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11-1206_JUANENO BAND OF MISSION INDIANS_Agenda Report_D11J� 6. FISCAL YEAR 2011-12 TRANSPORTATION DEVELOPMENT ACT AUDIT REPORT, RECEIVED AND FILED (310.50) 7. NEW DEVELOPMENT APPLICATION STATUS, RECEIVED AND FILED (440.10) 8. AMENDMENT TO CITY COUNCIL POLICY NO. 121, WALL OF RECOGNITION TO EXCLUDE THE DEFINED DATE FOR SUBMITTALS OF NOMINATIONS, APPROVED (610.30) 9. PERSONAL SERVICES AGREEMENT AWARDED TO BRENNTAG PACIFIC, INC. FOR THE PURCHASE OF AQUEOUS AMMONIA 19%, CORROSION INHIBITOR, HYDROGEN PEROXIDE 50%, SODIUM PERMANGANATE 20%, SODIUM HYPOCHLORITE 12.5% FL, CITRIC ACID 50%, SODIUM HYDROXIDE 50%, AND SODIUM BISULFITE 25% THAT WILL TERMINATE ON DECEMBER 31, 2013, WITH THREE ONE YEAR OPTIONS, AND NOT TO EXCEED THE ADOPTED AND AMENDED BUDGET; AND PERSONAL SERVICES AGREEMENT AWARDED TO KING LEE TECHNOLOGIES FOR THE PURCHASE OF ANTISCALANT THAT WILL TERMINATE ON DECEMBER 31, 2013, WITH THREE ONE YEAR OPTIONS, AND NOT TO EXCEED THE ADOPTED AND AMENDED BUDGET; AND, PERSONAL SERVICES AGREEMENT AWARDED TO UNIVA USA, INC. FOR THE PURCHASE OF SODIUM HYPOCHLORITE 12.5% FL, CITRIC ACID 50%, SODIUM HYDROXIDE 50%, AND SODIUM BISULFITE 25% THAT WILL TERMINATE ON DECEMBER 31, 2013, WITH THREE ONE YEAR OPTIONS, AND NOT TO EXCEED THE ADOPTED AND AMENDED BUDGET; AND, PURCHASE OF $350,317.50 IN CHEMICALS FROM BRENNTAG PACIFIC, INC., $60,074.07 IN CHEMICALS FROM KING LEE TECHNOLOGIES, AND $52,104.46 FROM UNIVAR USA, INC. DURING FISCAL YEAR 2012-2013, RATIFIED (600.30) ROLL CALL: AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: Reeve, Byrnes ABSENT: COUNCIL MEMBER: None 10. MAYOR AUTHORIZED TO CAST THE VOTE FOR THE CITY AND SIGN THE MAIL BALLOT FOR THE LEAGUE OF CALIFORNIA CITIES BY-LAWS (140.20) 11. AMENDMENT EXTENDING THE LICENSE AGREEMENT UNTIL DECEMBER 6, 2013, WITH THE JUANENO BAND OF MISSION INDIANS FOR USE OF A PORTION OF THE LACOUAGUE BUILDING (ROOM 3) — ITEM CONTINUED TO A FUTURE MEETING (600.30) Cynthia Alexander, Acting Community Services Director, provided an agenda report and responded to questions. 4/2/2013 4�, u4v ,zo 'G4r City of San Juan Capistrano Agen TO: Karen P. Brust, City Nein FROM: Cynthia Alexander, Actin DATE: April 2, 2013 ort Community Services Director 4/2/2013 D71 SUBJECT: Consideration of an Amendment to the License Agreement for Use of a Portion of the Lacouague Building at 31411 La Matanza Street (Juaneno Band of Mission Indians) RECOMMENDATION: By motion, approve an Amendment extending the License Agreement until December 6, 2013, with the Juaneho Band of Mission Indians for the use of a portion of the Lacouague Building (Room 3) for an amount of $1,005 per month. EXECUTIVE SUMMARY: The Juaneno Band of Mission Indians submitted their letter of request (Attachment 1) to extend the License Agreement for the use of a portion of the Lacouague Building (Room 3). The 2011 License Agreement (Attachment 2) expired on December 6, 2012, at a rate of $992 per month. Amendment (Attachment 3) would continue the License Agreement at a rate of $1,005 per month and terminate on December 6, 2013. However, similar to the 2011 License Agreement this amount does not fully cover the City's costs related to Room 3. If the License Agreement is not extended, the City would lose the existing $992 of revenue per month until another tenant is found, or an alternate use identified for the facility. Additionally, staff expects there will be costs due to normal wear and tear that would be incurred to prepare the facility for a new tenant or use. The Amendment would provide for a portion of the costs to be offset while the City identifies alternatives for the future. DISCUSSION/ANALYSIS: The Juaneno Band of Mission Indians has been in good standing as a licensee with the City of San Juan Capistrano since the year 2000. The Juaneno Band of Mission Indians utilizes a portion of the Lacouague Building and the primary focus of this organization City Council Agenda Report April 2, 2013 Page 2 of 3 includes tribal business, support for tribal members, educating the public and providing outreaches to the tribal and non -tribal community. The Lacouague Building is part of the Old Fire Station Recreation Complex acquired from the County of Orange in 1994, at below market value. One of the deed restrictions on the facility is that it be used to provide a community