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09-1215_JUANENO BAND OF MISSION INDIANS_License Agreement LICENSE AGREEMENT This License Agreement is made and is effective as of this 15th day of December, 2009, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the Juaneflo Band of Mission Indians, a California nonprofit corporation (hereinafter "Licensee"). RECITALS: WHEREAS, Licensee desires to utilize for Tribal Headquarters purposes a portion of the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex, located at 31411 La Matanza Street; and WHEREAS, City desires to make available such facility to Licensee for such purposes on a temporary basis under the terms and conditions set forth in this agreement. NOW, THEREFORE, BE IT MUTUALLY AGREED BETWEEN CITY AND LICENSEE AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to Licensee to occupy and utilize the portion of the Lacouague Building described as Room #3 in the Site Plan attached and incorporated herein by reference as Exhibit A (the "premises"). Licensee shall use the premises for Tribal Headquarters purposes only. Licensee shall have exclusive occupancy of the premises and shall be responsible for all persons who enter upon and/or occupy the premises. Licensee represents that it is recognized by the State of California as a 501(c)(3) Not-for-Profit organization. Licensee understands that its nonprofit status is a substantial inducement for City to grant this License. Licensee agrees to maintain its nonprofit status as a condition of this License. Failure to maintain this nonprofit status shall be cause for termination of this license. Section 2. Allowable Uses. Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit B, incorporated herein by reference. Section 3. Term of License. - 1 - The term of this License shall be two (2) years from the effective date of this Agreement. The City Manager may, approve a 90-day extension to accommodate any need Licensee may have to transition to another property. The monthly reimbursement and all other provisions of this license shall apply during such 90-day extension. Section 4. Utilities. Licensee shall be responsible for the cost of all utility services required in conducting business within the premises. The cost of gas, water and electricity service are covered by the monthly maintenance fee payable by Licensee to City hereunder. Licensee is directly responsible for telephone/television/cable television or Internet services and expenses. Licensee shall be responsible for opening/closing the premises for installation, repairs, and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, or removal appointments. Section 5. Monthly Reimbursements to City for Maintenance and Utilities. Licensee shall provide a monthly reimbursement to City in the amount of nine hundred ninety-two dollars ($992), which is equivalent to $.80 per sq. ft. This amount includes costs for landscaping and building hardscape maintenance services provided by the City, electricity, water, natural gas usage and other City related costs. This reimbursement shall be made payable to City in advance on the first day of each month. Remittances are to be made payable to the City of San Juan Capistrano, and shall be delivered directly to the Community Services Department located at the Community Center, 25925 Camino Del Avion, in the City of San Juan Capistrano. If the premises are unusable due to damage or destruction, the reimbursement obligation shall be abated until the use of the premises is restored. Section 6. Use of Adjacent Meeting Room. Licensee agrees and understands that City reserves the right to allow groups and individuals to utilize the adjacent meeting room. Licensee shall submit a facility use application to the Community Services Department for use of Meeting Room (Room #2). Licensee has permission to use this room only when in possession of a City- approved facility use application and no more than 20 persons in attendance. During the term of this agreement, usage fees will be required when Licensee requests use of City facilities other than Room #3. Licensee's use of other City facilities, including - 2 - 0 0 Room #2, shall be charged at the non-profit rate listed in the City's fee resolution schedule, which has been adopted by City Council action. Section 7. Maintenance, Repairs. and Improvements (a) Restoration Requirement. City retains the right to require that Licensee restore premises to their condition prior to Licensee's occupancy when Licensee vacates the premises. If Licensee does not restore the premises to the original condition upon vacating premises, Licensee will be provided (within thirty [30] days of vacating) with a written explanation of restoration expenses, along with an invoice for these expenses. Licensee must pay this invoice within sixty (60) days of postage date. Further, any damage to the premises or building thereon resulting from use of the premises by Licensee or its invitees shall also be repaired at Licensee's expense. (b) Repairs and Damages. City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related improvements, providing that the damage to be repaired has not been caused directly by Licensee's use of the premises. City is responsible for the following items: Exterior painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, plumbing. (c) Custodial Responsibilities. Licensee shall be responsible for all arrangements and costs to provide custodial service to the premises. City shall be responsible for all arrangements to provide custodial service for the restrooms. Licensee and its custodial staff shall be responsible for placing rubbish and recycle materials in the appropriate locked dumpster located on site. They shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. (d) Tenant Improvements. Licensee shall submit to the Community Services Department, in writing, any desired changes/improvements to the premises. This shall include any modifications to existing walls, ceiling, windows, flooring, doors, lighting, interior, exterior, etc. Licensee must receive written approval from City prior to making any improvements or modifications to the premises. All improvements and their maintenance shall be the financial responsibility of Licensee. Section 8. Reservations to City. City reserves the right to enter the premises at any reasonable time for the purpose of inspection and/or repairs for which the City is responsible, or to carry out any municipal function. This right shall not be exercised in any manner which will - 3 - 0 0 unreasonably interfere with Licensee's use of the premises. The City will have a key to the premises for emergency or maintenance purposes. Section 9. Condition of Premises. Licensee agrees to accept the premises in an "as is" condition, and agrees to assume all further liability arising out of the condition of the premises, once a final inspection is completed jointly by both parties. Section 10. Insurance/Indemnity. Licensee, at its own cost and expense, shall carry, maintain for the duration of the License, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. Comprehensive General Liability. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the use of the premises. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this License or the general aggregate limit shall be at least twice the required occurrence limit. Proof of Insurance Requirements/Endorsement. Prior to occupying the premises, Licensee shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. - 4 - Indemnity. Licensee agrees to indemnify, protect, defend, and hold harmless City, its elected and appointed officials, and employees from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys' fees, for damages to property, injuries or death of any persons arising out of Licensee's use of the premises under the terms and conditions of this License. Section 11. Conditions of Operation. (a) The hours of operation shall be 9:00 am to 5:00 pm, Monday through Friday. Allowable uses are defined in Exhibit B. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. (b) Licensee shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the activities at the premises. (c) Licensee shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency. (d) Licensee shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. (e) Licensee shall submit a semi-annual performance report, due January 31 and July 31 each year to the Community Services Director in accordance to City Council Policy 014. The report shall include: (1) Disclosure of all activities the Licensee has conducted both at the facility and in the community on an outreach basis; (2) The number of citizens receiving benefits from activities, including meetings, classes, events, services; (3) The city of residence of citizens receiving benefits from activities, including meetings, classes, events, services; (4) Description of any routine maintenance of premises; (5) Proof of the Licensee's continued non-profit status; (6) Information on the total revenue received by the Licensee during the reporting period, and disclosure of the sources of that revenue. - 5 - 0 0 (f) Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for Licensee. City shall retain the right to exclusive use of parking spaces for City business at any time. (g) Attendees may park in the Old Fire Station parking lot per availability and the public parking lot on the corner of EI Horno Street and EI Camino Real. (h) All parking must be done in a legal manner (i.e. no double parking). Licensee shall be responsible for ensuring that attendees park in the permitted areas in a legal manner. (i) No attendee parking is permitted along either side of the streets of EI Horno and La Matanza. That area is to remain available for the residents and their guests to park. Q) Restrooms are to be kept locked when not in use. Licensee must ensure restroom is locked after each usage and at the close of business daily, as well as after special usage at times other than during the regular business day. (k) Licensee is responsible for all furniture, equipment, and supplies for this space usage. All items brought in by Licensee must be removed at the end of the term of the License. City does not grant permission for items to remain in the premises once the term of the License ends. (1) City shall issue keys to the individuals whose names are provided by Licensee; all keys must be signed-out in accordance with City procedure. When a person leaves Licensee's program, Licensee must return the key to City so that person's name can be removed from City records. Licensee is not permitted to re-issue any key. Section 12. Termination. This Agreement may be terminated upon the default of either party. In the event of a dispute between the parties, City and Licensee shall first meet and confer regarding the matter. If the dispute cannot be resolved through a meet and confer session within thirty (30) days of written notice of a default, then the License may be unilaterally terminated by the non-defaulting party. (b) City and Licensee shall have the right to terminate this Agreement without cause by giving ninety (90) days advance written notice of termination to the other party. (c) Upon termination of this Agreement, Licensee shall remove all equipment and materials, clean the premises, and leave facility in a condition substantially - 6 - similar to that prevailing at the time of the commencement of this lease, with the exception of normal wear and tear, acts of God, and events beyond control of Licensee. Licensee shall restore the property to its original condition without any cost to City. Section 13. