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10-0803_VETERANS OF FOREIGN WAR_License Agreement0 0 LICENSE AGREEMENT This LICENSE AGREEMENT is made this aro day of August, 2010, by and between the City of San Juan Capistrano, hereinafter referred to as "City," and Veterans of Foreign War, hereinafter referred to as "Licensee." RECITALS: WHEREAS, Licensee is a nonprofit organization dedicated to providing quality social and organization services to a targeted population of San Juan Capistrano; and WHEREAS, Licensee desires to utilize for administrative office purposes a portion of the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex , located at 31411 La Matanza Street, Suite C; and 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 an administrative office only. The portion of the Lacouague Building, which is the subject of this License Agreement, is specifically described in the Site Plan attached as Exhibit "A", and incorporated herein by reference. Licensee is further entitled to make certain improvements. Any future improvements desired by Licensee must be submitted in writing to the City, and then approved, in writing, by the City. Section 2. 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 two (2) additional years, upon the mutual written agreement of both parties. In addition, Licensee is hereby granted a 90 -day hold -over period with respect to the two (2) year term wherein Licensee may remain upon the property for up to 90 days to accommodate any need Licensee may have to transition to another property. Section 3. Allowable Uses. Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit "B", attached and incorporated herein by reference. 1 0 0 Section 4. 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. Section 5. Maintenance. Repairs, and Improvements. 5.1 Reimbursement for City Maintenance and Utilities Licensee shall reimburse City in the total amount of eighty-eight dollars ($88.00) per month if City Council does not waive the monthly rental. This amount includes a reimbursement for landscaping and building hardscape maintenance services provided by the City, in addition to reimbursing the City for electricity, water, and natural gas usage. This reimbursement shall be made payable to City on a quarterly basis. The check is to be made payable to the City of San Juan Capistrano. Payments shall be submitted directly to the Community Services Department. If the licensed premises are unusable due to damage or destruction, the license fee shall be abated until the use of the designated space is restored. 5.2 Restoration Requirements. In order to ensure that the facility is returned to its original condition at the conclusion of this agreement, any damage resulting from use of this facility shall be corrected at Licensee's expense. When vacating the premises, if Licensee does not restore the premises to its original condition, the cost to restore the premises will be invoiced for monies within thirty (30) days of Licensee leaving the premises. 5.3 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 also accept responsibility for following Items: Exterior Painting Exterior Lighting Roofing Windows and Doors (excluding screen doors) Exterior Wall Repair HVAC Plumbing 5.4 Custodial Responsibilities. Licensee shall be responsible for office and storage room of the Lacouague Building. 2 0 0 5.5 Tenant Improvements. Licensee shall summit to the Community Services Department, in writing, any desired changes/improvements to Room #2 office space of the Lacouague Building. This shall include any modifications to existing walls, ceiling, flooring, and doors, lighting, interior and exterior. 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 or Licensee. Furthermore, Licensee shall restore said premises back to its original condition at the end of the Agreement, unless City provides written permission to leave improvement in place. Section 6. Utilities. Telephone and internet-related expenses are the sole responsibility of Licensee. Licensee shall be responsible for opening/closing facility for installation, repairs, and/or removal appointments. The City will incur electricity costs for the use of the office space. Section 7. No License Consideration. Except for the reimbursement required under Section 5, Licensee shall not be required to pay a license consideration for the privilege of utilizing property described in Exhibit "A" and "B." Section 8. Use of Adiacent Lacouaaue Building Room #2 & Nydeager Building. Licensee agrees and understands that City reserves the right to conduct City programs in the adjacent Lacouague Building Room #2. Licensee shall submit a facility use application to the Community Services Department for use of the Nydegger Building. Licensee has permission to use this room only when in possession of an approved facility use application. Section 9. Reservations to City. 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 unreasonable interfere with Licensee's use of the premises. Section 10. Compliance with Law; E -Verify. 10.1 Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 10.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https://e-verify.uscis.gov/enroll/. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 11. 