13-0306_TOLMASOFF, TOM & TANYA/ BAYO, FRANK_License AgreementLICENSE AGREEMENT
This License Agreement is entered into this 6th day of March 2013, by and between
the City of San Juan Capistrano (hereinafter "City"), and Frank Bayo, Tom Tolmasoff, and
Tanya Farmakis-Tolmasoff, a general partnership, doing business as Mountain Pines
Christmas Tree Farm (hereinafter collectively "Licensee").
RECITALS
WHEREAS, the City is the owner of APN 650-023-09, approximately 2.04 acres and
APN 650-023-08, approximately 0.27 acres of property located in the City of San Juan
Capistrano, which property was acquired to be maintained as open space within the City; and
WHEREAS, at the time of acquisition, the property included an existing Christmas
Tree Farm that was identified as a use to be continued on this property; and
WHEREAS, the Licensee desires to use the approximate 1.5 acre portion located at
the north end of APN 650-023-09 ( Exhibit A - "Area A — Tree Farm") (hereinafter "Area A")
to continue the existing use as a Christmas tree farm; and
WHEREAS, the Licensee desires to use the southerly 0.54 acre portion of APN 650-
023-09 and APN 650-023-08 (Exhibit A — "Area B — Special Event Parking Only")(hereinafter
"Area B") for parking only during special events as approved by the City.
NOW, THEREFORE, City and Licensee hereby mutually agree as follows:
Section I. Scope of License.
City hereby grants to Licensee a license to establish and maintain a Christmas tree
farm on that 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 agrees each year during the term of this Agreement to replant at
least one quarter (114) of Area A —Tree Farm with new pine trees. Licensee agrees to pay all
operational costs for Christmas tree farm purposes.
Section 2. Water.
Water is available to the LICENSEE at the Property from an agricultural well.
Licensee is required to pay its pro -rata share of all costs required in keeping the water
system operational, including but not limited to power, repairs and on-going maintenance.
LICENSEE also has water available through the City's water system and is required to pay
for any water billed through this meter at the agricultural rate currently in effect at the time
the water is used.
Section 3. Additional Uses.
Area A — Licensee shall be permitted to grow strawberries, pumpkins, squash and
other vegetables and conduct vendor fruit stand activities on Area A. However, the
installation and site plan layout of the fruit stand shall first be subject to written approval by
the City.
Licensee shall be allowed to conduct Halloween and Christmas Season events annually as
outlined in this section. In order to conduct these events, the Licensee shall submit a special
activities permit application, covering the period from the first Friday in October through
December 24 of each year. no later than July 1 of each year. Such application must be
deemed complete by the City, otherwise no events shall occur.
Halloween Season — The Halloween Season shall begin the first Friday in October and
continue through October 31 of each year. During this time, the Licensee may conduct a
pumpkin patch or seasonal event on Area A after having been issued a special activities or
other required permit by the City.
Christmas Season — The Christmas Season shall begin the day after Thanksgiving and
continue through December 24 of each year. During this time, the Licensee may conduct a
Christmas or seasonal event on Area A, including the sale of trees grown on the Property
after having been issued a special activities permit by the City.
Licensee shall be allowed to use the fruit stand on the Property for purposes of selling items.
The Licensee shall be allowed to have a temporary tent erected during the period of time
covered by the Special Activities Permit. However, no special activities, other than clean-up,
and set-up shall occur from November 1 through Thanksgiving Day. Additionally, should
Licensee desire to import pumpkins for sale during the Halloween Season or Christmas trees
for sale during the Christmas Season on the Property, such importation and sale shall be
subject to written approval by the City.
Area B — Licensee shall be permitted to use the southerly portion of the Area B
located on APN 650-023-08 for parking purposes only during special events that have been
issued a Special Activities Permit by the City. No parking shall be allowed in this area at any
other time. The portion of Area B located on APN 650-023-09 shall be for pedestrian access
only to and from the event parking area. No other uses shall be allowed on Area B.
Section 4. Compensation.
As consideration for use of the Property, Licensee shall pay the City six percent (6%)
of the total annual gross sales, or $1,500 whichever is greater. On January 1, 2014, the
base payment amount will be increased by 5% ($1,575); on each January 1St thereafter,
beginning on January 1, 2015, the base will be increased based on the Consumer Price
Index (CPI) —All Urban Consumers for Los Angeles -Riverside -Orange County, CA area from
March to March. This payment shall be made in January of each year in the form of a check
made payable to the City. Licensee shall provide an accounting of all sales made on the
Property when the check is submitted to the Licensor and make available all financial
records of all operations to the Licensor, if requested, for purposes of conducting an audit to
2
ensure compliance with this Section. Records shall be presented to the City Finance
Department within ten (10) business days.
Section 5. Term.
The term of this Agreement shall be effective from the date of execution of the
Agreement until March 5, 2018.
Section 6. Default.
In the event of a default by Licensee, Licensor shall give Licensee thirty (30) days'
written notice to cure the default. The notice shall specify in reasonable detail the nature
and extent of the default. If the nature of Licensee's obligation is such that more than thirty
(30) days are required for performance, then Licensee shall not be deemed to be in default if
it shall commence such performance within such thirty (30) day period and thereafter
diligently prosecute the same to completion. If the default is not cured by licensee, then
Licensor may immediately terminate this Agreement.
Section 7. City's Camino Capistrano Road Widening Project.
City has plans to widen Camino Capistrano as it abuts the Property. This road
widening project may necessitate the City utilizing a portion of the Property (more
particularly, approximately thirty feet (30') in width running the full length of the Property
along Camino Capistrano) during the term of this Agreement. Accordingly, the City reserves
the right to take possession of any of the Property deemed necessary to accomplish the
road widening during the term of this agreement without any compensation or adjustment
due to Licensee. City will provide a minimum of sixty (60) calendar days advance notice of
City's intent to utilize the needed property.
Section 8. Condition of Property.
