Loading...
00-0606_SOUTH COAST FARMS_Action Reminder 0 0 CITY CLERK'S DEPARTMENT-ACTION REMINDER TO: Joe Mankawich, Associate Engineer FROM: Mitzi Ortiz, Deputy City Clerk DATE: March 1, 2004 SITUATION: At their meeting of June 15, 1999, the City Council of the City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency Board of Directors both took \ ,� action to approve a Lease Agreement with South Coast Farms. 1 b-k Q� �g ACTION REQUESTED: �i Q0`' ` D lD Re: Cogdon - Section 1(b) of agreeme es "With regards to the Congdon House structure and accompanying Ian cribed in Section 4, the lease term shall be for that period of time it takes Le o complete the Cogdon House restoration work, but in any event not longer th a (5) years." Sectio vi) states references July 1, 2004 as date Lessee must obtain �Notitice of pletion for all outbuildings and grounds from Agency. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03101/04 Deadline Date: 07/01/04 cc: Department Head 000.20 (600.40/000.%BWsouth coast) 3/ is /oy LEASE AGREEMENT This Lease Agreement is made this 6thday of June, 2000 (the "Agreement") by and between the City of San Juan Capistrano, a public body, corporate and politic, and the San Juan Capistrano Community Redevelopment Agency, a public body, corporate and politic (known jointly hereinafter as the "Agency"), and South Coast Farms (hereinafter"Lessee"). 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 WHEREAS, Lessee desires to conduct farming operations on the property; and WHEREAS, Lessee has farming expertise and experience and desires to manage the maintenance and operations of all agricultural activities on the property, NOW, THEREFORE, Agency and Licensee do hereby mutually agree as follows: Section 1. Grant of Lease/Term. (a) Grant of Lease. Agency hereby grants to Lessee a lease to manage, maintain, and operate a fruit and vegetable farm on certain property located in the City of San Juan Capistrano, California, as depicted on the site plan attached hereto as Exhibit "A", and incorporated herein by reference (hereinafter referred to as the "Premises" or alternatively the "Property"). Lessee shall provide the expertise, supervision and management over the farm operations, and Lessee shall own all crops produced on the Premises. . (b) Term. The term of this Agreement with regard to the land, excluding the Congdon House area, shall be for a period of ten (10) years. (c) Congdon House. The Congdon House and it's land area are excluded from this lease. City retains the House, it's land area, and access as depicted on Exhibit A, attached hereto. City therefore reserves the right to access the Congdon Property as shown on Exhibit A at any time for the purposes of renovation, maintenance, general use, display, or the conducting of events and visitations by the public. Section 2. Lease Rate. (a) Agency shall receive from Lessee a lease rate of$50,000.00 annually, to be paid on a quarterly basis to Agency for the first full five years of the Lease term. (b) At the end of the fifth year of the lease term, the lease rate shall be renegotiated between Agency and Lessee with the intent being that the agreed upon lease rate shall match the market rate for similarly situated properties. In no case shall the lease rate be reduced as a result of the lease rate negotiations. (c) In the event that the parties cannot come to agreement within 45 days of commencement of lease rate negotiations, either party may call for a binding arbitration process wherein each side selects an arbitrator and a third arbitration panel member is then chosen by the two selected arbitrators. The three-person panel shall then conduct an informal hearing to receive evidence and argument regarding the appropriate lease rate. The panel shall render a final and binding decision within 30 days of convening the panel. Section 3. Nature of Uses Permitted Under the Agreement. (a) Operation of Farm. Lessee shall be responsible for the supervision and management of every aspect of running a fruit and vegetable farming operation for human consumption on the Property in a business like manner. The existing retail stand may be utilized by Lessee for fruit and vegetable retail sales only. Any expansion, regardless of size or scope, is not permitted under this lease unless Agency written approval is first obtained. Such supervision and management shall include, but not be limited to: (i) the employment, supervision and direction of all employees engaged in the farming operation; (ii) providing for the maintenance of all equipment and supervising its use in a safe and prudent manner; (iii) soil preparation, planting, fertilizing, irrigating, pesticide and herbicide applications, and the harvesting of all crops; (iv) the marketing and sale of crops, (v) maintenance of records and accounting for all revenues and expenditures, including employee payroll and related records; (vi) the purchasing of all seeds, plants, fertilizers, herbicides, pesticides, and other materials and supplies, such as boxes and packaging materials, required for marketing and sale of the crops, (vii) management and maintenance of all on-site improvements, including temporary housing, for Licensee's employees. Lessee warrants that all services will be performed in a competent and satisfactory manner, consistent with the standards of the industry and in accordance with applicable Federal, State and local regulations. (b) Maintenance of Premises and Equipment. Lessee agrees to accept the Premises and equipment in present condition on the date of execution of this Agreement. Specified buildings and farm equipment shall be provided to Lessee by Agency, for Lessee's use in farming operations. Lessee shall maintain, at Lessee's expense, the Property, including all existing structures and all equipment owned and furnished by Lessee that is used in farming operations, in a reasonable state of repair and working order. All other equipment to be used in farming operations shall be furnished by Lessee. Equipment owned and furnished by Lessee shall not be removed from the Property without the consent of Lessee, except for temporary repairs, after which it shall be immediately returned. Lessee and the authorized representatives of Lessee shall inspect all equipment within sixty (60) days of execution of this Agreement and mutually agree upon the condition of the equipment. (c) Marketing and Sale of Crops. Lessee shall be responsible for the marketing and sale of crops produced on the Property. Crops will be sold retail at the cash stand located on the Property and to commercial produce wholesalers and distributors. Lessee shall provide a schedule to Agency of proposed days and hours of operation of the on-site retail location. (d) Condition of Property. Lessee accepts the Property in its present condition upon execution of this Agreement. Agency makes no warranty of the suitability of the Property for growing crops. Lessee agrees, at Lessee's expense, to use reasonable care to control all weeds, noxious or otherwise, growing on the Property, including those growing in drainage ditches. Lessee shall furnish all labor and materials required to eliminate and otherwise reasonably control all rodents, insects and other pests on the property. Lessee agrees to farm the property in a manner reasonably calculated to protect the soil and maintain the fertility through the use of fertilizers and chemicals in accordance with good farming practices as generally followed and recognized in Orange County, California. Lessee agrees, at Lessee's expense, to keep fences, ditches and borders of the Property in good condition and repair at all times, reasonable wear and tear excepted. The duly authorized representative of Lessee may enter upon the Property and all buildings thereon, or any portion thereof, at a reasonable time for the purposes of inspection. Section 6. No Assignments. Lessee shall not assign this Lease or any interest herein, or sublet the Premises or any part thereof, or license the use of all or any portion of the Premises or business conducted therein or thereon, or encumber or hypothecate this Lease, without first obtaining the written consent of Agency. Any assignment, subletting, licensing, encumbering, or hypothecating of this Lease without such prior written consent shall, at the option of Agency, be subject to automatic termination of the Lease by Agency. Section 7. Water An existing water well and backbone irrigation system is available to the Lessee for irrigation uses. The Lessee will be required to pay for water and any costs required to keep the irrigation system operational. The Agency is responsible for the well maintenance. In event of well closure the Agency will be required to provide another source of water. In this event, the Agency will not be obligated to pay for differences in water rate costs. Lessee agrees to work cooperatively with Agency to coordinate watering schedules between the Property and the City Sports Park. Water costs for the City Sports Park will be the responsibility of Agency. Section S. Utilities. Lessee is fully and solely responsible for providing any utility service required for the farm maintenance, and operation. Section 9. Community Gardens Lessee will be responsible for rodent, weed and pest control and provide professional input for the nearby Community Gardens. Management of the Community Gardens will remain under the City of San Juan Capistrano Community Services Department. 