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06-0808_SAN JUAN FAMILY FARM MUSEUM_License Agreement0 0 LICENSE AGREEMENT This License Agreement ("Agreement") is made this � day of 2006, by and between the City of San Juan Capistrano, a public body, cor politic ("Agency'), and San Juan Family Farm Museum ("Licensee'). RECITALS: WHEREAS, Agency is the owner of a 28.225 acre farm in the City of San Juan Capistrano, California, which property was acquired to be maintained as open space within the City and for the preservation of the historic Joel Congdon House (hereinafter referred to as the "House"); and WHEREAS, Licensee desires to conduct agricultural education and museum uses in and around the House; and WHEREAS, Licensee has agricultural education expertise and experience, and shall partner with organizations having historical, museum interpretation and operation expertise; and NOW, THEREFORE, Agency and Licensee do hereby mutually agree as follows: Section 1. Grant of License/Term. (a) Grant of License. Agency hereby grants a license to Licensee for that certain real property identified in Exhibit A, attached and incorporated herein by reference, for the purpose of managing and maintaining an agricultural education and museum facility within the House on the property and the associated grounds immediately surrounding the House. (b) Term. The term of the license shall be for period of two (2) years. The City Manager, at his discretion, is authorized to extend the license up to twelve (12) months, but not to exceed a total of three (3) annual extensions. The license term shall commence upon Licensee's securing of the land use entitlements referred to in section 3 of this agreement. 1 gp 0 0 Section 2. License Fee. In consideration of the terms of this Agreement, the Licensee agrees to pay Agency the sum of Six Hundred Eighty Dollars ($680.00) per annum fee for use of the Property as authorized by this agreement. The fee shall be due on the annual anniversary date of the Licensee's start date of operation of the property. Section 3. Nature of Uses Permitted Under the Agreement. Upon Agency approval of a conditional use permit and site plan review and construction of necessary ADA improvements, the Property shall be used by Licensee for the conduct of agricultural education and museum uses for the benefit of the public in accordance with the conditions imposed by the conditional use permit and site plan review approvals. Said uses shall be established to the satisfaction of the Agency within three months of the date of completion of the ADA improvements and issuance of a certificate of occupancy. The public shall have access only to the first floor of the House and the grounds immediately surrounding the House, as depicted on the site plan and first floor plan attached hereto as Exhibits "A" and "B" respectively, and incorporated herein by reference.. The second floor of the House shall be used as an office for Licensee, storage of equipment and materials associated with the agricultural education and museum facility, and Agency storage as depicted on the second floor plan attached hereto as Exhibit "C" and incorporated herein by reference. Under no circumstance is the second floor of the House to be open to the public at any time. Licensee shall provide, or partner with individuals providing, the expertise, supervision and management over the agricultural education and museum operations to ensure the first floor and surrounding yard area is open to the public. Licensee shall be responsible for the supervision and management of every aspect of the agricultural education and museum facility in accordance with the provisions of this Agreement and the conditions imposed by the conditional use permit and site plan review approvals, in a business like manner. Use of the Property shall be in compliance with all applicable local, state and federal regulations. Section 4. Reservations to Agency. Agency reserves the right to enter the Property at any reasonable time for the purpose of inspection and to carry out any municipal functions. Agency also reserves the right to use any portion of the building not fully utilized by Licensee. Such use shall, however, not be imposed upon Licensee without prior notification and coordination. Any rights herein reserved shall, moreover, not be exercised in any manner which will unreasonably interfere with Licensee's use and occupancy of the Property for the purposes stated in this Agreement. Agency also reserves the right to enter the Property for purposes of maintenance, which may include the need for Licensee to vacate Property for a temporary period to be specified at that time, with provision of 30 days notice except for emergency repairs. 2 9 9 Section 5. Condition/Maintenance. (a) Licensee agrees to accept the Property in present condition on the date of execution of this Agreement. Licensee agrees to maintain at the Licensee's expense the Property in good order and safe and sanitary condition. Modifications to the Property must be approved by Agency, as required by the Municipal Code and City Council Policy, prior to any such modifications. (b) Licensee shall be responsible for the following items: 1. Making application within 90 days of the execution of this License by both parties for the conditional use permit and site plan review approvals for adaptive re -use from residential to agricultural education/museum purposes. Licensee shall be responsible for submittal of all necessary conceptual plans and information in support of said applications 2. Preparing, and keeping updated, a detailed list of all permanent displays, furnishings and effects, with a brief description, owner's name and photograph for every item 3. Interior maintenance/janitorial functions 4. Appliance repair and replacement 5. Maintenance of heating/cooling system, smoke detectors and plumbing, including repair or replacement of deteriorated equipment/fixtures due to aging 6. Care and maintenance of interior flooring, walls and built-ins, including repair or like -for -like replacement of materials in compliance with the Secretary of the Interior's Standards for Treatment of Historic Properties due to aging of structure 7. Repair and maintenance of interior furnishings 8. Repair and maintenance of interior and exterior light fixtures, including replacement of bulbs and like -for -like replacement of fixtures due to aging 9. Exterior ground and building maintenance and repair, including irrigation; landscape; wall, window and door repair; and painting for the House, outbuildings and water tower in compliance with the Secretary of the Interior's Standards for Treatment of Historic Properties 10. Pest control (c) Agency shall be responsible for the following items: 1. Preparation of plans and specifications for the Capital Improvement Project (CIP) listed in #3 below in support of the construction bid process. 2. Processing of conditional use permit and site plan review applications for adaptive re -use from residential to agricultural education/museum purposes. 