Licensee accepts the Property in its present condition upon execution of this
Agreement. Licensee agrees, at Licensee's expense, to use reasonable care to control all
weeds growing on Property; keep the Property clean of trash, debris and rubbish; and to
keep fences, ditches and borders of the Property in good condition and repair at all times,
reasonable wear and tear expected. The duly authorized representative of City may enter
upon the Property at a reasonable time for the purposes of inspection and to perform any
necessary maintenance or repair.
Section 9. Site Modifications.
Any modifications to the Property, including removal of trees other than the
Licensee's stock, or expansion into the currently unused portion of the Property, will require
prior City Council approval.
Section 10. Insurance.
Licensee shall maintain at all times during the term of this Agreement comprehensive
general liability and property damage insurance in the amount of not less than One Million
Dollars ($1,000,000) combined single limit. City shall be named as an additional insured on
said policies. Other terms and conditions, including cancellation provisions and
endorsement forms, shall be reviewed and approved by the Office of the City Attorney.
Section 11. Indemnity.
Licensee shall defend, indemnify and hold harmless City, its elected and appointed
officials, officers, employees and agents from and against any and all claims, demands,
suits, actions and proceedings, of any kind or nature, for damages to property or injuries to
or death of any persons arising out of Licensee's actions and activities as Licensee of the
subject Property.
Section 12. No Assignments.
Licensee shall not assign its rights under this Agreement to any third party without the
advance written consent of the City.
Section 13. Notices.
All notices, demands, consents, or other communications required to be given under
this Agreement shall be accomplished by first class mail, postage prepaid, and deposited in
the U.S. mails, or personally served upon the other party.
Licensor:
City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Section 15. Attorney's Fees.
Licensee:
Tom Tolmasoff and
Tanya Farmakis-Tolmasoff
27222 Cordero Lane
Mission Viejo, CA 92691
Frank Bayo
387 Magnolia Ave., 103-524
Corona, CA 92879
In the event any legal action or proceeding is commenced to interpret or enforce the
terms of, or obligations arising out of this Agreement, or to recover damages for the breach
thereof, the party prevailing in any such action or proceeding shall be entitled to recover
from the non -prevailing party all reasonable attorney's fees, costs and expenses incurred by
the prevailing party.
Section 16. Entire Agreement.
This agreement contains the entire Agreement of the parties hereto with respect to
the matters covered hereby, and no other previous agreement, statement or promise made
4
by any party hereto which is not contained herein shall be binding or valid.
Section 17. Taxes.
Pursuant to Revenue & Taxation Code §107.7, the property interest created herein, if
any, may be subject to property taxation and LICENSEE may be subject to property taxes
levied on such interest, if any. In no event shall LICENSOR be liable for any taxes owed as
a result of this License or Licensee's use of the Premises.
Section 18. No Relocation Benefits.
This License is not intended to convey a property interest but to permit Licensee to
use the Premises as provided for herein. Licensee acknowledges the rights granted by
State and/or Federal Relocation Assistance Laws and regulations and, notwithstanding any
other provision of this License, expressly waives all such present and future rights, if any, to
which Licensee might otherwise be entitled from Licensor or the City of San Juan Capistrano
with regard to this License and the business operated on the Premises. Licensee shall not
be entitled to relocation assistance, relocation benefits, or compensation for loss of goodwill
upon the termination of this License.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
ATTEE
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APPRIwwr0 i rvrtrvi.
By:
Hans Van Ligten, City Attorney
CITY OF SAN JU*N CAPISTRANO
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APN: 650-02309
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Exhibit A
Today's Date: March 5, 2013 Transmittal Routing
(Check All That Apply)
City Attorney
City Manager
❑✓ City Clerk
FINAL CONTRACT TRANSMITTAL
COUNCIL MEETING DATE (if applicable): March 5
❑✓ Reviewed as to form by City Attorney and date approved
Project Manager's Last Name: Salcedo
CIP No. (if any):
APPROVING AUTHORITY: (Check One)
Phone Extension: 6317
❑✓ Mayor ❑ SACRA Chair
❑ City Manager ❑ Oversight Board Chair
❑ SJCHA Chair
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded —only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any parry to receive an agreement — unless the mailing address is
included within the body of the agreement:
Names
Street
city
St Zi
Mountain Pines ChrisVnaa Tree Fann
27222 CorAem Lane
Mission Yep
CA 92991
OTHER INSTRUCTIONS:
Christmas Tree Farm agreement
Farm Dale: 92012 D-7
a ` 3/5/2013
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6
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and City un Members
FROM: Karen P. Brust, City n
Prepared by: Cathy alc ecutive Services Manager
DATE: March 5, 2013
SUBJECT: Consideration of a Five -Year License Agreement for the City -Owned
Property Located at the north end of APN 650-023-09 and 0.54 acre
portion of APN 650-023-09 and APN 650-023-08 (Mountain Pines
Christmas Tree Farm)
RECOMMENDATION:
By motion, approve a new five-year License Agreement with an additional five-year
option to renew with Mountain Pines Christmas Tree Farm.
EXECUTIVE SUMMARY:
The Mountain Pines Christmas Tree Farm has indicated that they wish to extend their
current License Agreement for the approximately 1.5 usable acres of City -owned
property located at the north end of APN 650-023-09 (Area A — tree farm) and 0.54 acre
portion of APN 650-023-09 and APN 650-023-08 (Area B - special event parking)
(Attachment 1, Exhibit A). The new Agreement would be for a period of five years,
expiring in March 2018. The current Agreement expires in 2015 (Attachment 2);
however, the Lessees are in the annual process of purchasing seedlings for growth in
the upcoming calendar years and would like to enact a new, longer Agreement to
accommodate its investment.
As part of the evaluation for an extended Agreement, staff has evaluated the current
use and zoning for the property. The property is a remnant parcel, approximately two (2)
acres alongside the 1-5 Freeway. The usable portion for growing Christmas trees is
approximately 1.5 acres. The property is zoned as General Open Space (GOS) and the
2006 Open Space Master Plan establishes policies consistent with permitting the
continuation of the "tree farm" use. Other allowed uses in the GOS Zone District are
attached (Attachment 3) and include archery ranges; cemeteries; church; religious or
fraternal facility; driving range; equestrian facilities; passive recreation facilities; and
nature studies. The current use is much less intensive than other permitted GOS uses
consistent with the Open Space Master Plan.
