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08-1007_SOUTH ORANGE COUNTY COMMUNITY THEATRE_License Agreement 2008 - 2015 LICENSE AGREEMENT This License Agreement is made this 7th day of October, 2008(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"). Recitals Whereas, The Licensor is owner of certain real property located at 31776 El Camino Real (hereinafter "Property") and as further depicted in Exhibit A attached hereto and incorporated herein by reference; and, Whereas, The Licensee currently utilizes the building structure for the purpose of operating a theater/playhouse for the performing arts; and, Whereas, The Licensee has requested the ability, in addition to other improvements, to enlarge the Playhouse's capacity to include an approximately 168-seat main stage, new entrance and reception deck to the south side of the building, and, Whereas, The Licensor finds the Licensee's request to expand the Playhouse's capacity consistent with the overall goals and objectives for the Downtown land use. NOW, THEREFORE, Licensor and Licensee hereby agree as follows: Section 1 Grant of License Licensor hereby grants to Licensee a license to utilize the property at 31776 El Camino Real for the purpose of operating a theatre/playhouse for the performing arts as further described in Section 3. A floor plan attached as Exhibit A and incorporated herein by,reference, sets forth the existing Playhouse uses and improvements. Furthermore, the Licensor grants Licensee authority to expand the Playhouse to add an approximate 168-seat main stage theater within the existing buildings floor plan; and new entrance and reception deck to the south side of the building. Said alterations are anticipated to cost$500,000. 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. 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 Licensee's improvements, fixtures, furniture, equipment or goodwill except as specifically provided elsewhere herein. Section 2 Term and Termination The term of this license shall be for seven (7) years from the date of execution. Notwithstanding the seven-year term of this Agreement, Licensor and Licensee mutually reserve the right to terminate this Agreement without cause at any time by providing six(6) months 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 7 of this Agreement. Should the Licensor terminate earlier than the seven-year term Licensor agrees to reimburse Licensee a pro-rata portion of said expansion costs pursuant to terms contained in Section 4: Section 3 Nature of Use and Activities Permifted 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. 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- 12-02) attached hereto and incorporated herein as Exhibit B. Section 4 Consideration (a.) In consideration of this grant of License,for use of the property, Licensee shall: i. Pay to the Licensor the sum of seven hundred dollars ($700.00) for the term of the agreement payable within 15 days from execution of License; and ii. Meet the annual submission requirements of City Council Policy Number 014 provided as Exhibit C attached and incorporated herein; and iii. Licensee shall submit annual 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 30 days after the end of the season. The season period runs from September 1 through August 31; and, Page 2 of 7 iv. Licensee shall submit copy of Licensee's most recent annual tax returns with their reporting requirements, and V. Licensee shall not use the building structure or city facilities and grounds in connection with any political elections, political or religious activity; and vi. Licensee will furnish a full accounting for all alterations and improvements to expand the Playhouse 45 days after project completion and issuance .of Certificate of Occupancy by the City. (b.) In consideration of expenditures and investments Licensee will make to expand the Playhouse including the addition of an approximate 168-seat main stage theater, Licensor will: i. Reimburse a pro-rata amount of actual expenditures incurred for the expansion up to a maximum amount of five hundred thousand dollars ($500,000). ii. The amount to be pro-rated will be on a monthly straight line basis beginning from the execution of the License Agreement to the end date of the remaining seven-year term. iii. Licensor shall absorb the soft costs associated with permitting the expansion. Soft cost specifically relate to expenditures for staff time and do not include bard costs for out-of-pocket expenses such as plan check services or third party technical studies necessary to evaluate Licensee's improvement plans. 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. Section 7 Maintenance of Pro e The Property shall be maintained in full compliance with all of the City's building and fire code regulations. 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 Page 3 of 7 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 8 Insurance and Hold Harmless lndemniity a) Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. i) Comprehensive General Liability Policy. Throughout the term of this License, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injuryto one person/any one occurrence/claims not limited to the policy period; $1,000,000 injury to more than one person/any one occurrence/claims not limited to the policy period. ii) Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this License, Licensee shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Licensee's general liability and Page 4 of 7 umbrella liability policies to the Licensor's General Counsel for certification that the insurance requirements of this License have been satisfied. iii) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty(30) days'written notice is given to San Juan Capistrano Community Redevelopment Agency, except that ten (10) days' notice to reinstate shall be given if there is a cancellation due to failure to pay a premium. 