Design Review Committee, Environmental Administrator of the City of San Juan Capistrano, and Planning Commission. Suggestions and conditions have been incorporated in the project, COMMISSIONBOARD REVIEW RECOMMENDATION: Parks,Recreation and Equestrian Commission -- The Commission has considered the proposal and forwarded a recommendation of approval subject to the proposed contractor preparing grade cross sections showing an elevation drawing to determine the need for visual screening from across Del Obispo Street,as well as specifications regarding the scoreboard and bleachers. As a result of the elevation perspective, it is recommended that wind screening be installed on the west and south elevations of the boundary fence to provide general screening of the facility. Design Review Committee -- The Committee provided a number of suggestions regarding improvement of the use of the facility. Suggestions have been incorporated in the plans with the exception of wind screening. The Committee has recommended full wind screening of the site. It was felt by staff that the easterly exposure to other residential areas was an extreme distance and that keeping that side open for general view would create the necessary patrol visibility of the courts for security purposes. Planning Commission -- The Commission approved a resolution recommending certification of a negative declaration, and forwarded a recommendation of approval to the City Council. Planning Commission did condition the access walkway and gate to be eight feet as opposed to five feet, and this will be incorporated in the construction. FINANCIAL CONSIDERATIONS: The contractor will incur all expenses with constructing,operating,and maintaining the roller hockey courts. The City shall receive approximately $22,500 annually from the contractor while providing C.U.S.D. a 20 percent share of the City's percentage of roller hockey revenue. Agenda Item -8 May 18, 1999 NOTIFICATION: Dan Crawford, Asst. Supt. Joe Dixon, Director Operational Services Maintenance & Operations Dept. Capistrano Unified School District Capistrano Unified School District 32972 Calle Perfecto 32972 Calle Perfecto San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 James Sieger, Principal Roger Ayers Alan Johnson Marco Forster Middle School 7702 Finevale Dr. 1308 Felipe 25601 Camino del Avion Downey, CA 90240 San Clemente, CA 92673 San Juan Capistrano, CA 92675 In addition, notices advising of the public meetings have been mailed to property owners/residents living adjacent to the San Juan Capistrano Sports Park and Marco Forster athletic fields. ALTERNATE ACTIONS: 1. Authorize the request to convert the Marco Forster Middle School tennis courts into roller hockey courts; approve selection of Revolution Roller Hockey as the contractor; and approve the draft agreements. 2. Deny the conversion of the tennis courts into roller hockey courts. 3. Request additional information from staff. Agenda Item -9- May 18, 1999 ------------ RECOMMENDATION: A. Approve the proposed Joint Use Agreement between the City and the Capistrano Unified School District for reuse of the Marco Forster tennis courts. B. Approve the City and Revolution Roller Hockey License Agreement designating/authorizing the contractor to construct, operate and maintain the roller hockey courts and programs. Respectfully submitted, Al King, Jr. Community Services Director AK:jtb Attachments: 1. Proposal from Revolution Roller Hockey 2. Agreement between Revolution Roller Hockey and City 3. Agreement between Capistrano Unified School District and City 4. Location Map c' \w,d.&256w..,A.k /� 11 r T, eve ,F Mi League • roposal City of San Juan Capistrano Epilogue Revolution would first like to say thanks to the City of San Juan Capistrano for the invitation to bid on the proposed Marco Forster roller hockey site. We are excited about the prospect of not only working with a city that has a vision for the future of this sport, but their community and their youth. We hope that the proposal set forth is agreeable to the City and look forward to the unrealized possibilities this relationship can bring. If there are any questions that need to be addressed, please don't hesitate to contact me at (909) 594 - 8686 or (909) 593 - 7603 (Voicemail). Sincerely, Roger Ayers General Manager, LLC Partner REVOLU770NROLLER HOCKEY, LLC Personal Profiles Gene Lu, LLC Partner 12 Merced San Clemente, CA. 92673 (714) 496-6010 Mr. Lu is the CEO of one of the world's largest computer companies, (ALR) Advanced Logic Research and has been actively involved in the Power Play Street Hockey league since it's second