14-0603_JUANENO BAND OF MISSION INDIANS_D9_Agenda ReportTO:
FROM:
DATE:
City of San Juan Capistrano
City Cou cil
Age ort
o;ty SeN;oo, Dkocto(/i}) Cynthia Alexander, Comm
June 3, 2014
6/3/2014
09
SUBJECT: Consideration of a License Agreement for the Use of the Lacouague
Building, Room 3, at 31411 La Matanza Street (Juaneno Band of Mission
Indians)
RECOMMENDATION:
By motion,
1. Approve a four (4) year License Agreement between the City of San Juan
Capistrano and the Juaneno Band of Mission Indians for use of the Lacouague
Building, Room 3, in the Old Fire Station Complex, at 31411 La Matanza Street,
San Juan Capistrano.
2. Approve a monthly fee to utilize the Lacouague Building, Room 3, in the Old Fire
Station Complex, in the amount of $992 per month, until June 30, 2016, at which
time the monthly fee would increase by the Consumer Price Index (CPI), not to
exceed a maximum of 2%, until the expiration of the License Agreement on June
30, 2018.
EXECUTIVE SUMMARY:
The Juaneno Band of Mission Indians has requested that their use of the Lacouague
Building, Room 3, located in the Old Fire Station Complex, be continued upon the
expiration of their License Agreement with the City (Attachment 1). A four (4) year
License Agreement is attached for City Council consideration (Attachment 2).
Staff is recommending a four (4) year License Agreement between the City of San Juan
Capistrano and the Juaneno Band of Mission Indians in the amount of $992 per month,
until June 30, 2016, at which time the monthly fee would increase by the Consumer
Price Index (CPI), not to exceed a maximum of 2%, until the expiration of the License
Agreement on June 30, 2018.
City Council Agenda Report
June 3 , 2014
Page 2 of 3
DISCUSSION/ANALYSIS :
The Juanerio Band of Mission Indians has occupied the Lacouague Building, Room 3,
since the year 2000 . The Juanerio Band of Mission Indians use of the Lacouague
Building, Room 3, includes tribal administrative activities, daily visits from tribal
members, and various meetings . Some of the meetings are held on a monthly basis ,
while other meetings are held on an as needed basis . Office hours are
9:00a.m.-5:00p.m., Monday through Friday. Weekend and evening use will be
minimal and occasional , with an attendance of 10 people or less at those various
activities.
The O ld Fire Station Complex was purchased from the County of Orange in 1994, at
below market value, with a deed restriction that the property is to provide a community
services center for and on behalf of the citizens of Orange County. There is also a
stipulation in the agreement providing for the City to share 80% of any lease revenue
with the County. Therefore, the City limits the use of the facility organizations providing
community benefit and ·charges a maintenance fee to cover the City's costs for the
facility . Utilization of the Lacouague Building, Room 3 , by the Juanerio Band of Mission
Indians is consistent with the Agreement, as the intended use of the building is to
provide tribal services , education and other community services.
The primary focus areas of this organization includes tribal business , support for tribal
members , educational tools for the general public, hosting cultural education with local
colleges to support scholarships to the local community , art classes and outreach to
both tribal and the non-tribal community through the tribal website and instituting an
Elder Committee to support senior health services and activities.
From 2000 through December 15, 2009 , the month ly maintenance fee for the
Lacouague Building , Room 3 was $680 per month . In an effort to recover its costs and
move toward full cost recovery , the City Council approved a license agreement with a
monthly maintenance fee of $992 or $11 ,904 annually , effective December 15, 2009 . At
that time , the maintenance fee recovered approximately 63% of the City's costs. The
monthly license fee has remained unchanged since that time .
FISCAL IMPACT
The City-wide Fee Study which is currently being fina lized includes the cost of the Old
Fire Station Recreation Complex facilities and is based on the City 's Fiscal Year
2012 -13 Amended Budget. The Fee Study calculated the total direct cost for the
Lacouague Building , Room 3 , to be $15 ,626 annually . Based on the same calculation
method , the proposed Fiscal Year 2014-15 and 2015 -16 budget projected these costs
to be $15 ,640 and $16,203, respective ly.
