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1984-0821_ELLIOTT, COOK_Participation Agreement' Vii• "CitA .. PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT (this "Agreement") is entered into as of the 21st day of August , 1984, by and between MARY COOK ELLIOTT, ROBERT R. COOK, and VILLA DEL OBISPO, a California Limited Partnership (hereafter, jointly referred to as Owners); CALIFORNIA RETIREMENT VILLAS, INC. ("Developer"); and the CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ("City"), with reference to the following facts: A. City has approved plans for a 96 unit retirement hotel on 3.2 acres of land on Del Obispo Street, as shown on Exhibit "A," attached hereto, as well as the relocation of the historic "Cook Barn" to an approximately 0.78 acre open space on said parcel. B. Developer is the corporate entity utilized for develop- ment and construction purposes by the Owner with respect to that portion of the site (2.42 acres) which includes the retirement hotel and is more particularly described in Exhibit "A" attached hereto (hereinafter referred to as "Developer's Land"). The development to be constructed on Developer's Land is commonly known and described as the "Villa del Obispo Project." C. In connection with the development of Developer's Land, Developer has applied to City for and has been granted approval of the "Villa del Obispo Project." Two of the conditions of said City approval are as follows: "8. Preservation of Barn. The applicant shall prepare a program for the relocation, preser- vation, and maintenance of the 'Cook Barn.' Said plan shall be reviewed and approved by the City Council. 11 9. Open Space Easement. The property owner shall dedicate an open space easement to the City of San Juan Capistrano for approximately .78 acres adjacent to the relocated 'Cook Barn' as designated on the approved site plan. Said easement shall be reviewed and approved by the City Council." D. Developer's Land will be conveyed to and owned by Villa del Obispo of which Developer is the Managing General Partner. Ownership of open space and "Cook Barn" shall, after a legal lot split, remain in Elliott and Cook. -2- E. The City, Owners and Developer desire to establish criteria, responsibilities and obligations concerning: (a) Acquisition of the open space easement; (b) Parcelization of the open space and the relocation, preservation and maintenance of the Barn; (c) Management of financial contributions to and improvement of the open space area. NOW, THEREFORE, in consideration of the foregoing facts, and the terms, covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. Open Space Easement - Owners shall apply for a parcel map dividing the Villa del Obispo Project from the open space property as soon as practical and shall dedicate certain rights and land use controls of the 0.78 acres of open space (Exhibit "A") to City. Said dedication shall be recorded in perpetuity with the Orange County Recorder's office. City shall thereafter have full rights to approve future uses in the open space area consistent with the uses permitted as detailed hereinbelow (refer to paragraph 4). Conveyance of the open space easement shall be completed prior to the issuance of a certificate of occupancy permit for the Villa del Obispo Project. 2. Relocation of Barn - Developer shall, at its sole cost and expense, relocate the Barn in accordance with approved plans set forth in Exhibit "A." Developer responsibility shall include the following: a. A structural analysis of the Barn shall be conducted by a registered structural engineer prior to its relocation. Said engineer shall analyze the structural integrity of the Barn and identify any primary and secondary structural weakness of members and areas of dry rot. In the event that the structural engineer determines that the weakness and dry rot are "critical" to the safe relocation of the Barn, then Developer shall be responsible for the improvement of said structural unit(s) to assure safe movement of the Barn. Based upon the professional structural analysis and recommendation, the Director of Community Planning and Development and the Developer shall consult on those "critical" structural members defined only as "a structural member of the frame that prevents the Barn from being moved safely." Developer's obligation is only to move the Barn in its present physical condition without improvement or rehabilitations. b. A termite inspection by a qualified termite professional shall be made of the Barn prior to its relocation in conjunction with the criteria of paragraph 2a above. G L, -3- c. A level pad shall be created for the Barn in its proposed location within the open space area. d. Upon excavation and placing of utilities for the Villa del Obispo Project, Developer shall stub out to the edge of the driveway road utilities (water, sewer, gas, electric, and telephone) for future Barn hookup only to the extent of the actual utility services provided by Developer from the private road utilized by Ocean Hills Community Church. e. The Barn shall be relocated by a qualified mover of structures to the location as depicted in Exhibit "A." The Barn shall then be lowered onto concrete footings. f. Once relocated, Developer shall provide termite proofing by a qualified professional. g. After relocation of the Barn pursuant to paragraph 2 is through, Owners shall have sole control and responsibility for the 0.78 acres subject only to the terms and conditions of the open space easement. 