City Council Staff Report
March 5, 2013
Page 2 of 3
DISCUSSION/ANALYSIS:
The City's acquisition of the site in 1992 included the Christmas tree farm parcel. It has
been utilized for this purpose since then under two other operators. In 2006, the City
Council approved a license agreement with Mountain Pines Christmas Tree Farm.
Mountain Pines has been current in its lease payments and has maintained the property
appropriately. The current Agreement requires that the Licensee replant at least one
quarter of the tree farm with new pine trees each year and pay all operational costs,
including water usage, for the farm purposes.
The current use is a live Christmas Tree Farm which provides live, fresh cut Christmas
trees during the Christmas holiday season and also a fall pumpkin patch during the
Halloween/fall holiday time to residents in the City and surrounding areas. The Mountain
Pines Christmas Tree Farm owners have been utilizing the property for the intended
purpose, abiding by City rules and regulations, and would like to expand to sell fresh
fruits and vegetables via a farmer's market type of fruit/vegetable stand, which is
permitted on the property and subject to written approval of the site plan by the City.
FISCAL IMPACT:
The current Agreement requires a 6% of total annual gross sales or $1,500 derived from
all sales on the property, whichever is greater to be paid to the City. Under the new
Agreement, the base price of $1,500 would be increased by 5% effective for calendar
year 2014; with an annual 5% increase thereafter. The City received a total of $3,940.00
as its share of gross sales for calendar year 2012; a total of $10,017.60 has been
received by the City for its share of gross sales for calendar years 2010, 2011, and
2012.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
• On April 6, 2010, the City Council approved the current License Agreement.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Tom Tolmasoff and Tanya Farmakis-Tolmasoff
John and Erin Tolmasoff
Frank Bayo
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City Council Staff Report
March 5, 2013
Page 3 of 3
ATTACHMENT(S):
Attachment 1 — Draft License Agreement
Attachment 2 — Current License Agreement
Attachment 3 — City Municipal Code Section 9-3.309 — Open Space Districts
LICENSE AGREEMENT
This License Agreement is entered into this 6th day of March 2013, by and between
the City of San Juan Capistrano (hereinafter "City"), and Frank Bayo, Tom Tolmasoff, and
Tanya Farmakis-Tolmasoff, a general partnership, doing business as Mountain Pines
Christmas Tree Farm (hereinafter collectively "Licensee").
RECITALS
WHEREAS, the City is the owner of APN 650-023-09, approximately 2.04 acres and
APN 650-023-08, approximately 0.27 acres of property located in the City of San Juan
Capistrano, which property was acquired to be maintained as open space within the City; and
WHEREAS, at the time of acquisition, the property included an existing Christmas
Tree Farm that was identified as a use to be continued on this property; and
WHEREAS, the Licensee desires to use the approximate 1.5 acre portion located at
the north end of APN 650-023-09 ( Exhibit A - "Area A — Tree Farm") (hereinafter "Area A")
to continue the existing use as a Christmas tree farm; and
WHEREAS, the Licensee desires to use the southerly 0.54 acre portion of APN 650-
023-09 and APN 650-023-08 (Exhibit A —"Area B — Special Event Parking Only")(hereinafter
"Area B") for parking only during special events as approved by the City.
NOW, THEREFORE, City and Licensee hereby mutually agree as follows:
Section I. Scope of License.
City hereby grants to Licensee a license to establish and maintain a Christmas tree
farm on that 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 agrees each year during the term of this Agreement to replant at
least one quarter (114) of Area A— Tree Farm with new pine trees. Licensee agrees to pay all
operational costs for Christmas tree farm purposes.
Section 2. Water.
Water is available to the LICENSEE at the Property from an agricultural well.
Licensee is required to pay its pro -rata share of all costs required in keeping the water
system operational, including but not limited to power, repairs and on-going maintenance.
LICENSEE also has water available through the City's water system and is required to pay
for any water billed through this meter at the agricultural rate currently in effect at the time
the water is used.
ATTACHMENT 1
Section 3. Additional Uses.
Area A — Licensee shall be permitted to grow strawberries, pumpkins, squash and
other vegetables and conduct vendor fruit stand activities on Area A. However, the
installation and site plan layout of the fruit stand shall first be subject to written approval by
the City.
Licensee shall be allowed to conduct Halloween and Christmas Season events annually as
outlined in this section. In order to conduct these events, the Licensee shall submit a special
activities permit application, covering the period from the first Friday in October through
December 24 of each year. no later than July 1 of each year. Such application must be
deemed complete by the City, otherwise no events shall occur.
Halloween Season — The Halloween Season shall begin the first Friday in October and
continue through October 31 of each year. During this time, the Licensee may conduct a
pumpkin patch or seasonal event on Area A after having been issued a special activities or
other required permit by the City.
Christmas Season — The Christmas Season shall begin the day after Thanksgiving and
continue through December 24 of each year. During this time, the Licensee may conduct a
Christmas or seasonal event on Area A, including the sale of trees grown on the Property
after having been issued a special activities permit by the City.
Licensee shall be allowed to use the fruit stand on the Property for purposes of selling items
during these events. The Licensee shall be allowed to have a temporary tent erected during
the period of time covered by the Special Activities Permit. However, no events or activities,
other than clean-up, and set-up shall occur from November 1 through Thanksgiving Day.
Additionally, should Licensee desire to import pumpkins for sale during the Halloween
Season or Christmas trees for sale during the Christmas Season on the Property, such
importation and sale shall be subject to written approval by the City.
Area B — Licensee shall be permitted to use the southerly portion of the Area B
located on APN 650-023-08 for parking purposes only during special events that have been
issued a Special Activities Permit by the City. No parking shall be allowed in this area at any
other time. The portion of Area B located on APN 650-023-09 shall be for pedestrian access
only to and from the event parking area. No other uses shall be allowed on Area B.