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 9 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 10 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 Licensors 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. 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 11 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: Page 5 of 7 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 92670 Attention: Douglas D. Dumhart Attn: Tom Scott Section 12 Renewal of Agreement At the favorable completion of this License Agreement, the Licensee may determine that a renewal of the agreement is an acceptable course of action. If it is the intent of the Licensee to remain on said premises, written notice of intent to occupy premises on a continuing basis will be submitted to the Licensor prior to the termination of this agreement. Under these circumstances, until such time as a new agreement can be finalized, the parties agree that the existing License Agreement will remain in force as a holdover Agreement. Section 13 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. [Signatures on following page.] Page 6 of 7 IN WITNESS WHEREOF, the Licensor and Licensee have caused this Agreement to be executed on the date and year first written above. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic M I< Nielsen, Chair?Nin ATTEST: Aonahan, Agency Secretary �AFP)ROVED AS TO FORM.. . Omar 95, doval, Agency Cou el SOUTH ORANGE COUNTY COMMUNITY THEATRE, a nonprofit corporation T cott, President Dated Page 7 of 7 . FLA, I I Ale l.. Om<.+! �Z.7 jaw/ 28 x it? It It1 yY 2 p eos.�entb .. . rs =C: /o0 s ' AL Oct.t - - /5�b t.x�S"' j�acJ�SY� e �✓a�/C Gr[a. .�. .3 ' 6 1 CA h�ith4 ��af tt X26 �/.7irner Sieng r4Rp v,�iti, 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 El 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 pursuant to 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 male the following findings; 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan; and; EXHIBIT B 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. s 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 5:50 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 rdoza, Vice Chairman Molly Bog , Ian g Director PAPlann1ng1Arch1ve%C(JP PROJECTS%CUP0504-Camino meal Playhouse Wine 9erv1c:MG JP 45-04 PCroso-12juW6.doc RESOLUTION #; 05-07-12-2 Exhibit A CONDITIONS OF APPROVAL Project#: CUP 05-04 Project Name: Camino Real Playhouse APPROVAL DATE: July.12, 2005 EFFECTIVE DATE: July 27, 2005 EXPIRATION DATE: 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 El 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 El Camino Real, generally located. approximately 200 feet south of Ortega Highway and .approximately 20 feet east of El Camino Real (APN 124-150-55). 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 successors) in interest to the terms of this approval. General Conditions: 1. 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 El 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 El Camino Real, generally located approximately 200 feet south of Ortega Highway and approximately 20 feet east of El Camino Real (APN 124-160-55). This approval is granted based on the application materials submitted by Camino Reap 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 ars 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 Planning Commission Resolution 05-07-12-2 Final Conditions of Approval CUP 05-04 July 12, 2005 Page 2 of 4 not appealed, this approval shall become effective on the first business day following the fifteenth (I 5t) 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 4h 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 Planning Commission Resolution 05-07--12-2 Final Conditions of Approval CUP 05-04 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, 9. 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 Firs Authority QCFA) 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 Cede. Planning Commission Resolution 05-07-12-2 Final Conditions of Approval CUP 05-04 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.: 05-07-12-x Effective Date: July 27, 2005 Applicant Acceptance of Conditions of Approval: By: Applicant Name Date Its: Title PAPiannEnp�Amhlve=P PROJECTMUP0604-Camino Real Mayhoose Vine SerVIC01MC City-Standard Conditions of APProval--2005-6,doc CITY OF SAN .JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number NONPROFIT PUBLIC BENEFIT CORPORATIONS 1 of 1 2/5/02 014 This policy is hereby created as a means to ensure that non-profit 'public benefit corporations that eater 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: 1. 