06-1919_SOUTH ORANGE COUNTY COMMUNITY THEATRE_License Agreement0
2006-2007
LICENSE AGREEMENT
This License Agreement is made this 19th day of September, 2006 (the
"Agreement") by and between the San Juan Capistrano Community Redevelopment
Agency, a public body corporate and politic (hereinafter "Licensor"), and the South Orange
County Community Theatre, a California non-profit corporation (hereinafter "Licensee").
Section I Grant of License
a) Licensor hereby grants to Licensee a license to utilize a portion of the building
structure at 31776 EI Camino Real for the purpose of operating a theatre/playhouse for the
performing arts as depicted in Exhibit A.
b) This grant of license is nonexclusive in that Licensor or the City of San Juan
Capistrano (hereinafter "City") shall have the right to utilize the Property for its public
purposes so long as seven (7) calendar days' advance notice is given to Licensee, and the
use will not unreasonably interfere with Licensee's theatre activities. In this regard, Licensee
must, upon request from Licensor or City, make not less than ten (10) hours of normal daily
work time (that is, 8:00 a.m. through 8:00 p.m.) per week available to Licensor or City for
their public use needs. Licensee shall take reasonable efforts to coordinate the scheduling
of its activities with the scheduling needs of Licensor and City.
c) Licensor and Licensee agree that this theatre use has been, from its inception,
and continues to be a temporary use of the property until such time as Licensor determines
what permanent use shall be instituted at the site and that Government Code Sections 7260,
et seq., have no application to this Agreement. Licensee acknowledges Licensor has no
obligation for the relocation of person or persons, business or businesses, as other occupant
or occupants located on the property or the compensation for Licensees improvements,
fixtures, furniture, equipment or goodwill whatsoever.
Section 2 Term
The term of this license shall be for one (1) year from the date of execution.
Section 3 Nature of Use and Activities Permitted Under the Agreement
The Property subject to this license shall be used only for a theatre/playhouse for the
performing arts, and the advancement of performing arts and for no other use. The
performing arts include live theatre, film, music, comedy, dance, story telling, opera and
improvisation. Other activities permitted include youth theatre classes, acting lessons and
set development for the advancement of performing arts and as a staging area for plays that
have been permitted in the Historic Town Center Park.
The Playhouse may serve beer and wine on-site subject to the terms of their
Conditional Use Permit 05-04 (Planning Commission Resolution 05-07-12-2) attached hereto
and incorporated herein as Exhibit B.
Page 1 of 5
0 0
Section 4 Consideration
In consideration of this grant of License, Licensee shall:
a) Pay to the Licensor the sum of One Hundred Dollars ($100.00) for the term payable
within 15 days from execution of License; and,
b) Meet the submission requirements of City Council Policy Number 014 provided as
Exhibit C attached and incorporated herein; and,
C) Submit seasonal reports of attendance at theatre/playhouse productions. These
reports should reflect date, title of the production, number of production attendees
(audience) and total dollar amount of ticket sales. These reports are due 15 days after the
end show and an annual report summarizing the information is due at the end of the
season. The Season period runs from September through August; and,
d) Have its' Board of Directors submit a progress report on the Theatre's
implementation of its medium and long-term goals and objectives. The report should include
an updated transition strategy for vacating the building located at 31776 EI Camino Real.
The progress report shall be submitted within six (6) months of execution of License; and,
e) Licensee shall not use the building structure or city facilities and grounds in
connection with any political elections, political or religious activity.
Section 5 Parking
Licensee acknowledges that there is no dedicated parking area for the Property.
Licensor shall have no obligation to provide for Licensee's parking needs.
Section 6 Utilities
Licensee shall pay directly to the appropriate utility company all charges for utility
services supplied to Licensee for which there is a separate meter and/or sub meter to the
property. Licensee agrees to pay to Licensor its share of all charges for utility services
supplied to the Property for which there is no separate meter or sub meter.
Section 7 Condition of Premises
Prior to execution of this Agreement, there shall be a walk-through of the Property.