services center for and on behalf of the citizens of Orange County. Therefore, the City identifies its total cost for the Old Fire Station Recreation Complex each year, and allocates a portion of the cost to each building at the facility to be recovered from program revenues, and/or user and license fees. The current maintenance and operations cost allocated to the Lacouague Building is $49,413. Of that amount, $18,263 is allocated to Room 3, resulting in a monthly cost to be reimbursed of $1,525 (Attachment 4). The Juanefio Band of Mission Indians is currently paying $992 per month. The Juaneho Band of Mission Indians has indicated they could increase the fee to $1,005 per month adding a 1% increase in covering the total operation cost. The $1,005 per month will cover the City's cost of operation and maintenance of Room 3, leaving a $520 per month cost for depreciation (non-cash) and annual payment to the County to be paid by the City. In order to work toward recovering the monthly operational cost for the building, a Request for Proposal will be sent out in August 2013 to determine whether or not there are other eligible groups that would fulfill the deed restrictions stipulated by the County of Orange and that can pay a license fee that covers all costs. The current tenant will be the first to be considered; however, if the full monthly cost cannot be met at the term of the Amended License Agreement other proposals will be brought to the City Council for consideration. FISCAL IMPACT: The City's General Fund Budget for Fiscal Years 2012-2013 and 2013-2014 includes $11,904 annually from this License Agreement as well as the cost of $18,263, under the current terms of the License Agreement. If the License Agreement is not extended, the City would lose the existing $992 of revenue per month until another tenant was found, or an alternate use identified for the facility. Additionally, staff expects there will be costs due to normal wear and tear that would be incurred to prepare the facility for a new tenant. The Amendment would provide for a portion of the costs to be offset while the City identifies alternatives for the future. ENVIRONMENTAL IMPACT: Not applicable. City Council Agenda Report April 2, 2013 Page 3 of 3 PRIOR CITY COUNCIL REVIEW: On December 11, 2011, the City Council approved the License Agreement with the Juaneno Band of Mission Indians. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On February 25, 2013, the Parks, Recreation, and Senior Services Commission approved to recommend to the City Council an Amendment until December 6, 2013, to the License Agreement with the Juaneho Band of Mission Indians for the use of a portion of the Lacouague Building (Room 3). NOTIFICATION: Theresa Romero, Juaneno Band of Mission Indians Chairwoman ATTACHMENT(S): Attachment 1 — Letter of Request from the Juaneno Band of Mission Indians Attachment 2 — 2011 License Agreement Attachment 3 — Amendment to the License Agreement Attachment 4 — Facility Lease Fee Matrix Eebrumy 8, 3019 Mrs. Cynthia Alexander - Community Servoies Director San Juan Capistrano, CA 92076 0 Dear Cynthia, On January l0a', 2018, history was made for the Juaneho Bond of Mission Indiana, �. Aciacbemen Notion, m the first all-women Tribal Council was elected. The governing leaders are as follows: ✓. , Teresa M. Romero-Chairwoman - Jacque S. Tahukm-Nufiez-Vice Chairwoman _ f Rim OBvares Leone - SeoretarylTre¢surer V., Heidi Hai•iler-Perez-Member at Large - Ruthfe Ann "Cdolde' Stoffel-Member at Large Z As we continue our efforts for Federal Recognitioh, planes accept this letter, with the enclosed 2019 Election Certification, as our official notification to the change of enter Tribal :T Goverm ent. Please direct all correspondence to my attention m• our Vice Chairwoman. - C Jacque S. Tahuke-Nufiez " In addition, tlds is our formol request to renew our License Agreement with the City of Y Z Sen Juan Capistrano for the Old Fire Station, Room $9. Ale we formally requesting to J negotiate a minimal number of changes that we believe will he amenable to the City. - Please contact me at your earliest eonvehme to set an appointment to meet witb my now Y Tribal Council. Thank you for yew time and we look forward to bearing from you in the new future. am p r. Twain M. Romero Chairwomen Juanefio Sand of Mission Indians, Aeiachemen