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1997-0617_SOUTH COUST FARMS_License AgreementLICENSE AGREEMENT This License Agreement is made this �1 ay of June, 1997 (the "Agreement") y 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 "Licensor"), and South Coast Farms (hereinafter "Licensee"). RECITALS: WHEREAS, Licensor 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, Licensor desires to conduct farming operations on the property; and WHEREAS, Licensee has farming expertise and experience and desires to manage the maintenance and operations of all agricultural activities on the property; NOW, THEREFORE, Licensor and Licensee do hereby mutually agree as follows: Section 1. Grant of License/Term. Licensor hereby grants to Licensee a license to manage the maintenance and operations of all agricultural activities conducted 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 (the "Property"). Licensee shall provide the expertise, supervision and management of the agricultural operations of the Property, and shall own all crops produced on the Property. In exchange for use of this Property, Licensee shall compensate Licensor by way of an annual license payment of $44,000 to be paid in quarterly amounts. The parties hereto agree that this Agreement is intended to be an operational agreement for use of the Property and does not represent a loan to Licensee. Title to the Property is not, therefore, and will not be, transferred to Licensee by operation of this Agreement. The term of this license shall be effective from the date of execution through June 30, 1998. The Agreement may be terminated by any party at any time during its term, provided that five (5) calendar days' advance written notice is given to the other parties. In the event that such notice is given during the term of this Agreement by Licensor, Licensee shall be allowed reasonable accommodation to harvest any crop in the field, subject to the conditions of this Agreement. Section 2. Compensation. Licensor shall receive the following compensation from Licensee: Payment to Licensor shall be made in quarterly increments of Eleven Thousand Dollars ($11,000.00), payable within thirty (30) days of the close of each quarter. cAwpwin60\wpdocs\fa \socoast.agr -1- 05/30/97 0 LI Section 3. Nature of Use Permitted Under the Agreement. (a) Operation of Farm. Licensee shall be responsible for the supervision and management of every aspect of running a farming operation on the Property in a businesslike manner. 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. Licensee 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 Property and Equipment. Licensee agrees to accept the Property and equipment in present condition on the date of execution of this Agreement. Specified buildings and farm equipment shall be provided to Licensee by Licensor, for Licensee's use in farming operations. Licensee shall maintain, at Licensee's expense, the Property, including all structures except the historical farmhouse residence (Congdon House)* and all equipment owned and furnished by Licensor 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 Licensee at Licensee's expense. Equipment owned and furnished by Licensor shall not be removed from the Property without the consent of Licensor, except for temporary repairs, after which it shall be immediately returned. An inventory of all equipment owned by Licensor shall be provided to Licensee. Licensee and the authorized representatives of Licensor shall inspect all equipment within sixty (60) days of execution of this Agreement and mutually agree upon the condition of the equipment. *Use, maintenance and control of the Congdon House is expressly excluded from this Agreement. All use, maintenance and control of the Congdon House will be the responsibility of the Ov4rxinWkwpdo Ufa \v oaa agr -2- 05/30/97 0 • Licensor and is subject to change at the discretion of Licensor. This Agreement shall include reservation of a right to parking in that area defined as the width of the Congdon Residence (35'), from the east wall of the structure to the eastern most boundary parallel to Alipaz Street, as well as a right to access from the existing drive entrance on Alipaz Street to the south of the Congdon House. Such right of use shall not exclude access by the Licensee. (c) Marketing and Sale of Crops. Licensee shall be responsible for the marketing and sale of crops produced on the Property. Licensor and Licensee agree that crops will be sold retail at the cash stand located on the Property and to commercial produce wholesalers and distributors. Licensee shall provide a schedule to Licensor of proposed days and hours of operation of the on-site retail location. (d) Water and Utilities. Licensee agrees to pay all costs for public utilities installed or used during the term of the Agreement for farming operation purposes. Licensee agrees to use water provided by the local agencies in the farm operation, and to pay for water usage, including the charges for new hookups, maintenance and repairs related to the farming operation. Licensee agrees to work cooperatively with Licensor to coordinate watering schedules between the Property and the City Sports Park. Water costs for the City Sports Park will be the responsibility of Licensor. (e) Condition of Property. Licensee accepts the Property in its present condition upon execution of this Agreement. Licensor makes no warranty of the suitability of the Property for growing crops. Licensee agrees, at Licensee's expense, to use reasonable care to control all weeds, noxious or otherwise, growing on the Property, including those growing in drainage ditches. Licensee shall furnish all labor and materials required to eliminate and otherwise reasonably control all rodents, insects and other pests on the property. Licensee 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. Licensee agrees, at Licensee'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 Licensor may enter upon the Property and all buildings thereon, or any portion thereof, at a reasonable time for the purposes of inspection. (f) Residential Use of Property. Licensee agrees that no persons or employees will be allowed to reside upon the Property except for the use of existing temporary farm labor residences during irrigation periods only. Licensee shall obtain all necessary licenses, permits and approvals, and shall abide by all state, local and national laws for such temporary residential use. Section 4. Insurance and Indemnity. (a) Insurance. Licensee 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. OwpwinWwpdb Ufa \s ast.agr -3- 05/30/97 0 • (b) Indemnity. Licensee shall defend, indemnify and hold harmless Licensor, and Licensor's respective officers, employees and agents 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 Licensee'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. Licensor 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. No Assignments. Licensee may not assign its rights under this Agreement to any third party. Section 6. 