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03-1021_PELTZER FARMS_License Agreement0 f LICENSE AGREEMENT ,,� s - This License Agreement is entered into this2 _ day ofLi�C�I Y�p03, by and between the City of San Juan Capistrano (hereinafter "City"), and Peltzer Farms (hereinafter "Licensee"). RECITALS: WHEREAS, City is the owner of approximately 31.28 acres of property located in the City of San Juan Capistrano, which property was acquired to be maintained as open space within the City; and WHEREAS, Licensee desires to use a portions of the property to establish and maintain a Christmas tree farm; NOW, THEREFORE, City and Licensee hereby mutually agree as follows: Section 1. Scope of License. City hereby grants to Licensee a license to establish and maintain a Christmas tree farm on that certain property located in the City of San Juan Capistrano, California, as depicted on the site plan attached hereto as Exhibit "A" and incorporated herein by reference (the 'Property"). Licensee agrees each year during the term of this Agreement to replant at least one quarter (1/4) of the Property with new pine trees. Licensee agrees to pay all operational costs, including water usage, for Christmas tree farm purposes. Section 2. Additional Uses. Licensee shall be permitted to grow strawberries pumpkins, squash and other vegetables and conduct vendor fruit stand activities on the Property. However, the installation and site plan layout of the fruit stand shall first be subject to written approval by the City. In addition, should Licensee desire to import Christmas trees for sale on the Property during the Christmas season, such importation and sale shall be subject to written approval by City. Section 3. Compensation. Licensee shall keep all proceeds from the sale of Christmas trees and produce grown on the Property. In exchange for use of the Property, Licensee shall pay the City six percent (6%) of two-thirds (2/3) of the total annual gross sales derived from the Christmas tree farm. This payment shall be made in January of each year in the form of a check made payable to the City. Licensee shall make available all financial records of the Christmas tree farm operation to the City if requested for purposes of conducting an audit to ensure compliance with this Section. Records shall be presented to City Auditors within ten (10) business days. Section 4. Term. The term of this Agreement shall be effective for two (2) years from the date of execution of the Agreement. L] 0 Section 5. Default. In the event of a default by Licensee, Licensor shall give Licensee thirty (30) days' written notice to cure the default. The notice shall specify in reasonable detail the nature and extent of the default. If the nature of Licensee's obligation is such that more than thirty (30) days are required for performance, then Licensee shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. If the default is not cured by Licensee, then Licensor may immediately terminate this Agreement. Section 6. City's Camino Capistrano Road Widening Project. City has plans to widen Camino Capistrano as it abuts the Property. This road widening project may necessitate the City utilizing a portion of the Property (more particularly, approximately thirty feet (30') in width running the full length of the Property along Camino Capistrano) during the term of this Agreement. Accordingly, City reserves the right to take possession of any of the Property deemed necessary to accomplish the road widening during the term of this agreement. City will provide a minimum of sixty (60) calendar days advance notice of City's intent to utilize the needed property. Section 7. Condition of Property. Licensee accepts the Property in its present condition upon execution of this Agreement. Licensee agrees, at Licensee's expense, to use reasonable care to control all weeds growing on Property, and to keep fences, ditches and borders of the Property in good condition and repair at all times, reasonable wear and tear expected. The duly authorized representative of City may enter upon the Property at a reasonable time for the purposes of inspection and to perform any necessary maintenance or repair. Section 8. Site Modifications. Any