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 Lessee defaults in the payment of the lease rate, or any additional applicable lease payments, or defaults in the performance of any of the other covenants or conditions hereof, Agency may give Lessee notice of such default and if lessee does not cure any such default within three (3) days, or such other time period as specified in the notice of default, after the giving of such notice, then Agency may terminate this lease on not less than ten (10) days' notice to lessee. On the date specified in such notice the term of this lease shall terminate, and lessee shall then quit and surrender the premises to Agency, but lessee shall remain liable as hereinafter provided. If this lease shall have (e) Residential Use of Property. Lessee agrees that no persons or employees will be allowed to reside upon the Property except for: i) the use of existing temporary farm labor residences during irrigation periods only, or ii) as otherwise provided for in this Agreement. Lessee shall obtain all necessary licenses, permits and approvals, and shall abide by all state, local and national laws for such temporary residential use. (f)Use of Herbicides/Pesticides. Lessee shall be responsible for the safe application of herbicides and pesticides as the premises is in close proximity of residential, park and school locations. Agency desires that the farm be managed as an organic farm. However, the parties agree and understand that for the farm to operate competitively in the market place, use of these substances may at times be necessary. These substances shall not, however, be applied when wind speeds exceed ten (10) miles per hour. Aerial spraying is prohibited. (g)Control of weeds, Insects, Rodents. Lessee shall make the premises free of weeds, insects, and rodents. Lessee is responsible for taking appropriate measures to prevent rodents and insects from migrating from the premises to surrounding properties. Section 4 Insurance and Indemnity. (a) Insurance. Lessee shall maintain comprehensive general liability, property damage, and fire insurance with a reputable insurance company in amounts of not less than $1,000,000.00 combined single limit, or other format acceptable to the Office of the City Attorney. (b) Indemnity. Lessee shall defend, indemnify and hold harmless Agency, and its respective officers, employees and agents, and the City of San Juan Capistrano, its elected and appointed officials, and employees from and against any and all actions, claims, demands, losses, costs, expenses, including legal costs and attorneys fees, for death or injury to persons or damage to the Property, or for the pollution thereof and cleanup costs, arising out of or related to Lessee's performance under this Agreement, except to the extent of such loss as may be caused by Licensor's own negligence, including that of their respective officers and employees. Agency shall not be held accountable for any preexisting soil contamination including those identified in the report dated January 28, 1990, prepared by Chem Risk, and the report dated December 18, 1990, prepared by South Coast Geological Services, Inc. Section 5. Access to Premises ByAgency. Agency reserves the right to access the premises at any time to conduct any desired inspection of any aspect of the farm operation. • • been so terminated by Agency, Agency may at any time thereafter resume possession of the premises by any lawful means and remove lessee or other occupants and their effects. (b) If Lessee breaches any covenant or condition of this lease, Agency may, on reasonable notice to Lessee (except that no notice need be given in case of emergency), cure such breach at the expense of Lessee. The reasonable amount of all expenses, including attorney's fees, incurred by Agency in so doing shall be deemed additional rent payable on demand, or otherwise subtracted from the security deposit, at Agency's election. (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 lease or the premises. Section 12. Termination Due to Bankruptcy or Insolvency. In the event proceedings in bankruptcy are commenced by Lessee, or Lessee is found to be in a state of insolvency, then in such event, Agency shall have the right to terminate this Agreement and all further rights and obligations thereunder, by 10 days' notice in writing to Lessee, in which event, on the expiration of the 10 days from mailing of the notice, this Lease shall automatically terminate. 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. 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. Lessee: George Kibby South Coast Farms 2268 E. Sandalwood Place Anaheim, CA 92806 Section 14. Attorneys' Fees. If either party commences an 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 15. Leasehold Taxes. To the extent that the County of Orange believes any leasehold taxes are due on this lease, Lessee shall be responsible for said taxes. Section 16. Surrender of Premises. Lessee shall, at the termination of this Lease, vacate the Premises in as good condition as they are in at the time of entry thereon by Lessee. Upon vacating, Lessee shall leave the Premises free and clear of all rubbish and debris. Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the Licensor and Licensee have caused this Agreement to be executed on the date and year first written above. CITY OF SAN JUAN CAPISTRANO, apubf body corporate politic By: Ilene pbell, ayor AT ST: Cheryl Johnso City erk APPROVED AS TO FORM: John R. Shaw, ty ttorney SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body corporate d politic By. c " David M. Swer lin, airman Crryl JSTohnso Agen Secretary APPROVED AS FORM: John R. Shaw, gency Counsel SOUT OAST F IS 114 lop By: George Ki by 3/3�0� Exhibit A _ EXHIBIT A (SITE PLAN) LEGEND A. Agricultural Preserve Al Fat. en MarheNProduce Storage A2 Roadside Produce Stand w/Parldng A3 Internal Farm Roads A4 Equipment/Machinery Storage AS Farm Labor Residence A6 Agriculture to Remain R. Historical Preservation Ri Joel Congdon Residence B2 Historical Farm Equipment Display Area F 1 w I w A A6 1 A3 N 1 INC 1 r Q EIBI A4 1 UM B Al _ B2 CAiMINO DEL AVION LEASE AGREEMENT C This Lease Agreement is made this/5141day of June, 1999 (the "Agreement") by U and between the City of San Juan Capistrano, a public body, corporate and politic, and the San Juan Capistrano Community Redevelopment Agency, a public body, corporate and politic (known jointly hereinafter as the "Agency"), and South Coast Farms (hereinafter"Lessee"). 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 WHEREAS, Lessee desires to conduct farming operations on the property; and WHEREAS, Lessee has farming expertise and experience and desires to manage the maintenance and operations of all agricultural activities on the property; NOW, THEREFORE, Agency and Licensee do hereby mutually agree as follows: Section 1. Grant of Lease/Term. (a) Grant of Lease. Agency hereby grants to Lessee a lease to manage, maintain, and operate a fruit and vegetable farm on certain property located in the City of San Juan Capistrano, California, as depicted on the site plan attached hereto as Exhibit "A", and incorporated herein by reference (hereinafter referred to as the "Premises" or alternatively the "Property"). Lessee shall provide the expertise, supervision and management over the farm operations, and Lessee shall own all crops produced on the Premises. . (b) Term. The term of this Agreement with regard to the land, excluding the Congdon House area, shall be for a period often(10) years. With regard to the Congdon House structure and accompanying land described in Section 4, the lease term shall be for that period of time it takes Lessee to complete the Congdon House restoration work, but in any event not longer than five(5) years. When the Congdon House restoration work is completed the Agency will propose a new lease to Lessee for the Congdon House. Lessee shall have 30 days to determine whether to enter into said lease with Agency. If Lessee determines not to enter into the lease, then the Agency will take possession of the Congdon House. Section 2. Lease Rate. (a) Agency shall receive from Lessee a lease rate of$50,000.00 annually, to be paid on a quarterly basis to Agency for the first full five years of the Lease term. (b) At the end of the fifth year of the lease term, the lease rate shall be renegotiated between Agency and Lessee with the intent being that the agreed upon lease rate shall match the market rate for similarly situated properties. In no case shall the lease rate be reduced as a result of the lease rate negotiations. (c) In the event that the parties cannot come to agreement within 45 days of commencement of lease rate negotiations, either party may call for a binding arbitration process wherein each side selects an arbitrator and a third arbitration panel member is then chosen by the two selected arbitrators. The three-person panel shall then conduct an informal hearing to receive evidence and argument regarding the appropriate lease rate. The panel shall render a final and binding decision within 30 days of convening the panel. Section 3. Nature of Uses Permitted Under the Agreement. (a) Operation of Farm. Lessee shall be responsible for the supervision and management of every aspect of running a fruit and vegetable farming operation for human consumption on the Property in a business like manner. The existing retail stand may be utilized by Lessee for fiuit and vegetable retail sales only. Any expansion, regardless of size or scope, is not permitted under this lease unless Agency written approval is first obtained. Such supervision and management shall include, but not be limited to: (i) the employment, supervision and direction of all employees engaged in the farming operation; (ii) providing for the maintenance of all equipment and supervising its use in a safe and prudent manner; (iii) soil preparation, planting, fertilizing, irrigating, pesticide and herbicide applications, and the harvesting of all crops; (iv) the marketing and sale of crops; (v) maintenance of records and accounting for