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04-0921_SOUTH ORANGE COUNTY COMMUNITY THEATRE_License Agreement• 0 LICENSE AGREEMENT This License Agreement is made this 21$t day of September, 2004 (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 Section 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 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. C:\douglu\agreement\ License Agreement SOCCT Aug. 30, 2004 Page 1 of 5 SD 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 B attached and incorporated herein; and c) Licensee shall submit quarterly 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 on a quarterly basis, beginning on September 30, 2004. d) Licensee's Board of Directors will develop and submit its medium and long-term goals and objectives including an exit strategy for vacating the building located at 31776 EI Camino Real. These goals and objectives will 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 submeter 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 submeter. 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 Prooertv The Property shall be maintained in full compliance with all of the City's Building and Fire code regulations. C:\douglas\agreement\ License Agreement SOCCT Aug. 30, 2004 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 Indemnity a) Insurance. Licensee shall maintain general liability, property damage, and fire insurance with a reputable insurance company in amounts of not less than $1,000,000.00 combined single limit, or other format acceptable to the Office of the City Attorney. b) Indemnity. Licensee shall defend and indemnify Licensor, its elected and appointed officials, and employees and agents harmless from any and all losses, damage, injury, 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 any time and from time to time. 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 C:\douglas\ag=rnent\ License Agreement SOM Aug. 30, 2004 Page 3 of 5 0 0 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 parry, 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. OWouglu\agre mt\ License Age mt SOCCT Aug. 30, 2004 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: , Agency Secretary APPROVED AS TO FORM: aalj/ M4, )/4�4 1 John R. Shaw, Agency Counsel SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic SOUTH ORANGE COUNTY COMMUNITY THEATRE, a non-profit corporation Tom Scott, President C:\doug1w\agre wt\ License Agreement SOCCT Aug. 30, 2004 Page 5 of 5 > � � % v v - � � a � � � ;}» 3\ g,0 \�\ ,2 % v - � � 3\ -- !- yIa � � £6 e, a m, /zczz Exhibit • EXHIBIT B CITY OF SAN JUAN CAPISTRANO CITY COUNCIL POLICY Subject: Effective Policy Page Date Number NONPROFIT PUBLIC BENEFIT CORPORATIONS 1 of 1 02/05/02 014 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: i. Number of citizens receiving benefits; ii. The city of residence of citizens receiving benefits; iii. Proof of the organization's continued nonprofit status; iv. Disclosure of all activities the organization has conducted on City property, or with City funds; V. 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. vi. Information on the total revenue received by the organization during the reporting period and disclosure of the sources of that revenue. 5. 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. CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Diane Regier, Management Analyst I FROM: Mitzi Ortiz, Deputy City Clerk DATE: August 15, 2005 SITUATION: At their meeting on September 21, 2004 the San Juan Capistrano Community Redevelopment Agency Board of Directors approved a License Agreement with the South Orange County Community for use of the agency owned Pacific Bell building at 31776 EI Camino Real. ACTION REQUESTED: Agreement states term for this license shall be for one year, or September 21, 2005. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: 011( -OS Ce7� 47 tf 14 9 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: �' ,J cen tcc C - - CC SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: S ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 08/15/05 Deadline Date: 09/21/05 (600.40/socct) ACCRA CERTIFICAW OF LIABILITY INSU NCEo %oz/zo a PRODUCER (714)773-0444 FAX (714)773-0196 STAIB Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0522957 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 110 East Wilshire Ave. Ste 409 Fullerton, CA 92832 INSURERS AFFORDING COVERAGE INSURED South O.C. Comm. Theatre S.O.C.C.T. INSURER A: St. Paul Surplus Lines 31776 El Camino Real INSURERS: San Juan Capistrano, CA 92675 INSURER C: OS/21/2005 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MMIDD" LIMITS GENERAL LIABILITY SFOSS29587 OS/21/2004 OS/21/2005 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 100,000 CLAIMS MADE � OCCUR MED EXP (Any one person) S S'000 A PERSONAL& ADV INJURY S 1,000,00 GENERAL AGGREGATE $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1,000,00 X POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT $ (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per parson) HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILTIY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ III DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYEE S E.L. DISEASE -POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLEWEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ity of San Juan Capistrano & Community Redevelopment Agency are named as additional insureds with respects to general liability per 43356 7/85 endorsement attached. "10 days notice for non-payment of premium. CERTIFICATE HOLDER I IADDITIONAL INSURED: INSURER LETTER CANCELLATION AGUKU Zb-b (//97) FAX: (949)493-1053 WAGUKD GUKPUKATION/19all SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano Community Redevelopment Agency Attn: Maria EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adel anto OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE San Juan Capistrano, CA 92675 George Staib CAROL AGUKU Zb-b (//97) FAX: (949)493-1053 WAGUKD GUKPUKATION/19all IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 0 DESCRIBED PERSON OR ORGANIZATION ENDORSEMENT — ADDITIONAL PROTECTED PERSONS This endorsement changes your Commercial Genetal Liability Protection. 0 TM^Stlttui How Coverage Is Changed We explain what we mean by your work in the The following is added to the Who is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Described person or organization. The person or organization shown in the Coverage Summary as a described person or organization is a protected person. But only for covered injury or damage that results from; _ •premises you own, rent or lease; or •your work. Products and completed work total limit section. Other Terms All other terms of your policy remain the same. 43356 Ed.7-85 Printed in U.S.A. Endorsement ®St.Paul Fire and Marine Insurance Co.1985 Page 1 of 1 Jul -02-2004 08:02 From -Stalk Infu10 714 773 0188 • T-880 P 001/003 F -83B ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIM. 07/02/200200 4 PROOUCER (714)773-0444 rA (714)773-0196 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE STAIR Insurance Service HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #OS22957 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 110 East Wilshire Ave. Ste 409 INSURERS AFFORDING COVERAGE Fullerton, CA 92832 INSURED South 0-C. Comm. Theatre S.O.0-C.T. INSURER A' St- Paul Surplus Lines 31776 E1 Camino Real IINURER San Juan Capistrano, CA 92675 INSURER C'. INSURER 0'. INSURER E'. y TME POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICAYED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY DAIO CLAIMS OF INSURANCE ILITY POLICY NUMBER FO5S29S87 DATE IMMID 05/21/2004 05/URRENCE DATE701 LIMITS f 1,000.00 DAMAGE one Am) S 100,00 CIAL GENERAL LIABILITY (Any one person) S S.011) MS MADE OCCUR L i ADV INJURY f 1,000,0 QQ YXPOLICYLIJECT AGGREGATE S 1,000 OQO S-COM—PAG' S 1, QQQ,Q GATE LIMIT APPLIESPER, L00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Eo xcWent) ANYAUTO BODILY INJURY S (PN pMSen) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (ver 11110.1) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S (Pe. acWwn GARAG=LMIL� AONL�EA ACCIDENT S OTHER THAN EA ACC f AUTO ONLY. PGG S AN EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE f OCCUR ❑ CLAIMS MADE S DEDUCTIBLE S S RETENTION f WORKERS COMPENSATION AND TORY LIMITS ER E.L. EACH ACCIDENT EMPLOYERS LIABILITY El DISEASE EA EMPLOYE S CL DISEASE- POLICY LIMIT f OTHER DEBCRIFTION OF OFERATIONNLOCATgNBRTENN:LEEIFXCWSNSNS ADDED BT EN000.9EMENTISPECUL PROVISIONS ity of San Juan Capistrano & Community Redevelopment Agency are named as additional insureds with respects to general liability per 43356 7/85 endorsement attached. "10 days notice for non-payment of premium. CERTIFICATE HOLDER i I ADDITIONAL INSURED; INSURER LETTER CANCELLATION City of San Juan Capistrano community Redevelopment Agency Attn: Maria 32400 Paseo Adelanto San Juan Capistrano, CA 92675 <" UISTI FAX: (949)493-1053 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANGBLLEO BEPOKE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLENDEAVOR TO MAIL 10 _DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Jul -02-2004 08_02 From -Staab Insure 714 773 0196 • T-880 P 002/003 F-838 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing inaurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Jul -02-2004 09:02 From -Staab Insu� 714 773 0196 • T-880 P 003/003 F-838 DESCRIBED -PERSON -OR ORGAN.124TION, ENDORSEMENT - AOOITION'A'L PROTECTED PERSONS This endorsement changes your Commercial General Liatiil'ity'Protection. vwstpdd Now Coverage is Changed We explain what we mean by your work in the Products and completed work total limit Th followin it addedlta the Who Is Protected section. e g... Under This,Agreamentsection. This change .adds certain protected persons and limits their protection. Described person onorganixalion. The person or organiza'tio'n shown in the Coverage Summary as,a described person or orgentzation,is a protected person. But only for covered injury or damage that results from; -premises you own. r,eht or lease; or •your work., Other Terms All other terms of your policy remain the same. 43356 Ed.7-85 Printed in U.S.A. - Endorsement oSt.Paul Fire and Marine Insurance Co.1985 Page 1 of 1 0 Maria Guevara From: Diane Regier Sent: Friday, June 18, 2004 11:01 AM To: Maria Guevara Subject: RE: Insurance Oh on. That's not good is