City of Culver City, California
Redevelopment Agency Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council:
1. Consider a fee waiver request made by the Culver City Chamber of Commerce
(the “Chamber”) for the CulverExpo ’08 (the “Expo”); and
2. Designate the Expo as a City-sponsored event.
Staff recommends the Redevelopment Agency (“Agency”):
1. Determine what level of support, if any, it wishes to provide to the Chamber in
the form of a reimbursement to the City of its costs associated with the Expo;
and
2. Consider a fee waiver request for Agency costs; and
3. Designate the Expo as an Agency-sponsored event; and
4. Approve a license agreement for the use of Media Park.
BACKGROUND:
The Chamber proposes to host its Annual CulverExpo ’08on Wednesday, June 25,
2008 from 3:30pm to 7:00pm, with set-up beginning at 8:00am and final clean-up
Meeting Date: 6/2/08 Item Number:J-1
AGENDA ITEM: JOINT ITEM: 1) Consideration of a Fee Waiver Request by the
Culver City Chamber of Commerce for the “CulverExpo ‘08” Event;
2)Consideration of Designation of the CulverExpo ‘08 as a City-Sponsored or
Redevelopment Agency-Sponsored Event; and 3) Determination of the Level of
Redevelopment Agency Support for the CulverExpo ’08; and 4) Approval of a
License Agreement for the Use of Media Park.
Contact Person/Dept.: Jeremy Green Phone Number: (310) 253-5764
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Downtown Business Association (/ 08); Chamber of Commerce;
Master Notification List.
Department Approval:
Sol Blumenfeld (5/20/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (05/28/08)
Fiscal Impact Review:
Jeff Muir (by M. Noller) (05/28/08)
City Manager Approval:
Jerry Fulwood (05/28/08) City of Culver City, California
Redevelopment Agency Agenda Item Report
ending at 9:00pm. As proposed, the Expo will be presented at Media Park, which
is leased to the Culver City Redevelopment Agency by the City of Los Angeles.
The Expo is a yearly event that facilitates networking between businesses and
consumers, and stimulates the economic vitality of Culver City. Once again, the
Chamber will provide the City with a booth for Economic Development messaging
at the Expo, offering a prime opportunity to promote the various programs and new
developments within the City of Culver City. Agency staff will act as a liaison to the
Chamber in the planning and execution of the Expo and promote the event through
the City’s website and via email, encouraging businesses to participate and the
public to attend.
DISCUSSION:
Fee Waiver Request
At the March 17, 2008 Agency meeting, the Agency approved Policies related to
the Management of Media Park. As approved, interested exclusive users of Media
Park must obtain a Special Events Permit from Culver City’s Committee on Permits
and Licenses, obtain any permits required from the City of Los Angeles, execute
and abide by requirements of a Media Park License Agreement, pay a $3,000
deposit and a $100 rental fee for general maintenance for each twenty-four hour
period of use.
The Chamber is requesting a fee waiver for 1) the use of the twenty available
metered parking spaces south of Media Park, parallel to Culver Blvd.; 2) the use of
200 parking spaces in the Ince Parking Structure for up to twelve (12) hours; 3)
costs for the installation of three banners across the right-of-way in the following
locations: across Washington Boulevard at Walgrove Avenue; across Overland
Avenue in the front of the Veterans Memorial Building; and across Sepulveda
Boulevard near Berryman Avenue; and 4) electrical and sanitation costs.
License Agreement
The Chamber is requesting exclusive use of Media Park for the Expo event. Per
Agency policy, such use requires the Chamber to enter into a license agreement
with the Agency and pay the fees associated with exclusive use of Media Park.
The Chamber is not requesting a fee waiver with regard to these costs. The
license agreement will further set forth the duties and responsibilities of the
Chamber relating to the operation of the Expo, and any benefits conferred upon
the Chamber by the Agency and/or City (i.e. use of parking spaces, fee waiver,
where applicable, etc.). Staff recommends the Agency approve a license
agreement with the Chamber and direct staff, in consultation with Agency counsel
or the City Attorney’s Office, to prepare such agreement consistent with the
Agency’s and Council’s direction this evening. City of Culver City, California
Redevelopment Agency Agenda Item Report
Banner Request
The Chamber requests that Council allow the organization to post banners in the
public right-of-way to advertise the Expo event. The Chamber is not requesting a
fee waiver with regard to these costs. Currently, Section 17.330.040 of the
Culver City Municipal Code (CCMC), relating to Signs in the Public Right-of-Way,
provides for certain exceptions to posting signs in the public right-of-way (which is
generally prohibited). One such exception is for signs relating to the “promotion of
civic events and activities” where those events and activities are “organized or
sponsored by the City or Redevelopment Agency.” (CCMC Section
17.330.040.B.7.a) For purposes of this Section, the City has adopted certain
standards/definitions to determine whether an event or activity qualifies for this
exception. Those standards and definitions are embodied in the CCMC, as well as
in City Council Policy No. 2008-01 regarding Community Organization, which was
adopted by the City Council on February 19, 2008. The Policy provides a
process for determining if an event is considered “Sponsored” by the City
and/or the Redevelopment Agency. Following is the section of the Policy
related to City Sponsored Events:
Category 3: City Sponsored Events
This category is for events which are produced by City Organizations that are not
Official City Committees (Category 1) or Cooperative Community Groups (Category
2). To be considered a City Sponsored Event, the event must:
(1) be a civic event or activity organized or sponsored by the City or
Redevelopment Agency (CCMC Section 17.330.040.B.7.a); and,
(2) To determine whether the civic event or activity is “sponsored” by the City
or Redevelopment Agency, the following criteria must be met: The City and/or
Redevelopment Agency is (a) participating in an official capacity in the
planning, preparation, or promotion of the event or activity; and (b) contributes
25% of the total estimated cost of the event or activity or at least $1,000,
whichever is less. (Note: this contribution may take the form if funds, labor, staff
time, materials, a waiver of fees, or any combination of the foregoing); and,
(3) By specific action, the City Council has determined that the above criteria
have been met
The Chamber requests that the Council designate the Expo a City-sponsored
and/or Agency-sponsored event, based upon the above criteria as contained in the
CCMC and the Policy:
It should also be noted that City/Agency staff will be brining back a future agenda
item to consider whether to enter into a memorandum of Understanding or similar
document with the Chamber relating to the City’s/Agency’s relationship with the City of Culver City, California
Redevelopment Agency Agenda Item Report
Chamber, including issues relating to future Expo and other events organized by
the Chamber (i.e. Mayor’s Luncheon, Public Safety Awards Luncheon) in
accordance with the provisions of City Council Policy No. 2008-01 relating to
Community Organizations.