Nation 7 Endosmee: 3018 Election Certification Certificate of Inability Insurance & Endorsement Proof of California Non-Profit Statue — Performance Report with financial. _ Mahaarum $S igngalum Pomguun Yet M13>x ��rylj •. " "Fi-ve Strong Women" Attachment 1 January 19, 2013 e, 0 0 '9Ciyfr+lENN Election Committee Lydia Oulley Wick Lobo, Cbainnan BeverlyMioo Adolph Oliveres Sue Rivera Toe Romero RichardVaugtm Juaneno Band of Mission Indians Acjachemen Nation 31411-A Le Matanza Street San Juan Capistrario, CA 92875 (949) 488-3484 2 Election Certification January 19, 2013 To: AndtonyRiwin Chairperson From: Election Committee , Re: ElectionRmWls rheElection Committee is hereby certifying the electoral process as itoccunied on January 19,20) 3. Tim electoral slate and results are as follows: 'Chairperson Anthony Rivera TeresuRontero bice -Chairperson Jacqueline Nunez 4rithony Vaughn Craicins Yorba - gecmdary Kimberly Leone - Trenhurer Krialinn Vorba Members -at -Loge Todd Ambo Sbnnnon DeLa Torre Joseph Lopez , Heidi Perez Cecelin Mnrdnez Rudde. Stoffel he members ofthe Election Committee certify the electi& were conducted by die events and principles greed upon by lheTnbal Council and thr-Election Committee. TlieAcjachemen Constitution defined dtebasis or the conduct oft lection of 2013. Respectfully, Elec.tonommitt e, Chair Elf�c ion C mmee,_Mem et _Election Committee, Member Blectiou• i Member Election Commi ee M r Election Commi em Election Committee, Member ElectionComrmttee, ber Election Commidee,Member Obsen er.Non- 3 JUAWBAN•01 BALBRECHT CERTIFICATE OF LIABILITY INSURANCE � DA a�41 01 TRS CERTIFICATE IS maUEO AS A MATTER OF INFORMATION ONLY AII0 CONFCIIS 110 RIGHTS UPOU THB CERTIFICATE HOLDER. THIS - CERTIFICATE ROES NOT AFPuIrAATIVELV OR NEGATMELY AMEND, OXTE110 OR ALTER. THE COVERAGE AFFORDED BY niE POLICIES BELOW. THIS CERTIFICATE OF MSURANCE DOES NOT CONSTITUTE A C014TRACY RBTWEElt TH9ISSUING 111SURER(S). AUTHORIZED _ nonts'BENTATIVE OR PRODUCER, AILD THE CERTIFICATE HOLUER.' _ _ IMPORTANT° It Iho aeriti1 M lioltlol i6 tdr AD- OMOttAL INSURED, pwpo6Ly(fosj must do onJsizia •F 90GROGATION iS iV/lR+k'i•. sul jbc! t•�' rho lama uud conditfuns of Me, policy, euncin paRclas ntut• rago6e Ida an6nownant A atuun:vtd an ddv e•dnilivotc $1ent nt I d<Arftlt rlglus Ic 111 ? aottlRearo battlerto itau ar aueh on_daraomam(a)...- PRDMXM pIlo IroaBetvtaur - _ �10)84B-Z@21f Di518nhland PoU}�e Qliva, BuRo J5B RosovOlo, CAA 95H 9 _ . •_- • — • • • --- aslalaRlslatxaaaueoeovanAaB ooze_ 114143RIMA: NaU11IUB Insurance Com _.._...-- Jumuno Band of RRsslon Indlona 51411 A. LoOlatento51. San Juan Coplalrano,CA92079 oNtaran ..-__-- _ COVERAGES CERTIFICATE NUfdBER' r REVI3fOH NUtateP.R:__ _ THIS IS TO CERTIFY THAT THE POLICIES OF 04MIRANCE LISTED BELOW WAVE BEEN ISSUED TO THE INSURED NAG3ED ABOVE FOR THE POLICY PERIOD i INDICATED. II WY p�SSUED OR NAY PERTAIN. 71�E INSUMERM NCEOAFFORDED OF ANY E A0l dIIgS DCSCACI On CRIBEDOHE�REIN IWP" t .IECT T ALLTHE 711(thM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMIT S 511=414114Y HAVE BEEN REDUCED 0Y PAID CLAIMS..- _ ••,`�_ �g]1 TOO OF DISURAHCB _ _ . PaLIC'f Ian1aE11 . . _ .. (_ _ '� • ..• - 1•iimmnni t,tan nv 1 F 1 AchoCCWaBNm + (r ,.__ •1.9BO,IIH6, A X CCMkSRCIASOEI0IM.LVAL11Y X H1B005U =12012 { 316074313 q"AsAlvO. M CtCun _ ;;It AGOFEOAIE los Ames PER X pOLCt F ' IOC ----• -- Ia1TOROBaEUAOiISY . Alrt AUIO act_ - IOtfD I.V10G ' I AU105 ' . L�:. r BcFaLm LLAtLSrLdi3 OFOPERATt01a91LOCATIONS IMCLBa (AaacaACOPO101,Add OUIRleartrIthefU+.1IM91u111498 OODLYCINpr IMO peroA) s BOi1LT alruRt' [pa ruamal s - •- - — • _ lama CERTIFICATE HOLDER}� CANCELLATION _..._ �..! •__— . _ �_ .— SHOULD ALIT OF THS ABOVE DESCRIBED FOLIC" OB CA"CDLLOC BEFORE TItO C{ly al Sall JD43n Caplstron0 TNG Bilp0lATtoH OATS 1HEREOF. NOTICE VIOLL OR OELIV6nEO IN ACCORDARCE WITHTHB POLICY PROVISIONS. 