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. a. Information on the total revenue received by the organization during the reporting period and disclosure of the sourcesof 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 vim 32400 PASEO ADELANTO 1 � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493-1171 SAM ALLEVATO WOE PURRHo THOMAS W.HR€I3AR (949)493-1053 FAX F9&i www.Sanjuancapdstrano.org fsTBBLtsN[B HIARI< N 1776 � .TaE sonoTO OR.LONDRES USO r o TRANSMITTAL TO: South Orange County Community Theatre 31776 EI Camino Real San Juan Capistrano, CA 92675 Attn: Tom Scott DATE: November 10, 2008 FROM: Christy Jakl, Administrative Specialist (949) 443-6310 RE: 2008-2015 License Agreement Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please contact Maria Morris, Deputy City Clerk at (949) 443-6309. If you have questions concerning the agreement, please contact Douglas D. Dumhart, Economic Development Manager at (949) 443-6316. An original agreement is enclosed for your records. Cc: Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future �� Printed Dn 100%secycIed paper „ CRA 10/712008 AGE REPORT D1 TO: Dave Adams, Executive Director FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Consideration of 2008 — 2015 License Agreement for Use of 31.776 El Camino Real for the Camino Real Playhouse — (South Orange County Community Theatre) RECOMMENDATION: By motion, approve a seven (7) year License Agreement with South Orange County Community Theatre for the use of 31776 EI Camino Real for the purpose of operating a theatrelplayhouse in the amount of $700.00. SUMMARY: At their May 20, 2008 meeting the Board of Directors considered a request by the Playhouse to enlarge their operations to primarily include a new 168-seat main stage theater. The Directors commended the Playhouse for the services provided to residents and tourists in the past and unanimously supported the Playhouses request to expand. The Board directed staff to modify terms of the Playhouse license agreement during the upcoming renewal to include the following revised provisions: 1. to provide a seven year term to permit amortization of planned improvements; and, 2, to provide a 6 month termination notice to allow the Playhouse ample time to relocate in the event the City requires use of the site-, and, 3. to provide for reimbursement of planned improvements based on a seven year amortization from initiation of the lease and up to $500,000 in improvement cost, and, 4. to provide for a fee waiver based on waivers provided to past 501(c) 3 organizations, but the waiver should not to include hard costs for the processing of the Playhouses expansion plan. Staff has prepared the revised license agreement to reflect the additional provisions and is presenting the license agreement for the Board's consideration. The License Agreement for 2008-2015 is provided as Attachment I to this report. Agenda Report October 7, 2008 Page 2 BACKGROUND: Approximately 15 years ago the City/Agency was approached by a group of residents who asked if they could use the former Pacific Bell building as a grassroots community playhouse until such time as the building was needed for redevelopment purposes. The Council approved the request and they were provided the front 1/3 of the building (approximately 3,000 sf.) Over time the theater group slowly kept growing into more and more of the building. Today they occupy the entire building (approximately 11,200 - sf). The Playhouse has been operating a temporary community theater since 1994 and never really had a long term vision of what their future held. Three years ago, the Agency put provisions in the License Agreement requesting the Playhouse develop a plan for their future (basically an exit strategy should the community move forward with redevelopment of the property). The Playhouse formed what they refer tows, a "Transition Team" to address this matter. The Transition Team concluded the Playhouse likes where they are at and put forward their plan for their future. During the Agency Board of Director's September 4, 2007, consideration of License renewal, the Playhouse officially requested the City/Agency support their vision to create a regional performing arts center called, "the Capistrano Center for the Performing Arts" (CCPA) an expanded venue, consisting of a 350-seat main stage and 99-seat second theater. Their request was referred to the San Juan Capistrano Chamber of Commerce Economic Development Committee (the "ED Committee") and Council sub-committee for an evaluation and recommendation. ED Committee Recommendations The ED committee believed that a Regional Performing Arts Center was inappropriate for the character of the town but that a live theater such as a community playhouse is an integral component. To that end, the ED committee made the following five recommendations for the Board of Director's consideration: 1. That the Board of Directors denies the initial concept for the 350-seat Capistrano Center for the Performing arts as presented in the current business plan. 2. A study is conducted into the feasibility of the Playhouse being moved to a site within the downtown, close to established historical points (the Mission, train station, and Los Rios Street). The current location and structure at the entry off the I-5 is not the ideal location for a downtown theater. 3. At the time of relocation, the Camino Real Playhouse may be enhanced and sized appropriately to meet the needs of the community. 4. The City commit, at minimum, to assume strategic stewardship as well as continued financial aid towards the development of a permanent playhouse (e.g. Agenda Report October 7, 2008 Page 3 an Arts Council be established to investigate alternatives, initiate fundraising, build a strong organization, and educate the community for the Playhouse}. 