FISCAL ANALYSIS:
Staff has compiled costs associated with the Expo, which are estimated to be
approximately $4,900. The Chamber of Commerce has requested a fee waiver for
this amount. It will take one staff member approximately 25 hours to complete the
tasks. This equates to City costs of approximately $1,325 (assuming the average
fully burdened hourly rate of $53 for a Management Analyst.) In addition to Agency
staff costs, the cost for Public Works is estimated to be approximately $1,774.
The total costs to both the City and the Agency for the request, including staff time,
are estimated to be:
Ince Parking Lot (200 cars @ $6/day) $1,200 (Agency)
Staff time (25 hours) $1,325 (Agency)
Total Agency Costs $2,525
Media Park parking lot (20 spaces) $ 300 (City)
Banner installation costs $ 300 (City)
Public Works Fees
Sanitation (staff, equipment) $ 574 (City)
_____Electrical (staff, equipment) ____ $1,200 (City)____
Total City Costs $2,374
TOTAL AGENCY AND CITY COSTS $ 4,899
If the Council decides to waive the fees, the Agency may consider whether to
make up the loss of revenue to the City. There are sufficient funds in the Economic
Development budget (Account No. 55090200.610200 “Marketing Services”) to fund
the costs associated with the event.
ATTACHMENTS:
1. City Council Policy Statement 2008-01 (Community Organizations)
2. Staff Report “Consideration of Policies related to the Management of Media
Park”, dated 3/17/08.
3. Media Park Lease between the Redevelopment Agency and the City of Los
Angeles.
4. Media Park Exclusive Use License Agreement template.
5. Request Letter from Chamber of Commerce, dated 4/10/08. City of Culver City, California
Redevelopment Agency Agenda Item Report
MOTION:
That the City Council:
1A. Approve the fee waiver request made by the Chamber of Commerce for
the CulverExpo ’08 and determine the amount to be $-
________________;
OR
1B. Deny the fee waiver and expenditures request made by the Chamber of
Commerce for the CulverExpo ’08.
AND
2A. Determine the criteria of City Council Policy Statement 2008-01 have
been met and designate the CulverExpo ’08 as a City-sponsored event;
OR
2B. Determine that the CulverExpo ’08 is not a City-sponsored event.
That the Redevelopment Agency:
1A. Approve the Agency fee waiver request made by the Chamber of
Commerce for the CulverExpo ’08 and determine the level of support, if
any, it wishes to provide to the CulverExpo ’08 in the form of a
reimbursement to the City of its costs associated with the event to be
$_________________;
OR
1B. Deny the fee waiver and expenditures request made by the Chamber of
Commerce for the CulverExpo ’08. Determine what level of support, if
any, it wishes to provide to the CulverExpo ’08 in the form of a
reimbursement to the City of its costs associated with the event.
AND
2A. Determine the criteria of City Council Policy Statement 2008-01 have
been met and determine that the CulverExpo ’08 is an Agency-
sponsored event; City of Culver City, California
Redevelopment Agency Agenda Item Report
OR
2B. Determine that the CulverExpo ’08 is not an Agency-sponsored event.
AND
3. Approve a license agreement between the Redevelopment Agency and
the Culver City Chamber of Commerce; and,
4. Authorize the Agency General Counsel to review/prepare the necessary
license agreement; and,
5. Authorize the Executive Director to execute such documents on behalf of
the Agency.
MEETING DATE: June 2, 2008
1)Consideration of a Fee Waiver Request by the Culver
City Chamber of Commerce for the "CulverExpo '08" Event;
2)Consideration of Designation of the CulverExpo '08 as a
City-Sponsored or Redevelopment Agency-Sponsored
Event; and 3) Determination of the Level of Redevelopment
Agency Support for the CulverExpo '08.
AGENDA ITEM:
ATTACHMENTS
Pages
1. City Council Policy Statement 2008-01 (Community Organizations) 1-5
2. Staff Report "Consideration of Policies related to the Management 6-8
of Media Park", dated 3/17/08.
3. Media Park Lease between the Redevelopment Agency 9-28
and the City of Los Angeles.
4. Media Park Exclusive Use License Agreement template.
29-38
5. Letter from Chamber of Commerce, dated 4/10/08. 39ATTACHMENT 1
City Council Policy Statement No. 2008-oi
Subject Matter: Community Organizations
Adopted by Resolution No. 2008-R on
PURPOSE
The purpose of this policy is to provide objective criteria for application in
determining the status of a Community Organization with respect to three areas:
• City Sponsorship
• Eligibility for use of the City's Banner Poles
• the Official Relationship between the City and the
Community Organization
This Policy shall apply to all Community Organizations that are provided financial
support by the City and/or the Redevelopment Agency. Additionally, this Policy
shall provide additional clarification when determining if a Community
Organization qualifies as "City Sponsored" for purposes of determining
applicability of rental rates at the Veterans Memorial Complex and other City
facilities and other purposes.
GENERAL DEFINITION OF CITY SPONSORED AND CIVIC EVENT OR
ACTIVITY
"Sponsored" means that the City and/or Redevelopment Agency is (a)
participating in an official capacity in the planning, preparation or promotion of the
Civic event or activity; and (b) contributing 25% of the total estimated costs of
the civic event or activity, or at least $1,000, whichever is less. This contribution
may take the form of funds, labor, staff time, materials, a waiver of fees, or any
combination of the foregoing. (this definition is taken from Culver City Municipal
Code Section 17.330.040.B.7.b.ii)
"Civic event or activity" means any event or activity organized or sponsored by
the City or Redevelopment Agency including, but not limited to, (a) any public
program or educational activity; and (b) the commemoration or celebration of any
historical date, event or person, holiday or persons or events of local, state or
national significance. ( this definition is taken from Culver City Municipal Code
Section 17.330.0403.7.b.i)
COMMUNITY ORGNAIZATION CATEGORIES
Category 1: Official City Committees
To be eligible for this category, the Community Organization must meet the
following criteria:
Page 1 of 5
1
Exhibit 'A" to Resolution No. 2008-R 011(1) All members of the Community Organization are either appointed (a)
directly by the City Council or (b) by any City Council/Agency created
body upon direction of the City Council; OR
(2) The Community Organization's members are approved and/or
ratified by the City Council/Agency.
For clarification, the City Council, Redevelopment Agency, and City Staff (in
the conduct of Official City Business) are also included in Category 1.
Summary Table
City and/or
Banner ?
Lease/MOU
Agency
Needed?
Sponsored?
Yes
Yes
No
Category 2: Cooperative Community Groups
This category includes Community Organizations that meet all of the following
criteria:
(1) Members are not appointed by the City Council or a City
Council created body
(2) The Community Organization works closely with the City
Council/Staff to organize civic events and/or activities
organized or sponsored by the City or Redevelopment Agency
(as those terms are defined in Section 17.330.040.B.7.b of the
Municipal Code — Attachment 2)
(3)
Directly receives or provides City or Agency funds (as
opposed to a waiver of fees) approved by the City Council;
(4) The Community Group is a legally recognizable group (for
example, a corporation, a 501(c)(3) organization, etc.)
