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11-1206_JUANENO BAND OF MISSION INDIANS_Election CertificationElection Certification January 19, 2013 AadEwnyRivetn,t�tairpetaoo Hom: EleodanCammittee • ElectionRemb fmEleo4ion Cbmmitto is ha*cmgfying t m Weetord pmomsas it o=wTed on January 19.3013. The electoral slate and tesulty ore as follow Thdrpemca Aatttary Rkwa Tem7temem VkO C.hoigW= *qua= Naaez Anthony %togim vfwmb a Yorba Seae my KimhaiyLeoae TTWW rer MON Yoft . Manbea-at-.arga Udd Ambo ShMUM Dela Tarm Joseph i.oprs H"Pe= Cecelia Martian . Rutwe SIOIN masnhent offt l i Mmn Committee cutify the er kcti& wen; canducted by the emis and principles 11med uponby dte7fa1 Cauamland 11BElootimtCaamdttee. 7bcAcjecha=Cor4tittdion defined thebas6 Ibrilteconducid' Am of 2013. RAqncffuUy. J r4 AM��7tr1►7rttr.�/ ec oa ommitt Chair Elele6 Cq�imitur., m � ©woonCam�u'dtee,Memba eotitm Member Eleadon Pomnn M , Bl on ir ec cm Cammittee, Member Election Comnnttee; der Election Commitlee.Member 3 JUANOANNI NAURECmi CERTIFICATE OF LIABILITY INSURANCE TMS CERYDMATE M ISSUED As A MATTER OF NPOnaul opIT AIM CDNPEna no IOMne DADS nM CNFw,:ITO"MuLTM- TE � CERTIPICADaae NOT AIFMRY FATIVOE 11i'l ELV ArOOM, DICTION) DA ALTER n1a COVERAGH AFFORMO aV INF Pampas avow. TXM CEATIPMATa OF UOUTANCE DOES NOT G)NarNTUIE A CONTRACT RE1WaO! 1HU IP.EDN¢IIMURa0p1, AVTNDpODIp ReFftis TAm On PpOODCan. Alp THE CERmeme Howsm. ' 1 _ OIPDINANF 11Nt tubi MlidNl In urMGMWLMEM6,Ihu yy,Fprcl mnt Oe mRrt�c i�tlITN0VAl1[gi IY WM1NrT, eNlull+'I Mr WAS. 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All llphle mnvpa. n�unu as lTole1451 I AV AUU"O MOW m,Y WOO Ne rrMrlarW mnlpP MADDED Pl]LiCY NIf1d8t NN1sQaSs C01AVA RCIAL 61114MU . LIMILITY • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL QidBl:lRSD - (PRIMARY AND NowcoNTR1B aroyl This erularsemog n►OOM lnsuranae proufded rrrafer the lodow6rtg: COAIMERGfALGENM LfADMITY COVERME PART SCI EOULE Wave of Addlifonal hlaured Parson(s) or Oisunluetfonlsl: 7112 CITY OF 80 DUAN CIPISCRANO 32400 PASBO AM =@ SAN JUAN CAPTSnXID. CA - 92678 Locstion(s) of Caven dt Operollona: 31411 A. Iss Halamea StCoot BAN JUAN CAPrSTOM CA 92676 - Description of Wath Performed for the Addidonel Inured: A. Bediou Il -Who Is Ad insured Is onianded to include as an adomw tnsarred Cue p mums) ororgar&BUori(e gown in the Sd , bW anfy araRlr raapent to uebRtty for 'may In�sy', '�raaperty deraaga' ar•'pamonal and adveaing rrpay' aeuaed. In whole or hr pert, by: 1. Your acts or omholo ; or L The scla or wisMona of Own aft an your boleti; In the perfan wm 01 year oNdW ap@rdtiona for the arsdMmd insured at die low1 an(s) clu%nated to the Bdle te. btd only far oinwences cr CoveMM ttol aftwise excluded In lho poffq to which This Badornmal sppites. IL With rasped m tha lnswsm efforded to the eddidanal snowed, the t dwt&o eddrhonal aniuslorus apply: thls t mmue does rad apply to 110 ft 110M or'jnoparly damage` cccurdrG after. . 1. A0 work. Qsc%dg matarWa. poria or e44pawnt fuurdslud In cu awdian wttn sums wark on the ptga i (other than sefts, n irdert ICe or repairs) to he aw mmd by or an balsa of the addtlotel hwjmw afft Imlion of lite covered aperalforss his been emplelad at 8. Thal portion ofWrwarlr oul of when Uw gquiy of damp uiwas nos oau put w .is erdrunieo uds by any paMm or wgitift1don clriw Ilan minthar tMtmckw n suba:rmuclar engaged ht oerfbmUng operations for a pMdpW a pad of Ilia an pawed G. Tlau IoBo►vieg � added to da. of Qlltse Grsurattaa o! 8oetian IU • 4on:morctel tienseal LIeblRtp ctanditlons: U ra4uhed L1 a wr(ltan contract, yaw poky is primary and rad omr(bulary In the everd of on occurrence aouosd, in whois or h pal, by your ads or ombsWo, ar die ads or omisglera of droou acgng an your balatr 90 GCOM a W1118Psdomtdip ongdAg oparollone for Iha sdddlonal pisarrad el due htcallon(e) deg"ed In tiro AlSchedul ON tsrnia and eondidons of WS palmy rentaln unchanged. LVA Cant) evl+daamrgaShtalasmerialdbuuettaa►8enrtraClEOa.fne vAblhramkft Secretary of Slate 16001w Btfeet. Sw Flooa BMWs$ Programs Dlvisioss BUMMento, CA 