If any violations of any of City's building and fire codes are found to exist, they shall be
cured prior to Licensor's approval of this Agreement.
Section 8 Maintenance of Property
The Property shall be maintained in full compliance with all of the City's Building and
Fire code regulations.
Page 2 of 5
0
a) Licensee shall not, without Licensor's prior written consent make any alterations,
improvements, additions, or Utility Installations in, on or about the Premises. The term
"Utility Installation" shall mean air lines, power panels, electrical distribution systems,
lighting fixtures, space heaters, air conditioning, plumbing, and gas. Licensor may require
that Licensee remove any or all of said alterations, improvements, additions or Utility
Installations at the expiration of the Term, and restore the Premises to its prior condition.
Should Licensee make any alterations, improvements, additions or Utility Installations
without the prior approval of Licensor, Licensor may require that Licensee remove any or all
of the same.
b) Any alterations, improvements, additions or Utility Installations in, or about the
Premises that Licensee shall desire to make and which requires the consent of the
Licensor shall be represented to Licensor in written form, with proposed detailed plans. If
Licensor shall give its consent, the consent shall be deemed conditioned upon Licensee
acquiring a permit to do so from appropriate governmental agencies, the furnishing of a
copy thereof to Licensor prior to the commencement of the work and the compliance by
Licensee of all conditions of said permit in a prompt and expeditious manner.
c) If, at the end of the Term or earlier termination as herein provided, Licensee has
left any merchandise, equipment or fixtures in or about the Premises, Licensor may give
Licensee written notice to remove said property. In the event said property is not removed
within ten (10) days of the sending of said notice, Licensor may dispose of said property in
any manner whatsoever, and Licensee hereby waives any claim or right to said property or
any proceeds derived from the sale thereof.
Section 9 Insurance and Hold Harmless Indemnity
a) Insurance. Licensee shall maintain general liability with a reputable insurance
company in amounts of not less than $1,000,000.00 combined single limit. Licensee shall
submit the insurance certificates and endorsement forms, naming the Licensor as additional
insured to the Licensee's general liability policy, to the City Clerk's office for certification that
the insurance requirements of this Agreement have been satisfied.
b) Indemnity. Licensee shall defend, hold harmless, and indemnify Licensor, its
elected and appointed officials, and employees, and agents, from any and all losses,
damages, injuries, accidents, costs or expenses (including but not limited to attorneys' fees)
arising out of the exercise of Licensee's rights and obligations under this Agreement.
Section 10 Inspection
Licensor and its designated representatives, employees, agents or independent
contractors may enter and inspect the Property or any portion thereof at anytime and from
time to time.
Page 3 of 5
Section 11 No Assignments
Licensee shall not transfer, encumber, assign or hypothecate this License Agreement
in whole or in part, whether voluntarily or involuntarily nor sublet all or any part of the
Premises and any Improvements without the prior written consent of Licensor, which
consent may be granted or withheld in Licensor's sole discretion.
Licensor acknowledges and consents to the Licensee's contracting with production
companies, individual performers, and teachers to facilitate the activities permitted under
this agreement. Licensor specifically consents to the Orange Curtain Theatre's use of the
property.
Consent to any such assignment or sublicense shall not release Licensee from its
obligations under this License Agreement, and shall not be construed as a consent to any
further or subsequent such assignment or sublicense or be construed as a waiver of the
right to object to any further or subsequent such assignment or license.
Section 12 Termination
Notwithstanding the one-year term of this Agreement, Licensor and Licensee
mutually reserve the right to terminate this Agreement without cause at any time by
providing sixty (60) days' advance written notice of termination to the other party, except
that Licensor may terminate this Agreement immediately if Licensee constructs
improvements in violation of Section 8 of this Agreement.
Section 13 Notices
Any notice required to be given under this Agreement shall be in writing and shall be
deemed to have been duly given and received if and when personally served, or forty-eight
(48) hours after being deposited in the United States mail, first class, postage prepaid,
addressed to the intended party at:
Licensor
San Juan Capistrano
Community Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Douglas D. Dumhart
Section 14 Entire Agreement
Licensee:
South Orange County
Community Theatre
31776 EI Camino Real
San Juan Capistrano, CA 92675
Attn: Tom Scott
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
Page 4 of 5
0
0
IN WITNESS WHEREOF, the Licensor and Licensee have caused this Agreement to
be executed on the date and year first written above.