season. After learning of the original financial backers intentions to step away from Power Play, the remaining partners approached Mr. Lu about becoming an investor in the company. After the agreement to step in and the termination of the Dana Point league, it was decided to change the name of the company. Mr. Lu has three children, two boys and a girl that play both ice and roller hockey and has been playing himself for a number of years. His hockey knowledge coupled with his strong business background has insured Revolution the highest possible potential success. Roger Ayers, LLC Partner 2054 Evergreen LaVerne, CA. 91750 (909) 593-7603 Mr. Ayers has been actively involved in the roller hockey industry for the past fifteen years. He has played for the past fifteen years and has been the League Director and owner of the Dana Point league for the past three years. His experience includes the complete setup, scheduling and running of roller hockey leagues in southern California. Personal Profiles Alan Johnson, LLC Partner 1308 Felipe San Clemente, CA. 92673 (714) 361-0193 Mr. Johnson came into Revolution at the start of the company in 1997. Previously, he had been an active coach and minority owner in the Dana Point league. He handled all weekday facility coordination for practices as well as referee responsibilities on gamedays. He also brings with him rive years of hockey experience as a player and was an invaluable part of Power Play Street Hockey. Christopher Hill, LLC Partner 633 Greendale Pomona, CA. 91767 (909) 624-2396 Mr. Hill has been around hockey since age nine. He grew up playing ice hockey across the state of California and has his roots in Quebec, Canada. He has actively coached, played and refereed the sport for the past nine years. His responsibilities with Power Play as a minority owner included the gameday oversight of operations including scheduling, officiating and public relations for the facility. His industry experience is uncompromising. Proposal Format Items Proposal Format Item#1: Revolution has provided a detailed set of blueprints outlining the design of the new roller hockey facility. Shown on this plan are the location of the rinks,light standards,fencing,sidewalks and landscaping if necessary. Surface materials for rinks to be a system called "Plexiflor." Plexiflor is similar to a tennis court surface. Rink board system to be standard National Hockey League quality board system including plexiglass. Proposal Format Item#2: Revolution would like to propose the following plan for financial compensation: 0-200 Participants 5% of gross profits 201-500 Participants S%of gross profits 501+ Participants 10%of gross profits ** Payment to be made at the end of each roller hockey season and to include all revenue's of the facility. ** Books to be open upon request to the contract partner(s). Proposal Format Item#3: Mitigation Issues Traffic: Due to the constant transition of games,we feel there will only be a small impact of added traffic to the area. Games are run every hour so we do not anticipate any major traffic issues. Parking: Revolution anticipates an extra 15-20 parking spaces needed for the program. Again,due to the regular transition of games every hour,there should be little or no major impact on the current sports park. As an extra added measure if this is not viable,we would like to propose the grading of a small section of the open field directly adjacent to the facility for roller hockey parking. Noise: Revolution does not anticipate any major additional noise impact for this program. Existing traffic on surrounding streets along with noise levels of current school recreational and sports park activities should absorb any roller hockey functions for a satisfactory blend of all events. Visual Impact: There should be no additional visual impact for this project. Revolution has proposed a viral fence covering similar to a standard tennis court wind screen system to sheild the program from view to surrounding neighbors and street traffic. The visual impact should be at best,at it's current level of impact but we forsee improvement with the adding of this screen system. Lighting: Revolution has proposed in the blueprints,the usage of existing lighting at the current facility. Any additional light standards deemed necessary to properly light the facility would be the same height as current lighting and would be sheilded for non-impact spillage of light. We do not anticipate any extra imapct over and above the current football or sports park lighting. Proposal Format Item#a: Hours of operation proposed under Administrative