PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C
SUBJECT/TITLE:
FRIENDS OF THE PRICE HOUSE LICENSE AGREEMENT FOR PRICE HISTORICAL PARK
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a license agreement with the Friends of the Price House for operation of Price Historical Park through March 2027.
BACKGROUND:
The City of Pismo Beach is the owner of the Price Historical Park. The park includes the Price Anniversary House and the Meherin House. On March 28, 2017, the City granted, and the Friends of the Price House accepted, a five-year license agreement to use the Price House Historical Park which expired on March 27, 2022.
The Friends of the Price House (FOPH) is a tax-exempt public benefit organization defined under the Internal Revenue Code, with the primary purpose of assisting in the restoration preservation, improvement and operation of the Price House, and grounds.
Formed in 1992 by City parks commissioners, City employees, and volunteers, FOPH now has a ten-member board of directors and close to 150 annually renewing members.
The Board has an extensive background. Board members’ experience include a national recognized non-profit executive director, a printing and mail company owner, planning consultant owner, museum curator, education administrator, police officer, chief financial officer, and an outlets general manager.
The FOPH Board has made many improvements and have accomplished various projects to the Price Historical Park. Items include:
Restoration of the Meherin House and Price House
Preparing the Price House upstairs for tours
Developing a development plan
Reorganizing archives
Maintaining the orchard and park grounds
Working with the City to install restrooms and park signage Utility Shed repair with help from the Five Cities Men’s Club Gazebo donation from the Rotary Club
Museum Tours
Interpretive signage
Local event participation
Marketing and website management
Regular updates and newsletters
Fundraising and donor support
Council Agenda 3-21-2023 12.C-1
The Friends of the Price House wishes to use the Property for activities of a historical nature depicting the cultural history of Pismo Beach and that of southern San Luis Obispo County. The City and FOPH enjoy a mutually beneficial relationship in that the FOPH contributes to the improvement of City property and makes available public facilities for public visitation. The FOPH also interacts and communicates well with City staff.
On June 29, 2022, the City Manager, staff, and Friends of the Price House Board met to hold a strategic planning session. The discussion highlighted strengths, weaknesses, opportunities and threats to the Property, as well as future projects and funding. The items discussed were incorporated into a Draft License Agreement.
On September 7, 2022, staff attended the Friends of the Price House Board meeting.
During the meeting staff reviewed the Draft Licensing Agreement with the FOPH Board.
The Board made a list of renewal requests. These requests included:
Post-dating the License Agreement to the prior Agreement’s termination date. Changing the name of the Maintenance Barn to Maintenance Facility. Changing the Fruit Tree Orchard from Priority Use definition to Designated Use.
These comments were included in the final draft of the License Agreement.
On October 7, 2022, a final draft of the License Agreement was sent by staff to the Friends of the Price House for review. The License Agreement included the requests made by the Friends of the Price House Board of Directors and clarified the definition of “Designated Use” as meaning use to the exclusion of the City’s park rental system, and “Priority Use” as meaning use prioritized over the City’s park rental system.
On November 9, 2022, the City Manager, staff and Friends of Price House Board met.
The discussion was to finalize the License Agreement and to discuss a master plan for the Price House Park. At the end of the meeting the License Agreement was approved by the Friends of Price House Board. During the legal approval process by the City Attorney, the City also added a workplace harassment statement to the License Agreement. The License Agreement is now before the Council for consideration and approval.
Conclusion and Recommendation
In order to continue the mutually beneficial relationship between the City and the Friends of the Price House, staff recommends that the Council adopt a Resolution provided as Attachment 1 authorizing the City Manager to enter into a licensing agreement for operation of the park through March 2027.
FISCAL IMPACT:
There are no direct or immediate fiscal impacts for approving this Resolution and license agreement. Any adjustments necessary will be made during the budgeting process.
