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11-1004_OPEN SPACE FOUNDATION, SJC_Site Access License (2)SITE ACCESS LICENSE t, This Site Access License ("License") is granted as of the day of October, 2011 to the San Juan Capistrano Open Space Foundation (`Licensee") by the City of San Juan Capistrano, a municipal corporation ("Owner"). Whereas, Licensee proposes to provide volunteer services to the Owner for the benefit of the community on Owner's property located at the Northwest Open Space, Phase 2 area; specifically for the "San Juan Capistrano Dog Park" as depicted on plans approved by the City (the "Property") consisting of constructing a Dog Park and related parking improvements consistent with a City -issued building permit(s). Whereas, City supports the community services provided by Licensee. NOW, THEREFORE, in exchange for Licensee's promises stated herein, the Owner grants this License subject to the following terms and conditions: 1. Grant of License. The Owner hereby grants to Licensee, its contractors, and their employees, volunteers and agents, a non-exclusive revocable temporary license and permission to enter upon the Property for the purpose stated above. Except as specifically set forth in this Section 1; Licensee shall not use or enter upon any portion of the Property for any other purpose without the prior written consent of the Owner. Licensee's use of the Property pursuant to the license granted herein shall not interfere with the Owner's use of the Property. 2. Scope of Work. The Licensee shall construct the final project that the Owner approves and shall notify the Owner of any planned deviations, revisions or alterations to the project prior to constructing said improvements. The Licensee shall secure written approval from the Owner for any work conducted outside the limit of work area and shall secure required building permits and any other permit(s) outlined in the Municipal Code, The Licensee shall schedule all required site inspections with the designated Owner representative(s). 1 Condition of Premises. Licensee understands and acknowledges that Licensee (a) has inspected the Property and accepts to enter upon the Property in its "AS 1S" condition with full knowledge of the physical condition thereof, (b) the Property may contain hazardous conditions which may present danger and/or risks to the persons and property, and (c) Owner, its officials, employees, representatives and agents, have not made representation or warranty, express or implied, as to the condition of the Property, or the suitability of the Property for any purpose. 11 4. Insurance. Licensee shall, at its sole cost and expense, procure and maintain in effect throughout the term of this License, maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the access and activities contemplated by this License. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this License or the general aggregate limit shall be at least twice the required occurrence limit. Prior to accessing the Property under this License, Licensee shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming the City, its officers; employees, agents, and volunteers as additional insureds as respects to each of the following: Liability arising out of activities performed by or on behalf of Licensee, including the insured's general supervision of Licensee; products and completed operations of Licensee; or automobiles owned, leased, hired, or borrowed by Licensee. The coverage shall contain no special limitations on the scope of protection afforded to t he City, its officers, employees, or agents. 5. Indemnification. Licensee shall indemnify, defend (with counsel acceptable to Owner), protect and hold harmless Owner and its directors, officers, employees, shareholders, members, partners, lenders, agents, representatives, contractors and each of their respective successors and assigns and Owner's affiliates and members (collectively, "Owner's Parties") from and against any and all claims, demands, judgments, actions, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees and court costs), whether based on personal injury, property damage; negligence, nuisance, trespass, or pollution, arising at any time during or after the Term as a result (directly or indirectly) of or in connection with Licensee's access or use of Owner's Property pursuant to this License, or the conduct of Licensee's activity, work or things done, permitted or suffered by Licensee in or about Owner's Property pursuant to this License, except to the extent caused by Owner's negligence or willful misconduct. The obligations of Licensee under this Section 4 shall survive the expiration or earlier termination of this License. 6. Termination. Notwithstanding the provisions of Section 1, above, this License may be terminated by Owner "at will" and for no cause. No termination hereof shall release Licensee or its respective successors or assigns from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events occurring prior to the effective date of such termination. E 7. Surrender. Upon expiration or earlier termination of this License, Licensee shall remove all Licensee's personal property. Except for the improvements or work identified in this License, Licensee shall clean, repair and restore Owner's Property to the same condition as existed prior to Licensee's entry thereon. 