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.
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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
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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.
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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.
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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
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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.
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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,
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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
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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
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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.
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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
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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
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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.
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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