03-0603_SUAREZ , AURA MARIA_License AgreementIr IN 9 0
LICENSE AGREEMENT
This License Agreement is entered into this�� y ofi1�2003, by
and between the City of San Juan Capistrano (hereinafter "City"), and Aura Maria
Suarez (hereinafter "Artist").
City and Artist hereby mutually agree as follows:
Section 1. License to Exhibit Work.
City hereby authorizes Artist to exhibit art works at City's Montanez Adobe
property ("the Adobe") under the terms and conditions set forth in this
agreement. This license right to exhibit work is personal and strictly limited to the
Artist alone.
No financial consideration is required from the Artist. The purpose of the
agreement is to enhance accessibility of the Adobe to the general public while at
the same time allowing Artist to benefit from the exposure of her work to the
public.
Section 2. Conditions Affecting Display of Work.
Retail sales by Artist on the Adobe grounds are prohibited. However,
Artist may distribute business cards and/or informational brochures to persons
indicating how they may contact Artist.
Artist is permitted to display handcrafted weaving and artwork,
representative products created by native people, or products created using
techniques developed by native people, or similar items. The display of
handcrafted weaving and artwork shall be limited to those items which, due to
their form, materials, and/or style, are complimentary to the historic character of
the Adobe. Artist shall prepare and maintain a descriptive brochure to educate
Adobe visitors about her handcrafted weaving and artwork.
Section 3. Display Hours.
Artist shall be permitted to display handcrafted weaving and artwork, as
defined herein, between the hours of 10:00 a.m. and 4:00 p.m., on Saturdays
and Sundays only.
Section 4. Indemnity.
In consideration of the grant of this license privilege to Artist from City,
Artist agrees to save and defend City, its elected and appointed officers, and
• i
employees, harmless from any and all claims, judgments, or actions of any
nature whatsoever, arising out of Artist's display activities under the terms of this
License Agreement.
Section 5. Termination.
This License Agreement is terminable at will without cause by either party
at any time.
Section 6. Entire Agreement.
This License Agreement contains the entire agreement and understanding
of the parties concerning the subject matter herein.
Section 7. Notices.
Any notices given under this agreement may be sent by first class mail,
postage prepaid, or by fax transmission as follows:
To City:
George Scarborough, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
To Artist:
Aura Maria Suarez
26574 Calle Santa Barbara
San Juan Capistrano, Ca. 92675
IN WITNESS WHEREOF, the parties have executed this agreement as of
the day and year first written above.
City of San J n apistrano
J n Mayor
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
Artist:
By. GG%i�� GAG
Aura Maria Suarez
Attest: /(
By:
rgaret Monahan, City Clerk
Approved to Form:
By: f
John R. Shaw, City Attorney
•
AGENDA ITEM
TO: George Scarborough, City Manager
6/312003
• D6
FROM: Douglas Dumhart, Principal Management Analyst
SUBJECT: Consideration of License Agreement with Aura Maria Suarez to Exhibit
Artwork at the Montanez Adobe.
RECOMMENDATION:
By Motion, approve the License Agreement with Aura Maria Suarez to exhibit artwork at
the Montanez Adobe
SUMMARY:
By request, dated November 22,2002 the City was asked for permission to display artwork
at the Montanez Adobe. The letter, prepared by Claudia Goodwin on behalf of Artist Aura
Maria Suarez, is provided as Attachment 1 to this report.
Ms. Suarez is an accomplished artist from Columbia and specializes in hand woven
handbags, scarves, masks and tapestries. She has requested the ability to display her
work on Saturdays and Sundays at the Montanez Adobe. She will not be selling any crafts.
On December 17, 2002, staff notified Cultural Heritage Commissioners of Ms. Suarez's
request by mail. No objections to the artist's request were received. The City Attorney
prepared a License Agreement to permit the art display at the Montanez Adobe. The
License Agreement is terminable atwill without cause at any time. Additionally, the License
Agreement indemnifies the City, sets the display hours from 10 a.m. to 4 p.m. on
Saturdays and Sundays only and restricts artwork to display only. The License Agreement
is provided as Attachment 3 to this report.
BOARD/COMMISSION REVIEW:
The Cultural Heritage Commission was notified of the request to display art at the
Montanez Adobe. No objections were brought forth to staffs attention.