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered herein, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. Section 14. General Provisions. (a) Notices. All notices, demands, consents, or other communications required to be given under this agreement shall be accomplished by first class mail, postage prepaid, and deposited in the U.S. mail, or personally served upon the other party. To City: Karen Crocker, Community Services Director City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 To Licensee: Anthony Rivera, Jr., Chairman/CEO Juaneno Band of Mission Indians 31411 La Matanza Street, Suite A San Juan Capistrano, CA 92675 (b) Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. [SIGNATURE PAGE TO FOLLOW] - 7 - 0 0 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF SA JUAN CAPISTRANO 7By: : Lon Uso, ayor JUANEIVO BAND OF MISSION INDIANS By: Ar y Rivera, r., airma TTE s ari rr ity er APP EDAS T O FO Omaity A orneySOtt Attached Exhibits: A. Site Diagram B. Allowable Uses - 8 - Exhibit A Sit® Diagram Lacouague Building: 31411 La Matanza Street Room#1 (Lounge) Igo sq.R. Room#2 Meeting Room (Nutrition Room) 985 sq.ft. .dw Kitchen neo. 3400 sq.IL� Pnldnp W - dye Y '?� ''VV�11�',,,'• �. Exhibit B Allowable Uses • Administrative office hours to the Tribal office shall be 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage will be minimal, with an attendance of 10 people or less on those various weekend usages. Exception: Tribal General Council meetings. • Tribal General Council meetings are held on the third Saturday of each month from 1:00 to 4:00 pm. See Section 11 regarding parking restrictions and Section 6 regarding use of adjacent Meeting Room #2. The use of Meeting Room #2 shall consist of no more than 20 people in attendance. • The Tribal Council officers (5) usually meet on Thursday evenings until 10:00 pm. • Tribal committee meetings are held on various days throughout each month, usually during business hours. These committees have an attendance of 10 or less. • The Tribal space will be arranged in such a way as to permit open areas for meetings, classes, and projects. • Tribal usage of any City facility space other than Room #3 identified on Exhibit A is permitted only when the group is in possession of a City-approved facility use application. A fee for use of these facilities shall be charged in accordance with Section 6 of this License Agreement. • Licensee shall confine use of the Old Fire Station site to indoor usage of the Lacouague Building only. Picnicking or gathering on the lawn area located at the corner of EI Horno and La Matanza Streets is not permitted. • Licensee shall not store items in any City refrigerator. • Licensee shall have access to the common area for use of the restrooms. Licensee may not utilize the property for any other uses than those specifically established in this License Agreement. 12/15/2009 AGENDA REPORT G 1 a TO: Joe Tait, City Manager FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of License Agreement for Use of Portion of the Lacouague Building at 31411 La Matanza Street(Juaneno Band of Mission Indians) RECOMMENDATION: By motion, 1. Approve a license agreement between the City of San Juan Capistrano and Juaneno Band of Mission Indians for the use of a portion of the Lacouague Building for administrative purposes. 2. Approve the monthly maintenance fee of$.80 per sq. ft. at $992 per month. SITUATION: A. Summary and Recommendation The Juaneno Band of Mission Indians has requested that their use of a portion of the Lacouague Building be continued upon the expiration of their license agreement with the City, excluding the use of the 'Reception Office" which was relinquished at the request of the City. Staff recommends that a two (2) year license agreement with an extension option of one (1) additional year be forwarded to City Council with a recommendation of approval. B. Background The Juaneno Band of Mission Indians has occupied the Lacouague Building since 2000. The City renewed a three (3) year license agreement with the Juaneno Band of Mission Indians in 2003 to use a portion of the Lacouague Building for their tribal office. In 2006, the City entered into another three (3) year license agreement with the Juaneno Band of Mission Indians. This agreement expired in June 2009; therefore, the Juaneno Band of Mission Indians has been on a month-to-month basis for the use of the Lacouague Building until the action on the proposed license agreement is taken. Agenda Report Page 2 December 15, 2009 The Community Services Department has monitored the Juaneno Band of Mission Indians use of the Lacouague Building over the past nine years. The only complaints received were from residents that were concerned with parking conditions on dates when the group hosts their monthly General Council meetings. To address the neighbors' concerns, this agreement places restrictions on where attendees are permitted to park. In 2008, the Community Services Department recommended that their General Council meetings be held at the La Sala Building to rectify any parking problems occurring at the Tribal General Council meetings that are held on the third Saturday of each month. The Juaneno Band of Mission Indian's usage of the Lacouague Building includes tribal administrative activities, daily visits from tribal members, and various meetings. Some of the meetings are held on a monthly basis, while other meetings are held on an as-needed basis. Office hours are 9:00 am — 5:00 pm, Monday through Friday. Weekend and evening usage will be minimal and occasional, with an attendance of 10'people or less on those various usages. The Reception Office space was used by the Juaneho Band of Mission Indians for administrative purposes from 2003 until February 2009 when the City requested the space back for City usage. When the Juaneno Band of Mission Indians has need for expanded meeting space, they will be required to reserve the Meeting Room of the Lacouague Building, or any other City facility, in accordance with Section 6 of the attached license agreement. The primary focus areas of this organization include tribal business, support for tribal members, educational tools for the general public, and outreach to both tribal and non-tribal community through the tribal website. C. Overview of the License Agreement The proposed license agreement (Attachment 1) addresses a variety of issues, some of which include: allowable uses, term of license, reimbursement costs, utility responsibilities, tenant improvements, maintenance and repairs, insurance and indemnity, and termination of the agreement. Council Policy 14, "Non-profit Public Benefit Corporations", was established to ensure that non-profit public benefit organizations that enter into agreements with the City for use of City facilities are not for the private benefit of any individual. In consideration of this policy, the proposed license agreement (Attachment 1) includes a condition that the Juaneno Band of Mission Indians will be required to continue to submit a report to the City every six months describing the services provided through this facility. Failure to submit to the City the required performance reports shall make the organization ineligible for a continuation of the license agreement with the City of San Juan Capistrano. Agenda Report Page 3 December 15, 2009 D. Financial Analysis Due to a more extensive approach of fiscal accountability for City facilities, staff has spent the past few months obtaining specific costs of the full costs of maintaining the Old Fire Station Complex. These costs includes both the Public Works and Community Services Department staff salaries, custodial supplies, building and grounds maintenance, utilities, building depreciation, and the monthly mortgage fee to the County of Orange. Attachment 2 identifies the specific financial details of the Old Fire Station Complex Lacouague Building. The annual facility expenses of the Lacouague building are $17,964, which equates to an annual $14.49 per sq. ft. cost or a monthly square footage cost at $1.21. The square footage of the Lacouague Building is 1,240; therefore, the monthly maintenance fee to recover City costs of the Lacouague Building would be $1,496.99 The previous monthly square footage maintenance fee of the Lacouague Building, prior to, including total costs, was $.43 per sq. ft., which equated to $680 per month. Not only has the maintenance fees of the Lacouague Building been reallocated to identifying the total costs, so has the other buildings within the Old Fire Station Complex. The other buildings have the Chamber of Commerce and the CHEC organization paying for space. If the City Council chooses to pass along the total costs to operate the Old Fire Station Complex to the users, this will represent a 120% increase to the non-profit organizations who utilize space at that location. Due to the economic climate, the market value to rent other commercial sites within the City of San Juan Capistrano range from $.82 sq. ft. to $1.75 sq. ft. for full service. The Juaneno Band of Mission Indians is a non-profit organization with historical and cultural roots in San Juan Capistrano. This faction receives revenue through membership dues and fundraising efforts; therefore, it would be cost prohibitive for the Juaneno Band of Mission Indians and/or other non-profit groups utilizing the Old Fire Station Complex to pay full cost recovery fees, which are equivalent to other commercial sites within the City. The Old Fire Station Complex was purchased from the County of Orange in 1994, at