17-0313_SOUTH COAST FARMS_Extension of License Agreement EXTENSION OF LICENSE AGREEMENT
This Extension of License Agreement ("Extension") is made this /3 day of
m41,6L , 2017, by and between the City of San Juan Capistrano, a municipal
corporation ("LICENSOR") and South Coast Farms ("LICENSEE").
RECITALS
WHEREAS, LICENSEE and LICENSOR, and together with the San Juan
Capistrano Community Redevelopment Agency ("Redevelopment Agency") entered
into a License Agreement dated May 6, 2008 ("License Agreement") which granted to
LICENSEE the right to manage, maintain, and operate a farm on property generally
located at the northwest corner of Alipaz Street and Camino Del Avion in the City of
San Juan Capistrano, for a term of 10 years; and
WHEREAS, the Redevelopment Agency was dissolved in 2012 and is no
longer a party to the License Agreement; and
WHEREAS, while the License Agreement does not expire until May of 2018,
there is an outstanding balance of approximately $224,000 owed to LICENSOR for the
water consumed for the operation of the farm; and
WHEREAS, LICENSOR and LICENSEE have agreed upon a Payment
Schedule for this outstanding balance that includes a final payment in July 2018; and
WHEREAS, LICENSEE has requested an extension of the License Agreement
to allow for completion of the 2018 strawberry and cucumber harvest; and
WHEREAS, in the interest of providing LICENSEE the opportunity to
successfully fulfill the payment schedule without undue hardship, on February 7, 2017,
LICENSOR's City Council approved a 90-day extension of the License Agreement in
conjunction with approval of the Payment Schedule.
WHEREAS, LICENSOR and LICENSEE now seek to execute the 90-day
Extension.
EXTENSION
NOW, THEREFORE, LICENSOR and LICENSEE do hereby mutually agree as
follows:
The term of the License Agreement dated May 6, 2008, is hereby extended by
90 days to August 6, 2018. All other terms and conditions of the License Agreement
remain in full force and effect.
IN WITNESS WHEREOF, LICENSOR AND LICENSEE have caused this
Extension of License Agreement to be executed on the date and year first written
above.
LICENSEE: LICENSOR:
SOUTH COAST FARMS CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation
By: i� _ By: PL,'
eorge Kib•y : - ami ie! -I, Ci anager