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. 11.1 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. 11.2 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. 11.3 Notice of Cancel lation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverage 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 0 0 11.4 Indemnity. Licensee shall indemnify, save, and defend City, its elected and appointed officials and employees harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of Licensee's use of said facilities under the terms and conditions of this License Agreement. Section 12. Consideration. 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. 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. Parking spaces adjacent to this facility shall be shared with Licensee, Juaneno Band of Mission Indians and the public. No parking spaces shall be reserved for Licensee. All parking shall be in the lot. Additional parking is available in the public lot, located at the corner of EI Horno and EI Camino Real. Facility is to be kept locked when not in use. Licensee must ensure the facility is locked after use. Licensee is responsible for all furniture, equipment, and supplies for this space usage. City shall issue keys to names provided by Licensee; all keys must be signed-out in accordance with City procedure. When a person leaves Licensee's organization, Licensee must return the key to City so that person's name can be removed from City records. Licensee is not to re -issue any key to another member. Section 13. Termination. City shall have the right to terminate this Agreement without cause by giving ninety (90) days advance written notice of termination to the other party. 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 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 with any cost to City. 0 Section 14. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect of 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 15. Notice. 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: Lawrence Ramos 26285 Via de Gavilan San Juan Capistrano, CA 92675 Section 16. Attorneys' 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. Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. [SIGNATURE PAGE TO FOLLOW] A E a 0 VETERANS OF FOREIGN WARS B Lawrence Ramos, VFW President ATTE l APPROVED AS TO Oflill M A Omar an al, City Attorney Attached Exhibits: A. Site Diagram B. Allowable Uses 7 Lacouague Building 31411 La Mats Street ME T a Parking Exhibit "A" Room #1 (Lounge) 790 sq. ft. Room #Z (Meeting Room) 985 sq. ft. H -I Duty Lounge 340 sq. ft. Kitchen Panty ryes R FO,-qIj* ego sR o°tJ 7 N I n Office Space )cage for VFW • EXHIBIT "B" Allowable Uses Portion of the Lacouague Building Room #2 (70 sq. ft) Veterans Foreign War Allowable Uses Include: • There shall be one (1) workstation area utilize in the designated office space. The maximum number of persons to be in this area at one time is two Type of activity to take place at this site is administrative/office functions. • Storage of equipment and supplies is permitted only with the interior of the office/storage area. • Applicant shall have access to adjacent restroom facilities. • Applicant may not utilize the property for any other uses than those specifically established in the agreement. E 0 (kuu - 3" 8/3/2010 AGENDA REPORT G2a TO: Joe Tait, City Manager FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of License Agreement for Use of Portion of the Lacouague Building and Request for Fee Waiver for the Nydegger Building (Veterans of Foreign Wars) RECOMMENDATION: 1. Consideration of renewal of the proposed License Agreement between the City of San Juan Capistrano and Veterans of Foreign Wars (VFW) for the use of a portion of the Lacouague Building (70 sq. ft.), in the Old Fire Station Complex, for administrative purposes only, and, 2. Consider American Legion's request for a fee waiver in the amount of $3,936.00 for use of office space, storage in the Lacouague Building and monthly meetings in the Nydegger Building for Veterans of Foreign Wars (VFW) SITUATION: A. Summary and Recommendation The VFW entered into an agreement with the City of San Juan Capistrano for the use of the office alongside the kitchen at the Lacouague Building in the Old Fire Station Complex for administration purposes, this License Agreement has expired. As well as the proposed License Agreement, staff is presenting this item to the City Council at the request of the VFW for a fee waiver for the use of the Nydegger Building. B. Backaround The VFW, who work as part of the VFW volunteer staff, which is chartered as VFW, San Juan Capistrano Chapter, contributes to many organizations. Their charities include: National Home for Veterans' Orphans, the American Cancer Society, they help support a Disaster fund for Veterans of Foreign Wars, the Boy Scouts, Junior ROTC and provide a Color Honor Guard for various groups hosting events around San Juan Capistrano. The Veterans of Foreign Wars has been a continuous facility applicant of the Lacouague Building and Nydegger Building at the Old Fire Station Complex since 1998. In January 2008, the VFW entered into a License Agreement with the City of San Juan Capistrano for