modifications to the Property, including removal of trees other than the Licensee's stock, or expansion into the currently unused portion of the Property, will require prior Council approval. Section 9. Insurance. Licensee shall maintain at all times during the term of this Agreement comprehensive general liability and property damage insurance in the amount of not less than One Million Dollars ($1,000,000) combined single limit. City shall be named as an additional named insured on said policies. Other terms and conditions, including cancellation provisions and endorsement forms, shall be reviewed and approved by the Office of the City Attorney. Section 10. Indemnity. Licensee shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees and agents from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of Licensee's actions and activities as Licensee of the subject Property. Section 11. No Assignments. Licensee shall not assign its rights under this Agreement to any third party without the written consent of the City. 2 0 0 Section 12. 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. mails, or personally served upon the other party. To City: Pamela Gibson, Interim City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 To Licensee: Charles Peltzer Peltzer Farms 10189 Overhill Drive Santa Ana, CA. 92706 Section 13. Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non -prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. Section 14. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: / L M g Monahan, City Clerk APPROVED AS TO FORM: By: John R Shaw, City Attorney 0 CITY OF SAN JUAN , Mayor _ :NEWPeTzer Farms 9 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Diane Regier, Management Analyst I FROM: Mitzi Ortiz, Deputy City Clerk DATE: September 15, 2005 SITUATION: At their meeting on October 21, 2003, the City Council of the City of San Juan Capistrano approved an agreement with Peltzer Farms to use a portion of open space property for a Christmas Tree Farm. ACTION REQUESTED: Said Agreement states services shall be completed by October 21, 2005. Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 09/15105 Deadline Date: 10/21/05 (600.30peltzer) ��4 l 11/19/2004 17:35 FAX 7145444370 SHAHINIAN INS X001 —s FDATE (MMIDDM) ArnQ/) rV0Tirir_AT1= 1 IeRILITY INSURANC 09129f2004 ADDUCER m T Seriel t1 302888 SHAHINIAN INSURANCE SERVICES THIS CERTIF)CATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POST OFFICE BOX 4093 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW TUSTIN CALIFORNIA 92781-4093 PHONE (800) 457-22311FAX (714) 544.4370 INSURERS AFFORDING COVERAGE NAICB vSURED PELTZER FARMS, INC. 40275 CALLE CONTENTO INSURER A WESTERN HERITAGE INSURANCE CO INSURER B TEMECULA CA 92589-9999 INSURER C'. INSURER D: INSURER E: :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PO^LICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS nSR R A NS TYPE OF INSURANCE GENERAL LWBIUTY X COMMERCIAL GENERAL LIABILITY CLAWSMADE a OCCUR POLICY NUMBER POEEOrYE SCP 0530422 1011104 E PgGTET AI� N 10/1105 LIMIT 9 EACH OCCURRENCE S 1 100-0-A00 DA I ES ..,Jr F 50,000 MEDEXP IAn mF ponA, S EXCLUDED PER60NAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S i'000,000 GEN'L AGGREGATE UNIT APPLIES PER, PRODUCTS-COMPIOP AGG S 1000 OOO POLICY ME P0.0 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S IS. ecrJEMR ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (PN PPlPBII) HIRED ALTOS NON -OWNED AUTOS BODILY INJURY S (Per era1FEM) PROPERTY DAMAGE S IPRr Rcumnq GARAGE LIABILITY AUTO ONLY - EA ACCIOENT X OTHER THAN EA ACC S AUTO ONLY ADD S ANY AUTO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S AGGREGATE S OCCUR ❑ClAIM6 MADE 1 S DEDUCTIBLE S RETENTION S WORKER'SCONPENSATIONANO ??uu T�1 TORYTMITS EF EL EACH ACCIDENT S EMPLOYERS' LIABILITY ANY PROPRIETORWARTNERREXECUTIVE OFFICERIMEMBEP EXCLUDEXCLUDEOv EL DISEASE -EA EMPLOYEE S EL DISEASE -POLICY LIMIT S H VAS mevlbow SPECIAL PROVISIONS 0d. OTHER ::l:::= DESCRIPTION OF WERATIONSILOp TIONS ENICLEWEXCLU IONS ADDED By ENDORSEMENTAPEOIAL PROVISIONS LOCATIONS: TREE FARM, SAN JUAN CAPISTRANO, CALIFORNIA. WILLIAMS ORCHARD LIMITED PARNTERSHIP AND CITY OF SAN JUAN CAPISTRANO ARE NAMED AS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BC CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1O DAYS WRITTEN CITY OF SAN JUAN CAPISTRANO NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 60 SHALL ATTN: CINDY RUSSELL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) C ACORD CORPORATIO 968 11/19/2004 17:35 FAX 7145444370 . POLICYNUMBER: SCP0530422 SHAHINIAN INS Z002 • COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Petson(s) Or O nizatton s Locatlon s of Covered Operations CITY OF SAN JUAN CAPISTRANO 8415 E. CHAPMAN AVE. ATTN: CINDY RUSSELL ANAHIEM, CA 92806 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Information r ulred to corn ete this Schedule, If not shown above, will be shown In the Declarations. A. Section 11 - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising Injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these ad- ditional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily Injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished In connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on be- half of the additional Insured(s) at the location of the covered operations has been com- pleted; or 2. That portion of "your work` out of which the in- jury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 Copyright. ISO Properties, Inc., 2004 Page 1 of 1 AGENT 0 Maria Guevara From: Maria Guevara Sent: Friday, November 05, 2004 1:35 PM To: Diane Regier Subject: RE: Insurance Diane, L] Actually all we need is the endorsement form & I called the insurance company, hopefully they will fax it over soon. Thanks -----Original Message ----- From: Maria Guevara Sent: Friday, November 05, 2004 10:14 AM To: Diane Regier Subject: Insurance Hi Diane, Next Friday I'll be adding Charlie Peltzer to the Non-compliance List, we are missing their general liability & Endorsement Form. Thanks, Maria Guevara, Administrative Secretary City of San Juan Capistrano City Clerk Division (949)443-6309 CERTIFICAT V F LIABILITY INSURA DATE °0z200QCORD, PRODUCER 'SHAHINIAN INSURANCE SERVICES Serial # 302888 THIS CERTIFICATE IS TWUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POST OFFICE BOX 4093 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TUSTIN CALIFORNIA 92781-4093 PHONE (800) 457-2231/FAX (714) 544-4370 INSURERS AFFORDING COVERAGE NAIC# INSURED PELTZER FARMS, INC. INSURER A: WESTERN HERITAGE INSURANCE CO INSURER B: 40275 CALLE CONTENTO INSURER C: TEMECULA CA 92589-9999 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR LTR ADD NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DDrTI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CI-AIMS MADE EK OCCUR SCP 0530422 10/1/04 10/1/05 PREMIESfTO Eaoccurence E 50000 MEDEXP (Any orla ersun $ EXCLUDED PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 1,000,000 POLICY PECT LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT E (Ea eccitleny BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY E (Per accident) HIRED AUTOS NON-OWNED AUTOS (Per accident)AMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY OCCUR EICLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ E E DEDUCTIBLE E RETENTION E WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY W STATU- OTH- TO Y LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE E Oyes, cecnbe under EXCLUDED? It yes, tlescnbe untler EL DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS LOCATIONS: TREE FARM, SAN JUAN CAPISTRANO, CALIFORNIA. WII I IAMc nRr.HARD LIMITED PARNTERSHIP AND CITY OF SAN JUAN CAPISTRANO ARE NAMED AS ADDITIONAL INSURED. CE CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR \ REPRESENTATIVES. AUTHORIZED REP E E t © ACORD CORPORATION 1988 0 32400 PASEO ADEI NTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org September 17, 2004 Charlie Peltzer 10189 Overhill Drive Santa Ana, CA 92705 //�� m�eMnrtl amLIS nnl 1961 1776 MEMBERS OF THE CITY COUNCIL RE: Compliance with Insurance Requirements with Insurance Requirements — Christmas Tree Farm The following insurance documents are due to expire: ✓ General Liability Certificate 10/01/2004 SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLW ✓ General Liability Endorsement Form naming the City San Juan Juan Capistrano as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 