Loading...
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 r r , }.. � � .` f� �' �t.f I j�'� I �a I`- ' f r r - li! -. w it �-, ,.I'i I�/ {{ �� l. � ,.. I': 'ti' I I•.. �.' �" a �,� ,- _ i�'. � � e.: �•• ,•" � r .i 1 'i'; �' - \{ � � �� .�� •Irl rl 11 ull t/f _.` l���� \;��y �t �..J � � . j- - R r ' � ' r` i� r ,, 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) r i1 t•w t .r• , - 'i7•f"�1'" ra, :i�• ''r'• `7:5 � 5."+ . �11.,1'i i.�lS:ki"Ey'fr62.:`14�.�c.�4......'_.,.12•.`.1:•�1�;1'1: ..-.........}� ''r.'._`:.:r:.'' �..-. .'? - �i7:1'Si��iit i•'�t�f•i=7 i�..1 , ...,.:3Yiei1�."� ii3°•.;'j�..J .<. fY , ...•ilf ,! Vf-1:�� ,...�'i9:��;.� _:.:i t.S ....:+ki !a"'ice' ...�i:�2�?.. 1;:1.2r": til, .... i: .•,:1't. ''iF;i', i:: '•=j�:"f :'s�? �Ci ft,iili;fa�,� l ��.i i�i of !il<< ,i •k"';�:• 'i•.�...+ ti%' ;ifilttJ:'i:i� i'+ :i1" }:`-� it 1 ,i � 10 ,F.7 °� (A'4' .�.. JY :a. 7(wj ,:�/S? ti"' ++ h•°�•.:1� �r jt.';t... 9...y.. f. LI.� '1 .' 1.r,Jt,•-�•,. .. .t.Jl.. a . . iet:1 le.. 3.. 1- CI ,.2:., Ii{':�..7'. w�. )t. .✓':.�+:'! le:.' i {.%. .�I�tti: e. {•.! �.. 11 , -.{ 1C •e`• "f �'' ;:I i F:�:'.-•-r,;:1. 1: , -' S`. r,, v".j: tC.' �!;S' !}•i�i`'1 {:+.:1: 22%�=S'-7. ., .:Ii�. r.2 .��:7�.Yti'r Yt i:J�;�._{�; is y:�.• I � ✓.:) .'".•L_. :i i�1 �.S i 1. v .7..7iJ t iJ r. 2 {.. ..,1�: .:.;?' �}'�1i�,. ��{.!� •r' :t ' ��'.r, :.,,- j' ..:?"':)T;i' ((�:a iIi`aeli: i:i "C'^'., ..�r. _ •�' .i,tEAL /lY.:SYi 1;311 i�. Fl•. l o(ii(I!1:i fi fr. de 'i.'t.>S' n:1ii �1t' J.eE /`• .�,�•,)•�t�; s{ y. i 1 r•. rt•1 ; e 1 jr•/:Y•..1 �.1q j'S 1: •' `, r �' . (� i . . .. .! ,:1l1,. �%•./(. �yalriSisiU.' 1fl ;1'a �..,..•� !°�4' {� :1•!.<•S .`.�••,• t.. t. Y�.i? d...J�ai�le: L..f fetid:lfi I.fe7Yr 0.) r^,i tC^. �:71biJ' sC "I N +it;. :i `� tV•rr'1i sfiijl�f; ;�c€::){C1 Wµ:},.J.ti f♦; •. FA`.a - --•-- — '"---.-_._.---------..__._...-,__r_..__..__`.,. .,.... '?� ".1�[� i;•''.Y}:-ii.l.. ., ib2a..: ��f '3r �.2.•7•�:•;�l:r'i%� 1 '.+{';,c-!'.:•\ :•iti'.eC�`t:i{1:•`:, ;t. .l;;'. i _ tnY• .•,f'.'.:.�i�i:.i �S'""1lV'+:�'. �!' /Eit.i: J � .�`71`,�ni 1 'lili)i:•1 ,;J , i•1'V`t -IUJi:L:1:R is�`v....:'.)L7i.j,'_.tic...\�_'��:. ,,'��r�� 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