all revenues and expenditures, including employee payroll and related records; (vi) the purchasing of all seeds, plants, fertilizers, herbicides, pesticides, and other materials and supplies, such as boxes and packaging materials, required for marketing and sale of the crops; (vii) management and maintenance of all on-site improvements, including temporary housing, for Licensee's employees. Lessee warrants that all services will be performed in a competent and satisfactory manner, consistent with the standards of the industry and in accordance with applicable Federal, State and local regulations. (b) Maintenance of Premises and Equipment. Lessee agrees to accept the Premises and equipment in present condition on the date of execution of this Agreement. Specified buildings and farm equipment shall be provided to Lessee by Agency, for Lessee's use in farming operations. Lessee shall maintain, at Lessee's expense, the Property, including all existing structures and all equipment owned and furnished by Lessee that is used in farming operations, in a reasonable state of repair and working order. With respect to the Congdon House, Lessee shall restore and maintain this structure under the terms and conditions set forth in Section 4 of this Agreement. All other equipment to be used in farming operations shall be furnished by Lessee. Equipment owned and furnished by Lessee shall not be removed from the Property without the consent of Lessee, except for temporary repairs, after which it shall be immediately returned. Lessee and the authorized representatives of Lessee shall inspect all equipment within sixty (60) days of execution of this Agreement and mutually agree upon the condition of the equipment. (c) Marketing and Sale of Crops. Lessee shall be responsible for the marketing and sale of crops produced on the Property. Crops will be sold retail at the cash stand located on the Property and to commercial produce wholesalers and distributors. Lessee shall provide a schedule to Agency of proposed days and hours of operation of the on-site retail location. (d) Condition of Property. Lessee accepts the Property in its present condition upon execution of this Agreement. Agency makes no warranty of the suitability of the Property for growing crops. Lessee agrees, at Lessee's expense, to use reasonable care to control all weeds, noxious or otherwise, growing on the Property, including those growing in drainage ditches. Lessee shall furnish all labor and materials required to eliminate and otherwise reasonably control all rodents, insects and other pests on the property. Lessee agrees to farm the property in a manner reasonably calculated to protect the soil and maintain the fertility through the use of fertilizers and chemicals in accordance with good farming practices as generally followed and recognized in Orange County, California. Lessee agrees, at Lessee's expense, to keep fences, ditches and borders of the Property in good condition and repair at all times, reasonable wear and tear excepted. The duly authorized representative of Lessee may enter upon the Property and all buildings thereon, or any portion thereof, at a reasonable time for the purposes of inspection. (e) Residential Use of Property. Lessee agrees that no persons or employees will be allowed to reside upon the Property except for: i) the use of existing temporary farm labor residences during irrigation periods only, or ii) as otherwise provided for in this Agreement. Lessee shall obtain all necessary licenses, permits and approvals, and shall abide by all state, local and national laws for such temporary residential use. (f)Use of Herbicides/Pesticides. Lessee shall be responsible for the safe application of herbicides and pesticides as the premises is in close proximity of residential, park and school locations. Agency desires that the farm be managed as an organic farm. However, the parties agree and understand that for the farm to operate competitively in the market place, use of these substances may at times be necessary. These substances shall not, however, be applied when wind speeds exceed ten (10) miles per hour. Aerial spraying is prohibited. (g)Control of weeds, Insects, Rodents. Lessee shall make the premises free of weeds, insects, and rodents. Lessee is responsible for taking appropriate measures to prevent rodents and insects from migrating from the premises to surrounding properties. Section 4. Restoration of the Congdon House. (a) Restoration Obligation. Lessee agrees to restore the Congdon in full conformance with a Scope of Work (the "plans and specifications") to be prepared by a registered Architect, approved by Agency. Structural plans must be prepared by a structural engineer, also approved by Agency. The restoration work shall be in compliance with all applicable City of San Juan Capistrano and State building code requirements. Costs of the restoration work shall be shared as set forth in subsection (c) below. (b) Time frame. Lessee shall complete all of the restoration work by not later that 5 years from date of execution of this Agreement, except, that, after reviewing the cost estimates for the proposed renovations, either party may, at their discretion, determine that it is unable to proceed based upon these costs. In addition, the following schedule of performance shall be completed by Lessee: (i) August 1, 1999: Lessee has signed a contract with the Architect. (ii) January 1, 2000: Lessee has submitted plans and cost estimates to Agency for Plan Check. (iii) March 1, 2000: Lessee and Agency to have reviewed cost estimates and have evaluated commitment to continue with the lease agreement or not. (iv) January 1, 2001: Lessee commences building/restoration construction. (v) July 1, 2003: Lessee has obtained a certificate of occupancy for the Congdon House from Agency. (vi)July 1, 2004: Lessee has obtained a Notice of Completion for all outbuildings and grounds from Agency. (c) Agency's Co-Financial Commitment to Restoration Work. Agency agrees to financially participate in the restoration of the Congdon House by pledging lease income, owing from Lessee to Agency, toward the restoration effort. The amount to be pledged shall be based upon cost estimates prepared from Lessee's approved plans, and shall be determined prior to commencing construction, as documented previously in paragraph b of this section of the lease agreement. Agency shall defer rent as payment to Lessee as the work progresses providing Agency has certified that the work is consistent with the plans and specifications for the project. Rent shall not be deferred if work has not progressed. Section 5 Insurance and Indemnitv. (a) Insurance. Lessee shall maintain comprehensive general liability, property damage, and fire insurance with a reputable insurance company in amounts of not less than $1,000,000.00 combined single limit, or other format acceptable to the Office of the City Attorney. (b) Indemnity. Lessee shall defend, indemnify and hold harmless Agency, and its respective officers, employees and agents, and the City of San Juan Capistrano, its elected and appointed officials, and employees from and against any and all actions, claims, demands, losses, costs, expenses, including legal costs and attorneys fees, for death or injury to persons or damage to the Property, or for the pollution thereof and cleanup costs, arising out of or related to Lessee's performance under this Agreement, except to the extent of such loss as may be caused by Licensor's own negligence, including that of their respective officers and employees. Agency shall not be held accountable for any preexisting soil contamination including those identified in the report dated January 28, 1990, prepared by Chem Risk, and the report dated December 18, 1990, prepared by South Coast Geological Services, Inc. Section 6. Access to Premises By Agency. Agency reserves the right to access the premises at any time to conduct any desired inspection of any aspect of the farm operation or Congdon house premises. Section 7. No Assignments. Lessee shall not assign this Lease or any interest herein, or sublet the Premises or any part thereof, or license the use of all or any portion of the Premises or business conducted therein or thereon, or encumber or hypothecate this Lease, without first obtaining the written consent of Agency. Any assignment, subletting, licensing, encumbering, or hypothecating of this Lease without such prior written consent shall, at the option of Agency, be subject to automatic termination of the Lease by Agency. Section 8. Surety Bond As to Performance of Congdon House Restoration Lessee shall post a surety bond in the amount of$250,000, with a surety company and in a form acceptable to the Office of the City Attorney, to insure completion of the Congdon House restoration work. Section 9. Water An existing water well and backbone irrigation system is available to the Lessee for irrigation uses. The Lessee will be required to pay for water and any costs required to keep the irrigation system operational. The Agency is responsible for the well maintenance. In event of well closure the Agency will be required to provide another source of water. In this event, the Agency will not be obligated to pay for differences in water rate costs. Lessee agrees to work cooperatively with Agency to coordinate watering schedules between the Property and the City Sports Park. Water costs for the City Sports Park will be the responsibility of Agency. Section 10. Utilities. Lessee is fully and solely responsible for providing any utility service required for the farm operation and Congdon House restoration, maintenance, and operation. Section 11. Community.Gardens Lessee will be responsible for rodent, weed and pest control and provide professional input for the nearby Community Gardens. Management of the Community Gardens will remain under the City of San Juan Capistrano Community Services Department. Section 12. 