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: Licensor: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano CA 92675 Attention: Mary Laub Licensee: George Mbby South Coast Farms 2268 E. Sandalwood Place Anaheim, CA 92806 San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mary Laub Dan Manassero South Coast Farms 2268 E. Sandalwood Place Anaheim, CA 92806 Section 7. 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 losing party reasonable attorney's fees and costs of suit. Section 8. 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. cAwpw 60\wpdocs\ram\socoaA.agr 4- 05/30/97 IN WITNESS WHEREOF, the Licensor and Licensee have caused this Agreement to be executed on the date and year first written above. ATTEST: Cheryl John6t, 00 Clerk APPROVED AS TO FORM: John R. Shat, C Attomey AT -TEST: Cheryl John n, Agency Secretary APPROVED AS TO FORM: John . 'haw, Agency Counsel CITY OF SAN JUAN CAPISTRANO, a public body co orate politic By: f. David M. Swerdlin, Mayor SAN NAPISTRANO COMMUNITY REDS L PMENT AGENCY, a public body co ate and politic 0 Hart, Chairman in Greiner, Vice Chairman SOUTH COAST FARMS cAwpwinWvgxloc \f\sac W.ag -5- 05/30/97 0 LICENSE AGREEMENT LEGEND A. Agricultural Preserve At Farmers Market/Produce Storage A2 Roadside Produce Stand w/Parking A3 Internal Farm Roads A4 Equipment/Machinery Storage A5 Farm Labor Residence A6 Agriculture to Remain B. Historical Preservation B1 Joel Congdon Residence 112 Historical Farm Equipment Display Area A A6 Exhibit A Ip; 1 a �B1 , B AI , B2 CAMINO DEL AVION 0 June 18, 1997 Mr. George Kibby South Coast Farms 2268 East Sandalwood Place Anaheim, California 92806 Re: Farm Manaoement Services Dear Mr. Kibby: VAN* �17 '?� mloavo�um lulwlo 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of June 17, 1997, the City Council of the City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency approved a License Agreement with your company to provide farm management services for the period of July 1, 1997 through June 30, 1998, for the Kinoshita Farm Agricultural Preserve. A fully - executed copy of the License Agreement is enclosed for your files. Thank you for your interest in this project. Please feel free to contact Jennifer Murray, Assistant City Manager, at 443-6319 if you have any questions. Very truly yours, Cheryl Johnson, CMC City Clerk cc: Jennifer Murray (with copy of Agreement) 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 F1x PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ISO WILLINGHAM INS SERVICES HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2460 POMONA RINCON ROAD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE SUITE 101 COMPANY A CALFARM INSURANCE CORONA CA 91720- (909) 278-1388 INSURED COMPANY GEORGE KIRBY & PAN MAMASSERO B STATE FUND INSURANCE COMPANY BEA: SOUTH COAST FARMS 2267 SANDLEWOOD C COMPANY ANAHEIM CA 92806- (714) 632 9848 D 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 08 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 LTR TYPE OF INSURANCE POLICYNUMBER POILICYIEFFECTIVE DATE (MM/DD/YY) POLICYEIIPIRATION DATE (MMI LIMITS A GENERAL LIABILITY GENE RAEAGGREGATE $1000000 PRODUCTS COMP/OPAGG $ TOO COMMERCIAL GENERAL LIABILITY GL NEW 06/25/97 06/25/98 CLAIMS MADE [ X] OCCUR PERSONAL & ADV INJURY $1000000 EACH OCCURRENCE $1000000 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $50000 kOWNER'S& G BFCGL MED I XP (Any one pemon) $1000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $500000 ANY AUTO BA NEW 06/25/97 06/25/98 BODILY INJURY (Per person) IS ALL OWNED AUTOS SCHEDULED AUTOS BILy`VJUHy (PeUaoc�dent) HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT IS AGGREGATE _$ E)(CESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ $ OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 1466902-97 1 02/28/97 02/01/98 WC STATIUU�L JOTH- LIORYLMTS ER EL EACH ACCIDENT - $1000000 FEL DISEASE POLICY LIMIT $1000000 THE PROPRIETO)R / INCL PARTNERS/EXECUTIVE I,] EL DISEASE EA EMPLOYEE 1 $1000000 OFFICERS ARE EXCL A OTHER i I IADDIN 1000000 i CGL PFO NEW I 06/25/97 06/25/98 �, DESCRIPTION OF OPERA[IONS/LOCATIONSN EHICLES/SPECIAL ITEMS THE GENE�M I,1AB & 7AX THE CITY & THE COMMUNITY REDEVELOPMENT AGENCY,ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS WITH REGARD TO DAMAGES & DEFENSE OF CLAIMS ARISING FROM (A) ACTIVITIES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED(B) PROJECTS & COMPLETED OPERATIONS OF THE NAMED INSURED,OR(C) PREMISES OWNED, LEANED OR USED BY NAMED INSURED N fILAT ON_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of San Juan Capistrano E11PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Community Redevelopment Agency 30 DAYS WRITTEN NOTICE TO THE C TIFICATE HOLDER NAMED TO THE LEFT, Attn: Nancy Barney BUT FAILURE SU TICE�SIAUL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adslut, 7_�AIL , Y, 9"NY '4 IND U ON TCZENOCOMP NY, ITS AGENTS OR REPRESENTATIVES. a RI!Z REP San Juan Capistrano CA 92675 ACElpD S (1)85i sr APORAT 9 40 r N:1988::L • i AGENDA ITEM June 17, 1997 TO: George Scarborough, City Manager / Agency Executive Director FROM: Jennifer Murray, Acting Director of Public Lands and Facilities SUBJECT: Consideration of License Agreement With South Coast Farms for Management of the Kinoshita Farms Agricultural Complex By motion, approve the attached license agreement with South Coast Farms for the management of the Kinoshita Farms Agricultural Complex for the period of July 1, 1997 through June 30, 1998, and authorize the Mayor and Chairman of the Redevelopment Agency to execute the agreement. SITUATION: On June 3, 1997, the City Council and Agency Board of Directors selected South Coast Farms to provide farm management services for the period of July 1, 1997 through June 30, 1998, for the Kinoshita Farms Agricultural Preserve. Staff has negotiated the attached License Agreement to accomplish this purpose, and recommends that it be approved by the City Council and Agency Board of Directors. The License Agreement specifics the nature of the management and operations of the farm property, identifies a term of one year, identifies the nature of the uses permitted, describes how the property and equipment will be maintained, and provides for the operation of the on-site farm produce stand. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable FINANCIAL CONSIDERATIONS: The City and Community Redevelopment Agency will be compensated in the amount of $44,000 for the use of this property during the term of the agreement. Payments will be made in quarterly increments of $11,000. NOTIFICATION: South County Farms FOR CITY COUNCIL AGCN � 9 � CCA c i 0 i ALTERNATE ACTIONS: By motion, approve the attached license agreement with South Coast Farms for the management of the Kinoshita Farms Agricultural Complex for the period of July 1, 1997 through June 30, 1998, and authorize the Mayor and Chairman of the Redevelopment Agency to execute the agreement. 2. Direct staff to make revisions to the attached license agreement and negotiate those revisions with South Coast Farms. Request more information from staff. RECOMMENDATION• By motion, approve the attached license agreement with South Coast Farms for the management of the Kinoshita Farms Agricultural Complex for the period of July 1, 1997 through June 30, 1998, and authorize the Mayor and Chairman of the Redevelopment Agency to execute the agreement. Respectfully submitted, J fe Murray V Acting Director of Public Lands and Facilities Attachment: Proposed License Agreement JM:jmm i 41 Finance Officer made an oral presentation. having been given as required by law, Vice Chairman Greiner opened the Public and, there being no response, it was moved by Director Jones, seconded by Director n, and unanimously carried to continue the Public Hearing to the meeting of July 1, 1 It was moved by accepted for the vote: M Jones, seconded by Director Swerdlin, that the staff recommendations be items listed on the Consent Calendar. The motion carried by the following Directors Jones, Swerdlin, Campbell, and Vice Chairman Greiner NOES: one ABSENT: Chairman Hart I. APPROVAL, OF MINU S - REGU The Minutes of the Regulareeting of May 20, 1997, were approved as submitted. 2. RECEIVE AND FILEW OF JUNE 4 1997 300 30 The List of Demands dated June LFE total amount of $1,420.15, was ordered received and filed. 3. FINANCE OFFI ER' REPORT NTS AS OF MAY, 1997 350.30 The Finance Officer's Report of Investments asof ay, 1997, in the total amount of $2,757,181.48, was ordered received and filed. 4. APPROVAL OF LICENSE AGREEMENT FOR MANAGEMENT OF KIN SHI A FARM AGRICULTURE PRESERVE (SOUTH COAST FARMS As set forth in the Report dated June 17, 1997, from the Acting Director of Public Lands and Facilities, the License Agreement with South Coast Farms for management of the Kinoshita Farm Agricultural Preserve for the period of July 1, 1997, through June 30, 1998, at a compensation to the City and Agency in the amount of $44,000, was approved. The Mayor and the Chairman of the Redevelopment Agency were authorized to execute the agreement. CRA Minutes -2- 6/17/97 Y • AGENDA ITEM June 17, 1997 TO: George Scarborough, City Manager / Agency Executive Director FROM: Jennifer Murray, Acting Director of Public Lands and Facilities SUBJECT: Consideration of License Agreement With South Coast Farms for Management of the Kinoshita Farms Agricultural Complex RECOMMENDATION: By motion, approve the attached license agreement with South Coast Farms for the management of the Kinoshita Farms Agricultural Complex for the period of July 1, 1997 through June 30, 1998, and authorize the Mayor and Chairman of the Redevelopment Agency to execute the agreement. SITUATION: On June 3, 1997, the City Council and Agency Board of Directors selected South Coast Farms to provide farm management services for the period of July 1, 1997 through June 30, 1998, for the Kinoshita Farms Agricultural Preserve. Staff has negotiated the attached License Agreement to accomplish this purpose, and recommends that it be approved by the City Council and Agency Board of Directors. The License Agreement specifics the nature of the management and operations of the farm property, identifies a term of one year, identifies the nature of the uses permitted, describes how the property and equipment will be maintained, and provides for the operation of the on-site farm produce stand. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable FINANCIAL CONSIDERATIONS: The City and Community Redevelopment Agency will be compensated in the amount of $44,000 for the use of this property during the term of the agreement. Payments will be made in quarterly increments of $11,000. NOTIFICATION: South County Farms FOR CITY COUNCIL AGE6 T9 c�/ c� 0 0 ALTERNATE ACTIONS: By motion, approve the attached license agreement with South Coast Farms for the management of the Kinoshita Farms Agricultural Complex for the period of July 1, 1997 through June 30, 1998, and authorize the Mayor and Chairman of the Redevelopment Agency to execute the agreement. 2. Direct staff to make revisions to the attached license agreement and negotiate those revisions with South Coast Farms. Request more information from staff. By motion, approve the attached license agreement with South Coast Farms for the management of the Kinoshita Farms Agricultural Complex for the period of July 1, 1997 through June 30, 1998, and authorize the Mayor and Chairman of the Redevelopment Agency to execute the agreement. Respectfully submitted, J< er M' u ayy Acting Director of Public Lands and Facilities Attachment: Proposed License Agreement JM:jmm 0 0 LICENSE AGREEMENT This License Agreement is made this _ day of June, 1997 (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 "Licensor"), and South Coast Farms (hereinafter "Licensee"). RECITALS: WHEREAS, Licensor 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, Licensor desires to conduct fanning operations on the property; and WHEREAS, Licensee has farming expertise and experience and desires to manage the maintenance and operations of all agricultural activities on the property; NOW, THEREFORE, Licensor and Licensee do hereby mutually agree as follows: Section I. Grant of License/Term. Licensor hereby grants to Licensee a license to manage the maintenance and operations of all agricultural activities conducted 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 (the "Property"). Licensee shall provide the expertise, supervision and management of the agricultural operations of the Property, and shall own all crops produced on the Property. In exchange for use of this Property, Licensee shall compensate Licensor by way of an annual license payment of $44,000 to be paid in quarterly amounts. The parties hereto agree that this Agreement is intended to be an operational agreement for use of the Property and does not represent a loan to Licensee. Title to the Property is not, therefore, and will not be, transferred to Licensee by operation of this