(5)
The Community Group has negotiated and executed a
Memorandum of Understanding (MOU)* with the City.
Summary Table
City and/or
Banner ?
Lease/MOU
Agency
Needed? —
Sponsored?
Maybe**
Yes
*The terms Lease/MOU refer to any written agreement approved by both the
City/Agency and the Organization.
**Subject to the terms of the MOU and compliance with CCMC Section
17.330.040.
Page 2 of 5
Exhibit "A" to Resolution No. 2008-R °IICategory 3: City Sponsored Events
This category is for events which are produced by City Organizations that are
not Official City Committees (Category 1) or Cooperative Community Groups
(Category 2). To be considered a City Sponsored Event, the event must:
(1) be a civic event or activity organized or sponsored by the City or
Redevelopment Agency (CCMC Section 17.330.040.B.7.a); and,
(2) To determine whether the civic event or activity is "sponsored"
by the City or Redevelopment Agency, the following criteria must be
met: The City and/or Redevelopment Agency is (a) participating in an
official capacity in the planning, preparation, or promotion of the
event or activity; and (b) contributes 25% of the total estimated cost of
the event or activity or at least $1,000, whichever is less. (Note: this
contribution may take the form if funds, labor, staff time, materials, a
waiver of fees, or any combination of the foregoing); and,
(3) By specific action, the City Council has determined that the
above criteria have been met
Summary Table
City and/or
Banner ? Lease/MOU
Agency
, Needed?
Sponsored?
Yes
Yes
No*
Category 4: City Facility Lessees
These are Community Organizations which are parties to a lease agreement
with the City and/or the Redevelopment Agency. The lease agreement is
subject to the legal review and approval of the City Attorney's Office and
approval by the City Council.
The lease agreements embody the responsibilities of both the City/Agency
and the lessee (Community Organization). Additionally, leases can only be
executed between the City/Agency and a legally recognizable group.
Summary Table
City and/or
Banner ?
Lease/MOU
Agency
Needed?
Sponsored?
No
No
Yes
Page 3 of 5
Exhibit "A" to Resolution No. 2008-R 0Category 5: Volunteer Organizations and Individuals
No specific privileges are granted to volunteer organizations or individuals, in
general. However, Volunteer Organizations may request the City Council
enter into a MOU or similar agreement which would require the City Council's
approval (so long as the Volunteer Organization is a Legally Recognized
Entity).
Summary Table
City and/or
Banner ?
Lease/MOU
Agency
Needed?
Sponsored?
No
No
Maybe
Category 6: Other Organizations
This category captures those Community Organizations which do not qualify
for the other 5 categories. Community Organizations which petition the City
for benefits are required to enter into either a lease agreement (in which case
they would qualify for Category 4) or enter into an MOU with the City.
Additionally, the number of Organizations which qualify for Category 6 should
be small in number.
Summary Table
City and/or
Banner ?
Lease/MOU
Agency
Needed?
Sponsored?
No
Maybe
LEGALLY RECOGNIZED STATUS
Community Organizations who wish to receive support from the City shall be
organized in a legally recognizable way. Following are several examples of a
legally recognized entity:
• Corporation
• Partnership (including limited partnership)
• Charitable Organization 501(c)(3) or equivalent
• Sole Proprietorship
The City Attorney's Office may determine other legally recognizable entities
which would be eligible to enter into agreements with the City.
Page 4 of 5
Exhibit "A" to Resolution No. 2008-R0011FISCAL REPORTING
• Because of the importance of carefully monitoring of the use of the public's
money, staff is directed to include in all MOUs with Community Organizations
a requirement to report at least semi-annually to the City Council on the
financial activities of the Organization. This provides the Organization with an
opportunity to inform the City Council of its activities over the last six-month
period and provides the City Council with an opportunity to ask questions of
the Organization.
IMPLEMENTATION DATE
This policy shall become effective: The first day after the expiration of a specific
Community Organization's existing rental agreement with the City, or January 1,
2009, whichever date occurs first.
Page 5 of 5
5
Exhibit "A" to Resolution No, 2008-R 011ATTACHMENT 2
City of Culver City, California
Redevelopment Agency Agenda Item Report
Meeting Date: 03/17/08 Item Number: Al
AGENDA ITEM: Consideration of Policies related to the Management of Media
Park.
Contact Person/Dept.: Todd Tipton Phone Number: (310) 253-5783
Fiscal Impact: Yes [X] No [] General Fund: Yes 0 No [X]
Public Hearing: 0 Action Item: [X] Attachments: [X]
Public Notification: Downtown Business Association (03/13/08); Chamber of Commerce
(03/13/08); Master Notification List (03/13/08).
Department Approval:
Sol Blumenfeld (03/06/08)
Executive Director Approval:
Jerry B. Fulwood by Marlee Chang
(03/13/08)
Fiscal Impact Review:
Jeff Muir (by N. Kimball)
RECOMMENDATION:
(the "Agency") consider policies
(the "Substation") are owned by
The Agency obtained control of the park
year lease that allowed the Agency to
Substation were managed by Parks,
staff. Approximately five years ago
the Community Development Department
to the Centre Theater Group while the
was being renovated. Due to the
for managing the Substation.
subleased to The Actor's Gang once
and the Centre Theater Group moved
for special event or film rentals, staff
That the Culver City Redevelopment Agency
related to the management of Media Park.
BACKGROUND/ DISCUSSION:
Media Park (the "Park") and the Ivy Substation
and located in the City of Los Angeles.
and substation in 1987, through a 40
rehabilitate the facilities for its use.
Early in the lease term the Park and
Recreation and Leisure Services Department
those responsibilities were transferred to
as a result of a staff reorganization.
In 2002, the Substation was subleased
Culver Theater (now the Kirk Douglas Theatre)
sublease, staff was no longer responsible
In 2005, the Substation was subsequently
renovations to the theatre were complete
into the Kirk Douglas Theatre.
When the substation was no longer available
observed a decline in park rental.
Page 1 of 3
6City of Culver City, California
Redevelopment Agency Agenda Item Report
As downtown's popularity has increased, staff has observed a resurgence in park
rental interest for independent special events (Taste of the Nation, Wendy's, Indy
103 Recycling event, etc.) and activities ancillary to filming in the area (catering).
Based on the resurgence in interest regarding the use of the Park, staff is
requesting that the Agency consider management policies if it desires to make the
Park available to special events and activities ancillary to filming ("Interested
Users"). If the Agency is interested in making the Park available, staff is proposing
the following management policies:
1. Interested Users must obtain a permit from Culver City's Committee on
Permits and Licenses and abide by resulting conditions of approval;
2. Interested Users must obtain necessary permits/approvals from the City of
Los Angeles;
3. Interested Users must execute and abide by requirements in the attached
Media Park License Agreement;
4. Interested Users (for profit and non-profit) must pay a $3,000 deposit,
designated to pay for clean up and for any repairs associated with the use
of the park. Any unused portion of the deposit would be returned to the
user; and
5. Interested Users must pay a $100 rental fee for general maintenance
associated with the use of the park, for each 24 hour period of use.
