15-0616_SOUTH ORANGE COUNTY COMMUNITY THEATER_Agenda Report_E1aCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Tom Bokosky, Human Resources Manage.
DATE: June 16, 2015
6/16/2015
E1a
SUBJECT: Discussion and Consideration of South Orange County Community Theatre
(Camino Real Playhouse) and Ecocenter, Inc. (The Ecology Center)
License Agreements
RECOMMENDATION:
By motion, provide staff direction regarding expiring License Agreements with the South
Orange County Community Theatre (Camino Real Playhouse) and Ecocenter, Inc. (The
Ecology Center).
SITUATION:
The City of San Juan Capistrano and the Successor Agency to the San Juan
Capistrano Community Redevelopment Agency (Successor Agency) have License
Agreements with South Orange County Community Theatre, non-profit corporation
(Camino Real Playhouse) and Ecocenter, Inc., dba The Ecology Center, a California
nonprofit public benefit corporation which expire in October 2015. The table below lists
the License Agreements.
L" A tcense ~greemen t L ocatton u se Eff f D ec1ve ate E . . D xprratton ate
South Orange County 31776 El Camino Theater
Community Theatre Real Playhouse October 7, 2008 October 7, 2015
Congdon House Environmental
The Ecology Center 32701 Ali paz Education October 19, 2010 October 19, 2015
The Ecology Center and the Camino Real Playhouse licensees have expressed interest
to City staff in renewing their License Agreements. The City has also been contacted
by persons interested in the Camino Real Playhouse location. The Camino Real
Playhouse site is part of the Successor Agency's Long Range Property Management
Plan and is identified as a parking structure in the Historic Town Center Master Plan.
The City could also consider offering the site for sale. The sale option would most likely
require review by the State Department of Finance and/or amendment to the Long
Range Property Management Plan.
City Council Agenda Report
June 16, 2016
Pa e 2 of 2
Staff is seeking City Council direction on how to proceed on the future disposition of
these properties, whether to negotiate new license agreements, prepare a request for
proposals from other potentially interested parties or other options for these sites.
FISCAL IMPACT:
The Ecology Center license fee is currently $1,000 per month or $12,000 annually. The
Camino Real Playhouse licensee fee was $700 for the seven (7) year term of the
License Agreement.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Tom Scott, President, South Orange County Community Theatre
Evan Marks, Executive Director, Ecocenter, Inc.
ATTACHMENT(S):
Attachment 1 -South Orange County Community Theatre-License Agreement
Attachment 2-Ecocenter, Inc. -License Agreement
LICENSE AGREEMENT
~~
This License Agreement ("Agreement") is made this fL day of Qc!o.b£C
2010, by and between the City of San Juan Capistrano and San Juan Capistrano
Community Redevelopment Agency ("Licensor"), and Ecocenter, Inc., dba The Ecology
Center, a California nonprofit public benefit corporation ("Licensee").
RECITALS:
WHEREAS, Licensor is the owner of a 28.225 acre farm in the City of San Juan
Capistrano, California, located at 32701 Alipaz Street, which property was acquired to
be maintained as open space within the City and for the preservation of the historic Joel
Congdon House; and
WHEREAS, Licensee desires to conduct environmental education and museum
uses in and around the Congdon House on an approximately 0.75 acre area at 32701
Alipaz Street (hereinafter referred to as the "Property") and has the requisite expertise
and experience to conduct such uses.
NOW, THEREFORE, City and Licensee do hereby mutually agree as follows:
Section 1. Grant of License.
Licensor hereby grants a license to Licensee for the purpose of managing and
maintaining The Ecology Center within the Property.
The portion of the site which is the subject of this License is specifically
described in the Site Plan attached as Exhibit A, and incorporated herein by reference.
Section 2. Term of License.
The term of this license shall be for a period of five (5) years from the effective
date of this Agreement.
Section 3. License Fee.
In consideration of the terms of this Agreement, the Licensee agrees to pay
Licensor the fee amounts listed below for use of the Property as authorized by this
Agreement. The monthly fee shall be due on the first day of each month after the
effective date of this Agreement and the fee amount shall increase annually thereafter
on the anniversary date of this Agreement.
(a) Fee during first year: $100.00/month.
(b) Fee during second year: $200.00/month.
