11-1004_OPEN SPACE FOUNDATION, SJC_Site Access License First Amd FIRST AMENDMENT TO
SITE ACCESS LICENSE
FOR DOG PARK CONSTRUCTION
THIS FIRST AMENDMENT TO THE SITE ACCESS LICENSE (the "First
Amendment") by and among the CITY OF SAN JUAN CAPISTRANO, a municipal
corporation ("Owner") and SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION,
Inc., a California non-profit corporation ("San Juan Capistrano Open Space
Foundation") and SJCOSF DEVELOPMENT, LLC, a California limited liability company
("SJCOSF Development, LLC), (collectively, San Juan Capistrano Open Space
Foundation and SJCOSF Development, LLC are hereinafter called "Licensee") is made
and entered into, to be effective the 5th day of June, 2012, as follows:
RECITALS:
WHEREAS, Owner and the San Juan Capistrano Open Space Foundation as the
original Licensee entered into a Site Access License dated and effective as of October
4, 2011, for the construction of the San Juan Capistrano Dog Park in the City's
Northwest Open Space, Phase 2 area (the "Site Access License"). The Site Access
License and the First Amendment shall be referred to collectively herein as the
"License"; and
WHEREAS, the San Juan Capistrano Open Space Foundation has partnered
with a general contractor and formed SJCOSF Development, LLC to obtain a general
contractor's license to obtain building permits and comply with local and state
regulations for construction of the project; and
WHEREAS, the parties want to add SJCOSF Development, LLC as a licensee
under the Site Access License.
FIRST AMENDMENT:
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein and in the License, Owner and Licensee agree to amend the Site
Access License, as follows:
1. SJCOSF Development, LLC is hereby added as a Licensee under the Site
Access License and all provisions applicable to "Licensee" shall equally apply to
SJCOSF Development, LLC, except that only the San Juan Open Space Foundation
shall be liable for payment of all project costs related to the construction of the
improvements for the San Juan Capistrano Dog Park in the City's Northwest Open
Space, Phase 2 area to be constructed under the terms of this License.
2. All other provisions of the Agreement not amended hereunder shall
remain in full force and effect.
I
858643.1
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32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO.CA 92675 A
(949)493 L
1171 /�i AATO
(949)4931053 FAX . !' ►II�►1O1t1 AURAFRERAFREESE
w»ns:sar'yuancapistrano.org 1776D6 1961 RRKREEVER
DEREK REEVE
• • "N TAYLOR
TRANSMITTAL
TO:
San Juan Capistrano Open Space Foundation
Attn: Brad Gates, President
Hand Delivered
DATE: June 12, 2012
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE: First Amendment to Site Access License for Dog Park Construction
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
the agreements. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact our Development Services
Department at (949) 443-6325.
Enclosed is an original agreement for your records.
Cc: David Contreras, Senior Planner
San Juan Capistrano: Presen►ing the Past to Entrance the Future
`^, Pnntod On 100%tmvc Cpow
Kristen Lewis
From: Kristen Lewis
Sent: Tuesday,June 12, 2012 4:42 PM
To: David Contreras
Cc: Christina Gomez•,Ayako Rauterkus;Christy Jakl (cjakl@sanjuancapistrano.org)
Subject: First Amendment to Site Access License for Dog Park Construction
Attachments: First Amendment to Site Access License for Dog Park Construction.pdf
Hello David,
Attached is your copy of the First Amendment to Site Access license for Dog Park Construction.
Thank you,
Kristen Lewis
City Clerk's Office
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6308 fax (949) 493-1053
1
CITY CLERK'S DEPARTMENT- ACTION REMINDER
TO: David Contreras, Senior Planner
FROM: City Clerk's Office DATE: May 1, 2012
SITUATION: t 0 CC,
At their meeting on Octoberj•�/2011, the City Council of the City of San Juan Capistrano
approved a Site Access Lice hse agreement with the Open Space Foundation to construct a
Dog Park and related parking improvements on Owner's property located at the Northwest
Open Space, Phase 2 area.
ACTION REQUESTED:
The Agreement shall commence on the effective date and shall terminate, and all services
required hereunder shall be completed no later than June 1, 2012. ("The project manager
will need to amend the Agreement if services are to continue after June 1, 2012')
Please notify this office if agreement will be extended or is complete.
ACTION TO BE TAKEN:
DATE WHEN NEXT ACTION (S) SHOULD BE Tt
entCv1(V I
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 0S/152012
Deadline Date: 06/01/2012
CC. Grant Taylor, Development Services Director, Ayako Rauterkus, Management Analyst
(600.30/0penSpaceFoundation-Dog Park)
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Kristen Lewis
From: Maria Morris
Sent: Tuesday,lune 12, 2012 4:48 PM
To: bgates@cox.net
Cc: Christy 1akl; Kristen Lewis
Subject: Amendments to the Site Access License(Dog Park& Lemon Grove)
Attachments: First Amendment to Site Access License for Passive Park Design and Construction.pdf;
First Amendment to Site Access License for Dog Park Construction.pdf
Good afternoon Brad,
Attached are copies of the Amendments to the Site Access License. Your original
copies are ready to be picked up next time you're in City Hall.
Have a good evening!!
Maria Morris
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6309
(949) 493-1053 - Fax
6/5/2012
AGENDA REPORT D9
TO: Karen P. Brust, City a 7
FROM: Grant Taylor, Development Services Director
SUBJECT: Consideration of Approval of a First Amendment to the Site Access
License for the San Juan Capistrano Open Space Foundation and
SJCOSF Development, LLC for the Proposed Construction of the "Dr. Joe
Cortese Dog Park" Improvements at the Northwest Open Space (CIP
10201)(Urgent Strategic Priority: East and Northwest Open Space-
Dog Park)
RECOMMENDATION:
By motion, approve a First Amendment to the Site Access License with the San Juan
Capistrano Open Space Foundation and SJCOSF Development, LLC.