FISCAL ANALYSIS:
Staff does not believe rental of the Park will generate significant revenues for the
Agency; however, use of the Park will increase downtown's exposure to new
visitors, possibly result in additional patronizing of downtown businesses and assist
the studios when filming in downtown. Because Park rental revenues will be
minimal and staff time will be consumed, management efforts related to rental of
the Park will likely have an adverse fiscal effect on the Agency.
A special event (similar to Taste of the Nation) generally consumes approximately
80 hours of one staff member's time. This equates to an Agency costs of
approximately $4,240 per event (assuming the average fully burdened hourly rate
of $53 for a Management Analyst.) Of course, this amount would vary depending
on the scope of the special event and the corresponding duties related to the event
(interdepartmental organization, street closures, arranging for permits, acting as
liaison of any related governmental organizations, etc.). The Agency could decide
Page 2 of 3
7City of Culver City, California
Redevelopment Agency Agenda Item Report
to recover all or a portion of the direct costs related to the management of Media
Park if desired.
ATTACHMENTS:
1. Minutes from September 24, 2007;
2. Media Park License Agreement.
MOTION:
That the Redevelopment Agency:
1. Consider policies related to the management of Media Park.
Page 3 of 3
8f- ,-,ATTACHMENT3
LE46.i;
LEASE BETWEEN CITY OF LOS ANGELES BY AND
THROUGH ITS HOARD. OFRECREATION' AND PARK::
COMMISSIONERS, AND . CULVER CITY REDEVELOPMENT
AGENCY OF PROPERTY KNOWN AS MEDIA PARK
LOCATED AT THE INTERSECTION OF VENICE
BOULEVARD, CULVER- BOULEVARD . AND CANFIELD
AVENUE IN THE CITY OF LOS ANGELES. .
For Public Park and Recreational Purposes.
This lease is dated
•
Al a
1987. Lessor. is
10 the City of Los Angeles ' a municipal corporation, acting by and
through its Board of Recreation and Park Commissioner's,
hereinafter called "Los Angeles." The lessee is the Culver City
Redevelopment Agency, a public body corporate and politic,
hereinafter called 'Agency". •
20
21
22
23
24
25
26
2:/
9. • .
RECITALS|109| Los Angeles it the Owner Of Certain real property
5 t
hereinafter Called "Property", located at the intersection of
6 Culver Boulevard, Venice Boulevard and Canfield Avenue. The
7 Property is located within the City of Los Angeles- The Property
a is a dedicated public park known. as "Media Park". It is legally
9 described ih txhibit A attached hereto. Pursuant to the provi-
10
sions of Los Angeles City Charter Section 170(b)(2)0, cledica.ted
parks may be leased to the State of California for a period of
not to exceed 50 Years for the erection and maintenance of
13 public buildings consistent with public park purposes. The
14 Agency is an agency of the State of California.,
15
16 The Property is adjacent to a redevelopment area ad-
17 irninistered by the Agenc y. The improvement of the Property and
18 use thereof for public park and recreational purposes is benefi-
19 cial to the territory of the redevelopment project- Therefore,
20
it is practical and desirable for the Agency to improve the
21 'Property and thereafter maintain it for public park and recrea -
22 tional purposes, as mdre-particularly set forth.,
24 The leasing of. the Property to the Agency will be beneficial•
25 to the City of Los Angeles- Such lease will allow the park to be
Improved, new park structures to be constructed, and will allow
27 the same to be maintained without expense to Los Angeles; while
JO
28
at the same time residents of Los Angeles will be able tothe Property and enjoy same to the same extent as residents of
2
Culver City. The lease will be beneficial to the Agency as it
3 may upgrade the. Property , its landscaping and improvements, to
4 be more compatible with its redevelopment project.|10109| Therefore, to effectuate the above intent, Los Angeles
7 leases the - Property to Agency and Agency accepts the Property
8 1 from Los Angeles upon the following terms and conditions.|10 10|11
12 The Property hereby leased is legally described on Exhibit
13 A_ It is illustrated on Exhibit B. It is located in the dity.of
14 Los
Angeles,. County of Los Angeles, State of California. It is a
15 part of the triangular shaped block bounded by Venice Boulevard
16 on
the northwest, Culver Boulevard on the northeast, and Canfield
17
Avenue on the southwest.
18
19 2. Purpose of Lease.
20
10 1. Description of Leased Property.
21
Los Angeles and Agency have entered into this lease agree-
ment for park and recreation purposes, and particularly to allow
23
the Property to be improved and maintained in a manner compatible
24 with the adjacent redevelopment project but also in harmony with
25 the Ivy Substation, an historic building located on a parcel
26 adjacent to the Property. Ivy Substation has also been /eased by
27
Los Angeles to Agency under a separate lease agreement,
28
hereinafter. the "Substation Lease".
-3 -The Property will be used pursuant to this lease as a park
2
open to the general public, except that Agency may permit it to
3 be reserved from time to time and at any time for special events
4 conducted on Property and/or on the adjacent Ivy Substation
5 Property, for individual periods of not to exceed three calendar
6 days. Such events may be conducted by either profit or non-
7 profit organizations.
3. Consideration by Agency|10 10
10|it
It is understood and agreed that the primary consideration
12
from Agency for this lease is the improvement, operation and
13 maintenance of the Property by Agency for the stated purposes.
-
14
No monetary rental shall be paid -to Los Angeles for the use of
15 the Property. In the event Agency makes a net profit through the
16
operation of the Property, then such net profit shall be placed
17 in a fund and separately accounted. for, and said net profit and
18 any interest or other earnings which may accrue thereon shall be
19
used only for the maintenance, operation and reserve for capital
20 replacement of_the Property and improvements thereon.
21
-
"Net profit' as used in this section means those sums
23
received in excess of the costs of maintenance, operation and
24 reserve for ca pital replacement of the Property and improvements
.25
thereon without deduction for or consideration of any deprecia-
,
26 tion, amortization, interest or indebtedness, or recapture of
'*4—
27 investment.
