12-0605_MICHAEL SCHWARTZ_Terminiation Letter to Michael Schwartzwww.sanjucmcapistrano. org
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949)493-1171
(949) 493-1053 FAX
August 20, 2014
Mr. Michael Schwartz
31831 Peppertree Bend
San Juan Capistrano, CA 92675
Mr, Michael Schwartz
21 Santa Barbara
Aliso Viejo, CA 92656
Mr. Michael Schwartz
3 Via Positiva
San Juan Capistrano, CA 92675
Re: Site License and Use Agreement - Roller Hockey/Multipurpose Facility at Marco Forster
Middle School
Dear Mr. Schwartz,
As you know, the City Council approved the termination of the Site License and Use Agreement
(Agreement) with you for the operation of the Roller Hockey/Multipurpose Facliity located at
Marco Forster Middle School. Therefore, In accordance with Section 12 of the Agreement, the
Agreement is terminated effective September 18, 2014.
The Roller Hockey/Multipurpose Facility (Facility) is the property of the City of San Juan
Capistrano and the Capistrano Unified School District. The Facility must remain intact and fully
operational, upon you vacating the site. This Includes any and ail improvements made as part
of the refurbishment of the Facility as required by the Agreement. For example, these items
include the fencing that Is clearly part of the Facility. There is no reasonable argument other
than that you refurbished something that already existed. Further, the Record of Administrative
Approval for Project #AC 13-021 contains a detail of the installation of what is called a
Crystaplex 960 Series Dasher Board Layout Steel Removable System. Regardless of the fact
that the word 'Removable' is used, it includes steel anchor plates fastened to the concrete slab,
steel angle stringers welded to posts, tube stringers welded to posts, and other earmarks of a
permanent installation. There is aiso a diagram requiring you to remove and replace the safety
San Juan Capistrano: Preserving the Past to Enhance the Future
Printed on 100% recycled paper
netting pursuant to the appiicabie standards. Again, that is part of the existing facility and the
replacement netting has to stay.
You may remove items belonging to you that are not a part of the Facility, such as vending
machines, portable restrooms and office equipment that were not part of the Facility prior to the
effective date of the Agreement. The City is currently planning to assume Facility operations on
September 19, 2014.
The City reserves all of its rights under the Agreement, including the right to terminate the
Agreement for cause if the need should arise.
Tom Bokosky
Human Resources Manger
C: Hans Van Ligten, City Attorney
John Forney, Capistrano Unified School District,
Director of Maintenance and Operations
Sincerely,