85614 ANTHONY RIVERA# JR JUANENO BAND OF MISSION 31411-A 6A HATANZA ST. SAN JUAN CAPISTRANO CA RE: Notice of Revivor Entity Humbert. Entity Name, ' INDIANS 92675 CIBBOO19 JUANEND BAND OF Effective Dates 01/30/2013 Business Entities 1916) 6576448 January 30, 2013 MISSION INDIANS The above -referenced entity's powers, rights, and privileges were suspended/forfeited in California by the -Secretary of State for failure to file the required Statement of Information. The entity has filed the required statement and therefore has been revived. The entity is now in good standing with the California Secretary of State as of the effective date shown above. For more information, go to www.leginfo.ca.eov/calaw.html and see California Corporations Code sections 1902, 2117, 2205s 22069 3006.6, 6210, 8210, 9660, 17060, or 176541 California Civil Code section 1363.6; California Financial Code section 14101.61 end California Food and Agricultural Code section 54040. Please notes You may wish to contact the Board regarding possible penalties and/or California Franchise Tex Board recommends contact information at www.ftb.ce.gov. Business Programs Division Name Availibility Unit r.�erorou„ �o,s 6 California Franchise Tau taxa requirements. The using their website for • JuaneRo Band of Mission Indians, Acjachemen Nation Semi -Annual Performance Report for the City of San Juan Capistrano July to December 2032 Activities Monthly Open Tribal Council Meetings (3) Bhwe ft Elder Meoftp (101 Annual Reunion in August (11 Thank WngCelebration In November (1) Holiday party in December (1) Numberatcitirens mcelfthangfibimmagWkIrs Approximate average f0 City of residence of s served San Juan Capistrano '•j Mission Viejo San Clemente Dana Point Ladera Reach Chino Hills Vista Oceanside Anaheim Santa Ana Aoaft Maintenance {None 'total Revenue received for reeportin rind 2102.88 Jut 2AS4JXI .00 SB ember 2.13 Octolmr November December 9 93936 6 Month Tata! From donations. rattles. and mambershio dues tTSR) 7 LICENSE AQREEBIiEidi Thls•License Agreement to made this a day of December 2011, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the Juanen`o Band of Mission Indians, a nonprofit corporation (hereinafter "Licensee"). RECITALS: WHEREAS, Licensee desires to utilize for Tribal Headquarters purposes a portion of the Lacouague Buitding, which is a pardon of the Old Fire Stadion Recreation Complex, located at 31411 La Matsnza Street; and - WHEREAS, City desires to make available such facility to Licensee far such purposes on a temporary basis under the terms and .conditions set forth in this agreement. NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND LICENSEE AS FOLLOWS: Section 1. GBOQf License. Chy. hereby grants a license to Licensee for the purpose of allowing Licensee to utilize a portion of the Lacouague Building for Tribal Headquarters purposes only. The portion of the Lacouague Building, which Is the subject of this License grant, Is specffioally+ described in the Site Plan attached as "Exhlbite", incorporated herein by reference. Under this License Agreement, Licensee has the right and sole dIsc radon to deal with and manage members of the public who enter upon the premises occupied by Licensee. Licensee represents that it is recognized by the Slate -of Callfomle as a 601(o)(3) Not for-ProM organization. Licensee understands that He nonprofit status is a substantial inducement for City to grant this License: Licensee agneas to maintain its nonprofit status as a condition of this License. Failure to maintain this nonprofit status shall be considered a breach of this License subject to the termination provisions provided for in Section 12 herein. ATTACHMENT 2 err Licensee may not utilize the property for any other uses than those specltfcaily set forth in Exhibit B, incorporated herein by reference. =. =iii •1.. =i The temp of the License Agreement will be for a tern of one (1) year from the effective date of this Agreement. The Agreement may be extended for up to a maximum of one (1) additional year, upon the mutual