12
—4—
221|109| 4- Approval By City |1010|4 I All plans and specifications for work to be done upon the
5 improvements presently existing on the Property, for the con-
6 struction of new improvements, and for the installation of
7
landscaping and construction 'of incidental structures, shall be
8 subject to a reasonable approval by the Board of Recreation and
g Parks Commissioners of the City of Los Angeles taking into ac-
10 count that the operation of the Property is to be primarily for
11 public park and recreational purposes. •
12
13 5 Term, of Lease
.14
15 The term of this lease shall begin on the date inscribed
/6 above and shall continue for a period of forty (40) years
17 therefrom. The term of the lease may be extended at the option
of Agency for an_ additional term of not to exceed ten (10) yearsr
18
provided Agency ts not in default of its covenants under this
19
lease. Notice of exercise of the option must be given in writing
20
by Agency . to Los Angeles no later than six (6) months prior to
the ex -piration of the initia/ term, and the notice shall state
22
the number of years, not to exceed ten (10) years, of the renewal
23
term. No more than one option may be exercised by Agency.
24
25//
26 /7
27 /1/
28 11/ 136. Covenants of Agency |10109| At no Coat to LOs Angeles, Agency agrees to improve the
5
Property with landscaping and improvements for public park . use
6 and thereafter to maintain and repair the Property in a condition
7 suitable far public park use, all to be dOne in accordance With
8 plans and specifications approved-pUrSuant to paragraph 4 above.
16
17 .7. Bonds
18
19 If any construction work is to be done upon the Property,
20 employing pe•son's other than employees of the Agency or of Culver
21 City, then Agency shall obtain or cause the contractor for such
22 project to obtain a bOnd to guarantee payment Of iabdt and
23 Tfieterial furnished to the project in an amount and inform suffi-
24 cient to meet the requirements of California Civil Code Section
25 3284 and a bond to. guarantee completion of the projett, which
26 latter bond will be in favor of Los Angeles as well as in favor'
27
Agency and both of which bonds shall be subject to the
28 reasonable approval of the City Attorney of Los Angeles.|10 10|10 Los Angeles agrees that it will perform ell- of itS dUtieS of
11 reviewing plans and specifications And/Or isEding perMit8 and/or
12 inspecting the work under K no-fee permits ." under which Los
13 Angeles will not receive reimbursement of ekpensek.• dt Compensa-
14 tions for performing its obligations or exercising its rights
15 under this /ease
14
-6--,
1 . Ineurence|10109| In the event Agency acquires public liability and/or
4 property damage insurance, Los Angeles shall be designated as an
5 additional insured thereon. The providing nf such insurance,
6 however, shall not affect or limit Agency's obligations under
7 the provisions of paragraph 9 (Hold Harmless).|1010 9| In the event Agency acquires fire and casualty insurance for
10 the improvements upon the Property, and if a casualty occurs the
11 proceeds of such insurance shell be used to repair or replace the
12 improvements and landscaping if they are repairable. If the
13
14
.15
16
17
18
19
20
21
22
23
24
25
26
• 27.
-24
improvements and landscaping are destroyed or so damaged as to
not be repairable, or if the proceeds received are in excess of
the cost 0g repair the insurance proceeds or the excess proceeds
if a portion is used f r repair shall be divided between Agency
and Los Angeles in a proportion as follows:
To- Agency, an amount equal to the insurance proceeds
or the excess proceeds multiplied' by the remaining term of the
lease ', without any consideration of any option right, divided by
forty (40). To Los Angeles, the balance of the insurance
proceeds. For example, if non-repairable damage occurs in the
eleventh year of the lease (after the tenth anniversary but
before the eleventh anniversary) any insurance recovery shall be
shexed seventy-five (75) percent to Agency, Twenty-five (25)
percent to Los Angeles. Provided that Agency shall always be
entitled to receive no less than the total amount of its costs
-7-
15,3|101010101010 10|and expenses of the rehabilitation and/or construction of im-
2 provements on the site, to the extent of the proceeds of
insurance".
9. Hold Harmless
Agency agrees to save and hold Los Angeles harmless from all
claims or liability arising out of or in connection with the
improvement, operation and/or maintenance of the Property by
10 Agency and/or the use of the Property by /icensees or sublessees,
11 including the providing of. a defense to Los AngeleS and the
12 payment of any and all attorney's fees and costs of suit which
13 may be incurred by Las Angeles, provided, the provisions of this
14 section shall not apply to any liability of Los Angeles which is
-15 proximately created by the negligence of an office or employee of
16 Los Angeles.
18 10. Use of Property,. Maintenance, Cost of Maintenance
19
20 Agency shall operate the Property for public park and
21 recreational purposes. No fees may be charged_ for the use of the
22 property bY the general public but fees may be charged persons
23 who reserve the Property for special events. The Property and
24 all improvements shall be maintained in a clean, neat, attrac-
25 1 tive., safe and park-like condition at the sole cost of Agency,
26 and Los Angeles shall have no obligation to pay any potion of
27 such cost. Agency may perform such obligation by contractors or
28 by persons connected with the Ivy Substation property. However1 the obtaining of a promise from a contractor or other person to
2
perform such obligation shall not affect Agency's responsibility
3
to maintain the Property.
5 11- ' Laws, Ordinances and Regulations |1010| 7 Agency agrees to abide by and conform with any and all
8 applicable laws of the State of California and/or ordinances of
9
the County of Los Angeles and/or City of Los Angeles, whichever
10 are applicable in the operation of the Property, and to require
11 that any licensees or any other users of the Property also so
12
conform. Agency may establish regulations to govern the use of
131
the Property by licensees or any other users of the Propertyr
14 including members of the public, so long as such regulations do
15 not violate State law, County of Los Angeles ordinance and City
15 f Los Angeles ordinance.
17
18 I 12. Improvements
16
20 At all times the Property shall remain in the ownership and
21
within the governmental control of Los Angeles, subject to this
22
lease. However, if Agency submits and Los Angeles has approved a
23 master improvement plan for the Property, phased implementation
24
of the plan and phased installation of landscaping or additional
25 improvements shall be deemed approved and additional approvals
from Los Angeles shall not be required so long as said plans are
followed. However, if the proposed improvement requires applica-
tion for and issuance of a building permit by the Department of
.
17
— 26
27
28Building and Safety of Los Angeles, Agency shall first submit
2 plans and specifications for the improvements to the Gefieral
3 Manager of the De partment of Recreation and Peeks of Los Angelea
4 for review and approval. The provisions of this sections shall
5 not excuse compliance with laws, ordinances or regulations ap-
6 plicable to persons generally owning, constructing, or operating
7 properties in the City of Los Angeles.|10 9| 13. Title to Improvements
.10
11 In lieu of monetary consideration for this lease, it is
12 intended that Los Angeles receive compentation for its leas f
13 land by (1) o peration of the property aS'a pdblic. park for the
14 people of Los AncieleS and of Culver City,- (2) by the
15 construction and instillation Of landscaping and other improve-
16 ments on the Property and (3) the maintenance of landscaping and
17 other improvements in good condition. If any portion of such
18 consideration were not to be received by Los Angeles, Los Angeles
19 would not have entered into this lease. Therefore, any and all
20 landscaping and other improvements to the Property, shall be
21 deemed to be improvements to the land as soon as affixed thereto.