SITUATION:
On October 4, 2011, the City Council granted a Site Access License to the San Juan
Capistrano Open Space Foundation (OSF) to allow access to the Northwest Open
Space to construct the Dr. Joe Cortese Dog Park. Recently, the OSF requested an
amendment to the license to include a hold harmless provision and to include the OSF's
contractor which is the SJCOSF Development, LLC (Attachment 1, Amended Site
Access License).
BACKGROUND:
On October 4, 2011, the City Council granted a Site Access License to the San Juan
Capistrano Open Space Foundation to allow access to the Dog Park area at the
Northwest Open Space to construct the proposed Dog Park and parking improvements.
The Council also granted 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 Dog Park improvements.
On March 20, 2012, the City Council approved the final improvement plans for the Dr.
Joe Cortese Dog Park located at the Northwest Open Space and authorized staff to
provide final improvement plans to the San Juan Capistrano Open Space Foundation
(OSF) to commence construction. Staff is waiting for the OSF to submit a construction
schedule.
Agenda Report
Page 2 June 5 2012
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
As directed by the City Council, the project was previously reviewed by the Parks,
Recreation and Senior Services Commission; the Open Space, Trails & Equestrian
Commission; the Utilities Commission; the Design Review Committee, and the Planning
Commission.
FINANCIAL CONSIDERATIONS:
The proposed revision to the Site Access License does not result in any additional direct
project costs to the City.
PUBLIC NOTIFICATION:
Public notification has been provided through posting of the meeting agenda on the
City's website and notification of the OSF Board members including Brad Gates, Dick
Paulsen, and Tom Ostensen.
RECOMMENDATION:
By motion, approve a First Amendment to the Site Access License with the San Juan
Capistrano Open Space Foundation and SJCOSF Development, LLC.
Respectfully submitted, Prre�eVVep�p))ared by,
rantrant T� Davirera�
Development Services Director Senior Planner
Attachments:
1. Amended Site Access License
FIRST AMENDMENT TO
SITE ACCESS LICENSE
FOR DOG PARK CONSTRUCTION
THIS FIRST AMENDMENT TO THE SITE ACCESS LICENSE (the "First
Amendment") by and among the CITY OF SAN JUAN CAPISTRANO, a municipal
corporation ("Owner") and SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION,
Inc., a California non-profit corporation ("San Juan Capistrano Open Space
Foundation") and SJCOSF DEVELOPMENT, LLC, a California limited liability company
("SJCOSF Development, LLC), (collectively, San Juan Capistrano Open Space
Foundation and SJCOSF Development, LLC are hereinafter called "Licensee") is made
and entered into, to be effective the 5th day of June, 2012, as follows:
RECITALS:
WHEREAS, Owner and the San Juan Capistrano Open Space Foundation as the
original Licensee entered into a Site Access License dated and effective as of October
4, 2011, for the construction of the San Juan Capistrano Dog Park in the City's
Northwest Open Space, Phase 2 area (the "Site Access License"). The Site Access
License and the First Amendment shall be referred to collectively herein as the
"License"; and
WHEREAS, the San Juan Capistrano .Open Space Foundation has partnered
with a general contractor and formed SJCOSF Development, LLC to obtain a general
contractor's license to obtain building permits and comply with local and state
regulations for construction of the project; and
WHEREAS, the parties want to add SJCOSF Development, LLC as a licensee
under the Site Access License.
FIRST AMENDMENT:
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein and in the License, Owner and Licensee agree to amend the Site
Access License, as follows:
1. SJCOSF Development, LLC is hereby added as a Licensee under the Site
Access License and all provisions applicable to "Licensee" shall equally apply to
SJCOSF Development, LLC, except that only the San Juan Open Space Foundation
shall be liable for payment of all project costs related to the construction of the
improvements for the San Juan Capistrano Dog Park in the City's Northwest Open
Space, Phase 2 area to be constructed under the terms of this License.
2. All other provisions of the Agreement not amended hereunder shall
remain in full force and effect.
1
858643.1 - ---
ATTACHMENT 1
3. This Agreement may be executed in several counterparts, and all such
.executed counterparts shall constitute the same agreement. It shall be necessary to
account for only one such counterpart in approving this Agreement.
[SIGNATURE PAGE FOLLOWS]
2
858643.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
June 5, 2012.
San Juan Capistrano Open Space
Foundation, Inc., a California non-profit
corporation
By:
Name:
Title:
SJCOSF Development, LLC,
a California limited liability company
By:
Name:
Title:
APPROVED BY:
CITY OF SAN JUAN CAPISTRANO
By:
Larry Kramer, Mayor
Attest:
Maria Morris, City Clerk
APPROVED AS TO FORM:
By:
Omar Sandoval, City Attorney
3
858643.1
7
32400 PASEO ADELANTO i/i MEMBERS OFIHECITY COUNCIL
MALLEVATO
SAN JUAN CAPISTRANO,CA 92675
(949)4931171 �l� s URAFREES
�./ n[oveu[n LAURAFREESE
(949)4931053'FAx • uum[u� 1961 LARRrKRAMER
www,sanjuancapistrano.org 1776 DEREK REEVE
• 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, June 5, 2012,
in the City Council Chamber in City Hall, to consider: "Consideration of Approval of a
First Amendment to the 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))" — Item No. D9.
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, June 4, 2012, 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.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
cityclerk@sanjuancapistrano.ora.
Maria Morris, CMC
City Clerk
cc: OSF Board members: Brad Gates, Dick Paulsen, and Tom Ostensen.
San Juan Capistrano: Preserving the Past to Enhance the Future