ATTEST:
I c \
icy Secretary
AS TO FORM:
John R.
Attachments: Exhibit A
Exhibit 8
Exhibit C
Counsel
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public
bocj�poraje and politic
::�/k s i a
Joe S to, Chairman
SOUTH ORANGE COUNTY COMMUNITY
THEATRE, a non-profit corporation
Tom Scott, President
Description of Premises
Conditional Use Permit 05-04
City Council Policy #014
P:\City Ma agedCmgr Share&CRA\Agreement&10ENSE AGREEMENT SOCCT FY 0607.doc
Page 5 of 5
�\
mwa
�
�
k
/}
\ �\
�
»�\
i ` !
wVT
[ {} /--
}�
�\\{
,
r
�\\
/{ƒ
/{{
—!
.
\
/
{ V\
/
�
�\\
)F
�
£ <»
}�
/~
�
�
�
k
/}
\ �\
�
»�\
i ` !
wVT
[ {} /--
b
( §.
r -
CL
rol#irJ0 . ' ®EXHIBIT A
}�
,
r
b
( §.
r -
CL
rol#irJ0 . ' ®EXHIBIT A
0 0
PC RESOLUTION NO. 05-07-12-2
CONDITIONAL USE PERMIT 05-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING A CONDITIONAL USE PERMIT
ALLOWING THE SALE OF BEER AND WINE FOR ON-SITE
CONSUMPTION. THE PROJECT SITE IS LOCATED AT 31776 EL
CAMINO REAL (ASSESSORS PARCEL NUMBER 124-160-55) (CAMINO
REAL PLAYHOUSE).
WHEREAS, The City of San Juan Capistrano (Community Redevelopment Agency)
is owner of real property described as Assessor's Parcel Number 124-160-55 located at
32400 Paseo Adelanto, San Juan Capistrano; and,
WHEREAS, The Camino Real Playhouse has requested approval for a Conditional
Use Permit (CUP) 05-04 to sell beer and wine for on-site consumption to patrons
approximately thirty (30) minutes prior to scheduled performances and during event
intermissions. The permit will include the sale of beer and wine and consumption will be
confined to an internal 240 square -foot guest area and a 256 square -foot exterior deck
area in front of the Camino Real Playhouse and directly adjacent to EI Camino Real. Beer
and wine will be dispensed from an 18" by 48" mobile cart.
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code and reviewed for compliance with the City's
General Plan and the City's adopted Architectural Design Guidelines; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15305 of the California Environmental Quality Act (CEQA) and issued a Class 5
categorical exemption and caused a Notice of Exemption to be posted pursuantto Section
15062 of the CEQA Guidelines, and has otherwise complied with all applicable provisions
of the California Environmental Quality Act (CEQA); and,
WHEREAS, On July 12, 2005 the Planning Commission conducted a duly noticed
public hearing pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City
of San Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan; and;
EXHIBIT B
0
0
PC Resolution 05-07-12-2 2 July 12, 2005
2. The proposed project complies with all applicable provisions of the Land Use Code
subject to the conditions of approval as set forth in Exhibit A attached to this
resolution.
3. The proposed project will not result in an over -concentration of alcohol within the
vicinity of the project site, due to the fact that the Camino Real Playhouse will be
serving small amounts of beer and wine during established times during scheduled
performances.