5. We recommend the redevelopment agency consider a longer term license agreement for the next renewal period of the Playhouse. On March 4, 2008, the Board of Directors considered the ED Committee's report and concurred with the recommendation that the proposal for the 350-seat regional theater be denied. The Camino Real Playhouse tendered a revised proposal requesting approval to modify the existing building to create 168-seat main stage while retaining the current 88-seat theatre as a second stage. The Playhouse's revised business plan estimates the cost of the remodel at $500,000. Given the estimated half million dollar expense to enlarge the existing Playhouse building, the proponents also requested the Board consider a ten year license for the facility's use. The Board referred the revised Business Plan to remodel in-situ to the ED Committee for further review and comment. The ED committee submitted to the Agency a recommendation, dated April 2, 2008, that the Playhouse's revised proposal to remodel and expand be granted, subject to a term limit not to exceed 5 years. License Agreement Term: The site of the former Pacific Bell building was acquired by the Agency in the late 1980's to facilitate the redevelopment of the downtown. The downtown continues to be in an evolving state of flux. As .such, the Agency has creatively attempted to maintain flexibility and productive interim uses of the Agency's downtown properties held for resale. The theatre use has been from its inception and continues to be a temporary use of the property until such time as Agency/City determines what permanent use shall be instituted at the site. The Playhouse has acknowledged and accepted that Government Code 'Section 7260, et seq., shall have no application to Playhouse's use of the property. The Playhouse's License Agreement for use of the property has had terms ranging from one to three years over their 16+ year history. The License Agreement has always maintained a termination clause, notwithstanding the term, that at anytime without cause the Agency could terminate with written notice. At their May 20, 2008 meeting the Board directed staff to modify terms of the Playhouse license agreement during the renewal to include the following revised provisions: 1. to provide a seven year term to permit amortization of planned improvements; and, Agenda Report October 7, 2008 Page 4 2. to provide a 6 month termination notice to allow the Playhouse ample time to relocate in the event the City requires use of the site; and, 3. to provide for reimbursement of planned improvements based on a seven year amortization from initiation of the lease and up to $500,000 in improvement cost, and, 4. to provide for a fee waiver based on waivers provided to past 501(c) 3 organizations, but the waiver should not to include hard costs for the processing of the Playhouses expansion plan. NOTIFICATION: Tom Scott. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: It is anticipated the 1-5 Interchange project will initiate construction in 3 to 5 years with a couple more years for the actual construction. The Interchange improvements may prove to be the catalyst for other permanent improvements in the downtown. Thus it is reasonable not to expect a definitive end use for the Playhouse property in the five year horizon. The Playhouse is presuming the remodeling will be accomplished through fundraising and sweat equity. According to reports provided by the Playhouse the current theater operation runs at break-even. Donations and fundraising will be necessary to fund the half million dollars needed for remodeling the building. This may place certain expectations by donors, benefactors, and supporters as to the permanency of improvements made with their contributions. The License Agreement requires SOCCT to pay an annual license fee of $100 for the use of the 11,150 square foot building space at 31776 El Camino Real. This threshold triggers the requirement for SOCCT to comply with City Council Policy No. 14. This policy was 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. Attachment 2 of this report is SOCCT's 2007-2008 submission for this requirement. Agenda Report October 7, 2008 Page 5 The 2008-2015 License Agreement added an additional provision in Section 4(a.)(iv) which requires the Playhouse submit it annual tax returns along with their future reporting requirements The new License Agreement contains provisions in Section 4(b.) that the Agency will reimburse the Playhouse pro-rata amount of the theater improvements up to $500,000 maximum limit should the Agency decide to terminate the license earlier than the seven year term. Section 4(b.)(iii) also has the Agency absorbing the soft costs associated with the permitting of the expansion. Soft costs specifically relate to expenditures for staff time and do not include hard costs for out-of-pocket expenses such as plan check services or third party technical studies necessary to evaluate the Playhouses improvement plans. Soft costs can range from $5,000 to $10,000 depending on the extent of proposed improvements. RECOMMENDATION: By motion, approve a seven (7) year License Agreement with South Orange County Community Theatre for the use of 31776 EI Camino Real for the purpose of operating a theatre/playhouse in the amount of $700.00. Respectfully submitted, Douglas D. Dumhart Economic Development Manager Attachment 1: License Agreement 2: SOCCT's 2007-2008 CCP #14 Report 2008 - 2015 LICENSE AGREEMENT This License Agreement is made this 7th day of October, 2008(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"). Recitals Whereas, The Licensor is owner of certain real property located at 31776 EI Camino Real (hereinafter "Property"), and as further depicted in Exhibit A attached hereto and incorporated herein by reference; and, Whereas, The Licensee currently utilizes the building structure for the purpose of operating a theater/playhouse for the performing,arts; and, Whereas, The Licensee has requested the ability, in addition to other improvements, to enlarge the Playhouse's capacity to include an approximately 168-seat