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06-0919_SOUTH ORANGE COUNTY COMMUNITY THEATRE_License Agreement2006-2007 LICENSE AGREEMENT This License Agreement is made this 19th day of September, 2006 (the "Agreement") by and between the San Juan Capistrano Community Redevelopment Agency, a public body corporate and politic (hereinafter "Licensor"), and the South Orange County Community Theatre, a California non-profit corporation (hereinafter "Licensee"). Section I Grant of License a) Licensor hereby grants to Licensee a license to utilize a portion of the building structure at 31776 EI Camino Real for the purpose of operating a theatre/playhouse for the performing arts as depicted in Exhibit A. b) This grant of license is nonexclusive in that Licensor or the City of San Juan Capistrano (hereinafter "City") shall have the right to utilize the Property for its public purposes so long as seven (7) calendar days' advance notice is given to Licensee, and the use will not unreasonably interfere with Licensee's theatre activities. In this regard, Licensee must, upon request from Licensor or City, make not less than ten (10) hours of normal daily work time (that is, 8:00 a.m. through 8:00 p.m.) per week available to Licensor or City for their public use needs. Licensee shall take reasonable efforts to coordinate the scheduling of its activities with the scheduling needs of Licensor and City. c) Licensor and Licensee agree that this theatre use has been, from its inception, and continues to be a temporary use of the property until such time as Licensor determines what permanent use shall be instituted at the site and that Government Code Sections 7260, et seq., have no application to this Agreement. Licensee acknowledges Licensor has no obligation for the relocation of person or persons, business or businesses, as other occupant or occupants located on the property or the compensation for Licensees improvements, fixtures, furniture, equipment or goodwill whatsoever. Section 2 Term The term of this license shall be for one (1) year from the date of execution. Section 3 Nature of Use and Activities Permitted Under the Agreement The Property subject to this license shall be used only for a theatre/playhouse for the performing arts, and the advancement of performing arts and for no other use. The performing arts include live theatre, film, music, comedy, dance, story telling, opera and improvisation. Other activities permitted include youth theatre classes, acting lessons and set development for the advancement of performing arts and as a staging area for plays that have been permitted in the Historic Town Center Park. The Playhouse may serve beer and wine on-site subject to the terms of their Conditional Use Permit 05-04 (Planning Commission Resolution 05-07-12-2) attached hereto and incorporated herein as Exhibit B. Page 1 of 5 9 0 Section 4 Consideration In consideration of this grant of License, Licensee shall: a) Pay to the Licensor the sum of One Hundred Dollars ($100.00) for the term payable within 15 days from execution of License; and, b) Meet the submission requirements of City Council Policy Number 014 provided as Exhibit C attached and incorporated herein; and, C) Submit seasonal reports of attendance at theatre/playhouse productions. These reports should reflect date, title of the production, number of production attendees (audience) and total dollar amount of ticket sales. These reports are due 15 days after the end show and an annual report summarizing the information is due at the end of the season. The Season period runs from September through August; and, d) Have its' Board of Directors submit a progress report on the Theatre's implementation of its medium and long-term goals and objectives. The report should include an updated transition strategy for vacating the building located at 31776 EI Camino Real. The progress report shall be submitted within six (6) months of execution of License; and, e) Licensee shall not use the building structure or city facilities and grounds in connection with any political elections, political or religious activity. Section 5 Parking Licensee acknowledges that there is no dedicated parking area for the Property. Licensor shall have no obligation to provide for Licensee's parking needs. Section 6 Utilities Licensee shall pay directly to the appropriate utility company all charges for utility services supplied to Licensee for which there is a separate meter and/or sub meter to the property. Licensee agrees to pay to Licensor its share of all charges for utility services supplied to the Property for which there is no separate meter or sub meter. Section 7 Condition of Premises Prior to execution of this Agreement, there shall be a walk-through of the Property. If any violations of any of City's building and fire codes are found to exist, they shall be cured prior to Licensor's approval of this Agreement. Section 8 Maintenance of Property The Property shall be maintained in full compliance with all of the City's Building and Fire code regulations. Page 2 of 5 a) Licensee shall not, without Licensor's prior written consent make any alterations, improvements, additions, or Utility Installations in, on or about the Premises. The term "Utility Installation" shall mean air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and gas. Licensor may require that Licensee remove any or all of said alterations, improvements, additions or Utility Installations at the expiration of the Term, and restore the Premises to its prior condition. Should Licensee make any alterations, improvements, additions or Utility Installations without the prior approval of Licensor, Licensor may require that Licensee remove any or