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1972-0612_SPEIRS & BEALE & MITCHELL_Lease Agreement E 1 LEASE AGREEMENT 2 3 This Agreement is made this 12th day of June, 1972, by and 4j between Donald Speirs , Edward. Carson Beale and Natalie T. Mitchell , 5 hereinafter called "Lessor" , and the City of San Juan Capistrano, 6hereinafter called "Lessee" . 7 WITNESSETH: 8 WHEREAS Lessor is the owner of certain real property located � P P Y 9j in the City of San Juan Capistrano, County of orange, State. of Cali- 10E fornix, more particularly depicted in red on Exhibit "A" attached 111 hereto and by this reference made a part hereof; and 121 WHEREAS , the said real proPerty, hereinafter called "Mini- 13i Park" has, for some time, been used as a miniature park area in the 14j City of San Juan Capistrano, and 15. WHEREAS , Lessor desires that the foregoing use continue on 1611 an interim basis, 17 NOW THEREFORE, Lessor and Lessee agree as follows : 18 1. Demise of Propert : Lessor hereby leases to Lessee and 29 Lessee hereby hires from Lessor that certain property, herein referred __20 to as the "Mini-Park" , and depicted in Exhibit "A" herein. 21 2. Term: The term of this .lease shall be on a month to 22 month basis , commencing July 1, 1972, and shall be subject to cancel- 23 lation by either party upon the giving of thirty (30) days prior 24 written notice thereof. 25 � 3. Rent: For and during the term of this lease, Lessee 3 26i,, shall pay to Lessor as rent for the leased premises the total sum of 4k 2711 One Dollar ($1. 00) per year payable upon the execution hereof and on l� 28l July 1, 1973 , and every lst day of July thereafter so long as this 29 !1 lease shall remain in effect. �1 38 4. Use of Premises : The Mina.-Park shall be used in its 3 3:. 3I existing condition as a miniature park site, 32 k EE ii I, E : li 3 I; �E } I� k �I '! 5. Covenants : t li € 2 a. There shall be no furthek improvements trade to or � 3 E i� upon said property; li I b. City, at no titre, stall incur nor shall it have any obligation to maintain the Mini-Park; and j C. Lessor shall keep and maintain public liability i ' ire.7uran.ce coverage upon Mini-Park in the minimum amounts of $100, 000, 00 :E 8j, for each individual , $300, 000,. 00 for each occurrence and $25, 000. 00 for property damage. d. Less=ee shall place the aforesaid pini-Park within the coverage of its public liability insurance policy. 22 C. Lessor agrees to and shall keep and hold Lessee I free and harmless from any and all liability that may occ=ur or arise i� 0 Dy :i.W l."i e D1_ this agreement off. the c=on Li sued use of said property as I miniature prF i. - it .. f. Lessee agrees to pay the rent herein_ reserved, use Wil the premises for the purpose herinbefore stated, and to surrender the 1811 leased premises on expiration of term in as good condition as they now are, reasonable wear and tear excepted. 201 Executed the day and year first above written. h 21 LESSOR: t 1f II Dona d ei rs 23 24 ! Edward Carson Beale 2Y E 27 Natal, e T. Mitchell � 281 LESSEE: - 291 City of San Juan Capistrano �- 30 By Mayor 31 ATTEST - 321 City Clerk W,2._.. y . t�3Sj 1 $4 Ac !OO Z 0 SRA , r n • � (Q1 3 � Lor 5 SIA C. 'c 29L K. 5 ®� a 4 3 1 � 5• $ �; 3� E'C CAMINO ,� REAL ---�— � NC 1��. ,ti. U') is 6,q 7 19 �' S. SAN `� /; —� crv, ;.F P0,q LOT rqANO o'er' �- __— cAPls TRA NO 00 U S 1011 A10 rE — ASSESSOR'S BLOCK ASSESSOR'S MAP r 1 to y H ta° ' 3 ., : r 6,n &W, X�a r 7 Az fAY 111973 CJTYI wAW .: : cAplarFtANO 32400 PASEO'R08LA:57TO SAN JUAN CAPISTRANQ,CFlyF{3RNIA 92675 $ HC331'F� 493-1171, § 4 Y. V February 25, 1980 Carolyn Nash, President SAN JUAN BEAUTIFUL, INC. P. 0. Box 301 San Juan Capistrano, California 92693 City Maintenance of Re: Ca.t MarnteMini-Park Dear Mrs. Nash: At their meeting of February 20, 1980, the City Council accepted responsibility for maintenance of the Acini-Park, as requested by your organization. If we can be of any further assistance, please do not hesitate to let. us know. Very truly yours, 1,7(MRS) MARY ANN HAN©VER, CMC City Clerk MAH/c j cc: City Manager AGENDA I'T'EM February 20 , 1980 