(c) Fee during third year: $300.00/month.
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(d) Fee during fourth year: $1 ,000.00/month.
(e) Fee during fifth year: $1 ,000.00/month.
Section 4. Allowable Uses.
Licensee may not utilize the property for any other uses than those specifically
set forth in this Agreement and Conditional Use Permit (CUP) 08-003 for The Ecology
Center, approved by Planning Commission Resolution No. 08-8-12-2, as amended from
time to time, and incorporated herein by reference.
The Property shall be used by Licensee for the conduct of environmental
education and museum uses for the benefit of the public in accordance with the
conditions imposed by this Agreement and CUP 08-003. Tl-•e public shaii have access
only to the first floor of the House and the grounds immediately surrounding the House,
as depicted on the site plan and first floor plan attached hereto as Exhibits "A" and "8"
respectively, and incorporated herein by reference. It is understood that The Ecology
Center's programs are conducted indoors and outdoors in accordance with CUP 08-003
provided the use does not result in the creation of any public nuisance as defined by the
Municipal Code to the satisfaction of the City Manager or designee.
The second floor of the House shall be used as offices and storage solely for The
Ecology Center. Under no circumstance is the second floor of the House (Exhibit "C") to
be open to the public at any time. Licensee shall provide supervision and management
over the operations to ensure the first floor and surrounding yard area is open to the
public. licensee shall be responsible for the supervision and management of every
aspect of the facility in accordance with the provisions of this Agreement and the
conditions imposed by CUP 08-003, in a business-like manner. Use of the Property
shaH be in compliance with all applicable local, state and federal regulations.
Section 5. Reservations to Licensor.
Licensor reserves the right to enter the Property at any reasonable time for the
purpose of inspection. Any rights herein reserved shall, moreover, not be exercised in
any manner which will unreasonably interfere with Licensee's use and occupancy of the
Property for the purposes stated in this Agreement. Licensor also reserves the right to
enter the Property for purposes of maintenance, which may include the need for
Licensee to vacate Property for a temporary period to be specified at that time, with
provision of 30 days notice except for emergency repairs.
Section 6. Condition. Maintenance and Improvements.
(a) Condition: Licensee agrees to accept the Property in present condition on
the date of execution of this Agreement. Licensee agrees to maintain at the Licensee's
expense the Property in good order and safe and sanitary condition.
2
(b) Maintenance and Custodial Responsibilities: Licensee shall be
responsible for, but not limited to, the following items:
1. Interior maintenance/janitorial functions including solid waste and
recycling.
2. Appliance repair and replacement
3. Maintenance of heating/cooling system, smoke detectors and
plumbing, including repair or replacement of deteriorated
equipment/fixtures due to aging.
4. Care and maintenance of interior flooring, walls including
painting/wallpaper, and built-ins, including repair or like-for-like
replacement of materials in compliance with the Secretary of the
Interior's Standards for Treatment of Historic Properties due to ordinary
wear and tear/aging.
5. Repair and maintenance of interior furnishings.
6. Repair and maintenance of interior and exterior light fixtures, including
replacement of bulbs and like-for-like replacement of fixtures due to
aging.
7. Exterior grounds maintenance and repair, including ensuring adequate
drainage to prevent deterioration of historic building foundations;
irrigation: utility laterals; landscape (except historic tree trimming),
parking and drive aisles; and hardscape in compliance with the
Secretary of the Interior's Standards for Treatment of Historic
Properties.
8. In lieu of expanded Licensee use of second floor, storage of Licensor-
owned furnishings from Williams/Swanner House (formerly stored on-
site by prior agreement) shall occur during the first year of this
Agreement either on-site, or at an approved secure, climate-controlled
storage facility, to the satisfaction of the City Manager or designee until
such time that Licensor no longer requires storage or the end of the
first year of this Agreement, whichever occurs first Said storage shall
be Licensee's financial responsibility during the first year of this
Agreement Location of and full access to unit shall be provided to
Licensor personnel and items shall not be moved again at Licensee's
initiation without prior Licensor approval. If Licensor requires/directs
items to be moved to a different location during the first year of this
Agreement, and at the end of the first year of this Agreement, Licensor
shall incur cost
9. Pest controL
10. Exterior building upkeep and minor repair, including minor wall, window
and door repair; exterior painting of the House and water tower per
Secretary of the Interior's Standards. Painting shall be performed by,
or under the direct supervision of, a qualified licensed painting
contractor. Licensee shall obtain the approved paint type, color and
preparation/application specifications from Licensor prior to bidding
and commencing said work.