Agreement. The term of this license shall be effective from the date of execution through June 30, 1998. The Agreement may be terminated by any party at any time during its term, provided that five (5) calendar days' advance written notice is given to the other parties. In the event that such notice is given during the term of this Agreement by Licensor, Licensee shall be allowed reasonable accommodation to harvest any crop in the field, subject to the conditions of this Agreement. Section 2. Compensation. Licensor shall receive the following compensation from Licensee: Payment to Licensor shall be made in quarterly increments of Eleven Thousand Dollars ($11,000.00), payable within thirty (30) days of the close of each quarter. cAwpwinWwpda \fartnlWco .agr -1- 05/30/97 LI 0 Section 3. Nature of Use Permitted Under the Agreement. (a) Operation of Farm. Licensee shall be responsible for the supervision and management of every aspect of running a fanning operation on the Property in a businesslike manner. 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. Licensee 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 Property and Equipment. Licensee agrees to accept the Property and equipment in present condition on the date of execution of this Agreement. Specified buildings and farm equipment shall be provided to Licensee by Licensor, for Licensee's use in fanning operations. Licensee shall maintain, at Licensee's expense, the Property, including all structures except the historical farmhouse residence (Congdon House)* and all equipment owned and furnished by Licensor that is used in farming operations, in a reasonable state of repair and working order. All other equipment to be used in fanning operations shall be furnished by Licensee at Licensee's expense. Equipment owned and furnished by Licensor shall not be removed from the Property without the consent of Licensor, except for temporary repairs, after which it shall be immediately returned. An inventory of all equipment owned by Licensor shall be provided to Licensee. Licensee and the authorized representatives of Licensor shall inspect all equipment within sixty (60) days of execution of this Agreement and mutually agree upon the condition of the equipment. *Use, maintenance and control of the Congdon House is expressly excluded from this Agreement. All use, maintenance and control of the Congdon House will be the responsibility of the c:\wpwin604pdo \fa \vocoatt.aB -2- 05/30/97 Licensor and is subject to change at the discretion of Licensor. This Agreement shall include reservation of a right to parking in that area defined as the width of the Congdon Residence (35'), from the east wall of the structure to the eastern most boundary parallel to Alipaz Street, as well as a right to access from the existing drive entrance on Alipaz Street to the south of the Congdon House. Such right of use shall not exclude access by the Licensee. (c) Marketing and Sale of Crops. Licensee shall be responsible for the marketing and sale of crops produced on the Property. Licensor and Licensee agree that crops will be sold retail at the cash stand located on the Property and to commercial produce wholesalers and distributors. Licensee shall provide a schedule to Licensor of proposed days and hours of operation of the on-site retail location. (d) Water and Utilities. Licensee agrees to pay all costs for public utilities installed or used during the term of the Agreement for farming operation purposes. Licensee agrees to use water provided by the local agencies in the farm operation, and to pay for water usage, including the charges for new hookups, maintenance and repairs related to the farming operation. Licensee agrees to work cooperatively with Licensor to coordinate watering schedules between the Property and the City Sports Park. Water costs for the City Sports Park will be the responsibility of Licensor. (e) Condition of Property. Licensee accepts the Property in its present condition upon execution of this Agreement. Licensor makes no warranty of the suitability of the Property for growing crops. Licensee agrees, at Licensee's expense, to use reasonable care to control all weeds, noxious or otherwise, growing on the Property, including those growing in drainage ditches. Licensee shall furnish all labor and materials required to eliminate and otherwise reasonably control all rodents, insects and other pests on the property. Licensee 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. Licensee agrees, at Licensee'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 Licensor may enter upon the Property and all buildings thereon, or any portion thereof, at a reasonable time for the purposes of inspection. (f) Residential Use of Property. Licensee agrees that no persons or employees will be allowed to reside upon the Property except for the use of existing temporary farm labor residences during irrigation periods only. Licensee shall obtain all necessary licenses, permits and approvals, and shall abide by all state, local and national laws for such temporary residential use. Section 4. Insurance and Indemnity. (a) Insurance. Licensee 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. cAwpwinWwpdo \fU \socn .agr -3- 03/30/97 0 June 10, 1997 Mr. George Kibby South Coast Farms 2268 East Sandalwood Place Anaheim, California 92806 Re: Farm Management Services Dear Mr. Kibby: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of June 3, 1997, the City Council of the City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency selected your company to provide farm management services for the period of July 1, 1997 through June 30, 1998, for the Kinoshita Farm Agricultural Preserve. A License Agreement reflecting this decision has been scheduled for the meeting of June 17, 1997, and copies of the Agenda and staff report for that item will be forwarded under a separate cover. Thank you for your interest in this project. Please feel free to contact Jennifer Murray, Assistant City Manager, at 443-6319 if you have any questions. Very truly yours, �?