it? OK. I'll call them. Thanks for letting me knowl Diane Diane Regier Management Analyst I City of San Juan Capistrano dreeier@sanivancanistrano.ore <mailto:dreeier@sanivancanistrano.ore> (949) 443-6304 (949) 493-1053 (FAX) -----Original Message ----- From: Maria Guevara Sent: Friday, June 18, 2004 10:40 AM To: Diane Regier Subject: Insurance Hi Diane, FYI - I wil be adding South Orange County Theatre to the non-compliance list next week. Thanks, Maria Guevara, Secretary City of San Juan Capistrano City Clerk Division (949) 443-6309 r� 32400 PASEO ADEIANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org April 2, 2004 South Orange County Theatre P.O. Box 890 San Juan Capistrano, CA 92693 1J«atr, IA[x RAARA1fR ' tsAamsxm � 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN RE: Compliance with Insurance Requirements — Lease of Agency -owned property The following insurance documents are due to expire: ✓ General Liability Certificate 05/21/2004 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano and the Capistrano Community Redevelopment Agency as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 3240 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiion�at�. l))yA( have any questions, please contact me at (949) 443-6309. cc: Diane Regier, Management Analyst I San Juan Capistrano: Preserving the Past to Enhance the Future ACORD. CERTIFICATE OF LIABILITY INSURANCE 0DATE (Z 71211040mYYl PRODUCER % 'z S SSS CERTIFICATE CONFERS NO RIGHTS UPON THE CERTIFICATE ONLY AND SGP Corporate Department l 3 Summit Global Partners of TX HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 1111 San Angelo, TX 76902 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Federal Ins. Co. South Orange County Community Theatre dba Camino Real Playhouse 31776 EI Camino Real San Juan Capistrano, CA 92675 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD" NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MFFECTIY POLICY EXPIRATION DATE EXPIRATION LIMITS A GENERAL LIABILITY BINDER380990 08/21/04 08/21/05 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DDARMMGETOE ENTED n $1,000,000 CLAIMS MADE 51OCCUR MED EXP (Any one Person) $10,000 PERSONAL &ADV INJURY $1000000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $1000000 POLICY J CT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per Person) $ BODILY HIRED AUTOS NON -OWNED AUTOS accident) $ (Per accitlenry PROPERTY DAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR � CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND STATU- OTH- I TWO EMPLOYERS' LIABILITY ANY PERIMEMBER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ EXCLUDED? OFFICER/MEMBER EXCLUDED? yes, describe under SPECIAL PROVISIONS below SPRO E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Certificate Holder is Additional Insured as respects General Liability. Loc# 1 - 31776 EI Camino Real; San Juan Capistrano, CA City of San Juan Capistrano & San Juan Redevelopment Agency City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ACORD 25 (2001/08) 1 of 2 #405727 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL in DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR/ R © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #405727 AUG -25-04 WED 09:59 AM SU GLOBAL PARTNERS FAX NO. 325 4519 P. 01 SGPSummit Global Partners P.O. Hox 1111, S:m Augcln,'rx 76902 FAX '1'o: City or San Juan Capistrano Attn: one: 949-493.1053 F!1% ph Date: 09/2S/01 Nunlbcrofpa4c; cove' $heel From: Jererni,lh Conrales F_M,10; �Vaveles!nl.p.anct Phone: — 325/486-5142 `-ax1ahorlc,_325/658 4519_ REMARKS: ❑ Urgent ® For your review Reply ASAP ❑ Please comment South Orange County Community Theatre 35831139 MBO Attached is the Additional Insured endorsement and wording already MutcLcd to Ilae Gt. policy. Kcn Roberts had instructed me to send this to you. Thank you AUG -25-04 WED 09:59 AM CHUt3B Who Is An Insured (confintiod) Volunteers SUMJ6 GLOBAL PARTNERS General Liability FAX NO. 3259116Q,1519 P. 02 Persons who are volrmicur workers for you arc im'uretis, but ihr.y arc iusurrds only for aoe within the stupc of their uc'tivnie.c for you and at yam duccuon Real Estate Managers Pcuons (other than your aropinyces) or orgaiwatinns actw its your rczl tune nlartaPers arc in�reds; but they arc insureds only Willi respect to rhur duties as your trill "LAIC 111113gers. PCrmissive Users Of With respect t0 mobile eq,olir rat regtsb•rcd it, you, name ander it motor vehicle tolgislration Llw. Mobile Equipment n. persons driving such cquipmcnt On a public road villi your pc wkl;ioo arc insoreck and R. persons or Organizations responsible for the LOIRIM t of su:h III. I cnir.l LICSCI lht'd m subparagraph A ehwe arc. insureds, hill they arc: in-nirerh Only Willi reaped to the: nperation of the equipment and only if no odmnnsurancc of any kind ,s ilvailahle to Ihcnr I IOwever, no Person Or oro,mizal ion ,c an JIM II eel %I If) respect In. buddy Injury in any co -employee of Ilio reran, Jrrcilig die Ognlpmeul. Or property damage to any prOpeny owned or occopied by m loaned or naitcd to yon, or In your charge or [Ile ehatge of the employer of Illy I-crson who is on insnrM Under this Provision Vendors Persons or organizannns who ;tie vendors of your products