main stage, new entrance and reception deck to the south side of the building; and, Whereas, The Licensor finds the Licensee's request to expand the Playhouse's capacity consistent with the overall goals and objectives for the Downtown land use. NOW, THEREFORE, Licensor and Licensee hereby agree as follows: Section 1 Grant of License Licensor hereby grants to Licensee a license to utilize the property at 31776 El Camino Real for the purpose of operating a theatre/playhouse for the performing arts as further described in Section 3. A floor plan attached as Exhibit A and incorporated herein by reference, sets forth the existing Playhouse uses and improvements. Furthermore,the Licensor grants Licensee authority to expand the Playhouse to add an approximate 168-seat main stage theater within the existing buildings floor plan, and new entrance and reception deck to the south side of the building. Said alterations are anticipated to cost$500,000. 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 givers 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. 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 ATTACHMENT 1 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 Licensee's improvements, fixtures, furniture, equipment or goodwill except as specifically provided elsewhere herein. Section 2 Term and Termination The term of this license shall be for seven (7) years from the date of execution. Notwithstanding the seven-year term of this Agreement, Licensor and Licensee mutually reserve the right to terminate this Agreement without cause at any time by providing six (6) months 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 7 of this Agreement. Should the Licensor terminate earlier than the seven-year term Licensor agrees to reimburse Licensee a pro-rata portion of said expansion costs pursuant to terms contained in Section 4. Section 3 Nature of Use and Activities Permitted Under the A reement 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, storytelling, 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- 12-02) attached hereto and incorporated herein as Exhibit B. Section 4 Consideration (a.) In consideration of this grant of License for-use of the property, Licensee shall: i. Pay to the Licensor the sum of seven hundred dollars ($700.00) for the term of the agreement payable within 15 days from execution of License; and ii. Meet the annual submission requirements of City Council Policy Number 014 provided as Exhibit C attached and incorporated herein; and iii. Licensee shall submit annual 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 30 days after the end of the season. The season period runs from September 1 through August 31; and, Page 2 of 7 iv. Licensee shall submit copy of Licensee's most recent annual tax returns with their reporting requirements; and V. Licensee shall not use the building structure or city facilities and grounds in connection with any political elections, political or religious activity, and vi. Licensee will furnish a full accounting for all alterations and improvements to expand the Playhouse 45 days after project completion and issuance of Certificate of Occupancy by the City. (b.) In consideration of expenditures and investments Licensee will make to expand the Playhouse including the addition of an approximate 168-seat main stage theater, Licensor will: i. Reimburse a pro-rata amount of actual expenditures incurred for the expansion up to a maximum amount of five hundred thousand dollars ($500,000). ii. The amount to be pro-rated will be on a monthly straight line basis beginning from the execution of the License Agreement to the end date of the remaining seven-year term. iii. Licensor shall absorb the soft costs associated with permitting the expansion. Soft cost specifically relate to expenditures for staff time and do not include hard costs for out-of-pocket expenses such as plan check services or third party technical studies necessary to evaluate Licensee's improvement plans. 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. Section 7 Maintenance of Property The Property shall be maintained in full compliance with all of the City's building and fire code regulations. 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 Page 3 of 7 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 mariner whatsoever, and Licensee hereby waives any claim or right to said property or any proceeds derived from the sale thereof. Section 8 insurance and Hold Harmless Indemnity a) Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VI1 or better. i) Comprehensive General Liability Policy. Throughout the term of this License, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage $500,000 injury to one person/any one occurrence/claims not limited to the policy period; $1,000,000 injury to more than one person/any one occurrence/claims not limited to the policy period. li) Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this License, Licensee shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Licensee's general liability and Page 4 of 7 umbrella liability policies to the Licensor's General Counsel for certification that the insurance requirements of this License have been satisfied. iii) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days'written notice is given to San Juan Capistrano Community Redevelopment Agency, except that ten (10) days' notice to reinstate shall be given if there is a cancellation due to failure to pay a premium. 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 9 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 10 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. 