all of the same. b) Any alterations, improvements, additions or Utility Installations in, or about the Premises that Licensee shall desire to make and which requires the consent of the Licensor shall be represented to Licensor in written form, with proposed detailed plans. If Licensor shall give its consent, the consent shall be deemed conditioned upon Licensee acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Licensor prior to the commencement of the work and the compliance by Licensee of all conditions of said permit in a prompt and expeditious manner. c) If, at the end of the Term or earlier termination as herein provided, Licensee has left any merchandise, equipment or fixtures in or about the Premises, Licensor may give Licensee written notice to remove said property. In the event said property is not removed within ten (10) days of the sending of said notice, Licensor may dispose of said property in any manner whatsoever, and Licensee hereby waives any claim or right to said property or any proceeds derived from the sale thereof. Section 9 Insurance and Hold Harmless Indemnity a) Insurance. Licensee shall maintain general liability with a reputable insurance company in amounts of not less than $1,000,000.00 combined single limit. Licensee shall submit the insurance certificates and endorsement forms, naming the Licensor as additional insured to the Licensee's general liability policy, to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. b) Indemnity. Licensee shall defend, hold harmless, and indemnify Licensor, its elected and appointed officials, and employees, and agents, from any and all losses, damages, injuries, accidents, costs or expenses (including but not limited to attorneys' fees) arising out of the exercise of Licensee's rights and obligations under this Agreement. Section 10 Inspection Licensor and its designated representatives, employees, agents or independent contractors may enter and inspect the Property or any portion thereof at any time and from time to time. Page 3 of 5 0 9 Section 11 No Assignments Licensee shall not transfer, encumber, assign or hypothecate this License Agreement in whole or in part, whether voluntarily or involuntarily nor sublet all or any part of the Premises and any Improvements without the prior written consent of Licensor, which consent may be granted or withheld in Licensor's sole discretion. Licensor acknowledges and consents to the Licensee's contracting with production companies, individual performers, and teachers to facilitate the activities permitted under this agreement. Licensor specifically consents to the Orange Curtain Theatre's use of the property. Consent to any such assignment or sublicense shall not release Licensee from its obligations under this License Agreement, and shall not be construed as a consent to any further or subsequent such assignment or sublicense or be construed as a waiver of the right to object to any further or subsequent such assignment or license. Section 12 Termination Notwithstanding the one-year term of this Agreement, Licensor and Licensee mutually reserve the right to terminate this Agreement without cause at any time by providing sixty (60) days' advance written notice of termination to the other party, except that Licensor may terminate this Agreement immediately if Licensee constructs improvements in violation of Section 8 of this Agreement. Section 13 Notices Any notice required to be given under this Agreement shall be in writing and shall be deemed to have been duly given and received if and when personally served, or forty-eight (48) hours after being deposited in the United States mail, first class, postage prepaid, addressed to the intended party at: Licensor San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Douglas D. Dumhart Section 14 Entire Agreement Licensee: South Orange County Community Theatre 31776 EI Camino Real San Juan Capistrano, CA 92675 Attn: Tom Scott This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Page 4 of 5 F 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 AS TO FORM: SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public bony-cotporat,and politic Joe Sdto. Chairman SOUTH ORANGE COUNTY COMMUNITY THEATRE, a non-profit corporation Tom Scott, President Attachments: Exhibit A Description of Premises Exhibit 8 Conditional Use Permit 05-04 Exhibit C City Council Policy #014 P:\City Ma agedCmgr Shared,CRA\Agreement&ICENSE AGREEMENT SOCCT FY 0607.doc Page 5 of 5 �wC) 9 � 9 N R 7 ' 3 W F � 3 a a, f 3 X � a � U 7 ' v \ � o � � h —h r1 9 N c W h s v V W � W 1+ a N N H T y� Nr ;F rn n �y � n \ r' A `1- i n V N � N � _a w w n r d, .t x ro Q 3 N R 7 0 f 3 X � U 1- r1 - �"L V AM IA/ o /2E$1_ Exhibit A- EXHIBIT A PC RESOLUTION NO. 05-07-12-2 CONDITIONAL USE PERMIT 05-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A CONDITIONAL USE PERMIT ALLOWING THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION. THE PROJECT SITE IS LOCATED AT 31776 EL CAMINO REAL (ASSESSORS PARCEL NUMBER 124-160-55) (CAMINO REAL PLAYHOUSE). WHEREAS, The City of San Juan Capistrano (Community Redevelopment Agency) is owner of real property described as Assessor's Parcel Number 124-160-55 located at 32400 Paseo Adelanto, San Juan Capistrano; and, WHEREAS, The Camino Real Playhouse has requested approval for a Conditional Use Permit (CUP) 05-04 to sell beer and wine for on-site consumption to patrons approximately thirty (30) minutes prior to scheduled performances and during event intermissions. The permit will include the sale of beer and wine and consumption will be confined to an internal 240 square -foot guest area and a 256 square -foot exterior deck area in front of the Camino Real Playhouse and directly adjacent to EI