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11.1nterior and exterior structural repair and upkeep of the portion of the
Barn (which is a non-contributing structure to the National Register
listing of the Congdon House) to be used for program-related uses by
Licensee per Exhibit A; balance of the Barn is under license agreement
with, and responsibility of, South Coast Farms. However, no alterations
to the use portion of the Barn shall occur without prior written approval
by the Licensor.
12. No alterations to the Congdon House site shall occur other than
previously approved by CUP 08-003, and/or without prior written
approval by the Licensor.
13.1nterior repair and maintenance of water tower if proposed to be used
for program-related uses by Licensee with prior Licensor approvaL
(c) Tenant Improvements: Licensee shall undertake, without prior notification
to Licensor, only those improvements included in the approved plans for CUP 08-003
for which a building permit is not required. The Licensee shall have sole responsibility
for obtaining a determination from Licensor whether or not a permit is required, shaH
obtain permits for all work which requires permits, and shall comply with an conditions of
said permit and CUP 08-003.
For any proposed improvements that are not included in the approved plans for
CUP 08-003, Licensee shall submit to the Development Services Department, in writing,
any desired changes/improvements to Property before commencing any work on said
intprovements. Licensee rnust receive written approvai from Licensor prioi to making
any improvements or modifications to the facility in accordance with this paragraph.
A!! improvements undertaken by Licensee and their maintenance shall be the
financial responsibility of Licensee. Furthermore, Licensee shall restore Property back
to its original condition at the end or earlier termination of the Agreement, unless
Licensor provides written permission to leave improvement(s) in place.
Section 7. Domestic and Irrigation Water, Electrical, Gas, Telephone.
1 elevision/Cable/ Wireless Services.
Expenses related to any and all of these utilities and services for the Property are
the sole responsibility of Licensee. Within 30 days of the effective date of this
Agreement, Licensee shall change all applicable accounts out of Licensor's name to
Licensee's name. Licensee shall be responsible for opening/closing facility for
installation, repairs, and/or removal of these utilities and services. Licensor staff will not
meet vendor for delivery, installation, repair, or removal appointments.
Prior to final implementation of the CUP 08-003 approved site plan, Licensee
shall obtain necessary permits and approvals, and shall instal! a sub-meter and/or other
facility as determined necessary by the Licensor Utilities Department, to provide
separate irrigation water and metering for the northerly landscape area.
4
Section 8. Licensor Responsibilities.
Licensor shall be responsible solely for the following items:
(a) Structural repair, roof repair/replacement and exterior character-defining
feature repair/replacement as determined by the City Manager or
designee for House and water tower.
(b) Maintenance of water/sewer mains and storm drains external to the site
that serve the Property.
(c) Repair or replacement of House electrical system due to aging of
structure.
(d) Periodic trimming and maintenance as determined necessary by the
licensor for the three pre-existing historic trees (palm and citrus southeast
of, and palm in front of, Congdon House).
(e) On or before the first anniversary date of this Agreement, Licensor shall
either remove at Licensor's cost from the storage location, or assume the
account and monthly cost of storage for, the Williams/Swanner House
furnishings referenced in Section 6.b.8 above. Licensee shall cooperate
fully with Licensor to accommodate and facilitate the removal or change-
over of the account in accordance with the timeframe specified. Once
removal or change-over of the account is accomplished, Licensee shall be
relieved of all further responsibility, physical, financial and other,vise, for
said furnishings for the remaining term of the Agreement.
Section 9. Conditions of Operation.
The Property shall be used for environmental education and museum functions in
accordance with the provisions of this Agreement and CUP 08-003 including the
specific conditions therein and the approved site plan, as amended from time to time
and incorporated herein by reference.
(a) Any holes or other defacement of the walls, roof or ceiling of the House
shaH be repaired and restored back to original condition by Licensee. No
structural or other changes of any kind shall be made to the House unless
prior written approval is obtained from the Licensor. The floor shall be
maintained in its original condition, with no permanent alterations; only
temporary coverings (e.g., rugs) that do not need to be affixed to the floor
are allowed.