are iusmv-rk ; but they we insureds Only with respect W their liability for damages for Noddy injury or pr upvrly damalm resuhing from the disnibuuon or s;Ilc of ,your product, in the relpulm course of their busmexc and Only if this insurance applies to Ilia products-ccrrnpleted operation•: hazard. However, no Such portion or organization is mr insurvd with fcspccl Io tiny: • assumpuoti of liability by Ihcm in a conliad ur ap,, crmuut. fhis hum;¢ion docs not apply to the liability for damages for bodily in jury to properly darmttiu that such vendor would have in the absence of such cnntna of agtccwe-rn(, • raprOscnr;uion Or warranty onawhonzr'd by yon. • physical no c.henllcal change in your products ro: Cc inmiliuually by the vendor, • repackaging, unless unpacked si)ILly for flic purpose of i i(lot), denamslreUnn nr testing. or the soWitution of pans under mslruction front the rn;mular.lum and Illk o IopackcJ in the Origi it contaulcr; • failure to make such inspections. adptshnc ri a si.s or seavieoq Ili the vendor hos a;;rccd to make or normally uncicrlakes to make in the 1 srtnl UNISC of hu�iocss in c'ontRYhon with file distribution or sale of your products, • detuoost Iu ion, instal lal ion, servleing or rtp3ii opera Iia tic, LAA ClIt suds Opct atieus performed al the vcnclor's pi cinkcs it ccmiccuou with the ctllcur your products; or • of your products which, after dieiribuuon or sale by yon, has•c burn lahcic-d or rclabded or used as a container, in.grcdicrit or pan of any olhs thing ur etihclanec by or Int the vender Labddy lnauancc - _ Foran Aa 02-2000(Rw, a 0r) Contract - -- --- -^' --_-_ ~------Pogo 7 or 30 AUG -25-04 WED 0959 AM SU1 6 GLOBAL PARTNERS FAX NO. 325IW519 P. 03 Who Is An lnlnsured Vendor's Further, no person or organization from whom you hive acqui cd pour products, or ?.It), container, (continued) ingredient or part cnicrhn into, acconipanying or colAdiuuh@, y our proda(la, i.a on imm t it under this provision. Lessors Of Equipment Persons or organizations from whom Vol) It )se cgmpnx of azr till but they on; ineui ed.s duly with respect to the ma)ntoriancc or use by you of such crlutpmnnt hod only if yoo ire C`111) 'loll' ally obligated to provide thein with such insurance. aq rh affol-&A by Iles Contract. I owever, no such pet son or organization 1% an insured with r,'slhccl to 11,1Y • dainages ansmg out of tbcir sole ncgligoncc, or • occurrence that occurs, or offense th)i is ua»naltetl, after the cgoipuvan Ie.aSe, ands Lessors Of Premises Persona or organizations from whnm Vol, la isc prenusrs arc ih arreds, hill they am irtsarcds only with respect to the ownership, maintenance or use. of Urat parlintar fruit of such 1?10111scs leased In you and only if you arc eonliaetu ally ohlig at vd io provide Ihc.,n with sit eh inset once as rs at forded by this contract. However, no such person or organvaton is an imorvd will, respact to any • damages arising out Of their sole negG^encs, occurrcnc¢ that nucrns, or offense that is ennm uru'd, after you cease to be a Icnnnt In the premises, cur structural alteration, now eonsirueltOo or do mnhuon operutinns perfon'urd by or on be.hnlf of i them $ubsldraly Or Ncwly , 1( there, is no other insurance available, the follow ing tot ganizsuo)ls will qualify as nonna,l insured( Acquired Or Formed a subsidiary Organization Of the fust nalncd insured shown rn the U,•tlarauuns Of which, .11 Organizations the be.ginutng of the policy period and in the ti+nc of tics, such firhl named insured controls, eWtcr directly of indae.cily, more than fifty (50) ptaccut td the intrresls (*.1111110.0 to vote generally in the electron of the governing body of sncl� 01g9117a400, or • a subsidiai y Og anrzati0n of the first mined insured shown vi tlte. I h(.c]nrabons Iti91 such first named i lPir'ell acquies or fowls daring lhu puiicy pit iud, if >a Ihr. itmc of loss such fust named imored controls, either duecily or indiicclly, Tonle than fifty (50) perccnl of the interests enurlcd to voce. generally in Ute c1ccuon of the govct wing body of such organization, Limitations On Who Is An A. Except to The extent provided under Iht Suhsidiary (h Newly Acqnircd Ch Por(t)ed Insured Organiratons provi:eon above, no poison Or oigcuuamioi is .111 nicurvd wilt) respcct IO I110 conduct of wiy poison or oq{anhcuhon tial is tool slrow n as a oaiu'.d insured in dhc Decla*arions. 11, No person or ohganizauon is an insured with re.cpcd to 1110 1 ownership, maintenancr. or use of any asss.ls, 01 2 conduct of any person or Organizulmrl wbosr. assets husincrs or rn'panizalinn; Llabibry lnrurance Folin 6002-20110 (nov. <-01)eononcr Poor A of 22 AUG -25-04 WED 09:59 AM rl CHU66 Who Is An Insured Limitations On Who Is An insured (continued) SUM* GLOBAL PARTNERS General Liability FAX NO. 325 JW519 P. 04 you acquire., cithor Oirccily or indirectly, for soy. • bodily injury or property damat,c that occnncot or • advertising injury or personal injury ansing out of an offense 11, So ounuLincd, in whole of in P;vt, before you, dill cqy 0r indneclly, agvucd Such 21SCt5, h ISIOCSS nr org;antt&tion. Limits O/ Insurance The I.irruts Of Insurance shown in the Occlarimons and 0,0 rulrS bcluw iia the most we will pay, torgardless of the number of insureds; • claims made. or suils biought; or • persons or ornaniritions making claims or bnmpin,, suits Tho i.inuts Of Insurauee apply ser❑rarely Nn cath c0nsct;U0W annual period and w any icmwnuig periud of loss dean twelve (12) months, Slartiur wnh ilii I egimvnn of die Policy pcuod shown in the Mchvalions, unless the. policy peuod is exa'.ndcd al ar issu:mce tui an ad<hlronal psi 10d or loss Nlliui twelve (12) months. In that case, the additional poled will be dcc.mud part of Ilia Iasi pteeedin.