below market value, with a deed restriction that the property is to provide a community services center for and on behalf of the citizens of Orange County. There is also a stipulation regarding leasing of the facility; therefore, the City is charging a maintenance fee to organizations that have a license agreement with the City for the use of the property. Utilization of the Lacouague Building by the Juaneno Band of Mission Indians is consistent to the deed restriction, as the intended use of the building is to provide tribal services. Agenda Report Page 4 December 15, 2009 For the above mentioned reasons, staff is recommending that the monthly maintenance fee to utilize the Lacouague Building within the Old Fire Station Complex increase from $.43 to $.80 per sq. ft. opposed to increasing the monthly maintenance fee to $1.21 per sq. ft., which would be a full cost recovery of maintenance fees. COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS: This item will be presented to the Parks, Recreation and Equestrian Commission on December 21, 2009, as information only. FINANCIAL CONSIDERATIONS: Staff is recommending a monthly fee of$.80 per sq. ft., which equates to a monthly fee of$992.00. NOTIFICATION: Mr. Anthony Rivera, Jr., Chairman/CEO, Juaneno Band of Mission Indians Ms. Jennifer Dinocola, Director, South Orange County Family Resource Center, Mission Hospital, CHEC Larry Thomas, President, San Juan Capistrano Chamber of Commerce RECOMMENDATION: By motion, 1. Approve a license agreement between the City of San Juan Capistrano and Juaneno Band of Mission Indians for the use of a portion of the Lacouague Building for administrative purposes. 2. Approve the monthly maintenance fee of$.80 per sq. ft. at $992 per month. Respectfully submitted, Karen Crocker Community Services Director Attachments: 1. Proposed License Agreement 2. Facility Lease Fee Calculation 3. Location Map LICENSE AGREEMENT This License Agreement is made and is effective as of this 15"' day of December, 2009, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the Juaneno Band of Mission Indians, a California nonprofit corporation (hereinafter "Licensee"). RECITALS: WHEREAS, Licensee desires. to utilize for Tribal Headquarters purposes a portion of the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex, located at 31411 La Matanza Street; and WHEREAS, City desires to make available such facility to Licensee for such purposes on a temporary basis under the terms and conditions set forth in this agreement. NOW, THEREFORE, BE IT MUTUALLY AGREED BETWEEN CITY AND LICENSEE AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to Licensee to occupy and utilize the portion of the Lacouague Building described as Room #3 in the Site Plan attached and incorporated herein by reference as Exhibit A (the "premises"). Licensee shall use the premises for Tribal Headquarters purposes only. Licensee shall have exclusive occupancy of the premises and shall be responsible for all persons who enter upon and/or occupy the premises. Licensee represents that it is recognized by the State of California as a 501(c)(3) Not-for-Profit organization. Licensee understands that its nonprofit status is a substantial inducement for City to grant this License. Licensee agrees to maintain its nonprofit status as a condition of this License. Failure to maintain this nonprofit status shall be cause for termination of this license. Section 2. Allowable Uses. Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit B, incorporated herein by reference. Section 3. Term of License. Attachment 1 - 1 - The term of this License shall be two (2) years from the effective date of this Agreement. The City Manager may approve a 90-day extension to accommodate any need Licensee may have to transition to another property. The monthly reimbursement and all other provisions of this license shall apply during such 90-day extension. Section 4. Utilities. Licensee shall be responsible for the cost of all utility services required in conducting business within the premises. The cost of gas, water and electricity service are covered by the monthly maintenance fee payable by Licensee to City hereunder. Licensee is directly responsible for telephone/television/cable television or Internet services and expenses. Licensee shall be responsible for opening/closing the premises for installation, repairs, and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, or removal appointments. Section 5. Monthly Reimbursements to City for Maintenance and Utilities. Licensee shall provide a monthly reimbursement to City in the amount of nine hundred ninety-two dollars ($992), which is equivalent to $.80 per sq. ft. This amount includes costs for landscaping and building hardscape maintenance services provided by the City, electricity, water, natural gas usage and other City related costs. This reimbursement shall be made payable to City in advance on the first day of each month. Remittances are to be made payable to the City of San Juan Capistrano, and shall be delivered directly to the Community Services Department located at the Community Center, 25925 Camino Del Avion, in the City of San Juan Capistrano. If the premises are unusable due to damage or destruction, the reimbursement obligation shall be abated until the use of the premises is restored. Section 6. Use of Adjacent Meeting Room. Licensee agrees and understands that City reserves the right to allow groups and individuals to utilize the adjacent meeting room. Licensee shall submit a facility use application to the Community Services Department for use of Meeting Room (Room #2). Licensee has permission to use this room only when in possession of a City- approved facility use application and no more than 20 persons in attendance. During the term of this agreement, usage fees will be required when Licensee requests use of City facilities other than Room #3. Licensee's use of other City facilities, including _ 2 _ Room#2, shall be charged at the non-profit rate listed in the City's fee resolution schedule, which has been adopted by City Council action. Section 7. Maintenance. Repairs, and Improvements (a) Restoration Reguirement. City retains the right to require that Licensee restore premises to their condition prior to Licensee's occupancy when Licensee vacates the premises. If Licensee does not restore the premises to the original condition upon vacating premises, Licensee will be provided (within thirty [30] days of vacating) with a written explanation of restoration expenses, along with an invoice for these expenses. Licensee must pay this invoice within sixty (60) days of postage date. Further, any damage to the premises or building thereon resulting from use of the premises by Licensee or its invitees shall also be repaired at Licensee's expense. (b) Repairs and Damage_s. City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related. improvements, providing that the damage to be repaired has not been caused directly by Licensee's use of the premises. City is responsible for the following items: Exterior painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, plumbing, (c) Custodial Responsibilities. Licensee shall be responsible for all arrangements and costs to provide custodial service to the premises. City shall be responsible for all arrangements to provide custodial service for the restrooms. Licensee and its custodial staff shall be responsible for placing rubbish and recycle materials in the appropriate locked dumpster located on site. They shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. (d) Tenant Improvements. Licensee shall submit to the Community Services Department, in writing, any desired changes/improvements to the premises. This shall include any modifications to existing walls, ceiling, windows, flooring, doors, lighting, interior, exterior, etc. Licensee must receive written approval from City prior to making any improvements or modifications to the premises. All improvements and their maintenance shall be the financial responsibility of Licensee. Section 8. Reservations to City. City reserves the right to enter the premises at any reasonable time for the purpose of inspection and/or repairs for which the City is responsible, or to carry out any municipal function. This right shall not be exercised in any manner which will - 3 - unreasonably interfere with Licensee's use of the premises.The City will have a key to the premises for emergency or maintenance purposes. Section 9. Condition of Premises. Licensee agrees to accept the premises in an "as is" condition, and agrees to assume all further liability arising out of the condition of the premises, once a final inspection is completed jointly by both parties. Section 10. Insurance/Indemnity. Licensee, at its own cost and expense, shall carry, maintain for the duration of the License, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. Comprehensive General Liability. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the use of the premises. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this License or the general aggregate limit shall be at least twice the required occurrence limit. Proof of Insurance Requirements/Endorsement. Prior to occupying the premises, Licensee shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. - 4 - Indemnity. Licensee agrees to indemnify, protect, defend, and hold harmless City, its elected and appointed officials, and employees from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys' fees, for damages to property, injuries or death of any persons arising out of Licensee's use of the premises under the terms and conditions of this License. Section 11. Conditions of Operation. (a) The hours of operation shall be 9:00 am to 5:00 pm, Monday through Friday. Allowable uses are defined in Exhibit B. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. (b) Licensee shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the activities at the premises. (c) Licensee shall, at all times, keep City advised of the name and telephone numbers)of two persons who can be contacted at times of emergency. (d) Licensee shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. (e) Licensee shall submit a semi-annual performance report, due January 31 and July 31 each .year to the Community Services Director in accordance to City Council Policy 014. The report shall include: (1) Disclosure of all activities the Licensee has conducted both at the facility and in the community on an outreach basis; (2) The number of citizens receiving benefits from activities, including meetings, classes, events, services; (3) The city of residence of citizens receiving benefits from activities, including meetings, classes, events, services; (4) Description of any routine maintenance of premises; (5) Proof of the Licensee's continued non-profit status; (6) Information on the total revenue received by the Licensee during the reporting period, and disclosure of the sources of that revenue. - 5 - (f) Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for Licensee. City shall retain the right to exclusive use of parking spaces for City business at any time. (g) Attendees may park in the Old Fire Station parking lot per availability and the public parking lot on the comer of EI Horno Street and EI Camino Real. (h) All parking must be done in a legal manner (i.e. no double parking). Licensee shall be responsible for ensuring that attendees park in the permitted areas in a legal manner. (i) No attendee parking is permitted along either side of the streets of EI Horno and La Matanza. That area is to remain available for the residents and their guests to park. (j) Restrooms are to be kept locked when not in use. Licensee must ensure restroom is locked after each usage and at the close of business daily, as well as after special usage at times other than during the regular business day. (k) Licensee is responsible for all furniture, equipment, and supplies for this space usage. All items brought in by Licensee must be removed at the end of the term of the License. City does not grant permission for items to remain in the premises once the term of the License ends. (1) City shall issue keys to the individuals whose names are provided by Licensee; all keys must be signed-out in accordance with City procedure. When a person leaves Licensee's program, Licensee must return the key to City so that person's name can be removed from City records. Licensee is not permitted to re-issue any key. Section 12. Termination. This Agreement may be terminated upon the default of either party. In the event of a dispute between the parties, City and Licensee shall first meet and confer regarding the matter. If the dispute cannot be resolved through a meet and confer session within thirty (30) days of written notice of a default, then the License may be unilaterally terminated by the non-defaulting party. (b) City and Licensee shall have the right to terminate this Agreement without cause by giving ninety (90) days advance written notice of termination to the other party- (c) Upon termination of this Agreement, Licensee shall remove all equipment and materials, clean the premises, and leave facility in a condition substantially - 6 - similar to that prevailing at the time of the commencement of this lease, with the exception of normal wear and tear, acts of God, and events beyond control of Licensee. Licensee shall restore the property to its original condition without any cost to City. Section 13. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered herein, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. Section 14. General Provisions. (a) Notices. All notices, demands, consents, or other communications required to be given under this agreement shall be accomplished by first class mail, postage prepaid, and deposited in the U.S. mail, or personally served upon the other party. To City: Karen Crocker, Community Services Director City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 To Licensee: Anthony Rivera, Jr., Chairman/CEO Juaneno Band of Mission Indians 31411 La Matanza Street, Suite A San Juan Capistrano, CA 92675 (b) Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. [SIGNATURE PAGE TO FOLLOW] - 7 - IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF SAN JUAN CAPISTRANO By: Lon Uso, Mayor JUANEIVO BAND OF MISSION INDIANS By: Anthony Rivera, Jr., Chairman/CEO ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Attached Exhibits: A. Site Diagram B. Allowable Uses - 8 - Exhibit A Site Diagram Lacouague Building: 31411 La Matanza Street Ruom#1 (Lounge) 790 sq.fL Room#2 r++ "On MNu g gRoom ( tr(fion Room) 965 sq. Kfthen Padang 340 w rrr• ,••`�� - •�' 1T£�� 1411. x r Exhibit B Allowable Uses • Administrative office hours to the Tribal office shall be 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage will be minimal, with an attendance of 10 people or less on those various weekend usages. Exception: Tribal General Council meetings. • Tribal General Council meetings are held on the third Saturday of each month from 1:00 to 4:00 pm. See Section 11 regarding parking restrictions and Section 6 regarding use of adjacent Meeting Room #2. The use of Meeting Room #2 shall consist of no more than 20 people in attendance. • The Tribal Council officers (5) usually meet on Thursday evenings until 10:00 pm. • Tribal committee meetings are held on various days throughout each month, usually during business hours. These committees have an attendance of 10 or less. • The Tribal space will be arranged in such a way as to permit open areas for meetings, classes, and projects. • Tribal usage of any City facility space other than Room #3 identified on Exhibit A is permitted only when the group is in possession of a,City-approved facility use application. A fee for use of these facilities shall be charged in accordance with Section 6 of this License Agreement. • Licensee shall confine use of the Old Fire Station site to indoor usage of the Lacouague Building only. Picnicking or gathering on the lawn area located at the corner of EI Horno and La Matanza Streets is not permitted. • Licensee shall not store items in any City refrigerator. • Licensee shall have access to the common area for use of the restrooms. Licensee may not utilize the property for any other uses than those specifically established in this License Agreement. CITY OF SAN JUAN CAPISTRANO FACILITY LEASE FEE CALCULATION FACILITY: Old Fire Station Complex-Lacou ue LEASED TO: Juaneno Band of Indians ADDRESS AND LOCATION: 31411 -A. La Matanza Room 3 SQUARE FOOTAGE: 1240 SQ FT PERCENT OF TOTAL FIRE STATION COMPLEX 16% LAST UPDATED: October 1,2009 77 Annual Selery Allocated To This Position Facillly Overhead Total Public Works Personnel Services Total 1,573 368 1,940 Commun Services Personnel Services Total 1 799 2,322 4,121 Destxl ion Account Fiscal Year Total Custodial Supplies 2009-10 219 Grounds Maintenance 2009-10 796 Building Maintenance 2009-10 1,731 Other Maintenance 2009-10 - Building Repairs 2009-10 685 Depredation 2009-10 2,434 _ Less Interest (717) Annual Property Finance 3,703 Utilities Gas 2008-09 243 Water 2008-09 286 Electric 2008-09 2,523 4 9 ATTACHMENT 2 THE CITY OF k f SAN JUAN CAPISTRANO N y A JUANENO LICENSE AGREEMENT r a j Old Fire Station Complex (l Lacouague Building 34111 La Matanza Street ` 3 6 0 3O00 6000 9000 Feet Attachment 3 32400 PASEO ADCLANTO 7R/ r%: " MENISERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 l� !``+J/1 (949)493.1171 �y AM b (9490 493.1053 FAX • }.s" ` nc/ewWR t.LAURAFREEFREESE Ianannu THoslAs w.HR16AR vTvwsnwjNa»cr/x(xtran*k.�1X l7n MAW NIELSEN • • DR LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, December 15, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement for Use of Portion of the Lacouague Building at 31411 La Matanza Street (Juaneno Band of Mission Indians)" — Item No. Gla. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, December 14, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Karen Crocker, Community Services Director. You may contact that staff member at (949) 443-6389 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.om. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvcle rk(&sa n iva ncapistra no.org. Maria Morris, CMC City Clerk cc: Mr. Anthony Rivera, Jr, Chairman/CEO, Juaneno Band of Mission Indians; Ms. Jennifer Dinocola, Director, South Orange County Family Resource Center, Mission Hospital, CHEC; Larry Thomas, President, San Juan Capistrano Chamber of Commerce. San.hian Ciapistramr) Preverving the Payl to Fnhanve the Future w �I►� Mari 32400 PASEO AOEAANTO � MENDERS OF THE CM COUNCIL SAN JUAN CAPISTRANO,CA 92675 � {{�T� i � - ( � SAM ALLEVATO (949)493.1171 LM/RAFREM (949)493-1053 FAx • (1111 44tl 1 !16! THOMOLS W HROAR 1%NW.sanjln)1ucapistrana arty 1776 MARK NIELSEN • UP LONORES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 5:30 p.m. on Tuesday, December 15, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement for Use of Portion of the Lacouague Building at 31411 La Matanza Street (Juaneno Band of Mission Indians)" — Item No. Gla. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, December 14, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Karen Crocker, Community Services Director. You may contact that staff member at (949) 443-6389 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk(a)sanivancapistrano.ora. Maria Morris, CMC City Clerk cc: Mr. Anthony Rivera, Jr, Chairman/CEO, Juaneno Band of Mission Indians; Ms. Jennifer Dinocola, Director, South Orange County Family Resource Center, Mission Hospital, CHEC; Larry Thomas, President, San Juan Capistrano Chamber of Commerce. .Sam Alan Capistrano: Preserving Me Past to Cnhanee the Fuutrn • • 111/3/2009 F4b SUPPLEMENTAL AGENDA REPORT AGENDA ITEM F416 TO: Joe Tait, Interim City Manage FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of License Agreement for Use of Portion of the Lacouague Building at 31411 La Matanza Street (Juaneno Band of Mission Indians) RECOMMENDATION: No change to recommendation. SITUATION: Attachment 1 (License Agreement) has been revised. Resctfully submitted, Karen Crocker Community Services Director LICENSE AGREEMENT This License Agreement is made and is effective as of this 3rd day of November, 2009, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the Juaneno Band of Mission Indians, a California nonprofit corporation (hereinafter"Licensee"). RECITALS: WHEREAS, Licensee desires to utilize for Tribal Headquarters purposes a portion of the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex, located at 31411 La Matanza Street; and WHEREAS, City desires to make available such facility to Licensee for such purposes on a temporary basis under the terms and conditions set forth in this agreement. NOW, THEREFORE, BE IT MUTUALLY AGREED BETWEEN CITY AND LICENSEE AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to Licensee to occupy and utilize the portion of the Lacouague Building described as Room #3 in the Site Plan attached and incorporated herein by reference as Exhibit A (the "premises").Licensee shall use the premises for Tribal Headquarters purposes only. Licensee shall have exclusive occupancy of the premises and shall be responsible for all persons who enter upon and/or occupy the premises. Licensee represents that it is recognized by the State of California as a 501(cx3) Not-for-Profit organization. Licensee understands that its nonprofit status is a substantial inducement for City to grant this License. Licensee agrees to maintain its nonprofit status as a condition of this License. Failure to maintain this nonprofit status shall be cause for termination of this license. Section 2. Allowable Uses. Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit B, incorporated herein by reference. Section 3. Term of License. _ 1 _ ATTACHMENT 1 The term of this License shall be two (2) years from the effective date of this Agreement. The City Manager may approve a 90-day extension to accommodate any need Licensee may have to transition to another property. The monthly reimbursement and all other provisions of this license shall apply during such 90-day extension. Section 4. Utilities. Licensee shall be responsible for the cost of all utility services required in conducting business within the premises. The cost of gas, water and electricity service are covered by the monthly maintenance fee payable by Licensee to City hereunder. Licensee is directly responsible for telephone/television/cable television or Internet services and expenses. Licensee shall be responsible for opening/closing the premises for installation, repairs, and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, or removal appointments. Section 5. Monthly Reimbursements to City for Maintenance and Utilities. Licensee shall provide a monthly reimbursement to City in the amount of nine hundred ninety-two dollars ($992), which is equivalent to $.80 per sq. ft. This amount includes costs for landscaping and building hardscape maintenance services provided by the City, electricity, water, natural gas usage and other City related costs. This reimbursement shall be made payable to City in advance on the first day of each month. Remittances are to be made payable to the City of San Juan Capistrano, and shall be delivered directly to the Community Services Department located at the Community Center, 25925 Camino Del Avion, in the City of San Juan Capistrano. If the premises are unusable due to damage or destruction, the reimbursement obligation shall be abated until the use of the premises is restored. Section 6. Use of Adjacent Meeting Room. Licensee agrees and understands that City reserves the right to allow groups and individuals to utilize the adjacent meeting room. Licensee shall submit a facility use application to the Community Services Department for use of Meeting Room (Room #2). Licensee has permission to use this room only when in possession of a City- approved facility use application and no more than 20 persons in attendance. During the term of this agreement, usage fees will be required when Licensee requests use of City facilities other than Room #3. Licensee's use of other City facilities, including - 2 - Room #2, shall be charged at the non-profit rate listed in the City's fee resolution schedule, which has been adopted by City Council action. Section 7. Maintenance. Repairs, and Improvements (a) Restoration Requirement. City retains the right to require that Licensee restore premises to their condition prior to Licensee's occupancy when Licensee vacates the premises. If Licensee does not restore the premises to the original condition upon vacating premises, Licensee will be provided (within thirty [30] days of vacating) with a written explanation of restoration expenses, along with an invoice for these expenses. Licensee must pay this invoice within sixty (60) days of postage date. Further, any damage to the premises or building thereon resulting from use of the premises by Licensee or its invitees shall also be repaired at Licensee's expense. (b) Repairs and Damages. City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related improvements, providing that the damage to be repaired has not been caused directly by Licensee's use of the premises. City is responsible for the following items: Exterior painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, plumbing. (c) Custodial Responsibilities. Licensee shall be responsible for all arrangements and costs to provide custodial service to the premises. City shall be responsible for all arrangements to provide custodial service for the restrooms. Licensee and its custodial staff shall be responsible for placing rubbish and recycle materials in the appropriate locked dumpster located on site. They shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. (d) Tenant Improvements. Licensee shall submit to the Community Services Department, in writing, any desired changes/improvements to the premises. This shall include any modifications to existing walls, ceiling, windows, flooring, doors, lighting, interior, exterior, etc. Licensee must receive written approval from City prior to making any improvements or modifications to the premises. All improvements and their maintenance shall be the financial responsibility of Licensee. Section 8. Reservations to City. City reserves the right to enter the premises at any reasonable time for the purpose of inspection and/or repairs for which the City is responsible, or to carry out any municipal function. This right shall not be exercised in any manner which will - 3 - 0 0 unreasonably interfere with Licensee's use of the premises. The City will have a key to the premises for emergency or maintenance purposes. Section 9. Condition of Premises. Licensee agrees to accept the premises in an "as is" condition, and agrees to assume all further liability arising out of the condition of the premises, once a final inspection is completed jointly by both parties. Section 10. Insurance/Indemnity. Licensee, at its own cost and expense, shall carry, maintain for the duration of the License, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. Cgmprehensive General Liability. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the use of the premises. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this License or the general aggregate limit shall be at least twice the required occurrence limit. Proof of Insurance Requirements/Endorsement. Prior to occupying the premises, Licensee shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. - 4 - Indemnity. Licensee agrees to indemnify, protect, defend, and hold harmless City, its elected and appointed officials, and employees from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys' fees, for damages to property, injuries or death of any persons arising out of Licensee's use of the premises under the terms and conditions of this License. Section 11. Conditions of Operation. (a) The hours of operation shall be 9:00 am to 5:00 pm, Monday through Friday. Allowable uses are defined in Exhibit B. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. (b) Licensee shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the activities at the premises. (c) Licensee shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency. (d) Licensee shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. (e) Licensee shall submit a semi-annual performance report, due January 31 and July 31 each year to the Community Services Director in accordance to City Council Policy 014. The report shall include: (1) Disclosure of all activities the Licensee has conducted both at the facility and in the community on an outreach basis; (2) The number of citizens receiving benefits from activities, including meetings, classes, events, services; (3) The city of residence of citizens receiving benefits from activities, including meetings, classes, events, services; (4) Description of any routine maintenance of premises; (5) Proof of the Licensee's continued non-profit status; (6) Information on the total revenue received by the Licensee during the reporting period, and disclosure of the sources of that revenue. - 5 - (f) Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for Licensee. City shall retain the right to exclusive use of parking spaces for City business at any time. (g) Attendees may park in the Old Fire Station parking lot per availability and the public parking lot on the corner of EI Horno Street and EI Camino Real. (h) All parking must be done in a legal manner(i.e. no double parking). Licensee shall be responsible for ensuring that attendees park in the permitted areas in a legal manner. (1) No attendee parking is permitted along either side of the streets of EI Horno and La Matanza. That area is to remain available for the residents and their guests to park. (j) Restrooms are to be kept locked when not in use. Licensee must ensure restroom is locked after each usage and at the close of business daily, as well as after special usage at times other than during the regular business day. (k) Licensee is responsible for all furniture, equipment, and supplies for this space usage. All items brought in by Licensee must be removed at the end of the term of the License. City does not grant permission for items to remain in the premises once the term of the License ends. (1) City shall issue keys to the individuals whose names are provided by Licensee; all keys must be signed-out in accordance with City procedure. When a person leaves Licensee's program, Licensee must return the key to City so that person's name can be removed from City records. Licensee is not permitted to re-issue any key. Section 12. Termination. This Agreement may be terminated upon the default of either party. In the event of a dispute between the parties, City and Licensee shall first meet and confer regarding the matter. If the dispute cannot be resolved through a meet and confer session within thirty (30) days of written notice of a default, then the License may be unilaterally terminated by the non-defaulting party. (b) City and Licensee shall have the right to terminate this Agreement without cause by giving ninety(90) days advance written notice of termination to the other party. (c) Upon termination of this Agreement, Licensee shall remove all equipment and materials, clean the premises, and leave facility in a condition substantially - 6 - similar to that prevailing at the time of the commencement of this lease, with the exception of normal wear and tear, acts of God, and events beyond control of Licensee. Licensee shall restore the property to its original condition without any cost to City. Section 13. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered herein, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. Section 14. General Provisions. (a) Notices. All notices, demands, consents, or other communications required to be given under this agreement shall be accomplished by first class mail, postage prepaid, and deposited in the U.S. mail, or personally served upon the other party. To City: Karen Crocker, Community Services Director City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 To Licensee: Anthony Rivera, Jr., Chairman/CEO Juaneno Band of Mission Indians 31411 La Matanza Street, Suite A San Juan Capistrano, CA 92675 (b) Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. [SIGNATURE PAGE TO FOLLOW] - 7 - 0 • IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF SAN JUAN CAPISTRANO By: Mark Nielsen, Mayor JUANEIVO BAND OF MISSION INDIANS By: thony River airman/ ATTEST: Maria Morris, Acting City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Attached Exhibits: A. Site Diagram B. Allowable Uses - 8 - Exhibit A Site Diagram Lacouague Building: 31411 La Matanza Street Room#1 (Lounge) 790 sq.& Nom_ Room#2 W,► MepUng Room (NuVMon Room) 985 sq. Kitchen 340 sq.IL Pad ft Ire L 4�1 • y'f n � � 1 �' aye � 1��`tl` I.��.AI��•/:�• f, � Exhibit B Allowable Uses • Administrative office hours to the Tribal office shall be 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage will be minimal, with an attendance of 10 people or less on those various weekend usages. Exception: Tribal General Council meetings. • Tribal General Council meetings are held on the third Saturday of each month from 1:00 to 4:00 pm. See Section 11 regarding parking restrictions and Section 6 regarding use of adjacent Meeting Room #2. The use of Meeting Room #2 shall consist of no more than 20 people in attendance. • The Tribal Council officers (5) usually meet on Thursday evenings until 10:00 pm. • Tribal committee meetings are held on various days throughout each month, usually during business hours. These committees have an attendance of 10 or less. • The Tribal space will be arranged in such a way as to permit open areas for meetings, classes, and projects. • Tribal usage of any City facility space other than Room #3 identified on Exhibit A is permitted only when the group is in possession of a City-approved facility use application. A fee for use of these facilities shall be charged in accordance with Section 6 of this License Agreement. • Licensee shall confine use of the Old Fire Station site to indoor usage of the Lacouague Building only. Picnicking or gathering on the lawn area located at the corner of EI Horno and La Matanza Streets is not permitted. • Licensee shall not store items in any City refrigerator. • Licensee shall have access to the common area for use of the restrooms. Licensee may not utilize the property for any other uses than those specifically established in this License Agreement. • 11/3/2009 F4b AGENDA REPORT TO: Joe Tait, Interim City Manager FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of License Agreement for Use of Portion of the Lacouague Building at 31411 La Matanza Street (Juaneiio Band of Mission Indians) RECOMMENDATION: By motion, 1. Approve a license agreement between the City of San Juan Capistrano and Juaneno Band of Mission Indians for the use of a portion of the Lacouague Building for administrative purposes. 2. Approve the monthly maintenance fee of$.80 per sq. ft. at $992 per month. SITUATION: A. Summary and Recommendation The Juaneno Band of Mission Indians has requested that their use of a portion of the Lacouague Building be continued upon the expiration of their license agreement with the City, excluding the use of the 'Reception Office" which was relinquished at the request of the City. Staff recommends that a two (2) year license agreement with an extension option of one (1) additional year be forwarded to City Council with a recommendation of approval. B. Backaround The Juaneno Band of Mission Indians has occupied the Lacouague Building since 2000. The City renewed a three (3) year license agreement with the Juaneno Band of Mission Indians in 2003 to use a portion of the Lacouague Building for their tribal office. In 2006, the City entered into another three (3) year license agreement with the Juaneno Band of Mission Indians. This agreement expired in June 2009; therefore, the Juaneno Band of Mission Indians has been on a month-to-month basis for the use of the Lacouague Building until the action on the proposed license agreement is taken. Agenda Report Page 2 November 3. 2009 The Community Services Department has monitored the Juaneno Band of Mission Indians use of the Lacouague Building over the past nine years. The only complaints received were from residents that were concerned with parking conditions on dates when the group hosts their monthly General Council meetings. To address the neighbors' concerns, this agreement places restrictions on where attendees are permitted to park. In 2008, the Community Services Department recommended that their General Council meetings be held at the La Sala Building to rectify any parking problems occurring at the Tribal General Council meetings that are held on the third Saturday of each month. The Juaneno Band of Mission Indian's usage of the Lacouague Building includes tribal administrative activities, daily visits from tribal members, and various meetings. Some of the meetings are held on a monthly basis, while other meetings are held on an as-needed basis. Office hours are 9:00 am — 5:00 pm, Monday through Friday. Weekend and evening usage will be minimal and occasional, with an attendance of 10 people or less on those various usages. The Reception Office space was used by the Juaneno Band of Mission Indians for administrative purposes from 2003 until February 2009 when the City requested the space back for City usage. When the Juaneno Band of Mission Indians has need for expanded meeting space, they will be required to reserve the Meeting Room of the Lacouague Building, or any other City facility, in accordance with Section 6 of the attached license agreement. The primary focus areas of this organization include tribal business, support for tribal members, educational tools for the general public, and outreach to both tribal and non-tribal community through the tribal website. C. Overview of the License Aureement The proposed license agreement (Attachment 1) addresses a variety of issues, some of which include: allowable uses, term of license, reimbursement costs, utility responsibilities, tenant improvements, maintenance and repairs, insurance and indemnity, and termination of the agreement. Council Policy 14, "Non-profit Public Benefit Corporations", was established to ensure that non-profit public benefit organizations that enter into agreements with the City for use of City facilities are not for the private benefit of any individual. In consideration of this policy, the proposed license agreement (Attachment 1) includes a condition that the Juaneno Band of Mission Indians will be required to continue to submit a report to the City every six months describing the services provided through this facility. Failure to submit to the City the required performance reports shall make the organization ineligible for a continuation of the license agreement with the City of San Juan Capistrano. Agenda Report Page 3 November 3. 2009 D. Financial Analysis Due to a more extensive approach of fiscal accountability for City facilities, staff has spent the past few months obtaining specific costs of the full costs of maintaining the Old Fire Station Complex. These costs includes both the Public Works and Community Services Department staff salaries, custodial supplies, building and grounds maintenance, utilities, building depreciation, and the monthly mortgage fee to the County of Orange. Attachment 2 identifies the specific financial details of the Old Fire Station Complex Lacouague Building. The annual facility expenses of the Lacouague building are $17,964, which equates to an annual $14.49 per sq. ft. cost or a monthly square footage cost at $1.21. The square footage of the Lacouague Building is 1,240; therefore, the monthly maintenance fee to recover City costs of the Lacouague Building would be $1,496.99 The previous monthly square footage maintenance fee of the Lacouague Building, prior to, including total costs, was $.43 per sq. ft., which equated to $680 per month. Not only has the maintenance fees of the Lacouague Building been reallocated to identifying the total costs, so has the other buildings within the Old Fire Station Complex. The other buildings have the Chamber of Commerce and the CHEC organization paying for space. If the City Council chooses to pass along the total costs to operate the Old Fire Station Complex to the users, this will represent a 120% increase to the non-profit organizations who utilize space at that location. Due to the economic climate, the market value to rent other commercial sites within the City of San Juan Capistrano range from $.82 sq. ft. to $1.75 sq. ft. for full service. The Juaneno Band of Mission Indians is a non-profit organization with historical and cultural roots in San Juan Capistrano. This faction receives revenue through membership dues and fundraising efforts; therefore, it would be cost prohibitive for the Juaneno Band of Mission Indians and/or other non-profit groups utilizing the Old Fire Station Complex to pay full cost recovery fees, which are equivalent to other commercial sites within the City. The Old Fire Station Complex was purchased from the County of Orange in 1994, at below market value, with a deed restriction that the property is to provide a community services center for and on behalf of the citizens of Orange County. There is also a stipulation regarding leasing of the facility; therefore, the City is charging a maintenance fee to organizations that have a license agreement with the City for the use of the property. Utilization of the Lacouague Building by the Juaneno Band of Mission Indians is consistent to the deed restriction, as the intended use of the building is to provide tribal services. Agenda Report Page 4 November 3. 2009 For the above mentioned reasons, staff is recommending that the monthly maintenance fee to utilize the Lacouague Building within the Old Fire Station Complex increase from $.43 to $.80 per sq. ft. opposed to increasing the monthly maintenance fee to $1.21 per sq. ft., which would be a full cost recovery of maintenance fees. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: This item will be presented to the Parks, Recreation and Equestrian Commission on November 16, 2009, as information only. FINANCIAL CONSIDERATIONS: Staff is recommending a monthly fee of $.80 per sq. ft., which equates to a monthly fee of$992.00. NOTIFICATION: Mr. Anthony Rivera, Jr., Chairman/CEO, Juaneno Band of Mission Indians Ms. Jennifer Dinocola, Director, South Orange County Family Resource Center, Mission Hospital, CHEC Larry Thomas, President, San Juan Capistrano Chamber of Commerce RECOMMENDATION: By motion, 1. Approve a license agreement between the City of San Juan Capistrano and Juaneno Band of Mission Indians for the use of a portion of the Laoouague Building for administrative purposes. 2. Approve the monthly maintenance fee of$.80 per sq. ft. at $992 per month. Respectfully submitted, 4,�� w� Karen Crocker Community Services Director Attachments: 1. Proposed License Agreement 2. Facility Lease Fee Calculation 3. Location Map LICENSE AGREEMENT This License Agreement is made this P day of November, 2009, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the Juaneno Band of Mission Indians, a nonprofit corporation (hereinafter "Licensee"). RECITALS: WHEREAS, Licensee desires to utilize for Tribal Headquarters purposes a portion of the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex, located at 31411 La Matanza Street; and WHEREAS, City desires to make available such facility to Licensee for such purposes on a temporary basis under the terms and conditions set forth in this agreement. NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND LICENSEE AS FOLLOWS: Section 1. Grant of License. City hereby grants a license to Licensee for the purpose of allowing Licensee to utilize a portion of the Lacouague Building for Tribal Headquarters purposes only. The portion of the Lacouague Building, which is the subject of this License grant, is specifically described in the Site Plan attached as "Exhibits", incorporated herein by reference. Under this License Agreement, Licensee has the right and sole discretion to deal with and manage members of the public who enter upon the premises occupied by Licensee. Licensee represents that it is recognized by the State of California as a 501(c)(3) Not-for-Profit organization. Licensee understands that its nonprofit status is a substantial inducement for City to grant this License. Licensee agrees to maintain its nonprofit status as a condition of this License. Failure to maintain this nonprofit status shall be considered a breach of this License subject to the termination provisions provided for in Section 12 herein. Section 2. Allowable Uses. Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit B, incorporated herein by reference. - 1 - Attachment 1 Section 3. Term of License. The term of this License shall be two (2) years from the effective date of this Agreement. The Agreement may be extended for up to a maximum of one (1) additional year, upon the mutual written agreement of both parties. In addition, Licensee is hereby granted a 90-day hold-over period with respect to the term wherein Licensee may remain upon the property for up to 90 days to accommodate an need Licensee may have to transition to anotherproperty. The Y Y monthly reimbursement will be required during this holdover period. Section 4. Utilities. Licensee shall be responsible for the cost of all utility services required in conducting business within the building space authorized under this Agreement. Gas, water and electrical fees are part of the monthly maintenance fee of Licensee. Telephone/Television/Cable Television or Internet Services: expenses related to any and all of these services are the sole responsibility of Licensee. Licensee shall be responsible for opening/closing facility for installation, repairs, and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, or removal appointments. Section 5. No License Consideration. Licensee shall not be required to pay a license consideration for the privilege of utilizing property described in Exhibit A. Section 6. Use of Adjacent Meeting Room. Licensee agrees and understands that City reserves the right to allow groups and individuals to utilize the adjacent meeting room. Licensee shall submit a facility use application to the Community Services Department for use of Meeting Room (Room #2). Licensee has permission to use this room only when in possession of a City- approved facility use application and no more than 20 persons in attendance. During the term of this agreement, usage fees will be required when Licensee requests use of City facilities other than Room #3. Licensee's use of other City facilities, including Room #2, shall be charged at the non-profit rate listed in the City's fee resolution schedule, which has been adopted by City Council action. - 2 - Section 7. Maintenance. Repairs. and Improvements (a) Reimbursement for City Maintenance and Utilities. Licensee shall reimburse City in the total amount of nine hundred ninety-two dollars ($992) per month, which is equivalent to $.80 per sq. ft. This amount shall consist of a reimbursement portion for landscaping and building hardscape maintenance services provided by the City, electricity, water, natural gas usage and other City related costs. This reimbursement shall be made payable to City in advance of the first day of each month. The check is to be made payable to the City of San Juan Capistrano. The monthly reimbursement shall be submitted directly to the Community Services Department located at the Community Center. If the premises are unusable due to damage or destruction, the license fee shall be abated until the use of the designated space is restored. (b) Restoration Requirement. City retains the right to require that Licensee restore building site to its condition prior to Licensee's occupancy when Licensee vacates the premises. If Licensee does not restore the premises to the original condition upon vacating premises, Licensee will be provided (within thirty [30] days of vacating) with a written explanation of restoration expenses, along with an invoice for these expenses. Licensee must pay this invoice within sixty (60) days of postage date. Further, any damage resulting from use of facility shall also be corrected at Licensee's expense. (c) Repairs and Damages. City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related improvements, providing that the damage to be repaired has not been caused directly by Licensee's use of the premises. City shall accept responsibility for the following items: Exterior painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, plumbing. (d) Custodial Responsibilities. Licensee shall be responsible for all arrangements and costs to provide custodial service to Room #3. City shall be responsible for all arrangements to provide custodial service for the restrooms. Licensee and/or the custodial staff shall be responsible for placing rubbish and recycle materials in the appropriate locked dumpster located on site. They shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. (e) Tenant Improvements. Licensee shall submit to the Community Services Department, in writing, any desired changes/improvements to Room #3 of the Lacouague Building. This shall include any modifications to existing walls, ceiling, - 3 - windows, flooring, doors, lighting, interior, exterior, etc. Licensee must receive written approval from City prior to making any improvements or modifications to the facility. All improvements and their maintenance shall be the financial responsibility of Licensee. Section 8. Reservations to Citv. City reserves the right to enter the property at any reasonable time for the purpose of inspection and/or repairs for which the City is responsible, or to carry out any municipal function. This right shall not be exercised in any manner, which will unreasonably interfere with Licensee's use of the premises. The City will have a key to the Lacouague Building for emergency or maintenance purposes. Section 9. Condition of Premises. Licensee agrees to accept said facility in "as is" condition, and agrees to assume all further liability arising out of the condition of such facility, once a final inspection is completed jointly by both parties. Section 10. Insurance/Indemnity. Insurance required herein shall be provided by Admitted insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. (a) Comprehensive General Liability. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. (b) Proof of Insurance Requirements/Endorsement. Licensee shall submit the certificate of liability insurance, naming the City as additional insured, and an additional insured endorsement to the City for certification that the insurance requirements of this Agreement have been satisfied. (c) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. - 4 - (d) Indemnitv. Licensee agrees to indemnify, protect, defend, and hold harmless City, its elected and appointed officials, and employees from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys' fees, for damages to property, injuries or death of any persons arising out of Licensee's use of said facility under the terms and conditions of this Agreement. Section 11. Conditions of Operation. (a) The hours of operation shall be 9:00 am to 5:00 pm, Monday through Friday. Allowable uses are defined in Exhibit B. Other uses and times shall be requested in writing to City with ample time permitted for approval by the Community Services Director. (b) Licensee shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the aforesaid facility. (c) Licensee shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency. (d) Licensee shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. (e) Licensee shall submit a semi-annual performance report, due January 31 and July 31 each year to the Community Services Director in accordance to City Council Policy 014. The report shall include: 1. Disclosure of all activities the Licensee has conducted both at the facility and in the community on an outreach basis; 2. The number of citizens receiving benefits from activities, including meetings, classes, events, services; 3. The city of residence of citizens receiving benefits from activities, including meetings, classes, events, services; 4. Description of any routine maintenance of premises; 5. Proof of the Licensee's continued non-profit status; 6. Information on the total revenue received by the Licensee during the reporting period, and disclosure of the sources of that revenue. (f) Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for Licensee. City shall retain the right to exclusive use of parking spaces for City business at any time. - 5 - 0 0 1. Attendees may park in the Old Fire Station parking lot per availability and the public parking lot on