14-0603_JUANENO BAND OF MISSION INDIANS_License AgreementLICENSE AGREEMENT
This License Agreement ("License") is made this 3`d day of June 2014 ("Effective
Date"), by and between the City of San Juan Capistrano ("City"), and the Juanerio Band
of Mission Indians, a non-profit corporation ("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 Tribal 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 "Exhibit A" and
incorporated herein by this reference ("License Area"). The Lacouague Building, is
referred to herein as the "Site."
Under this License, Licensee has the right and sole discretion to supervise,
manage and serve members of the public 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 maintain 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 Community
Services pursuant to Section 10(a) of this License, Licensee shall not utilize the License
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Area for any uses than those specifically set forth in "Exhibit B", 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, cable 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 6. 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
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Area to the original condition 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 responsible 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 Responsibilities. Licensee shall be responsible for all 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 responsible for placing rubbish
and recyclable materials in the appropriate locked dumpster located on the
Site. They shall further be responsible 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 their maintenance shall be the financial
responsibility 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 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 License Area. The City will have a key to the
License Area, for emergency or maintenance purposes.
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SECTION 8. CONDITION OF PREMISES
Licensee agrees to accept the License Area in "as is" condition, and agrees to
assume all further liability arising 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 California and having a minimum Best's Guide Rating of A -
Class VII or better.
(a) Comprehensive General Liability. Throughout the term of this License and
any holdover period, 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 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,
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) 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,
losses, penalties, obligations, expenses or liabilities (herein "claims" or
"liabilities") 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, representatives, contractors,
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employees or volunteers relating to or arising from 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 liabilities 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 agents, 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 conditions as may be prescribed by Community Services
Director (including but not limited to insurance and indemnity), the parties
may expand the hours of operation and the list of allowable uses for the
License Area.
(b) Licensee shall, at all times, 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 persons who can be contacted in the event of an
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 of each year, to the Community Services Director, in accordance with
City Council Policy 014. The report shall include:
1. Disclosure of all activities the Licensee has conducted 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 routine 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 lot per
availability and the public parking lot on the corner of EI Horno Street and
EI 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 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 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.
EM
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed this License on the day and year
first above written.
CITY OF SAN JUAN CAPISTRANO
If do =54"FUM
-.
JUANENO BAND OF MISSION INDIANS
B
eresa Rom ro, Chairperson
ATTE flu
Man rri , City C erk
I
OV D S TO FORM:
Van Ligten, City Attorney
Attached Exhibits: A. Site Diagram
B. Allowable Uses
Exhibit A
Site Diagram
Lacouague Building: 31411 La Matanza Street
Room #1
(Lounge)
780 sq. fL
.. Room #2
Meeting Room
(Nub itlon Room)
865 sq. it.
Kitchen
R
O
RewpUon Office PIWV E
340 eq. R411 _
Exhibit B
Allowable Uses for
Lacouague Building, Room 3
• Administrative office hours to the Tribal office shall be 9:00 a.m. to 5:00 p.m.,
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 p.m. to 4:00 p.m. See Section 10(f) regarding parking restrictions. The
use of the License Area will be for the Tribal Council officers (5) usually meeting
on Thursday evenings until 10:00 p.m.
• 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 License Area will be arranged in such a way as to permit open areas for
meetings, classes, and projects.
• Licensee shall confine use of the Site to indoor usage of the License Area, only.
Picnicking or gathering on the lawn area located at the corner of EI 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.
Licensee may not utilize the Site for any other uses than those specifically established
in this License.
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