- period for purposes of d,acrmioing rho LimiN' Of higlranco- General Aggregate Limit Sub]eel to the &J( 11 (yeetiffCPCC I -unit. the General Ali c rerate l,wnt I% IN naut we. will pay for tho sunt of: • damages for bodily injury and properly 61rnage, except damancs indvdrd in the produete�ompleled operations Ila%ard, )hili • medical expenses. Products -Completed Subject to me Each thxunencc r..orul, die pn,duns-t'on,plct l Operahoas AnI-rcgmc limit is the Operations Aggregate most we will pay for rho sum of damages for bodily injury owl properly danw;;v included in die Limit products -completed operations Iwaard. Advertising Injury And Personallnjury Aggregate Limit Each Occurrence Limit 'l he Advertising Injury And Personal Injury Arglcgalc Liatil is I11: roost we will pay lot the Burn of dmnagcs for advertising injury and personal in jury, The Each Oceunence Limit is the most we will pay for Inc sum of • damages for hodily injury and properly dama;c; and • medical ezpeuses; arising nut or any ,no orcurreucr. Any amuunt paid for datnagcs or medical esPen«Cs wnl iednre aw .,.noam or ow ipphcahlo aggrogam linnt avod;ihlc fur any other paymL'.nt. Lob hly lne'rtnncu Form 90-02-2000 (Rin 4-01) Contract ___ _ --- ^—---_Cago 9 or 32 AUG -25-04 WED 10:00 AM Sul* GLOBAL PARTNERS FAX NO. 32504519 P. 05 Limits Oflnsm�ance Each Occurrence Limit if the applicable ao ri"afc hmu has been itductd To all amount that is less than the tach (continurid) Occurrence I.irzut, the remairin- arnonnt of such apv,tcg%dc lots( is the most that will he. availahlc for any other payment Dania e To Premises � Subjuto Ctach Occurrence l inut the Darnc'In Prcnus ski nie d'fo You I iron is me most Rented To You Limit the we will a for the Sum of damn es for propertydmra: e to an one prcmiscs while routed to you or remporurdy occupied by you wab pcmussion of the owns. MCdICd! Expenses Limit y for for the a. Subject to tthu Eaclt Occurrence IunuL the Medical Expctur : ].irnd is the most cur. will pay SUM of medical expencas, under Mcdtctil Expense:; covorapC, for 11011113 injury .utMiiucd by ally one person. Bodily Injury/Property None of the followut„ exclusions, excspt "Contracts",' Lrp1 cmJ Or IulunlCrl Injury md' I OSS, In Damage Exclusions Provre;s", apply to properly damage to pri'rm.acs wliilb rental to you or tcmporrunly occupwd by you with petnussion of the owner Aircraft, Autos Or This insurance does not apply to bodily injury of property d:lm,lpc arising, out of the ownership, Watercraft mnimcrIWc, use (use includes operauon and loading or un)n.ulinq) or clitruzoncm m olhcrs of any: • aircraft, auto: or waturcrafr, owned or operated by of loaned or rented to any iu w'rd 'Uti:: exclusion docs not apply to: A. a watcderaft while ashore on feurnises owned by or rcnied to you, P . a watercraft you do not own, provided 11W tc 1. is Ics.s than fifty-five (.55) feet latg, and 2 docs riot transport persnns or cargo for a chnrp c, C. the parking of an ante on premises owned by or rented to yuu, provided the auto is not owned by of loaned or mnied to you or the in}urcd, D, Ute liability fill dainii ,cs assumed in :ui insured t nutracl rt..adting flow the 0wnersblp, m:untenance or use, by odter.c, of an aircraft or wztx is aft: E. the operarioo of the equipmeut drscrihed to r4,parafr:plu 1 2. oa- F.3. of thr dcfiwhon of mobile equipment, or F. an aircraft you Jo not own. provided than: 1, the pilot at conunand hold; a cuo cnJy e1iL:ctive cr.rntic;uc, in;ueet by the July constiull0d authority of the United Smcta of Ain.lra:A nr C'Mlda, dcsil;uatin^, that person ;i.c a conuncicial o1 airhnc tranepurt pilon, Liability Imuf.inco Form 80-02-2000(Rcv. 4.01) Gontracf 10 of 33 ACORD CERTIFICPW OF LIABILITY INSUNCEDATE(MM/DDM') 1 12/30/2003 PRODUCER (714)773-0444 FAX (714)773-0196 STAIR Insurance Service License #OS22957 110 East Wilshire Ave. Ste 409 Fullerton, CA 92832 -ISSUED- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED South O.C. Comm. Theatre S.O.C.C.T. 31776 E1 Camino Real San Juan Capistrano, CA 92675 INSURER A: St. Paul Surplus Lines INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDM') DATE (MM/DD/YY) LIMITS San Juan Capistrano, CA 92675 GENERAL LIABILITY SFOSS24129 05/21/2003 05/21/2004 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 100,00 CLAIMS MADE Fx� OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 X POLICY jEa 7 LOC AUTOMOBILE LIABIUTY ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ -_ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ity of San Juan Capistrano is named as additional insured with respects to general liability policy er endorsement 43356 7/85 attached. *10 days notice for non-payment of premium. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION AOUKU 25-5 (09/) FAX: (949)488-3874 UACUKD COKPORATION/1988 0 2 i`; 4 �!V// SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of San Juan Capistrano 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Leslie BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adel anto OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE /J George Staib CAROL AOUKU 25-5 (09/) FAX: (949)488-3874 UACUKD COKPORATION/1988 0 2 i`; 4 �!V// �� IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DESCRIBED PERSON OR ORGANIZATION ENDORSEMENT — ADDITIONAL PROTECTED PERSONS This endorsement changes your Commercial General Liability Protection. Now Coverage Is Changed The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Described person or organization. The person or organization shown in the Coverage Summary as a described person or organization is a protected person. But only for covered injury or damage that results from; •premises you own, rent or lease; or •your work. • TMBStPhul We explain what we mean by your work in the Products and completed work total limit section. Other Terms All other terms of your policy remain the same. 43356 Ed.7-85 Printed in U.S.A. Endorsement ®St.Paul Fire and Marine Insurance Co.1985 Page 1 of 1 San Juan Capistrano Community Redevelopment Agency ,71 South Orange County Community Theatre 31776 EI Camino Real San Juan Capistrano, CA 92675 Attention: Tom Scott Dear Mr. Scott: E September 22, 2004 Enclosed is an executed, original License Agreement related to use of the structure at 31776 EI Camino Real for the purpose of operating a theatre/playhouse. It was approved by the Community Redevelopment Agency Board of Directors on September 21, 2004. Thank you for maintaining current documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the Project Manager, Douglas Dumhart, Economic Development Manager (949) 443-6316. Yours truly, cc: Karen Crocker, Community Services Manager Al King, Jr., Community Services Director 32400 Paseo Adelanto San Juan Capistrano California 92675 949.493.1171 • • CRA 9/21/2004 1W AGENDA REPORT TO: Dave Adams, Executive Director FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Consideration of License Agreement with South Orange County Community Theatre (EI Camino Real Playhouse) - 31776 EI Camino Real. RECOMMENDATION: By motion, approve the License Agreement with South Orange County Community Theatre for the use of 31776 EI Camino Real for the purpose of operating a theatre/playhouse. SUMMARY: The Agency is at a potential crossroads with respect to making a decision on this property's permanent use. Currently, the site is under consideration for a potential City Hall location; or to possibly relocate the Mission Inn to make way for 1-5 Interchange improvements; or to sell for development so sales proceeds can fund pending capital improvement projects. The option term of South Orange County Community Theatre's (SOCCT) License Agreement expired August 21, 2004. According to the License, "the term of the license shall be for three years with one (1) three-year extension, if agreeable by both parties." Given the status of the property a new one (1) year License Agreement has been prepared for the Board of Director's consideration. The License Agreement is provided as attachment 1 to this agenda report. BACKGROUND: Staff has taken this opportunity to review the terms of the License Agreement and bring it current with conditions and activities that have evolved at the playhouse. SOCCT has been operating in this facility as a temporary use for 13 years. The Theatre initially occupied 4,500 square feet of the 19,314 square foot building. Today SOCCT occupies all but a 1,000 square feet of the building as indicated on Exhibit A of the License Agreement. Defining the permanent use of this property provides an occasion for SOCCT to reflect on their long-term goals and objectives. To foster this thought process the new License Agreement will require SOCCT to provide the Agency with their long-term goals and objectives in the community, as well as, an exit strategy for vacating the building. The License requires they submit this strategy within six (6) months. 9 Agenda Report Pape 2 Other License Agreement Matters September 21, 2004 When the City was initially approached by SOCCT in 1992 for use of the former Pac Bell building, it was for a grassroots thespian group wishing to conduct a theatre playhouse and reader's theatre. The past license agreements have stated, "The property shall be used only for a theatre/playhouse for the performing arts, and for no other use." Performing arts can be all encompassing including stand-up comedy, musical concerts, opera, dance and plays. The past license agreements contained a qualifier to performing arts. It specifically said, "A theatre playhouse for the performing arts." SOCCT has verified that the playhouse is conducting activities other than traditional plays. A classroom has been constructed for teaching Shakespeare and acting; musical concerts and stand up comedy are held in the playhouse auditorium. Recently, a solo musician was billed in "Concert" at the playhouse. A solo acoustical musician may be an activity the City finds acceptable, but the