Based on the proposed Fiscal Years 2014-15 and 2015 -16 budgets , the current month ly
fee of $992 or $11,904 annually, for the Lacouague Building, Room 3, offsets
City Council Agenda Report
June 3 , 2014
Page 3 of 3
approximately 75% of the direct costs. Although , this amount does not completely
cover the costs of th is facility , the Juanerio Band of Mission Indians ' service and
activities to the tribe and non-tribal community are free of charge and contribute to the
City's cultural and historical roots as well as other community services. The $11 ,904
annual maintenance fee has been included in the proposed Fiscal Years 2014-15 and
2015-16 budget in account number 01-00000-46110-00000-616. The monthly fee of
$992 or $11,904 annually, for the Fiscal Years 2016-17 and 2017-18 w ill be calculated
to increase by the Consumer Price Index (CPI), not to exceed a maximum of 2%.
ENVIRONMENTAL IMPACT :
Not applicable.
PRIOR CITY COUNCIL REVIEW:
The City Council approved license agreements with the Juanefio Band of Mission
Indians to use Room 3 , of the Lacouague Bu ilding, for their tribal office in the years:
• July 17 , 2000 • December 15 , 2009
• May 20 , 2003 • December 6, 2011
• August 6 , 2006 • April 16, 2013 (Amended)
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
At the May 19, 2014, Parks, Recreation and Senior Services Commiss ion meeting, t he
Commission voted unanimously to forward to the City Council a recommendation to
approve a four ( 4) year License Agreement between the City of San Juan Capi strano
and Juanefio Band of Mission Indians for the use of the Lacouague Building, Room 3 ,
for administrative/organizational purposes in the amount of $992 per month, until
June 30, 2016, at which time the monthly fee would increase by the Consumer Price
Index (CPI), not to exceed a maximum of 2%, until the expiration of the License
Agreement on June 30 , 2018 .
NOTIFICATION :
Teresa Romero, Chairperson, Juanefio Band of Mission Indians
Kim Olivares Leone, Secretary/Treasurer, Juanefio Band of Mission Indians
All property owners with in 500 feet of the site have been notified.
A TT ACHMENT(S):
Attachment 1 -Juanefio Band of Mission Indians Letter
Attachment 2 -2014 License Agreement
Attachment 3 -Mailing List Property Owners within 500 feet of the site
Attachment 4 -Site Map
Juanefio Band of Mission Indians
Acjachemen Nation
April 29, 2014
Mrs. Cyntnia Alexander
Commun ity Services Director
San Juan Capistrtmo, CA 92675
Dear Cynthia,
Tribal Council
Teresa M Romero-C'hmrwom:m
Kml Ohvaacs Leone-S~-crctarytrrcasurcr
Rulhil' Ann "C'()(>kie'' Stoffel -M~mb<.-r ut Large
This is our formal request to renew our License Agreement with the City of San Juan Capistrano
for a portion of the Lacouague Building, also known as the Old Fire Station. Room #3. We are
formally requesti ng to negotiate a minimal number of c hanges that we believe will be amenable
to the C ity, those changes are: the monthly fee would remain $992 per month , until July I, 20 16,
at which ti me the monthl y fee would increase by the Consumer Price Index (CPI), n ot to exceed
2% of the June 30, 2016, monthly fcc , until the end of t h e agreement and a four (4) year license
agreement.
Jn addition, please accept this Jetter, as official notification to the ch ange of o ur Tribal
Government. Ms Jacque 1 ahuka-Nunez and Ms. I Ieidi H arper Perez both resigned their positions
on Tribal Council and are no longer spokespersons for the Tribal. Please direct a ll
cor respondence to my attention or our Chairwoman, Teresa M. Romero.
Teresa M. Romero-Chairwoman
Kim Olivares Leone-Secret ary(freasurer
Ruth1e Ann ··cook1e" Stoffel-Member at Large
Thank you for your time and we look forward to h~ring from you in the ncar future.
Kim Olivares Leone
S ccrctary IT reas urer
Juancfio Band of Mission indians, Acjachcmen Nation
ATTACHMENT 1
31411-A La Matan/.11 Sut:.:t Sura Juan Capistrano CA 92675-2674 Phone (949)41ll!-J4H4, Fax (949)488-3294
www.juan~:oo.com
JUANBAN-01 &ALBRECHT
.A C~RD CERTIFICATE OF LIABILITY INSURANCE I DATE jtlMIODIYYYY)
'----' 4/18/2014
THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RJGKTS UPON THE CER11FICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVfLY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES
BELOW. THIS CERTlFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTlFICATE HOLDER .