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 13. Default. (a) If Lessee defaults in the payment of the lease rate, or any additional applicable lease payments, or defaults in the performance of any of the other covenants or conditions hereof, including but not limited to the Congdon House restoration scope of work, Agency may give Lessee notice of such default and if lessee does not cure any such default within three (3) days, or such other time period as specified in the notice of default, after the giving of such notice, then Agency may terminate this lease on not less than ten (10) days' notice to lessee. On the date specified in such notice the term of this lease shall terminate, and lessee shall then quit and surrender the premises to Agency, but lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Agency, Agency may at any time thereafter resume possession of the premises by any lawful means and remove lessee or other occupants and their effects. (b) If Lessee breaches any covenant or condition of this lease, Agency may, on reasonable notice to Lessee (except that no notice need be given in case of emergency), cure such breach at the expense of Lessee. The reasonable amount of all expenses, including attorney's fees, incurred by Agency in so doing shall be deemed additional rent payable on demand, or otherwise subtracted from the security deposit, at Agency's election. (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 lease or the premises. Section 14, Termination Due to Bankruptcy or Insolvency. In the event proceedings in bankruptcy are commenced by Lessee, or Lessee is found to be in a state of insolvency, then in such event, Agency shall have the right to terminate this Agreement and all further rights and obligations thereunder, by 10 days' notice in writing to Lessee, in which event, on the expiration of the 10 days from mailing of the notice, this Lease shall automatically terminate. Section 15, 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: 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. Lessee: George Kibby South Coast Farms 2268 E. Sandalwood Place Anaheim, CA 92806 Section 16. Attorneys' Fees. If either parry commences an 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 17. Leasehold Taxes. To the extent that the County of Orange believes any leasehold taxes are due on this lease, Lessee shall be responsible for said taxes. Section 18. Surrender of Premises. Lessee shall, at the termination of this Lease, vacate the Premises in as good condition as they are in at the time of entry thereon by Lessee. Upon vacating, Lessee shall leave the Premises free and clear of all rubbish and debris. Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof IN WITNESS WHEREOF, the Licensor and Licensee have caused this Agreement to be executed on the date and year first written above. CITY OF SAN JUAN CAPISTRANO, a public body co or a d po is By: utum Jo Greiner, Mayor ATTEST: Cheryl Johns4 Ci Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic By: Wya Hart, Chairman AT EST. Cheryl John , Agdncy Secretary APPROVED AS TO F John R. 4aw, Agency Counsel SOUTH COAST FAS By:_ George Kibby EXHIBIT A (SITE PLAN) LEGEND A. Agnculntnl Prrserve At Farman Marken Produce Storage A2 Roadside Pmduce Stand wtParking A3 litmtnal Farm Roads Al Eguipment/Machincry Storage AS Farm Labor Residence A6 Agncuimu to Remain 6 Hutoncal Prtservenoo 61 ]oei C.mgaon demdencc S] Humncai Farm Eouipment Dispiav Arta I I I f I A6 � 1I II I I � li - i 1 = 1. BI JMA3 B / Al s: ISI li CANIINO DEL AVIAN CERTIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MARCH 23, 2004 GROUP: POLICY NUMBER: 1615214-2004 CERTIFICATE ID: 1 CERTIFICATE EXPIRES: 02-01-2005 02-01-2004/02-01-2005 CITY OF SAN JUAN CAPISTRANO AND SAN JUAN CAPISTRANO COMM. REDEVELOPMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions,of such policies. 1.011 AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1, 000,000 PER OCCURRENCE EMPLOYER SOUTH COAST FARMS, INC. 32701 ALIPAZ ST SAN JUAN CAPO CA 92675 SCIF 10262E fEPF-UI:B71 • Json • MEMBERS OF THE CITY COUNCIL DIANEL.BATHGATE JOHN S.GELFF WYATTHART 32400 PASEO ADELANTO '�L� JOESOTO SAN JUAN CAPISTRANO, CA 92675 BBIrot80 DAVID M.SWERDLIN (949) 493-1171 111 1961 (949) 493-1053 (FAX) • V76 INTERIM CITY MANAGER wlvlv.sanjuancapistrano.org • PAMELAGISSON t jJ�l. 13 4 lY i� 111 }\• January 6, 2004 J South Coast Farms 1 k Attn: Mr. George Kibby 2267 Sandlewood Anaheim, CA 92806 RE: Compliance with Insurance Requirements - tease Agreement The following insurance document is due to expire: ✓ Workers Compensation Certificate 02/01/2004 ✓ Other Information Please list he City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency as certificate holders Please submit updat d documentation to the City of San Juan Capistrano, attention City Clerk's office, 3240 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above exp' do d te. f y u have any questions, please contact me at (949) 443-6309. n I Gue ara Secretary cc: Michelle Perea, Administrative Assistant Jack Galaviz, Public Works Manager San Juan Capistrano: Preserving the Past to Enhance the Future • (vi) the purchasing of all seeds, plants, fertilizers, herbicides, pesticides, and other materials and supplies, such as boxes and packaging materials, required for marketing and sale of the crops; (vii) management and maintenance of all on-site improvements, including temporary housing, for Licensee's employees. Lessee warrants that all services will be performed in a competent and satisfactory manner, consistent with the standards of the industry and in accordance with applicable Federal, State and local regulations. (b) Maintenance of Premises and Equipment. Lessee agrees to accept the Premises and equipment in present condition on the date of execution of this Agreement. Specified buildings and farm equipment shall be provided to Lessee by Agency, for Lessee's use in farming operations. Lessee shall maintain, at Lessee's expense, the Property, including all existing structures and all equipment owned and furnished by Lessee that is used in farming operations, in a reasonable state of repair and working order. With respect to the Congdon House, Lessee shall restore and maintain this structure under the terms and conditions set forth in Section 4 of this Agreement. All other equipment to be used in farming operations shall be furnished by Lessee. Equipment owned and furnished by Lessee shall not be removed from the Property without the consent of Lessee, except for temporary repairs, after which it shall be immediately returned. Lessee and the authorized representatives of Lessee shall inspect all equipment within sixty (60) days of execution of this Agreement and mutually agree upon the condition of the equipment. (c) Marketing and Sale of Crops. Lessee shall be responsible for the marketing and sale of crops produced on the Property. Crops will be sold retail at the cash stand located on the Property and to commercial produce wholesalers and distributors. Lessee shall provide a schedule to Agency of proposed days and hours of operation of the on-site retail location. (d) Condition of Property. Lessee accepts the Property in its present condition upon execution of this Agreement. Agency makes no warranty of the suitability of the Property for growing crops. Lessee agrees, at Lessee's expense, to use reasonable care to control all weeds, noxious or otherwise, growing on the Property, including those growing in drainage ditches. Lessee shall furnish all labor and materials required to eliminate and otherwise reasonably control all rodents, insects and other pests on the property. Lessee agrees to farm the property in a manner reasonably calculated to protect the soil and maintain the fertility through the use of fertilizers and chemicals in accordance with good farming practices as generally followed and recognized in Orange EMPLOYER SOUTH COAST FARMS, INC. 32701 ALIPAZ ST SAN JUAN CAPO CA 92675 SCIF 70202E rEPF-UI:B71 t AOORD CERTIFICA OF LIABILITY INSURA SOUTH-OPID 3 07 02 J DATE /02/YY3 � 03 PRODUCER THIS GERI IFICAT S ISSUFU AS A MATTER OF INFORMATIO ISU Willingham Ins. Svcs. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OC13465 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2469 Pomona Road #101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Corona CA 92880-6983 Phone: 909-278-1388 Faxz909-278-0664 INSURERS AFFORDING COVERAGE NAIC III INSURED INSURERA: Nationwide Mutual Ins Co youth INSURER B. GeorgCoast Farms Inc. INSURER C. Geor3e Ribby 32701 Ali az Street INSURER D' San Juan Capistrano CA 92675 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 717 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE N DATE MMIDDTYY) DATE(MM/DDIYY LIMITS GENERAL LIABILITY EACH OCCURREMERCIAL GENERAL LIABILITY PREMISES(Eaowurenca) $ 50000 CLAIMS MADE ❑ OCCUR MED EXP fAny ane parson) IS 1000 A ;X Agri Llabiiity FPX FMP 7820699402 06/25/03 06/25104 fPERSONALSACVNVaLr5- SIQ00000 GENERALAGGREGATE $2000000 Dell AGGREGATE LIMIT APPLIES PER: PRODUCTS-C'MP"'AGG $ 1000000 POLICY 7 j� X I LOC AUTOMOBILE I-MBILITV COMBINED SINGLE LIMIT f 500000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY A X SCHEDULED AUTOS PPR BA 7820699402 06/25/03 06/25/04 P.Personl $ HIRED AUTOS SMLY INJURY NON-OWNED AUTOS (Per awitlenq PROPERTY DAMAGE $ (Per apoidenp GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO EA ACC $ OTHER THAN AUTOONLY'. PGG f EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ E DEDUCTIBLE $ RETENTION $ § WORKERS COMPENSATION AND - EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1$ OFFICEWMEMSE,R EXCLAUGED- ! EL.DISEASE-EA