Section 4. Compensation.
As consideration for use of the Property, Licensee shall pay the City six percent (6%)
of the total annual gross sales, or $1,500 whichever is greater. On January 1, 2014, the
base payment amount will be increased by 5% ($1,575); on each January 1" thereafter,
beginning on January 1, 2015, the base will be increased based on the Consumer Price
Index (CPI) —All Urban Consumers for Los Angeles -Riverside -Orange County, CA area from
March to March. This payment shall be made in January of each year in the form of a check
made payable to the City. Licensee shall provide an accounting of all sales made on the
Property when the check is submitted to the Licensor and make available all financial
records of all operations to the Licensor, if requested, for purposes of conducting an audit to
E
ensure compliance with this Section. Records shall be presented to the City Finance
Department within ten (10) business days.
Section 5. Term.
The term of this Agreement shall be effective from the date of execution of the
Agreement until March 5, 2018.
Section 6. Default.
In the event of a default by Licensee, Licensor shall give Licensee thirty (30) days'
written notice to cure the default. The notice shall specify in reasonable detail the nature
and extent of the default. If the nature of Licensee's obligation is such that more than thirty
(30) days are required for performance, then Licensee shall not be deemed to be in default if
it shall commence such performance within such thirty (30) day period and thereafter
diligently prosecute the same to completion. If the default is not cured by licensee, then
Licensor may immediately terminate this Agreement.
Section 7. City's Camino Capistrano Road Widening Protect.
City has plans to widen Camino Capistrano as it abuts the Property. This road
widening project may necessitate the City utilizing a portion of the Property (more
particularly, approximately thirty feet (30') in width running the full length of the Property
along Camino Capistrano) during the term of this Agreement. Accordingly, the City reserves
the right to take possession of any of the Property deemed necessary to accomplish the
road widening during the term of this agreement without any compensation or adjustment
due to Licensee. City will provide a minimum of sixty (60) calendar days advance notice of
City's intent to utilize the needed property.
Section 8. Condition of Property.
Licensee accepts the Property in its present condition upon execution of this
Agreement. Licensee agrees, at Licensee's expense, to use reasonable care to control all
weeds growing on Property; keep the Property clean of trash, debris and rubbish; and to
keep fences, ditches and borders of the Property in good condition and repair at all times,
reasonable wear and tear expected. The duly authorized representative of City may enter
upon the Property at a reasonable time for the purposes of inspection and to perform any
necessary maintenance or repair.
Section 9. Site Modifications.
Any modifications to the Property, including removal of trees other than the
Licensee's stock, or expansion into the currently unused portion of the Property, will require
prior City Council approval.
Section 10. Insurance.
Licensee shall maintain at all times during the term of this Agreement comprehensive
Kj
general liability and property damage insurance in the amount of not less than One Million
Dollars ($1,000,000) combined single limit. City shall be named as an additional insured on
said policies. Other terms and conditions, including cancellation provisions and
endorsement forms, shall be reviewed and approved by the Office of the City Attorney.
Section 11. Indemnily.
Licensee shall defend, indemnify and hold harmless City, its elected and appointed
officials, officers, employees and agents from and against any and all claims, demands,
suits, actions and proceedings, of any kind or nature, for damages to property or injuries to
or death of any persons arising out of Licensee's actions and activities as Licensee of the
subject Property.
Section 12. No Assignments.
Licensee shall not assign its rights under this Agreement to any third party without the
advance written consent of the City.
Section 13. Notices.
All notices, demands, consents, or other communications required to be given under
this Agreement shall be accomplished by first class mail, postage prepaid, and deposited in
the U.S. mails, or personally served upon the other party.
Licensor:
City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Section 15. Attorney's Fees.
Licensee:
Tom Tolmasoff and
Tanya Farmakis-Tolmasoff
27222 Cordero Lane
Mission Viejo, CA 92691
Frank Bayo
387 Magnolia Ave., 103-524
Corona, CA 92879
In the event any legal action or proceeding is commenced to interpret or enforce the
terms of, or obligations arising out of this Agreement, or to recover damages for the breach
thereof, the party prevailing in any such action or proceeding shall be entitled to recover
from the non -prevailing party all reasonable attorney's fees, costs and expenses incurred by
the prevailing party.
Section 16. Entire A-greement.
This agreement contains the entire Agreement of the parties hereto with respect to
the matters covered hereby, and no other previous agreement, statement or promise made
4
by any party hereto which is not contained herein shall be binding or valid.
Section 17. Taxes.
Pursuant to Revenue & Taxation Code §107.7, the property interest created herein, if
any, may be subject to property taxation and LICENSEE may be subject to property taxes
levied on such interest, if any. In no event shall LICENSOR be liable for any taxes owed as
a result of this License or Licensee's use of the Premises.
Section 18. No Relocation Benefits.
This License is not intended to convey a property interest but to permit Licensee to
use the Premises as provided for herein. Licensee acknowledges the rights granted by
State and/or Federal Relocation Assistance Laws and regulations and, notwithstanding any
other provision of this License, expressly waives all such present and future rights, if any, to
which Licensee might otherwise be entitled from Licensor or the City of San Juan Capistrano
with regard to this License and the business operated on the Premises. Licensee shall not
be entitled to relocation assistance, relocation benefits, or compensation for loss of goodwill
upon the termination of this License.
[SIGNATURE PAGE FOLLOWS]
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
ATTEST:
By:
Maria Morris, City Clerk
APPROVED AS TO FORM:
By:
, City Attorney
CITY OF SAN JUAN CAPISTRANO
By:
John Taylor, Mayor
By:
Tom Tolmasoff
By:
Tanya Farmakis-Tolmasoff
By:
Frank Bayo
.10
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Area 8 - special Event
Parking Only
,, APN:660-023-08
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Exhibit A
LICENSE: AGREEMENT
This License Agreement is entered Into this �t.t. day of April 2010, by and
between the City of San Juan Capistrano (hereinafter "City"), and John and Erin Tolmasoff,
as husband and wife; and Tom Tolmasoff and Tanya Farm a kls-Tolmasoff, as husband and
wife, a general partnership, doing business as Mountain Pines Christmas Tree Farm
(hereinafter "Licensee").
