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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,