Loading...
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