3240"aseo Adelanto, San Juan Capistrano, CA 92675 by the above expip*ion dalgs, I f/yc/u have any questions, please contact me at (949) 443-6309. Administrative cc: Diane Regier, Management Analyst I San Juan Capistrano: Preserving the Past to Enhance the Future FROM : CRRRIE PELTZER - FAX NO. : 7146392116 • OGt. 26 2003 01:45PM P2 ACORD, CERTIFICATE OF LIABILITY INSURANCE A10/071M2003 IDDIYYI PRO"1uCER Serial # 173437 SHAHINIAN INSURANCE SERVICES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POST OFFICE BOX 4093 ALTER THE COVERAGE AFFORDED HY THE POLICIES BELOW. TUSTIN CALIFORNIA 92787-4D93 PHONE (800) 457.2231/FAX (714) 5444370 INSURERS AFFORDING COVERAGE NAICB wsJRED PELTZER FARMS, INC. INSURER AWESTERN HERITAGE INSURANCE CO INSURER B 10169 OVERHILL DRIVE a INSURER C: SANTA ANA, CA 92705 INSURER O: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THF INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IRS R LTA ADRL SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDWTYI POLICY EXPIRATION GATE MMI NY LIMITS GENERAL LABILITY EACHOCCURRENCE $ 1,000000 A )( COMMERCIAL GENERAL AN"DY SCP 0493167 10/1!03 1011/04 PDAMAGE SD RENTED $ 5(),000 ]CLAIMS MADE rx—1 OCCUR MED C%P Aqy oOB person E EXCLUDED PERSONAL X ADV INJURY S 1,000,000 GENERAL AGGREGATE • E i,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS -COMPIOPAGG S 1,000,000 POLICY PRb JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ (Ea ewEenQ BOOILY INJURY (Por parson! $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (p°, a.wl) MIRED AUTOS NONOWNEDAUTOS PROPERTY DAMAGE E (PAremJaenf) GARAGE LIABILITY AUTO ONLYEAACCIDENT S OTHER THAN EA AOC E ANYAUTO AUTO ONLY: AUG S EACESSAIMBRELLA ULBILITY EACH OCCURRENCE S OCCUR ❑ CLAIMS MADE AGGREGATE S S E DEDUCTIBLE S RETERTION S WORKER'S COMPEN6ATU]N ANO q rpt TURN ILS FR EMPLOYERIV UABILRY ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT S EL DISEASEEAEMPLOYEE S OFFICERIMEMBER EXCLUDED' Il y ,,. d.WVbe und- EL DISEASE. POLICY LIMIT S SPECIAI. PROVISION6 INK, OTHER DESCRIPTION OF OPERATION9LOCATIONSMEKICLESIEXCUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS LOCATIONS: TREE FARM, SAN JUAN CAPISTRANO, CALIFORNIA. WILLIAMS ORCHARD LIMITED PARNTERSHIP AND CITY OF SAN JUAN CAPISTRANO ARE NAMED AS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION GTOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF SAN JUAN CAPISTRANO ATTN' CINDY RUSSELL NOTICE YO THE CERTIr KATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHnll 32400 PASEO ADELANTO IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR SAN JUAN CAPISTRANO, CA 92675 I REPRESENTATIVES AUTHORQE�� LVE �l ACORD 25 (2001/08) .✓v� D CORPORATION 1988 FROM CRRRIE PELTZER . FAX NO. : 7146392116 . Oct. 26 2003 01:46PM P3 POLICYNUMBER SCP0493167 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or OrganWition: CZ TY OF SAN JUAN CAPISTRANO ATITN: CINDY RUSSELL 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 of no entry appears above, information required to complete this endorsement will he shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an Insured but only with respect to liability arising out of your operations or premises owned by or rent- ed to you. -- PanR t Of 1 FROM CARRIE PELTZER • FAX NO. : 7146392116 PIEI.TZFK FARMS, INC • Oct. 26 2003 01:45PM P1 FACSIMILE TRANSMITTAL SHEET TO. FROM -. CI'IY CLFRK Carrie Peltzer COMPANY_ DA7t- CITY OF SAN JUAN 10/26/03 CAPISI'RANO FAX NUMBER: TOTAT. NO OF PAGES INCLUDING COVER - 949 -493-1053 3 PHONE NUMBER- SENDERS REFERENCE NUMBER: 949-443-6301 RE: YOUR REFERENCE NUMBER: Attached Insurance Requested ❑ URGENT ❑ FOR REVIEW ❑ PLEASL COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTP.S/COMMPNT Please see attached. If you need anything else, please call me at (714) 505-9030. Thank you 10199 OVERHILL DRIVE, SANTA ANA, CA 92705 (714)639.2116 PH/PAX • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) 1v1vly sanj uancapistrano. org October 28, 2003 Charles Peltzer 10189 Overhill Drive Santa Ana, CA 92706 Dear Mr. Peltzer: M(IAl11AI11 ISHIINIII I 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. SATHGATE JOHNS. GELFF VIYATTHART JOESOTO DAVID M. SWERDLIN INTERIM GTY MANAGER PAMELAGIBSON A fully executed, original License