/21& 0/ -- Cheryl Johnson, CMC City Clerk cc: J&W Farms Orange County Produce MOA International Dr. Victor Wegrzyn Jennifer Murray 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 0 AGENDA ITEM June 3, 1997 TO: George Scarborough, City Manager /Agency Executive Director FROM: Jennifer Murray, DPA, Acting Director of Public Lands and Facilities SUBJECT: Consideration of Selection of Farm Management Firm for Kinoshita Farm Agricultural Preserve (South Coast Farms) RECOMMENDATION: By Motion, select South Coast Farms to provide farm management services for the period of July 1, 1997 through June 30, 1998, for the Kinoshita Farm Agricultural Preserve. SITUATION: On March 18, 1997, the City Council directed staff to solicit proposals for management of the Kinoshita Farm Agricultural Preserve for the period of July 1, 1997 through June 30, 1998. This action was to ensure that the farm would continue in production while a Request for Proposal Process is conducted to solicit long term proposals for operation of the farm property and use of the historic Joel Congdon House. Proposals were solicited for management of the farm property as directed. Two firms submitted proposals in response to the request, South Coast Farms, and Orange County Produce. The current farm manager, J & W Farms, did not submit a proposal. The two proposals are summarized below. South Coast Farms is managed by Dan Manassero and George Kibby. They possess over 35 years experience in farming and are actively using organic production techniques. South Coast Farms has experience in lease farming operations, and is currently farming in San Juan Capistrano on Alipaz Street on land owned by Mr.Tony Forster. At the Kinoshita farm site, South Coast Farms proposes to grow strawberries , lettuces, green beans, cucumbers, peppers, squashes, carrots, radishes, spinach, beets, corn and tomatoes using organic methods. They will market their farm production through the on- site existing farm stand, and they have indicated their intent to upgrade the farm stand. South Coast Farms proposes to compensate the City and Community Redevelopment Agency $44,000 for the use of the property for a one year period. This equates to a rental payment of approximately $1,544 per acre. Reference checks regarding South Coast Farms have been very favorable. FOR CITY COUNCIL AGEX7' e4A Agenda Item 2 June 3, 1997 Orange County Produce operates under the same family ownership as Western Marketing Company of California, which was formed in 1946. Today the third generation of the Kawamura Family continues to grow and market a variety of crops throughout the United States, Canada, Europe, and parts of the Pacific Rim. The firm has been a lessee of the Irvine Company for over 40 years, and has previous San Juan Capistrano farming experience. Orange County Produce was an agricultural tenant of Mr. Charles Vermeulen and Mr.Tony Forster for over 20 years, ending in 1986. Orange County Produce desires to grow a variety of produce at the Kinoshita Farm Site in a progressive manner, which would transition to an organic registration in the future. Their interest is in a longer term use of the property, and their proposal discusses interactive projects with local schools such as gleaning, coordinate hunger projects, and community supported agriculture. Orange County Produce proposes to compensate the City/Agency for the use of the land at a rental of $600.00 per acre. As the farm site is about 28.5 acres, this would equal an annual rental payment of approximately $17,100. Though the rental rate is substantially lower than that offered by South Coast Farms, the proposed community based, participative approach to agriculture is attractive. Copies of both proposals are attached. The request for proposal document identified that proposals were being solicited for use of the property for one year only. As the longer term Request for Proposal process is developed and conducted in the up -coming months, it is important that the farm site not be encumbered after June 30, 1998. This will allow the City/Agency maximum flexibility in considering proposals which may provide for rehabilitation of the adjacent Joel Congdon House and other attractive agricultural uses for a longer term. At this time, it is recommended that the City Council/Agency Board of Directors select South Coast Farms to provide for management of the Kinoshita Farm Agricultural Complex for a one year period commencing July 1, 1997 and ending June 30, 1998. South Coast Farms understands that a longer term request for proposal process will be occurring in the upcoming months, and that they would be required to participate in this process if they wish to be considered after June 1998. Assuming that action is taken this evening, staff plans to return to the City Council/Agency Board no later than July 1, 1997 with a license agreement to reflect this decision. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. 0 Agenda Item FINANCIAL CONSIDERATIONS: r, u June 3, 1997 South Coast Farms proposes to compensate the City/Agency in the amount of $44,000 for use of the property. This represents a substantial increase in revenue from that received during the current fiscal year from J & W Farms. NOTIFICATION: South Coast Farms, George Kibby and Dan Manassero Orange County Produce, A. G Kawamura J & W Farms, John Kotake MOA International Dr. Victor Wegrzyn, Cal Poly Pomona ALTERNATE ACTIONS: By Motion, select South Coast Farms to provide farm management services for the period of July 1, 1997 through June 30, 1998, for the Kinoshita Farm Agricultural Preserve. 2. By Motion, select Orange County Produce to provide farm management services for the period of July 1, 1997 through June 30, 1998, for the Kinoshita Farm Agricultural Preserve. 3. Request further information from staff. RECOMMENDATION: By Motion, select South Coast Farms to provide farm management services for the period of July 1, 1997 through June 30, 1998, for the Kinoshita Farm Agricultural Preserve. Respectfully submitted, J if urrajDPA sistant City Manager Attachments: Proposal from South Coast Farms Proposal from Orange County Produce 0 0 0 SOUTH COAST FARMS 2268 E. Sandalwood Place Anaheim, CA 92806 Telephone: (714) 488-3301 Fax: (714) 563-2268 TABLE OF CONTENTS A. COMPANY DESCRIPTION....................................................................1 G. PROPOSAL...............................................................................................3 H. REFERENCES..........................................................................................3 I. SUMMARY., .............................................................................................. 