EMPLOYE $ If ae,deottdb under S�ECIAL PROVISIONS Wow E.L.DISEASE-POLICY LIMITE OTHER A Auto Physical FPR BA 7820699402 06/25/03 06/25/04 Comp 500 Ded Dema a gallin 500 Dad DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROWSIONS *CANCELLATION - EXCEPT 10 DAYS NOTICE FOR NON PAYMENT OF PREMIUM. CITY OF SAN JUAN CAPISTRANO IS NAMED AS ADDITIONAL INSURED REGARDING 28 ACRES OF FARM LAND LOCATED AT 32701 ALIPAZ STREET, SAN JUAN CAPISTRANO;- CA I n PER ATTACHED FORM 8110 AND FL 706 10 (01-01) . CERTIFICATE HOLDER CANCELLATION SANJ324 SHOULD ANY OF THE ABOVE DESCRIBER{OUCIES*CANCEL)LED BEFORE THE EXPIRATI DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN City Of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Redevelopment Agency Attention: Dawn Schanderi IMPOSEN LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto RE SENTATIVES. San Juan Capistrano CA 92675 D E R ATIVk �\ IDa am ACORD 25 (2001/08) ©ACORD CORPORATION 1 FORM 8110 POLICY NO. FPR 7820699402 ADDITIONAL INFORMATION Form DESCRIPTION FL70610 ADDITIMML INSUFM _ DESIGNAT= OPERATION, LOCATION, OR EQUIPMENT: QTY OF SAN JUAN CAPISTRANO silo w4llw - - Page 57751 78 POLICY NO. FPR •7821)699402 EFFECTIVE DATE: 12:01 AM Standard Time, JUNE 25, 2003 FARM (at your principal place of business) FL 70610(01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED OPERATION, LOCATION OR EQUIPMENT COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: FARM LIABILITY COVERAGE FORM This endorsement applies only to the person(s)or This insurance,including any duty we have to defend organization(s)identified on Form 8110(Additional "suits", does not apply to"bodily injury',"property Endorsement Information)of this policy. damage"or"personal and advertising injury'that Under Section C.WHO IS AN INSURED, in arises out of, in whole or in part,or is a result of, in paragraph 2.,each of the following is also an insured: whole or in part,the active or primary negligence of any person or organization designated as an The persons or organizations shown on Form 8110, additional insured on Form 8110. but only with respect to liability arising out of the designated operation or location or your use of equipment shown on Form 8110, subject to the following additional exclusion: _ All terms and conditions of this policy apply unless modified by this endorsement. FL 70610(01-01) • �Kee • �M 32400 PASEO AC LANTO IIUAIIIIRI SAN JUAN CAPIBTRANO, CA 92675 (lill(IHO 1961 MEMBERS OF THE CITY COUNCIL (949) 493-1171 1776 DIANE L BATHGATE (949) 493-1053 (FAX) JOHN S.GELFF 1vww.sanjuancapisIran o.org MATTHART OESOT J � OE SOTO DAVID M.SWEROLIN CITY MANAGER GEORGESCARBOROUGH . Y , June 13, 2003 South Coast Farms Attn: Mr. George Kibby 2267 Sandlewood Anaheim, CA 92806 RE: Compliance with Insurance Requirements - Lease Agreement The following insurance documents are due to expire: V General Liability Certificate 6/25/2003 V General Liability Endorsement naming the City of San Juan Capistrano and the San Juan Capistrano Redevelopment Agency as additional insureds. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration dates. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn Schanderl Deputy City Clerk cc: Kathleen Springer Jack Galaviz DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future x4:401"O® CERTIFICATE -LIABILITY INSURANC DATE,MM 81/29O/YY) /03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HRH Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9166 Anph& PI., Suite 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Rancho Cucamonga CA 91730 COMPANIES AFFORDING COVERAGE COMPANY A State Compensation Ins. F INSURED COMPANY South Coast Fars Inc. B Mr. George IGbby COMPANY 32701 Alipaz St C San Juan Capsitran CA 92675 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD(YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGO $ CLAIMS MADE F7 OCCUR PERSONAL A ADV INJURY $ OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Par person) HIRED AUTOS This certificate is issued as a tndtm of BODILY INJURY $ NON-OWNED AUTOS information only and confe lb (Per amidern no tl� upon the certificate holder. rhis PROPERTY DAMAGE $ certificate does not amend, mtmdw GARAGE LIABILITY alter the coverage 8 or AUTO ONLY-EA ACCIDENT $ ANY AUTO mentioned. OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION ANDW A RY IMIT R EMPLOVERS'LIABILITY 1615214-03 02/01/03 02/01/04 EL EACH ACCIDENT $ 1,000,000 A THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT $ 1 000,000 TIVE PARTNERS/EXECU OFFICERS ARE: EXCL EL DI E PA YEE 1,000,000 OTHER W L Cc'$ a z n z w HT1 DESCRIPTION OF OPERATIONS)LOCATIONSNEHICLES/SPECIAL ITEMS r� N� D rn ' Y � CERTIFICATE HOLDER CANCELLATION, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano & San Juan Capistrano EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Comm. Redeveopmnt Agency 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 Paseo Adelanto BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUI T OR LABILITY San Juan Capistrano CA 92675 OF ANY KIND UPON THE C PA Y. ITS AGENTS OR REPRESE S. - AUTHORIZED REPRESE AI Mata ACORD 263 (1/96) LICENSE #0684503 v p AC CORPORATION 1988. • aWWI i 32400 PASEO ADELANTO !,C' 111111 SAN JUAN CAPISTRANO, CA 92675 ).J II[I11 ISINU$10 I 1961 MEMBERS OF THE CITY COUNCIL (949) 493-1171 1776 DIANE L BATHGATE (949) 493-1053 (FAX) JOHN S.GELFF ivwlv.sanjuancapistrano.org MATT HART O AVID M DAVID M.SWERDLIN CITY MANAGER GEORGESCARBOROUGH January 22, 2003 Mr. George Kibby South Coast Farms 2267 Sandlewood Anaheim, California 92806 RE: Comaliance with Insurance Requirements - Lease Agreement The following insurance document is due to expire: Workers Compensation Certificate 2/1/2003 V Other Information: Please name the City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency as certificate holders Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration date. If you have any questions, please contact me at (949) 443-6310. Sincerely�, , Dawn S hander) Deputy City Clerk cc: Kathleen Springer Jack Galaviz oauu use San Juan Capistrano: Preserving the Past to Enhance the Future IPP ACORD CERTIFIC4f E OF LIABILITY INSLWNCFv3OP ID S DATEIMM/DD/YYI UTH-3 09/13/02 PPODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Willingham Ins. Svcs. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OC13465 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2469 Pomona Road #101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corona CA 92880-6983 phone: 909-278-1388 Fax:909-278-0664 INSURERS AFFORDING COVERAGE INSURED INSURER A. Allied Group Insurance South Coast Farms Inc. INSURER B. George Kibby INSURER C: 32701 Ali az Street INSURER D: San Juan Capistrano CA 92675 NSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN POLICYEXPIRATIO LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY E DATE MM/DDA'Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE ❑ OCCUR MED EXP(My ore person) $ 1000 A X Agri Liability FPK FNP 7810699402 06/25/02 06/25/03 PERSONAL$ADV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1000000 POLICY PROJECT X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500000 ANY AUTO (Ea acciEenl) ALL OWNED AUTOS BODILY INJURY $ A X SCHEDULED AUTOS FPK HA 7810699402 06/25/02 06/25/03 (Perperson) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per evader*) PROPERTY DAMAGE S (Per aoadeM) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ _ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYE $ E.L.DISEASE-POLICY LIMIT $ OTHER A Auto Physical FPK BA 7810699402 06/25/02 06/25/03 Comp 500 Ded Damage II ollon 500 Ded DESCRIPTION OF OPERATIONS OCATION$ HICLES/EXCLUSIONS ADDED BV ENDORSEMENT/SPECIAL PROVi,ci ISIONS _ i T *CANCELLATION - EXCEPT 10 DAYS NOTICE FOR NON PAYMENT OF PREMIUM. L m CITY OF SAN JUAN CAPISTRANO IS NAMED AS ADDITIONAL INSURED REGARDING 2t'1'7_. rn ACRES OF FARM LAND LOCATED AT 32701 ALIPAZ STREET, SAN JUAN CAPISTRANOf'CA. m C" C CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION SANJ324 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLE FORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL'Fl DEAVORT�f MAIL *30 DAYSWRITTEN City of San Juan Capistrano NOT TO YERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Redevelopment Agency 32400 Paseo Adelanto IMPOS OOB/LIGATION .LIABILITY OF ANY KIND UPONTHE INSURER ITS AGENTS OR San Juan Capistrano CA 92675 R RE AhVEs. THOR¢E EP SEN TV , 4ale ACORD 25-S(7/97) / CACORD CORPORATION 1988 r f • • EFFECTIVE DATE: 12:01 AM Standard Time, FARM (at your principal place of business) FL 706 38(01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ENTITY - YOUR FARMING OPERATIONS AND INSURED LOCATIONS COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: FARM LIABILITY COVERAGE FORM This endorsement applies only to the person(s)or organization(s) identified on Form 811 (Additional Endorsement Information) of this policy. Under Section G.WHO IS AN INSURED, in paragraph 2.,each of the following is also an insured: The person(s)or organization(s)shown on Form 811, but only with respect to liability arising out of your"farming" operations or arising out of and in connection with any of your"insured locations". All terms and conditions of this policy apply unless modified by this endorsement. FL 706 38 (01-01) r FPK FMP 78 1 0699402 AGENT'S COPY FORM 8110 ADDITIONAL INFORMATION Form DESCRIPTION FL 706 38 01-01 City of San Juan Capistrano, Redevelopment Agencyu 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 J silo 101-01100 Page 59258 78 A-00-AP. W 0-AP. CERTIFIC OF LIABILITY INSU NCSUTH-3 oPID S DATEt0IDDPPQ 9//13/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Willingham Ins. Svcs. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OC13465 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2469 Pomona Road #101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corona CA 92880-6983 Phone: 909-278-1388 Fax: 909-278-0664 INSURERS AFFORDING COVERAGE INSURED INSURER A. Allied Group Insurance South Coast Farms Inc. INSURER B: George Kibby , INSURER G: 32701 Alipaz Street INSURER D'. San Juan Capistrano CA 92675 NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R rypE OF INSURANCE POLICY NUMBER P LICY F ECTIVE POLICY EXPI TI N LTR DATE MM/DD/YY DATE MM/DD/VY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ SOOOOOO COMMERCIAL GENERALAGE(Any one Ore) $LIABILITY FIRE DAM CLAIMS MADE E] OCCUR MED EXP(Any one person) $ 1000 A RGEN] A_c�ri Liability FPK FMP 7810699402 06/25/02 06/25/03 PERSONAL&ADV INJURY $ 1000000 _ GENERAL AGGREGATE $2000000 'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 1000000 POLICY JECT_ I X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500000 ANY AUTO (Ea auident) ALL OWNED AUTOS BODILY INJURY A X SCHEDULED AUTOS FPK BA 7810699402 06/25/02 06/25/03 (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per axident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR a CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS I I ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER A Auto Physical FPK BA 7810699402 06/25/02 06/25/03 Comp 500 Dad Damage I �011i'"On 500 Dad DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS F, N M *CANCELLATION - EXCEPT 10 DAYS NOTICE FOR NON PAYMENT OF PREMIUM. t. N M CITY OF SAN JUAN CAPISTRANO IS NAMED AS ADDITIONAL INSURED REGARDING 2�;,�— rn ACRES OF FARM LAND LOCATED AT 32701 ALIPAZ STREET, SAN JUAN CAPISTRANOy;'CA. _ Cr _ CERTIFICATE HOLDER Y ADDITIONAL INSURED;INSURERLETTER: A CANCELLATION SANJ324 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAACELLE FORE THE EXPIRATIO DATE THEREOF,THE ISSUING INSURER WILLENDEAVOG MAIL *30 DAYS WRITTEN City of San Juan Capistrano Non O InELERTiFiCATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO$HALL Redevelopment Agency IMPOS 0OBLIGATION ABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 R RE ATVES. THORIZ EP SEN TIV All ACORD 25-S(7/97) / ©ACORD CORPORATION 1988 v' EFFECTIVE DATE: 12:01 AM Standard Time, FARM (at your principal place of business) FL 706 38(01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ENTITY - YOUR FARMING OPERATIONS AND INSURED LOCATIONS COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: FARM LIABILITY COVERAGE FORM This endorsement applies only to the person(s)or organization(s)identified on Form 811 (Additional Endorsement Information) of this policy. Under Section C.WHO IS AN INSURED, in paragraph 2., each of the following is also an insured: The person(s)or organization(s) shown on Form 811, but only with respect to liability arising out of your"farming" operations or arising out of and in connection with any of your"insured locations". All terms and conditions of this policy apply unless modified by this endorsement. FL 706 38(01-01) FPK FMP 78 1 0699402 • AGENT'S COPY FORM 8110 ADDITIONAL INFORMATION Form ' DESCRIPTION FL 706 38 01-01 City of San Juan Capistrano, Redevelopment Agency¢ 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Page 59258 78 A - CERTIFICATE OF I L-ITY INSURANCE °" 2°�' PRODUCER TIM CER'IMTE IS ISSUED AS A HATTER OF INFORMATION ONLY AND CONFERS NO RNVHTS UPON THE CERTPCATE HRH bru ammi SeMriow HOLDER, THIS CEffnRCATE DOES NOT MEND, EXTEND OR 1191 Meet S6dh Swat ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. Suva COMPANIES AFFORDING COVERAGE ut 41CA 817!2 COMPANY A SW CN IFL Im Find NSURED COMPANY / m South cow FARM TAD. B (0�✓ • -1/0 asup w COMPANY 38ma l on4LaDD CA 82PS * O COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.IE(.'f TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHONTI MAY HAVE BEEN REDUCED BY PAID CLAMS. OD LYNTYPE OF INSURANCE POLICY MIBBI DATE DAMAD/YY) DATE eeWDAYY) _ LAM GENERAL UAEILRY GENERAL AOOREGATE % COMMERCIAL GENERAL LAnUTY PRODUCTS.COAPAP AOG f pAfAS MADE F�OWUR PFASDNAL f ADV WANT( s OWNERS A CONTRACTORS PROT EACH OCCURRENCE i FARE DAMAGE IMM aro M) s MED EXP IMT m pKsm) f AUTOMOBILE 11ABBJTY COMBINED SOW UNIT S ANY AUTO ALL ONIED AUTOS BODILY TARRY $ SCHEDULED AUTOS PAT PA°°^) HIRED AUTOS BODILY )M f NONANRED AUTOS ev PROPERTY DAMAGE $ GARAGE LABILITY AUTO OW.Y-EA ACCIDENT i ANY AUTO OTHER THAN AUTO ONLY, U�QI ACCIDENT f AGGREGATE i EXCESS LUMAM EACH OCCUARENLE s UMBRELLA FORM AGGREGATE f OTHER TVA"UMBRELLA FORM s WARNERS COMPENSATION AND EMPLOYERS•LIABILITY 1815214-02 02101102 02101103 EL EACH ACCIDENT f 1,000,000 A THE PROPRIETOR/ IAL EL DISEASE-POLICY LIMIT Is 1,000,000 PARTNEIVYI ECUTNE OFFICERS ARE: g EXCL EL DISEASE-EA EMPLOYEE I s 1,000,000 OTHER OF OPERATIONSM1 TIONSNEHNXESI—MM ITEMS CER'TFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE �CdT01 SSI D�YY�MI 8 Sm Jum ambiroMD EXPIRATION DATE THEREOF.THE A48UMG COMPANY WILL ENDEAVOR TO MAIL Ir�„qy 10 DAYS*MM N NOT=TO TVIE MVPZATE HOLDER NAMED TO THE LEFT. 95100 Peeeo BUT FAILURE TO MAI.SUCH NOTICE SHALL IMPOSE NO OBLIGATAN OR LIABILITY San NTe11 CepYeello CA 82676 OF ANY N!O UPON THE COMPANY.ITS AUKS OR REPRESENTATIVES NRigTIZED Ii@IESBRATLIE Al 32400 PASEO ADELANTO i MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 ] InlRnupA DIANE JOHN S'L.GELFF SSTHGATE (949) 493-1171 tliAl111AE1 1961 COLLENE CAMPBELL (949) 493-1053 (FAR) 1776 MATT HART www.sanjuancapistrano.org DAVID M.SWERDLIN CITY MANAGES GEORGE SCARBOROUGH January 31, 2002 Mr. George Kibby South Coast Farms 2268 Sandlewood Anaheim, California 92806 RE: Compliance with Insurance Requirements - Lease Agreement The following insurance document is due to expire: Workers Compensation Certificate 2/1/2002 V Other Information: Please list the City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency as certificate holders Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by February 14, 2002. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn derl Deputy City Clerk cc: Kathleen Springer Jack Galaviz DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future ' CaWarm Insurance Compt • SACRAMENTO.CALIFORNIA (( (//T POLICY NUMBER: GL 403106302 6CC-40 LIABILITY EFFECTIVE DATE: 12:01 A.M., Standard Time, 06/25/99 L 203 (Ed. 10 77) AMENDMENT - LIMITS OF LIABILITY (Single Limit - Individual Coverage Aggregate Limit) SCHEDULE Coverages Limits of Liability Bodily Injury Liability and Property Damage Liability $ 1 , 000 ,000 each occurrence $ 1 , 000,000 aggregate It is agreed that the provisions of the policy captioned"LIMITS OF LIABILITY" relating to Bodily Injury Liability and Property Damage Liability are amended to read as follows: LIMITS OF LIABILITY (2) all property damage arising out of and occurring in Regardless of the number of(1)insureds under this policy, the course of operations performed for the named (2) persons or organizations who sustain bodily injury or insured by independent contractors and general property damage, (3) claims made or suits brought on supervision thereof by the named Insured,includ- account of bodily injury or property damage or (4) ing any such property damage for which liability is automobiles or units of mobile equipment to which this assumed under any incidental contract relating to policy applies, the company's liability is limited as follows; such operations,but this subparagraph(2)does not include property damage arising out of mainte- Bodily Injury Liability and Property Damage Liability: nance or repairs at premises owned by or rented to (a) The limit of liability stated in the Schedule of this the named insured or structural alterations at such endorsement as applicable to"each occurrence"is the premises which do not involve changing the size of total limit of the company's liability for all damages or moving buildings or other structures; because of bodily injury or property damage as a (3) if Products-Completed Operations Insurance is af- result of any one occurrence,provided that with respect forded, all bodily injury or property damage to any occurrence for which notice of this policy is given included within the completed operations hazard in lieu of security or when this policy is certified as proof and all bodily injury or property damage included of financial responsibility under the provisions of the within the products hazard; and Motor Vehicle Financial Responsibility Law of any state (4) if Contractual Liability Insurance is afforded, all or province such limit of liability shall be applied to property damage for which liability is assumed provide the separate limits required such law for under any contract to which the Contractual Liability Bodily injury Liability and Property Damage Liability to Insurance applies. the extent of the coverage required by such law, but the separate application of such limit shall not increase the Such aggregate limit shall apply separately: total limit of the company's liability. (i) to the property damage described in subpara- (b) If an aggregate amount is stated in the Schedule then graphs (1) and (2) and separately with respect subject to the above provision respecting "each occur- to each project away from premises owned by rence",the total liability of the company for all damages or rented to the named insured; because of all bodily injury and property damage (ii) to the sum of the damages for all bodily injury which occurs during each annual period while this policy or property damage described in subpara- is in force commencing from its effective date and which graph (3); and is described in any of the numbered subparagraphs below shall not exceed the limit of liability stated in the (iii) to the property damage described in subpara- Schedule of this endorsement as "aggregate": graph (4) and separately with respect to each project away from premises owned by or rented (1) all property damage arising out of premises or to the named insured. operations rated on a remuneration basis or contractor's equipment rated on a receipts basis, (c) Forthe purpose of determining the limit of the company's including property damage for which liability is liability, all bodily injury or property damage arising assumed under any incidental contract relating to out of continuous or repeated exposure to substantially such premises or operations, but excluding prop- the same general conditions shall be considered as erty damage included in subparagraph (2) below; arising out of one occurrence. L 203 (Ed. 10 77) r -r COPY Policy GL 4031063 02 Agency 0013005 ATTENTION: Please retain this page along with the attached documents for your records. CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400PASEO ADELANTO ` SAN JUAN CAPISTRANO CA 92675 The attached information pertains to the following named insured: South Coast Farms Inc 2268 Sandlewood Anaheim, CA 92806 CALADRE 07/14/99 JUL 1 :-) 1999 TE(MMIDDM) A. ORD CERTIFIC �TE OF LIABILITY INSQANCFIUTHR3 DA06/26/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Willingham Ina, Svcs. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OC13465 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2469 Pomona Rincon Road #101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corona CA 92880-6983 INSURERS AFFORDING COVERAGE Phone: J09-278-1388 Fax: 909-278-0664 INSURED INSURERA: Cal Farm Insurance Company INSURER B: CalComp Insurance Company South Coast Farms Inc. INSURER C: George ndlewbby Anaheim Sandie 9280 INSURER D: Anaheim CA 92806 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY, GL 4031063 06/25/00 06/25/01 FIRE DAMAGE(Any one fire) $ 50000 CLAIMS MADE �] OCCUR MED EXP(Any one person) $ 1000 PERSONAL B ADV INJURY $ 1000000 GENERAL AGGREGATE $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ POLICY PRO- JECT r OG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500,000 A _ ANV AUTO BA 4029384 06/25/00 06/25/01 (Eaaccident) ALL OWNED AUTOS BODILY INJURY $ $ SCHEDULED AUTOS (Per person) HIRED AUTOS ' BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) ' GARAGE LIABILITY ! AUTOONLV-EA ACCIDENT E ANV AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ E%CESS LIABILITYr EACH OCCURRENCE $ OCCUR _ CLAIMS MADE AGGREGATE E $ DEDUCTIBLE § RETENTION $ E WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS'LIABILITY WDG84988—A 02/01/001 02/01/01 ELff CQDENT $ 1,000,000 E.L.DISEASE-EAEMPLOVE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER A Farmowners PFO 4029383 06/25/00 06/25/01 Occurrent 1,000,000 Products 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLEVEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holders named as additonal insured per L9110 attached re: lea1L agreement for Kinoshita Farm. C7 CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION -� SANJUAl SHOULD ANYOF THE ABOVE DESCRIBED POLICIES'BEAN CCELLED BEFORE THE City of San Juan Capistrano EXPIRATION DATE THEREOF,THE ISSUING INSURERWILL ENDEASTO MAIL Community Redevelopment Agency 30 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE Attn. : City Clerk's Office LEFT,BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF 32400 Paseo Adelanto San Juan Capistrano CA 92675 ANY KIND UPON THE INSURER,rITSANTS OR REPRESENTATIVES. i Dale Willin ham ACORD 25-S(7/97) ACORUIORPORATLON 1988 CalFarm Insurance • a member of Naoonaide Insurance POLICY NUMBER: GL 4031063 03 LIABILITY EFFECTIVE DATE: 12:01 A.M. Standard Time, 06/25/00 L9110 (Ed. 01 97) THIS ENDORSEMENT AMENDS THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS • PRIMARY INSURANCE FOR NAMED INSURED • 30 DAY NOTICE This endorsement amends such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE Subject to all other terms and conditions of the policy not expressly amended by this endorsement, it is agreed that the "Persons Insured" provision is amended to include as an insured any state or political subdivision shown in the Schedule of this endorsement, subject to the following additional provisions: 1. This insurance applies only with respect to operations performed by or on behalf of any named insured for which the state or political subdivision has issued a permit. 2. This insurance, including any duty the Company has to defend suits, does not apply to: a. Bodily injury, property damage, personal injury or advertising injury arising out of operations performed for the state or political subdivision. b. Bodily injury or property damage included within the products-completed operations hazard. 3. The insurance afforded to any Named Insured by this policy shall be primary insurance with respect to any claim or suit against a Named Insured arising out of the issuance of a permit by the state or political subdivision designated in the Schedule of this endorsement. With respect to the state or political subdivision's liability arising solely out of the issuance of a permit, any other insurance maintained by the state or political subdivision with respect to such liability shall be non- contributing with the Named Insured's insurance under this policy. 4. We will provide the state or political subdivision 30 days prior written notice of a reduction of coverage or cancellation, except for nonpayment of premium. SCHEDULE State or Political Subdivision: CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 L9110 (Ed. 01 97) Includes copyrighted material of Insurance Services Office,Inc.,with its permission Copyright,Insurance Services Office,Ina.1984 32400 PASEO ADELANTO I- +� MEMBERS OF THE CITY COUNCIL SAN .JUAN CAPISTRANO, CA 92675 � -� 110 24"IMO UTANE L.BATHGATE (949) 493-1 17 1 [sinua,o � 1161 JOLLE NECAMPBELL OHN NE NER CAM (949) 493-1053 (FAX) 1776 ,C?ATr HART • DAVID M.SWEROLIN CITY MANAGER GEORGE SCaHeOROUGH June 22, 2000 Mr. George Kibby South Coast Farms 2268 Sandlewood Place Anaheim, California 92806 Re: Renewal of General Liability Certificate of Insurance and General Liability Endorsement Form (Lease Agreement - Kinoshita Farm) Dear Mr. Kibby: The General Liability Certificate of Insurance, regarding the above-referenced lease, is due to expire on June 25, 2000. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as well as the San Juan Capistrano Community Redevelopment Agency an additional insureds. Please forward the updated certificate and the endorsement form to the City, attention City Clerk's office, by July 3, 2000. If you have any questions, please contact me at (949) 443-6310. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Silvia Cintron, Administrative Secretary giUQ USE IS san Jt(am Capistrano: Pr-eserrin, the Past to Enhance the Funuc it -• 0 ACORD CERTIFICATE OF LIABILITY INSURANCkID s DATE(MM/DDM) OUTH-3 06/25/99 PRODUCE'. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Willingham Ins. Svcs. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OC13465 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2469 Pomona Rincon Road #101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corona CA 91720 COMPANIES AFFORDING COVERAGE Dale Willingham COMPANY Phone N. 909-278-1388 Fa.No. 909-278-0664 A CalFarm Insurance Company INSURED COMPANY - nD B CalComp Insurance Company c= m South Coast Farms Inc. coMPatuv _ -> George Kibby 6 Dan Manassero C - '_1 2268 Sandlewood COMPANY Anaheim CA 92806 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM ORCONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS C� CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDM) DATE(MM/DDM') GENERAL LIABILITY I GENERAL AGGREGATE E 1000000 A X COMMERCIAL GENERAL LIABILITY GL 4031063 06/25/99 06/25/00 PRODUCTS-COMPIOP AGG $ CLAIMS MADE [X] OCCUR PERSONAL S ADV INJURY $ 1000000 OWNER'S L CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one fire) E 50000 MED EXP(Any one person) E 1000 AUTOMOBILE LIABILITY 06/25/00COMBINED SINGLE LIMIT $ 500,000 A ANY AUTO BA 4029384 06/25/99 ALL OWNED AUTOS BODILY INJURY X SCHEDULEDAUTOS (Per person) E HIRED AUTOS BODILY INJURY E NON-OWNED AUTOS (Per accident) i PROPERTY DAMAGE E GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E _ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE E EXCESS LIABILITY EACH OCCURRENCE E UMBRELLA FORM AGGREGATE E OTHER THAN UMBRELLA FORM E WORKERS COMPENSATION AND X WC STATU- OTH- TORY LIMITS ER EMPLOYERS'LIABILITY EL EACH ACCIDENT EZ,OOO,OOO B THE PROPRIETOR/ INCL G982171939 02/01/99 02/01/00 EL DISEASE POLICY LIMIT E 1 OOO,OOO PARTNERVEXECUTIVE OFFICERS ARE: X I EXCL EL DISEASE-EA EMPLOYEE E 1 000 000 OTHER A Farmowners Liab. PFO 4029383 06/25/991 06/25/00 Occurence 1,000,000 Products 1,000,000 DESCRIPTION OF OPEMA ONSILOCATIONSNEHICLESISPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SANJUAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO/N�IATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Of San Juan Capistrano 3O �\D\AVS WRITTEN NOTI OTF CERTI FICATE HOLDER NAM ED TO TH E LEFT, Community Redevelopment Agency BUT FAILUF TO MAILSI NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ATTN: Nancy Barney 32400 Paseo Adelanto O YKINDVPON TH COMPANY ITS ADEN ORE RESENTATVES. San Juan Capistrano CA 92675 Au ORIZED REPRESS TATIIVE !