IMPORTANT: If the oertlfloate holder Is an ADDmONAL INSURED, the polk:y(les) must be end0111ed . If SUBROGA110N IS WAIVED, sub~ct to
tho terms and conditions of the policy, certain policies may require an endorsement. A atatemont on this ce rtlftcste does not confer rights to the
cortlflcoto h older In lieu of such andorsament(a}.
I'RODUC91 '=fCT
Albrecht lnaura.nca Services ~l,~o.iit)• (916) 645·2926 I ~.No~ (9 16) 434•9116 915 Hlfthland Pointe Drive, Sullo 250
Rosev lo, CA 9S678 Aiioiuiaa.
INI\IRER[S APFOIID(NO COVEMOI! IWC!
---INsuRER~: Nautilus Insurance Compa__!'y_
INSUIUD IH SURiiR B: -
Juanono Band of Minion Indiana IN81JAERC :
31411 A. La Matanza St. IN8UAERO :
San Juan Capistrano, CA 92675 INSUAERf:
IHSUIU!II.F :
COVERAGES CERTIFICATE NUMBER · RI!VISION NUMBER·
TH IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISl ED BELOWHAVEBEENISSUEOTOTHEINSUREDNAMEDABOVEFORTHEPOliCYPERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONO ITION OF ANY CONTRIICTOROTHERDOCUMENTWITHRESPECT TOWHICHTH IS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THS POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
~~M_ rtPt! OF INSURANCE "'!;'~ ~ PClliCV.._.. J~!'!,!llU'~!'-UMI'I8
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POliCY 0 ~f8f u lOC PRODUCTS -CCM'IOP .AGG s Included
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IW'f PROI'RETORJPAA'IliERIE>:EC\IllVE 0 N/A E.L EACH ACCIDENT s OFFICER/MEMBER EXO.UDEO?
(Mandalory .. NH} E.L DISEASE · EA EMPI..OYE I
g~c= o'f'DI"EAATIONS l>oiPw E.L DISEASE -POliCY LIWIT LJ_
D£1CRIP'IIOt4 OF OPEIIA110Hll/ LOCAnOHa /YIIHICLES (ACORD 10 1, Adflllonol ... .--dulo, 0111)' be -.lwdll mor .. pooo lo ~··-'J
Tho City of San J11an Capistrano 11 listed as a n additional 1.,.11rld.
CERTIFICATE HOLDER CANCELLATION
SHOULO AHY OF THE llfiOVE DESCRIBED POLICIES BE CANCELLED BEFORE
The City of Sa n Juan Capletrano THE !XPIRATION DATE THEREOF, NOTICe WILL BE DELIVERED IN
32"00 Paseo Adet.nto ACCORDANCE WITH ntE POliCY PROVISIONS.
San Juan Capi strano, CA 92875 AuntORIZED IIEffifiSCHTAllVE
I ~~
@ 1988-20 14 ACORD CORPORATION . All righla reseJVed.
ACORD 25 (2014/01) The ACORD nama and logo are reglalered mar lul of ACORD
POLICY NUMBER: NN431048 COMMERCIAl GENERAl liABiliTY
TH IS ENDORSEMENT CHANGES THE PO LI CY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED • PRIMARY AND NONCONTRIBUTORY
This endorsement modifies Insurance provided under t he following:
COMMERC IAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additi onal Insured Person(s) or Organlzatlon(a):
The City. of San Juan Capistrano
Locatlon(e) of Covered OperatJo na:
32400 Paseo Adelanto, San Juan Capistrano, CA 92675
Description of Work Performed for the Additional Ins ured:
Bvents
A. Section II -Wh o Is An Insured Is amended to Include as an addiUona l Insured the person (s) or
organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage"
or "personal and advertising injury• caused, In whole or In part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
In t he performance of your ongoing operations for the additional insu red at the locatlon(s) designated lri the
Schedule, but only for occurrences or coverages not otherwise excluded In t he policy to w hich th is
endorsement applies.
B. With respect to the insurance afforded to the additional Insured, the following additional exclusions apply:
This insurance does not apply to "bodily injury'' or "property damage• occurring after:
1. All work, Incl uding materials, parts or equipment furnished In connection with such work, on the project
(othe r than service, maint enance or repairs) to be performed by or on behalf of the additional Insured at
the location of the covered operations has been compl eted; or
2. That portion of "your wort<" out of which the Injury or damage arises has been put to Its Intended use by
any person or o rganization other than another c<>ntractor or subcontractor engaged In performing
operations for a principal as a part of the same project.