4. The proposed project will serve the public convenience, due to the fact that the
service of alcohol is intended for theater patrons only during scheduled
performances.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby confirm issuance of a
categorical exemption and approves the project subject to conditions of approval set forth
in Exhibit A, attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00 PM, Wednesday, July 27th,
2005.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2005, by the
following vote, to wit:
AYES: Commissioner Drey, Ratcliffe, Cohen, and Vice Chairman Cardoza
NOES:
ABSTAIN:
ABSENT: Chairman Tim Neely
Robert Ctarrdoza, Vice Chairman
h A JA
Molly :.. U*g Director
PAPlanningWrohNe\CUP PROJECTMOUP0604-Camino Real Playhouse Wine Servloe\CVP 06-04 PCreao-121uy06.dw
E
Project #: CUP 05.04
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
E
RESOLUTION #: 05-07-12-2
1=17IM7fl/_1
CONDITIONS OF APPROVAL
Project Name: Camino Real Playhouse
July 12, 2005
July 27, 2005
July 27, 2007 (if use is not inaugurated by this date)
These conditions of approval apply to Conditional Use Permit # 05-04, a request to sell
beer and wine for on-site consumption to patrons approximately thirty (30) minutes prior
to scheduled performances and during event intermissions. The permit will include the
sale of beer and wine only and consumption will be confined to an internal 240 square -
foot guest area and a 256 square -foot exterior deck area in front of the Camino Real
Playhouse and directly adjacent to EI Camino Real. Beer and wine will be dispensed from
an 18" by 48" mobile cart on the existing Camino Real Playhouse Building located at
31776 EI Camino Real, generally located approximately 200 feet south of Ortega
Highway and approximately 20 feet east of EI Camino Real (APN 124-160-55). Any
proposed change of use or expansion of the area or modifications to the site plan or
structures shall be submitted, to the City Planning Department along with the required
application and fee, for review. For the purpose of these conditions, the term "applicant'
shall also mean the developer, the owner or any successor(s) in interest to the terms of
this approval.
General Conditions:
Conditional Use Permit # 05-04 is granted to serve beer and wine to
patrons approximately thirty (30) minutes prior to scheduled performances
and during event intermissions. The permit will include the sale of beer and
wine only and consumption will be confined to an internal 240 square -foot
guest area and a 256 square -foot exterior deck area in front of the Camino
Real Playhouse and directly adjacent to EI Camino Real. Beer and wine will
be dispensed from an 18" by 48" mobile cart on the existing Camino Real
Playhouse Building located at 31776 EI Camino Real, generally located
approximately 200 feet south of Ortega Highway and approximately 20 feet
east of EI Camino Real (APN 124-160-55). This approval is granted based
on the application materials submitted by Camino Real Playhouse, on
March 22, 2005, prepared by Tom Scott, Agent for the Camino Real
Playhouse including site plan and floor plans. These plans and the
proposed use of the site are approved as submitted and conditioned herein,
and shall not be further altered, unless reviewed and approved by the
affected city departments. Minor modifications to this approval which are
determined by the Planning Director to be in substantial conformance with
the approved site plan, and which .do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
Planning Director upon submittal of an application and the required fee. If
0
Planning Commission Resolution 05-07-12-2
CUP 05-04
0
Final Conditions of Approval
July 12, 2005
Page 2 of 4
not appealed, this approval shall become effective on the first business day
following the fifteenth (15th) day after the date of the Planning Commission's
approval and shall expire July 27, 2007 (24) months after the effective date
of the approval unless the use or occupancy which is the subject of this
action has taken place and all conditions of approval have been met, or a
time extension has been granted by the City. Any application for an
extension of time shall be submitted to the Planning Department, along with
the required fee, at least ninety (90) days prior to the expiration date of this
approval, except as otherwise approved by the Planning Director.
2. _ Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. _ All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. _ The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano, its
officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or condition
of approval of the City Council, Planning Commission, or City Planner. The
City shall promptly notify the applicant of any claim, action, or proceeding
concerning the project and the City shall cooperate fully in the defense of
the matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents in the
defense of the matter.
5. _ The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services related
to the project of their responsibilities to comply with these conditions of
approval and all pertinent requirements in the San Juan Capistrano
Municipal Code, including the requirement that a business license be
obtained by all entities doing business in the City.
6. _ In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
0
Planning Commission Resolution 05-07-12-2
CUP 05-04
0
Final Conditions of Approval
July 12, 2005
Page 3 of 4
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
7. _ The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
8. _ The applicant shall pay all fees at the time fees are determined payable and
comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
10. _ Orange County Fire Authority (OCFA) Approval. The applicant shall secure
OCFA approval prior to commencement to any interior building alterations..