written agreement of both parties. In addition, Licensee Is hereby granted a 90 -day hold -over period with respect to the term wherein Licensee may. remain upon the property for up to 90 days to accommodate any need Licensee may have to transition to.another property. The monthly reimbursement will be required during this holdover period. Section 4. Utilities. Licensee • shall be responsible for the cost of all utility services required In conducting business within the building space authorized under this Agreement. Gas. water and electrical fees are part of the monthly maintenance fee of Licensee. Telephone/Television/Cable Television or Internet Services: expenses related to any and all of these services are the sole responsibility of Licensee. Licensee shall be responsible for opening/cibsing facility for Installation, repairs, and/or removal of these services. City staff will not most vendor for delivery, installation, repair, or removal appointments. Section 5. No License Constden on. Licensee shall not be required to pay a license consideration for the privilege of utOWng property described In Exhibit A. Section.6. Use of La Sala Auditorium. Licensee agrees and understands that City reserves the right to allow groups and individuals to utilize the adjacent meeting room. Licensee shall submit a facility use application to the Community Services Department for use of La Sala Auditorium. Licensee has permission to use this room only when in possession of a C*approved facility use appllcation'and no more than 20 persons In attendance. During the term of this agreement, usage fees will be required when Licensee requests use of City facilities other than Room M. Licensee's use of other City. facllltles, .2- including La Sala Auditorium, shall be charged at the non-profit rate listed in the City's fee resolution schedule, which has been adopted by City Council action. Section 7. Maintenance,fteoalrs. and Imoroveme (a) B21mbuM2ment for City Maintenance and Utilitles. Licensee shall reimburse'City in the total amount of nine hundred ninety-two dollars ($992) per month, which Is equivalent to $.80 per sq. ft. This amount shall consist of a reimbursement portion for landscaping and building hardscape maintenance services provided by the City, electricity, water, natural gas usage and other City related costs. This reimbursement shall be made payable to City in advance of the first day of each month. The check is to be made payable to the City of San Juan Capistrano. The monthly reimbursement shall be submitted directly to the Community Services Department located at the Community Center. If the premises are unusable due to damage or destruction, the license fee shall be abated until the use of the designated space Is restored. (b) Restoration Regulrement, City retains the right to require that Licensee restore building site to its condition prior to Licensee's occupancy when Licensee vacates the premises. if Licensee does not restore the premises to the original condition upon vacating premises, Licensee will be provided (within thirty [30] days of vacating) with a written explanation of restoration expenses, along with an invoice for these expenses. Ucensee must pay this invoice within sixty (60) days of postage date. Further, any damage resulting from use of facility shall also be corrected at Licensee's expense. (c) Repairs ang Damages. City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related Improvements, providing that the, damage to be repaired has not been caused directly by Licensee's use of the premises. City shall accept responsibility for the following items: Exterfor painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, plumbing. (d) Custodial Reswasibilities. Licensee shall be responsible for all arrangements and costs to provide custodial service to .Room N. City shall be responsible for all arrangements to provide custodial service for the restrooms. Licensee andfor the custodial staff shall be responsible for placing rubbish and recycle materials In the appropriate locked dumpster