05-1018_PELTZER FARMS_License Agreement0 0
LICENSE AGREEMENT
This License Agreement is entered into thisa(.e! y of October, 2005, 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 portion of the property to establish and
maintain a Christmas tree farm;
NOW, THEREFORE, City and Licensee hereby mutually agree as follows:
Section I. 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 the 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.
SD
Section 4. Term.
The term of this Agreement shall be effective for two (2) years from the date of
execution of the Agreement.
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 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.
Licensor:
Dave Adams, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Section 13. Attorney's Fees.
Licensee:
Charles Peltzer
Peltzer Farms
40275 Calle Contento
Temecula, CA 92591
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
ATTEST:
By:
eg Ponahan, City Clerk
AS TO FORM:
By: _ a 5��
John R. Shaw, City Attorney
EI
CITY OF SAN JUAN CAPISTRANO
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, OA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
October 21, 2005
Charles Peltzer
Peltzer Farms
40275 Calle Contento
Temecula, CA 92591
Dear Mr. Peltzer:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council approved a license agreement related to establishment and
maintenance of a Christmas tree farm on October 18, 2005. A fully executed, original
agreement is enclosed for your records.
Thank you for maintaining documentation confirming current compliance with the terms
of insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the project
manager, Cynthia L. Russell, Administrative Services Director (949) 443-6301.
Thank you,
L. Russell, Administrative Services Director
San Juan Capistrano: Preserving the Past to Enhance the Future
I Pnnt.d nn rewdetl nano,
10/18/2005
AGENDA REPORT D11
TO: Dave Adams, City Manager
FROM: Cindy Russell, Administrative Services Director Y'6
SUBJECT: Consideration of Renewal of the License Agreement for the Christmas
Tree Farm on the Northwest Open Space (Peltzer Farms)
RECOMMENDATION:
By motion, approve the renewal of 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:
The City has had a license agreement with Charles Peltzer to operate a Christmas tree
farm and pumpkin patch on property adjacent to Camino Capistrano in the northwest
open space for a number of years. Under the terms of the agreement, Mr. Peltzer is
required to 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.
Additionally, Mr. Peltzer is permitted to grow strawberries and other vegetables during
the year, and, subject to written approval by the City, may erect a fruit stand on the
property.
The tree farm is well established and Mr. Peltzer has maintained the property in good
condition. Staff recommends renewal of the license agreement with Peltzer Farms for a
two year period
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not Applicable.
FINANCIAL CONSIDERATIONS:
Peltzer Farms will 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.
Agenda Report •
Page 2
NOTIFICATION:
Charles Peltzer
RECOMMENDATION:
E
October 18, 2005
By motion, approve the renewal of the license agreement with Peltzer Farms for the
Christmas Tree Farrm on the Northwest Open Space, and authorize the Mayor to
execute the agreement on behalf of the City.
Respectfully submitted,
Cindyell
Administrative Services Director
Attachment(s):
1. License Agreement
2. Location Map
Prepared by:
iane Regier
Management nalyst I
0 0
LICENSE AGREEMENT
This License Agreement is entered into this day of October, 2005, 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 portion of the property to establish and
maintain a Christmas tree farm;
NOW, THEREFORE, City and Licensee hereby mutually agree as follows:
Section I. 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 the 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.
ATTACHMENT
Section 4. Term.
The term of this Agreement shall be effective for two (2) years from the date of
execution of the Agreement.
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 insured on
0 0
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.
Licensor:
Dave Adams, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Section 13. Attorney's Fees.
Licensee:
Charles Peltzer
Peltzer Farms
10189 Overhill Drive
Santa Ana, CA. 92706
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 forthe 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.
9 0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
CITY OF SAN JUAN CAPISTRANO
By:
Wyatt Hart, Mayor
ATTEST:
By:
Meg Monahan, City Clerk
APPROVED AS TO FORM:
By:
John R. Shaw, City Attorney
By:
Peltzer Farms
4
'i THE CITY OF
SAN JUAN CAPISTRANO
14 A
Peltzer Farms
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ATTACHMENT 2
32400 PASEO ADEI-ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www"sonquancaprstrano. org
11
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MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
MATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on October 18, 2005 in
the City Council Chamber in City Hall, to consider: "Consideration of Renewal of the
License Agreement for the Christmas Tree Farm on the Northwest Open Space
(Peltzer Farms)" — Item No. D11.
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 the City Clerk's office by 5:00
p.m. on Monday, October 17, 2005 to allow time for the Council 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 Mayor
when the item is considered.
You have received this notice at the request of the City staff member Diane Regier,
Management Analyst. You may contact that staff member at (949) 443-6304 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.ong. 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-aoendasesanivancapistrano.org.
Meg Monahan, CMC
City Clerk
cc: Charles Peltier; Cindy Russell, Administrative Services Director; Diane Regier,
Management Analyst
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on recycled paper
40
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
September 19, 2006
Charlie Peltzer
Peltzer Farms
10189 Overhill Drive
Santa Ana, CA 92705
L��(���"!, IA(IIIOIIIEI
r WISH t961
In6
MEMBERS OF THE CITY COUNCIL
RE: Compliance with Insurance Requirements — Christmas Tree Farm License
Agreement
The following insurance documents are due to expire:
✓ General Liability Certificate 10/1/2006
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
✓ General Liability Endorsement Form naming the City of San Juan
Capistrano as additional insured.
Please submit updated documentation by the above expiration dates to the City of San
Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan
Capyy'��,trano, CA W675 or fax to (949) 493-1053. If you have any questions, please
coy(tabt mo at () 443-6309.
cc:
0 printed .0100% ReeycleJ Paper
Regier, Management Analyst I
301
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San Juan Capistrano: Preserving the Past to nhance the Future