8. Term. This License shall expire on June 1, 2012. APPROVED BY: City of San J .0hn Capistrano By: '' s Sam Allevatn, Mayor APPROVED AS TO FORM: r By: hAll I Omar Sando al, City Attorney San Juan Capistrano Open Space Foundation Print Name:6 75 Title: &4K-rIdeV-r 3 TO: Karen P. Brust, City MaFaq FROM: Grant Taylor, DeveIopment'Services Director 10/4/2011 D13 SUBJECT: Consideration of Approval of a Permit Fee Waiver and Site Access License for the San Juan Capistrano Open Space Foundation's Proposed Construction of the "San Juan Capistrano Dog Park" Improvements at the Northwest Open Space (CIP 10201)(Urgent Strategic Priority No. 3(2)) RECOMMENDATION: By motion, 1. Grant a Site Access License to the San Juan Capistrano Open Space Foundation to allow access to the "San Juan Capistrano Dog Park" area at the Northwest Open Space to construct the proposed Dog Park and parking improvements; and, 2. Grant a Permit Fee Waiver to the San Juan Capistrano Open Space Foundation for the processing of any required grading and building permits related to the proposed "San Juan Capistrano Dog Park" improvements. SITZ 1ATIMP The San Juan Capistrano Open Space Foundation (OSF) is seeking City Council approval for a Permit Fee Waiver and a Site Access License to allow the OSF to construct the final City Council approved "San Juan Capistrano Dog Park" (Dog Park) project (see Attachment 1, Dog Park Site Access License). The anticipated construction completion date will be provided by the OSF after the City Council approves the final Dog Park design. At such time, the OSF will submit a copy of the proposed construction schedule to the City. The design and environmental phase of the project is being managed by the Development Services Department and is estimated to be completed in 6 to 8 months. The project has been identified by the City Council as Urgent Strategic Priority No. 3(2) for Fiscal Year 2011-2012. Therefore, staff recommends the City Council approve a Permit Fee Waiver for the processing of any required grading and building permits for the proposed improvements; and, grant a Site Access License to the OSF to allow access to the Dog Park area at the Northwest Open Space. On March 15, 2011, the City Council considered a letter submitted by the OSF stating the Foundation's desire to construct the Dog Park and requesting the City authorize a waiver of fees including those associated with permits, inspections and water storage capacity charges (see Attachment 2, OSF Letter 3-10-11). The City Council provided Agenda Report Page 2 October 4 2011 the following comments: • City Council stated that they were impressed with all the work being done on the Northwest Open Space by the Open Space Foundation; and, wanted to make sure that the project would be reviewed by the Parks, Recreation and Senior Services Commission, and the Open Space, Trails and Equestrian Commission. City Council expressed unanimous support to name the Dog Park after the late veterinarian Dr. Joe Cortese. Staff was directed by City Council to bring back an agreement with the OSF providing for the construction of the Dog Park, COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: As directed by the City Council, after the preliminary design plans have been completed and the project has been subject to CEQA review, the project will be subject to review and recommendation by the Parks, Recreation and Senior Services Commission and the Open Space, Trails & Equestrian Commission. On September 27, 2011, staff provided a Receive and File agenda item to the Utilities Commission and was available to answer questions. FINANCIAL CONSIDERATIONS: Based on the preliminary cost estimate of the proposed Dog Park improvements, the requested Permit Fee Waiver for the proposed project would be approximately $12,742.68. The OSF is constructing the improvements which have an estimated cost of $270,000 and represent a substantial public benefit to the community. Plancheck and inspection related fees in the amount of $12,742.618 will be charged to the Capital Improvement Project (CIP) 10201 account. The project will utilize an existing two inch water meter that is active and in -use for the Northwest Open Space. Therefore, no waiver to water -related fees is necessary. PUBLIC NOTIFICATION: Public notification has been provided through posting of the meeting agenda on the City's website and notification of the OSF representatives including the OSF Board members Tim Neely, Tom Ostensen and Brad Gates. Agenda Report Page 3 October 4, 2011 [:��ol&Ii�ilg�If7�rIL.M By motion, 1. Grant a Site Access License to the San Juan Capistrano Open Space Foundation to allow access to the "San Juan Capistrano Dag Park" area at the Northwest Open Space to construct the proposed Dog Park and parking improvements; and, 2. Grant a Permit Fee Waiver to the San