(b) Licensee shall obtain approval from Licensor for distribution of keys, and
shall provide Licensor a list of key-holders. No unauthorized distribution of
keys shall occur.
(c) Licensee shall, at all times, keep the Licensor's designated liaison, the
Historic Preservation Manager, advised of the Licensee's current address
and telephone number.
(d) Licensee shall, at all times. ensure that the operation and use of the
Property does not adversely affect the public health, safety and welfare.
5
(e) licensee shall submit a performance report annually on or before January
31 to the City Manager per City Council Policy 014 including the following:
1. Number of visitors receiving benefits from activities including tours.
meetings, and classes;
2. The city of residence of citizens receiving benefits
3. Proof of the organization's continued nonprofit status;
4. Disclosure of all activities being conducted on the Property, including
tours, meetings, and classes;
5. Description of maintenance of Property; and
6. Information on the total revenue received by the Licensee in
conjunction with the operation of the Property under this Agreement
during the reporting period and disclosure of the sources of that
revenue.
Section 10. Compliance with Law; E-Verify.
1 0.1. Compliance with Law.
Licensee shaH comp~y with a!! appHcab~e !a· .. vs. orc:Hnances, codes and regulations
of federal, state and local government.
10.2. E-Verify.
If Licensee is not already enrolled in the U.S. Department of Homeland Security's
E-Verify program, Licensee shall enroll in the E-Verify program within fifteen days
of the effective date of this Agreement to verify the employment authorization of
new employees assigned to perform work hereunder. Licensee shall verify
employment authorization within three days of hiring a new employee to perform
work under this Agreement. Information pertaining to the E-Verify program can
be found at http://www.uscis.gov, or access the registration page at https:f/e-
verifv.uscis.gov/enroll/. Licensee shall certify its registration with E-Verify and
provide its registration number within sixteen days of the effective date of this
Agreement..
Section 11. Insurance/Indemnity.
On or before beginning any of the services or work called for by any term of this
Agreement, Licensee, at its own cost and expense, shall carry, maintain for the duration
of the Agreement, and provide proof thereof that is acceptable to the Licensor. the
insurance specified below with insurers and under forms of insurance satisfactory in all
respects to the Licensor. Insurance required herein shal! 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.
6
(a) Comprehensive General Liability. Throughout the term of this Agreement,
Licensee shall maintain in full force and effect Comprehensive General Liability
coverage in an amount not less than one million dollars ($1 ,000,000), per occurrence
combined single limit coverage.
(b) Proof of Insurance Requirements/Endorsement. Licensee shall submit the
insurance certi.ficates, including the deductible or self-retention amount, and an
additional insured endorsement naming Licensor, its officers, employees, agents, and
volunteers as additional insured as respects each of the following: liability arising out of
activities performed by or on behalf of Licensee, including the insured's general
supervision of Licensee; products and completed operations of Licensee; or premises
owned, occupied or used by Licensee. The coverage shall contain no special limitations
on the scope of protection afforded the Licensor, its officers, employees, agents, or
volunteers.
{c) 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 Licensor, except that len (10) days' notice shall
be given if there is a cancellation due to failure to pay a premium.
Section 12. No Assignments.
Licensee shall not assign this Agreement or any interest herein, or sublet the
Property or any part thereof, or license the use of all or any portion of the Property or
business conducted therein or thereon, or encumber or hypothecate this Agreement,
without first obtaining the written consent of Licensor. Any assignment, subletting,
licensing, encumbering, or hypothecating of this Agreement without such prior written
consent shall, at the option of the Licensor, be subject to automatic termination of the
Agreement by Licensor.
Section 13. Termination.
(a) This Agreement may be terminated upon the default of one of the parties"
In the event of a dispute between the parties, licensor and licensee shall first meet and
confer regarding the matter. If the dispute cannot be resolved through a meet and
confer session within thirty (30) days of written notice of a default, then the Agreement
may be unilateraf!y terminated by the non-defaulting party.
(b) Notwithstanding the five-year term of this Agreement, Licensor and
Licensee mutually reserve the right to terminate this Agreement without cause at any
time by providing ninety (90) days' advance written notice of termination to the other
party.