use of the Lacouague Room #2 and Nydegger Buildings, for the Women's Auxiliary and the VFW monthly meetings, and use Lacouague Building Room #2, 0 Agenda Report Page 2 August 3, 2010 alongside the kitchen area for office space for administrative purposes. The VFW will maintain their office space alongside the kitchen; however, they will conduct their meetings at the Nydegger Building because another City program will be using the Lacouague Building on a consistent basis. The attached License Agreement identifies the allowable uses of the office space. The amount of use of the office space is very minimal, with one or two members utilizing the office at one time. The office is predominately used to store files and prepare letters and newsletters to their members. The use of a portion of the Lacouague Building Room #2 to be utilized for an office space should not pose a negative impact on adjacent residents or other users of the building B. Fee Analysis Below is a breakdown of the fee reimbursement for the use of the Old Fire Station Complex (Attachment 2): Building Monthly Annually Lacouague Office/Alongside Kitchen 70 sq.ft x $1.26=$88.00 $1,056.00 Nydegger Building $36.00 x 6.5 hrs/month=$234 $2,808.00 Nydegger Building $36 x 2 hrs (2 mtgs. annually) $ 72.00 Total $3,936.00 City Administrative Policy No. 606 establishes a process for consideration of fee reductions for use of City facilities. The policy states that the Director of Community Services and the City Manager are each authorized to grant up to a 25% reduction in facility rental fees for a total possible reduction of 50%. The policy states that City Council action is required for any portion of a fee reduction in excess of 50% (Attachment 3). COMMISSIONIBOARD REVIEW, RECOMMENDATION: This item was presented to the Parks, Recreation, and Equestrian Commission at their July 19, 2010 meeting as informational item only. FINANCIAL CONSIDERATIONS: As specified in the proposed License Agreement, VFW will be responsible for a monthly payment related to telephone related expenses, such as, telephone and/or internet services. NOTIFICATION: Lawrence Ramos, President Agenda Report Page 3 August 3, 2010 In addition, notification regarding this item has been mailed to neighborhood residents and property owners within a radius of 500' of the Old Fire Station Complex by the Community Services Department. RECOMMENDATION: Consideration of renewal of the proposed License Agreement between the City of San Juan Capistrano and Veterans of Foreign Wars (VFW) for the use of a portion of the Lacouague Building (70 sq. ft.), in the Old Fire Station Complex, for administrative purposes only, and, 2. Consider American Legion's request for a fee waiver in the amount of $3,936.00 for use of office space, storage in the Lacouague Building and monthly meetings in the Nydegger Building for Veterans of Foreign Wars (VFW) Respectfully submitted, Karen Crocker Community Services Director Attachments: 1. Proposed License Agreement 2. Facility Fees Calculation Chart 3. City Administrative Policy No. 606 4. Location Map 0 0 LICENSE AGREEMENT This LICENSE AGREEMENT is made this 3rd day of August, 2010, by and between the City of San Juan Capistrano, hereinafter referred to as "City," and Veterans of Foreign War, hereinafter referred to as "Licensee." RECITALS: WHEREAS, Licensee is a nonprofit organization dedicated to providing quality social and organization services to a targeted population of San Juan Capistrano; and WHEREAS, Licensee desires to utilize for administrative office purposes a portion of the Lacouague Building, which is a portion of the Old Fire Station Recreation Complex, located at 31411 La Matanza Street, Suite C; and 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 an administrative office only. The portion of the Lacouague Building, which is the subject of this License Agreement, is specifically described in the Site Plan attached as Exhibit "A", and incorporated herein by reference. Licensee is further entitled to make certain improvements. Any future improvements desired by Licensee must be submitted in writing to the City, and then approved, in writing, by the City. Section 2. 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 two (2) additional years, upon the mutual written agreement of both parties. In addition, Licensee is hereby granted a 90 -day hold -over period with respect to the two (2) year term wherein Licensee may remain upon the property for up to 90 days to accommodate any need Licensee may have to transition to another property. Section 3. Allowable Uses. Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit "B", attached and incorporated herein by reference. 1 ATTACHMENT1 0 0 Section 4. 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. Section 5. Maintenance. Repairs. and Improvements. 5.1 Reimbursement for City Maintenance and Utilities Licensee shall reimburse City in the total amount of eighty-eight dollars ($88.00) per month if City Council does not waive the monthly rental. This amount includes a reimbursement for landscaping and building hardscape maintenance services provided by the City, in addition to reimbursing the City for electricity, water, and natural gas usage. This reimbursement shall be made payable to City on a quarterly basis. The check is to be made payable to the City of San Juan Capistrano. Payments shall be submitted directly to the Community Services Department. If the licensed premises are unusable due to damage or destruction, the license fee shall be abated until the use of the designated space is restored. 