52400 Pasoo AdelaAlo San Juan Capturono, CA 02676 AWHOA11QD11eFACWHATM ®1900.2010 ACORD CORPORATION. A0 rlghts rosorved. ACORD 25 1201=51 The ACORD name and logo are regislorod marks 01 ACORD 4 1'R ,CI.,, It�t.,r P'..,,1 ., w17 'ac .2-9Z. 40 .Il V" W". •r,.. . ..... .. . ... . . . POLICY NUMBER: NN1090SO COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL 114SP RSD - PPJ114ARY AND NONCONTRIBUTORY This endorsement modiffas insurance provided under the fallowing; COMMERCIAL GEi4ERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Porson(s) or Orgunizatlon(s): THE CITY OF SAN allAt4 CAPISTttAiTO 32400 PASEO ADELANTO, SAN JUAN CAPTSTitANO, CA 93675 Locarlon(s) of Covered Operations: 31411 A. be htatanza Street: 6A14 JUAN CAPTSTRANO CA 92615 - Description of Worlt Performed tot the Additional Insured: A. Section II -Who Is Ad Insured is amended to include as an additional insured [lie pers0n(s) or organixalion(s) shown in the Sche"6. but only with respect to liability for "bodily injury", "properly damage" ov"personal and advertising Injury" caused, in whole ar In purl, by: i. Your acts or omissions; or 2. The acts or omissions at those acting on your boha% In the performance at your ongoing operations for the additional insured at the localfon(s) designated In the Schedule, bud only for acct rrences or coverages nor otherwise: excluded In the policy to which this endorsement applies. S. Whit respect to the insurance afforded In the additional insured, the fallowing additional excluslanH apply: This lbsuranee does not apply to "bodily injury' or "properly damage" occurring after: I. All wort, including materials, parts or equipment furnished in txrrmection wlin such wurh, ori the projeci (other (mall service, maintenance or repairs) to be performed by or an behelf of the additional Insured at the location of the covered operations has been completed; or 2. Thal portion of "your work" out of whicn lite injury ui damage nrtsibs ties well out to .11 tnlrndea Usti by any person a prl ororganization aParl of Inver than aitother pre ecl contractorai subcnntraclnr engagers in eerfomung aperatbns C. Tho following is added to 4.6. of Other insurance of Suction IV • Conimoreial Soneral Liability Condlllons: If required in a wdllen conlracl, your policy is primary and noneonlributary in the event of on occurrence caused, In vMcla or to pail, by your ads or omLsslona, nr the acts or omisslon s or those acting an your behalf that occurs while performing ongoing operations for Inti adddtonal insured at lite localton(s) designated In the Schedule All other lerms and ccndilsons 01 this policy remain unchanged. LOOS (03101) rnct der eoIWdDhkkr moti-riat of Insurtincn 8ervires Olaw. Inc. will iia pmlais.1ion 5 Secretary of Stale 15001 tm Street. 3^' Floor Business Entities ` Business Programs Division Sacramento, CA 95811 (91t;) 657-5448 ANTHONY RIVERA, JR January 30, 2013 JUANENO BA14D OF 14ISSION INDIANS 31411-A LA MATA14ZA ST. SAN JUAN CAPISTRA140 CA 92675 REt Hot•ice of Revivor Entity Number'. CIB58819 Entity Nantes JUANENO BAND OF MISSION INDIANS Effective Date: 01/30/2013 Tile 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.gov/calaw.html and see California Corporations Code sections 1502, 2117, 2205, 2206, 5008.6, 62101 0210, 9660, 17060, or 17654; California Civil Code section 1363.6; California Financial Code section 14101.6; and California Food and Agricultural Code section 54040. Please note: You may wish to contact the California Franchise Tax Board regarding possible penalties and/or tax requirements. The California Franchise Tax Board recommends using their website for contact information at www.ftb.ca.gov. Business Programs Division Name Availibility Unit 8 tsscPu:aual�ast Juaneno Band of Mission Indians, AcJachemen Nation Semi -Annual Performance Report for the City of San Juan Capistrano July to December 2012 Activities Monthly Open Tribal Council Meetings (3) Bi-weeldy Elder Meetings (10) Annual Reunion in August (1) Thanksgiving Celebration in November (1) Holiday Party in December (1) Number of citizens receiving benefits from activities Approximate average 60 Citv of residence of citizens served San Juan Capistrano Mission Viejo San Clemente Dana Point Ladera Ranch Chino Hills Vista Oceanside Anaheim Santa Ana Routine Maintenance None Tntal Reuenue received for reQDrting Period $ 2,102.88 July $ 2,354.00 August $ 1269.00 September $ 1 42.13 October $ - November $ 2 671.35 December $ 9 939.36 5 Month Total From donations, raffles, and membership dues (TSR) 7 LICENSE AGREEMENT This -License Agreement Is made this 8th day of December 2011, by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the Juaneno Band of Mission Indians, a nonprofit corporation (hereinafter "Licensee"). RECITALS: WHEREAS, Licensee desires to utilize for Tribal Headquarters purposes a portion of the Lacouague Building, which Is a portion of the Old Fire Station Recreation Complex, located at 31411 La Metanza Street; and - WHEREAS, City desires to make available such facility to Licensee for 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. Grant of License. City. 