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.
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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.
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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
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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.
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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
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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
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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