5.2 Restoration Requirements. In order to ensure that the facility is returned to its original condition at the conclusion of this agreement, any damage resulting from use of this facility shall be corrected at Licensee's expense. When vacating the premises, if Licensee does not restore the premises to its original condition, the cost to restore the premises will be invoiced for monies within thirty (30) days of Licensee leaving the premises. 5.3 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 also accept responsibility for following Items: Exterior Painting Exterior Lighting Roofing Windows and Doors (excluding screen doors) Exterior Wall Repair HVAC Plumbing 5.4 Custodial Responsibilities. Licensee shall be responsible for office and storage room of the Lacouague Building. 2 5.5 Tenant Improvements. Licensee shall summit to the Community Services Department, in writing, any desired changes/improvements to Room #2 office space of the Lacouague Building. This shall include any modifications to existing walls, ceiling, flooring, and doors, lighting, interior and exterior. 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 or Licensee. Furthermore, Licensee shall restore said premises back to its original condition at the end of the Agreement, unless City provides written permission to leave improvement in place. Section 6. Utilities. Telephone and internet-related expenses are the sole responsibility of Licensee. Licensee shall be responsible for opening/closing facility for installation, repairs, and/or removal appointments. The City will incur electricity costs for the use of the office space. Section 7. No License Consideration. Except for the reimbursement required under Section 5, Licensee shall not be required to pay a license consideration for the privilege of utilizing property described in Exhibit "A" and "B." Section 8. Use of Adjacent Lacouaaue Buildina Room #2 & Nydeaaer Buildina. Licensee agrees and understands that City reserves the right to conduct City programs in the adjacent Lacouague Building Room #2. Licensee shall submit a facility use application to the Community Services Department for use of the Nydegger Building. Licensee has permission to use this room only when in possession of an approved facility use application. Section 9. Reservations to City. 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 unreasonable interfere with Licensee's use of the premises. Section 10. Compliance with Law: E -Verify. 10.1 Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. C-1 10.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https://e-verify.uscis.aov/enroll/. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 11. 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. 11.1 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. 11.2 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. 11.3 Notice of Cance Ilation/Term!nation of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverage 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. M 0 0 11.4 Indemnity. Licensee shall indemnify, save, and defend City, its elected and appointec officials and employees harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of Licensee's use of said facilities under the terms and conditions of this License Agreement. Section 12. Consideration. 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. 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. Parking spaces adjacent to this facility shall be shared with Licensee, Juaneno Band of Mission Indians and the public. No parking spaces shall be reserved for Licensee. All parking shall be in the lot. Additional parking is available in the public lot, located at the corner of EI Horno and EI Camino Real. Facility is to be kept locked when not in use. Licensee must ensure the facility is locked after use. Licensee is responsible for all furniture, equipment, and supplies for this space usage. City shall issue keys to names provided by Licensee; all keys must be signed-out in accordance with City procedure. When a person leaves Licensee's organization, Licensee must return the key to City so that person's name can be removed from City records. Licensee is not to re -issue any key to another member. Section 13. Termination. City shall have the right to terminate this Agreement without cause by giving ninety (90) days advance written notice of termination to the other party. 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 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 with any cost to City. Section 14. Entire Aureement. This Agreement contains the entire Agreement of the parties hereto with respect of 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 15. Notice. 