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 specifically described in the Site Plan attached as "Exhibits", Incorporated herein by reference. Under this License Agreement, Licensee has the right and sole discretion 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 State of California as a 501(c)(3) Not -for -Profit organization. Licensee understands that Its nonprofit status Is a substantial inducement for City to grant this License. Licensee agrees 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 -1- Section 2. Allowable Uses. Licensee may not utilize the property for any other uses than those specifically set forth in Exhibit B, incorporated herein by reference. Section 3. Term of License. The term of the License Agreement will be for a term 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/closing facility for installation, repairs, and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, or removal appointments. Section 5. No License Consideration. Licensee shall not be required to pay a license consideration for the privilege of utilizing 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 City -approved facility use application 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 #3. Licensee's use of other City. facilities, -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, Repairs. and Improvements (a) Reimbursement for City Maintenance and Utilities. 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 Requirement. 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. Licensee 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 and 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: Exterior painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, plumbing. (d) Custodial Responsibilities. Licensee shall be responsible for all arrangements and costs to provide custodial service to .Room #3. City shall be responsible for all arrangements to provide custodial service for the restrooms. Licensee and/or 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 Improvements. Licensee shall submit to the Community Services Department, In writing, any desired changes/improvements to Room #3 of the Lacouague Building. This shall include any modifications to existing walls, ceiling, windows, flooring, doors, lighting, interior, exterior, etc. 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 carry 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 Lacouague Building for emergency or maintenance purposes. Section 9. Condition of 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. Insurance/indemnity. Insurance required herein shall be provided by Admitted insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. (a) Comprehensive General Liability. 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 occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. (b) Proof of Insurance Requirements/Endorsement. Licensee shall submit the certificate of liability insurance, 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 Cancellation/Termination 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) Indemni . 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. Conditions of Operation. (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) Licensee shall, at all times, keep City advised of the name and telephone number(s) 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) Licensee 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; 6. Information on the total revenue received by the Licensee during the reporting period, and disclosure of the sources of that revenue. -5- (f) 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 corner of EI Horno 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 EI Horno and La Matanza. 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 term 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. If the dispute cannot be resolved through a meet and confer session within thirty (30) days of written notice of a default, then the Agreement may be unilaterally terminated by the non -defaulting party. (b) City and Licensee shall have .the right to terminate this Agreement without cause by giving ninety (90) days advance written notice of termination to the other party. (c) Upon termination of this Agreement, Licensee shall remove all equipment and materials, clean the premises, and leave facility in a condition 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. Entire Agreement. 