RECITALS
WHEREAS, the City is the owner of APN 650-023-09, approximately 2.04 acres and
APN 650-023-08, approximately 0.27 acres of property located in the City of San Juan
Capistrano, which property was acquired to be maintained as open space within the City; and
WHEREAS, at the time of acquisition, the property included an existing Christmas
Tree Farm that was identified as a use to be continued on this property; and
WHEREAS, the Licensee desires to use the approximate 1.5 acre portion located at
the north end of APN 650-023-09 ( Exhibit A - "Area A — Tree Farm") (hereinafter "Area A")
to continue the existing use as a Christmas tree farm; and
WHEREAS, the Licensee desires to use the southerly 0.54 acre portion of APN 650-
023-09 and APN 650-023-08 (Exhibit A— "Area B — Special Event Parking Only"}(hereinafter
"Area B") for parking only during special events as approved by the City.
NOW, THEREFORE, City and Licensee hereby mutually agree as follows:
Section I. Scone of License.
City hereby grants to Licensee a license to establish and maintain a Christmas tree
farm on that 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 agrees each year during the term of this Agreement to replant at
least one quarter (114) of Area A— Tree Farm with new pine trees. Licensee agrees to pay all
operational costs, for Christmas tree farm purposes.
Section 2. Water.
Water is available to the LICENSEE at the Property from an agricultural well.
Licensee is required to pay their pro -rata share of all costs required in keeping the water
system'operational, including but not limited to power, repairs and on-going maintenance.
LICENSEE also has water available through the City's water system and is required to pay
for any water billed through this meter at the agricultural rate currently in effect at the time
the water is used.
ATTACHMENT 2
Section 3. Additional Uses.
Area A — Licensee shall be permitted to grow strawberries, pumpkins, squash and
other vegetables and conduct vendor fruit stand activities on Area A. However, the
installation and site plan layout of the fruit stand shall first be subject to written approval by
the City.
The Licensee shall be allowed to conduct Halloween and Christmas Season events annually
as outlined in this section. In order to conduct these events, the Licensee shall submit a
special activities permit application, covering the period from the first Friday in October
through December 24 of each year. no later than July 1 of each year.. Such application
must be deemed complete by the City, otherwise no events shall occur.
Halloween Season -- The Halloween Season shall begin the first Friday in October and
continue through October 31 of each year. During this time, the Licensee may conduct a
pumpkin patch or seasonal event on Area A after having been issued a special activities or
other required permit by the City.
Christmas Season — The Christmas Season shall begin the day after Thanksgiving and
continue through December 24 of each year. During this time, the Licensee may conduct a
Christmas or seasonal event on Area A, including the sale of trees grown on the Property
after having been issued a special activities permit by the City.
The Licensee shall be allowed to use the fruit stand on the Property for purposes of selling
items during these events. The Licensee shall be allowed to have a temporary tent erected
during the period of time covered by the SAP. However, no events or activities, other than
clean-up, and set-up shall occur from November 1 through Thanksgiving Day. Additionally,
should Licensee desire to import pumpkins for sale during the Halloween Season or
Christmas trees for sale during the Christmas Season on the Property, such importation and
sale shall be subject to written approval by the City.
Area B — Licensee shall be permitted to use the southerly portion of the Area B
located on APN 650-023-08 for parking purposes only during special events that have been
issued a special event permit by the City. No parking shall be allowed in this area at any
other time. The portion of Area B located on APN 650-023-09 shall be for pedestrian access
only to and from the special event parking area. No other uses shall be allowed on Area B.
Section 4. Compensation.
Licensee shall keep all proceeds from all sales of Christmas trees and other produce
grown and/or sold on the Property. In exchange for use of the Property, Licensee shall pay
the City six percent (6%) of the total annual gross sales, or $1,500 derived from the all sales
on the property, whichever is greater. This payment shall be made in January of each year
in the form of a check made payable to the City. Licensee shall provide an accounting of all
sales made on the Property and make available all financial records of all operations to the
City if requested for purposes of conducting an audit to ensure compliance with this Section.
Records shall be presented to City Auditors within ten (10) business days.
Section 5. Term.
The term of this Agreement shall be effective from the date of execution of the
Agreement until January 31, 2015.
Section 6. Defaul .
In the event of a default by Licensee, Licensor shall give Licensee thirty (30) days'
written notice to cure the default. The notice shall specify in reasonable detail the nature
and extent of the default. If the nature of Licensee's obligation is such that more than thirty
(30) days are required for performance, then Licensee shall not be deemed to be in default if
it shall commence such performance within such thirty (30) day period and thereafter
diligently prosecute the same to completion. If the default is not cured by licensee, then
Licensor may immediately terminate this Agreement.
Section 7. City's Camino Capistrano Road Widening Project.
City has plans to widen Camino Capistrano as it abuts the Property. This road
widening project may necessitate the City utilizing a portion of the Property (more
particularly, approximately thirty feet (30') in width running the full length of the Property
along Camino Capistrano) during the term of this Agreement. Accordingly, City reserves the
right to take possession of any of the Property deemed necessary to accomplish the road
widening during the term of this agreement. City will provide a minimum of sixty (60)
calendar days advance notice of City's intent to utilize the needed property.
Section 8. Condition of Progertx.
Licensee accepts the Property in its present condition upon execution of this
Agreement. Licensee agrees, at Licensee's expense, to use reasonable care to control all
weeds growing on Property; keep the Property clean of trash, debris and rubbish; and to
keep fences, ditches and borders of the Property in good condition and repair at all times,
reasonable wear and tear expected. The duly authorized representative of City may enter
upon the Property at a reasonable time for the purposes of inspection and to perform any
necessary maintenance or repair.
Section 9. Site Modifications.