3. Parking Agreement - Developer and Owner shall enter into a parking agreement with Ocean Hills Community Church whereby Church may have access to and use of 10 parking stalls. Use of said parking area shall be limited to Sunday morning Church services between the hours of 8:00 A.M. and 12 noon and occasional "special events" subject to permission being granted by Developer prior to the event. Additionally, in the interim, property shall be provided to Ocean Hills Community Church for temporary parking use identified as and located adjacent to their property line. Said area shall be improved with gravel and any other necessary improvements so as to make the area safe for the parking of cars at the expense of Ocean Hills Community Church. Said interim parking agreement shall be limited to 15 parking spaces. Developer may remove temporary parking spaces upon fifteen (15) days notice to City and Ocean Hills Community Church. 4. Uses Permitted in the Open Space Area - A. The purpose and intent of the Open Space area is to implement the General Plan provision for the preservation and use of land for agricultural and historical purposes. Whereas this agreement clarifies and specifies permitted uses, it does not supersede the City's zoning nor the normal review process. Therefore, the following principal uses and structures shall be permitted in the Open Space area: 0 a i. Farming, limited to the growing of orchards and/or other agricultural products; ii. Garden plots for rent or lease to local residents; iii. Parks, public and private, including a "Specialty Park" focused on farm development in San Juan Capistrano; iv. Use of the Barn as a Community Center for clubs, churches, and other organizations; V. All other types of uses not specified above shall require approval by the City Council. B. The following accessory uses and structures at the sole discretion of Owner permitted in the Open Space area: i. Temporary stands exclusively for the sale of agricultural products grown on the premises, provided the following conditions are met: a. Stands shall be of wood frame type construction; b. Stands shall not exceed 300 square feet in area; C. Stands shall not be located closer than twenty (20') feet from any street right-of-way; d. Accessory signs used to identify the use shall be located on or adjacent to such stands as set forth in Section 9-3.603 of Chapter 6 of the Land Use Municipal Code of the City; e. Accessory uses and structures as necessary for the operation of a permitted agricultural use. ii. Caretaker's home, of a permanent character, placed in a permanent location. Said structure shall not exceed 700 square feet in area. iii. Educational and cultural programs, provided such programs are of a temporary nature and prior approval is obtained by the Director of Community Planning and Development. 0 6 -s- IN WITNESS WHEREOF, the parties have executed this Participation Agreement and made it effective on the date first above written. ' nn .A�GNATURE MECO ELLIOTT v -/4l 98 DATE F GNATURE ROBERT R. COOK Villa del Obispo, a California Limited Partnership 22 4�_ By DAT OF IGNATURE K. BOOTY, General, Vartner California Retirement Villas, Inc. 2zlgw B: DATE F SIGNATURE JO"H BOOTY, President City of San Juan Capistrano August 21, 1984 B : `� DATE OF SIGNATURE GA L. S ORFER, MAYO ATTEST: August 21, 1984 DATE OF SIGNATURE MARY ANN,,PANOVER, CITY CLERK APPROVED TO FORM: August 16, 1984 DATE OF SIGNATURE V 9S. OKAZAKI, City Attorney gE� I. 7 MIT I Fi �• ri: a. i pp i9 r 3 n a g yy rosin F"F3 £y FS E y[ s r r sl i t ti# L 3cj5 d�ar. r ipp Jfi� Q s iF' Et".��3ii m! dl� F !.i Th i_ s iF i ° ,�' FaS r 1- .E_ A d �0 W I Fd rF� F��'�i?•9F �i F,F aFd 13 ?� i! 3r 's �'i 1 ar O FQ �^ m � ! �] tt i FESm i ra 3Fi1 ^ 3 ( iji� pF 3'a i.•• g � i . # x Fr. r s� W y g �pB jt p6 y` Of ifi'4 p a ij W ri iiFt, i3 di v � :1 .j 'fi ! _• ap.�t_'7pdF� F`i .r! is m£AHF�� 9� '£x apt �i fill 1llt l I7� I I d iF r It t • : � : s ! :% 3� 33 ii#lirt; 3F iIF �� ���I I� —SH{2C]�C �[JM'A•.� �i� Oi���S �O�R 17 '6 TI 11 1 1 I�,I I� t 4 ���•Esrlt yts,.. �F'C�i�A�', "e,!ll�i� •xaSnsxoa , ' �� , -il � August 23, 1984 Mary Cook Elliott 11730 East Whittier Boulevard Space 29 Whittier, California 90601 Re: Cook Barn Agreement Dear Mrs. Elliott: At their meeting of August 21, 1984, the City Council took action to approve the three -party participation agreement which insures compliance with conditions of approval regarding the preservation, relocation, and maintenance of the "Cook Barn" and dedication to the City of an open space easement adjacent to the relocated barn. Enclosed is a fully -executed copy of the agreement for your files. If you have any questions, please do not hesitate to call. Very truly yours, MARY ANN /ft/ANOVER, CMC City Clerk MAH/cj Enclosure cc: Director of Community Planning and Development 32,100 PASSO AOEILANTO SAN JUAN:CAPSTRANO, CALIFORNIA 9ZS75 PHONE 493.1171 August 23, 1984 Robert R. Cook 711 Temple Street San Diego, California 92106 Re: Cook Barn Aqreement Dear Mr. Cook: At their meeting of August 21, 1984, the City Council took action to approve the three -party participation agreement which insures compliance with