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: Lawrence Ramos 26285 Via de Gavilan San Juan Capistrano, CA 92675 Section 16. Attorneys' 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. Section 17. Entire Anreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. [SIGNATURE PAGE TO FOLLOW] E 0 M ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney • CITY OF SAN JUAN CAPISTRANO Dr. Londres Uso, Mayor VETERANS OF FOREIGN WARS Attached Exhibits: A. Site Diagram B. Allowable Uses Lawrence Ramos, VFW President 7 0 Lacouague Exhibit "A" Building Driveway 31411 La Matanz Street Room #1 (Lounge) 790 sq. ft. 0 [.1ri Room #2 Y (Meeting Room) 985 sq. ft. FMI ?' _ Kitchen Duty Lounge P"'lry 340 sq. ft - Parking r cr ��gO s'#� 1.1 Office Space nage for VFW 0 EXHIBIT "B" Allowable Uses 0 Portion of the Lacouague Building Room #2 (70 sq. ft) Veterans Foreign War Allowable Uses Include: • There shall be one (1) workstation area utilize in the designated office space. • The maximum number of persons to be in this area at one time is two Type of activity to take place at this site is administrative/office functions. • Storage of equipment and supplies is permitted only with the interior of the office/storage area. • Applicant shall have access to adjacent restroom facilities. • Applicant may not utilize the property for any other uses than those specifically established in the agreement. 0 EA J FACILITY: LEASED TO: ADDRESS AND LOCATION: SQUARE FOOTAGE: • CITY OF SAN JUAN CAPISTRANO FACILITY LEASE FEE CALCULATION Laco ue 31411 La Matanza 985 SQ FT PERCENT OF TOTAL FIRE STATION COMPLEX 13% LAST UPDATED: September 23,2009 ar a`�;:' F;-'�.'X`•' " :vtat:.e;,�'L�.�S:;S�.:�.. .4r�,.ft3a^' ,`G. k=+�+: ,..�..,.....,.: i�s.�i"u`.:`.F.r.4_�''Y'Y'" _.• Grounds Maintenance 2009-10 937 Building Maintenance 2009-10 1,704 Other Maintenance 2009-10 37 Building'Repairs 2009-10 544 Depreciation 2009-10 1,933 Less Interest (5691 Annual Property Finance 2,941 Utilities Gas 2008,09 193 Water 2008-09 227 Attachment 2 ADMINISTRATIVE POLICY DATE ADOPTED 4/16/96 POLICY NO. 606 REVISED 2/16/99 REVISED 11/02/99 REVISED 09/05/00 CITY MANAGER PAGE 1 OF 8 SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) PURPOSE: To establish a policy with procedures defining how to qualify for consideration of a reduction or waiver of City facility rental fees. It is the City's position to support activities that will bring either recreational, cultural, educational, and/or social benefits to the City, while nurturing and encouraging positive relationships among those organizations whose work benefits the overall City. Therefore, upon request, the City may consider reducing or waiving facility rental fees and related facility use permits. It is not the intent of this policy to reduce or waive fees associated with any labor of City employees, including Police Services. Criteria for Consideration of Fee Reductions or Waivers A. The partial or total waiver of fees for facilities shall be limited to San Juan Capistrano -based not-for-profit organizations, and Southern Orange County not-for- profit organizations that provide service to San Juan Capistrano residents. B. The Community Services Department shall grant priority consideration for the approval of a fee reduction or waiver request if the group has, in the past, provided contributions to the City, such as those listed below: Contributions may include, but not be limited to, any of the following forms: • Monetary contributions • In-kind services (i.e. equipment, donations) • Significant number of volunteer service hours C. The Director of the Community Services Department shall be authorized to grant up to a 25% reduction in facility rental fees. Attachment 3 0 ADMINISTRATIVE POLICY POLICY NO. 606 PAGE 2 OF 8 SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) D. The City Manager shall be authorized to grant up to a 25% reduction in facility rental fees. E. The City Council is authorized to grant up to a 50% reduction in facility rental fees. F. Capistrano Unified School District (CUSD) schools serving students residing in San Juan Capistrano shall be responsible for costs associated with City staffing that is scheduled specifically to supervise CUSD after-hours use of City facilities. CUSD shall be responsible for all staff costs associated with facility set up and/or take down. All other facility rental fees shall be waived. G. Decisions regarding the granting of fee reductions or waivers should take into consideration the following criteria: 1. How dollars saved from the facility fee reduction would be used. 2. Does the renter contribute significantly to the community by providing a service or filling a need that ordinarily would not have been provided? 3. To what extent does the activity being held benefit the community as a whole? 4. How many of the proposed attendees are residents of San Juan Capistrano? 5. Has City staff identified facility location alternatives to minimize City costs and revenue loss to the City? 6. Is the event intended to generate revenue through a participant fee, fundraiser, or admission? 7. Is the fee reduction/waiver request consistent with the intent of this policy? 8. San Juan Capistrano businesses requesting consideration for a fee reduction must provide written documentation that the activity is for the benefit of the community, and that the business will not receive monetary benefit from the activity. 