the corner of EI Horno Street and EI Camino Real. 2. All parking must be done in a legal manner (i.e. no double parking) 3. No attendee parking is permitted along either side of the streets of EI Horno and La Matanza. That area is to remain available for the residents and their guests to park. Licensee shall be responsible for ensuring that attendees park in the permitted areas in a legal manner. (g) Restrooms are to be kept locked when not in use. Licensee must ensure restroom is locked after each usage and at the close of business daily, as well as after special usage at times other than during the regular business day. (h) Licensee is responsible for all furniture, equipment, and supplies for this space usage. All items brought in by Licensee must be removed at the end of the term of the agreement. City does not grant permission for items to remain in the facility once the term of the agreement ends. (i) City shall issue keys to the individuals whose names are provided by Licensee; all keys must be signed-out in accordance with City procedure. When a person leaves Licensee's program, Licensee must return the key to City so that person's name can be removed from City records. Licensee is not permitted to re-issue any key. Section 12. Termination. (a) This Agreement may be terminated upon the default of one of the parties. In the event of a dispute between the parties, City and Licensee shall first meet and confer regarding the matter. If the dispute cannot be resolved through a meet and confer session within thirty (30) days of written notice of a default, then the Agreement may be unilaterally terminated by the non-defaulting party. (b) City and Licensee shall have the right to terminate this Agreement without cause by giving ninety (90) days advance written notice of termination to the other party. (c) Upon termination of this Agreement, Licensee shall remove all equipment and materials, clean the premises, and leave facility in a condition substantially similar to that prevailing at the time of the commencement of this lease, with the exception of normal wear and tear, acts of God, and events beyond control of Licensee. Licensee shall restore the property to its original condition without any cost to City. - 6 - Section 13. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered herein, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. Section 14. General Provisions. (a) Notices. All notices, demands, consents, or other communications required to be given under this agreement shall be accomplished by first class mail, postage prepaid, and deposited in the U.S. mail, or personally served upon the other party. To City: Karen Crocker, Community Services Director City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 To Licensee: Anthony Rivera, Jr., Chairman/CEO Juaneno Band of Mission Indians 31411 La Matanza Street, Suite A San Juan Capistrano, CA 92675 (b) Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. [SIGNATURE PAGE TO FOLLOW] - 7 - IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF SAN JUAN CAPISTRANO By: Mark Nielsen, Mayor JUANEIVO BAND OF MISSION INDIANS By: Anthony Rivera, Jr., Chairman/CEO ATTEST: Maria Morris, Acting City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Attached Exhibits: A. Site Diagram B. Allowable Uses - 8 - Exhibit A Sim diagram Lacouague Building: 31411 La Matanza Street Room#1 (Lounge) 790 sq. ft. Room Meeting Room (Nu61Hon Room) 985 sq.ft. .�. Kitchen 0 x Padit - W - 44 Ice Exhibit B Allowable Uses • Administrative office hours to the Tribal office shall be 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage will be minimal, with an attendance of 10 people or less on those various weekend usages. Exception: Tribal General Council meetings. • Tribal General Council meetings are held on the third Saturday of each month from 1:00 to 4:00 pm. See Section 11(f) regarding parking restrictions and Section 6 regarding use of adjacent Meeting Room #2. The use of Meeting Room #2 shall consist of no more than 20 people in attendance. • The Tribal Council officers (5) usually meet on Thursday evenings until 10:00 pm. • Tribal committee meetings are held on various days throughout each month, usually during business hours. These committees have an attendance of 10 or less. • The Tribal space will be arranged in such a way as to permit open areas for meetings, classes, and projects. • Tribal usage of any City facility space other than Room #3 identified on Exhibit A is permitted only when the group is in possession of a City-approved facility use application. A fee for use of these facilities shall be charged in accordance with Section 6 of this License Agreement. • Licensee shall confine use of the Old Fire Station site to indoor usage of the Lacouague Building only. Picnicking or gathering on the lawn area located at the corner of EI Horno and La Matanza Streets is not permitted. • Licensee shall not store items in any City refrigerator. • Licensee shall have access to the common area for use of the restrooms. Licensee may not utilize the property for any other uses than those specifically established in this License Agreement. 0 CITY OF SAN JUAN CAPISTRANO FACILITY LEASE FEE CALCULATION FACILITY: Old Fire Station Complex-Lacou ue LEASED TO: . Juaneno Band of Indians ADDRESS AND LOCATION: 31411 -A, La Matanza Room 3 SQUARE FOOTAGE: 1240 SQ FT PERCENT OF TOTAL FIRE STATION COMPLEX 16% LAST UPDATED: October 1,2009 Annual Salary Allocated To This Position Facility Overhead Total Public Works Personnel Services Total 1,573 366 1 94 0 CommuntyServices Personnel Services Total 1,799 2,322 4,121 ,.: 7a Description Account Fiscal Year Total Custodial Supplies 2009-10 219 Grounds Maintenance 2009-10 796 Building Maintenance 2009-10 1,731 Other Maintenance 2009-10 - Building Repairs 2009-10 685 Depreciation 2009-10 2,434 _ Less Interest (717) Annual Property Finance 3,703 Utilities Gas 2008-09 243 Water 2008-09 286 Electric 2008-09 2,523 t. ATTACHMENT 2 THE CITY OF ri SAN JUAN CAPISTRANO JUANENO LICENSE AGREEMENT 1� j el�I ti S q a, + Old Fire Station Complex Lacouague Building r y 34111 La Matanza Street i 0 3000 6000 9000 Feet Attachment 3 +rlwra 92446 wASEO aa£LAtVTO rr ME MBER&OF t'HE CM COUNCIL SAN JUAN C:AF't6TRANCT,CA$267$ "y SAM ALLEVATO ($4$14$31171 �',$-'k } 91001111111 LAURAFREESE (94$)4$33-1 QS9 FAx 61111 Rio k 1061 THOMAS W HPoBAR WW L4'.sanylAAricapistra"LLOr"g i' MAW NIELSEN a DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, November 3, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement for Use of Portion of the Lacouague Building at 31411 La Mantanza Street (Juaneno Band of Mission Indians)" — Item No. F41b. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, November 2, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Karen Crocker, Community Services Director. You may contact that staff member at (949) 443-6389 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancaaistrano.oro. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerka-sanivancaoistrano.oro. Maria Morris Acting City Clerk cc: Mr. Anthony Rivera, Jr. Chairman/CEO, Juaneno Band of Mission Indians; Ms. Jennifer Dinocola, Director, South Orange County Family Resource Center, Mission Hospital, CHEC; Larry Thomas, President, San Juan Capistrano Chamber of Commerce San 3huarr Capstram): Pmserving the Past t(� Enhance the 1 uture dwwl► 32404 PASEO AOHI.,ANTO r., NENr11276 OF THC CM COUNCIL SAN JUAN GAPMTRANP,CA 92675 r r SAMAUEVATO (949)493.1171 LFREES {{ 9L/HOIBnI AVRAFREEBE (949)4931053 FAX ♦ E9N"Wo THOMAS W.HRMAR "1sw.sna jiaunc•upi strand.oly t77fi NOW NELSEN • s DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, November 3, 2009 in the City Council Chamber in City Mali, to consider: "Consideration of License Agreement for Use of Portion of the Lacouague Building at 31411 La Mantanza Street (Juaneno Band of Mission Indians)" — Item No. F4b. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, November 2, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Karen Crocker, Community Services Director. You may contact that staff member at (949) 443-6389 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvclerk(@sanivancapistrano.orci. Maria Morris Acting City Clerk cc: Mr. Anthony Rivera, Jr. Chairman/CEO, Juaneno Band of Mission Indians; Ms. Jennifer Dinocola, Director, South Orange County Family Resource Center, Mission Hospital, CHEC; Larry Thomas, President, San Juan Capistrano Chamber of Commerce ,San Juan Capistrano: Preserving the Past to Enhance the Facture Christy Jaki From: Christy Jakl Sent: Monday, January 11, 2010 12:58 PM To: Karen Crocker Cc: Cynthia Alexander Subject: Lie Agr w/Juaneno Band of Mission Indians Good Afternoon and Happy Monday, I have the License Agreement with the Juaneno Band of Mission Indians approved from the 12/15/09 meeting. Before I can send out the agreement to them, our office needs to receive current insurance documents per the contract. The documents we have on file expired in December 2009. Please let me know if you have any questions. Sincerely, Christi Jakl Administrative Specialist, City Clerk's Office City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 1 0 Today's Date: December 11, 2009 Transmittal Routing (Check All That Apply) ® City Attorney ❑ City Manager ® City Clerk CONTRACT TRANSMITTAL CIP No. (if any): Project Manager's Last Name: Crocker Phone Extension: 6389 Council or CRA Meeting Date (if applicable): December 15, 2009 APPROVING AUTHORITY: (Check One) ® Mayor ❑ CRA Chair ❑ City Manager Provide (1) executed original contract for each signing parry, including the City. If the agreement is to be recorded—only(1)original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street city St I Zi OTHER INSTRUCTIONS: Form Date:01-2004 D-7 32400 PASEO ADELANTO �% MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)4931171 ,{,f; LAURAF E"ro SE (949)4931053 FAX t> HINnEI THOMAS HRI ES1776 I 1961 THOMAS W.HRIBAR Hrvvwsanjuancapistrano.org 1776 " � MARK NIELSEN DR.LONDRES USO TRANSMITTAL TO: Anthony Rivera, Jr., Chairman/CEO Juaneho Band of Mission Indians 31411 La Matanza Street, Suite A San Juan Capistrano, CA 92675 DATE: May 24, 2010 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: License Agreement — Use of 31411 La Matanza Street, Old Fire Station Recreation Complex Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Cynthia Alexander, Community Services Manager at (949) 443-6395. An original License Agreement is enclosed for your records. Cc: Cynthia Alexander, Community Services Manager San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100%reoydeA paper