C. The following Is added to 4 .a. of Other Insur ance of Section IV -Commercial General Liability
Conditions:
If required In a written contract, your policy is primary and noncontributory in the event of an occurrence
caused, In whol e or In part, by your acts or omissions, or the act s or omissions of those acting on your behalf
that occurs while performing ongoing operations for the additional Insured at the locatlon(s) designated in the
Schedule.
All other terms and conditions of this policy remain unchanged.
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JUA,..,l:NO BAND Of MI SSION INDI ANS
C1858819
OS/2:l/19CJ3
ACT IV£
CALifORNIA
31~11-A LA MIITAN7A ST
SAN JUAN CAPISTRANO CA 92675
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Agent Addr ess: 31411 A LA MATA~ZA ST
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5/14/2 014
LICENSE AGREEMENT
This License Agreement ("License") is made this 3 rd day of June 2014 ("Effective
Date"), by and between the City of San Juan Capistrano ("City"), and the Juaneno Band
of Mission Indians, a non-profit corporatio n ("Licensee ").
RECITALS :
WHEREAS , Licensee desires to utilize , for Tribal Headquarters purposes, a
portion of the Lacouague Building, Room 3, of the Old Fire Station Complex, located at
31411 La Matanza 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 License.
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 , Room 3 , for T ribal Headquarters purposes
only.
The portion of the Lacouague Building , Room 3 , which is the subject of this
License is specifically described in the site plan attached hereto as "Exh ibit A" and
incorporated herein by th is reference ("License A rea"). The Lacouague Building , is
referred to herein as the "Site ."
Under th is License , Licensee has the right and sole discretion to supervise ,
manage and serve members of the publ ic who enter the License Area .
Licensee represents that it is recognized by the State of California as a 501 ( c)(3)
non -profit organization . Licensee understands that its non-profit status is a substantial
inducement for the City to grant this License . Licensee agrees to maintain its non-profit
status as a condition of this License . Failure to maint~in this non -profit status shall be
considered a breach of this License, subject to the termination provisions set forth in
Section 11 herein .
SECTION 2. ALLOWABLE USES
Unless Licensee obtains prior written approval from the Director of Commun ity
Services pursuant to Section 1 O(a) of this License, Licensee shall not utilize the License
-1 -
ATTACHMENT 2
Area for any uses than those specifically set forth in "Ex hibit 8 ", attached hereto and
incorporated herein by this reference .
SECTION 3. TERM OF LICENSE
The term of the License shall be four (4) years from the Effective Date . The
License may be renewed , upon the mutual written agreement of both parties .
In addition , Licensee is hereby granted a 90-day holdover period with respect to
the term , wherein , Licensee may occupy the License Area for up to 90 days to
accommodate any need Licensee may have to move its operations to another location .
During this holdover period , Licensee shall continue to pay a monthly fee in the amount
set forth in Section 5 of this License .
SECTION 4. UTILITIES
Licensee shall be responsible for the cost of all utility services required in
conducting its operations in the License Area authorized under this License . Gas, water
and electrical fees are part of the monthly fee set forth in Section 5 of this License .
Telephone , television, cab_le or Internet services and any other expenses related to
these services are the sole responsibility of Licensee.
Licensee shall be responsible for opening and closing the License Area for
installation, repairs . and/or removal of these services. City staff will not meet vendors for
delivery , installation , repair, or removal appointments.
SECTION 5. PAYMENT
Licensee shall pay to the City a monthly fee in the amount of nine hundred and
ninety-two dollars ($992 .00) from the Effective Date through June 30 , 2016 . Beginning
July 1, 2016 through the end of the term (including any holdover period), the monthly
fee shall be increased based on the Consumer Price Index (CPI), not to exceed 2% of
prior monthly fee ($992.00) for the remainder of the License . Licensee shall agree to
make payment payable to the City on or before the first day of each month. The check
shall be made payable to the City of San Juan Capistrano. The monthly payment shall
be submitted directly to the Community Services Department, located at the Community
Center, 25925 Camino del Avion, San Juan Capistrano, CA 92675 . Monthly payments
are deemed late if not received within ten (10) calendar days thereafter.