Juan Capistrano Open Space Foundation for the processing of any required grading and building permits related to the proposed "San Juan Capistrano Dog Park" improvements. Respectfully submitted, Grant Taylor, Development Services Director Attachments: 1. Dog Park Site Access License 2. OSF Letter 3-10-11 Prepared by, �)Mi� David Contreras, Senior Planner SITE ACCESS LICENSE This Site Access License ("License") is granted as of the day of October, 2011 to the San Juan Capistrano Open Space Foundation ("Licensee") by the City of San Juan Capistrano, a municipal corporation ("Owner"). Whereas, Licensee proposes to provide volunteer services to the Owner for the benefit of the community on Owner's property located at the Northwest Open Space, Phase 2 area; specifically for the "San Juan Capistrano Dog Park" as depicted on plans approved by the City (the "Property„) consisting of constructing a Dog Park and related parking improvements consistent with a City -issued building permit(s). Whereas, City supports the community services provided by Licensee. NOW, THEREFORE, in exchange for License e's promises stated herein, the Owner grants this License subject to the following terms and conditions: 1. Grant of License. The Owner hereby grants to Licensee, its contractors, and their employees, volunteers and agents, a non-exclusive revocable temporary license and permission to enter upon the Property for the purpose stated above. Except as specifically set forth in this Section 1; Licensee shall not use or enter upon any portion of the Property for any other purpose without the prior written consent of the Owner. Licensee's use of the Property pursuant to the license granted herein shall not interfere with the Owner's use of the Property. 2. Scope of Work. The Licensee shall construct the final project that the Owner approves and shall notify the Owner of any planned deviations, revisions or alterations to the project prior to constructing said improvements. The Licensee shall secure written approval from the Owner for any work conducted outside the limit of work area and shall secure required building permits and any other permit(s) outlined in the Municipal Code. The Licensee shall schedule all required site inspections with the designated Owner representative(s). 3. Condition of Premises. Licensee understands and acknowledges that Licensee (a) has inspected the Property and accepts to enter upon the Property in its "AS IS" condition with full knowledge of the physical condition thereof, (b) the Property may contain hazardous conditions which may present danger and/or risks to the persons and property, and (c) Owner, its officials, employees, representatives and agents, have not made representation or warranty, express or implied, as to the condition of the Property, the suitability of the Property for any purpose. 4. Insurance. Licensee shall, at its sole cost and expense, procure and maintain in effect throughout the term of this License, maintain in full force and effect E ATTACHMENT 9 Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the access and activities contemplated by this License. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this License or the general aggregate limit shall be at least twice the required occurrence limit. Prior to accessing the Property under this License, Licensee shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured's as respects each of the following: Liability arising out of activities performed by or on behalf of Licensee, including the insured's general supervision of Licensee; products and completed operations of Licensee; or automobiles owned, leased, hired, or borrowed by Licensee. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, or agents. 5. Indemnification. Licensee shall indemnify, defend (with counsel acceptable to Owner), protect and hold . harmless Owner and its directors, officers, employees, shareholders, members, partners, lenders, agents, representatives, contractors and each of their respective successors and assigns and Owner's affiliates and members (collectively, "Owner's Parties") from and against any and all claims, demands, judgments, actions, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees and court costs), whether based on personal injury, property damage, negligence, nuisance, trespass, or pollution, arising at any ti me during . or after the Term as a result (directly or indirectly) of or in connection with Licensee's access or use of Owner's Property pursuant to this License, or the conduct of Licensee's activity, work or things done, permitted or suffered by Licensee in or about O wner's Property pursuant to this License, except to the extent caused by Owner's negligence or willful misconduct. The obligations of Licensee under this Section 4 shall survive the expiration or earlier termination of this License. 6. Termination. Notwithstanding the provisions of Section 1, above, this License may be terminated by Owner "at will" and for no cause. No termination hereof shall release Licensee or its respective successors or assigns from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events occurring prior to the effective date of such termination. 