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Section 14. Notices.
All notices, demands, consents, or other communications required to be given under
this agreement shall be accomplished by first class mail, postage prepaid, and
deposited in the U.S. mail, or personally served upon the other party.
To Licensor:
City of San Juan Capistrano
City Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To License§:
Evan Marks, Executive Director
The Ecology Center
32701 Alipaz Street
San Juan Capistrano, CA 92675
Section 15. Attorneys' Fees.
If either party commences action against the other party arising out of or in
connection with this Agreement, the prevailing party shall be entitled to have and
recover from the other party reasonable attorney's fees and costs of suit
Section 16. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
Parties regarding the Property and supersedes all previous negotiations between them
pertaining to the subject matter thereof.
IN WITNESS WHEREOF, the Licensor and Licensee have caused this
Agreement to be executed on the date and year first written above.
[SIGNATURE PAGE FOLLOWS]
8
A
CITY OF SAN JUk;;;ISTRANO
"'~-~~-~~--~~"-~----f···--'
By: '-<:=:::::o,.._c
Dr. Londres Uso, Mayor
COMMUNtTY REDEVELOPMENT AGENCY , / . I \, f/ •'"\./1 fJn;~o,-,~ Jh
By: iA .. A.Jl.)G {/ ; '-
Laura Freese, Chair
LICENSEE:
ECOCENTER, INC.
/~
By:_ t~ ..
Evan Marks, Executive Director
9
EXHIBIT A
The Ecology Center license Agreement Site Plan
SITE AREA: APPROXIJYIATELY . 75 ACRE
~ Driveways/farm access under joint use of The Ecology Center and South Coast Farms.
j NAP I "Not A Part" designating existing weather station.
i
Exhibit B
The Ecology
Center
PORCH
.____ ---_, __
The
Ecology
Center
Joel Congdon House, First Floor
Exhibit C
TEC Office
TEC
Office
:i
+--Jill
i ·i
tf __ L==~---
·/
Joel Congdon House, Second Floor
No public access/use
r
TEC
Office
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 ( 1 0) hours of normal daily work time (that is, 8:00a.m. through
8:00p.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
'mprrnlements ft'v+u•es ft frnit. •re equ•~me~• 0' ~oo"""'H'itl "'~"ce..-..4-"',.... ~,...,......,.;.;;,...._,....jj,, ,.....,.o,,;....J ...... ....J n IVV !!I rIAl. I 1 IUl liLUl 1 lj-JI lH-I ~ ...... VVIII CA !Jl 0.::> ;;:>tJCVIII\,..-(l!IY !JI VtU'VU
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 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:
L 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 instalfations at
the expiration of the term, and restore the premises to its prior condition.
Should Licensee make any alterations, improvements, additions or utility
"tnct~!t:::;,fir.nC! \Aiithr.l .t tho!"'' riAl"' <::lr"l.r"l.r'AH~! r.f I if"OI"'\C'r'\1" r,;v~p,n,e:v~.· ,.n, ,a'y' ,~"ACt!,;.,~ t,h,:::Jt <+V~ ..... ,..._..u,,.n '¥ >ilii~!'V.._.<. ~''"-' f-"'IVI t;.Af'-'f'-'tVV~l VI L..IV\,.,rii~VI:-.._ ....., ...,_1 ..., ...,. ~ .,....~
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 ofthe 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 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 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 injwy 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
rortifif"::.ltt=t.::::: inrh 1rlinn thC~ tiorl!!f"'tih!o r;r c.cdfJot.ontinn !:l!'Y'I1'\I n;t ~nrl -::l,rl """"'"''""'""""~......-...... , "'"''""""""''=' .. ,, ...... ,..,.....,.,_.,.....,,_..~, ..... ,._,. ""' """"'" '""'~'-'''"''""'' ""''''"-" ...... ''"' ""''~ <.<.tl
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 Cancellationffermination of Insurance. The above
policy/policies shall not terminate, nor shall they be canceled, nor the
coverages reduced) until after thir1y (30) days! written notice is given to
San Juan Capistrano Community Redevelopment Agency, except that
ten ( 1 0) 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 5 of7
Licensor
San Juan Capistrano
Community Redevelopment Agency
32400 Paseo Adelanto
San juan Capistrano, CA 92675
Attention: Douglas D. Dumhart
Licensee:
South Orange County
Community Theatre
31776 Ei Camino Real
~ ' ~ • ' ~ A 026~1 " ;:,an Juan '-'ap1suano, '-'A y v
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 wiii 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 ali 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.