SECTION 6. MAINTENANCE, REPAIRS, AND IMPROVEMENTS
(a).Restoration Requirement. City retains the right to require that Licensee
restore the License Area to its condition prior to Licensee's occupancy when
Licensee vacates the License Area. If Licensee does not restore the License
-2 -
Area to the original cond ition upon vacating the Site , 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
shall pay this invoice within sixty (60) days of the postage date . Further , any
damage resulting from Licensee's use of the License Area shall also be
corrected at Licensee's sole cost and expense.
(b) Repairs and Damages . City shall be responsib le for any major structural
repairs to the Site , 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 Site . 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.
If the Site is unusable due to damage or destruction , the monthly fee shall be
suspended until the use of the License Area is restored .
(c) Custodial Responsibi lities . Licensee shall be responsible for al l arrangements
and costs to provide custodial service to the License Area . City shall be
responsible for all arrangements to provide custodial service for the
restrooms on the Site .
Licensee and/or the custodial staff shall be resp o nsible for placing rubbish
and recyclable materials in the appropriate lo cked dumpste r located on the
Site . They shall further be respons ible for locking that dumpster after each
use. This dumpster shall be kept locked at all times when not in use .
(d ) Tenant Improvements. Licensee shall submit to the Community Services
Department, in writing , any desired changes/improvements to the License
Area . 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
License Area . All improvements and the ir maintenance shall be the financ ial
responsib ility of Licensee .
SECTION 7 . RESERVATIONS TO CITY
City reserves the right to enter the Site at any reasonable time for the purpose of
inspection and/or repa irs 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 License Area . The City will have a key to the
Li cense Area , for emergency or ma intenance purposes .
-3 -
SECTION 8. CONDITION OF PREMISES
Licensee agrees to accept the License Area in "as is" condition , and agrees to
assume all further liability aris i ng out of the condition of the License Area, once a final
inspection is completed jointly by both parties.
SECTION 9. INSURANCE/INDEMNITY
Insurance required herein shall be provided by Admitted insurers in good
standing with the State of Californ ia and having a minimum Best's Guide Rating of A -
Class VII or better.
(a) Comprehensive General Liabi lity. Throughout the term of this License and
any holdover period, Licensee shall maintain in full force and effect
Comprehensive Genera l Liab il ity coverage in the following minimum
amounts:
$500 ,000 property damage;
$500 ,000 injury to one person/any one occurrence/not limited
to contract ual period ;
$1 ,000 ,000 injury to more than one person/any one
o ccurrence/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 certif ication that the insurance
requirements of this License have been satisfied .
(c) Notice of Cancellation/Termination of Insurance . The above policy/policies
shall not terminate , nor shall they be canceled , nor the coverage's reduced,
unti1 after thirty (30) days' written notice is given to City, except that ten (1 0)
days' notice shall be given if there is a cancellation due to fai lure to pay a
premium .
(d) Indemnity. To the greatest extent allowed by law, Licensee shall indemnify,
protect, defend , and hold City and its elected and appointed officials and
employees harmless from and against any and all actions, suits, claims ,
demands, judgments , attorneys' fees , costs , damages to persons or property,
l osses, penalties, obligations, expenses or liabilit ies (herein "c laims " or
"liabilit ies") that may be asserted or claimed by any person or entity arising
from or in connection with the willful misconduct or negligent acts, errors or
omissions of Licensee and its agents, representati ves , contracto rs ,
-4 -
employees or volunteers relating to or ari sin g ~rom Licensee's operations ,
programs , use , activities, work or things done , permitted or suffered by
Licensee on, in or about the Site or elsewhere and any and all claims , losses ,
actions , damages and liabil ities arising from breach or default in the
performance of any obligation on Licensee 's part to be performed under the
terms of this License , or arising from any act or omission of Licensee, or any
of Licensee's agent s , representatives , contractors, employees or volunteers,
including reasonable attorneys' fees and all costs incurred by City in such
action in connection herewith ..
SECTION 10. CONDITIONS OF OPERATION
(a) Licensee 's hours of operation shall be limited to 9:00 a.m. to 5:00 p .m.,
Monday through Friday. Allowable uses shall be limited to the uses set forth
in "Exhibit B". Subject to the advance written consent and approval of
Community Services Director in his or her sole and absolute discretion , and
subject to terms and conditi ons as may be prescribed by Commu nity Services
Director (including but not limited to in.surance and indemnity), the parties
may expand the hours of operation and the l ist of allowable uses for the
License Area . ·
(b) Licensee shall , at all t imes, keep City advised of the name, address , and
telephone number of the person responsible for Licensee's operations on the
License Area .