191 0 0 3. Management of the CIP project for the construction of ADA improvements including driveway and handicapped parking space; accessible path of travel; ADA compliant restroom; and modifications necessary to assure adequate public ADA access to the first floor of the House in accordance with the State Historical Building Code, the Americans with Disabilities Act and the Secretary of the Interior's Standards 4. Structural repair of House and water tower 5. Roof repair/replacement 6. Maintenance of utility lines to the Property 7. Repair or replacement of electrical system due to aging of structure 8. Installation of any necessary and appropriate exterior site lighting in accordance with the site plan review approval 9. Utility bills Section 6. Conditions of Operation. The Property shall be used for agricultural education and museum functions in accordance with the provisions of this Agreement and the conditions imposed by the conditional use permit and site plan review approvals. (a) The hours of operation shall be during daylight hours, except for meetings or classes which may be held at night within the interior of the House. Other uses and times shall be approved in advance by the Agency in accordance with applicable Municipal Code requirements. (b) The first floor of the House shall be interpreted as a museum, including furnishings, historical items and/or displays appropriate to the historical period of the House and agricultural use of the surrounding area. Emphasis shall be on historical agricultural and farming techniques typical of the late 1800s, especially walnut orchards, as well as current techniques for organic farming, recycling, water conservation, sustainability and other environmentally responsible practices. Sufficient space shall be ensured for educational displays and classes. (c) The first floor of the House and the grounds immediately surrounding the House shall be used for agricultural education and similar programs consistent with the terms of this Lease. (d) The first floor of the House and the grounds immediately surrounding the House shall be open to the general public under supervision of trained docents on an average of at least two days per week with regular hours of operation to the maximum extent feasible, as detailed in the conditional use permit. The hours of operation shall be posted in a publicly visible location. (e) No nails, tacks or other sharp objects shall be placed in the walls, roof or ceiling of the House. No holes shall be drilled into the structure for any purpose. No 12 0 0 structural or other changes of any kind shall be made to the House unless prior written approval is obtained from the Agency. The floor shall be maintained in its original condition, with no permanent alterations; only temporary coverings (e.g., rugs) that do not need to be affixed to the floor are allowed. (f) Licensee shall obtain approval from Agency for distribution of keys, and shall provide Agency a list of key -holders. No unauthorized distribution of keys shall occur. (g) Licensee shall, at all times, Historic Preservation Manager, advised telephone number. keep the Agency's designated liaison, the of the Licensee's current address and (h) Licensee shall, at all times, ensure that the operation and use of the Property does not adversely affect the public health, safety and welfare. (i) Licensee shall submit a performance report on July 31, 2007 and January 31, 2008, and annually on January 31 thereafter, to the City Manager including the following: 1. Number of visitors receiving benefits from activities including tours, meetings, and classes; 2. The city of residence of citizens receiving benefits 3. Proof of the organization's continued nonprofit status; 4. Disclosure of all activities being conducted on the Property, including tours, meetings, and classes; 5. Description of maintenance of Property; and 6. Information on the total revenue received by the Lessee in conjunction with the operation of the Property under this Agreement during the reporting period and disclosure of the sources of that revenue. Section 7. Insurance. Licensee shall secure and maintain a policy with a minimum period of one year insuring Agency against public injury, liability, and damage in the sum of $1,000,000 for injury to any one person/any one occurrence, $500,000 property damage and $1,000,000 for injury to more than one person/any once occurrence. The Agency and its elected and appointed officials, and employees shall be named as additional insured. Licensee shall provide Agency with a Certificate of Insurance and Endorsement Form establishing that the required insurance coverage has been secured. The policy shall not terminate nor be canceled during the term of this Agreement. 5 Section 8. Indemnification. Licensee shall indemnify and save harmless Agency, its elected and appointed officials, and employees from any and all damage and liability of every kind and nature which may arise as a result and consequence of Licensee's use of Property. Section 9. No Assignments. Licensee shall not assign this Agreement or any interest herein, or sublet the Property or any part thereof, or license the use of all or any portion of the Property or business conducted therein or thereon, or encumber or hypothecate this Agreement, without first obtaining the written consent of Agency. Any assignment, subletting, licensing, encumbering, or hypothecating of this Agreement without such prior written consent shall, at the option of the Agency, be subject to automatic termination of the Agreement by Agency. Nothing in this section is intended to prohibit the Licensee's partnership(s) with organizations and entities to fulfill the intended purposes of this Agreement as outlined herein, subject to approval from the City Manager and provided the Lessee's insurance coverage includes the partner organization(s) named as additional insured. Section 10. Time of the Essence. Time is of the essence of each and every provision, covenant, and condition herein contained and on the part of Lessee to be done and performed. Section 11. Default. (a) If Licensee defaults in the payment of the lease rate, or any additional applicable license payments, or defaults in the performance of any of the other covenants or conditions hereof, Agency may give Licensee notice of such default. If Licensee does not cure any such default within thirty (30) days, or such other time period as specified in the notice of default, after the giving of such notice, then Agency may terminate this Agreement on not less than ten (10) days' notice to Licensee. Within sixty (60) days of such termination, Licensee shall have surrendered the Property to Agency in accordance with the provisions of Section 13, and Licensee shall remain liable as hereinafter provided. If this Agreement shall have been so terminated by Agency, Agency may at any time thereafter resume possession of the Property by any lawful means and remove Licensee or other occupants and their furnishings and effects. (b) If Licensee breaches any provision of this Agreement, Agency may, on reasonable notice to Licensee (except that no notice need be given in case of emergency), cure such breach at the expense of Licensee. The reasonable amount of all expenses, including attorney's fees, incurred by Agency in so doing shall be deemed as additional recoverable damages by Agency. D 0 (c) To the extent waiver is permitted by law, the