Policy#607 are agreeable with Revolution. • EXHIBIT 1 • PROJECT SUMMARY Name of Applicant Organization: Revolution Roller Hockey, LLC Address: 1308 FELIPE SAN CLENIENTE , CA 92673 Telephone No: ( 949 ) 361-0193 Type of Agency: XXPrlvate Profit 0 Private Nonprofit J Public _ Name and Title of Contact Person: Alan Johnson LLC Partner Address: 1308 Felipe San Clemente CA 92673 Telephone No: (949 ) 361-0193 Type of Compensation: Revenue(explain) Contract partner to be compensated by % of profits . Improvements(explain) Other(explain) Brief Description of Project: Revolution Roller Hockey, LLC is a licensed California Corp , which contracts with cities interested in providing quality roller hockey programs for their community. Revolution offers full provision to build roller hockey facilities and run competitive roller hockey leagues for youth and adults , as well as clinics , tournaments and any and all public and private rentals for rnmm„n; ty „sem Revolution funds all necessary items associated with the project , the exception being any land used which is to be provided by the contract partner( s ) . The items funded by the contractor to include : roller hockey facility, all articles associated with league and non league functions (player or participant equipment excluded) insurance (both participant and contractor) , electrical , and any and all other items necessary to provide the program. In turn , the contract partner( s ) will receive a percentage of the program profits as compensation for land usage and program support . Revolution management has discussed possiblities with city staff for facility use for Arena Soccer to accommodate growing demands in the community, with increased revenue to contracting partners . 5 /12/98 Signature: Date: Name and Title of PersonSirmine Roger Ayers/ General Manager -7- • EXHIBIT 2 • STATEMENT OF EXPERIENCE Name of Applicant Organization: Revolution Roller Hockey, LLC INSTRUCTIONS: Answer all of the following questions.If more space is needed,attach additional sheets of paper.If a question does not apply to your organization,answer with a full negative response rather than stating"non-applicable." I. Attach current and valid copy(ies)of any organization license(s)to do business in California. 2. Indicate any type of certification/accreditation that your organization may possess. 3. How many years has your organization been in business under its present name? 2 years Number of years doing business under related and/or prier business? 3 years Give name(s)and date(s). Power Play Street Hockey, Inc . (previous ownership ) 6/94 thru 6/96 a. How man years of experience does your organization have providing the requested,equivalent or related services? Describe this experience and present your qualifications for providing the proposed services. Include all previous experience working with youth services programs.Attach, if relevant,copies of formal evaluations conducted by or for your organization within the last three vears. RevnI it ji i nn Roller Hockey has a fatal of 2 years experience providing competitive youth roller hockey programs in t e City o San Juan Capistrano . Management of Revolution previousl, provided a program for J years in the City oi DE—n—a-17-0-11nt under Power Play Street Hockey , f tic . operaLed by pfeViOUS Ownershl 5. Describe the geographical location(s) of your organization's current program(s)and the types and quantities of services provided. Include information regarding how these services arc documented/reported. Revolution is currently running a youth roller hockey program for the City of San Juan Capistrano and is in its second full year of doing so . 6. Describe the clientele cou Bene including how your services are accessed by various groups with different needs. Include support documents such as letters of reference from various groups served. Currently serving the youth of San .Tuan Capistrano , ages 6-15 along with the surrounding cities in the area . 7. Describe%ourfundinebaseandlin:mcial management scstem including key fiscal policies to ensure accuracy a ndaccountability. Revolution Roller Hockey is funded through a private investor . -8- Exhibit 2(Cont'd.) • • 8. Has your organization failed or refused to complete a contract? Yes ❑ No U If yes,please explain. 9. Is your organization or are any of its principal officers involved in litigation in connection with contracts for providing services similar to those being proposed? Yes ❑ No 3 If yes,provide details. 