22 Such landScaping and improvements, however, shall 'remain in full
23 control and management of Agency for the purpose of use,. main-
24 tenance, repairs and/or replacement. Agency shall neither commit
25 nor permit any waste to the landscaping or im provements. The
26 improvements installed or placed on the Pro perty may be removed
27 therefrom if they are repladed with another item of ecual or
28 greater value but not otherwise. All imorovements on the
18
-10-..... .f?tit
1 property at the time this lease terminates shall be fully vested
2 in and the property of Los Angeles without payment of any further
3 compensation or other consideration to Agency, except that Agency-
4 and/or any sublessee shall remain the owner of trade fixtures and
. 5 may remove same.
If the Property, or structures thereon, are in such a condi-
tion as to constitute a nuisance, then Agency shall abate the
nuisance, including clearing the Property, if necessary, at its
expense but only to the extent of insurance proceeds, if any.
14. Assignment or Sublease
Agency- shall not assign or sublet the Property, or any part
thereof, or allow the tame to be used for Any other uses t-han
those specified in this lease,. nor shall Agency transfer, aSaign,
Or in any manner convey the rights or privileges herein gtalitd'
without first obtaining the written approval of Los Angeles. Any
assignment or sublease not previously approved in writing by the
General Manager of the Los Angeles Department of Recreation and
Parks shall be void.
The provisions of this section of the lease, however, shall
-- -
not prohibit Agency from assigning this lease to another local
government agency having the power and authority to operate the
Property for public- park and recreational purpdaes, including but
not limited to the City of Culver City It shall also tot
prohibit short term exclusive or nonexclusive licenses of the|1010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19This lease shall be in default if either of the following
22
23
zr,
_
. 1 Jentire Property or of any portion thereof pursuant to paragraph 2
2 above. This section shall also not prohibit licenses for the
3 non-exclusive use of the premises, whether of the entire Property
or a portion thereof, and whether a single use or occupancy or a
5 series thereof, which licenses do not, by their terms, run for a
6 period of more than one year. Any other assignment, sub-lease,
7 or license of the areas shall be subject to the written approval
8 of General Manager of the Los Angeles Department of Recreation
9 and Parks.
10
11 15. Delays
12
14 adjacent property containing the Ivy Substation. In the event
15 that delays occur ia the preservation, restoration and renovation
16 of the Ivy Substation Building, and ' Los Angeles declares that
17 said Ivy Substation lease is in default, it shall be deeted that
18 this lease is also in default if Los Angeles elects to so
A9 declare, but not otherwise.
20
21 16. Default
24 events occur:
13 This lease is made contem poraneously with the lease of,an.
25
26 (1) The lease of the adjacent Ivy Substation Building
27 parcel is in default, or
28
2020
21
22
23
24
25
26
97
1 I -(2) The Agency does ndt subStantially perform its covenants
2 under this lease.|10109| In the event default by Agency occurs, Los Angeles shall
5 serve Agency with a written notice Specifying the default and
6 statidg the period within which such shall be cured not to be
7 less than 30 days. If Agency shall have cured the default
8 specified in the. notice within the period' specified therein after
9 receipt of the notice, or if such default cannot reasonably be
10 cured within such period, and Agency has commented the process of
11 curing same within 30 days and thereafter prosecutes such cure
12Iwith due diligence, then such default Shall no longer exist.
13
14 Alternatively Los Angeles may commence appropriate legal
15 il
action
to terminate this lease, or for damages, or for other
appropriate relief.
17. Termination of LeaSe
Agency may terminate this lease at any time but only when,
and if, the lzy . Substation leaSe . is terminated without further
obligation by giving Lo S Angeles notidedf such termlnation
providing such notice is oiven pribt to restoration or renovation
commencing upon the property or the . Tvy Substation
Agency may also terminate thii leaSe after cOmbleting restoration
and renovation of the Ivy SU6Statidn building if a11 sublessees
or licensees have terminated their til#hts in the'pro.e v or
consentad in
writing to Lo AngeleS tsrmiñating sliOn rights. It
21
16
17
18
19
28-
is the intent of this agreement and of the parties that if Agency
2 commences work of restoration of the Ivy Substation building it
3 shall complete such work regardless of Agency having a desire to
4
terminate this lease_|1010|18. Eminent Domain
in the event all or any portion of the Property is acquired
9 by eminent domain or by purchase of the premises for public uset
10 the award or payment therefore shall be divided as follows:
11
• 12 As to the land ., including any severance damages to the land
A0*-• portion of a. larger parcel, Los Angeles shall be entitled to
14 receive the value thereof. As to the improvements, the award or
15 payment for improvements shall first be applied to reimburse the
16 Agency for its costs and expenses arising out of the installation
17 of landscaping and improvements on the Property and any remaining
18
balance shall be payable to Los Angeles as its property. The
19 award or payment for damaging of landscaping and/or improvements
20 shall be used to repair the landscaping and/or improvements, if
21
thy are repairable. Any excess of the award or payment over the
22 reasonable cost of repair including but not limited to the award'
23
• for trade fixtures and/or for loss of business goodwill shall be
24 shared by Los Angeles and Ao
4ncy in the proportion established
25
for the sharing of inaurA
rice
proceeds by Section 8 ( Lnsurance)
26 The award
ov- payment for trade fixtures and for business goodwill
27
b„.1,tnging to sublessees or sublicensees shall be
made to the
28 persons entitled
thereto according to their interest -
22|101010|—14---
•
2 I 19. Amendments to Lease, Not a Dedication |1010| 4 This lease may be amended at any time by . the mutual written
5
agreement of Los Angeles and Agency.
6 By this lease it is not intended that any dedication occur
7
beyond that in existence at the time of execution of the leaser
8 or that
rights be conveyed or vested in any additional persons or
9
intended other than Agency.
10
11 20- Taxes
12
13 If this lease, or any sublease or license granted in the
14 Property, results in the imposition of property taxes, assess-
-15 ments, or other levies on the Property, Agency will pay such
16
taxes, assessments or levies within such period of time as they
17 may be due and payable and will further pay any and all
15 penalties, interest, or other charges which may be imposed be-
19 cause of a delinquency in payment of such taxes, assessments or
20 -other levies.
22.
