Loading...
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 By: " d,'i>a— Name: J5fo d lW G Cr+7r1 Title: 4e,� SJCOSF Development, LLC., a California corporation Name: L+ G4im-r Title: ky—'de T- SJCOSF Development, INC., a California corporation By: /f Yak Name: Title: /.vsrnPf''I 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