4 Sou -4,k coast i7c ant Ipkor�,sa I II II II II 0 0 A. Company Description SOUTH COAST FARMS is a California partnership. The partnership was organized to farm strawberries and vegetables in South Orange County. SOUTH COAST FARMS office address is 2268 E. Sandalwood Place, Anaheim, CA. The telephone number is (714) 563-2268. SOUTH COAST FARMS is currently farming in San Juan Capistrano on the Forster property directly across the street from the City Farm at 32612 Alipaz St. There, SOUTH COAST FARMS has planted strawberries, raspberries, vegetables, specialty lettuces and herbs. All production is being done organically at this site. SOUTH COAST FARMS believes that given the proximity of residential neighborhoods and schools the community interests are better served by organic production practices whenever possible. B. Company Management The founders and general partners of SOUTH COAST FARMS are Dan Manassero and George Kibby. All decisions regarding company operations are made jointly. Combined they bring over thirty-five years of experience to South Coast Farms and are on the leading edge of modem conventional and organic production techniques. Dan Manassero, age 41, is a third generation Orange County farmer. Manassero Farms currently leases land in Orange County from the Irvine Company, El Dorado Bank and the Fugita Corporation, along with several other pieces. Dan has twenty years experience as a strawberry grower and in on-site retail sales. He has served on the strawberry advisory board and is recognized as an innovative producer. George Kibby, age 42, is a third generation Californian raised in Orange County. Since leaving Cal Poly Pomona, where he studied International Agriculture, he has worked in the agricultural industry accumulating 15 years of experience. The last eleven years he has been farming in Baja California, Mexico, growing cucumbers, squash, melons, tomatoes and green beans for export on 200 acres. 1 C. Production & Product Description ' SOUTH COAST FARMS is farming organically using state of the art agricultural equipment. The increasing demand for organically produced food has spawned the ' development of organically and biologically derived agricultural fertilizers, fungicides and pesticides. These now make profitable yields possible while at the same time is environmentally friendly. SOUTH COAST FARMS believes for agriculture to coexist within the parameters of urban realities, farmers must make every effort to be good ' neighbors and organically growing produce whenever possible is the right choice. ' At the Kinoshita farm site SOUTH COAST FARMS would grow strawberries, lettuces, green beans, cucumbers, peppers, squashes, carrots, radishes, spinach, beets, corn and tomatoes. This property is currently being farmed conventionally. SOUTH COAST FARMS would farm this property using organic methods. In two more years the farm could conceivably be certified as organic under guidelines established by the California Organic Foods Act of 1990. D. Equipment SOUTH COAST FARMS owns the tractors, implements and drip irrigation equipment necessary to operate a modern agricultural enterprise. Specialized equipment necessary for modern strawberry and vegetable production is leased from Manassem Farms by SOUTH COAST FARMS. Equipment owned by the City would be used and maintained by South Coast Farms. E. Marketing SOUTH COAST FARMS will market the majority of their farm production through an on-site retail location. Careful planning of planting and harvest dates assures a steady supply for year round sales. Selection of varieties for flavor and harvesting at the peak of flavor returns satisfied customers. SOUTH COAST FARMS also markets production through Western Marketing, Fullerton and wholesales directly to local retailers. Records are carefully maintained detailing all wholesale and retail sales and expenses incurred in operating the farm. II II ■ ■ F. On -Site Produce Stand ■ SOUTH COAST FARMS on-site produce stands are clean, landscaped, and tastefully constructed. Product is of the finest quality and displayed artfully. At the Kinosshita site South Coast Farms would upgrade and improve the existing stand creating a setting ■ worthy of the location. ■ G. Compensation ■ SOUTH COAST FARMS proposes to compensate the City with a flat rate fee of forty- four thousand dollars ( $44,000.00) per year. This would be due in quarterly payments of eleven thousand ($11,000.00) dollars each. ■ SOUTH COAST FARMS understands all outbuildings and equipment connected to the farm operation are part of the lease and all utility costs are the responsibility of the ■ licensee. ■ I■ ■ ■ ■ ■ ■ ■ SOUTH COAST FARMS will provide liability insurance for one million ($1,000,000.00) dollars for the duration of the lease. SOUTH COAST FARMS understands the lease is for year only. H. References: Current Leased Farmland South Coast Farms: Tony Forster 714-661-8963 Manassero Farms: 3 ■ Irvine Company Pete Changela 714-720-2292 Fugita Corp. Kamal Yussef 714-779-7951 E PROPOSAL FOR USE OF KINOSHITA FARM SITE SUBMITTED MAY 16, 1997 TO: JENNIFER MURRAY ASSISTANT CITY MANAGER CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 This is a proposal from Orange County Produce, a fanning company, to lease the Kinoshita Farm Site (luring the period beginning July 1, 1997 and ending June 30, 1998. It is the intention of O.C. Produce (OCP), however, to encourage the City of San Juan Capistrano to look upon this proposal as a long term commitment to; agricultural education, community involvement and participation, alleviation of chronic malnutrition, local food security and historical preservation. As society has changed, so has its view of agriculture evolved away from an interactive relationship between urban dwellers and the rural past. The City of SJC has been wise to recognize the important resources that local agriculture can bring to a community. OCP has the ability and the experience to work in a partnership with the SJC community in an agricultural endeavor that will begin with a one year lease and then evolve into a renewal of a `rural civilization" i.e. a City Farm. The format for this proposal will follow the requested list of considerations outlined in the RFP. It is understood by OCP that the City of SJC may return to an RFP format at the end of the one year lease period. This possibility does limit to some extent the long term planning and investment necessary for certain agricultural practices. As a result, the response to certain considerations reflect a one year lease parameter. - 1) RELATED EXPERIENCE: Orange County Produce, operating previously under the same family ownership as Western Marketing Company of California, has been a lessee of The Irvine Company for na0 years. OCP currently leases over 500 acres of row crop ground from The Irvine Company. In addition, Western Marketing Company was an agricultural tenant of Mr. Charles Vermeulen and Tony Forster in San Juan Capistrano over (e20 years ending in 1986. 