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.
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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
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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
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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.
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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.
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(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
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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]
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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
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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�
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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
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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
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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
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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,►
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985 sq.
Kitchen
340 sq.IL
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Exhibit B
Allowable Uses
• Administrative office hours to the Tribal office shall be 9:00 am to 5:00 pm,
Monday through Friday. Weekend and evening usage will be minimal, with an
attendance of 10 people or less on those various weekend usages. Exception:
Tribal General Council meetings.
• Tribal General Council meetings are held on the third Saturday of each month
from 1:00 to 4:00 pm. See Section 11 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
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a, + Old Fire Station Complex
Lacouague Building
r y 34111 La Matanza Street
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0 3000 6000 9000 Feet
Attachment 3
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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
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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