Agreement related to maintaining a Christmas Tree Farm is enclosed. Thank you for forwarding current evidence of insurance as required by the agreement. Please keep in mind that this documentation must be maintained current with our office, or all work under this agreement must stop and all payments for services rendered will be withheld, until these documents are brought current. You may proceed with work under this agreement in coordination with the Project Manager, Diane Regier, Management Analyst I, (949) 443-6304. Thank you, han, CMC Clerk cc: Diane Regier, Management Analyst I Cynthia L. Russell, Administrative Services Director San Juan Capistrano: Preserving the Past to Enhance the Future r 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) iviviv sanjuancapistrano. org October 24, 2003 Charles Peltzer 10189 Overhill Drive Santa Ana, CA 92706 Dear Mr. Peltzer: �s y���/,,,,ryyyy IAtpAApAAII, • I111umD � 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF MAU HART JOESOTO DAVID M. SWERDLIN INTERIM CITY MANAGER PAMELAGIBSON A License Agreement related to maintaining a Christmas Tree Farm was approved by the City Council at their meeting of October 21, 2003. It is in the process of being executed and will be issued upon receipt of required documentation related to contract terms under Section 9. Insurance. Insurance evidence may be faxed to: ATTENTION CITY CLERK (949) 493-1053, followed by original signed documents. I have 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, Diane Regier, Management Analyst I, (949) 443-6304. Please call the City Clerk's office at (949) 443-6308 if you have questions regarding the forms of insurance needed. Thank you, Meg rAonahin, CMC City qlerk cc: Diane Regier, Management Analyst I Cynthia L. Russell, Administrative Services Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 AGENDA ITEM TO: Pamela Gibson, Interim City Manager FROM: Cindy Russell, Interim Assistant City Manager 10/21/2003 D5 SUBJECT: Consideration of Termination of License Agreement (Bathgate Ranch/Peltzer Farms), and Approval of License Agreement (Peltzer Farms) RECOMMENDATION: By motion, adopt a Resolution terminating the License Agreement with Bathgate Ranch and Peltzer Farms dated October 27, 2000 for the Christmas Tree Farm on the Northwest Open Space Property, and approving the License Agreement with Peltzer Farms for the Christmas Tree Farm on the Northwest Open Space, and authorize the Mayor to execute the agreement on behalf of the City. SITUATION: On October 27, 2000, the City approved a license agreement with Patricia Bathgate, Bathgate Ranch, and Charles Peltzer, Peltzer Farms, for the use of property to operate a Christmas tree farm and pumpkin patch. The property is located within the northwest open space (Attachment 3). In addition to the Christmas tree farm and pumpkin patch, Bathgate Ranch and Peltzer Farms are permitted to grow strawberries, vegetables and run a vendor fruit stand on the property subject to written approval by the City. The agreement requires that the Licensee's replant new pine trees on at least one quarter (1/4) of the property each year, and to pay all operational costs, including water usage, for the farm purposes. The term of the agreement is five years. Ms. Bathgate has notified staff that she is no longer involved in the operation of the farm and has requested to be removed as a Licensee on the agreement. Charles Peltzer wishes to continue the farm operation. In consideration of these requests, staff has prepared a resolution terminating the license agreement with Bathgate Ranch and Peltzer Farms (Attachment 1) and a new license agreement with Peltzer Farms (Attachment 2). The terms and conditions of the license agreement with Peltzer Farms are the same as the original agreement. Staff recommends termination of the license agreement with Bathgate Ranch and Peltzer Farms and approval of the license agreement with Peltzer Farms. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable FOR CITY COUNCIL AGENDA.ui--, 0 0 AGENDA ITEM FINANCIAL CONSIDERATIONS: -2- October 21, 2003 Peltzer Farms will continue to pay the City six percent (6%) of two-thirds (2/3) of the total annual gross sales derived from the Christmas tree farm. Payment is due in January of each year. NOTIFICATION: Pat Bathgate Charles Peltzer ALTERNATE ACTIONS: By motion, adopt a Resolution terminating the License Agreement with Bathgate Ranch and Peltzer Farms dated October 27, 2000 for the Christmas Tree Farm on the Northwest Open Space Property, and approving the License Agreement with Peltzer Farms forthe Christmas Tree Farm on the Northwest Open Space Property, and authorize the Mayor to execute the agreement on behalf of the City. 2. Terminate the License Agreement with Bathgate Ranch and Peltzer Farms and approve the License Agreement with Peltzer Farms with modifications. 3. Request further information from staff. RECOMMENDATION: By motion, adopt a Resolution terminating the License Agreement with Bathgate Ranch and Peltzer Farms dated October 27, 2000 for the Christmas Tree Farm on the Northwest Open Space Property, and approving the License Agreement with Peltzer Farms for the Christmas Tree Farm on the Northwest Open Space Property, and authorize the Mayor to execute the agreement on behalf of the City. Respectfully submitted, Cindy Russ II Interim Assistant City Manager Attachments: 1. Resolution 2. License Agreement 3. Location Map Prepared By, kl Diane C. Regier Management A alyst RESOLUTION NO. 03-10-21-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TERMINATING THE LICENSE AGREEMENT FOR THE CHRISTMAS TREE FARM WITH BATHGATE RANCH AND PELTZER FARMS DATED OCTOBER 27, 2000 AND APPROVING THE LICENSE AGREEMENT WITH PELTZER FARMS. WHEREAS, on October 27, 2000, the City of San Juan Capistrano (City) entered into a License Agreement with Bathgate Ranch and Peltzer Farms for use of land located within the Northwest Open Space Property for the operation of a Christmas Tree Farm and pumpkin patch; and, WHEREAS, Bathgate Ranch has requested to be removed as a Licensee from the License Agreement; and, WHEREAS, Peltzer Farms has requested to continue the operation of the Christmas Tree Farm and pumpkin patch; and WHEREAS, it is the desire of the City Council to terminate the License Agreement with Bathgate Ranch and Peltzer Farms dated October 27, 2000 and approve a License Agreement with Peltzer Farms to continue the operation of the Christmas Tree Farm and pumpkin patch. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby terminate the License Agreement with Bathgate Ranch and Peltzer Farms dated October 27, 2000 and approve the License Agreement with Peltzer Farms. PASSED, APPROVED, AND ADOPTED this 21st day of October 2003. ATTEST: 1 10-21-2003 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 03-10-21-01 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 215' day of October 2003, by the following vote: AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto and Mayor Gelff NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL E ERS: None M R ET R. MONAHAN, City Clerk LICENSE AGREEMENT This License Agreement is entered into this day of , 2003, by and between the City of San Juan Capistrano (hereinafter "City"), and Peltzer Farms (hereinafter "Licensee'). RECITALS: WHEREAS, City is the owner of approximately 31.28 acres of property located in the City of San Juan Capistrano, which property was acquired to be maintained as open space within the City; and WHEREAS, Licensee desires to use a portions of the property to establish and maintain a Christmas tree farm; NOW, THEREFORE, City and Licensee hereby mutually agree as follows: Section 1. Scope of License. City hereby grants to Licensee a license to establish and maintain a Christmas tree farm on that certain property located in the City of San Juan Capistrano, California, as depicted on the site plan attached hereto as Exhibit "A" and incorporated herein by reference (the "Property'). Licensee agrees each year during the term of this Agreement to replant at least one quarter (1/4) of the Property with new pine trees. Licensee agrees to pay all operational costs, including water usage, for Christmas tree farm purposes. Section 2. Additional Uses. Licensee shall be permitted to grow strawberries pumpkins, squash and other vegetables and conduct vendor fruit stand activities on the Property. However, the installation and site plan layout of the fruit