2) DESCRIPTION OF OCPlWESTERN MARKETING COMPANY: Please see attached Companv I listory. The main goal of OCP is to remain a local grower and distributor of fruits and vegetables providing Southern California with a sustainable source of food. OCP is also committed to educational and humanitarian activities that follow from its agricultural base. 3) PROPOSED USE: Initial soil tests will help determine crop selection. Currently OCP grows an array of fresh produce items in both conventional and certified organic fields (see Farmers Market Certificates). Our intention is to grow a full line of in season produce on the Kinoshita Farm Site in a sustainable, progressive manner, transitioning towards an organic registration. Additionally, OCP is currently working with Ms. Linda Boehm and Principal Jim Sieger of Marco Forster Middle School, Mr. Mike Campbell of U.C. Davis and the non-profit Orange County Harvest on interactive projects with the Farm and School. Activities such as gleaning, coordinated hunger projects, Community Supported Agriculture (CSA) are part of long and short term goals. &fie 000� Pwfm`LQ 5951 Trabuco Road Irvine, CA 92620 (714) 651-9106 FAX (714) 651-9165 I ,_ COUNTYPP, I) MARKETING S I RAI FGY: OCP and fancily owned Ak esicrn Marketing Compam Current mai k. t crops to chain stores. %,hole sale markets, local restaurants_ 1 -armor Markets. other local stands and cndo; s. Our strategy is to allotv marketing to drive production as opposed to producing a :iop and hopin_ i�' .ell it Our planting decisions tuc based on seasonal market forecastine NA'c also plan to c"pand our salv'. mi,, Atc. area of CSA Wapisu,mo supported aeucuhure' ) 5) ON SITE PROD1 (I'_ STAND_ OCP recueni7es Ihat local arotcn produce is If (,Icr. heahhaci .ind potentially more alloidnhle to the local residents of SJC. We plot it, hnnt hack We mn.ning tradaw!) I same day harvest for local residents, knowing that we are able u0 market daily surplus flimugh out oihi t marketine channels Close relationships with other local grortcrS and our ottn aninh pt eduction ttdl help ausment and maintain continuity of produce supplies when necessary_ el EQUIPMF.NI:AII City equipment has agricultural Value to this project and trill be mili7ed tt bci e needed- Most tractor work will be done by small (75HP or less) culti,atim, tractors v+rth inter -crop mound preparation performed by larger tractors (150HP+) OCP will utilize it I own fleet of farm equipment and implements where needed 7) FARMING NIET IOD. In the first halfyear ofthe lease, pending soil and water analysis, OCP mill consider using a sustainable low chemical input methodology. This will allow us to begin transitional soil preparation to registered organic status in the second half of the lease. 8) COMPENSATION. Currently OCP has crop to crop leases with The Irvine Company that ranee front 5200.00 to $1,20000 per acre/per year depending upon the condition/qualitv of the soil and the cop to he grown_ The projected future of any site in terms of'development/building potential is also a lar _c lacior in determining leases OCP i5 accustomed to paving leases on It quaffedv basis and proposes rcni of -acf, uu per acre/per year in quarerly installments This reflects an understanding by O('P of signiticant imestments in soil and Yard improt entents within the framework of an one s car lease ttiih multi-vear uncetwntt As It point of consideration, OCP feels comfortable discussing other methods of compensation mth the ('it% under a longer term lease `t) INSCRANCE_ See policy attachments Current operations will add the ( ifv of SJ( C and Kinoshita Faint Site as insured. 10) RECORDS .NLAI,N I ENHANCE AND ACC'OUN I IN(i_ See attached aceudntint (inaunenl I I ) UTILITIES AND IMPROVEMENTS_ OCP acknowledges its responsibility of water and electrical hillin-,s for farm irrigation as a lessee. OCP also acknowledges its obligations for gas, elern tent end eater usaue as thev pertain to the Farm site barracks/office buildings. 595. Irabuco Road Irvine. CA 92620 (714) 651-9106 FA;:_ 651-916 0 0 MARKETING COMPANY Growers and Shippers of Western Vegetables 210 WEST WALNUT AVE. a FULLERTON, CALIFORNIA 92672 $26.1476 526-1471 e WESTERN MAI2KMWXWC3 COMPANY CAR LOTS MIXSD CARS FOUNDING TRUCK LOTS Western Marketing Company owes its existence to an unusual set of circumstances. As a result of World War II and the evacuation of Japanese Americans from California, Arthur Shinji Kawamura, his wife Kiye, and his son Genji Gene Kawamura found themselves in an internment camp in Gila, Arizona. Eventually after spending some time in this camp they relocated to Colorado. Hoping to restablish a productive life, pending their return to California, the elder Kawamura and his son became involved in the production and distribution of agricultural products in Colorado, New Mexico, and Arizona. HISTORY The present Western Marketing Company was formed in Glendale, Arizona in 1946. Although the firm had expanded and now handled a variety of produce such as lettuce, melons, and cabbage, the decision was made to specialize in the production and marketing of celery. A direct result of this decision was the need to have access to different agricultural regions in order to extend the growing season of celery over a longer period of time. As soon as it became legal for Japanese Americans to return to California, the Western Marketing Company established branches in San Diego County as well as Los Angeles County. This enabled the company to have a seven month celery season from mid November to mid June. With the gradual urbanization of agricultural areas in West Los Angeles, Venice, and Gardena, the Western Marketing Company faced the loss of available land for farming. An important choice had to be made, whether to move to Ventura County or to Orange County. A determination was made to consolidate all operations and branches and move to Orange County in 1953. The move, proved to be a fortuitous one. In moving to Orange County, Western Marketing was exposed and introduced to the then fledgling strawberry shipping industry. This introduction resulted in the eventual expansion of Western Marketing to handle and market strawberries. This same move enabled the company to acquire some agricultural acreage which provided a financial base necessary for the survival of the firm in a very risky business. "WEST ORO" BRAND "WESTERN CHIEF" BRAND "RUIN" BRAND 0 0 7/ MARKETING COMPANY OF CALIFORNIA Growers and Shippers o/ Western Vegetables 210 WEST WALNUT AVE. a FULLERTON, CALIFORNIA 82632 528.1476 526.1431 e CAR LOTS MIX[O CARe YRUCX Lon PRESENT Today the third generation of the family A.G. and Matthew Kawamura continues to grow and market celery, strawberries, green beans, sweet corn and other produce throughout the United States,Canada, Europe and parts of the Pacific Rim. By growing two vegetable crops per year on over 600 acres and drawing on some 250 acres of strawberries, a