/,F 7 D le WiY _ �' ' // � ' C L. L. ACORD 25-S(1195) - --- ' " ACORD CORPORATION 1988 PAGE 2 NOTE Df 4 INSURED'S NAW South Coast Farms Inc. ID SYUTH-3 DATE 06/25/99 The City & Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as additional insured with regards to damages & defense of claims arising from (A) Activities performed by or on behalf of the named insured (H) Products & Completed Operations of the named insured, or (C) Premises owned, leased or used by named insured 1 San Juan Capistrano Community Redevelopment A �ut�e 21, 1999 Mr. George Kibby South Coast Farms, Inc. 2268 Sandlewood Place Anaheim, California 92806 Re: Renewal of General Liability, Endorsement Form and Workers' Compensation Certificate of Insurance (Kinoshita Farm Management) Dear Mr. Kibby: The General Liability Certificate of Insurance, regarding the above-referenced service, is due to expire on June 25, 1999. The Workers'Compensation expired February 1, 1999. In accordance with your agreement, the insurance certificates need to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as well as the San Juan Capistrano Community Redevelopment Agency as additional insureds. I have included the City approved endorsement form to submit to your insurance company; however, your insurance company may provide their own endorsement form. Please forward the updated certificates and the endorsement form to the City, attention City Clerk's office, by July 2, 1999. If you have any questions, please contact me at (949) 443-6310. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Deputy City Clerk Gnclosurc cc: Cheryl Johnson, City Clerk Silvia Cintron, Public Works i ' {�Ifl � .hlU .1 tc unlit ,tiara )Ilan ( a�n,lianti 4� J � 32400 PASEO ADELANTO v i MEMBERS OF TRE CITY COUNCIL COLLENE CAMPBELL SAN JUAN CAPISTRANO,CA 92575 JOHN GREWER (949)493-1171 �j Imm.n�rue WYATT HART (949)493-1053 (FAX) uunum 1961 GIL JONES 1776 DAVID M.SWEiDLIN • • CITY MANAGER GEORGE SCARBOROUGH July 7, 1999 Mr. George Kibby South Coast Farms 2268 East Sandalwood Place Anaheim, California 92806 Re: Lease Agreement - Kinoshita Farms Dear Mr. Kibby: At their meeting of June 15, 1999, the City Council of the City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency Board of Directors both took action to approve a Lease Agreement with you to manage, maintain and operate a fruit and vegetable farm on the Kinoshita Farm site. The Lease also provides for restoration and maintenance of the Congdon House located on the Kinoshita Farm site, as well as rodent, weed and pest control at the nearby Community Gardens. A fully-signed copy of the Lease Agreement is enclosed for your files. Please feel free to contact the Public Works Director, Amy Amirani, at 443-6361 if you have any questions. Very truly yours, Cheryl Joh son City Clerk Enclosure cc: Joe Mankawich (with enclosure) DMUG USE ISI San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO — MEMBERS OF THE CITU COUNCIL SAN,JUAN CAPISTRANO, CA 92675 ............ DIANE L.BATHGATE manmm 1961 COLLENE CAMPBELL (949) 493-1 171 JOHN GREINER (949) 493-1053 (FAX) 1776 WYATT HART DAVID M.SWERDUN CITY MANAGER GEORGE SCARBOROUGH June 8, 2000 Mr. George Kibby South Coast Farms 2268 East Sandalwood Place Anaheim, California 92806 Re: Revised Lease Agreement - Conadon House/Kinoshita Farm Dear Mr. Kibby: At their meetings of June 6, 2000, the City Council of the City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency approved a "Lease Agreement' with you that eliminates your obligation regarding the Congdon House renovation. A fully-signed copy of the revised lease is enclosed for your information. Please feel free to contact Amy Amirani, Public Works Director, if you have any questions. Very truly yours, Cheryl Johns City Clerk Enclosure cc: Foerstel Engineering & Design Public Works Director (with enclosure) onua use Is San Juan Capistrano: Preserving the Past to Enhance the Future AGENDA ITEM June 6, 2000 TO: George Scarborough, Executive Director, CRA FROM: Amy Amirani, Public Works Director SUBJECT: Congdon House/Kinoshita Farm - Consideration of Approval of Plans, Specifications, Call for Bids and Revisions to Lease Agreement. RECOMMENDATION By motion; 1) approve the Plans and Specifications for the Congdon House as prepared by Foerstel Engineering. 2) authorize staff to call for bids. 3) approve the revised lease with South Coast Farms for the Kinoshita Farm parcel. SITUATION Plans The City Council, at their June 15, 1999 meeting, approved a lease agreement with South Coast Farms for the Congdon House/Kinoshita Farm Property. The lease agreement stipulated that South Coast Farms and the City form a cooperative relationship, with South Coast taking the lead, in the development of plans for the renovation of the Joel Congdon House. Numerous meetings with the South Coast Farm representative, project architect/structural engineer, historical architect, former residents of the house, building contractors and City staff members from the Public Works and Building Departments have determined a vision for the restoration work. Using the State Historical Building Code as their guideline, the renovation plans represent a balance between historical authenticity and modern practicality and safety. The intent is to retain as much of the existing structure as can be saved in a safe and cost effective manner. Where decay has made restoration impractical, or impossible, the plans require that materials be replaced with new materials fashioned to replicate the original. Work shall include: leveling and underpinning of the foundation, re-flooring where necessary, installation of new interior walls where required due to moisture damage on the first floor, reconstruction of the front porch, new electrical, new wood shake roofing, restoration of windows and doors and refinishing and repainting throughout. A copy of the plans has been made available to City Council for their review. A copy is available for public review at the Office of the City Clerk. Staff recommends that City Council approve the Plans and Specifications for the Joel Congdon House Renovation as prepared by Foerstel Engineering. /� y'� /� FOR CIN COUNCIL A6E 1.i1��i' Agenda Item June 6, 2000 Page 2 Funding The estimated construction cost to renovate the Congdon House per the submitted plans and specifications is $340,000. Original estimates of cost based upon a simple walk through of the structure speculated that the renovation would cost in the neighborhood of $250,000. Because significant portions of the house require replacement there has been some suggestion that the construction of a replica structure would be more practical. Estimates for removal and entire reconstruction of the Congdon House would be in the $300,000 range. Lease South Coast Farms has shown to be a very successful farm operator and has improved the site considerably since becoming the tenant. South Coast has recently completed the transition of farm operations to 100% organic growing. This costly conversion means that the residents of Capistrano Valley will be exposed to none of the herbicides and pesticides that normal farm operations utilize, while being offered even healthier foods to enjoy. South Coast Farms has, through hard work, garnered the City's trust and confidence. However, during development of the Plans and Specifications it has become apparent that South Coast, while good farmers, does not have the construction expertise necessary to carry out the renovation of the Congdon House per their original agreement with the City. South Coast concurs with this assessment. Staff recommends that the City retain South Coast Farms as the operator of the Kinoshita Farm Agricultural Preserve. It is further recommended that the City administer the renovation of the Congdon House. This will provide the City with better control over the expenditure of its funds while utilizing City staff that are familiar with construction management. Attached please find, for City Council approval, a copy of a revised agreement between South Coast Farms and the City of San Juan Capistrano which eliminates South Coast's obligations in regards to the Congdon House renovation. The Renovation is expected to take approximately 8 months. (See attached schedule) As the renovation nears completion City staff will return to City Council to review the potential long term uses of the building. NOTIFICATION South Coast Farms Foerstel Engineering COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A Agenda Item June 6, 2000 Page 3 FINANCIAL CONSIDERATIONS The estimated cost for the Congdon House Renovation Project is $340,000. There is $150,000 in agricultural reserve funding available for the project at this time. Provided that City Council approves the Plans and Specifications at tonight's meeting, staff will bring the final funding recommendation back to City Council at the time of the award of the construction contract. ALTERNATE ACTIONS 1. Approve the Plans and Specifications for the Congdon House Renovation and approve revisions to the Kinoshita Farm lease; 2. Do not approve the proposed Congdon House Renovation proposal; 3. Request additional information from Staff. RECOMMENDATION By motion; 1) approve the Plans and Specifications for the Congdon House as prepared by Foerstel Engineering. 2) authorize staff to call for bids. 3) approve the revised lease with South Coast Farms for the Kinoshita Farm parcel. Respectfully submitted, co" am,,• R 1'. Amy Amirani Public Works Director Attachments: Rendering, Schedule and Revised Lease !!dill!rrN li ' II �I'Iiillllllllill!�Ili�� :;hli, _ -_ - i+ liilil4! . �!I" '•• �I`� � I� � I I -- ''"II 11111 � I �I I ' N� � �' - - 1111 I � ,` _JI■ _ I AN 111111171 pop AIdp1111I I 1X1 'N I��11��1�ap� I f1�J7y ....1 @q�Il�i;•nnnvuul"I 1IMB,PC�IN I, Illfl,� IIIIIII?0' „11 UI -i .� nimunnn I J�II'�I�1IIIIIIIIIIII�, 1%X11111'11 IIY�/iX�/i 11111111 II,IM 1111111- �� kill"y/11111/-� 11✓�X�� r, 1J IIIIILUl�I1111IL .LIJ! �Igfillltld'1:IIIL t 1 IIIIIXII,IiIX II I'h�,,I�II�I�I�it hu , • I�{{{{{{33 X1,1 ®I _ =- li:,l m 111111 ,•:•" a t Exhibit A _ EXHIBIT A (SITE PLAN) LEGEND A. Agricultural Preserve Al Farmers MarkeNProduce Stomp A2 Roadside Produce Stand w/Parldng A3 Internal Farm Roads A4 Equipment/Machinery Storage AS Farm Labor Residence ' A6 Agriculture to Remain B. Historical Preservation Bl Joel Congdon Residence B2 Historical Farm Equipmeat Display Area F 1 � 1 �y Cn A A6 1 )L I ' FA3 N i ad. 1 d �B1 A4 am B Al / --- B2 CAMINO DEL AVION