stand shall first be subject to written approval by the City. In addition, should Licensee desire to import Christmas trees for sale on the Property during the Christmas season, such importation and sale shall be subject to written approval by City. Section 3. Compensation. Licensee shall keep all proceeds from the sale of Christmas trees and produce grown on the Property. In exchange for use of the Property, Licensee shall pay the City six percent (6%) of two-thirds (2/3) of the total annual gross sales derived from the Christmas tree farm. This payment shall be made in January of each year in the form of a check made payable to the City. Licensee shall make available all financial records of the Christmas tree farm operation to the City if requested for purposes of conducting an audit to ensure compliance with this Section. Records shall be presented to City Auditors within ten (10) business days. Section 4. Term. The term of this Agreement shall be effective for two (2) years from the date of execution of the Agreement. ATTACHMENT 2 0 0 Section 5. Default. In the event of a default by Licensee, Licensor shall give Licensee thirty (30) days' written notice to cure the default. The notice shall specify in reasonable detail the nature and extent of the default. If the nature of Licensee's obligation is such that more than thirty (30) days are required for performance, then Licensee shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. If the default is not cured by Licensee, then Licensor may immediately terminate this Agreement. Section 6. City's Camino Capistrano Road Widening Project. City has plans to widen Camino Capistrano as it abuts the Property. This road widening project may necessitate the City utilizing a portion of the Property (more particularly, approximately thirty feet (30') in width running the full length of the Property along Camino Capistrano) during the term of this Agreement. Accordingly, City reserves the right to take possession of any of the Property deemed necessary to accomplish the road widening during the term of this agreement. City will provide a minimum of sixty (60) calendar days advance notice of City's intent to utilize the needed property. Section 7. Condition of Property. Licensee accepts the Property in its present condition upon execution of this Agreement. Licensee agrees, at Licensee's expense, to use reasonable care to control all weeds growing on Property, and to keep fences, ditches and borders of the Property in good condition and repair at all times, reasonable wear and tear expected. The duly authorized representative of City may enter upon the Property at a reasonable time for the purposes of inspection and to perform any necessary maintenance or repair. Section 8. Site Modifications. Any modifications to the Property, including removal of trees other than the Licensee's stock, or expansion into the currently unused portion of the Property, will require prior Council approval. Section 9. Insurance. Licensee shall maintain at all times during the term of this Agreement comprehensive general liability and property damage insurance in the amount of not less than One Million Dollars ($1,000,000) combined single limit. City shall be named as an additional named insured on said policies. Other terms and conditions, including cancellation provisions and endorsement forms, shall be reviewed and approved by the Office of the City Attorney. Section 10. Indemnity. Licensee shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees and agents from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of Licensee's actions and activities as Licensee of the subject Property. Section 11. No Assignments. Licensee shall not assign its rights under this Agreement to any third party without the written consent of the City. Section 12. 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. mails, or personally served upon the other party. To City: Pamela Gibson, Interim City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 To Licensee: Charles Peltzer Peltzer Farms 10189 Overhill Drive Santa Ana, CA. 92706 Section 13. Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non -prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. Section 14. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. ATTACHMENT 3 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949)493-1053 (FAX) wivirsanjuancapistrano. org JMan � IMOilnnnlll • [`I1unn, 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN INTERIM CITY MANAGER PAMELAGISSON NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on October 21, 2003 in the City Council Chamber in City Hall, to consider: "Consideration of Termination of License Agreement (Bathgate Ranch/Peltzer Farms), and Approval of License Agreement (Peltzer Farms)" — Item No. D5 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 City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, October 20, 2003 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Diane Regier, Management Analyst I. You may contact that staff member at (949) 443-6304 with any questions. The agenda, including agenda reports, www.sanivancaoistrano.org. If you would agendas are posted to the web site, please council-agendasCa)sanivancaaistano.org. Meg Monahan, CMC City Clerk is available to you on our web site: ike to subscribe to receive a notice when make that request by sending an e-mail to: cc: Pat Bathgate; Charles Pelzer; Cynthia L. Russell, Interim Assistant City Manager; Diane Regier, Management Analyst I Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) tvwtv.sanjuancapistrano. org October 23, 2003 E uuuunB • ItunBeH 1 1961 1716 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHNS. GELFF MATT HART JOE SOTO DAVID M. SWERDLIN INTERIM CITY MANAGER PAMELAGIBSON NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On October 21, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of Termination of License Agreement (Bathgate Ranch/Peltzer Farms), and Approval of License Agreement (Peltzer Farms)" Item No. D5 The following action was taken at the meeting: Resolution No. 03-10-21-01 adopted terminating the license agreement with Bathgate Ranch and Peltzer Farms, dated October 27, 2000 for the Christmas Tree Farm on the Northwest Open Space Property; license agreement with Peltzer Farms for the Christmas Tree Farm on the Northwest Open Space approved; and the Mayor authorized to execute the agreement. The approved license agreement is in the process of being executed. If you have any questions regarding this action, please contact Diane Regier, Management Analyst I at 443-6304 for more detailed information. Thank you, Enclosed: Copy - Resolution No. 03-10-21-01 Cc: Pat Bathgate; Charles Pelzer; Cynthia L. Russell, Interim Assistant City Manager; Diane Regier, Management Analyst I omro usE 0 San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 RESOLUTION NO. 03-10-21-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TERMINATING THE LICENSE AGREEMENT FOR THE CHRISTMAS TREE FARM WITH BATHGATE RANCH AND PELTZER FARMS DATED OCTOBER 27, 2000 AND APPROVING THE LICENSE AGREEMENT WITH PELTZER FARMS. WHEREAS, on October 27, 2000, the City of San Juan Capistrano (City) entered into a License Agreement with Bathgate Ranch and Peltzer Farms for use of land located within the Northwest Open Space Property for the operation of a Christmas Tree Farm and pumpkin patch; and, WHEREAS, Bathgate Ranch has requested to be removed as a Licensee from the License Agreement; and, WHEREAS, Peltzer Farms has requested to continue the operation of the Christmas Tree Farm and pumpkin patch; and WHEREAS, it is the desire of the City Council to terminate the License Agreement with Bathgate Ranch and Peltzer Farms dated October 27, 2000 and approve a License Agreement with Peltzer Farms to continue the operation of the Christmas Tree Farm and pumpkin patch. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby terminate the License Agreement with Bathgate Ranch and Peltzer Farms dated October 27, 2000 and approve the License Agreement with Peltzer Farms. PASSED, APPROVED, AND ADOPTED this 21St day of October 2003. ATTEST: v� CITY CLERK 1 10-21-2003 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 03-10-21-01 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 2151 day of October 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL/,MEMBERS 't'c.v+ v R. MONAHAN, i Hart, Bathgate, Swerdlin, Soto and Mayor Gelff None None Clerk