located on site. They shall further be responsible for locking that dumpster after each use. This dumpster Is to be kept locked at all times when not in use. -3- (e) Tenant ImoEovements. Licensee shall submit to the Community Services Department, In writing, any desired changesAmprovements to Room #3 of the Lacouague Building. This shall include any modifications to existing welts, ceiling, windows, flooring, doors, lighting, Interior, exterior, eta Licensee must receive written approval from City prior to making any Improvements or modifications to the facility. All Improvements and their maintenance shall be the financial responsibility of Licensee. Section 8. Reservations to City. City reserves the right to enter the property at any reasonable time for the purpose of Inspection and/or.repairs for which the City is responsible, or to cavy out any municipal function. This right shall not be exercised in any manner, which will unreasonably Interfere with Licensee's use of the premises. The City will have a key to the Lacousgue Building for emergency or maintenance purposes. Section 9. Condition Qf Premises. Licensee agrees to accept said facility In "as is° condition, and agrees to assume all further liability arising out of the condition of such facility, once a final Inspection Is completed jointly by both parties. Section 10. InsuranceAndemnity. Insurance required herein shall be provided by Admitted insurers In good standing with the State of California and having a minimum Bests Guide Rating of A - Class VII or better. (a) Comprehensive Genera_ I JJabill#v. Throughout the term of this Agreement, Licensee shall' maintain In full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 Injury to one person/any one occurrenoe/not limited to contractual period; $1,000,000 Injury to more than one person/any one occurrenoe/not limited to contractual period. (b) proof of Insurance Rsaulrements/Endorsement. Licensee shall submit the certificate of liability Insurence,'naming the City as additional insured, and an additional insured endorsement to the City for certification that the Insurance requirements of this Agreement have been satisfied. -4- (c) Notice of CangdationlTermination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given If there Is a cancellation due to failure to pay a premium. (d) Indemnitor. Licensee agrees to Indemnify, protect, defend, and hold harmless City, its elected and appointed officials, and employees from any and all claims, demands, causes of action, damages, costs and expenses, Including attorneys' fees, for damages to property, Injuries or death of any persons arising out of Licensee's use of said facility under the terms and conditions of this Agreement. Section 11. CondiLlons of Oaeration. (a) The hours of operation shall be 9:00 am to 5:00 pm, Monday through Friday. Allowable uses are defined In Exhibit B. Other uses and times shall be requested In writing to City with ample time permitted for approval by the Community Services Director. (b) Licensee shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the aforesaid facility. (c) Licerisee shall, at all times, keep City advised of the name and telephone numbers) of two persons who can be contacted at times of emergency. (d) • Licensee shall, at all times, take and maintain the utmost caution and care in every respect of its operation and -shall observe and maintain the highest standard of safety. (e) Ucensee shall submit a semi-annual performance report, due January 31 and July 31 each year to the Community Services Manager In accordance to City Council Policy 014. The report shall Include: 1. Disclosure of all activities the Licensee has conducted both at the facility and in the community on an outreach basis; 2. The number of citizens receiving benefits from activities, Including meetings, classes, events, services; 3. The city of residence of citizens receiving benefits from activities, Including meetings, classes, events, services; 4. Description of any routine maintenance of premises; 5. Proof of the Licensee's