conditions of approval regarding the preservation, relocation, and maintenance of the "Cook Barn" and dedication to the City of an open space easement adjacent to the relocated barn. Enclosed is a fully -executed copy of the agreement for your files. If you have any questions, please do not hesitate to call. Very truly yours, MARY ANN 4ANOVER, CMC City Clerk MAH/cj Enclosure cc: Director of Community Planning and Development 0000 32400 PA51!0'AD8t AHTO' SAN JVAN'CAPISTRAryO, CALIFORNIA 92675 PHONM 493.117t August 23, 1984 John A. Booty Villa Del Obispo, Ltd. c/o California Retirement Hotel, Inc. 245 Fischer Avenue, Suite D-1 Costa Mesa, California 92626 Re: Cook Barn Agreement Dear Mr. Booty: At their meeting of August 21, 1984, the City Council took action to approve the three -party participation agreement which insures compliance with conditions of approval regarding the preservation, relocation, and maintenance of the "Cook Barn" and dedication to the City of an open space easement adjacent to the relocated barn. Enclosed is a fully -executed copy of the agreement for your files. If you have any questions, please do not hesitate to call. Very truly yours, MARY ANN NOVER, CMC City Clerk MAH/cj Enclosure cc: Director of Community Planning and Development 0 6 BIDS, CONTRACTS, AGREEMENTS 1. COOK BARN AGREEMENT (VILLA DEL OBISPO/COOK/ELLIOTT) J38 ) V VApplicant: ) Villa DelObispo, Ltd., c/o California Retirement Hotel, (68) 245 Fischer Avenue, Suite D-1, Costa Mesa, 92626. Property Owners: Robert Cook 711 Temple Street, San Diego,.92106; and, Mary Cook Elliott, 11730 East Whittier Boulevard, Space 29, Whittier, 90601. Written Communications: Report dated August 21, 1984, from the Director of Community Planning and Development, forwarding a three -party agreement to insure that certain conditions of approval of Architectural Control 83-6, California Retirement Villa, are met. The conditions required preparation of a program for the relocation, preservation, and maintenance of the "Cook Barn;" dedication to the City.of an approximate 0.78 -acre Open Space easement adjacent to the relocated barn; and, that the Developer and Owners enter into a parking agreement with Ocean Hills Community Church for -shared use,of 10 parking stalls. Approval of A reement: It was move y Councilman Bland, seconded by Councilman Buchheim, and unanimously carried to approve the "Participation Agreement" between the City, Mary Cook Elliott, Robert R. Cook, and Villa Del Obispo (Owners), and California Retirement Villas, Inc. (Developer). The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. AGENDA ITEM August 21, 1984 T0: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: AC 83-6, Cook Barn Agreement (Cook/California Retirement Villas, Inc.) SITUATION A. Applicant Property Owners Villa Del Obispo, Ltd. Bob Cook c/o California Retirement Hotel, 711 Temple Street Inc. San Diego, CA 92106 245 Fischer Avenue, Ste. D-1 Costa Mesa, CA 92626 Mary Cook Elliott 11730 E. Whittier Blvd. Space 29 Whittier, CA 90601 B. Background - On February 21, 1984, the City Council approved the above referenced project subject to several conditions. Conditions No. 8 and 9 required further City Council approvals. Condition No. 8 required the applicant to prepare a program for the relocation, preservation and maintenance of the "Cook Barn." Condition No. 9 requires the property owner to dedicate an open space easement to the City for approxi- mately 0.78 acres adjacent to the relocated "Cook Barn" as shown on the approved site plan. A three -party partici- pation agreement has been prepared to insure that these conditions are fulfilled. (See attached agreement). C. Summary and Recommendation - Staff has reviewed the contents of the agreement and would recommend approval. This recommendation is based upon the finding that the agreement: (1) Defines the open space easement, its conveyance, and establishes restricted uses which would be permitted (page 2, section 1, and page 3, section 4). (2) Defines the obligations and responsibilities for relocating, preserving and maintaining the "Cook Barn" (page 2, section 2). (3) Provides for a parking agreement that will allow for shared parking between the development and the Ocean Hills Community Church. FOR CITY COUNCIL AGENDA ...J rI 0 • Agenda Item -2- August 21, 1984 In conclusion, the agreement will result in the conveyance of the open space easement to the City with the underlying fee title remaining with the "Cook" family. The uses which are permitted are designed to support the perpetuation of an agricultural environment adjacent to the barn such as farming, garden plots, or use by community groups. Each of these elements contained in the agreement are designed to preserve and enhance the agricultural and historical significance of the "Cook Barn." COMMISSION/BOARD REVIEW, RECOMMENDATION None. FINANCIAL CONSIDERATIONS None, except the normal administrative costs associated with preparing and executing the agreement. Title and use of the property would remain under the ownership of the Cook family. ALTERNATE ACTIONS 1. Approve the agreement. 2. Approve the agreement with modifications. 3. Continue the item. RECOMMENDATION By motion, authorize the Mayor to approve and execute the agreement. Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:TT: jtb Attachments