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 Provisions. (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 party. To City, Cynthia Alexander, Community Services Manager City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 To Licensee: Anthony Rivera, Jr., Chairman/CEO Juanefio Band of Mission Indians 31411 La Matanza Street, Suite A San Juan Capistrano, CA 92675 [SIGNATURE PAGE TO FOLLOW] -7- (b) Attorney'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 prevailing in any such action or proceeding shall be entitled to recover from the non -prevailing 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: " 0 IIIAAI�w (). Omar Sa oval, City Attom y CITY OF SAN JUAN CAPISTRANO By IX�L4 A6��� Larry Kramer, Mayor JUANENO BAND OF MISSION INDIANS By: Attached Exhibits: A. Site Diagram B. Allowable Uses ExhIbItA Sloe blikgrim La.couague Building: 31411 La Matanza Street 1 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 4:00 pm. See Section 11(f) regarding parking restrictions and Section 6 regarding use of La Sala Auditorium. The use of Meeting Room #La Sala Auditorium The TribalCouncil 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 #3 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 Lacouague Building only. Picnicking or gathering on the lawn area located at the corner of EI Horno and La Matanza Streets is not permitted. e 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 Juaneno Band of Mission Indians, is made and entered into, to be effective the 2nd day of April, 2013, as follows: RECITALS WHEREAS, the City and Juaneno 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 he WHEREAS, the City and Juaneno Band the granting of the oneians eyearsire textensiontas terms of the License Agreement as to reflect g g provided hereunder. AMENDMENT WHEREAS, the City and Juaneno Band of Mission Indians exercise the right to extend a one-year period per Section 3 from the December 6, 2011, License Agreement: The term 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 0 CITY OF SAN JUAN CAPISTRANO John Taylor, Mayor Juanefio Band of Mission Indians By: Theresa Romero, Juaneno Band of Mission Indians 2 CITY OF SAN JUAN CAPISTRANO FACILITY LEASE FEE CALCULATION FACILITY: LEASED TO: ADDRESS AND LOCATION: 1 31411 -A La Mstanze Room 3 SQUARE FOOTAGE: 1240 SQ FT PERCENT OF TOTAL FIRE STATION COMPLEX 18% LAST UPDATED: e -Mar -13 EXPENSE Maintenance Repairs Interest at Properly Finance 2012-13 2.036 2012-13 657 2012-13 2012-13 2.480 4,326 1 s Gas 2812-13 122 Water 2812-13 875 Refuse 2812-13 76 DRANO TOTAL ANNUAL FACILITY EXPENSE $16,263 ANNUAL COSTISQ FT $14.73 MONTHLY COSTISQ FT $1.23 MONTHLY LEASE $1.525.20 \\sjc.local\Shared\Departments\Admin Services\Shared\PropMgml\Facility Leases\Old Fire Station Complex Updated March 2013 3114/2013 ATTACHMENT 4 32499 PA6EO AOELANTO SAN JUAN CAPISTRANO. CA 92675 (949)4931171 (949) 49 319 5 3 Ewx .Hwsan1,HOnrp,,, io.wg NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL I M1 AUANATO ROY BYRNES, MD IARRY.RAMER DEREK REEVE JOHN TAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, April 2, 2013, in the City Council Chamber in City Hall, to consider: "Consideration of an Amendment to the License Agreement for Use of a Portion of the Lacouague Building at 31411 La Matanza Street (Juanelio Band of Mission Indians)" — Item No. D11. 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, April 1, 2013, 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 Cynthia Alexander, Acting Community Services Director. You may contact that staff member at (949) 443- 6395 with any questions. The agenda, including agenda reports, www.san'uancapistrano.org. If you would agendas are posted to the web site, please citvclerkCd)sa n ivancaoistrano.oro. Maria Moms, CMC City Clerk is available to you on our web site: like to subscribe to receive a notice when make that request by sending an e-mail to: cc: Theresa Romero, Juanelio Band of Mission Indians Chairwoman .San.huan Capistrano: PwNerving rhe Past to Enhance the Future