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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 _ ii --2,2-b2 J_ d ag4(a &Aw&� clb Vk(&cenvL at A �da(�G s� IIV am re�,u n IOWiYjI�r acc:? sites W44n d suuta,�' Na d S►�a�1 �a�JGi{Y(r6 , � w o2G57y l //7�- __.- 1 i� G� --_-_ —._.LS tai 1�NV 610VL"l_a__1 LOv�I__2vtez Loa's Vl�lr k6jcf�-1,, _6s A5 l"[Vvsc� A,_ _N6 ��s _ jWC�V\j(v _1Y C�� auL c5 w�2�At�_ Lt +a6A iJety 5--r 1u�� Sk, L-)o\d tv_ - �o4o5,-_wlko1_W,r�r�_ .e _4t nu c c q. S(_A&—LL 5e �L�- k {ctafc �4 q Ute -D- SG3 t 15_ UfSatin_l -..J Vk�-SLS - (ac(J 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 DRU use Is AS 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: "A uuuenw • 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 MUG USE Is San Juan Capistrano: Preserving the Past to Enhance the Future