Any modifications to the Property, including removal of trees other than the
Licensee's stock, or expansion.into the currently unused portion of the Property, will require
prior City Council approval.
Section 10. Compliance with Law: E -Verify.
10.1. Compliance with Law.
Licensee shall comply with all applicable laws, ordinances, codes and regulations of
federal, state and local government, including the City.
10.2. E -Verify.
If Licensee is not already enrolled in the U.S. Department of Homeland Security's E -
Verify program, Licensee shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Licensee shall verify employment authorization within
three days of hiring a new employee to perform work under this Agreement. Information
pertaining to the E -Verify program can be found at htto://vwvw.uscis.gov, or access the
registration page at htti)s://www.vis-dhs.com/emgloverregistration. Licensee shall certify its
registration with E -Verify and provide its registration number within sixteen days of the
effective date of this Agreement. Failure to provide certification will result in withholding
payment until full compliance is demonstrated.
Section 11. Insurance.
Licensee shall maintain at all times during the term of this Agreement comprehensive
general liability and property damage insurance in the amount of not less than One Million
Dollars ($1,000,000) combined single limit. City shall be named as an additional insured on
said policies. Other terms and conditions, including cancellation provisions and
endorsement forms, shall be reviewed and approved by the Office of the City Attorney,
Section 12. Indemnity.
Licensee shall defend, indemnify and hold harmless City, its elected and appointed
officials, officers, employees and agents from and against any and all claims, demands,
suits, actions and proceedings, of any kind or nature, for damages to property or injuries to
or death of any persons arising out of Licensee's actions and activities as Licensee of the
subject Property.
Section 13. No Assignments.
Licensee shall not assign its rights underthis Agreement to any third partywithoutthe
written consent of the City.
Section 14. Notices.
All notices, demands, consents, or other communications required to be given under
this Agreement shall be accomplished by first class mail, postage prepaid, and deposited in
the U.S. mails, or personally served upon the other party.
4
Licensor:
Joe Tait, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Section 15. Attorney's Fees.
Licensee:
Tom Tolmasoff and Tanya
Farmakis-Tolmasoff
Husband and wife
27222 Cordero Lane
Mission Viejo, CA 92691
John and Erin Tolmasoff
Husband and wife
#31 Rosings
Mission Viejo, CA 92692
In the event any legal action or proceeding is commenced to interpret or enforce the
terms of, or obligations arising out of this Agreement, or to recover damages for the breach
thereof, the party prevailing in any such action or proceeding shall be entitled to recover
from the non -prevailing party all reasonable attorney's fees, costs and expenses incurred by
the prevailing party.
Section 16. Entire Agreement.
This agreement contains the entire Agreement of the parties hereto with respect to
the matters covered hereby, and no other previous agreement, statement or promise made
by any party hereto which is not contained herein shall be binding or valid.
Section 17. Taxes.
Pursuant to Revenue & Taxation Code §107.7, the property interest created herein, if
any, may be subject to property taxation and LICENSEE may be subject to property taxes
levied on such interest, if any. In no event shall LICENSOR be liable for any taxes owed as
a result of this License or Licensee's use of the Premises.
Section 18. No Relocation Benefits.
This License is not intended to convey a property interest but to permit Licensee to
use the Premises as provided for herein. Licensee acknowledges the rights granted by
State and/or Federal Relocation Assistance Laws and regulations and, notwithstanding any
other provision of this License, expressly waives all such present and future rights, if any, to
which Licensee might otherwise be entitled from Licensor or the City of San Juan Capistrano
with regard to this License and the business operated on the Premises. Licensee shall not
be entitled to relocation assistance, relocation benefits, or compensation for loss of goodwill
upon the termination of this License.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
CITY OF SAN JUAN CAPISTRANO
By: ")e e--'.
C� a.T
TZ
Joe Tait, City Manager
ATTEST:
By: . r ".- ��P W. ,
Maria Morris, Co
APPROVED AS TO FORM:
By: VVIVy/ Jill MkI&I
Omar Sandoval, City Attor y
6
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Sec. 9-3.309. - Open space districts.
(a) Purpose and intent. The following -eight open space districts have been established for the following
purpose and intent:
(1) General Open Space (GOS) District. The purpose and intent of the General Open Space
(GOS) District is to provide for the possible combined development of several of the uses or
the Individual development of one of the uses specifically allowed by the other open space
districts in accordance with the General Plan.
(2) Open Space Recreation (OSR) District. The purpose and intent of the Open Space
Recreation (OSR) District is to provide for the provision of outdoor recreational facilities in
accordance with the General Plan.
(3) Neighborhood Park (NP) District. The purpose and intent of the Neighborhood Park (NP)
District is to provide for well distributed small neighborhood parks to serve residential areas in
the immediate area in accordance with the General Play.
(4) Community Park (CP) District. The purpose and intent of the Community Park (CP) District is
to provide for major active recreation sites in accordance with the General Plan.
(5) Specialty Park (SP) District. The purpose and intent of the Specialty Park (SP) District is to
provide for unique or specialized forms of recreational activities in accordance with the
General Plan.
(6) Regional Park (RP) District. The purpose and intent of the Regional Park (RP) District is to
provide for the future use of the Prima Deshecha landfill as phases are closed and available
for active and passive recreational development in accordance with the General Plan.
(7) Natural Open Space (NOS) District. The purpose and intent of the Natural Open Space (NOS)
District is to provide for natural open space land that separates developed areas from one
another, preserves natural features like creeks, ridgelines, or hillsides, or includes natural
hazards like landslides in accordance with the General Plan.
(8) Recreation Commercial (RC) District. The purpose and intent of the Recreation Commercial
(RC) District is to provide for Indoor and outdoor recreational activities in accordance with the
General Plan.
(b) Uses regulations.
(1) Table 3-10 identifies the uses permitted in the General Open Space (GOS), Open Space
Recreation (OSR), Neighborhood Park (NP), Community Park (CP), Specialty Park (SP),
Regional Park (RP), Natural Open Space (NOS), and Recreation Commercial (RC) Districts.