TO: Honorable Mayor and City Council FROM: James S. Mocalis , City Manager SUBJECT: Request for City Maintenance of Mini-Park (San Juan Beautiful. , Inc . ) SITUATION: The City has leased the Mini-Park on Camino Capistrano from the owners since 1969 , and San Juan Beautiful has provided the maintenance for the Park during this period. San Juan Beautiful would like to be relieved of this volunteered responsibility, so they may more sub- stantially contribute to the on--going street tree planting program they have supported for many years . FINANCIAL CONSIDERATIONS : San Juan Beautiful is currently paying approximately $650. 00 per year for the maintenance work, which includes weeding, fertilizing, and watering services . It is not anticipated that it would cost the City more than this to take over the maintenance . ALTERNATE ACTIONS : 1 . Relieve San Juan Beautiful from their maintenance operation, and use City forces for maintenance . 2 . Request San Juan Beautiful to continue their maintenance operation. RECOMMENDATION: By motion, relieve San Juan Beautiful from their maintenance opera- tion and use City forces for maintenance . Respectfully submitted, /James S. Mocalis r JSM: ch Attachments Y ty 6" ILI c)ay,j- 11 F P4 '00 F br,aary 5, 198 >.. u, tl ( 3 ' r , 115J City Council City of San Juan. Capistrano G 32400 Waseca Adeleanto San J'aan Ca-pistrano, Ca. 92673 s Rem 11ai..ntenance of Mini-Park Dear Mayor Fri ess and Councilmen: 3, Say? Juan Bea:xtifu.l wou.ls.. like to ask the City of Sm Juan Ir`, Gap?styano to take over the maintenance of the Nvl ni-_.�arkll yy located at the corner of Camino Capistrano and ` orba Street® Although the City ,gas leased. this pr�Rper Jar from the, owners since 1969, San Juan 3, eautiful has been responsible for and has)icy to provide the, maintenance for the par17,- during t1 i.s t i r,10® Originally, the members maintained the park themselves on a volunteer basis. Eowever, duxing the _past three years, it has, become i icrea6in ly physically diffi <:,aalt of our i�eimbers to ri ai ntai n the t)ar , and we have: had to hire pro- fe siona,l gardening and " iter , .:, 301'v.i_cer`_ . These pa.'l'afessional services have been costinE rain.: or-ani za ti.ran approximately 1$650 a year. As you movrthe goals of our organization are the continual b as tii.1-cation of the City rcru. h our contributions of ,funds to the City for the; on-going strut tree alantins prograbq, landscaping of specific public areas, contributions to other organizations for landscaping, pro eets, and ether pu.blitic awareness programs such ::mss thea nu.al San J upai Bea�ati.:ful Co,:�nerca_a-L , eautif cr ti,,)r. Awards. We :Elan to cant nu.e these pro jects, �oti� oxer, tho pe rcen.tage of our 'budget now required to maintain the park .is substantial d reduces our ability to contribute to these programns. `de think that the money we spend on these prograrf>s .is ore bene- ficial to the City th,,_i:rL that spent on our of the M i.nj--Pa k. �,ie also have reason to believe that the tota: cost to the City for the maintenance would be .Less that .Arhat our ori anIzati on is currently :paying . The Mini-Park provides a focal poiait in the do�TAtiovTn area f"Or oc sraux ity gatherings, and creates ass intimate small-town atmos- phere in the center of the co.iagercia_L district �einich draws the pudic to the area. It is the only open ,sp,ix e along Camino Capistrano whi.ch is currently available for a-ny public funct i can and we feel this use should be continued as long as -possible® City Council Page 2 February 5, 1980 For the reasons listed above, and because the future use of this property is vmcertain, San Juan Beautiful is asking that the City immediately assume the responsibility for only the current level. of maintenance of the Mini—Park which includes watering and fertilizing of trees, plants, and planters and weeding of all of the park. We hope the City will look favorably upon this request for the 'benefit of our organization and the entire community® Sincerely, SAN JUAN BEAUTIFUL, INC. Carolyn J. Nash President CN:cs 1. Fed, �''`''''` �: ✓ ,- 