parties waive trial by jury in any action or proceeding brought in connection with this Agreement. Section 12. Alternate Termination of Aareement Notwithstanding the provisions of Section 1 herein, this Agreement may be terminated at will and without cause by either the Agency or Licensee, with sixty (60) days written notice. Within sixty (60) days of such notice, Licensee shall have surrendered the Property to Agency and ensured the return of displays, furnishings and effects within Property to their rightful owners or ensured secure storage of same. Property shall be returned to its condition as of the original execution date of this Agreement to the satisfaction of the Agency. Section 13. Notices. Any notice required to be given under this Agreement shall be in writing and shall be deemed to have been duly given and received if and when personally served, or forty-eight (48) hours after being deposited in the United States mail, first class, postage prepaid, addressed to the intended party at: Agency: City of San Juan Capistrano/Redevelopment Agency City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Any notice required to be sent to the Agency/City shall be addressed as noted above. Licensee: George Kibby San Juan Family Farm Museum 2268 E. Sandalwood Place Anaheim, CA 92806 11 0 0 Section 15. Attorneys' Fees. If either party commences action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the other party reasonable attorney's fees and costs of suit. Section 16. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties regarding the Property and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the Agency and Licensee have caused this Agreement to be executed on the date and year first written above. APPROVED AS TO FORM: John R1 Shaw, City Attorney 1.9 CITY OF SAN JUAN CAPISTRANO, A public body of corporate and politic David M. Sv6erdrin, Mayor LICENSEE: SAN JUAN FAMILY FARM MUSEUM By: George 'bb 0 0 Exhibit "A" Exhibit B (N) ADA Restroom - C15 Public Museum Space PORCH 0.'-d �n ' BATH Public Museum Space Joel Congdon House, First Floor I IM i Joel Congdon House, Second Floor No public access/use Ag Ed/Mus Storage Agency w1®B Storage HALL. No �Of South Coast Farms office i • 32400 PASEO ADEL.ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-10531" www.saninancapistrano.org TRANSMITTAL George Kibby San Juan Family Farm Museum 2268 E. Sandalwood Place Anaheim, CA 92806 DATE: February 14, 2007 IAtlIA,IOAAlf1 • Ff1R1AIfYA1 I 1161 1776 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: License Agreement — Use of the Joel Congdon House MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949)443-6309. If you have questions concerning the agreement, please contact Teri Delcamp, Historic Preservation Manager. (949) 443-6330. An original, executed agreement is enclosed for your records. Cc: Teri Delcamp, Historic Preservation Manager Sart Juan Capistrano: Preserving the Past to Enhance the Future CIO Printed on 100h recycled paper 9 0 8/15/2006 AGENDA REPORT TO: Dave Adams, City Manager FROM: Molly Bogh, Planning Director SUBJECT: Consideration of License Agreement for the Joel Congdon House, 32701 Alipaz Street (San Juan Family Farm Museum) City Council Priority 16a RECOMMENDATION: By motion, approve the license agreement with use of the Joel Congdon House for $680 per execute the agreement on behalf of the City. SITUATION: A. Summary and Recommendation: San Juan Family Farm Museum for the annum; and, authorize the Mayor to Staff has concluded negotiations for the adaptive re -use of the National Register Joel Congdon House at 32701 Alipaz Street. One of the submittals received in response to the City's Request for Proposals (RFPs) in 2004 was selected based on meeting certain criteria and being the most compatible with the surrounding farm use and the City's goals for the site. The selected tenant is San Juan Family Farm Museum, which was a proposal submitted by George Kibby of South Coast Farms. Staff is recommending that the City Council authorize execution of a license agreement (see Attachment 1) with San Juan Family Farm Museum. B. Backaround: In August 2004, the City released a Request for Proposal (RFP) to invite submittals for the use of the historic Joel Congdon House at 32701 Alipaz Street (see map in Attachment 2). The City received 13 proposals in response to the RFP, ranging from residential (some including live/work situations), to more commercial uses including a cafe and bookstores, to museums. The proposals were reviewed by staff based on a set of criteria regarding the amount of modifications required, zoning compliance, intensification, financial capability, relationship to agricultural setting, and creativity. Based on staffs review, the proposal from George Kibby of South Coast Farms (see Attachment 3) was selected as the most compatible proposal for the site. The South Coast Farms proposal is for a museum and agricultural/educational center that would be open to the public for individual and group tours and Agenda Report Page 2 August 15, 2006 agricultural/educational workshops and classes. The use would be operated by the non-profit San Juan Family Farm Museum (Farm Museum), which was set up several years ago by George Kibby and re -activated last year. Negotiations began between the previous Historic Preservation Manager (HPM) and George Kibby, and ceased during the recruitment period for a replacement HPM. The Planning Department re-initiated negotiations after the current HPM was hired. The Public Works Department was also in the process of re- negotiating the license for the farm. The Planning Department is bringing the license agreement for the Congdon House forward to the City Council now, and the farm lease agreement will be brought forward at a later date by the Public Works Department. Because the proposals were received over a year ago, staff sought a recommendation from the Cultural Heritage Commission regarding the proposed use of the Congdon House before scheduling the license agreement for Council consideration. The Congdon House has been vacant since its restoration was completed, and the City Council placed the re -use of the historic building on its list of priorities for this year. In addition, staff submitted a Capital Improvement Program (CIP) project for the 06-07 fiscal year to design, process and install ADA improvements to the Congdon House that will allow for the former residence to be used as a facility open to the general public. Staff anticipates that the Cultural Heritage Commission and Planning Commission will need to review the plans for the ADA improvements as well as the conditional use permit for the museum use. Therefore, it is critical that the license agreement for the Congdon House be considered by the City Council at this time so the plan preparation and review processes can be initiated. C. Analysis: The City's adopted Preservation Strategy indicated a strong potential for enhanced public use of the Congdon House as an interpretive museum/educational facility focusing on its agricultural past. The Farm Museum's proposal establishes a framework for an agricultural museum and educational use at the Congdon House. Staff solicited an updated use plan for the site from Mr. Kibby