FINANCIAL CONSIDERATIONS:
No financial consideration is being required from the artist. The art will be displayed on the
grounds of the Montanez Adobe, at artist handling. No expenses to the City are expected.
FOR CITY COUNCIL AGENDA$ir
6/3/03
Agenda Item
P.2
NOTIFICATION:
Claudia Goodwin
Aura Maria Suarez
Lori Porter
ALTERNATE ACTIONS:
June 3, 2003
1. By motion, approve the License Agreement with Aura Maria Suarez to exhibit
artwork at the Montanez Adobe.
2. By motion, approve the License Agreement with Aura Maria Suarez to exhibit
artwork at the Montanez Adobe subject to modifications.
3. By motion, deny request to display artwork at the Montanez Adobe
RECOMMENDATION:
By motion, approve the License Agreement with Aura Maria Suarez to exhibit artwork at
the Montanez Adobe.
Res ecttully submitte
Dougla umhar
Principal Management Analyst
Attachments: 1.
2.
3.
6/3/03
Letter dated November 22, 2002
Letter dated December 17, 2002
License Agreement
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ATTACHMENT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949)493-1053 (FAX)
wivlv.sanjuancapistrano. org
December 17, 2002
Dear Commissioner:
BU Bs H 1961
1776
MEMBERS OF THE CITY COUNM
DIANE U BATNGATE
COUFNE CAMPBELL
JOHN S. GEIFF
WAIT HART
DAVID M. SWERDUN
CITYMANAGER
GEORGESCARBOROUGH
The City Manager's office recently received a request from Claudia Goodwin, on behalf of
Aura Maria Saurez, requesting that the City grant Ms. Suarez permission to display her
handcrafted work at the Montanez Adobe on weekends.
Ms. Suarez, an accomplished artist originally from Colombia, specializes in hand woven
handbags, scarves, masks, and tapestries. She would only display her work on Saturdays
and Sundays at the adobe and would not sell any crafts. Those interested in possibly
purchasing items would be provided with her business card, but no transactions would take
place at the adobe.
We believe that nature of the handcrafts to be displayed would be complimentary to the
adobe and enhance visitors experience. However, before taking action on this request, we
wanted to solicit the informal input of the Commission members. We need to know of any
concerns and specifically, whether any Commission members would like to have this
request agendized for Commission review and recommendation.
Please call me at your earliest convenience at (949) 443-6334, or e-mail me at
b ar mseyCa�sanjuancapistrano.org to let me know your thoughts and preferences. I look
forward to hearing from you.
Sincerely,
William Ramsey, AICP
Principal Planner
WR:hs
cc: omas Tomlinson, Planning Director
ouglas Dumhart, Principal Management Analyst
ATTACHMENT
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San Juan Capistrano: Preserving the Past to Enhance the Future
s
32400 PASEO AoCLANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-10S3 (FAX)
1vrolv.sanjuancapistrano. org
i uuenum
Duman 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
JOHN S. GELFF
WYATT HART
JOESOTO
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on June 3, 2003 in the
City Council Chamber in City Hall, to consider: "Consideration of License
Agreement with Aura Maria Suarez to Exhibit Artwork at the Montanez Adobe" —
Item No. D6
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, June 2, 2003 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue 'Request to Speak'
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Douglas Dumhart,
Principal Management Analyst. You may contact that staff member at (949) 443-6316
with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.ora. 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-aaendasasanivancapistano.org.
CMC
Goodwin; Aura Maria Suarez; Lori Porter; Douglas Dumhart, Principal
Management Analyst
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
wivir. sanj uancapistrano. org
June 5, 2003
Aura Maria Suarez
26574 Calle Santa Barbara
San Juan Capistrano, CA 92675
Dear Mr. Suarz:
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• BIURBMI I 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
JOHNS.GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
On June 3, 2003 the City Council approved the enclosed License Agreement related to
exhibiting art at the Montanez Adobe.
Please coordinate the terms and use of this license with the project manager, Douglas
Dumhart, Principal Management Analyst (949) 443-6316.
Yours truly,
IA -
g Mon han, CMC
ity Cler
enclosed: Agreement
cc: Commissioner Lorie Porter
Claudia Goodwin
Douglas Dumhart, Principal Management Analyst
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San Juan Capistrano: Preserving the Past to Enhance the Future