ATTEST:
/1 f'· I ' '
_.' } \
A I ' ' ) ' . A ~ 1 . ~ r1 / '\__ .. __ f'l--; 1\ ) t/\ I (./1.../ .
/Meg ~onahan, Agency Secretary
I I I l \\A,BP~OVED AS TO FORM:
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public
body corporate and politic
SOUTH ORANGE COUNTY COMMUNITY
THEATRE, a non-profit corporation
Page 7 of?
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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 124-160-551ocated 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 wili 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 wiii 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 pursuantto
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 s consistent with the policies and objectives of the San Juan
Capistrano General Pan; and;
EXHIBIT B
LPC~R~e~so~lu~'li~on~-~05~-v~~7~-~·12~-2~--------~----2~----------------~J~u1Lv~12s.~2~00~5
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 wiil serve the public convenience, due to the fact that the
service of alcohol is intended for theater patrons only during scheduled
perforrnanCes.
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 shaH
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application, The appeal period shaH expire at 5:00PM, Wednesday, July 27th,
2005.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2005, by the
following vote, to 'Nit:
AYES: Commissioner Drey, Ratcliffe, Cohen, and Vice Chairman Cardoza
NOES:
ABSTAIN:
ABSENT: Chairman Tim Neely /;:;::;) / ,t>_-,/7 / / ~ It? c:;{~. ~
/Robert rdoz:a, Vice Chairman
(/
P·\Pianning\A.rcr-:lve-\CUP PR.OJECTS\CUP0504-Carr~no Real P!ayr10t~se Wlr:e ServiCe\CUP 05-04 PCreS0··12july06.doc
Project#: CUP 05-04
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
RESOLUTION#: 05-07-12-2
Exhibit A
CONDITIONS OF APPROVAL
Project Name: Camino Rea! 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 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). 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 ()n 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
CUP 05-04
Final Conditions of Approval
July 12, 2005
Page 2 of4
not appealed, this approval shall become effective on the first business day
following the fiiteenth (15 1"') 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 sha!l 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 shaH 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 C\ty of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action: or proceeding against the City of San Juan Capistrano, its
officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or condition
of approval of the City Council, Planning Commission, or City Planner. The
City shall promptly notify the applicant of any claim, action, or proceeding
concerning the project and the City shall cooperate fully in the defense of
the matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents In the
defense of the matter.
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing ser;ices related
to the project of their responsibiiities 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 shail 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
CUP 05-04
Final Conditions of Approval
July 12, 2005
Page 3 of 4
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
7. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
8. The applicant sha!l 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 appHcable 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 andfor release of
securities, as specified in these conditions .. (B&S)
10. Orangi") __ Countv Fire Authority (OCFA) ApprovaL The applicant shall secure
OCFA approval prier to commencement to any interior building alterations.
11. Tile 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 iicense revocation hearings in accordance with the procedures of
Section 3-1202 (c)(7) of the Municipal Code, and the conditional use permit
may be revoked in accordance with Section 9-2.317(k) of the Municipal
Code.
13. The applicant shall meet all of the conditions applied by the Orange County
Health Department prior to obtaining business license permits.
14. The applicant shall secure all applicable sign permits in accordance with
Section 9-3.603 of the Municipal Code.
Planning Commission Resolution 05-07-12-2
CUP 05-04
Pinal Conditions of Approval
July 12, 2005
Page 4 of 4
15, Any building modifications and/or interior alterations necessary to fulfili
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. Ail alcohol sales shall cease and desist at the end of event intermissions.
Responsible Agencies: B&S
ENG =
PLN =
PW =
OCFA=
Building and Safety
Engineering Department
Planning Department
Public Works Department
Orange County Fire Authority
Date of Approval: July 12, 2005
Resolution No.: 05-07 -12-x
Effective Date: July 27, 2005
Applicant Acceptance of Condiiions of Approval:
By: --·
Date
Its
Title