Council Agenda 3-21-2023 12.C-2
ALTERNATIVES:
1. Do not adopt the Resolution; provide staff with direction.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: License Agreement
Submitted by: Meeting Date: March 21, 2023
Gordon Jackson, Tourism and Events Director
City Manager Approval:
Council Agenda 3-21-2023 12.C-3
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSING
AGREEMENT WITH THE FRIENDS OF PRICE HOUSE FOR OPERATION OF PRICE HISTORICAL PARK THROUGH MARCH 2027
WHEREAS, the City of Pismo Beach is the owner of the real property ("Property") shown on Exhibit "A" to a proposed license agreement attached hereto and incorporated herein; The Property includes:
1. The Price Anniversary House, 100 Rancho Pismo Drive, Pismo Beach, California (“Price House”).
2. The Meherin House, 100 Rancho Pismo Drive, Pismo Beach, California ("Meherin House"); and
WHEREAS, Friends of the Price House (“FOPH”) is a tax-exempt public benefit organization defined under the Internal Revenue Code, with the primary purpose of assisting in the restoration, preservation, improvement and operation of the Price House and grounds; and
WHEREAS, FOPH wishes to use the Property for activities of a historical nature depicting the cultural history of Pismo Beach and that of southern San Luis Obispo County; and WHEREAS, the City is willing to grant to FOPH a license for the uses of the Property set forth above, subject to the terms and conditions of this License.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager enter into a license agreement with the Friends of the Price House through March 2027, in substantially the form attached hereto as Exhibit A.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 3-21-2023 12.C-4
Attachment 1
LICENSE AGREEMENT
BETWEEN THE CITY OF PISMO BEACH AND FRIENDS OF THE PRICE HOUSE, INC.
This License Agreement ("License") is made as of the date the License Agreement is fully executed by all parties, by and between the City of Pismo Beach ("City") and Friends of the Price House, a California non- profit corporation ("FOPH").
RECITALS
WHEREAS, the City of Pismo Beach is the owner of the real property shown ("Property") on Exhibit "A", attached hereto and incorporated herein. The Property includes:
1. The Price Anniversary House, 100 Rancho Pismo Drive, Pismo Beach, California ("Price House").
2. The Meherin House, 100 Rancho Pismo Drive, Pismo Beach, California ("Meherin House").
WHEREAS, FOPH is a tax-exempt public benefit organization defined under the Internal Revenue Code, with the primary purpose of assisting in the restoration, preservation, improvement and operation of the Price House and grounds.
WHEREAS, FOPH wishes to use the Property for activities of a historical nature depicting the cultural history of the City of Pismo Beach and that of southern San Luis Obispo County.
WHEREAS, City is willing to grant to FOPH a license for the uses of the Property set forth above, subject to the terms and conditions of this License.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Grant of Revocable License. City grants and FOPH accepts a license to use the Property for the License Period and any Extended License Period subject to the terms and conditions set forth in this License.
2. License Period. The License Period shall be for five (5) years commencing March 28, 2022, and ending March 28, 2027, unless terminated sooner by either party in accordance with this License.
3. Extended License Period. Subject to earlier termination by either party in accordance with this License, FOPH shall have the right to extend the License for one Extended License Period of five (5) years on the same terms and condition described in this License by submitting such request to the City Manager in writing, provided that FOPH shall not be in default under any provision of this License. Payment of the then-due annual license fee, and acceptance thereof by City, shall constitute extension of the License.
4. License Fee Paid During Initial License Period. FOPH agrees to pay in advance and in lawful money of the United States an annual license fee of one dollar ($1 ) per year to City. The first License Fee shall be paid following the execution of this license by the Parties hereto. FOPH shall have the option of paying the fee up front for the applicable full term or said fee shall thereafter be paid to City on the same day of each and every year for the License Period and any Extended License Period.
All License Fees and other charges due under this License shall be payable to the City of Pismo Beach and shall be remitted to the Finance Department, Attention: Finance Director, 760 Mattie Road, Pismo Beach, CA 93449.
Council Agenda 3-21-2023 12.C-5
Attachment 1A
5. Use. As used herein, “Designated Use” shall mean use to the exclusion of the City’s park rental system, and “Priority Use” shall mean use prioritized over the City’s park rental system. FOPH shall have Designated Use of Sites 1 through 7 and Priority Use for Reservations of Sites 8 through 10, as shown on Exhibit "A", as follows:
a. (Site #1 ) Price Anniversary House. The use of the Price House and picket-fenced yard shall be restricted to a historical museum and other related activities open to the public and/or used to hold meetings of FOPH. FOPH shall be entitled to charge admission for entrance into the Price House. The interior of the Price House will not be available for rental on the park rental system administered by the City, except that FOPH may offer Open House or Tours associated with grounds rentals that are available on the city park rental system.
b. (Site #2) Meherin House. The use of the Meherin House and picket-fenced yard may be as a museum, displays of period lifestyle appropriate to the era of the home, other related activities open to the public, and/or used to hold meetings of FOPH. FOPH shall be entitled to charge admission for entrance into the Meherin House. When ready for public occupancy, rentals by the City of portions of the ground floor of the Meherin House will be coordinated with FOPH and will be included as part of the park rental system administered by the City.