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 11 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: Page 5of7 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 12 Renewal of Agreement At the favorable completion of this License Agreement, the Licensee may determine that a renewal of the agreement is an acceptable course of action. If it is the intent of the Licensee to remain on said premises, written notice of intent to occupy premises on a continuing basis will be submitted to the Licensor prior to the termination of this agreement. Under these circumstances, until such time as a new agreement can be finalized, the parties agree that the existing License Agreement will remain in force as a holdover Agreement. Section 13 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. [Signatures on following page.] Page 6 of 7 IN WITNESS WHEREOF,the Licensor and Licensee have caused this Agreement to be executed on the date and year first written above. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic Mark Nielsen, Chairman ATTEST. Meg Monahan, Agency Secretary APPROVED AS TO FORM: Omar Sandoval, Agency Counsel SOUTH ORANGE COUNTY COMMUNITY THEATRE, a non-profit corporation T Cott, President Dated Page 7 of 7 U—Z s I,e66� . i S�.n�ta g _ a enc: /op Soh,�a 3 U 2 2 sr,'�arr.,Y.Io / �7 � ihcl•: _ /� Fcc} cq.",/tNe Keo.j �/i•nei.s;e„5 Gi'e Opp rvXor:'.a'�e� - SAo� ^�S x}2.6 -S C PC RESOLUTION NO. 05-07-12-2 CONDITIONAL USE PERMIT 05-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY O SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A CONDITIONAL USE PERMIT ALLOWING THE SAFE 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. t patron 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 El Camino Real. Boer 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 pursuant to Section 15052 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 .gran Capistrano General Plan; and; EXHIBIT B 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 (1 5) 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 y - , oRobert Ctalrdoza, Vice Chairman "AhUA� Molly Bog11-,(TlanNng Director PAP1annhq\Ard)1veSCUP PROJECTS\CUP0504-Camino Real Playhouse Wine Serv$Ce=l?05-04 P0reso-32#uiy05,dX } RESOLUTION #: 05-07-12-2 Exhibit A CONDITIONS OF APPROVAL Project#: CUP 05-04 Project Name:Camino Real Playhouse APPROVAL. DATE: July 12, 2005 EFFECTIVE DATE: July 27, 2005 EXPIRATION DATE: 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 El 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: 1. 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 El 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 El Camino Real, generally located approximately 200 feet south of Ortega Highway and approximately 20 feet east of El 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 Planning Commission Resolution 05-07-12-2 Final Conditions of Approval CUP 05-04 July 12, 2005 Page 2 of 4 not appealed, this approval shall become effective on the first business day following the fifteenth (I 5t") 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 attach, 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 1 Planning Commission Resolution 05-07-12-2 Final Conditions of Approval CUP 05-04 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. 9. 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. Oran e Count Fire Authorit (OC1 A A roval, 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. T 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 priorto obtaining business license permits,. 14. The applicant shall secure all applicable sign permits in accordance with Section .9-3.603 of the Municipal Code. Planning Commission Resolution 05-07-12-2 final Conditions of Approval CUP 05-04 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 OCTA= Orange County Fire Authority Date of Approval: July 12, 2005 { Resolution No.: 05-07-12-x Effective Date: July 27, 2005 Applicant Acceptance of Conditions of Approval: By: Applicant Name Date Title PAP€ann€ng�Archlve�CUP PROJECTMUP0504-Camino Real Playhouse W ne ServfceMC City-Standard Conditlons ofApproval--2005-S.doc CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number NONPROFIT PUBLIC BENEFIT CORPORATIONS 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: 1. 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, fo 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 �� ss• The Rocky Horror Show 912112007 1255 24 .$26,739 230, 18% -145 12°1 103 8%. '165 13% 178 14% '' 206 _ 16% 128 10% 100 8% It's A Wonderful Life 4112312D07 1519" 27 $31,065 '282. .19% 175 12% 126 8% '':198 730A ..201 13% 226 16% 187 12% 124 6% Shoal Oft 114120116 614 34 $8,778 102 17% 64 10% 51 S°/a 75 12% 5$ 4% 98 .16% 101 .` 16% 67 11%.::: Dur.Town 2/812008 779 18 ;$10,797 '5221 280A .' 123 16% 59 $% 84 111/ 144' :1391 86 11% 57 7"/° 45 6% Melodrama 3/1412008 9074 21 $16,047 :':192 180% '118 11% 86 8% :146 13% 140. .13% . .183 17% 118 11% 87 go/- Cabaret %Cabaret ;41212008 -1158.'? 20 $22,791, 220 19% ?1 118 10% 93 8%::'.451 13% 148. 13% 197 17%. 127 . 11% "104 9% Shakespeare 7/1012007 1248:` 110 $19,401 225 18% .f138 11a/° 10D :` $% `162 13% 162 13% 212 17% 137 11% 112 9% Second Stage 8 shows 2160 18 $4,50D St9C1tN 4'r1l'AI 7647.:: 254-$140,118: 1472 19% ,.::88t 61$ 975 .989 1208 855 1.1%, 649;. 8% -3,..-. z ) s z., 2.t, .:.a z. zJY,._ � > ,r{S +� ,.l.:.. _ r _s. 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LF lfi7Yl3✓ �Dlik z:- D �- .Nn lit_ _S y� £I 1� ... .. �- •`%. .. �., < z F -< s,� _l >/„�., oi.,, ,.:.141.. +�: �.4 � _; ...,. > ii.. .!r 7. ,� .>,5' :.:, f }.'- ,r i , Z>,5�S� ,c' {r',. �../,�.,-, �E ✓,.r r.. f .