(c) Licensee shall , at all times , keep City advised of the name and telephone
number(s) of two pe rsons who can be contacted in the event of an
emergency.
(d) Licensee shall , at all times , take and ma i ntain 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 of each year, to the Commun ity Services Director, in accordance with
City Council Po licy 014 . The report shall include:
1. Disclosure of all activities the Licensee has condu.cted both at the License
Area 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(s) of residence of citizens receiving benefits from activities ,
including meetings , classes, events , services.
4. Description of any routi ne maintenance of the License Area .
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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 .
(f) Parking spaces adjacent to the Site 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 Complex parking l ot per
availability and the public parking lot on the corner of El Horne Street and
El Camino Real.
2 . All 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
Horne and La Matanza . That area is to remain available for the residents
and their guests to park.
Licensee sha ll be responsible for ensuring that ·attendees park in the
permitted areas in a legal manner.
(g) Restrooms shall be kept locked when not in use. Licensee shall ensure
restrooms are locked after each use and at the close of business daily, as
well as after special use at times other than during the regular business day.
(h) Licensee shall be responsible for all furniture, equipment, and supplies for the
License Area . All items brought in by Licensee shall be removed at the end of
the term of the License, including any applicable holdover period. Subject to
the holdover period set forth in Section 3 of this License, City does not grant
permission for items to remain in the facility once the term of the License
ends.
(i) 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 11. TERMINATION
(a) This License may be terminated upon the default of one of the parties. In the
event of a dispute between the parties , the parties 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
License may be unilaterally terminated by the non-defaulting party.
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(b) City and Licensee shall have the right to terminate this License without cause
by giving ninety (90) days advance written notice of te rmination to the oth er
party.
(c) Upon termination of this License , Licensee s hall , at Licensee's so le cost and
expense , remove all equipment and materials and restore the License Area to
its o riginal condition, exce pting only no rmal wear and tea r , acts of God and
repairs required to be made by City hereunder.
SECTION 12. ENTIRE AGREEMENT
This License contains the entire agreement of the parties hereto with respect to
the matters cove red herein, and no other previous agreement, statement or promise
ma d e by any party he reto w hich is not contained herein shall be binding or va lid.
SECTION 1 3 . GENERAL PROVISIONS
(a) Notices . All notices, demands , consents, or other communications required to
be given under this License 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 Director
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano , CA 92675
To Licensee:
Teresa M . Romero , Chairwoman
Juaneno Band of Mission Indians
31411 La Matanza Street, Room 3
San Juan Capistrano , CA 92675
(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 License, 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.
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[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this License on the day and year
first above written.
CITY OF SAN JUAN CAPISTRANO
By:
Sam Allevato, Mayor
J UA NENO BAND OF MISSION IND IA NS
By:
Teresa M. Romero , Chairwoman
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM :
Han Van Lighten, City Attorney
Attached Exhibits: A . Site Diagram
B. Allowable Uses
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Exhibit A
Site Diagram
Lacouag ue Building: 31411 La Matanza Street
Peridng
Room#1
(Lounge)
790 sq. ft .
Room#2
Me~tlng Room
(Nutrition Room)
985 sq. ft .
Exhibit 8
Allowable Uses for
Lacouague Buildi ng , Ro om 3
• Adm inist rative office hours to the Tri ba l office shall be 9:00 a.m. to 5:00 p.m.,
Monday through Friday . Weeke nd and evening usage wi ll be minima l, with an
attend an ce of 10 people or less on those various weeken d usages. Except ion :
Tribal General Council meetings .
• Tribal General Co uncil meetings are he ld on th e third Saturday of each month
from 1 :00 p.m. to 4:00 p.m. See Section 1 O(f) reg ardi ng pa rkin g restrictions. Th e
use of t he Lice nse Are a will be f or t he T riba l Counc il officers (5) usua lly meeting
on Thursday evenings un til10:00 p .m.
• Tribal committee meetings are h eld on various days throughout each month ,
usua ll y du ring business hours . T hese comm ittees have an attenda nce of 10 or
less .