3 • Pana 3.24:C3C3 PA'SE'¢ AIIE1..At1°FC SAN J A PfSTRANO CL�.4Fi`1R6VIc4 92675 JAMES F. THORPE, MAYOR UONA1.,Cf G. WElS3NER JOSH GAMMELL, MAYOR PRO-TEM CITY MANAGER ROY L. BYRNES, COUNCILMAN EDWARD S. CHERMAK, COUNCILMAN JAMES K. WEATHERS, COUNCILMAN July 5, 1.372 Mrs . Natalie T. Mitchell 30611 Calle Chueca San. Juan Capistrano, CA 32675 Dear Mrs. Mitchell : Enclosed are three copies of a proposed agreement between. the City and your group on the lease of the "mini park. " The agreement contains those provisions as we recall them in our discussions with you and outlined in your letters to us . If satisfactory, please return two executed copies to us and retain one for your files . Please call me if you have any questions . Our lease payment will follow receipt of the two executed agreements. Sincerely, CITY OF SAN JUAN CAPISTRANO n DONALD G. WEIDNER DGW/ak Enclosures MEMORANDUM June 6, 1972 To: Donald G. Weidner, City Manager From: Phillip R. Schwartze , Secretary, Parks & Recreation Commission Subject: Mini-Park Please be advised that the Parks & Recreation Commission during a regular meeting held June 5, 1972, discussed the proposed Mini-Park lease. Attached herewith is a minute extract of the action taken, Respectfully submitted,, Phillip R. Schwartze RPS: rm Attach FOR CITY COUNCIL; MINUTE EXTRACT FROM PARKS & RECREATION COMMISSION MEETING OF JUNE 5, 1972 "C. Mani--Park Secretary reported that the City had received a request from the owners of the property on the corner of Camino Capistrano and Yorba Street to enter into a formal lease agreement on the property for use as a park site , for the sum of $1.00 per year. Considerable discussion followed on the review of items suggested by the City Manager in his memo under date of May 23 , 1972. Commissioner Surles expressed concern of the method now used to water the plantings in the park and that maybe a simple water line could be installed by the Public Works Department in order to eliminate the awkward and inconvenient way of "borrowing" water from the adjacent property owner. In speaking for the San Juan Beautiful Committee , Mrs . Surles suggested the Com- mission ask the Director of Public Works of the installa- tion of a meter and the pipe line could be accomplished by City crew, in behalf of the City and the community. Commissioner Arps moved to recommend to City Council they do not enter into a lease agreement on the Mini-Park. Motion died for lack of a second . Commissioner McCary moved to recommend to City Council to enter into an agree- ment with the parties involved regarding the Mini-Park, lease to the City. Motion seconded by Commissioner Surles, vote failed to carry by 3 to 3 . Discussion followed on possible conditions being imposed with respect to the lease . Commissioner Boucher moved to recommend to City Council to enter into an agreement with the parties involved re- garding the Mini-Park lease to the City, subject to the following conditions : 1) That a hold--harmless clause on the part of the City be imposed in the lease 2) That liability insurance as recommended by the City' s agent be obtained 3) That no physical improvements be imposed on the property, and 4) That no maintenance be required on the part of the City. Motion seconded by Commissioner McCary, vote carried 5 to 1 Commissioner Arps voting "no" . " a MEMORANDUM May 23 , 1.972 TO: Phillip Schwartze, Secretary Parks & Recreation Commission FROM: Donald G. Weidner City Manager SUBJECT: Proposed City Lease of "Mini Park" At its meeting of May 22, the City Council received a request from the owners of the property on the southeast corner of Camino Capistrano and Yorba Street to enter into a formal lease agree- ment on the property for use as a park site, A copy of the letter from the property owners is attached. The City Council has asked that the Parks & Recreation Commis- sion review and report back on the proposal at the earliest possible date. In its report, the Commission has been asked to give particular attention to: (1) Necessity of a hold harmless clause on the part of the City. (2) Advisability of liability