0 ADMINISTRATIVE POLICY POLICY NO. 606 PAGE 3 OF 8 SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) Procedure A. Groups requesting a facility rental fee reduction/waiver are to submit a completed "Facility Use Application" along with a written request to the Community Services Director or designee. Annual calendar Gymnasium requests shall be submitted by August 1 of each calendar year and presented to the Parks, Recreation and Equestrian Commission and City Council for formal consideration. B. The renter shall justify the nature of their fee reduction/waiver request in a written request to be attached to a completed Facility Use Application form. C. Community Services Department staff is to identify any impact the request has upon the department budget or projected revenues. The Community Services Department shall review the request with any affected departments if outside his/her jurisdiction. This shall be given significant consideration in determining if a renter shall receive a reduction/waiver of fees. D. Community Services Department staff shall determine whether an alternate facility location is available that meets the applicant's needs, while minimizing cost and revenue loss to the City. If alternate facility locations are available, fee reductions or waivers shall apply to the alternate facility only. E. How to qualify as a San Juan Capistrano not-for-profit organization (required information must be submitted with the Facility Use Application): The organization must be registered as a not-for-profit organization with the State of California. If not registered with the State, must have a constitution or bylaws which clearly state that the objectives of the organization are of not-for-profit, non-commercial nature. The organization must submit the following: - If incorporated, submit copy of State incorporation papers and bylaws. - If not incorporated, submit copy of constitution and/or bylaws. 0 0 ADMINISTRATIVE POLICY POLICY NO. 606 PAGE 4 OF 8 SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) The organization's membership must be at least 51% San Juan Capistrano residents. Attach current membership roster with complete addresses, including zip codes. Appeals Any applicant aggrieved by any decision rendered by the City shall have the right of appeal from such decision to the City Manager. The City Manager, upon hearing such appeal, shall determine whether the decision rendered was in accordance with the purpose and intent of this policy, and any other applicable policies. Appeals to the City Manager shall be submitted and processed as follows: A. Within five (5) working days after receiving notice of the decision rendered, any applicant aggrieved by same may file a written letter of appeal with the Office of the City Manager. Such written appeal shall briefly state the action or decision appealed from the basis for such appeal. B. Upon receipt of such appeal, the City Manager shall schedule a meeting with the renter/applicant and shall hear and consider any relevant oral and/or written evidence pertaining to such matter including, but not limited to, staff reports submitted in conjunction therewith. C. The burden of proof shall be upon the appealing party to show that the decision rendered was not within the scope of the authority granted by this policy. D. The action of the City Manager, at the conclusion of the meeting, shall be to sustain, overrule, or modify in whole or in part, the decision rendered. The determination of the City Manager shall be final and conclusive, with the exception of fee reduction or waiver requests submitted for City Council consideration. ADMINISTRATIVE POLICY POLICY NO. 606 PAGE 5 OF 8 SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) CITY OF SAN JUAN CAPISTRANO COMMUNITY SERVICES DEPARTMENT FEE REDUCTION ELIGIBILITY CITY PARK RENTALS ELIGIBLE FOR CONSIDERATION CATEGORY PRIORITY CLASSIFICATION FOR FEE REDUCTION? A 1 San Juan Capistrano -based Yes San Juan non-profit organizations Capistrano Residents/Non -Profits 2 San Juan Capistrano No residents B 3 San Juan Capistrano Yes San Juan businesses conducting Capistrano activities to benefit the Businesses community and Non -San Juan Capistrano Non -Profits 4 San Juan Capistrano businesses conducting activities to benefit their No business 5 Non -San Juan Capistrano Yes non-profit organizations C 6 Non -San Juan Capistrano No Non -San Juan residents Capistrano Residents and Businesses 7 Non -San Juan Capistrano No businesses E ADMINISTRATIVE POLICY P POLICY NO. 606 PAGE 6 OF 8 SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) CITY OF SAN JUAN CAPISTRANO COMMUNITY SERVICES DEPARTMENT FEE REDUCTION ELIGIBILITY CITY BUILDING RENTALS ELIGIBLE FOR CONSIDERATION FOR FEE CATEGORY PRIORITY CLASSIFICATION REDUCTION? A 1 San Juan Capistrano -based Yes San Juan non-profit organizations Capistrano Residents/Non- Profits 2 San Juan Capistrano residents No B 3 San Juan Capistrano businesses Yes San Juan conducting activities to benefit the Capistrano community Businesses and Non -San Juan 4 San Juan Capistrano businesses No Capistrano Non- conducting activities to benefit their Profits business 5 Non -San Juan Capistrano non-profit Yes organizations providing service to San Juan Capistrano residents C 6 Non -San Juan Capistrano residents No Non -San Juan Capistrano Residents and Businesses 7 Non -San Juan Capistrano businesses No D 8 Non -San Juan Capistrano No Non -San Juan businesses: Revenue -generating Capistrano activities Businesses: Revenue - Generating Activity 0 ADMINISTRATIVE POLICY POLICY NO. 606 PAGE 7 OF 8 SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) CITY OF SAN JUAN CAPISTRANO COMMUNITY SERVICES DEPARTMENT FEE REDUCTION ELIGIBILITY CITY ATHLETIC FIELD RENTALS PRIORITY CLASSIFICATION ELIGIBLE FOR CONSIDERATION FOR FEE REDUCTION? 