This lease, and any sublease or license of the property, may
23 create a possessory interest . Subject to property taxation and
24
Agency, sublessee or licensee may be subject to levy and payment
25 of taxes levied on said interest- In the event Agency shall make
26 any sublease or license of the Property or any portion thereof,
27 Agency shall include in its sublease or license documents a
28
23
clause substantially as above-or such other clauses as may be4
„specified in Section 107.6 of the California Revenue and Taxation
2 code or in any replacement of such section|1010|21. Alcoholic Beverages |1010|6 Beer, wine and distilled liquors, and other forms of al-
7 coholic
beverages may be dispensed, sold or offered for sale on
3 the Property without prior written approval of Los Angeles during
9 special events to which the public is not admitted, whether or
10 not consideration is paid or donations solicited, but not other-
11 wise unless the express written approval of Los Angeles is given
12 prior to such dispensing or selling of alcoholic beverages.
13
22. Use By City- of Los Angeles Residents and
15 Organization
16
17 The Property at all times shall be available for use by
18 residents of the City of Los Angeles or organizations head-
19 quartered in the City of Los Angeles or composed of residents of
20 the City of Los Angeles withodt discrimination. No preference
21 will be given in reserving the use of the property for a par-
22 ticular person or orgarrization because of residence or being
23
headquartered in Culver City.
24
25 23. Review of Financial Records
26
27 . -Los Angeles, by its employees or by independent atCoUntantS.
28 or auditors, may at reasonable times review the . flnanCial cdrab
24
14
-16-19
20
21
22
23
24
25
26
27
28
•V
1 9f the Agency relating to the property and all income and ex-
2 penses connected therewith. Agency shall maintain accounting
3 records relating to the property.|1010| 24. Severability |10109| If any provision of this lease or the application thereof is
8 held invalid, the remainder of the lease and/or the application
9
of any affected provision to other persons or circumstances shall
10 not be affected. A provision of this lease not declared invalid
11
shaIl remain in full force and effect.
12
13
L 25. Notices
14
15
L Notices required or given under the lease shall be given to
16
Los.Angeles at the following address:
17.
18 City of Los Angeles
Department of Recreation and Parks
200 N. Main Street
13th Floor, City Hall East
Los Angeles, California 90012
Attention: General Manager,
De partment of Recreation and Parks
25-
Notices to agency shall be given as follows:
Culver City Redevelopment Agency
9770 Culver Boulevard
Culver City, California 90232-0507
Attention: Executive Director|109| 26. Street Vacation
101
As soon as possible, after execution of this lease, Los
11 Angeles will commence a street vacation proceeding for Venice
12 Boulevard within the property, either under the General Vacation
13 Procedure (Sections 8320-8325) or the Summary Vacation Procedure
14 (Sections 8330-8336) of the Public Streets Highways and Service
15 Easements Vacation Law (Streets and Highways Code SeCtions 8300-
16 8363) and shall expeditiously process such proceeding to
17 completion. Agency shall not he charged any fees or other con-
18 sideration for processing the vacation nor for the area which may
19 be vacated.
20 ///
21 ///
22 //./.
23 ///
24 /1/
25//I
26 ///
27 /1/
. 28. /1/|10 10|2627
28
11
12 APPROVED AS TO FORM:
13
14
15
16
AGR/CCliA/MEDIA/PARK/1
17
18
19
20
21
22
23
24
25
26
27|109| This lease was approved by the City Council of the City of
2
I
Los Angeles on ///0t6e72 '2
/9,4. , in Council File No.
/Va . /G|109| 0/2/0 ; It was approved by the Culver City
vi c61
CITY OF LOS ANGELES
Ait
ACTING BY AND THROUGH THE
.BOARD OF RECIZEATION AND
. PARK COPIMISSIONERS
CULVER ITY REDEVELOPMENT AGENCY
4 Redevelopment Agency on|1010|6-
Date:-
Jame K. Hahn
8 City Attorney|10 10|10 Y: Assistant City Attorney
APPROVED AS TO FORM:
Pteti tDeo:riot:cm Approveii
Bureau of ineering
MAR
1
7 In
••••••n•n•••n•••n••nn•••••nn••
1.111,1n•nnn••nn•••n •n"• nn••
MEDIA PARK
EXHIBIT A
That portion of Lot 2, Block 17, Tract No. 2444, as
per map recorded 'in Bock 24, pages 5 to 7, inclusive, of Maps,
in the office of the County Recorder of Los Angeles County,'
bounded and described as follows:
Beginning at the intersection of the southeasterly line
of the northwesterly 5.5 feet of said lot with the soUthwesterly.
line of said lot; thence North 55|10 10| 42' 15" East along said south-
easterly line, 287.34 feet'to.the northeasterly line of said lot;
thence South 33|10 10| 52 00" East along said northeasterly Line
93.72 feet to a line parallel with and distant 10 feet northwest-
erly measured at right angles from the southeasterly line of said
lot; thence South 31° 39 1 05" West along said parallel line
297.03 feet to the beginning of a tangent dur f e--0Ondave northerly,.
having a radius of 15 feet, and being tangent it its point of
ending to the southwesterly line, of said lot; thence westerly
along said curve, through a central angle of 115° 40' 55" an arc'
distance of 30.29 feet to its point of ending; thente North 32°
40' 00" West along said southwesterly line 200.71 feet to the
point of beginning-
SUBJECT - TO easements of the City of Los Ange/es Or
public street 1 5sé ber thai portion of thd hereinabove
described land described in deeds recorded in Book 11417,
page 67, and in Book 12958, page 292, of Official Records,
in the office of said County Recorder.
28
3D/55ATTACHMENT 4
LICENSE AGREEMENT
This License Agreement ("Agreement") is entered into by and between
, a -profit organization ( or "Licensee"), whose
principal place of business is , and THE CULVER CITY
REDEVELOPMENT AGENCY, a public body corporate and politic ("Agency" or
"Licensor").
RECITALS
A. Pursuant to that certain Lease (the "Media Park Lease"), entered into on
June 12, 1987, by and between the City of Los Angeles ("Los Angeles") and the
Licensor, attached hereto as Exhibit "B," Licensor is the lessee under a long-term lease
of that certain real property located in Los Angeles commonly referenced as "Media
Park" and more particularly described in Exhibit "A," attached hereto (the "Property").
B. Licensee desires to use the Property and other ancillary facilities provided
by Licensor in accordance with this Agreement (collectively, the "City Facilities") for the
sole purpose of hosting an event at Media Park on called
LL
" (referenced hereinafter as "the Event").
C. Under the terms of the Media Park Lease, Licensor is allowed to grant to
Licensee a license to enter onto the Property for, and in order to accomplish, the
purposes described herein, subject to the Licensee's compliance with the terms and
conditions of the Media Park Lease.
D. Licensor and Licensee now desire to enter into this Agreement to enable
Licensee to accomplish the purposes described herein.
NOW THEREFORE, in consideration of the granting of the foregoing, the mutual
promises, covenants, conditions and agreements hereinafter set forth, and other good
and valuable consideration, the receipt and adequacy of which are acknowledged, the
parties agree as follows:
1. Recitals. The Recitals and exhibits referenced therein are hereby
incorporated by this reference.