10. Does your organization have any controlling interest in any other firms providing equivalent or similar services? Yes ❑ No Gt If yes,please provide information regarding other business interests. if. Does your organization have financial interests in other lines of business? Yes ❑ No y) If yes, please provide information regarding other financial interests. 12. Provide the names of persons with whom your agency has been associated in business as partners or business associates within the last five years. See attached list of vendors 13. Please attach a separate page providing service experience information regarding the principal individuals of your present organization and years of service experience,including capacity,magnitude and type of work.The City is primarily interested in those individuals who will be administering the program. -9- • EXHIBIT 3 CITY AND/OR CAPISTRANO UNIFIED SCHOOL DISTRICT SUPPLIED ITEMS AND ASSISTANCE Name of Applicant Organization: Revolution Roller Hockey, LLC Identify any requirements for City-and/or Capistrano Unified School District-furnished equipment materials,facilities,or any other city support that will be necessary to implement the Proposer's Proposal. City of San Juan Capistrano / Capistrano Unified School District to provide land currently occupied by tennis / hand ball courts to be modified by Revolution as proposed in this RFP and attached set of site blueprints. City of San Juan Capistrano / School District to also provide the use of current sports park parking as necessary for overflow parking. The City reserves the right to accept or reject any and all requests/requirements for City Supplied Items and Assistance. _10_ City of San Juan Capistrano To Whom it May Concern; As the owner and operator of Play It Again Sports here in San Juan CapistranoO I have had the privilege of working with the members of Revolution Roller Hockey for the past two years. I can say with confidence that this group has created a first class organization. They have a tremendous rapport with children and parents in the communities of San Juan Capistrano, Dana Point, San Clemente, Mission Viejo, Laguna Niguel, and other surrounding cities. Revolution Roller Hockey have always run their hockey programs professionaly, and at the same time they have not forgotten th most important thing, which is that their program is enjoyable for everyone involved. All the kids have the opportunity to to play, learn, and have fun all at the same time. Roller hockey is a extremely fast growing sport, and this organization has been been with the sport since its inception. They have demonstrated that it can run a successful program in the face of such adversity. This group, under the name of Power Play , started their roller hockey program in Dana Point in June of 1994. They created a league that was so successful and popular that they actually and to turn some children away and put them on a waiting list. Obviously there is tremendous potential for roller hockey in this community. The programs in Dana Point have not been able to meet the needs of older teens or of adults who want to play this sport. This is due largely to the size of the rink which is not adequate to facilitate adults. They have attempted to create a larger rink in Dana Point so they could accomadate the needs of this age group and to allow more kids to enroll in the program. They have shown tremendous persistence and desire in the face of much opposition in the City of Dana Point, while continuing to run a successful program. This type of desire and persistance needs to be coupled with a community which values the welfare of its youth. With a group like this and a city willing to allow them the space to create a strong, sound, roller hockey program, this will be without a doubt a program - 1 - that will be able Leet the needs of its participant all ages. With the strength and personalities of the people involved with Revolution Roller Hockey this will be a tremendous asset to to the community and all its participants. Alan Johnson, in particular who I have had the most personal contact with has established a wonderful rapport with all of its members and their parents, as well as with community leaders. He has created invaluable connections in this community. Alan has demonstrated to me that he and his group have the desire and the ability to create successful programs for all of its participants. Since their inception, they have established themselves as leaders in the area and in my opinion, Revolution Roller Hockery is the best organization to operate a roller hockey program in the area. Sincere , rU— Tobias Gannawa Owner, Play It Again Sports San Juan Capistrano all of the leagues members and their parents - 2 - Sith & Chantal Kinsman 30781 Marbella Vista Drive San Juan Capistrano, CA 92675 November 30, 1998 City Council Members City of San Juan Capistrano This letter is submitted in support of the Revolution Roller Hockey program. As residents of the City of San Juan Capistrano, we wanted to provide input to the Council on this very important youth activity. Our nine-year old son, Ian, began playing roller hockey several weeks ago. Ian has been skating since he was six, but living in a city poses constraints for little people who like to ride around skates. There are no parking lots that welcome skaters. Skating on the sidewalks is hazardous —both for the skater and pedestrians. The streets in our neighborhood are built on hills. Until we found Revolution, his skates were collecting dust. We realize there are other things for kids to do. But roller hockey seems to attract the kind of people we like, family oriented people who like to be with their kids. The competition is healthy, as opposed to "win at any cost." The coaches are excellent, patient and sincerely interested in the development of the players. The parents are out in force — not looking for a place to park their kids for as many hours as they can get away with. And, last but not least, the sport seems to attract kids from all over the city. It gives Ian a chance to make friends with kids from other schools, and to feel like he is a part of a community that is larger than just St. Margaret's. Revolution Roller Hockey has made a very positive impact on our family. We support the initiative to establish a permanent roller hockey facility at Marco Forster Middle School. We hope the Council will vote to move ahead with the project. Sincerely, X "L- ---- K ith Kinsman Chantal Kinsman December 4, 1998 City Council Members 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear City Council Members, The purpose of this letter is to express our support for the approval of the new roller hockey rink proposed by Mr. Alan Johnson. Currently, two of our children are members of the Revolution Roller Hockey League and Mr. Johnson is their coach. Mr. Johnson is professional, safety oriented and an excellent role model for the children, parents and the other coaches participating in his league. Most importantly, he is dependable and ensures that each and every child receives a fun, rewarding and educational experience during practice sessions and during games. Our children have benefited tremendously from their involvement with Revolution Roller Hockey, not only in the area of physical fitness and agility but also with respect to sportsmanship. The approval of the new rink will only compliment the beautiful new Sports Park that the City has so graciously built for its citizens. We urge you to approve the construction of this much needed roller hockey rink on behalf of the children of the City of San Juan Capistrano. Respectfully, Z� Ed and Rebecca Dahlen 30992 Steeplechase Drive San Juan Capistrano, CA 92675 (949) 609-3593 e-mail: dahlen4@prodigy.net diK( q;A1 AM- November 23, 1998 City Council of San Juan Capistrano Re: Revolution Roller Hockey Dear Sir or Madam, I'd like to take this time to tell you about my wonderful experience with Revolution Roller Hockey. This is my 4'h season and they are the best program around. It is a quality organization;the kids and the parents all love it. This is my P season coaching and I have seen many parents leave the San Juan Capistrano to try another program(including the new one in San Clemente)that have come back. Even though the facilities aren't as nice, the program here is so much better. Furthermore,the Residents of San Juan Capistrano would like to play in San Juan Capistrano. Moving to the old tennis courts and the school would be a great benefit and good use of the courts which are under lock and key and not being used. Thank you for your support. Sincerely, Rob Goldstein Coach *Coach Rob Goldstein 31211 Paseo Crucero San Juan Capistrano, CA 92675 (949) 248-1870 November 17, 1998 TO: SAN JUAN CAPISTRANO CITY COUNCIL RE: ADDITION OF ROLLERBLADE HOCKEY RINK Due to the growing popularity of rollerblade hockey in our community we are in favor of replacing the old tennis courts at Marco Forster school with a rollerblade hockey rink. We feel the rink would be beneficial to all children of San ,Tuan Capistrano. Dennis & eanne Nz-rlinger TO: City of San Juan Capistrano Planning Commission FR: Mr. &Mrs.James V. Earley Local Business Owners RE: New proposed Hockey Rink Dear Ladies and Gentlemen, As participants of The Revolution Hockey League for the past three years,we are thrilled to