this spring (see Attachment 4). This framework is incorporated into the terms of the proposed license agreement. The agreement requires the Farm Museum to apply for a conditional use permit to allow the museum use to occur at the site. The conditional use permit would further refine and detail the use and operation of the agricultural museum/educational facility. The terms of the license agreement were generally based on similar license agreements and memoranda of understanding with other non-profit organizations who are tenants in the City's historic properties. The initial term is two years from the execution date, with up to three annual renewals to be approved by the City Manager based on evidence of compliance with the agreement's terms. After this Agenda Report Page 3 August 15, 2006 first five year period, the City Council would consider extending the agreement for an additional period. The tenant would be required to pay an annual maintenance fee of $680 to the City. Semi-annual reports on the activities, visitors and non-profit status would be required consistent with City Council Policy No. 014. Terms are included that establish the maintenance responsibilities of the tenant, as well as the care and preservation of the historic property and artifacts that may be housed within it. The intent of the tenant is to partner with other organizations, including the San Juan Capistrano Historical Society, historians, the Questers and other individuals to interpret the first floor of the Congdon House as a museum. Mr. Kibby already has various agricultural educational programs and groups that visit the site which would be expanded to include the house under the management of the non- profit. Classes relating to agriculture, lost farm arts, organic farming and gardening, water conservation, and green building, etc., would be featured as part of the overall programming. The HPM and members of the Cultural Heritage Commission have discussed obtaining corporate and merchant sponsorship for next year's Historic Preservation Week activities in order to raise funds to help furnish and interpret the interior of the Congdon House as a museum. The original proposal to use a portion of the second floor for City staff offices is no longer proposed because the Planning and Community Services Departments do not agree that off-site offices for one or two staff members are in the best interest of either department. D. ADA Improvements: Any change of the residence to allow use by the general public will require compliance with ADA regulations. After the Congdon House was restored, the City had anticipated the need for construction of ADA improvements to accommodate public access. A CIP project for those ADA improvements in the amount of $35,000 was approved in previous years' CIP budgets beginning in 2003. However, when the RFP was released, it was anticipated that a potential tenant would pay for the ADA improvements and the CIP funding was rescinded. In negotiations with the Farm Museum, the tenant will not be able to incur financial responsibility for the ADA improvements. As mentioned previously, a new CIP project was approved for FY 06-07 to complete the necessary ADA improvements. The intent is to build a ramp to the side entry door of the house, and to convert the existing laundry room at the rear of the Congdon House to an ADA restroom. An accessible parking space, path of travel and driveway to the parking space will also be provided. Staff is working through design ideas to accommodate ADA access between the two main front rooms of the Congdgn House where a narrow door currently exists. The budgeted CIP is in the amount of $80,000, and more detailed cost estimates will Agenda Report • • Page 4 August 15, 2006 be available when the plans and specifications are considered by the City Council at a future date. The design for the CIP project will be reviewed by the Cultural Heritage Commission to ensure compliance with the Secretary of the interior's Standards. Staff anticipates being able to complete the plans and review process in order to bid the project in the spring, with construction completed in the summer of 2007. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Cultural Heritage Commission considered a report from staff in April 2006. The report outlined some alternatives the City could follow for the Congdon House, including proceeding to conclude negotiations with Mr. Kibby; issuing a new RFP to solicit additional or updated use proposals; and identifying an interim residential rental use during the RFP process. The Commission's discussion strongly supported concluding negotiations with Mr. Kibby. The Commission's position is that the agricultural museum/educational use is ideal for the Congdon House and the most compatible with the surrounding farm operations. FINANCIAL CONSIDERATIONS: The proposed license agreement provides for a $680 per year payment which is consistent with other non-profit agreements for use of City -owned historic properties. NOTIFICATION: *Keith and Montez Brewer *Ed Carey *Jessie Carlos *Michelle Collins *Mary Eidsvold *Bruce Emerick *George Kibby *Brian Klinker *Susan Lane *Sherry Larson *Deanna Moore *Esther Vela *Kristine Weathers * Indicates that an Agenda Report was included in Notification Agenda Report Page 5 16 0 August 15, 2006 By motion, approve the license agreement with San Juan Family Farm Museum for the use of the Joel Congdon House for $680 per annum; and, authorize the Mayor to execute the agreement on behalf of the City. Respectfully submitted, Molly Bogh Planning Director Attachment(s): Prepared by: Teri Delcamp Historic Preservation Manager 1. License Agreement 2. Location Map 3. South Coast Farms Proposal for San Juan Family Farm Museum 4. South Coast Farms Addendum LICENSE AGREEMENT This License Agreement ("Agreement") is made this day of 2006, by and between the City of San Juan Capistrano, a public body, corporate and politic ("Agency"), and San Juan Family Farm Museum ("Licensee"). RECITALS: WHEREAS, Agency is the owner of a 28.225 acre farm in the City of San Juan Capistrano, California, which property was acquired to be maintained as open space within the City and for the preservation of the historic Joel Congdon House (hereinafter referred to as the "House"); and WHEREAS, Licensee desires to conduct agricultural education and museum uses in and around the House; and WHEREAS, Licensee has agricultural education expertise and experience, and shall partner with organizations having historical, museum interpretation and operation expertise; and NOW, THEREFORE, Agency and Licensee do hereby mutually agree as follows: Section 1. Grant of License/Term. (a) Grant of License. Agency hereby grants a license to Licensee for that certain real property identified in Exhibit A, attached and incorporated herein by reference, for the purpose of managing and maintaining an agricultural education and museum facility within the House on the property and the associated grounds immediately surrounding the House. (b) Term. The term of the license shall be for period of two (2) years. The City Manager, at his discretion, is authorized to extend the license up to twelve (12) months, but not to exceed a total of three (3) annual extensions. The license term shall commence upon Licensee's securing of the land use entitlements referred to in section 3 of this agreement. 