past agreement did not specifically state musical concerts as a permitted use. Clarity as to the permitted activities is necessary for both parties. The proposed License Agreement has been amended to specifically list the uses covered under the term performing arts. Activities permitted under this Agreement include live theatre, film, music, comedy, dance, story telling, opera and improvisation. Additional activities permitted include youth acting classes, acting lessons, set development and staging area for performing arts conducted in the HTC park. Assignment of License SOCCT acknowledges that it is not so much involved in the production of plays rather they sub -let the playhouse building to other production companies to put on plays. While sub -letting to outside production companies for putting on plays may meet the purpose of having live theatre in the community it does call into question the original intent, which was to provide a place for local resident thespians to ply their trade/hobby. It has come to staffs attention through the Community Grant program that SOCCT is assigning a portion of this facility to The Orange Curtain Theatre. The Orange Curtain Theatre's mission is to provide education, entertainment and inspiration by broadening the scope of theatre within the community. They also intend to develop bi-lingual theatre program to support the cultural heritage of San Juan Capistrano. A budget in the Orange Curtain Theatre's community grant application shows a line item for lease payment to the Camino Real Playhouse. SOCCT has confirmed their arrangement with the Orange Curtain Theatre. All the previous licenses have stated, "Licensee may not assign its rights under this Agreement to any third party." SOCCT did not seek permission to assign a portion of the facility to Orange Curtain Theatre nor had the City expressly consented to the • Agenda Report Paqe 3 September 21, 2004 assignment. The proposed License Agreement has been revised to contain consent for SOCCT to contract with production companies, individual performers and teachers to facilitate the activities permitted under the agreement. It also specifically consents to the Orange Curtain Theatre's use of the property. City Council Policy 014 The previous License required SOCCT to submit quarterly reports of attendance records, title of the production, production attendees and the total amount of dollars in sales. No information on expenses or listing of expenses was required by the License. SOCCT has submitted all required reporting information. The proposed License Agreement requires compliance with City Council Policy 014 "Non-profit public benefit corporations." This policy requires non-profit which have use of City/Agency property at no or minimal rent levels are not organized for the private gain of any person. Parking In reviewing the file, it was clear parking was a major concern in 1992. The City required the SOCCT to lease the rear property from Stroscher Properties to provide parking for the Theatre use. That parking lot was lost to the Taco Bell development in 1998. The City has constructed a number of temporary public parking lots in the vicinity since 1992. However, no consideration has been given for the playhouse's theatre use or classroom activities and their parking demands. SOCCT's quarterly reports depict steady growing attendance over the last 3 years from a low of 820 attendees to a high of 2,500. These numbers do not include actors, directors, technicians, box office and concession workers, volunteers who build and paint sets and costumes and janitorial service, as they also vary widely from show to show. Youth classes are additional participants at the Camino Real Playhouse which are not reflected in the attendance numbers above. The License Agreement states, "Licensee acknowledges that there is no available parking for the property. Licensor shall have no obligation to provide for Licensee's parking needs." The agreement may say the City has no obligation to provide parking but the reality is the City provides virtually all of the downtown parking. The management of the downtown parking is an inherit obligation that should not be ignored. Defining the property's permanent use will assist the City in managing downtown parking demands. PUBLIC NOTIFICATION: Tom Scott. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable. 0 0 Agenda Report September 21, 2004 Page 4 FINANCIAL CONSIDERATIONS: The License Agreement requires the SOCCT to pay $100 for the License to use 31776 EI Camino Real for a Playhouse. RECOMMENDATION: By Motion, approve the License Agreement with South Orange County Community Theatre for the use of 31776 EI Camino Real for operating a Theatre/Playhouse. Respectfully submitted, Douglas D. Dumhart Economic Development Manager Attachment 1: License Agreement 0 0 LICENSE AGREEMENT This License Agreement is made this 21 at day of September, 2004 (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 Section 7260, at 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 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. C:\doug1w\agreement\ License Agreement SOCCT Aug. 30, 2004 Page 1 of 5 ATTACHMENT 1 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 B attached and incorporated herein; and c) Licensee shall submit quarterly 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 on a quarterly basis, beginning on September 30, 2004. d) Licensee's Board of Directors will develop and submit its medium and long-term goals and objectives including an exit strategy for vacating the building located at 31776 EI Camino Real. These goals and objectives will 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 submeter 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 submeter. 