hear that the City of San Juan Capistrano is considering a safer and newer rink for our children. Although the city has been gracious to loan our league the rink adjacent to the Mission,parking has been a safety issue, as well as overcrowding. That space will be snapped up quickly to accommodate many other community groups who would enjoy the picturesque background with the Mission San Juan Capistrano! We eagerly await your approval of such a worthwhile enhancement to our community and for our children. Sincer , James and Leslie Earley Priscilzz Zn S`o��, � `F't' .t- J i "Z(,zCLtt„L•. G�,�G- C�,`L� l,4` ^vcy- 'L3utL/L� 1�tit. �,ac`"� Zc� �" � l ut �q- U-4-tt� � ��LLtQ z - (dtClllc . (LijL�. .2t �� -E al. 0 ���4 + t�C��� iLilti)L�L �It '4C� 6Lc4— �?_il L � �( tt�7 ✓' i 7 LL( .-. 1C'I-( 2' ccs 4-c eL-pp-t 41�:. '-Y41 Su#'�ik La*ul.. Sa>c,Iccar.i az�lo.iir zru; C,- 9=675 i 94W 661'1X37 )lay, (949,) 661-3648 Jesus Morales (949) 240-1780 32891 calle San Marcos San Juan Capistrano, CA 92675 November 21, 1998 To Whom It May Concern: My family and I have been residents of San Juan Capistrano for over fifteen years. And during that time, it was only in the last three years that we have seen any development of the lands adjacent to Marco Forster Junior High school. Being that we live two blocks from these lands means that our residential area is most affected by these recent developments. Therefore, it is for this reason that I come to support the conversion of Marco Forster's decrepit tennis courts into a state-of the art roller hockey rink. As was evidenced by the conversion of the Kinoshita farmlands to the San Juan Sports park- composed of the baseball, softball, soccer and Aquatic center- such recent developments have had only positive consequences on our community. Not only have such developments enhanced the property's appearance, but such developments have also served to strengthen communal ties. The Youth of are community deserve the opportunity to partake in the sport of their choice, and the addition of a roller hockey rink would complement the existing facilities of the San Juan Sports Park. Furthermore, the establishment a roller hockey rink would also serve to bring in some desperately needed attention decaying lands of Marco Forster Junior High. Hence, such developments would not only serve to beautify the junior high school, but also straighten the prowess of the Sports Park. As a resident of this area, I ask that we—as a community- provide to the needs of our children. It is inevitable that some sacrifices will have to be made by the residents of these areas, however when the future of our children is in question, it is evident that the benefits overshadow the costs. Sincer�y, Jesus Moales November 21, 1998 San Juan City Council 32400 Paseo Adelanto San Juan Capistrano, Ca 92675 Dear City Council Members, My name is Star Morales and I have been a resident of San Juan Capistrano for over 16 years. As a single mother I was excited to learn that the city considered building a new hockey rink at Marco Forster Jr. High School. I whole-heartedly support this idea! My 8- year-old son has been active in the Revolution Hockey League for the past 2 years. The spirit of competition and teamwork has provided my son with the necessary skills that I feel are important in raising a well-rounded child. This is very important to me as I watch today's youth in so many unhealthy activities. I implore you on behalf of the youth in the City of San Juan Capistrano to grant Revolution Hockey the permit to complete this project. As a former student of Marco Forster Jr.High, I can remember that these facilities were under utilized and in fact were prohibited for any student to enter the courts due to the dangers that the unkempt courts presented. I recently visited Marco Forster Jr. High and can clearly see that nothing has been done to improve the tennis courts. With the increase in popularity of roller hockey I feel that the conversion of the dilapidated tennis courts to a well-maintained hockey arena would be an asset to our city. Once again I strongly urge you to grant the permit to complete this project. Sincerely, Star Morales 1�1` 32891 Calle San Marcos San Juan Capistrano, Ca 92675 (949) 240-1780 Vendor List Alpha Sportswear Play It Again Sports 112 East 6th Avenue 31882 Del Obispo #156 Vancouver, British Columbia San Juan Capistrano, CA. V5T15J 92675 (818) 775-4555 (714) 661-4313 Contact: Diane Contact: Toby /Travis DeNaults Tru-Value Hardware Burley's Rink Supply 31862 Del Obispo 115 School Street San Juan Capistrano, CA. Sailea, PA. 92675 15952 (714) 493-1031 (814) 