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 A 1.!. COMloiEIICIAL OEN&ItAI. IJAIIIUTY fACti OCCURRENCE s 1,000,000 n ctAI~ [!]OCCUR 04/17120f4 0.,17/.2015 -~'R fOO,OOQ NN43t048 PIU;Ml!~!~~-~ $ MEO E.XP (l'<ly ono 1MB011! s __ 5,00~ r- 1-PERSONAL & ADV INJURY I 1,000,000 Rl. AGGREGATE LIMIT APPliES PER; GENERAl AGGREGATE $ 2,000,000 POliCY 0 ~f8f u lOC PRODUCTS -CCM'IOP .AGG s Included 0111ER: $ AUTOMOBILE UABIIJTY 1 ~~~~r~,....,,uM•r s 1- Atl'f AUTO BODilY INJURV (l'erp..,_) s r-AU.OWN£0 r--SCHEDIJI.EO 1-AUTOS 1--AUTOS IIOOil V INJURY (Per aocic!eol) $ NOIHl'Mj EO -~~~~~AMIIGE I 1-HIRED AUTOS 1--AUTOS 0 $ 1-U~UAB [i~~ EACH OCCUAIWICE s 1-EXCI!SS ~ ClAIMS MADE A.GGREGI\TE I OED Tl-RETENTION J s WOJU<ERS C:ONPPiliATlOit I~TUTE I ~~~ AHO EM PLOYERS' UABIUT'I Y/N 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. L803 (06107) lndudes copyrighted material ot lnsuriiiiCG Sorv,ces Otlloe, Inc., with Its pEI(mlslllon . Bus iness S ea rc h -Bu<;tn ess Entiti es -Busi ness Prog rams Page I o f I Sec retary of St11te Buslnen l!ntltles (BE) Online Sc rvtces -I!-File Statements of Information for Co rporations o Business Search Processing Tlmea Disclosure search Main Page Service Options N•m• Availability Forma, Samplet & Fees Statements of Information {onnudf/btenntal reports) Filing Tips Information Requests {ce rtificates, cop,es ll ~tat u s reports) Service of Process FAQs Contact Informati on Resources Buslnou Ruource• -Tax Information o Starting A Buslneu Customer Alerts Business Identity Theft Misleading Busines s Solicitations http://kepl er.sosoca.go v/ Administration Elections Buf l neu Program• Politi ca l Reform Archives Registries Business Entity Detail Data ts updated to the Catifornta Bus.ness Sedrctt on Wednesday and Saturday morn•ngs. Results re•tect wor k processed throuQh Tuesday, May 13, 2014. Please refer t o Processing Tjm~s for the received dates or filings currently ~1 ng processed. The tlatd pt ovldt:d Is not a complet.-ot certllied record of an entity Entity Name: Entity Number: Date Filed: Status: Jurlsdlc:t ton : Entity Address: Entity Ci ty, State, Zip : 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 Agent for Service of Process: KIM OLIVARFS I [QNf Agent Addr ess: 31411 A LA MATA~ZA ST Agent City, State, Ztp: $1\f\ JUAN CAPISTRANO CA 926/5 • lnUI<:dlh the Information •~ not contained In :he California Secretary of State's database • If thl) status of the corporatton is "Surrencer, • the a9ent for service of process Is autorrat•C<~IIy •E'vOkl'd Please refer to Caltfomta Corporations Code s~ctlon 2114 for Information relat.ng to serv ce upon corporations that have surrendered. • fo, tnformiltion on checking or reservmg a name, rt'fer to Nome Availability • For tnlormation on ordl'rlng C'e r tlflcates, cop~~~ of dorumPnts and/or status reports or t o reQuest a mote extensive search, refer to Information Requests • For he p with searchtng an entity name, refer to Search Tips . • For descrrpttons of the v1rtous fields and status types, refer to Field Descriptions and Status oe;inltlons Modify Search New Search Printer Friendly Back to Se11rc h Results Prlv1cy Stare.ment 1 f ree Ooc ument Readers Cu~yflghl () 10t4 Co lornot> Seodusry ol Stot~ 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 . -5 - 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. -6 - (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. -7 - [SIGNATURE PAGE TO FOLLOW] -8 - 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 -9- 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 . -11 - 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 - - - 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