Camino Real. Beer and wine will be dispensed from an 18" by 48" mobile cart. WHEREAS, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code and reviewed for compliance with the City's General Plan and the City's adopted Architectural Design Guidelines; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15305 of the California Environmental Quality Act (CEQA) and issued a Class 5 categorical exemption and caused a Notice of Exemption to be posted 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 make the following findings: 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan; and; EXHIBIT B 1-1 L 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 find approves the project subject to conditions of approval set forth in Exhibit A, attached hereto and incorporated herein, EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at 5:00 PM, Wednesday, July 27th, 2005. PASSED, APPROVED AND ADOPTED this 12th day of July, 2005, by the following vote, to wit: AYES: Commissioner Drey, Ratcliffe, Cohen, and Vice Chairman Cardoza NOES: ABSTAIN: ABSENT: Chairman Tim Neely Robert Vrdoza, Vice Chairman P1Plann1ngv+mhlve\CUP PROJECTMCUP0604-Camino Real Playhouse Wlno SenloMCUP 06-04 PCreso-121uly06.dw E Project #: CUP 06.04 APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: RESOLUTION #: 05-07-12-2 Exhibit A CONDITIONS OF APPROVAL Project Name: Camino Real Playhouse July 12, 2005 July 27, 2005 July 27, 2007 (if use is not inaugurated by this date) These conditions of approval apply to Conditional Use Permit # 05-04, a request to sell beer and wine for on-site consumption to patrons approximately thirty (30) minutes prior to scheduled performances and during event intermissions. The permit will include the sale of beer and wine only and consumption will be confined to an internal 240 square - foot guest area and a 256 square -foot exterior deck area in front of the Camino Real Playhouse and directly adjacent to EI Camino Real. Beer and wine will be dispensed from an 18" by 48" mobile cart on the existing Camino Real Playhouse Building located at 31776 EI Camino Real, generally located approximately 200 feet south of Ortega Highway and approximately 20 feet east of EI Camino Real (APN 124-160-55). Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted to the City Planning Department along with the required application and fee, for review. For the purpose of these conditions, the term "applicant' shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: Conditional Use Permit # 05-04 is granted to serve beer and wine to patrons approximately thirty (30) minutes prior to scheduled performances and during event intermissions. The permit will include the sale of beer and wine only and consumption will be confined to an internal 240 square -foot guest area and a 256 square -foot exterior deck area in front of the Camino Real Playhouse and directly adjacent to EI Camino Real, Beer and wine will be dispensed from an 18" by 48" mobile cart on the existing Camino Real Playhouse Building located at 31776 EI Camino Real, generally located approximately 200 feet south of Ortega Highway and approximately 20 feet east of EI Camino Real (APN 124-160-55). This approval is granted based on the application materials submitted by Camino Real Playhouse, on March 22, 2005, prepared by Tom Scott, Agent for the Camino Real Playhouse including site plan and floor plans. These plans and the proposed use of the site are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Planning Director to be in substantial conformance with the approved site plan, and which .do not intensify or change the use or require any deviations from adopted standards, may be approved by the Planning Director upon submittal of an application and the required fee. If L Planning Commission Resolution 05-07-12-2 CUP 05-04 0 Final Conditions of Approval July 12, 2005 Page 2 of 4 not appealed, this approval shall become effective on the first business day following the fifteenth (15th) day after the date of the Planning Commission's approval and shall expire July 27, 2007 (24) months after the effective date of the approval unless the use or occupancy which is the subject of this action has taken place and all conditions of approval have been met, or a time extension has been granted by the City. Any application for an extension of time shall be submitted to the Planning Department, along with the required fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Planning Director. 2. _ Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. _ All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. 4. _ The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano. and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents dh the defense of the matter. 5. _ The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. _ In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any 0 0 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 Fire Authority (OCFA) Approval. The applicant shall secure OCFA approval prior to commencement to any interior building alterations. 11. _ The applicant shall abide by all conditions of approval as set forth in the permit issued by the California Department of Alcoholic Beverage Control. In addition, the applicant shall secure approval and proper permits from the California Department of Alcoholic Beverage Control and the City of San Juan Capistrano prior to the service of any alcoholic beverage type not specified in the approved permit. 