c. (Site #3) Orchard. The use of the Orchard shall be identified as FOPH Designated use, cultivation of fruit bearing plants and trees and FOPH outdoor activities.
d. (Site #4) Event Green. FOPH shall initially have Designated Use of the Event Green between the Houses, and it will not be offered in the park rental system administered by the City, until the Event Green is graded/walled/landscaped/constructed in accordance with a City- approved Landscape Improvement Plan. Upon competition of the Event Green, FOPH will have Priority Use, per Subsection g below.
e. (Site #5) Maintenance Facility. FOPH shall initially have Designated Use of storage in the Maintenance Facility for antique storage and event and maintenance equipment. The restrooms will be lockable and available for park events. Upon construction of the Maintenance Facility, which may contain a Catering and/or Prep Kitchen, an adjoining Picnic Area, Restrooms, and storage/maintenance space, the Prep Kitchen, Restroom and Picnic area will be available through the park rental system administered by the City.
f. (Sites #6 and #7) Buggy Barn, Milk House, and Fenced Storage Area. FOPH shall have Designated Use of the Buggy Barn and Milk House and the enclosed area containing the Buggy Barn and Milk House. Upon completion of the Maintenance Barn, the fence for the remaining area will be re-configured. Upon completion of restoration of the Buggy Barn and/or Milk House, the enclosure may be open for tours.
g. City Rental Venue Areas. In addition to Designated Uses itemized in subsections a. through f., FOPH shall have Priority Use over other portions of the park, as follows: Subject to FOPH's providing written notice to City not later than February 28 during each year of this License, and upon written authorization from the City, FOPH may have Priority scheduling, and may charge fees, for areas of the Park not identified as Designated Use for FOPH, for up to six (6) events annually that are related to FOPH's use of the park. There shall be no facility charge payable by FOPH to City for such events. FOPH may reserve additional venues for events in excess of the six (6) events authorized by this subsection, subject to the City's regular facility fee according to the City's Master Fee Schedule and reserved through the park rental system administered by the City.
Council Agenda 3-21-2023 12.C-6
Attachment 1A
h. Park Rental and Public Use. Areas not identified as FOPH Designated Use, and not reserved by FOPH as provided herein, will be open to the public and may be included in the park rental system administered by the City. City will advise FOPH when a portion of the park is reserved or has a reservation pending.
i. FOPH Property Tours and FOPH Events of less than 50 people. FOPH may conduct walking history tours on all days and of all areas of the Park, except that scheduling of such tours in rentable areas is subordinate to park rentals by the public through the park rental system administered by the City. Neither FOPH Property Tours nor FOPH Events of less than 50 people require City SEC permit.
j. Additional use restrictions. Additional use restrictions shall be as set forth in Exhibit B.
6. Improvements. FOPH is encouraged to move forward with self-funded improvements or alterations to the Property included within City approved planning documents. Where permits are required by the City, FOPH will act as the applicant to obtain required permits. Where permits are not required, FOPH will be allowed to move forward with improvements consistent with the City approved development documents upon approval by the City Manager. FOPH is encouraged to share their project work plans with the City regularly to coordinate efforts.
a. Conditions of Approval. City may impose as a condition to the aforesaid consent such requirements as City may deem necessary in its sole discretion, including without limitation thereto, performing the work itself, specifying the manner in which the work is to be done, selecting the contractor by whom the work is to be performed and the times during which it is to be accomplished, and requiring the removal of any additions, alterations or improvements upon the expiration of the License Period and the restoration of the Property to the same condition as on the date FOPH took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by City, and such work shall be diligently prosecuted to completion.
b. Improvements Required by Law. Subject to the approval conditions of this Section, FOPH shall, at no cost to City, make or cause to be made all improvements or alterations to the Property required by law due to FOPH's use of the Property or FOPH's application for any governmental permit. If City shall be required by any governmental agency to make any improvements or alterations to the Property, City shall have the option to terminate this License.
c. Alterations and Additions. All improvement projects on the Property shall be done under proper permits and in accordance with local regulations and codes in effect at the time and the special requirements of the City of Pismo Beach and its Community Development and Public Works Departments, subject to California and federal regulations for historic preservation. All such work shall be done in accordance with complete and detailed review and approval by the appropriate City department. City may consult at its own option, with FOPH regarding additional grant-funded or other improvements to the Property as set forth in the master plan for the Property.
