11-1004_OPEN SPACE FOUNDATION, SJC_Site Access License & Asmt & Assump AgrSECOND AMENDMENT TO
SITE ACCESS LICENSE AND ASSIGNMENT
AND ASSUMPTION AGREEMENT
FOR DOG PARK CONSTRUCTION
THIS SECOND AMENDMENT TO THE SITE ACCESS LICENSE ("License") is
granted as of the 15th day of January, 2013 to the SAN JUAN CAPISTRANO OPEN
SPACE FOUNDATION, INC., a California non-profit corporation ("San Juan Capistrano
Open Space Foundation") and SJCOSF DEVELOPMENT, INC., a California corporation
("Development, INC.), (collectively, "Licensee") by the City of San Juan Capistrano, a
municipal corporation ("Owner").
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") which has been
amended from time to time; and,
Whereas, the San Juan Capistrano Open Space Foundation has partnered with
a general contractor and formed SJCOSF Development, Inc. to obtain a general
contractor's license to obtain building permits and comply with local and state
regulations for construction of the project which will assume the obligations of SJCOSF
Development, LLC; and,
1. SJCOSF Development, LLC hereby assigns all of its rights and obligations
under the Site Access License to SJCOSF Development, Inc.
2. SJCOSF Development, Inc. hereby assumes all of SJCOSF Development,
LLC's rights and obligations under the Site Access License.
3. City hereby consents to the assignment and assumption set forth herein.
4. The Site Access License is amended to provide that the Northwest Open
Space may be closed by licensee for a period of 30 work days to allow
grading and construction of the project.
[SIGNATURE PAGE FOLLOWS]
Maria Mbrris, pity Clerk
Appras t form:
By:
ans Va igten, City Attorney
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on January 15,
2013.
San Juan Capistrano Open Space Foundation,
Inc., a California non-profit corporation
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SJCOSF Development, LLC.,
a California corporation
Name: L+ G4im-r
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SJCOSF Development, INC.,
a California corporation
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APPROVED BY:
CITYtOF,SAN JUAN CAPISTRANO
By:
App r/9 I as t form:
By: I
ans Va igten, City Attorney
ON
��.21U 1/15/2013
DD13
City of San Juan Capistrano
Agend port
TO: Karen P. Brust, City M
FROM: Grant Taylor, Development Services Director
Prepared by: David Contreras, Senior Planner -4)0,
DATE: January 15, 2013
SUBJECT: Consideration of Approval of a Second Amendment to the Site Access
License for the San Juan Capistrano Open Space Foundation and
SJCOSF Development, Inc.'s Proposed Construction of the "Dr. Joe
Cortese Dag Park" located at the Northwest Open Space (CIP
10201)(City Council Urgent Strategic Priority).
RECOMMENDATION:
By motion, approve a second amendment to the Site Access License to the San Juan
Capistrano Open Space Foundation and SJCOSF Development, Inc. to allow access to
the "Dr. Joe Cortese Dog Park" located at the Northwest Open Space to construct the
proposed Dog Park and parking improvements.
EXECUTIVE SUMMARY:
On December 5, 2012, the San Juan Capistrano Open Space Foundation (OSF)
submitted their contractor's license number and verification. The contractor is SJCOSF
Development, Inc. and will be the lead contractor for the construction of the Dog Park.
Staff has revised the Site Access License to reflect the party responsible for
constructing the project. This amended license clarifies and provides the provisions
necessary to allow the SJCOSF Development, Inc. to construct the park improvements
(Attachment 1).
DISCUSSION /ANALYSIS:
Although the license was amended on July 17, 2012 to extend the term to December
31, 2013, the attached amended license clarifies and provides provisions specific to
SJCOSF Development, Inc.
FISCAL IMPACT:
Not applicable.
City Council Agenda Report
January 15, 2013
Page 2of2
ENVIRONMENTAL IMPACT:
On January 10, 2012, the Planning Commission adopted the Mitigated Negative
Declaration and forwarded a recommendation for approval of CIP 10201 to the City
Council, finding that the proposed park improvements are consistent with the General
Plan and with the Open Space Master Plan.
On March 20, 2012, the City Council approved the final improvement plans for the
project and concurred with the Planning Commissions adoption of the Mitigated
Negative Declaration.
PRIOR CITY COUNCIL REVIEW:
• 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 Dog Park.
On June 5, 2012, the City Council approved an amendment to the License to
include a hold harmless provision and to include the OSF's contractor which is
the SJCOSF Development, LLC. The amendment inadvertently did not include
an amendment to the term which expired on June 1, 2012. The OSF and
SJCOSF Development, LLC continue to gather donations for the construction of
the Dog Park.
• On July 17, 2012, the City Council approved a revised Site Access License that
extended the term to sunset on December 31, 2013. The new term provided
additional time for the OSF and SJCOSF Development, LLC to gather sufficient
donations to construct the park improvements by December 31, 2013.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Brad Gates, President of SJCOSF
Dick Paulsen, Vice -President of SJCOSF
Tom Ostensen, Member of SJCOSF
ATTACHMENT(S):
Attachment 1 — Site Access License
SECOND AMENDMENT TO
SITE ACCESS LICENSE AND ASSIGNMENT
AND ASSUMPTION AGREEMENT
FOR DOG PARK CONSTRUCTION
THIS SECOND AMENDMENT TO THE SITE ACCESS LICENSE ("License") is
granted as of the 151h day of January, 2013 to the SAN JUAN CAPISTRANO OPEN
SPACE FOUNDATION, INC., a California non-profit corporation ("San Juan Capistrano
Open Space Foundation") and SJCOSF DEVELOPMENT, INC., a California corporation
("Development, INC.), (collectively, "Licensee") by the City of San Juan Capistrano, a
municipal corporation ("Owner").
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") which has been
amended from time to time; and,
Whereas, the San Juan Capistrano Open Space Foundation has partnered with
a general contractor and formed SJCOSF Development, Inc. to obtain a general
contractor's license to obtain building permits and comply with local and state
regulations for construction of the project which will assume the obligations of SJCOSF
Development, LLC; and,
1. SJCOSF Development, LLC hereby assigns all of its rights and obligations
under the Site Access License to SJCOSF Development, Inc.
2. SJCOSF Development, Inc. hereby assumes all of SJCOSF Development,
LLC's rights and obligations under the Site Access License.
3. City hereby consents to the assignment and assumption set forth herein.
4. The Site Access License is amended to provide that the Northwest Open
Space may be closed by licensee for a period of 30 days to allow grading
and construction of the project.
[SIGNATURE PAGE FOLLOWS]
1
ATTACHMENT 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on January 15,
2013.
APPROVED BY:
CITY OF SAN JUAN CAPISTRANO
By:
John Taylor, Mayor
Attest:
Maria Morris, City Clerk
Approved as to form:
By:
Hans Van Ligten, City Attorney
San Juan Capistrano Open Space Foundation,
Inc., a California non-profit corporation
By:
Name:
Title:
SJCOSF Development, LLC.,
a California corporation
By:
Name:
Title:
SJCOSF Development, INC.,
a California corporation
By:
Name:
Title:
2