12. _ If a violation of the Department of Alcoholic Beverage Control shall occur as a result of a sale from the above mentioned location, the City may initiate business license revocation hearings in accordance with the procedures of Section 3-1.202 (c)(7) of the Municipal Code, and the conditional use permit may be revoked in accordance with Section 9-2.317(k) of the Municipal Code. 13. _ The applicant shall meet all of the conditions applied by the Orange County Health Department prior to obtaining business license permits. 14. _ The applicant shall secure all applicable sign permits in accordance with Section 9-3.803 of the Municipal Code. 0 Planning Commission Resolution 05-07-12-2 CUP 05-04 Final Conditions of Approval July 12, 2005 Page 4 of 4 15. _ Any building modifications and/or interior alterations necessary to fulfill Orange County Fire Authority (OCFA), Orange County Health Department, and Alcohol Beverage Control (ABC) requirements for permits need to have prior approval by the landlord and City of San Juan Capistrano Building Department. 16. All alcohol sales shall cease and desist at the end of event intermissions Responsible Agencies: B&S Building and Safety ENG = Engineering Department PLN = Planning Department PW = Public Works Department OCFA = Orange County Fire Authority Date of Approval: July 12, 2005 Resolution No Effective Date: 05-07-12-x July 27, 2005 Applicant Acceptance of Conditions of Approval: By._-.. Applicant Name Its: �r?Si colol-ph 94` kGM Date PAPlannlnpWmhlve\CUP PROJECTS\CUP0604-Camino Real Playhouae Wine Serviwe SJC City -Standard Condltlona of Approval--2005-5,do0 0 0 CITY OF SAN JUAN CAPISTRANO Subject: NONPROFIT PUBLIC BENEFIT CORPORATIONS COUNCIL POLICY Effective Policy Page Date Number 1 of 1 2/5/02 014 This policy is hereby created as a means to ensure that non-profit public benefit corporations that enter into, and maintain, any agreements or relationships, with the City of San Juan Capistrano, where the City provides a direct subsidy, or leases property at no rent or minimal rent levels to the non-profit organization, are not organized for the private gain of any person. The subject organization must be a non-profit organization with headquarters or a branch office located within the City of San Juan Capistrano. The subject organization must: Be organized under the Nonprofit Public Benefit Corporation Law for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. 2. Not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. Not dedicate any part of its net income or assets to the benefit of any director, officer or member of said corporation or to the benefit of any private person. 4. Submit a semi-annual report describing how the agreed upon services or programs were rendered during the performance reporting period. The report must include: 1. Number of citizens receiving benefits; 2. The city of residence of citizens receiving benefits; 3. Proof of the organization's continued nonprofit status; 4. Disclosure of all activities the organization has conducted on City property, or with City funds; 5. An account of organization's performance as established in agreement with the City. Such performance measurement standards shall be negotiated at the time agreement is entered into, and reflected in said agreement. The agreement shall also identify to whom the report is to be addressed and establish the dates when it is due to the City. 6. Information on the total revenue received by the organization during the reporting period and disclosure of the sources of that revenue. Failure to submit to the City the required performance reports shall make the organization ineligible for a continued financial relationship, agreement, etc. with the City of San Juan Capistrano. ### EXHIBIT C 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 PAx www.sanjuancapistrano.org TRANSMITTAL TO: Ia[OIPOIIif1 fslousaal � 196) 1776 Tom Scott South Orange County Community Theatre 31776 EI Camino Real San Juan Capistrano, CA 92675 DATE: October 12, 2006 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: License Agreement for Use of Property at 31776 EI Camino Real MEMBERS OF THE CITY COUNCIL SAMALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Thank you for forwarding 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 call me at (949) 443-6309. If you have questions concerning the agreement, please contact the project manager, Douglas D. Dumhart, Economic Development Manager (949) 443-6316. An original, executed agreement is enclosed for your records. Cc: Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future J Printed on 100% Recycled Paper • Yj CRA 9/19/2006 y� AGENDA REPORT 63 TO: Dave Adams, Executive Director FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Consideration of License Agreement for Use of 31776 EI Camino Real for the EI Camino Real Playhouse — (South Orange County Community Theatre) RECOMMENDATION: By motion, approve the 2006-2007 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: On September 6, 2005, the Agency approved a one year License Agreement with the South Orange County Community Theatre for the use of 31776 EI Camino Real as a community theatre. The term of the License states, 'The term of this license shall be for one year from the date of execution." The License expires on September 6, 2006. A new one year license has been prepared for the Board of Directors consideration. The 2006 — 2007 License Agreement is provided as Attachment 1 to this agenda report. SOCCT has been operating in this facility as a temporary use for 14 years. The Theatre initially occupied 4,500 square feet of the 11,150 square foot building. Today SOCCT occupies all but a 400 square feet of the building as indicated on Exhibit A of the License Agreement. NOTIFICATION: Tom Scott. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The License Agreement requires the SOCCT to pay $100 for the License to use 11,150 sf building at 31776 EI Camino Real for a Playhouse. 