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 Licensors approval of this Agreement. Section 8 Maintenance of Prooertv The Property shall be maintained in full compliance with all of the City's Building and Fire code regulations. C:\douglas\agreement\ License Agreement SOCCT Aug. 30, 2004 Page 2 of 5 9 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 Indemnity a) Insurance. Licensee shall maintain general liability, property damage, and fire insurance with a reputable insurance company in amounts of not less than $1,000,000.00 combined single limit, or other format acceptable to the Office of the City Attorney. b) Indemnity. Licensee shall defend and indemnify Licensor, its elected and appointed officials, and employees and agents harmless from any and all losses, damage, injury, accidents, costs or expenses (including but not limited to attomeys' 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 any time and from time to time. 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 C:\dwglas\agr ent\ License Agement SOCCr Aug. 30, 2004 Page 3 of 5 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 Licensee: San Juan Capistrano South Orange County Community Redevelopment Agency Community Theatre 32400 Paseo Adelanto 31776 EI Camino Real San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Attention: Douglas D. Dumhart Attn: Tom Scott Section 14 Entire Agreement This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. C:\dougim\ag mt\ License Agreement SOCCT Aug. 30, 2004 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: Meg Monahan, Agency Secretary APPROVED AS TO FORM: v,, _►i,,L.�l� �� ,�"l' SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic Diane Bathgate, Chairman SOUTH ORANGE COUNTY COMMUNITY THEATF3E, a non-profit corporation Tom Scott, President C:W0ug1as\W=wt\ License Agreement SOCCr Aug. 30, 2004 Page 6 of 5 0 awa ■ � � 0 {\\ w { `� u! ] �� \\ I \ \ \} �( /( a-ta, ¥ {V) _ / : \( ;, J[ �®} \ �\ �: � 0 {\\ (§ � Exhibit; w `� u! �� \\ I \ \ \} (§ � Exhibit; EXHIBIT B CITY OF SAN JUAN CAPISTRANO CITY COUNCIL POLICY Subject: Effective Policy Page Date Number NONPROFIT PUBLIC BENEFIT CORPORATIONS 1 of 1 02/05/02 014 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 Intemal 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: I. Number of citizens receiving benefits; ii. The city of residence of citizens receiving benefits; iii. Proof of the organization's continued nonprofit status; iv. Disclosure of all activities the organization has conducted on City property, or with City funds; V. 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. vi. 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. 0 0 San Juan Capistrano Community Redevelopment Agency NOTIFICATION OF MEETING OF POTENTIAL INTEREST SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY The Board of Directors of San Juan Capistrano Community Redevelopment Agency will meet at 7:00 p.m. on September 21, 2004, in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement with South Orange County Community Theater (EI Camino Real Playhouse) - 31776 EI Camino Real' — Item No. 63 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, September 20, 2004 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Douglas D. Dumhart, Economic Development Manager. You may contact that staff member at (949) 443-6316 with any questions. The Community Redevelopment Agency agenda is available to you on the City's web site: www.sanjuancapistrano.org. Thank you for your interest, Meg Monahan, CMC City Clerk cc: Tom Scott; Douglas D. Dumhart, Economic Development Manager Received staff report 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 77 San Juan Capistrano Community Redevelopment Agency NOTIFICATION OF MEETING OF POTENTIAL INTEREST SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY The Board of Directors of San Juan Capistrano Community Redevelopment Agency will meet at 7:00 p.m. on September 21, 2004, in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement with South Orange County Community Theater (EI Camino Real Playhouse) - 31776 EI Camino Real' — Item No. 63 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, September 20, 2004 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Douglas D. Dumhart, Economic Development Manager. You may contact that staff member at (949) 443-6316 with any questions. The Community Redevelopment Agency agenda is available to you on the City's web site: www.sanjuancapistrano.org. Thank you for your interest, Meg Monahan, CMC City Clerk cc: Tom Scott; Douglas D. Dumhart, Economic Development Manager Received staff report 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171