11. _ The applicant shall abide by all conditions of approval as set forth in the
permit issued by the California Department of Alcoholic Beverage Control.
In addition, the applicant shall secure approval and proper permits from the
California Department of Alcoholic Beverage Control and the City of San
Juan Capistrano prior to the service of any alcoholic beverage type not
specified in the approved permit.
12. _ If a violation of the Department of Alcoholic Beverage Control shall occur as
a result of a sale from the above mentioned location, the City may initiate
business license revocation hearings in accordance with the procedures of
Section 3-1.202 (c)(7) of the Municipal Code, and the conditional use permit
may be revoked in accordance with Section 9-2.317(k) of the Municipal
Code.
13. _ The applicant shall meet all of the conditions applied by the Orange County
Health Department prior to obtaining business license permits.
14. _ The applicant shall secure all applicable sign permits in accordance with
Section 9-3.603 of the Municipal Code.
0
Planning Commission Resolution 05-07-12-2
CUP 05-04
0
Final Conditions of Approval
July 12, 2005
Page 4 of 4
15. _ Any building modifications and/or interior alterations necessary to fulfill
Orange County Fire Authority (OCFA), Orange County Health Department,
and Alcohol Beverage Control (ABC) requirements for permits need to have
prior approval by the landlord and City of San Juan Capistrano Building
Department.
16. All alcohol sales shall cease and desist at the end of event intermissions.
Responsible Agencies: B&S
Building and Safety
ENG =
Engineering Department
PLN =
Planning Department
PW =
Public Works Department
OCFA =
Orange County Fire Authority
Date of Approval: July 12, 2005
Resolution No
Effective Date:
05-07-12-x
July 27, 2005
Applicant Acceptance of Conditions of Approval:
By: _..
Applicant �Name/ rPf i Cv Ger
Its:
Title
Date
P:\PlannlnBwmhlve\CUP PROJECTS\3UP0504-Camino Real Playhouse Wine Servlce\SJC City -Standard Conditions of Approval-2005-8.doc
0
0
CITY OF SAN JUAN CAPISTRANO
Subject:
NONPROFIT PUBLIC BENEFIT
CORPORATIONS
COUNCIL POLICY
Effective
Policy
Page Date
Number
1 of 1 2/5/02
014
This policy is hereby created as a means to ensure that non-profit public benefit
corporations that enter into, and maintain, any agreements or relationships, with the City of
San Juan Capistrano, where the City provides a direct subsidy, or leases property at no
rent or minimal rent levels to the non-profit organization, are not organized for the private
gain of any person. The subject organization must be a non-profit organization with
headquarters or a branch office located within the City of San Juan Capistrano.
The subject organization must:
Be organized under the Nonprofit Public Benefit Corporation Law for charitable
purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code.
2. Not carry on any other activities not permitted to be carried on by a corporation
exempt from federal income tax under Section 501(c)(3) of the Internal Revenue
Code.
3. Not dedicate any part of its net income or assets to the benefit of any director,
officer or member of said corporation or to the benefit of any private person.
4. Submit a semi-annual report describing how the agreed upon services or programs
were rendered during the performance reporting period. The report must include:
1. Number of citizens receiving benefits;
2. The city of residence of citizens receiving benefits;
3. Proof of the organization's continued nonprofit status;
4. Disclosure of all activities the organization has conducted on City property, or
with City funds;
5. An account of organization's performance as established in agreement with
the City. Such performance measurement standards shall be negotiated at
the time agreement is entered into, and reflected in said agreement. The
agreement shall also identify to whom the report is to be addressed and
establish the dates when it is due to the City.
6. Information on the total revenue received by the organization during the
reporting period and disclosure of the sources of that revenue.
Failure to submit to the City the required performance reports shall make the organization
ineligible for a continued financial relationship, agreement, etc. with the City of San Juan
Capistrano.
EXHIBIT C