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, Agenda Report • • September 19, 2006 Page 2 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 submission for this requirement. RECOMMENDATION: By motion, approve the 2006-2007 License Agreement with South Orange County Community Theatre for the use of 31776 EI Camino Real for operating a Theatre/Playhouse. Respectfully submitted, Z� 1^4d/0 10e.&*�� Douglas D. Dumhart Economic Development Manager Attachment 1: License Agreement 2: SOCCT's CCP #14 Report 0 0 LICENSE AGREEMENT This License Agreement is made this 19th day of September, 2006 (the "Agreement") by and between the San Juan Capistrano Community Redevelopment Agency, a public body corporate and politic (hereinafter "Licensor"), and the South Orange County Community Theatre, a California non-profit corporation (hereinafter "Licensee"). Section I Grant of License a) Licensor hereby grants to Licensee a license to utilize a portion of the building structure at 31776 EI Camino Real (hereinafter "Property") 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. The Playhouse may serve beer and wine on-site subject to the terms of their Conditional Use Permit 05-04 (Planning Commission Resolution 05-07-12-2) attached hereto and incorporated herein as Exhibit B. ATTACHMENT 0 0 Section 4 Consideration In consideration of this grant of License, Licensee shall: a) Pay to the Licensor the sum of One Hundred Dollars ($100.00) for the term payable within 15 days from execution of License; and b) Meet the submission requirements of City Council Policy Number 014 provided as Exhibit C attached and incorporated herein; and c) Licensee shall submit seasonal reports of attendance at theatre/playhouse productions. These reports should reflect date, title of the production, number of production attendees (audience) and total dollar amount of ticket sales. These reports are due no days after the end of the season. The Season period runs from September through August; and, d) Licensee's Board of Directors will submit a progress report on the Theatre's implementation of its medium and long-term goals and objectives. The report should include an updated transition strategy for vacating the building located at 31776 EI Camino Real. The progress report shall be submitted within six (6) months of execution of License; and e) Licensee shall not use the building structure or city facilities and grounds in connection with any political elections, political or religious activity. Section 5 Parking Licensee acknowledges that there is no dedicated parking area for the Property. Licensor shall have no obligation to provide for Licensee's parking needs. Section 6 Utilities Licensee shall pay directly to the appropriate utility company all charges for utility services supplied to Licensee for which there is a separate meter and/or sub meter to the property. Licensee agrees to pay to Licensor its share of all charges for utility services supplied to the Property for which there is no separate meter or sub meter. Section 7 Condition of Premises Prior to execution of this Agreement, there shall be a walk-through of the Property. If any violations of any of City's building and fire codes are found to exist, they shall be cured prior to Licensor's approval of this Agreement. Section 8 Maintenance of Property The Property shall be maintained in full compliance with all of the City's Building and Fire code regulations. Page 2 of 5 a) Licensee shall not, without Licensor's prior written consent make any alterations, improvements, additions, or Utility Installations in, on or about the Premises. The term "Utility Installation" shall mean air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and gas. Licensor may require that Licensee remove any or all of said alterations, improvements, additions or Utility Installations at the expiration of the Term, and restore the Premises to its prior condition. Should Licensee make any alterations, improvements, additions or Utility Installations without the prior approval of Licensor, Licensor may require that Licensee remove any or all of the same. b) Any alterations, improvements, additions or Utility Installations in, or about the Premises that Licensee shall desire to make and which requires the consent of the Licensor shall be represented to Licensor in written form, with proposed detailed plans. If Licensor shall give its consent, the consent shall be deemed conditioned upon Licensee acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Licensor prior to the commencement of the work and the compliance by Licensee of all conditions of said permit in a prompt and expeditious manner. c) If, at the end of the Term or earlier termination as herein provided, Licensee has left any merchandise, equipment or fixtures in or about the Premises, Licensor may give Licensee written notice to remove said property. In the event said property is not removed within ten (10) days of the sending of said notice, Licensor may dispose of said property in any manner whatsoever, and Licensee hereby waives any claim or right to said property or any proceeds derived from the sale thereof. Section 9 Insurance and Hold Harmless Indemnity a) Insurance. Licensee shall maintain general liability with a reputable insurance company in amounts of not less than $1,000,000.00 combined single limit, or otherformat acceptable to the Office of the City Attorney. b) Indemnity. Licensee shall defend, hold harmless, and indemnify Licensor, its elected and appointed officials, and employees, and agents, from any and all losses, damages, injuries, accidents, costs or expenses (including but not limited to attorneys' fees) arising out of the exercise