d. Liens. FOPH shall pay the costs of any work done by it on the Property and shall keep the Property, buildings and grounds free and clear of liens of any kind. FOPH shall indemnify, defend against and keep City free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred on account of claims by any person Council Agenda 3-21-2023 12.C-7
Attachment 1A
performing work or furnishing materials or supplies for FOPH or any person claiming under FOPH. Before the actual commencement of any work for which a claim or lien may be filed, FOPH shall give City notice of the intended commencement date a sufficient time before that date to enable City to post notices of non-responsibility or any other notice which City deems necessary for the proper protection of City's interest in the Property, buildings or grounds, and City shall have the right to enter the Property and post such notices at any reasonable time.
e. Bonds. City may require, at City’s sole option, that FOPH Is Contractor, or if City's Contractor is performing the Work, the City's Contractor, provide to City, at FOPH's expense, a performance bond in an amount equal to at least one and one-half (1-1/2) times the total estimated costs of any additions, alterations or improvements to be made in or to the Property, and a payment bond in an amount equal to at least 100% the total estimated costs to protect City against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section shall relieve FOPH of its obligation to keep the Property, buildings and grounds free of all liens.
f. Removal of Improvements upon Termination of License. If FOPH makes any improvements or alterations to Property, City shall have the option to require FOPH to remove any such improvements or alterations made by FOPH prior to the end of this License at no cost to City. If FOPH fails to comply with City's request to remove any such improvements or alternations, City shall have the option to remove any such improvements or alterations at FOPH's cost. In that event, FOPH shall promptly reimburse City for City's cost within ten (10) days after receiving City's written demand. If any improvements or alterations are not removed when this License terminates, such improvements or alterations shall become part of the Property and FOPH shall not have any claim against City or interest in such improvements or alterations. Provided, however, FOPH's equipment, machinery and trade fixtures which can be removed without damage to the Property shall remain the property of FOPH and may be removed, subject to the provisions of this License. At the end of this License, should it not be renewed, or in the event FOPH dissolves, FOPH agrees to donate the furnishings and exhibits FOPH placed on the Property to the City at no cost to the City.
7. Landscaping, Maintenance, and Repair of the Property. Except as set forth in the following sentence, City shall be responsible for the landscaping, repair and structural maintenance of the Property, including without limitation the Price and Meherin Houses, at no cost to FOPH. FOPH shall be responsible for the cosmetic maintenance and repair of the Price Anniversary House and Meherin House, and janitorial and custodial services at the Houses, at no cost to City for the License Period and any Extended License Period. The scope and frequency of FOPH's janitorial and custodial services to the Property are more specifically described in Exhibit B attached hereto and made a part hereof. If such services required of FOPH are not provided and if the condition continues for more than 30 days after receiving written notice from City, FOPH shall be in default and City shall be entitled to exercise all rights and remedies under this License.
8. Utilities, Telephone/CabIe Television, Security Services, Garbage Service, and Temporary Restrooms. City shall pay for the following utilities: gas, electricity, security services, water and wastewater serving the Property. FOPH shall pay for all other utilities. City shall be responsible for providing security services to the Price Anniversary House and Meherin House and the to-be-built Maintenance Barn and Prep Kitchen. At no cost to FOPH, City shall at a minimum install and maintain fire detection and alarm system that shall comply with all applicable code requirements. City shall provide park operations trash removal to the Property.
Council Agenda 3-21-2023 12.C-8
Attachment 1A
9. Hazardous & Toxic Materials. FOPH shall not use, create, store, or allow any hazardous and toxic materials on the Property except for those materials and supplies normally and customarily used for residential housekeeping, maintenance, or cleaning. FOPH shall not cause or allow the deposit or disposal of any such hazardous or toxic materials on the Property.
10. Insurance. FOPH shall purchase and maintain insurance policies in an amount and coverage satisfactory to City for the License Period and any Extended License Period. A copy of all required insurance policies shall be delivered to City prior to the execution of this License unless City shall request from FOPH a Certificate of Insurance.
a. FOPH's Insurance. FOPH's insurance policies shall consist of at least the following:
Comprehensive or Commercial Form General Liability Insurance (contractual liability and fire legal liability included), with minimum limits as follows:
1. Each Occurrence: One Million Dollars ($1,000,000)
2. Products/Completed Operations Aggregate: One Million Dollars ($1,000,000)
3. General Aggregate: Two Million Dollars ($2,000,000)
b. If the insurance is written on a claims-made form, following termination of this License, the coverage shall survive for a period of not less than three years. Coverage shall provide for a retroactive date of coverage coinciding with the commencement date of this License.
c. If FOPH has employees, Workers' Compensation and Employers Liability Insurance in a form and amount covering FOPH's full liability under the Workers' Compensation Insurance and Safety Act of the State of California as amended from time to time. FOPH shall also obtain appropriate insurance to cover bodily injury to any of its volunteers.
d. Such other insurance in amounts which at any time may be reasonably required by the City against other insurable risks relating to FOPH's use of the premises.