487-7666 Contact: Don DeNault Contact: Kathy Mission Roller Hockey In-Line Sports Systems 201 Stevens 821 Marquette Avenue Santa Ana, CA. Minneapolis, Minnesota 92707 55402 (714) 556-8856 (800)809-RINK Contact: None Specific Contact: Karl Burns Rupps Sporting Goods 1910 Cochran Road Pittsburgh, PA. 15220 (800) 344-0263 Contact: Scott EXHIBIT 5 LITIGATION INVOLVEMENT Organization Name and Address: Revolution Roller Hockey, LLC 1308 Felipe San Clemente, CA. 92673 Otganization Involvement in Litigation Check YES or NO to the following questions.If ayes answer is checked please explain fully the circumstances and include discussion of the type of program involved as well as the potential impact on this program,if funded. 1. Is the organization or any of its principal officers involved in litigation now or within the last two years? Yes ❑ No J3 2. Is the Executive Director involved in litigation? Yes U No 30 3. Are any members of the Board of Directors unable to be bonded? Yes O No Jl 4. Are any key staff members unable to be bonded? Yes 0 No J 5. Has the Organization or Project Director ever been cited for improper management? Yes ❑ No fc7 6. Has the Organization or Project Director ever had public or foundation funds withheld? Yes CI No fel 7. Has the Organization, if nonprofit,ever had its nonprofit status revoked or withheld? Yes ❑ No fry 8. Is your organization debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs? Yes 0 No 0 9, Do you agree to timely execute any and all amendments to this Agreement or certificates or other required documentation relating to their subgrantees debarment/suspension status? Yes 4 No O RESPONSE SECTION(Use extra pages.as necessary) Completed by: _ Roger Ayers General Manager Name and Title _12_ EXHIBIT 6 STATEMENT OF UNDERSTANDING Please complete and submit this STATEMENT OF UNDERSTANDING with the appropriate signatures. ♦44ffYt/YYY/off f44//Y4f f44i YM14i4444R1//YY/ I,the Proposer,have read and understand in its entirety the Request for Proposal and its accompanying documents to construct and operate an outdoor roller hockey facility at Marco Forster Middle School.I am familiar with the terms and conditions specified in these documents. and I not hereby submitting the following proposal with the intent of acquiring an agreement to construct and operate a roller hockey facility for the City of San Juan Capistrano. Signature Print Name and Title Proposer's Business Entity Sign re Print Name andTitle Proposer's Business Entity -13- a r ACTING SECRETARY OF STATE,* ;. • TONY MILLER LIMITED LIABILITY COMPANY e,. ARTICLES OF ORGANIZATION IMPORTANT-Read instructions before completing the form. mils document Is presented for Ming pursuant to Section 17050 of the California Corporations Code. 1. I3miied liability company name: Revolution Roller Hockey LLC trJe�am,.iA'LLL'>'t3sM tititLp e�Mef. [bpcAt+.a�ec kae �1tL'. 'li.tr'W'fryu,'sY e<Msnaotl e'Ua.'W'rad Z. Latest date on which the limited liability company is to dissolve: December 1, 2021 3. The purpose of the limited liability company is to engage in any lawful act or activity for which a limited liability company may be organized under the Beverly-Kilfea Limited Liability Company Act. 4. Enter the tame of initial agent for service of process and check the appropriate provision below: Mr. Gene Lu which is [ X] an individual residing in California. Proceed to Item S. [ ] a corporation which has filed a eerriftcate pursuant to Section 1505 of the California Corporations Code. Skip Item 5 and proceed to Item 6. S. If the initial agent for service of process is an individual, enter a business or residential street.address in California: Street address: c/o Advanced Logic Research, 9401 Jeronimo Rd. City: Irvine State: CALIFORNIA Zip Code: 92718 6. The limited liability company will be managed by : (check one) [ XJ one manager [ ] more than one manager ( I limited liability company members 7. If other matters are to be included in the articles of organization attach one or more separate pages. Number of pages attached, if any: 0 8. it is hereby declared that I am the person who For Secretary of State Use executed this instrument, which execution is my act and deed. - Signator of organizer FILEDin the 1111ts o}the Se{{lflstl d Sul% of the State at 6alltatnta Gene Lu nFr. - 2 1996 Type or print name of organizer Date: NAy mh 26 19 96 Bill mss.Sett 01 Slalo t1.G1 ♦pyr�.a�N,1s Sv+.N.!Sv. I - -Min F.va eent�. O N PAV. ./•/ ' w I' al..I i I �� `+l �L / Y 3O Q S /.J J V • Q ♦ o n I �/ s EL) M72 0 i-1 o m ro m i Id - � ♦♦ • vim[ -,••• I 16 T, y.�.�p�•�•^•1•�•..�•`I ``W� X30 ; .. •♦n tour ;moo