• T he License Area wi ll be arranged in such a way as to permit open areas for
meet ings, cl asses, an d projects .
• Licensee shall confine use of the Site to indoor us ag e of the License Area, on ly .
Picni cki ng or gathering on the lawn area located at the corner of El Horno 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 only .
Li censee may not utilize the Site for any other uses than those specifically established
in this License .
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M ailing list for the Juaneiio Band of Mission Indians License Ag reement
Agenda Report to Cit y Council June 3, 2014
ARM ITAGE, DAVID & DIANE MARTINDALE, SUSAN M
AGUILAR, EM ILIO & ELV IRA MCCRI LLIS, JAMES G
AGUILAR, SALVADOR G & ROCELIA V MCHUGH, PAUL V (TR) MCHUGH FAM ILY TRUST
AGUIRRE, RAMIRO MEEKER, GARRY MICHAEL
ANSTEAD, CONRAD A & KARE N M MISSION BAS ILICA SA N JUAN CAP ISTRA NO
AUST IN , RONALD W & REBERT A A MONKRES, DOYLE & DIANE
AVITIA, DAVID L NAUJOCK, CLAUDE A
BROWN, TONY & MARYORR NUNEZ, EDWARD R & JACQUEL IN E S
CAP ISTRA NO UNIFIED SCHOOL DIST. OSORIO, JOSE M & MARIA A
CLOTH IER, W ILLIAM G & LAN ANH PALMER, LISA
CO NTRERAS, AGAPI TA PANDO, AGUSTI N E & JOYCE MAR IE
CROWLEY, PATRICK PU EL MA, JORGE & ESTELA B
DA ILEY, PATRICK F PUELMA, JORGE & ESTELA B
DAMO N, IV ALI NE L RAMOS, JAMES 0
DISMANG, GLEN N W REY ES, PRIM ITI VO CERVANTES
DUFFY, RICARDO R Reyes, Rudy
LA NDES, LAWRENCE D & MARGARET M RIOS, A NT ONIO
ENTWISTLE, THOMAS D & MARLA JEAN ROH DE, JOACHIM & ANGELA
ERDE LAC, STEVE J & SARA L ROSENBAUM, CAROL
EWI NG, DAVID EARL & REAGAN KIMBERLY SANCHEZ, JUD ITH A
FREEMAN, ER IC J SAN DOVA L, SALVADOR & V ICENTE
GAST ELUM, ALICE R SECOR, M ICHAEL KENT
GASTEL UM, MICHAELA SEYMOUR, JOSEPH & LAUR IE SCHWEICKERT
GERMANN, NICOLAS X & TIMOTHY D SHEA-HAN, BARBARA
GO NZALES, OCTAVIO M & KYN L SHERRILL, FRANCES L
GO NZALEZ, ELENA SMITH, DOUGLAS G & DIANE A
GO NZALE Z, EL ENA SMITH, MAR IE ANNffiE
GROVER, EVAN B & SUSAN R STODDER, M ARK
GUIBAULT, MARLENE SWEEN EY, SEAN
HAMM IN G, JOYCE 0 THO M ASON, FRED & W INONA
HAMPTO N, EDWARD TOOMEY, KATHY E
HO FFMAN, DENN IS R TUCKER, TODD & DAWN
HOROW ITZ, MARTHA E Vance, Jim
LOHRBACH, JA NE VASQUEZ, CECELIA F
IMLAY, MICHAEL T & KATHLEE N WAKEMAN, BR IAN L
ISCH, ELISABETH S WARREN, TY LER
ISCH-HEWE LL, V ICTORIA T W ITI, KENNETH B & SH IRLEY J
JUENEMANN, M ICHAEL E & PATR ICIA A WOMANS CLUB OF SAN J CAP ISTRANO
KNELL, ERIK WARNER YOUNG, CELIA
KOSCAK, ROSALIND
LOPEZ, JOSE RAMON & IRENE
MALDONADO, LUIS & ELISEO
MANKAW ICH, JOS EPH C
MANNING, GERALDS ATTACHMENT 3
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THE C ITY OF
SAN JUAN CAP ISTRANO
N
A
Old Fire Station Complex
Lacouague Building (Room 3)
31411 La Matanza
0 3000 6000 90 00 Feet !!!!!!!!!!!!!!!!!!!!!!!!liiiiiiiiiiiiiiiiiiiiiiii~!!!!!!!!!!!!~·
Attachment 4