In each of the insurance policies referenced under this paragraph, the City of Pismo Beach, its elected and appointed officials, officers, agents, and volunteers shall be named as additional insureds. Prior to the execution of this License, FOPH shall either furnish the City with a copy of the insurance policies or Certificates of Insurance and endorsements evidencing compliance with all insurance requirements. The Certificates shall contain provisions for thirty (30) day advance written notice to City of any modification, change or cancellation of any of the above insurance coverage. If the policy cannot be amended to require such notice, FOPH shall provide City such notice not later than 24 hours after the effective date of such changes.
11. Exemption of City from Liability. As pertains to the interior of the Price Anniversary House and the Meherin House, and portions of the to-be-built Maintenance Barn and Prep Kitchen, except when such structures or areas are rented to the public through the City Rental System, FOPH agrees that City shall not be liable under this License for any injury to FOPH's business or loss of FOPH’s income or for damage to the goods, wares, merchandise or other property of FOPH, FOPH's employees, invitees, customers, or any other person in or about the Property, nor shall the City be liable for injury to any of FOPH's employees, agents or contractors, as a result of any condition of the Property or any building or structure on the Property, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, lighting fixtures, or from any other cause in or about the Property, whether the said damage or injury results from conditions arising from the Property or in other parts of the buildings or structures on the Property, or from other sources or places on the Property and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to FOPH.
Council Agenda 3-21-2023 12.C-9
Attachment 1A
12. Relationship with City. No person employed or otherwise retained by FOPH shall give direction to City employees except through the City’s designated Staff Liaison. In the event a FOPH Board Member, docent or other representative of FOPH is the subject of an investigation relating to workplace harassment of a City employee, volunteer or agent, City staff may, at its discretion, depending on the nature of the allegations, bar such person from the Property and from interaction with City staff until the conclusion of the investigation. In the event the person is found to have committed unlawful harassment against a City employee, City official, City contractor, or member of the public in the course of the person’s work for FOPH, the City may permanently bar the person from the Property and from interactions with City staff.
13. Relocation. FOPH understands and agrees: (1) that FOPH shall not be eligible for any relocation benefits when this License terminates, (2) that this License shall not create any rights or interests in FOPH to receive any relocation benefits and (3) that FOPH shall not make any claims against City for any relocation benefits. As a material inducement for City to enter into this License, FOPH waives all rights to any relocation benefits under any applicable law or regulation and releases City from any obligation to provide any relocation benefits.
14. Possessory Interest Taxes. If FOPH's interest under this License is subject to any possessory interest tax or other property tax, FOPH shall be responsible for the payment of such taxes or assessments.
15. Retained Right of Entry. City may enter the Property at any time to use, inspect, install, construct, repair or maintain any part of the Property.
16. Condition of Property. FOPH has inspected the Property and agrees to accept the Property in the "as is" condition, without any warranty expressed or implied. When the License terminates, at FOPH’s own cost, FOPH shall clean and restore the Property to the condition that existed on the day this License Period commenced, except for normal wear and tear.
17. Assignment or Subletting. This License is personal to FOPH. FOPH shall not transfer, pledge, assign or sublicense this License or any rights or interest under this License. Any attempted transfer, pledge, assignment, or sublicense of this License shall be null and void resulting in a default under this License.
18. Termination. This License is not intended to serve as or be interpreted as a lease or any other similar estate in real property between the City and FOPH. Either party may terminate this License at any time, by providing written notice to the other party of said termination at least ninety (90) days prior to the effective date of any such termination.
19. Notices. Any notice, demand, or communication relating to this License shall be delivered personally or sent by prepaid, registered, or certified, U.S. Mail addressed to the respective parties. Any notice given by certified or registered mail shall be deemed given on the third business day after its deposit in the United States mail. Each party may by written notice to the other party change the address to which notices shall thereafter be mailed.