of Licensee's rights and obligations under this Agreement. Section 10 Inspection Licensor and its designated representatives, employees, agents or independent contractors may enter and inspect the Property or any portion thereof at any time and from time to time. Section 11 No Assionments 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 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 San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Douglas D. Dumhart Section 14 Entire Agreement Licensee: South Orange County Community Theatre 31776 EI Camino Real San Juan Capistrano, CA 92675 Attn: Tom Scott This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Page 4 of 5 0 0 IN WITNESS WHEREOF, the Licensor and Licensee have caused this Agreement to be executed on the date and year first written above. ATTEST: Meg Monahan, Agency Secretary APPROVED AS TO FORM: John R. S w g_w sef Attachments: Exhibit A Exhibit 8 Exhibit C SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic Joe Soto, Chairman SOUTH ORANGE COUNTY COMMUNITY THEATRE, a non-profit corporation Tom Scott, President Description of Premises Conditional Use Permit 05-04 City Council Policy #014 P:\City ManageWmgr ShareACRA\AgreementsUCENSE AGREEMENT SOCCT FY 0607.doc Page 5 of 5 LL) C) 9 \ D ' 3 w J b N F � G 0 v r ' r 3 � A � 4 p � o o N n n r rl Ilk S 3 P V r r r r' Na o M 3 �"y n �+ n A � � 9 n F r x i n r J b N F � G 0 r 3 A � o o n n rl 7ATI x o - C44 C,4M.Wo /ZjS6L_ Exhibit A- EXHIBIT 0 0 PC RESOLUTION NO. 06-07-12-2 CONDITIONAL USE PERMIT 05-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A CONDITIONAL USE PERMIT ALLOWING THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION. THE PROJECT SITE IS LOCATED AT 31776 EL CAMINO REAL (ASSESSORS PARCEL NUMBER 124-160-55) (CAMINO REAL PLAYHOUSE). WHEREAS, The City of San Juan Capistrano (Community Redevelopment Agency) is owner of real property described as Assessor's Parcel Number 124-160-55 located at 32400 Paseo Adelanto, San Juan Capistrano; and, WHEREAS, The Camino Real Playhouse has requested approval for a Conditional Use Permit (CUP) 05-04 to sell beer and wine for on-site consumption to patrons approximately thirty (30) minutes prior to scheduled performances and during event intermissions. The permit will include the sale of beer and wine and consumption will be confined to an internal 240 square -foot guest area and a 256 square -foot exterior deck area in front of the Camino Real Playhouse and directly adjacent to EI Camino Real. Beer and wine will be dispensed from an 18" by 48" mobile cart. WHEREAS, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code and reviewed for compliance with the City's General Plan and the City's adopted Architectural Design Guidelines; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15305 of the California Environmental Quality Act (CEQA) and issued a Class 5 categorical exemption and caused a Notice of Exemption to be posted 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 make the following findings: 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan; and; 1*4011 I(ti� 0 PC Resolution 05-07-12-2 2 July 12, 2005 2. The proposed project complies with all applicable provisions of the Land Use Code subject to the conditions of approval as set forth in Exhibit A attached to this resolution. 3. The proposed project will not result in an over -concentration of alcohol within the vicinity of the project site, due to the fact that the Camino Real Playhouse will be serving small amounts of beer and wine during established times during scheduled performances. 4. The proposed project will serve the public convenience, due to the fact that the service of alcohol is intended for theater patrons only during scheduled performances. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby confirm issuance of a categorical exemption find approves the project subject to conditions of approval set forth in Exhibit A, attached hereto and incorporated herein. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at 5:00 PM, Wednesday, July 27th, 2005. PASSED, APPROVED AND ADOPTED this 12th day of July, 2005, by the following vote, to wit: AYES: Commissioner Drey, Ratcliffe, Cohen, and Vice Chairman Cardoza NOES: ABSTAIN: ABSENT: Chairman Tim Neely Robert rdoza, Vice Chairman /. U... / Molly :..rlf�. F Director P?Plannln®Wrohlve10UP PROJECTS\CUP0604•Camino Real Playhouse Wine Servlce\CUP 06-04 PCreso-12July05.doc 0 Project #: CUP 05.04 APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: 0 RESOLUTION #: 05-07-12-2 Exhibit A CONDITIONS OF APPROVAL Project Name: Camino Real Playhouse July 12, 2005 July 27, 2005 July 27, 2007 (if use is not inaugurated by this date) These conditions of approval apply to Conditional Use Permit # 05-04, a request to sell beer and wine for on-site consumption to patrons approximately thirty (30) minutes prior to scheduled performances and during event intermissions. The permit will include the sale of beer and wine only and consumption will be confined to an internal 240 square - foot guest area and a 256 square -foot exterior deck area in front of the Camino Real Playhouse and directly adjacent to EI Camino Real. Beer and wine will be dispensed from an 18" by 48" mobile cart on the existing Camino Real Playhouse Building located at 31776 EI Camino Real, generally located approximately 200 feet south of Ortega Highway and approximately 20 feet east of EI Camino Real (APN 124-160-55). Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted, to the City Planning Department along with the required application and fee, for review. For the purpose of these conditions, the term "applicant' shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: Conditional Use Permit # 05-04 is granted to serve beer and wine to patrons approximately thirty (30) minutes prior to scheduled performances and during event intermissions. The permit will include the sale of beer and wine only and consumption will be confined to an internal 240 square -foot guest area and a 256 square -foot exterior deck area in front of the Camino Real Playhouse and directly adjacent to EI Camino Real. Beer and wine will be dispensed from an 18" by 48" mobile cart on the existing Camino Real Playhouse Building located at 31776 EI Camino Real, generally located approximately 200 feet south of Ortega Highway and approximately 20 feet east of EI Camino Real (APN 124-160-55). This approval is granted based on the application materials submitted by Camino Real Playhouse, on March 22, 2005, prepared by Tom Scott, Agent for the Camino Real Playhouse including. site plan and floor plans. These plans and the proposed use of the site are approved as submitted and conditioned herein, and shall not be further altered, unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Planning Director to be in substantial conformance with the approved site plan, and which .do not intensify or change the use or require any deviations from adopted standards, may be approved by the Planning Director upon submittal of an application and the required fee. If 0 Planning Commission Resolution 05-07-12-2 CUP 05-04 Final Conditions of Approval July 12, 2005 Page 2 of 4 not appealed, this approval shall become effective on the first business day following the fifteenth (15th) day after the date of the Planning Commission's approval and shall expire July 27, 2007 (24) months after the effective date of the approval unless the use or occupancy which is the subject of this action has taken place and all conditions of approval have been met, or a time extension has been granted by the City. Any application for an extension of time shall be submitted to the Planning Department, along with the required fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Planning Director. 2. _ Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. _ 3. _ All plans, specifications, studies, reports, calculations, maps, notes; legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter, The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents fin 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 411 0 Planning Commission Resolution 05-07-12-2 Final Conditions of Approval CUF05-04 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 Fire Authority (OCFA) Approval. The applicant shall secure OCFA approval prior to commencement to any interior building alterations.. 11. _ The applicant shall abide by all conditions of approval as set forth in the permit issued by the California Department of Alcoholic Beverage Control. In addition, the applicant shall secure approval and proper permits from the California Department of Alcoholic Beverage Control and the City of San Juan Capistrano prior to the service of any alcoholic beverage type not specified in the approved permit. 12. If a violation of the Department of Alcoholic Beverage Control shall occur as a result of a sale from the above mentioned location, the City may initiate business license revocation hearings in accordance with the procedures of Section 3-1.202 (c)(7) of the Municipal Code, and the conditional use permit may be revoked in accordance with Section 9-2.317(k) of the Municipal Code. 113. _ The applicant shall meet all of the conditions applied by the Orange County Health Department prior to obtaining business license permits. 14. _ The applicant shall secure all applicable sign permits in accordance with Section 9-3.603 of the Municipal Code. 0 Planning Commission Resolution 05-07-12-2 CUP 05-04 0 Final Conditions of Approval July 12, 2005 Page 4 of 4 15. _ Any building modifications and/or interior alterations necessary to fulfill Orange County Fire Authority (OCFA), Orange County Health Department, and Alcohol Beverage Control (ABC) requirements for permits need to have prior approval by the landlord and City of San Juan Capistrano Building Department. 16. All alcohol sales shall cease and desist at the end of event intermissions. Responsible Agencies: B&S Building and Safety ENG = Engineering Department PLN = Planning Department PW = Public Works Department OCFA = Orange County Fire Authority Date of Approval: July 12, 2005 Resolution No.: 05-07-12-x Effective Date: July 27, 2005 Applicant Acceptance of Conditions of Approval: By: Applicant Name Its: PrP ;: (l -a" Title Date PAPlanningWrohlve\CUP PR0JECT%CUP0604-Cannlno Real Playhouse Wine ServlwXSJC Clty-Standard Condltlons of Approval -2006- Aw 0 0 CITY OF SAN JUAN CAPISTRANO Subject: NONPROFIT PUBLIC BENEFIT CORPORATIONS COUNCIL POLICY Effective Policy Page Date Number 1 of 1 2/5/02 014 This policy is hereby created as a means to ensure that non-profit public benefit corporations that enter into, and maintain, any agreements or relationships, with the City of San Juan Capistrano, where the City provides a direct subsidy, or leases property at no rent or minimal rent levels to the non-profit organization, are not organized for the private gain of any person. The subject organization must be a non-profit organization with headquarters or a branch office located within the City of San Juan Capistrano. The subject organization must: Be organized under the Nonprofit Public Benefit Corporation Law for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. 2. Not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. 3. Not dedicate any part of its net income or assets to the benefit of any director, officer or member of said corporation or to the benefit of any private person. 