twelve month growing and shipping operation is possible in the mild Southern California coastal climate. The firm has always stressed quality and service and will continue to do so as it enters its fourth decade in the county. FUTURE It seems that the future of Western Marketing Company in Orange County will eventually be determined by the continued availability of suitable farmland and water. However, agriculture in an urban setting continues to be a challenge that goes beyond scarce resources and economic restraints. It is critical for urban populations to understand the dynamics of food and fibre production in order to recognize the importance of agriculture to society. As agriculture learns to evolve and adapt so must the consumer it hopes to feed and clothe. Western Marketing has learned to produce and provide fresh produce in an urban environment and plans to continue well into the next century. "WBST ORO" BRAND "WESTERN CHIEF" BRAND "BRUIN" BRAND 0 0 BIOGRAPHICAL SUMMARY NAME: Arthur "A.G." Kawamura SPOUSE: Dianne DATE AND PLACE OF BIRTH: August 27, 1956 Los Angeles, Ca. MAIL ADDRESS: Orange County Produce 5951 Trabuco Road Irvine, Ca. 92620 13US PHONE: 714-651-9106 HOME PHONE: 714-374-2040 FAX 714-651-9165 BUS ADDRESS: 5951 Trabuco Road HOME ADDRESS: 1906 Lake Street Irvine, Ca. 92620 Huntington Beach, Ca 92648 EDUCATION: Graduated U.C. Berkeley 1978 CURRENT OCCUPATION: Grower / Shipper B.A. Comparative Literature English /Spanish COMPANY: WESTERN MARKETING COMPANY OF CALIF. POSITION: President COMPANY: ORANGE COUNTY PRODUCE POSITION: Partner COMMODITIES: Strawberries, Celery, Green Beans, Sweet Corn and other specialty crops AGRICULTURAL EXPERIENCE: 1979 - 1986 Sales Manager / Produce Shipper Domestic and Export / Import Sales 1987 - To Present Grower / Manage 800 acres 1989-90 Agricultural Education Foundation Leadership Program Class XX ASSOCIATION IN WHICH CURRENTLY ACTIVE: Orange County Farm Bureau Western Growers Association California Celery Advisory Board California Strawberry Commission Orange County Harvest (Non -Profit) Centennial Farm Foundation (Non -Profit) AEE / ALA (Agricultural Leadership Alumni) USDA Foreign Ag. Service California 32nd Agricultural District POSITION: Past President 1995-96 Director Director Past Director (1985 - 1994) President President Member ATAC Member Fruits &Veg Director 1997 r, , n o ������ LMP02����L�L�d o 5 Certificate of Compliance PSS 5 5 5 Cerlifted Organic 5 NUMBER 97563 5 5 5 CERTIFIED ENTITY Orange County Produce 5 5 5951 Trabuco Road 5 Irvine, CA 92620 5 5 5 CERTIFIED PRODUCTS Mixed fruits & vegetables S 5 5 IDENTIFICATION Orange County Produce, Orange County Produce Organic, �J S5 MARKS Orange County Shares, Western Chief 5 PRODUCT ORIGIN Orange County Produce Organic Newport Avenue Farm 5 Tustin, CA 5 5 EFFECTIVE 12/17/96 To 12/16/97 5 Assurance International, 5 5 Quality upon providing this certification, states that it has received the Certified Entity's application, reviewed its records, inspected its fields and/or facilities; and has determined that the 5 S products identified above are organically grown and/or processed and/or handled in accordance with 5 applicable standards and statutes. 5 In its acceptance of this certification, the Certified Entity warrants, that it is in, and will remain in, full5 compliance with the Terms and Conditions of the Certification Agent; and all applicable standards and statutes. 5 S _HOa� AUTHORI D SIGNATUREQUALITY 11P ASSURANCE INTERNATIONAL12526 High Bluff Drive • Suite 300 • San Diego, California 92130 USA • (619) 792-3531 • Fax: (619) 792-8665 o�� n�r�u�� n� r�u�n��n��������n������n���r��n� 011 S?ATE OF CALIFORNIA • DEPARTMENT OF FOOD AND AGRICULTURE FRUIT AND VEGETABLE QUALITY CONTROL 51-049 (Rev. 8/91) [Zi�i4CtiVE1� it\t Certificate Holder Name Orange County Produce Co. Address 210 W. Walnut City Fullerton, CA 92632 Home Phone Business Phone (714) 526-1476 CER4IED PRODUCER'S CERTIFICATE 4�J CERTIFICATE NUMBER: OC940627E FEE: $4A-00 ISSUING COUNTY: Orange ISSUING DATE: 0 28 97 EXPIRATION DATE: /28/98 LOCATION I: SE NeWaort/17th, Tustin LOCATIONS: 225-227-232-229-304-213-315-512-316 LOCATION 2: Trvine #219-222-223 LOCATION4: 507-502-526-523-525-503 This certificate authorizes the sale at a certified farmers' market those commodities listed below and grown within the issuing county. T-a:sporing commodities into another coca:y(ics) for the purpose of selling at a certified farmers' market within that county(ies) is permitted only in Authorized Counties as listed on this certificate. Est. Production # LOC # COMMODITY/VARIETY Amount/Acreage Harvest Season (Gross Weight) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 This certificate is issue" ,uhder authority of Tide 3, Chapter 3, Article 6.5 of the California Code of Regulations. It authorizes the certified producer to sell produce directly to consumers. Products authorized by this certificate may not be purchased for resale, except products purchased by consumer(s) for nonprofit resale. AUTHORIZED TnF t1nFE es___� COUNTIES Can Ru•`nxi�{nn Richard Le Feuvre by: ertifm Hol r (Signature) Issuing Commissioner Orange County ***THIS CERTIFICATE MUST BE*** CONSPICUOUSLY POSTED AT POINTS OF SALE Original to County Pink to State STATE OF CALIFORNIA • DEPARTMENT OF FOOD AND AGRICULTURE FRUITAND VEGETABLE QUALITY CONTROL PLEASE TYPE OR PRINT Orange County 210 W. Walnut Fullerton, CA Produce Co. 92632 CEWED PRODUCER'S CERTIFICATE (SUPPLEMENT) 51-049S (Rev. 5/94) OFFICIAL USE ONLY CERTIFICATE NUMBER: OC940627E ISSUING COUNTY: Orange ISSUING DATE: 0828 97 EXPIRATION DATE: U/28/98 This certificate authorizes the sale at a certified farmers' market those products listed below and grown within the issuing county. Transporting products into another county(ies) for the purpose of selling at a certified farmers' market within that county(ies) is permitted only in authorized counties as listed on this certificate. Est. Production # LOC # COMMODITY/VARIETY Amount/Acreage Harvest Season (Gross Weight) 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 This certificate is issued under authority of Title 3, Chapter 3, Article 6.5 of the California Code of Regulations. It authorizes the certified produce: to sell their produce directly to consumers. 2, �D Richard Le Feuvre by: "t �, /-Z Certi Hol (Signature) Issuing Commissioner range County I have viewed the above certificate and certify that the information provided is correct and that persons representing me are family members or employees as defined by the regulations cited above. ***THIS CERTIFICATE MUST BE*** CONSPICUOUSLY POSTED AT POINTS OF SALE Original to Producer Yellow to State