7. Surrender. Upon expiration or earlier termination of this License, Licensee shall remove all Licensees' personal property. Except for the improvements or work identified in this License, Licensee shall clean, repair and restore Owner's Prop erty to the same condition as existed prior to Licensee's entry thereon. 8. Term. This License shall expire on July 1, 2012. City of San Juan Capistrano Karen P. Brust, City Manager APPROVED AS TO FORM: go Omar Sandoval, City Attorney San Juan Capistrano Open Space Foundation Print Name: Title: 3 March 10, 2011 Honorable Mayor Sam Allevato Members of the City Council San Juan Capistrano City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Dog Park Improvements Dear Mayor Allevato and Members of the City Council: The San Juan Capistrano Open Space Foundation was established as a non-profit 501(c)(3) corporation in 2009. Its primary purpose is to increase public awareness of open space within San Juan Capistrano through active participation in the preservation, enhancement and stewardship of open space, seek volunteers to assist the City in the maintenance and improvements of open space, and to raise funds for specific public benefit projects within the open.space areas. As you may know, the Board of Directors of the Foundation has established a list of priority projects to help facilitate improvements to and utilization of City open space. Recently, the City Council granted the Foundation a license to undertake its first project which involves installation of certain public benefit improvements to the Northwest Open Space area. The Foundation is working actively to complete these improvements by the end of August. The Foundation is now ready to pursue its next priority project by assisting the City with improvements that have been planned by the City for the proposed Dog Park site. Currently, these improvements are part of the City's Capital Improvement Program and the City has applied for grant funding for construction. The Foundation has reviewed the City's preliminary improvement plans with staff and is prepared to undertake the construction of first phase improvements at no expense to the City. Based on City estimates, this will constitute a savings to taxpayers of approximately $430,000 As in the case of the 2C Ranch and Northwest Open Space improvements, the City will be responsible for the ongoing operation and maintenance of the facilities to be provided by the Foundation. The Foundation's ability to fund this project is the result of a generous donation from CARE (Capistrano Animal Rescue Effort). One contingency of the CARE donation is that the funds be used, in part, to construct a monument sign which identifies the facility as the Dr. Joe Cortese Dog Park. The remainder of the improvements will be funded through donations including the provision of donated services. 31601 Avenida Los Cerritos, Suite 250 a San Juan Capistrano, California 92675 ® 949,374,1800 R&F—ANNOWTM Dog Park Improvements Page 2 In order to facilitate the initiation of this effort, the Foundation requests that the City Council direct staff to take the following actions to authorize the issuance of a license to the Foundation that would enable it to provide first phase improvements: 1. Remove the Dog Park project from the City's CIP program 2. Refer design plans to the Open Space, Trails and Equestrian Committee for review and comment 3. Authorize the waiver of fees including those associated with permits, inspections and water storage capacity charges 4. Return to the City Council with an executable Site Access License within 90 days The Foundation's implementation of this project will be led by Tim Neely. Please feel free to call either of us if you have any questions. We look forward to addressing the City Council on the Foundation's proposal at the next City Council meeting. Very truly yours, Brad Gates President 31601 Avenida Los Cerritos, Suite 250 9 San Juan Capistrano, California 92675 a 949.374.1800 32400 FAat=a AM.LANTO MUM902 OT T"F CITY COUNC[L SAN JUAN CAPIS` RANO, CA 92675 ALL t tarca (949) 485-1171 u () 49a -10S3 FA7(s 4 �i�ar9�at[e LAR3 tsrasut�%� t961 LARRYtKAiR www. sev?juancaptstrano. aeg 1776 _ JOHN TAYLOR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, October 4, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Approval of a Permit Fee Waiver and Site Access License for the "San Joan Capistrano Dog Park" Improvements at the Northwest Open Space (CIP 10201) (Urgent Strategic Priority No. 3(2))" — Item No. D13. 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 12:00 p.m. on Monday, October 3, 2011, 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 David Contreras, Senior Planner. You may contact that staff member at (949) 443-6320 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.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: cit clerk san'uanca istrano.or . Maria Morris, CMC City Clerk cc: Tim Neely, Tom Ostensen, Brad Gates San Amm ( is-!rono" j the r` t . 'n€ anve the fi'un--&e