1. City -sponsored or co-sponsored events, or any use mandated by Yes City -approved lease or agreements 2. Programs run by nationally recognized youth sport groups which Yes are based in San Juan Capistrano 3. Programs run by private, not-for-profit schools which are based in Yes San Juan Capistrano 4. Programs run by organized senior groups which are based in San Yes Juan Capistrano 5. Club teams/invitational-only teams which are run by nationally Yes recognized youth sport groups and which are based in San Juan Capistrano 6. Programs run by organized, adult sport groups based in San Juan Yes Capistrano 7. Not-for-profit community/recreational/educational/public service Yes groups which are based in San Juan Capistrano 8. San Juan Capistrano -based business (not-for-profit use, or Yes conducting activity that benefits the community) 9. San Juan Capistrano resident No 10. San Juan Capistrano -based business (for profit use) No 11. Nonresident individual or group (not-for-profit use) No 12. Nonresident individual or group (for profit use) No 0 ADMINISTRATIVE POLICY POLICY NO. 606 PAGE 8 OF 8 SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) CITY OF SAN JUAN CAPISTRANO COMMUNITY SERVICES DEPARTMENT FEE REDUCTION ELIGIBILITY CITY GYMNASIUM RENTALS CATEGORY PRIORITY CLASSIFICATION ELIGIBLE FOR CONSIDERATION FOR FEE REDUCTION? 1. City -sponsored or co-sponsored events, leagues and Yes programs. 2. City -approved lease or agreement such as the Boys and Yes Girls Club. CATEGORY I 3. Programs conducted by nationally recognized not-for-profit Yes youth sport groups with open enrollment, which are San Juan established in San Juan Capistrano. Capistrano Residents/ 4. Programs conducted by nationally recognized not-for-profit Yes Non -Profits adult and senior citizen sports groups with open enrollment, which are established in San Juan Capistrano. 5. Not-for-profit community/recreational/educational/public Yes service groups which are established in San Juan Capistrano. 6. Club teams/invitational-only teams run by nationally Yes recognized youth sport groups, which are established in San Juan Capistrano. CATEGORY II 7. Businesses and private schools located in San Juan Yes Capistrano using the gymnasium for a not-for-profit use, or San Juan conducting activity that benefits the community. Capistrano Businesses 8. Businesses and private sports camps that are located in No and San Juan Capistrano using the gymnasium for profit use. Non -San Juan Capistrano g. Not-for-profit community/educational/public service groups Yes Non -Profits which are not established in San Juan Capistrano. CATEGORY 111 10. Businesses and private sports camps that are not located No in San Juan Capistrano using the gymnasium for profit use. Non -San Juan Capistrano Residents and Businesses 0 0 THE CITY OF SAN JUAN CAPISTRANO A I , z� San Juan Capistrano Lacouague Building and Nydegger Building 'A 0 3000 6000 9000 Feet Attachment 4 32400 FASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 MAW 4931171 (949) 493.1053 FAX 14'1W W.SCiNJ![gACQf7tSlrgflQ.O/� 0 0 MEMBERS OF THE CRY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAMALLEVATO LAURAFREESE THOMAS W. RRMAR MARX NIELSEN DR LONDRES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, August 3, 2010, in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement for Use of Portion of the Lacouague Building and Request for Fee Waiver for the Nydegger Building (Veterans of Foreign Wars)" — Item No. G2a. 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, August 2, 2010, 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(aisanjuancapistrano.orq. Maria Morris, CMC City Clerk cc: Lawrence Ramos, President San Juan Capistrano: Preserving the Past io Enhance the Future 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493.1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Lawrence Ramos 26285 Via de Gavilan San Juan Capistrano, CA 92675 DATE: August 9, 2010 ✓(v��p IAOIIIAAl11 • ISIAALIUR � 1961 1776 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO RE: License Agreement — Lacouague Building, portion of the Old Fire Station Garage, 31411 La Matanza Street, Suite C Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Keep in mind this documentation must remain current with our office during the term of this agreement. Please be aware, our office still needs to receive an E -verify certificate as outlined in your contract under Section 10. If you have questions related to insurance and E -verify 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 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%recycletl paper