�.. ..✓f E ,� -::, f ,.., -.J �., >_�,,,.rx./.,✓--.. -73 ,.,..z , ,,:.,...., r, 7 .95 � i.,,�r.f<, t r. J > 3-, l -Y t. E F s�. ,,... ,,..-... -., r '� r:n a ... .,7 .. -3 5 €-.,. �� ., ,i/, ,.,.,,,,.1 � �.. :.. t s. F ,r., .,,.., s r. z '✓ .,.,, 5” �. .. :..,. .z ,e „! ., ,. r ,t !:.,._ ,.rs '`.'1; .� ,..r ,.'�- .,.. ....,.,..>✓., 1f Y S- F 's>i'rE.. t 1. {{p� -., .. .. . �j �i y�...., .,.,. , y.,�.. ,., ..,.,t. f � ✓ ,�-,4,.<: ../ ,/?zz,a/ „> .., C -s i. E,,.. ...b..t..,a:, _.3 1' q $q }}. j i . 1 - 17 i> _E>.t-,3 1 <F*�_ !`�bti->i'i,-.,L,x3.'.1�,.: 5!.x�; r.<r". "iY'-; j�j} :r! i l- y�Jy b'�Ai f✓'76 ES-5)'�:�...�?.. ), u`,q1� ! (� 1. ..W..�la .., ii, ft,., .. 'Cap5... 1....yp,..... v. o0tS>3. x,.,_ 3 -t,. -i�>y.�-..).0-5 jf ��✓y!f 5 r'tS .3 F?.f���:r.<,A: 3It S Z ���x,r-c:.- S.`i'r7GG,,��f.;� ..., Cif'. 3_ TmmTmm 8932_ 457 $141,403 2232. 25% 1266 14% 818 9% 975 11% 989 11°!o 1208 14% 855 10°/ 649 7% D n S rr t Z PO > CITr Y OF SAN JUAN CAPI�TRANO r-� U z .......... ...... ....... ' Sin.luno Cupintnenn C­­­ity R,d... Ag­,y . ................. rr > LM CITY OF SAN JUAN CAPISTRANO­M� 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 6:30 p.m. on Tuesday, October 7, 2008, in the City Council Chamber in City Hall, to consider: "Consideration of 2008 - 2015 License Agreement for Use of 31776 El Camino Real for the Camino Real Playhouse - (South Orange County Community Theatre)" — Item No. D1. 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 the City Clerk's office by 12:00 p.m. on Tuesday, October 7, 2008 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a yellow "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. Durnhart, Economic Development Manager. You may contact that staff member at (949) 443-6316 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.otq. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk@sanjuanc?tp,istrano.or.g. Meg Monahan, MMC City Clerk cc: Tom Scott; Douglas D. Durnhart, Economic Development Manager 32400 asee Adelanto @ San Juan CApistrano & California 92675 (949)493.1171 Q�Printed on 100%r©rycled pap., Page 1 of 1 Christy Jakl From: Christy Jakl Sent: Monday, October 06, 2008 2:57 PM To; 'Tom_Scott@cox.net' Subject: October 7, 2008 Board of Directors Consideration Importance: High Attachments: 08-1007 cra D1 notice.pdf Good Afternoon, Please see the attached notification letter regarding a San Juan Capistrano.Community Redevelopment Agency meeting agenda item. This letter has been forwarded to you at the request of the project manager. We sincerely apologize for sending such late notice. Normally we would mail this notice by October 2, 2008. That mailing did not go out as scheduled. You can view the agenda report for this item at: http //ww.saniva_ncapistrano..,orglindex.aspx?recordid=25.11.&page=508 Sincerely, Christi J,k1 Administrative Specialist, City Clerk's Office 32400 Paseo Adelanto San .Tuan Capistrano, CA 92575 (949) 443-631.0 l (949) 493-1053 fax 10/6/2008 Page 1 of 1 Maria Morris ..,., ..ri. From: Maria Morris Sent: Monday, October 27, 2008 3:32 PM (��JQV To: Douglas Durnhart �. Subject: South Orange County Community Theatre 1C Hi Douglas, We received their insurance with the exception of the Endorsement Form. Thanks!!? Maria Morris Deputy City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6309 (949) 493-1053 -Fax 10/27/2008 e 32400 PASE0 ADELAN7o MEMBERS OF THE CITY COUNCIL SAN JUAN CAP]ISTRANO,CA 92675 Ji' ■ - (949)493.1171 ` &&& SAM ALLEVATO R[o-RP0RA740 (949)493-1053 FAx ' THOMAS W.HR;BAR RireRl[SRFR ��� MARK NIELSEN WYiwSL17'ljZ>ancapistra o.org 1776 JOE SOTO e e OR.LONDRES Li$O October 20, 2008 South Orange County Community Theatre 31776 El Camino Real San Juan Capistrano, CA 92675 Attn: Tom Scott Dear Mr. Scott: A License Agreement related to 31776 EI Camino Real is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 8. Insurance and Hold Harmless Indemnity. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Douglas Dumhart, Economic Development Manager (949) 443-6316. Please call Maria Morris, Deputy City Clerk (949) 443-6309 if you have questions regarding the forms of insurance needed. Thank you, M Mona an, MMC e ity Clerk cc: Douglas Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future �� Printed on 100%recycled paper 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 8 Insurance and Hold Harmless Indlemnily a) Insurance. Insurance required herein shall be provided by Admitted Insurers in goad standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. i) Comprehensive General Liability Policy. Throughout the term of this License, . Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/claims not limited to the policy period; $1,000,000 injury to more than one person/any one occurrence/claims not limited to the policy period. ii) Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this License, Licensee shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Licensee's general liability and Page 4 of 7 umbrella liability policies to the Licensor's General Counsel for certification that the insurance requirements of this License have been satisfied. iii) Notice of Cancellation/Termination of Insurance, The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty(30) days'written notice is given to San Juan Capistrano Community Redevelopment Agency, except that ten (10) days' notice to reinstate shall be given if there is a cancellation due to failure to pay a premium. 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 9 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 10 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. 