1 ATTACHMENT 0 0 Section 2. License Fee. In consideration of the terms of this Agreement, the Licensee agrees to pay Agency the sum of Six Hundred Eighty Dollars ($680.00) per annum fee for use of the Property as authorized by this agreement. The fee shall be due on the annual anniversary date of the Licensee's start date of operation of the property. Section 3. Nature of Uses Permitted Under the Agreement. Upon Agency approval of a conditional use permit and site plan review and construction of necessary ADA improvements, the Property shall be used by Licensee for the conduct of agricultural education and museum uses for the benefit of the public in accordance with the conditions imposed by the conditional use permit and site plan review approvals. Said uses shall be established to the satisfaction of the Agency within three months of the date of completion of the ADA improvements and issuance of a certificate of occupancy. The public shall have access only to the first floor of the House and the grounds immediately surrounding the House, as depicted on the site plan and first floor plan attached hereto as Exhibits "A" and "B" respectively, and incorporated herein by reference.. The second floor of the House shall be used as an office for Licensee, storage of equipment and materials associated with the agricultural education and museum facility, and Agency storage as depicted on the second floor plan attached hereto as Exhibit "C" and incorporated herein by reference. Under no circumstance is the second floor of the House to be open to the public at any time. Licensee shall provide, or partner with individuals providing, the expertise, supervision and management over the agricultural education and museum operations to ensure the first floor and surrounding yard area is open to the public. Licensee shall be responsible for the supervision and management of every aspect of the agricultural education and museum facility in accordance with the provisions of this Agreement and the conditions imposed by the conditional use permit and site plan review approvals, in a business like manner. Use of the Property shall be in compliance with all applicable local, state and federal regulations. Section 4. Reservations to Agency. Agency reserves the right to enter the Property at any reasonable time for the purpose of inspection and to carry out any municipal functions. Agency also reserves the right to use any portion of the building not fully utilized by Licensee. Such use shall, however, not be imposed upon Licensee without prior notification and coordination. Any rights herein reserved shall, moreover, not be exercised in any manner which will unreasonably interfere with Licensee's use and occupancy of the Property for the purposes stated in this Agreement. Agency also reserves the right to enter the Property for purposes of maintenance, which may include the need for Licensee to vacate Property for a temporary period to be specified at that time, with provision of 30 days notice except for emergency repairs. 2 Section 5. Condition/Maintenance. (a) Licensee agrees to accept the Property in present condition on the date of execution of this Agreement. Licensee agrees to maintain at the Licensee's expense the Property in good order and safe and sanitary condition. Modifications to the Property must be approved by Agency, as required by the Municipal Code and City Council Policy, prior to any such modifications. (b) Licensee shall be responsible for the following items: 1. Making application within 90 days of the execution of this License by both parties for the conditional use permit and site plan review approvals for adaptive re -use from residential to agricultural education/museum purposes. Licensee shall be responsible for submittal of all necessary conceptual plans and information in support of said applications 2. Preparing, and keeping updated, a detailed list of all permanent displays, furnishings and effects, with a brief description, owner's name and photograph for every item 3. Interior maintenance/janitorial functions 4. Appliance repair and replacement 5. Maintenance of heating/cooling system, smoke detectors and plumbing, including repair or replacement of deteriorated equipment/fixtures due to aging 6. Care and maintenance of interior flooring, walls and built-ins, including repair or like -for -like replacement of materials in compliance with the Secretary of the Interior's Standards for Treatment of Historic Properties due to aging of structure 7. Repair and maintenance of interior furnishings 8. Repair and maintenance of interior and exterior light fixtures, including replacement of bulbs and like -for -like replacement of fixtures due to aging 9. Exterior ground and building maintenance and repair, including irrigation; landscape; wall, window and door repair; and painting for the House, outbuildings and water tower in compliance with the Secretary of the Interior's Standards for Treatment of Historic Properties 10. Pest control (c) Agency shall be responsible for the following items: 1. Preparation of plans and specifications for the Capital Improvement Project (CIP) listed in #3 below in support of the construction bid process. 2. Processing of conditional use permit and site plan review applications for adaptive re -use from residential to agricultural education/museum purposes. K3 0 0 3. Management of the CIP project for the construction of ADA improvements including driveway and handicapped parking space; accessible path of travel; ADA compliant restroom; and modifications necessary to assure adequate public ADA access to the first floor of the House in accordance with the State Historical Building Code, the Americans with Disabilities Act and the Secretary of the Interior's Standards 4. Structural repair of House and water tower 5. Roof repair/replacement 6. Maintenance of utility lines to the Property 7. Repair or replacement of electrical system due to aging of structure 8. Installation of any necessary and appropriate exterior site lighting in accordance with the site plan review approval 9. Utility bills Section 6. Conditions of Operation. The Property shall be used for agricultural education and museum functions in accordance with the provisions of this Agreement and the conditions imposed by the conditional use permit and site plan review approvals. (a) The hours of operation shall be during daylight hours, except for meetings or classes which may be held at night within the interior of the House. Other uses and times shall be approved in advance by the Agency in accordance with applicable Municipal Code requirements. (b) The first floor of the House shall be interpreted as a museum, including furnishings, historical items and/or displays appropriate to the historical period of the House and agricultural use of the surrounding area. Emphasis shall be on historical agricultural and farming techniques typical of the late 1800s, especially walnut orchards, as well as current techniques for organic farming, recycling, water conservation, sustainability and other environmentally responsible