(2) Uses listed as conditionally permitted uses are subject to the review requirements and
conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are subject to
the review requirements and conditions contained in Section 9-3.501 Accessory Uses and
Structures.
(3) The "notes and exceptions" column of Table 3-10 indicates more precisely the use regulations
for specific uses or operating characteristics. The notes and exceptions must be reviewed in
conjunction with the other information for the class of use.
(4) Certain permitted uses and conditionally permitted uses may be subject to special conditions
regarding location, operation, or the design of the use. The sections of this title governing
these uses are identified in the "notes and exceptions" column of Table 3-10.
Table 3-10
Uses In Open Space Districts
(please refer to end of table for notes)
1 of ATTACHMENT 3
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se
GOS
DSR
NP
CP
SP
RP
NOS
RC
Notes and
Exceptions
ccessory uses and
tructures incidental
o the operation of a
permitted use1
Archery range
Bed and breakfasts
C
C
C
C
C
C
ubjectto
ection 9-3.509
ed and
reakfasts
Beer, wine, and
liquor licenses,
on -sale, for alcohol
consumed on
remises
amping facilities
P
aretaker residences
A
4
A
A
A
A
A
A
ubjectto
(temporary and
ection 9.3.511
aretaker
ermanent)
esidences and
ection 9-3.553
emporary
ses and
tructures
Cemeteries
Church, religious, or
Includes
fraternal
agogues,
emples,
osques, and
ther buildings
sed for the
urposes
erein but
xcludes day
are centers,
nd private
nd/or
econdary
ducational
acilities.
stands
ancing and live
1oncession
ntertainment
rivingranges
—
—
ating and drinking
A
a. Drive•thru
stablishments
not allowed.
. Must be
ncidental to
nd integrated
ith a
rincipal use
nd a
onditional use
ermit is
approved by
he Planning
Commission if
lcohol is to be
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consumed on
the premises o
if there is to b
dancing or live
entertainment
Equestrian facilities
C
C
—
—
—
C
—
C
Subject to
(commercial and
Section 3.515
noncommercial)
Equestrian
Standards.
Game machines (3 or
A
A
—
—
—
—
A
be
less)
JMust
accessory to a
primary use.
Game machine
C
—
—
—
—
—
—
C
center
Grazing, animal
P
1P
P
—
indoor recreational
P
—
—
—
—
P
Includes
activities
bowling,
cinemas,
gymnasiums,
i
and similar
activities.
Farming (crop and
P
—
—
P
P
—
tree
Golf course
C
C
—
—
—
C
—
C
The outdoor
(regulation or par 3)
night lighting
of golf courses
shall not be
permitted
unless a
conditional use
I
permits
approved by
the City.
Golf course
C
—
—
—
—
—
C
miniature
Passive recreation
—
C
—
—
—
—
—
C
Includes
facilities
museums,
private clubs
and lodges,
libraries, and
I�
theaters
(except
drive-ins
aintenance/suppo
A
A
A
A
A
facilities
Use
GOS
OSR
NP
CP
SP
RP
NOS
RC
Notes and
Exceptions
Mining, oil drilling,
C
C
C
C
C
C
C
C
Includes
and other resource
necessary
extraction
incidental
buildings and
laDDurtenances.
Multi-purpose sports
P
P
—
P
P
P
—
P
fields and courts
(large)
Nature study center
P
—
—
—
P
P
—
—
for similar
educational center
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Outdoor
P
-
-
- IP
-
-
am hitheater
Outdoor recreational
P
P
-
-
-
P
a. Includes
facilities (public and
private)
swimming
schools and
tennis clubs.
b. The outdoor
night lighting
of such
recreational
uses shall not
be permitted
unless a
conditional use
permit is
approved by
the City.
Picnic area
P
P
1P
P
P
P
P
P
Pro -accessory shop
A
A
-
A
-
A
Must be
Incidental to a
principal use.
Public facilities and
P
P
P
P
P
P
P
P
utilities
Radio and television
C
C
C
C
C
C
C
C
Subject to
towers and
Section 9.3.50
Antennas.
Installations, radar
installations,
microwave relay
stations, and cellula
towers and
Installations
commercial
Recycling facilities
-
-
-
-
-
-
-
P
Subject to
Section 9-3.53
Recycling
Facilities.
Section 9.3.53
Recycling
j
Facilities
Identifies the
specific
allowed
re clip uses.
Sports arenas and
C
-
-
-
-
-
-
C
stadiums
Sports fields and
P
P
P
P
P
P
-
P
courts small
Tot lots
1P
P
P
1P
1P
1P
P
P = Principal use permitted by right
- - Not permitted
- Accessory use permitted by right (subject to Section 9.3.501 Accessory Uses and Structures)
C - Conditional use permit required sub ect to Section 9.2.317 Conditional Use Permit
Note: 1 IncludIng any accessory uses or strictures permitted In conjunction YAM approval of an applicable tentative map or other entitlement
granted by the City on or before November 15. 2M.
(c) Development standards. Table 3-11 identifies the development standards for the General Open
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Space (GOS), Open Space Recreation (OSR), Neighborhood Park (NP), Community Park (CP),
Specialty Park (SP), Regional Park (RP), Natural Open Space (NOS), and Recreation Commercial
(RC) Districts.
Table 3-11
Development Standards for Open Space Districts
District
Min. Lot
in.
ne Sta
Two Sto Floor Area Ratio
in.
Front Yd2
In. Side
Yd."'
in Rear
d.2,4
Min.
Front
in. Side
d."3
in. Rear 1 st
d2,4 r/Lot
2nd Fir
olst Flr
Bldg Hgt
Area
treet
rontaget
Yd.'
Area
OS
0 acre
00 ft.
50 ft.
0 ft.
0 ft.
50 ft.
0 ft.
0 ft. .10
5%
5 ft.
SR
acre
00 ft
0 ft.
ft.
5 ft.
0 ft.
10 ft.
5 ft. .10
0%
5 ft.
P
,200 sq.
ft.
0 ft.
ft.
5 ft.
0 ft.
ft.