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 11 Notices Any notice required to be given underthis 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: Page 5of7 OOT-22-08 WED 09:57 AM USI SW. FAX N0, 3258584519 P. 01 DA FE(M€Oitjr,rYrYy( CORD- CERTIFICATE OF LIABILITY INSURANCE _ J ..Ja1�zJ08 ... TWS CE�3TIFtcAAAA 1S lSSUF-.(i 'a P�hi.417EH C1r s1SFC3�SIVIAPUCi PaonLtcER ONLY AND CONFER,NO RIGHT',,ILI'ON THIL CEr,firiCATF II USI SouthweSt Inc San AnrgeloCL I IOLDIER.THIS CII IFICATE N)i' Nt)T AMEND,FXV-7190 on — { 133 W.Concho Ave.,Ste 301 AVIII THE COVERAGE Al}VE3,iisi; 1 IlY TNf f ESC€CIEs t3El UlV_ it San Angola,TX 76903 NAI(:'!% 325 655-5656 IN5UR1,'RS APFORDINIC COVEF:A(,,:. — 2:1850 _�.,. _ ._,� ---• »I�•;un:€;A P�il3cJclpt}ia 1n43€t.irt+'€••-CE}m�any IN 6URE0 South Grange County ComnTunity Theatre Itd.u'I.It r7. dba Camilto Real playhouseI'N7VI<.It r _ ,--- -.-- 31776 El Camino Real r\°w".2t0, San,3uanCapistrano,CA 92675 COVERAGES -- T11t f'OLICiES(}F'INsui€ANU LISTEQ BEL OvV HAUL f6CCN ISSUED TO TI I DCU D TnN`T f i Rr. uEGT l f1 in l 1(.`FI lI II,C€Ill I IICATIn MAY I Ir I''311,1L 0 Ofir{jlt cl ANY r�EQIIIrECN,.NT.TERM OR C€1NOITIC)N OF ANY CONTRACT OR OTHER ANY EQLII IN.;HC INeURf�NCE nrF�ORDCo BY THT POLICIES OrSCRICLU HCnE7N 1;,SGL�Jf C:[T(>A€:LT}IE i LR'1`I:i S:>:^,€,LIri,L�lJ.j ANfJ CrJ41D%rlfJlvS C)I-bllf'b, F'OtICICS Ari Vl'tErnTc LtNfrS&TOWN MAY HAvE tEf N REpUC£C i3Y PAtb CCnPM:k'IC—'[ro-l�t C'.iv Pnl,€Lr r.RPlr aYVrrN XT7 })0 FOLiCY NVMCEa r,Al}:(nn€s€€s1Nr DPT�..LIwP-11!LyYI,.�:--. LTN_fDD Tn_k or Ir�sunnN_c€ - � — OA(2'[IdD& A GCNCRALtIADILIfy JY �l PK2536G9XCF,NIMCNr€ALOENFaAI L€A€�IL�L � r..L.hlf.ALIII€i11U€:' �1,6t11}0(3p X —....—. .. ,.....-. � r;i_ra•}a 1,A=,cK€€�Ast. J.2 pQJ,Dt10 ,_ 12f1000,900 ArrrCC.AYf_LIM11'APPL€CS PER' . LAC 'DpwC%.IIAIIi:dl D SINr,I i Ll�il S� '. pLITOMOGtLE LIAWL€TYANY AU Tis j1 ,.aiYT€1€)1.Y 8 .. -ALL OINNCO AU'1 OS BC4I.I';ULED AUTOS -I1 -..... s.r::11'.Y cwI�rrf '11Eti!^t?nLl'#t7v5 ll�I r�ccr,i,inF•i}�_ _� — —_.. Nf)R DVVNS O AUTO I,1rY OAPdni-CS Y-FAAf,r.]'=¢'YN I GAkAGfu €TY tCIL —... F!,ner, S ANY AUTO I FUi11 r,THA Af.I; EXCF,\SIUMBRCLLA LI nUILITY _ C:CCu'i CLAIMS MADE vr€: IAT 1"'I', WORKCRS COMPE115ATI0N AND EmPL0YkI4'tIAffILITY - I I tAf,1{AGC€E7?N^f,•—. 3 ....---.-. ANY I'Kt,tr•RiC JOWAVNErUCX�.f:UTIVE _ (I,!,itr"r,,I.•f'A (3rP1G},RIMCIYIfrk CXCldr�CD't 3 €yyatl6rP.i rv64F,€ti n= - .»., .} It€_F;ASr.i'i fl lf•Y€.IMII. L .........................—_ 'IAi.Pfi('V!'iIONE'��}'r»k, - .—• .-.— - OTnErt iTCBCRIErTIpNOE�OrEna.7'IONSILOCAT€DtdsfVEMILLCSfEXCtUS10N5AD00CYENPOn P-Mi.hTi:PI-LIAl,PNOVI,ION Certificate}colder is Additional Insured as respetts Genural Llalzility- Locq 1 -31776 El Cantina Beal; Stn Juan Capistrano,GA CERTIFICATErrHOLDER -- '. ,liU€II,R ANY GF l;€L;A,fatrvt [rC S�ItICli:l)PC IrirS TSI.f`.ANC•'I.I t'-R ur'.t as C TV€I'LXM€?ATIDN F�L7=11 E r19#.ItEUr,TNS'€���ilNli Its^V'ii.tl�f1r i,I N[€EAVr11['I<)1�]AIL [sAY4 WIdITffN City of San Juan Capistr,,mo 32400 Pasco AdelantoNr3'.'I,:f:70TIeCCCRYIlfCnTPFtrlr_Cr€:PFI.:r.1 FI'Sf colr.OU(fAILUk itiOOgo51ink1. San Juan Capistrano,CA 92675 WIPC,,C N00(kW{AYIDN UI:LIAM,lYY f,r A?,'r KIND U0<;N11 ti€NS UItLsi,rY t At',CNI'S OId" Attn:City Clerk t;�,•I4L:,ey°rarivt-5....... ..... .._..._._. �---...,.._-.. �,__,.,....__... nuT}IortlxL o Ncl li=aI.NTArivo A0121)CUitPORA'IION 7385 ACORD 25(2001108)1 of 2 #S25264101M2526 409 OCT-22-08 GEED 09�57 AN USI SW FAX NO, 3256564519 P. 02 IMPORTANT If iho cerlificnie holder Is an ADDITIONAL INSUREID,the {cll ey(:eS)MLI't he cns;nr'r�t, A trt rnG�t crn this CcrtiSiCa does riot confer rights lio tho cc6f a"Ct tall(ler if)lii'w of.3 icil If SUBROGATION 1S WAIVED, subject to the t,rms,inn Chndiuon:of,130 po!ic y,T;("t.01 Plici:u nviy requirc an cndorsomenl. A stAcrne'lt on this cerl3fiCNCl clots rCt rnnf& rlrjhl+ 13 114 Uhtil'c.t€'} Bolder In lieu of sllch cndomcment(s). DISCLAIMER The Ccrtifiulto of insurance on tho reversc side of tins fc�rrn docs not ccnvartutip c O<ra the issuirifg IllSuref(S), authorized roptesent ltive of Proditer,and tl1e fi-rfilic3t? Iv 3l{.'I', ,ior (!+�r( it affirmatively or negatively amend, cutend or a!f -r tiro Gf3'rsr,�r�o nifurded try thu}niir.i..s Si tt'.Et 111crc yn. ACORD 2S_g(2041108) 2 of 2 #525264101M2526409 NOV-05--08 WED 04: 11 PSI US[ SW FAX NO, 3256584519 P. 01 POLICY NUMBER: PHPK334556 COMMERCIAL CYENERAL LIA611_11"Y CG 20 11 01 S6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL, INSURED - MANAGERS OR L =SS0R:3 OF PREMISES This endorsement modifies insurance provided under tho f0o"c iino: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Promises(Part Leased to You): 31776 EI Camino Real San )uon C,3p� trano, C7 2. Name of Poison or Organization(Additional Insured), CEI:y or Sar, tuw)n c aai irtEno „� �i 3. Additional Premium. included Community ItedevelepmoniL A(.jflt)cy (if no entry appears abovo, the information reguirod to compl'A, this cndot-,ofn&,,t will 1:,c shown in the Dcckira tions as applicable to this endorsement.) WHO IS AN INSURED (SCction 11)is amended to include a; an insufoo tl ie poison or orgl nizatvi ;.hown in tho Schedule but only with respect to liability arising out of the bwnership,.mninlcn)nrr; or Esse of th'.i Pall of tho l)rCIMIses leased to you and shown in the Schedule and subject to the followincd 1,i6 llior�-il(;xOosions- This itlstrrance does not apply to: 1. Any"Occurrence"which takes place after you ceaso to be a tenant intitbit lair rr3i c 2. Structural alterations, new construction or demolition operations petforimd by or r,n b half of 11,c pc;-son or organization shown in the Schedulo. CG 20 11 01 96 Copyright, Insurance Sorvice.;OfFice, Inc- 1994 p1go 1 0 1 C7