continued non-profit status; S. Information on the total revenue received by the Licensee during the reporting period, and disclosure of the sources of that revenue. . .5. M Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for Licensee. City shall retain the right to exclusive use of parking spaces for City business at any time. 1. Attendees may park in the Old Fire Station parking lot per availability and the public parking lot on the comer of EI Homo Street and EI Camino Real. 2. AN parking must be done in a legal manner (I.e. no double parking) 3. No attendee parking Is permitted along either side of the streets of El Homo and La Matenza. That area is to remain available for the residents and their guests to park. Licensee shall be responsible for ensuring that attendees park In the permitted areas In a legal manner. (g) Restrooms are to be kept locked when not In use. Licensee must ensure restroom is locked after each usage and at the close of business daily, as well as after special usage at times other than during the regular business day. . (h) Licensee is responsible for all furniture, equipment, and supplies for this space usage. All items brought in by Licensee must be removed at the end of the term of the agreement. City does not grant permission for items to remain In the facility once the tern of the agreement ends. (1) City shall issue keys to the individuals whose names are provided by Licensee; all keys must be signed-out In accordance with City procedure. When a person leaves Licensee's program, Licensee must return the key to City so that person's name can be removed from City records. Licensee is not permitted to re -Issue any key. Section 12. Termination. (a) This Agreement may be terminated upon the default of one of the parties. In the event of a dispute between -the parties, City and Licensee shall first meet and confer regarding the matter. N the dispute cannot be resolved through a meet and oanfer session within thirty (30) days of written notice of a default, then the Agreement may be unilaterally terminated by the non-defaufting party. (b) City and Licensee shall have the right to terminate this Agreement without cause by giving ninety (90) days advanoe written notice of termination to the other party. (c) Upon termination of this Adreement, Licensee shall remove ail equipment and materials, dean the premises, and 'leave facility In a condition -6- substantially similar to that prevailing at the time of the commencement of this lease, with the exception of normal wear and tear, acts -of God, and events beyond control of • Licensee. Licensee shall restore the property to its original condition without any cost to City. Section 13. E tp lre Agre-ement This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered herein, and no other previous agreement, statement or promise made by any party hereto which Is not contained herein shall be binding or valid. Section 14. General Pmvislons. (a) Notices. All notices, demands, consents, or other communications required to be given under this agreement shall be accomplished by first class mail, postage prepaid, and deposited In the U.S. mail, or personally served upon the other pa[ly. To City: Cynthia Alexander, Community Services Manager City of San Juan Capistrano 25925 Camino del Avlon San Juan Capistrano, CA 92675 To Licensee: Anthony Rivera, Jr., Chairman/CEO Juaneflo Band of Mission Indians 31411 Le Matanza Street, Suite A San Juan Capistrano, CA 92675 [SIGNATURE PAGE TO FOLLOW) .7- (b) Attomev's Fees. In the event any legal action or proceeding Is commenced to Interpret or enforce the terms of, or obligations arising out of this Agreement, or to recover damages for the breach thereof, the party prevaliing In any such action or proceeding shall be entitled to recover from the non-prevalling party all reasonable attorney's fees, costs and expenses Incurred by the prevailing party. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. APPROVED AS TO FORM: AMIA A A A 1�n 6 Omar SaAkloval, City Atbarn CITY OF SAN JUAN CAPISTRANO ey Larry Kramer, Mayor JUANENO BAND OF MISSION INDIANS By: Attached Exhibits: A. Site Diagram B. Allowable Uses -8- ExhIWA 8tl� blagretl'i ' • Laoouague Building: 31411 La Matanza Street MI -A Exhibit B Allowable Uses • Administrative office hours to the Tribal office shall be 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage will be minimal, with an attendance of 10 people or less on those various weekend usages. Exception: Tribal General Council meetings. • Tribal General Council meetings are held on the third Saturday of each month from 1:00 to *00 pm. See Section 11(f) regarding parking restrictions and Section 6 regarding use of La Sala Auditorium. The use of Meeting Room Ka Sala Auditorium The TrlbalCouncll officers (5) usually meet on Thursday evenings until 10:00 pm.. • Tribal committee meetings are held on various days throughout each month, usually during business hours. These committees have an attendance of 10 or less. . • The Tribal space will be arranged In such a way as to permit open areas for meetings, classes, and projects. • Tribal usage of any City facility space other than Room #t3 identified on Exhibit A Is permitted only when the group is in possession of a City -,approved facility use application. A fee for use of these facilities shall be charged In accordance with Section 6 of this License Agreement. • Licensee shall confine use of the Old Fire Station site to indoor usage of the Laocuague Building only. Picnicking or gathering on the lawn area located at the cornier of EI Homo and La Matanza Streets Is not permitted. • Licensee shall not store items in any City refrigerator. • Licensee shall have access to the common area for use of the restrooms. Licensee may not utilize the property, for any other uses than those specifically established in this License Agreement. -10- AMENDMENT TO LICENSE AGREEMENT THIS FIRST AMENDMENT TO THE LICENSE AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Juanefto Band of Mission Indians, Is made and entered into, to be effective the 2"d day of April, 2013, as follows: RECITALS WHEREAS, the City and Juanefio Band of Mission Indians have entered into a License Agreement dated December 6, 2011, to utilize a portion of the Lacouague Building for administrative purposes (Room 3); and WHEREAS, the City and JuanefSo Band of Mission Indians desire to amend the terms of the License Agreement as to reflect the granting of the one-year extension as provided hereunder. AMENDMENT WHEREAS, the City and Juanefio Band of Mission Indians exercise the right to extend a one-year period per Section 3 from the December 6, 2011, License Agreement: The temp of this License Agreement will be until December 6, 2013, from the effective date of this Agreement. 1. The parties herby agree to the extension until December 6, 2013, as provided by the License Agreement. 2. The Licensee shall reimburse the City in the total amount of one thousand and five dollars ($1,005) per month. 3. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] ATTACHMENT 3 ATTEST: By: City Clerk APPROVED AS TO FORM: BY: City Attorney By: CITY OF SAN JUAN CAPISTRANO John Taylor, Mayor JuanePio Band of Mission Indians By: Theresa Romero, Juaneflo Band of Mission Indians 2 CITY OF SAN JUAN CAPISTRANO FACILITY LEASE FEE CALCULATION FACILITY: I Old Fire Station Com lez-Lacoua ue 2012-13 LEASED TO: 2012.13 Jueneno Band of Indians 2012-13 ADDRESS AND LOCATION: 31411-A, La Matanze Room 3 SQUARE FOOTAGE: 1240 SO FT PERCENT OF TOTAL FIRE STATION COMPLEX 1 18% LAST UPDATED: I e -Mar -13 EXPENSE Personnal Serviros l pial Maintenance ullding Repairs eprecialion ass Interest nnuai Property Finance Miles Gas Water Refuse Banelll: All oenind To mm Fodllm Overhead 2012.13 2,036 2012-13 057 2012.13 2012-13 2.488 2012-13 122 2012.13 675 2012.13 76 GRAND TOTAL ANNUAL FACILITY EXPENSE 7777510,263 ANNUAL COSTISQ FT $14.73 MONTHLY COSTISO FT $1.23 MONTHLY LEASE $1,525.20 \Lsjc.local%Shared%DeparlmenisNdmin Services\SlraredlPropMgmiTacllity Leases101d Fire Station Complex Updated March 2013 3114/2013 ATTACHMENT 4