To: City of Pismo Beach
Attention: City Manager
760 Mattie Road
Pismo Beach, CA 93449
To: Friends of the Price House
PO Box 1418
Pismo Beach, CA 93448-1418
Council Agenda 3-21-2023 12.C-10
Attachment 1A
20. Default. The occurrence of any of the following events shall constitute a default under this License:
a. Failure to pay any sums of money due under this License when such failure to pay continues for ten (10) days after FOPH shall have received notice from City.
b. Failure to perform any other provision of this License if the failure to perform is not cured within thirty (30) days after FOPH shall have received notice from City. If the default cannot be reasonably cured within thirty (30) days, FOPH shall not be in default if FOPH commences to cure the default within such thirty (30) day period, notifies City in writing of its intention to cure the default, and exercises due diligence and best efforts to cure the default.
c. FOPH shall have abandoned the Property or have breached or violated any terms and conditions of this License.
21. City's Remedies. In the event of any default by FOPH, City shall have the following remedies in addition to all other rights and remedies provided by law or otherwise provided in this License which City may enforce cumulatively or in the alternative:
a. City shall have the option to keep this License in force and effect and to enforce any action at law or in equity to: (1 ) recover any sums of money becoming due under this License, (2) make payments required by FOPH or perform FOPH's obligations and to be reimbursed by FOPH for such cost with interest at the then maximum rate of interest permitted by law from the date of City’s payment until City is reimbursed, and (3) remedies of injunctive relief and specific performance to prevent FOPH from violating the terms of this License and to compel FOPH to perform its obligation under this License.
b. City shall have the option to terminate this License by providing written notice to FOPH to be effective on the date set forth in such termination notice. Any such termination shall not release FOPH from its obligation to make any payments due under this License or to comply with any provision of this License.
c. In the event that FOPH abandons the Property, City may terminate this License provided that City shall first provide written notice to FOPH with express notice of such termination.
22. Damage or Destruction. If all or part of the Property is destroyed or damaged from any cause and the resulting damages frustrates FOPH's use of the Property or causes the use of Property to be unfit for the intended purpose or use described in this License or creates a unsafe or hazardous condition, either party shall have the option to terminate this License upon written notice to the other party. In any event, City shall not have any obligation to FOPH under any circumstances to repair any damage to the Property or to rebuild any structure on the Property.
23. Compliance with Laws. FOPH shall at all times and at no cost to City comply with all applicable laws and regulations relating to this License.
24. Condemnation. If all or part of the Property is taken under the power of eminent domain, or sold under the threat of condemnation, either party shall have the option to terminate the License upon thirty (30) days written notice to the other party.
25. Legal Effect. This License shall not be construed as a partnership between City and FOPH and it is not intended to create a third-party beneficiary contract.
Council Agenda 3-21-2023 12.C-11
Attachment 1A
26. Entire Agreement. This License contains the entire agreement of the parties relating to the subject matter of this License and may not be amended except in writing signed by both parties. Any prior lease or agreement between the parties shall have no force and effect on this License.
In Witness hereof, the parties have executed this License on the dates set forth below.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
FOPH:
Friends of the Price House, a California non-
profit corporation
Signed:
Name: Jeannie Nix
Title: President
Dated: ________________________________
Email address for official communications:
______________________________________
Attachments:
Exhibit A: Price House Historical Park Property Diagram Exhibit B: Additional Maintenance And Use Provisions
Council Agenda 3-21-2023 12.C-12
Attachment 1A
EXHIBIT A
Price House Historical Park Property Diagram
Council Agenda 3-21-2023 12.C-13
Attachment 1A
EXHIBIT B
Additional Maintenance And Use Provisions
1. Minimum Requirements. The scope of services and the time for such services to be provided by FOPH are minimum requirements. FOPH shall provide such services to the Property in a professional and workmanlike manner creating an appearance and atmosphere that is appealing and inviting to the general public. FOPH shall expand the scope of services and time required to provide such services if the overall appearance of the Property falls below the standards required to maintain the Property consistent with its historical and architectural value as a landmark property.
2. Minimum Standards. The Price Anniversary House has been designated a Historical Landmark of the City (Resolution 87-133), a California Point of Historical Interest (SLO-002) and has been placed on the National Register of Historic Places (88002013). The Meherin House is a Pismo Beach historic home.
FOPH agrees to provide such janitorial and custodial services for the Houses and to maintain the Orchard at a high level consistent with properties having such designations that are open to the general public and viewed as a landmark property.
Council Agenda 3-21-2023 12.C-14
Attachment 1A