practices. Sufficient space shall be ensured for educational displays and classes. (c) The first floor of the House and the grounds immediately surrounding the House shall be used for agricultural education and similar programs consistent with the terms of this Lease. (d) The first floor of the House and the grounds immediately surrounding the House shall be open to the general public under supervision of trained docents on an average of at least two days per week with regular hours of operation to the maximum extent feasible, as detailed in the conditional use permit. The hours of operation shall be posted in a publicly visible location. (e) No nails, tacks or other sharp objects shall be placed in the walls, roof or ceiling of the House. No holes shall be drilled into the structure for any purpose. No 4 structural or other changes of any kind shall be made to the House unless prior written approval is obtained from the Agency. The floor shall be maintained in its original condition, with no permanent alterations; only temporary coverings (e.g., rugs) that do not need to be affixed to the floor are allowed. (f) Licensee shall obtain approval from Agency for distribution of keys, and shall provide Agency a list of key -holders. No unauthorized distribution of keys shall occur. (g) Licensee shall, at all times, keep the Agency's designated liaison, the Historic Preservation Manager, advised of the Licensee's current address and telephone number. (h) Licensee shall, at all times, ensure that the operation and use of the Property does not adversely affect the public health, safety and welfare. (i) Licensee shall submit a performance report on July 31, 2007 and January 31, 2008, and annually on January 31 thereafter, to the City Manager including the following: 1. Number of visitors receiving benefits from activities including tours, meetings, and classes; 2. The city of residence of citizens receiving benefits 3. Proof of the organization's continued nonprofit status; 4. Disclosure of all activities being conducted on the Property, including tours, meetings, and classes; 5. Description of maintenance of Property; and 6. Information on the total revenue received by the Lessee in conjunction with the operation of the Property under this Agreement during the reporting period and disclosure of the sources of that revenue. Section 7. Insurance. Licensee shall secure and maintain a policy with a minimum period of one year insuring Agency against public injury, liability, and damage in the sum of $1,000,000 for injury to any one person/any one occurrence, $500,000 property damage and $1,000,000 for injury to more than one person/any once occurrence. The Agency and its elected and appointed officials, and employees shall be named as additional insured. Licensee shall provide Agency with a Certificate of Insurance and Endorsement Form establishing that the required insurance coverage has been secured. The policy shall not terminate nor be canceled during the term of this Agreement. 0 • Section 8. Indemnification. Licensee shall indemnify and save harmless Agency, its elected and appointed officials, and employees from any and all damage and liability of every kind and nature which may arise as a result and consequence of Licensee's use of Property. Section 9. No Assignments. Licensee shall not assign this Agreement or any interest herein, or sublet the Property or any part thereof, or license the use of all or any portion of the Property or business conducted therein or thereon, or encumber or hypothecate this Agreement, without first obtaining the written consent of Agency. Any assignment, subletting, licensing, encumbering, or hypothecating of this Agreement without such prior written consent shall, at the option of the Agency, be subject to automatic termination of the Agreement by Agency. Nothing in this section is intended to prohibit the Licensee's partnership(s) with organizations and entities to fulfill the intended purposes of this Agreement as outlined herein, subject to approval from the City Manager and provided the Lessee's insurance coverage includes the partner organization(s) named as additional insured. Section 10. Time of the Essence. Time is of the essence of each and every provision, covenant, and condition herein contained and on the part of Lessee to be done and performed. Section 11. Default. (a) If Licensee defaults in the payment of the lease rate, or any additional applicable license payments, or defaults in the performance of any of the other covenants or conditions hereof, Agency may give Licensee notice of such default. If Licensee does not cure any such default within thirty (30) days, or such other time period as specified in the notice of default, after the giving of such notice, then Agency may terminate this Agreement on not less than ten (10) days' notice to Licensee. Within sixty (60) days of such termination, Licensee shall have surrendered the Property to Agency in accordance with the provisions of Section 13, and Licensee shall remain liable as hereinafter provided. If this Agreement shall have been so terminated by Agency, Agency may at any time thereafter resume possession of the Property by any lawful means and remove Licensee or other occupants and their furnishings and effects. (b) If Licensee breaches any provision of this Agreement, Agency may, on reasonable notice to Licensee (except that no notice need be given in case of emergency), cure such breach at the expense of Licensee. The reasonable amount of all expenses, including attorney's fees, incurred by Agency in so doing shall be deemed as additional recoverable damages by Agency. 0 0 0 (c) To the extent waiver is permitted by law, the parties waive trial by jury in any action or proceeding brought in connection with this Agreement. Section 12. Alternate Termination of Agreement. Notwithstanding the provisions of Section 1 herein, this Agreement may be terminated at will and without cause by either the Agency or Licensee, with sixty (60) days written notice. Within sixty (60) days of such notice, Licensee shall have surrendered the Property to Agency and ensured the return of displays, furnishings and effects within Property to their rightful owners or ensured secure storage of same. Property shall be returned to its condition as of the original execution date of this Agreement to the satisfaction of the Agency. Section 13. Notices. Any notice required to be given under this Agreement shall be in writing and shall be deemed to have been duly given and received if and when personally served, or forty-eight (48) hours after being deposited in the United States mail, first class, postage prepaid, addressed to the intended party at: Agency: City of San Juan Capistrano/Redevelopment Agency City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Any notice required to be sent to the Agency/City shall be addressed as noted above. Licensee: George Kibby San Juan Family Farm Museum 2268 E. Sandalwood Place Anaheim, CA 92806 7 0 0 Section 15. Attorneys' Fees. If either party commences action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the other party reasonable attorney's fees and costs of suit. Section 16. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties regarding the Property and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the Agency and Licensee have caused this Agreement to be executed on the date and year first written above. ATTEST: Meg Monahan, City Clerk APPROVED AS TO FORM: q 1�1- 5ohn R. S , City Attorney CITY OF SAN JUAN CAPISTRANO, A public body of corporate and politic By: David M. Swerdlin, Mayor LICENSEE: SAN JUAN FAMILY F RM MUSEUM By: George Kibby 0 0 Exhibit "A" Exhibit B (N) ADA Restroom - N' ©) BATH I � ® : o Public Museum ® 70 -- Space Public Museum Space `PORCHI Joel Congdon House, First Floor 11 Exhibit C Joel Congdon House, Second Floor No public access/use THE CITY OF .I 4", - ;p SAN JUAN CAPISTRANO 1 3 M l l ��� J111 !'o a'qt �lilJC�j�IO r mi zoo#.'; T, The ' j� The Congdon House 32701 Alipaz Street a —,v San Juan Capistrano +—` �o ryaF 0 3000 6000 9000 Feet / ATTACHMENT 2 Congdon House RFP A Proposal for Adaptive Reuse of the Congdon House SAN JUAN CAPISTRANO, CALIFORNIA Submitted by South Coast Farms October 1, 2004 ATTACHMENT 3 0 0 Proposal for Adaptive Reuse of the Congdon House In the spirit of Community, South Coast Farms presents a dynamic proposal preserving public access to the Congdon House and making this citizen -owned property a beautiful destination of which the City can be proud. Our proposal focuses on the issues of how to preserve the past while operating a small farm in the 21' century and making that small farm a truly historical landmark. This proposal is rooted in the goals set forth by the RFP issued by the City of San Juan Capistrano and in the intent of the current City Council and of previous City Councils to preserve, protect and showcase a commitment to the agrarian heritage and history of San Juan Capistrano. We consider this a chance to make the Congdon House and the farm a cohesive, safe, friendly, fun, educational and nostalgic destination. We look at the Congdon House as belonging to the people, as does the farm. We believe this plan is unique and creative. We also believe that by looking at the big picture, incorporating the Congdon House into the farm best serves the stated intentions of the RFP. Many challenges, such as handicap access, parking, commercial farm activities vs. community access, safety, drainage and how to survive as a small farm in the 21" century are addressed in this proposal. Given the RFP guidelines we submit this conceptual plan. Congdon House The Congdon House is to be furnished in period theme. The lower level is to be used as a Museum. This self guided Museum will highlight the agrarian roots of the Congdon House and farm. Interpretive displays, photos and descriptions will be used widely to enhance and inform the Museum visitor. The museum will be funded and operated by South Coast Farms. Many community members have expressed intense interest in helping us set this up and their help and knowledge will be appreciated and invaluable. Proposed hours of operation are Wednesday -Sunday 11:OOAM-5:00 PM. A docent will be on site during hours of operation to greet and help visitors to the Congdon House. These docents will be provided by as volunteers and/or paid staff of South Coast Farms. The upper level will be utilized as office space. We would like to offer the City of San Juan Capistrano these offices for use by Erin Gettis and the Historical Preservation Department. Here the City would be in touch with the Citizenry and have a great opportunity to interact with the public while simultaneously showcasing their commitment to preserving, protecting and providing access to San Juan Capistrano's colorful heritage and history. -1- 0 0 The Congdon House and the improved Community Areas would also be available for rent to interested parties. The specific allowed uses would be determined later but we see a great opportunity to rent these improved facilities for wedding showers, baby showers, service organizations meetings, photo shoots, storytelling, educational demonstrations, art classes, gardening classes, etc. Management of this aspect could be either by City or South Coast Farms and revenue sharing would be determined by agreement of the parties involved. Our intention is not to make money from the house but to enhance the existing farm business and make the Congdon House and the farm the most unique and beautiful operating small farm in the county, if not the entire Southern California area. We propose to expand our farming and retail operation to include growing and selling nursery plants, specializing in organically grown fruit and vegetable transplants, native plants, and plants from the turn of the century with an emphasis on heirloom roses. We would also sell organic fertilizers, soil amendments and plant care products for the homeowner looking for a non-toxic manner to care for his/her home garden. We estimate a 30-40 percent increase of daily visits to the farm and the Congdon House and our plan provides ample parking for any occasion. This plan separates the commercial zones from the community and historic zones providing function, safety and aesthetics. As it was in the beginning when Joel Congdon built this now historic structure, this plan is simple. Originally the Congdon House was part of the farm and with this plan we hope to keep it so for all of San Juan Capistrano to savor and enjoy. We have included three sets of drawings which define our stated goals and plans Grading Survey This survey shows the elevations and drainage of the property as it is today. We will use this plan in making improvements to provide drainage away from the house during rain episodes. Proposed Site Use Diagram This drawing clearly defines the uses of the entire non farmland property. We have divided this area into Retail, Commercial, Community, Historical and Parking zones. Retail Zone: Where we sell our fruits, vegetables, flowers, plants and associated products. Note the use of existing driveway/access areas for use as the display area of our retail nursery. A kiosk will be built for interpretive displays, information packages regarding the farm and Congdon House, public service postings and retail sales of nursery items -2- Commercial Zone: Where the operations of farming and retail take place, such as shipping/receiving and equipment storage and maintenance. Please note we propose a new commercial traffic ingress and egress. This will separate the commercial truck traffic from the day to day operations of the retail and historic zones. Community Zone: A newly created zone on land currently farmed by us. This zone is to be a historical orchard, children's play area, children's garden, community green space with picnic area and a small hay bale amphitheater. It will be bordered by a living screen of trees which will serve as shade, a windscreen and will pleasingly define the boundaries of the non farm land. It also serves the purpose of softening the transition from the Congdon House to the farmland and anchors the Congdon House as the center of attraction. This community zone is for public use as a picnic area and rest stop for pedestrians, bicyclists and visitors to the Congdon House and farm. The children's garden area is to be divided into plots, one for each of the public elementary schools in San Juan Capistrano. The historical orchard