4. Submit a semi-annual report describing how the agreed upon services or programs were rendered during the performance reporting period. The report must include: 1. Number of citizens receiving benefits; 2. The city of residence of citizens receiving benefits; 3. Proof of the organization's continued nonprofit status; 4. Disclosure of all activities the organization has conducted on City property, or with City funds; 5. An account of organization's performance as established in agreement with the City. Such performance measurement standards shall be negotiated at the time agreement is entered into, and reflected in said agreement. The agreement shall also identify to whom the report is to be addressed and establish the dates when it is due to the City. 6. Information on the total revenue received by the organization during the reporting period and disclosure of the sources of that revenue. Failure to submit to the City the required performance reports shall make the organization ineligible for a continued financial relationship, agreement, etc. with the City of San Juan Capistrano. ### EXHIBIT C V 2 IL 0 0 e 0 0 0 l0 0 0 0 0 N n O O O n'o M M n n O O O O O O FD V M O �- r- N O O T17�Lr-]��[f�OCi momommum WE n 0 0 0 0 0 0 0 0 n�ao m a ctN o n O N O N O V ui F(i V Ci N R t0 N R � FP O N M N 7 n N M n � 0 0 0 0 0 0 0 e 3000©C•HCU�C: *Onot- #40r-� AmCe mmumG 00 0 0 0 0 0 0 0 09 0 0 0 0 0 0 0 0 0 0 0 0 0 Vi O N O N O N O N N N N O N N f9 V! EH di Fla F9 N awwuu uw �I�InI�I�hININ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 4 N M g 7 o A v a 0 0 0 p o Qav-222 mww-E w �-2 mN c m d m 2 c m m mm 0 0 o y o a v aoi aoi E in o aoi co aoi a E D XM CK' W+ - mw dcrt N �rrr�=r�UrUo- C N N N E N 10 N N N t E L 0 YYYi- UUYU(Ac YH1=U ATTACHMENT N D N M N O t+01 0 0 0 0 0 N v> oMo O OD O7O T17�Lr-]��[f�OCi momommum WE n 0 0 0 0 0 0 0 0 n�ao m a ctN o n O N O N O V ui F(i V Ci N R t0 N R � FP O N M N 7 n N M n � 0 0 0 0 0 0 0 e 3000©C•HCU�C: *Onot- #40r-� AmCe mmumG 00 0 0 0 0 0 0 0 09 0 0 0 0 0 0 0 0 0 0 0 0 0 Vi O N O N O N O N N N N O N N f9 V! EH di Fla F9 N awwuu uw �I�InI�I�hININ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 4 N M g 7 o A v a 0 0 0 p o Qav-222 mww-E w �-2 mN c m d m 2 c m m mm 0 0 o y o a v aoi aoi E in o aoi co aoi a E D XM CK' W+ - mw dcrt N �rrr�=r�UrUo- C N N N E N 10 N N N t E L 0 YYYi- UUYU(Ac YH1=U ATTACHMENT 0 SOCCT Profit and Loss Statement 9-1-06 - 8-31-06 Ordinary Income/Expense Total Donations Received $7,288.00 Other Income $18,457.96 Event Income $154,670.51 Total Income $180,416.47 Expense Depreciable Items Capital Improvement $9,914.89 Furniture & Fixtures $7,254.86 Total Depreciable Items $17,169.75 Total Office Supplies and Expense $28,902.48 Insurance Director's & Officer's Liab $1,224.00 Fire & Casualty $1,366.00 Volunteer Liability $255.50 Insurance- Other $204.90 Total Insurance $3,050.40 Miscellaneous Expense $3,057.52 Total Production Costs $116,844.95 Repairs and Maintenance $6,583.40 Total Utilities $10,740.57 Total Expense $186,349.07 Net Ordinary Income ($5,932.60) San Juan Capistrano Community Redevelopment Agency C� E 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 Tuesday September 19, 2006, in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement for Use of 31776 EI Camino Real for the EI Camino Real Playhouse - (South Orange County Community Theatre)" — Item No. 133. 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 5:00 p.m. on Monday, September 18, 2006 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. Dumhart, Economic Development Manager. You may contact that staff member at (949) 949-443-6316 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.ora. 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: council-agend asna.sanivancapistrano.org. 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 CITY OF SAN JUAN PPISTRANO Q Z 3 ry 9 i e � p CITY OF SAN JUAN tAPISTRANOI San Juan Capistrano Community Redevelopment Agency 0 South Orange County Community Theatre 31776 EI Camino Real San Juan Capistrano, CA 92675 Attn: Tom Scott Dear Mr. Scott September 21, 2006 The Board of Director of the San Juan Capistrano Community Redevelopment Agency approved a 2006-2007 License Agreement related to use of property at 31776 EI Camino Real. The agreement is in the process of being executed and will be issued upon receipt of required documentation related to contract terms under Section 9. Insurance and Hold Harmless Indemnity. The Certificate of Insurance for your general liability policy and an endorsement form naming the San Juan Capistrano Community Redevelopment Agency as additional insured has expired. Please forward current documents. 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 Christy Swanson, Secretary (949) 443-6310 if you have questions regarding the forms of insurance needed. Thank you, Meg Ijtl6nahan, CMC cc:"—Douglas Dumhart, Economic Development Manager (949) 443-6316 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org September 6, 2006 Jlular, j 1010 APO KITED ' (STABLE SHEDHe 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID W SWERDLIN On September 5, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of License Agreement for Use of 31776 EI Camino Real for the EI Camino Real Playhouse - (South Orange County Community Theatre)" Item No. D6. The following action was taken at the meeting: Item withdrawn to be scheduled on a future agenda of the Community Redevelopment Agency Board of Directors. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Douglas Dumhart, Economic Development Manager at 949-443-6316 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Tom Scott; Douglas Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% Recycled Paper