5 ft. .10
0%
5 ft.
t.
P
acres
150 ft.
0 ft.
0 ft.
0 ft.
0 ft.
0 ft.
0 ft. .05
0%
5 ft.
P
200 sq.
0 ft.
ubject to development and approval of a Specific Plan and development review per
�tl.
ection 9.2.337 Public Improvement Plans and Outside en Development Review.
PJ1,,200
ubject to development and approval of a Specific Plan and development review per Section 9.2.337 Public
rovement Plans and OutsideAgencyDevelo ment Review.
C
sq.
ft.
0 ft.
5 ft.
5 ft.
0 ft. 10 ft.
5 ft.
P.40
5%
5 ft.
.
Note: Min. -Minimum DUaDwellin Unit Yd -Yard, Rr-Floor, Bldg -Building, and H t-Hei ht
1 Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a
variance if all of the following conditions are met:
(a) The lot's street frontage remains a minimum of 20 feet;
(b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion,
which is set back away from the street;
(c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and
(d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for
he loss of street frontage parking.
he actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps.
he reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315
Irregular and Cul -de -Sac Lots).
The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth In Section 9-4.315
Irregular and Cul -de -Sac Lots.
Architectural projections may extend into required side yards no more than 40 percent of the applicable district
equirement, or more than 3 feet whichever is greater.
On lots with an existing building setback encroachment into a required rear yard, structural additions having the
ame said encroachments shall be permitted without the approval of a variance. However, no new encroachment in
xcess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section
-3.533 Nonconforming Uses Lots and Structures).
(d) Development review. Projects proposed within the General Open Space (GOS), Open Space
Recreation (OSR), Neighborhood Park (NP), Community Park (CP), Specialty Park (SP), Regional
Park (RP). Natural Open Space (NOS), and Recreation Commercial (RC) Districts shall be subject to
applicable review procedures as set forth in Article 3 Development Review Procedures of Chapter 2
of this title.
(e) Supplementary district and temporary use regulations. For sign, parking, fence, swimming pool, and
similar regulations for the General Open Space (GOS), Open Space Recreation (OSR),
Neighborhood Park (NP), Community Park (CP), Specialty Park (SP), Regional Park (RP), Natural
Open Space (NOS), and Recreation Commercial ORO Districts, see Article 5 Supplemental District
Regulations of this chapter.
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(f) Environmental overlay standards. Standards related to management of project effects on sensitive
natural resources (i.e. floodplains, ridgelines, etc.) shall he as set forth in Article 4 Environmental
Overlay Districts of this chapter.
(§ 2, Ord. 869, as amended by § 2 (part), Ori, 939, o.. August 17, 2008)
(Ord. No. 995, § 2.b., 6-19-2012)
6 of 6 2/12/2013 5:05 PM
32400 PASEO AOELANTO
SAN JUAN CAPBTRANO, CA 92675
(949)4931171
(949) 49}10W PAX
v,ncsnnj+mncaprsfranunrg
MEMBERSOFTHECMY000N L
$ AJXVAM
ROY L BYRNES. MD.
LARRY KRAMER
OEREK REEVE
JOHN TAYLOR
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, March 5,
2013, in the City Council Chamber in City Hall, to consider: "Consideration of a Five -
Year License Agreement for the City -Owned Property Located at the north end of
APN 650-023.09 and 0.54 acre portion of APN 650.023.09 and APN 650-023-06
(Mountain Pines Christmas Tree Farm)" — Item No. D6.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, March 4, 2013, to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the staff
table, just In front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member Cathy Salcedo,
Executive Services Manager. You may contact that staff member at (949) 443-6317 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
citvclerk(a)sani uancaoistra no. orq.
Maria Morris, CMC
City Clerk
cc: Tom Tolmasoff and Tanya Farmakis-Tolmasoff; John and Erin Tolmasoff; Frank Bayo
.San Atan Capisirano: Arserving the Pas! m Enhance the Funny
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493.1171
(949) 493.1053 FAx
www.sanjuancapistrano. org
TRANSMITTAL
TO:
Tom Tolmasoff and
Tanya Farmakis-Tolmasoff
Mountain Pines Christmas Tree Farm
27222 Cordero Lane
Mission Viejo, CA 92691
DATE: March 25, 2013
FROM: Manny Ruelas, Office Assistant (949) 443-6308
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
ROY L. BYRNES. M.D.
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
RE: License Agreement — City -Owned Property Located at the north end of APN 650-023-09
and 0.54 acre portion of APN 650-023-09 and APN 650-023-08.
Enclosed:
(1) License Agreement for City -Owned Property Located at the north end of APN 650-023-
09 and 0.54 acre portion of APN 650-023-09 and APN 650-023-08.
If you have questions concerning the agreement, please contact Cathy Salcedo, Executive
Services Manager at (949) 443-6317.
Cc: Cathy Salcedo, Executive Services Manager
San Juan Capistrano.- Preserving the Pasl to Enhance the Future
�, Printed on 100% recycled paper
32400 PASEO ADEL.ANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493.1171
(949) 493.1053 FAx
ww%v.sagJuancapis1rano. arg
TRANSMITTAL
TO:
Frank Bayo
Mountain Pines Christmas Tree Farm
387 Magnolia Ave., 103-524
Corona, CA 92879
DATE: March 25, 2013
FROM: Manny Ruelas, Office Assistant (949) 443-6308
MEMBERS OF THE CITY COUNCIL
SAM ALLE VATO
ROY L. BYRNES, M.D.
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
RE: License Agreement — City -Owned Property Located at the north end of APN 650-023-09
and 0.54 acre portion of APN 650-023-09 and APN 650-023-08.
Enclosed:
(1) License Agreement for City -Owned Property Located at the north end of APN 650-023-
09 and 0.54 acre portion of APN 650-023-09 and APN 650-023-08.
If you have questions concerning the agreement, please contact Cathy Salcedo, Executive
Services Manager at (949) 443-6317.
Cc: Cathy Salcedo, Executive Services Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
10 Printed on 100% recycled paper