will showcase the different crops this area and farm has grown. Walnuts, citrus, olives, apples and grapes will be planted and give the visitor a glimpse into what did and does grow here in San Juan Capistrano. Historical Zone: This includes the Congdon House, Water Tower and existing outbuildings. As stated earlier, the Congdon House would be a Museum, City offices and available for rent. The Water Tower we would like to repair and repaint for use as an office upstairs and a restroom downstairs. We have located the sewer line nearby making this very feasible. We feel this is an affordable and convenient restroom location with ground level handicap access and ample room to meet ADA requisites. The outbuildings are currently being used by the farm as office space and for storage. We would continue to use these as such. We would install descriptions of the buildings detailing their history, the uses they have seen over the years and make all easily accessible as another glimpse into roots of our town. Emphasis throughout the Historical Zone is to provide a window into the agrarian past of San Juan Capistrano. Parking Zone: Ample parking, both paved and compacted decomposed granite, will be available and safely separated from truck traffic. Handicapped access both to the Retail and Historical zones and restrooms will be provided. Illustrative Master Plan This is and illustration of how the property will look and feel. It clearly defines the thought which went into our planning to make the Congdon House the focal point of a community owned farm. -3- 0 Conclusion 0 I would like to take this moment to thank the City of San Juan Capistrano for giving me the opportunity to both farm this property and submit an RFP. I have put my heart and soul into making South Coast Farms a Community farm and an asset to the City and will continue to do so regardless of the outcome of this RFP process. I look forward to taking this next step and cementing the visions of the citizens of San Juan Capistrano, previous City Councils and the current City Council. I hope we can take this step together! Sincerely, George Kibby South Coast Farms H 0 0 x 0 = v s b 0 0 South Coast Farms, Inc. 32701 Alipaz St. San jean Capistrano, CA 92675 Tel Nx:949-6619349 www.southcoastfarms.com Proposal for Congdon House Use South Coast Farms proposes to use the upstairs section of the Congdon House for offices. The main floor will be used for educational and community oriented programs. There are many ideas and opportunities we see for the Congdon House and we look forward to working with the City in deciding which programs to implement, Educational and community oriented programs will revolve around multiple aspects of local agricultural, natural and human communities. Our List of Programs Environmental and natural resource programs will include sustainability education which will address issues such as human and environmental interconnectedness. This program will address the importance of interconnectedness by: • Demonstrating how our lives affect the global human and natural community • Asking how can we live more in balance with the world around us? Sustainability lessons will be taught with experiential educational methods and will include: • Watershed and ecology focused projects and games • Recycled materials art class • Planting and harvesting exercises • Eating fresh organic foods The Congdon Farm House in conjunction with South Coast Farms will serve as a living example of sustainability through simple modifications; the Congdon home will demonstrate alternative living in Orange County by using: _ • Solar electricity • Greywater systems • Alternative fuels • Composting • Natural building materials. MAR 14 2006 PLAN" it, nt:DT ATTACHMENT 0 • Historical programs will include programs which explore the history of the land through the creation of the Congdon House Museum. The museum will include: • Historic photos • Artifacts of the past In addition the historical and community oriented programs will include an outdoor guided trail that winds through on-site points of interests, giving visitors an opportunity to team about: • Native food plants • Native medicinal plants and their uses, • Basic plant biology, • Plant identification • Fundamental plant and animal interactions. The Congdon House will also serves as a place for the San Juan Capistrano and Orange County community to gather. Programs through which community members can physically interact within the space of the Congdon House include: • Natural craft demonstrations • Whole foods cooking demonstrations • Gardening plots. In addition the Congdon House will dedicate space to: • Library • Lecture series • Art exhibits • General gathering space. • Weekday field trips for elementary schools • Musical events • Private parties It will be open to the public on a schedule to be determined. 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493-1053 FAx www.sanjuancapistrano.org use Jul mmnvonnllo • EST SHED 1961 1776 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAMALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on August 15, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement for the Joel Congdon House, 32701 Alipaz Street (San Juan Family Farm Museum) City Council Priority 16a" — Item No. D8. 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, August 14, 2006 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 Teri Delcamp, Historic Preservation Manager. You may contact that staff member at (949) 949-443- 6330 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. 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-agendas(a)sanivancaaistrano.org. Meg Monahan, CMC City Clerk cc: Keith and Montez Brewer*; Ed Carey*; Jessie Carlos*; Michelle Collins*; Mary Eidsvoid*; Bruce Emedck*; George Kibby*; Brian Klinker*; Susan Lane*; Sherry Larson*; Deanna Moore*; Esther Vela*; Kristine Weathers*; Molly Bogh, Planning Director; Teri Delcamp, Historic Preservation Manager * Received staff report San Juan Capistrano: Preserving the .Past to Enhance the Future 0 PrinteE on 100% Recycled Paper 32400 PASEO ADEL NTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sai?luancapistrano.org August 18, 2006 0 Jsee j� Ip[OABBAAIEB ESEAIusACC 196) 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN On August 15, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of License Agreement for the Joel Congdon House, 32701 Alipaz Street (San Juan Family Farm Museum) City Council Priority 16a" Item No. D8. The following action was taken at the meeting: License agreement with San Juan Family Farm Museum for the use of the Joel Congdon House for $680 per snnum, approved; and the Mayor authroized to execute the agreement The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Teri Delcamp, Historic. Preservation Manager at 949-443-6330 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Keith and Montez Brewer*; Ed Carey*; Jessie Carlos*; Michelle Collins*; Mary Eidsvoid*; Bruce Emerick*; George Kibby*; Brian Klinker*; Susan Lane*; Sherry Larson*; Deanna Moore*; Esther Vela*; Kristine Weathers*; Molly Bogh, Planning Director; Teri Delcamp, Historic Preservation Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 PrmW.n 100%Recycled Paper