insurance in addition to that carried by the property owners. (3) Need, if any, for physical improvements on and bordering the property. (4) Responsibility for maintenance of the parksite when under City lease. (5) Benefits to the City versus the cost for leasing as well as an estimated time the property would be available under any proposed lease. A copy of a second letter from the property owners which clarifies some of the items in their original request is attached for your information. This second letter has not been before Council yet but may serve to present a clearer picture to the Commission. Please let me know if z can assist you or the Commission in this assignment. Donald G. Weidner DGW/ak cc: City Attorney Attachments 30611 Calle Chea San Juan Capistrano May 18 ,1972 Mr. Donald Weidner City Manager City Hall San Juan Capistrano , California Dear Mr. eidner$ Regarding the lease with the city of San Juan Capistrano for the Mini-part-Parking lot property, Mr. Donald Speirs (one of the principals) was contacted. He informed. me that our insurance policy on the property covers us as follows$ I00®000 for each individual 300,000 for each oco rene $25000 property damage The principals feel that the city should cover any costs incurred over and above those included in our existing policy. We do not wish the city to make any Improvements to or on the property. We wish the lease to be a simple month to month, or for one year with a C(thirty) day cancellation clause, can- cellation to be at the discretion of the owners. If the city attorney feels other than the above should e included to protect beth the city and us, we would ap- preciate said information. Forward the lease when completed to me. I will see that the other prineipals sign. Sincerely, 7 ' A ,j Natalie Ta Mitchell y..........................................—_ MAY 2 21972 R. FOR CITY COUNCIL . . op W PIS-rRANO ���� 30611 Calle Chueca San Juan Capistrano May 18 ,1972 Mr. Donald Weidner City Manager City Hall San Juan Capistrano , California Dear Mr. Weidner: Regarding the lease with the city of San Juan Capistrano for the Mini-part-Parking lot property, Mr. Donald Speirs (one of the principals) was contacted. He informed me that our insurance policy on the property covers us as follows: 100,000 for each individual 300,000 for each occurence $25,000 property damage. The principals feel that the city should cover any costs incurred over and above those included in our existing policy. We do not wish the city to make any improvements to or on the property. We wish the lease to be a simple month to month, or for one year with a 30( thirty) day cancellation clause, can- cellation to be at the discretion of the owners. If the city attorney feels other than the above should be included to protect both the city and us, we would ap- prec%ate said information. Forward the lease when completed to me. I will see that the other principals sign. Sincerely, , R ' Natalie T. Mitchell w ............................._....... ...........,, MAY 2 21972 CITY, OF SAN JUAN CAPISTRANO 30611 Calle Chueca San Juan Capistrano April 309 1972 Mr. Donald Weidner # Cityb Manager City Hall San Juan Capistrano Dear Mr. Weidners Pursant to our conversation at the Chamber of Zommerce breakfast, 1 would like to make a presentation to the City of San Juan Capistrano. The City is now using as a parking lot and Mini-Park . ` two parcels of land registered as Parcel 124-60-16, 124-16o-1$ with the County of Orange. T3ie owners of said parcels are: Donald Speirs Edward Carson Beale Natalie T. Mitchell Since this property is a commercial project for the -owners , they hope to build on it or sell it in the wear future. Meanwhile , we would like to lease it to the City of San Juan Capistrano on a one dollar ($1 .00) a year basis with a thirty ( 30)day notice of agreement cancellation. Would you have your city lawyer draw up the lease and I can have the owners attest to said agreement. c. Sincerely, az ! Natalie T. Mitchell --� cc. E. Peale D® Speirs i! FOR CITY COUNCIL 9 MAY 3 797,- CITY SA�l.JBAil WtsrRAH0J CALIFOARIA L2 ..XCENOA C� iU — 0