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RESOLUTION NO. R-2023-020
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 2O27
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 Newton, seconded by Council Member Guthrie, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21 day of March 2023, by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Approved:
Ed Wiage, -Mav6r
Newton, Guthrie, Inman, Reiss, Waage
Attest:
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R-2023-020
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7 LICENSE AGREEMENT
WBETWEEN THE CITY OF PISMO BEACH AND FRIENDS OF THE PRICE HOUSE, INC.
This Ucense Agreement ("License") is made as of the dale 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".
Watched hereto and incorporated herein. The Property includes:
1. The Price Anniversary House, 100 Rancho Pismo Drive, Pismo Beach, California ("Price House").
2. The Mehedn 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 Greco 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, either party shall have the right to extend the License for one Extended License Period of five (5) years on the same terms and conditions described in this License by submitting such request to the other party in writing, provided that the requesting parry 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 from 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 Ucense 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 Mattis Road, Pismo Beach, CA 93449.
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5. Use. As used herein, 'Designated Use shall mean use to the exclusion of the City's park rental N
system, and 'Priority Use" shall mean use prioritized over the City's park rental system. FOPH shall CD
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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 picket4enced 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) Mehedn 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, andfor used to hold meetings of FOPH. FOPH shall be entitled to charge admission for entrance into the Mehedn House. When ready for public occupancy, rentals by the City of portions of the ground floor of the Mehedn House will be coordinated with FOPH and will be included as pan 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 basing plants and trees and FOPH outdoor activities. to
d. (Site 94) 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/walleMandscaped/constructed in accordance with a City-O approved Landscape Improvement Plan. Upon competition of the Event Green, FOPH will" have Priority Use, per Subsection g below. LLI
e. (Site #5) Maintenance Facility. FOPH shall initially have Designated Use of storage in the(D Maintenance Facility for antique storage and event and maintenance equipment. Theo restrooms will be lockable and available for park events. Upon construction of then Maintenance Facility, which may contain a Catering and/or Prep Kitchen, an adjoining Picnic Area, Restrooms, and storage/maintenance space, the Prep Kitchen, Resiroom and Picnic area will be available through the park rental system administered by the City.
I. (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 Sam and Milk House. Upon completion of the Maintenance Bam, the fence for the remaining area will be reconfigured. Upon completion of restoration of the Buggy Sam andfor Milk House, the enclosure may be open for tours.
g. City Rental Venue Areas. In addition to Designated Uses itemized in subsections a. through I., FOPH shall have Pnonty 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.
Exhibit A
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R-2023-020
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X20. Default The occurrence of any of the following events shall constitute a default under this License:
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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 itthe failure to perform is not cured within thirty (30) days after FOPH shall have received notice from Chy. If the default cannot be reasonably cored within thirty (30) days, FOPH shall not be in default it 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 Ucense which City may enforce cumulatively or in the allemative:
a. City shall have the option to keep this License In force and effect and to ane=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 ot 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 prevision of this Ucense.
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 pan 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 simcture 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.
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 Wtness 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: Eris Indedied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Tide: 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
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Exhibit
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