2. Grant of License. Licensor hereby grants Licensee a license (the
"License") for the Licensee's use of the City Facilities as set forth herein. The License
shall commence on the date Licensor's authorized representative signs this Agreement
and end on ("License Term").
3. Purpose of License. During the License Term, Licensee shall be allowed
to enter upon and use the following City Facilities for the purposes stated herein
("Purposes"):
05/01/2008
1
29a) Licensee's exclusive use Media Park during the Event and Licensee's
non-exclusive use of Media Park at all other times during the License
Term.
b) Non-exclusive use of such other Agency and/or City Facilities ("Other
Facilities") that are directly related and necessary for the Licensee to
implement the Event, in the sole and absolute discretion of the Licensor's
City Manager and any tenant with lawful possession of the Other Facilities
("Tenant"). In the event that any Tenant authorizes such use, and at least
thirty (30) days prior to such use, Licensee shall provide Agency with a
copy of the Tenant's written consent to use the Other Facilities.
4. Prohibited Uses. With the exception of the Purposes described in this
Agreement and other uses first approved in writing by the Licensor, Licensee shall not
be authorized to use the Property for any other purpose whatsoever.
5. Prior Agency Approval. Licensee shall obtain the express written
consent of Licensor's Community Development Director or the latter's designee, (which
consent shall be in the Community Development Director's sole and absolute discretion)
prior to performing any of the following acts:
a) Allowing the entry and use by any person into the City and/or Facilities
other than Event guests, invitees, employees, volunteers or such other
persons directly connected to the accomplishment of the Purposes of the
License;
b) Posting, erecting or otherwise installing, within public view, banners,
posters or any other signage or promotional material on any of Licensor's
properties or facilities;
c) Alienating, selling, encumbering, moving, altering, modifying, destroying,
removing, tampering, or otherwise transferring any improvements and/or
equipment owned by Licensor from or on any of the City and/or Facilities.
6. Licensee Obligations. In consideration for the License, Licensee shall
provide to Licensor:
a) Category exclusivity;
b) Recognition in all Event marketing materials;
c) Recognition in local and national broadcast and print media channels;
d) Recognition during Event opening remarks;
05/01/2008
2
30e) One (1) full-page ad in Event program;
City logo and link on Event website.
7. Permits. Licensee, at no cost or expense to Licensor, and as a necessary
condition for the exercise of any rights under the License, shall obtain all required
permits from the City of Los Angeles, and any and all other governmental permits and
approvals with which may be necessary for it to conduct any work or activities under this
Agreement, including, but not limited to, a liquor license for the sale or other distribution
of alcoholic beverages by Licensee during the Event, street closure permits and a
County Health Permit.
Licensor shall coordinate and cooperate with Licensee in Licensee's activities to
obtain all necessary government permits and permissions.
8. Utilities. In furtherance of this License, Licensee shall be permitted to
use the Agency's and/or City's existing utilities and/or utility connections (collectively,
"Utilities") at Media Park for the Event at no additional cost to Licensee. Licensee shall
be solely responsible, however, for obtaining written permission from the Actor's Gang
Theatre for the access and use of any Utilities at the Ivy Substation, which are subject
to the License Agreement between the Actor's Gang Theatre, a California non-profit
corporation, and the Agency, dated July 5, 2005.
9. Agency Cooperation. Licensor hereby covenants to cooperate and
provide reasonable good faith assistance to Licensee during the License Term for the
express purpose of implementing this Agreement.
10. No Fees. Licensee shall not be required to pay any license fees to
Licensor for this License.
11. Liens and Claims. Licensee shall not permit any mechanics',
materialmen's, or similar liens or claims to stand against the City Facilities for labor or
material furnished in connection with any work performed by Licensee under this
Agreement. Upon reasonable and timely notice of any such lien or claim delivered to
Licensee by Licensor, Licensee may bond and contest the validity and the amount of
such lien, but Licensee will immediately pay any judgment rendered, will pay all proper
costs and charges, and will have the lien or claim released at its sole expense.
12. Operating Expenses. During the License Term, Licensee shall be
responsible for paying all operating expenses and costs for the Event, including, but not
limited to, security and valet service; provided, however, that Licensor shall provide
garbage collection services for the Event.
13. Compliance with Laws. The Licensee shall comply with all federal, state
05/01/2008
3
31and local laws, statutes and ordinances in connection with Licensee's entry onto and
use of City Facilities under this Agreement.
14. Effective Date. The effective date of this Agreement shall be the date
that Licensor's authorized representative executed this Agreement; provided, however
that the License shall have no operative effect unless and until Licensee demonstrates
proof of the insurance required by Section 17, herein.
15. Hazardous Materials. Licensee shall not store or use or consent to the
storage or use of any Hazardous Materials on the City Facilities. As used in this
Agreement, "Hazardous Materials," means any substance, material or waste which is or
becomes regulated by the United States government, the State of California, or any
local or other governmental authority, including, without limitation, any material,
substance or waste which is (i) defined as a "hazardous waste", "acutely hazardous
waste", "restricted hazardous waste", or "extremely hazardous waste" under Sections
25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health
and Safety Code; (ii) defined as a "hazardous substance" under Section 25316 of the
California Health and Safety Code; (iii) defined as a "hazardous material", "hazardous
substance", or "hazardous waste" under Section 25501 of the California Health and
Safety Code; (iv) defined as a "hazardous substance" under Section 25281 of the
California Health and Safety Code; (v) petroleum; (vi) asbestos; (vii) a polychlorinated
biphenyl; (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous"
pursuant to Article 11 of Title 22 of the California Code of Regulations, Chapter 20; (ix)
designated as a "hazardous substance" pursuant to Section 311 of the Clean Water
Act (33 U.S.C. Section 1317); (x) defined as a "hazardous waste" pursuant to Section
1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (xi)
defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or
(xii) any other substance, whether in the form of a solid, liquid, gas or any other form
whatsoever, which by any governmental requirements either requires special handling
in its use, transportation, generation, collection, storage, treatment or disposal, or is
defined as "hazardous" or is harmful to the environment or capable of posing a risk of
injury to public health and safety.
16. Indemnification. Licensee agrees to indemnify, defend, protect and hold
Licensor, the City of Culver City and Los Angeles, and their respective officers,
employees, attorneys, agents, tenants of the Ivy Substation, insurers and volunteers,
free and harmless from any and all loss, liability, claims, damages and expenses
(including, but not limited to, reasonable attorneys' fees and costs) arising from the
exercise of the License and/or right of entry granted under this Agreement, regardless
of whether such loss, liability, claims, damages and expenses were in part contributed
to by the acts or omissions of an indemnitee; provided, however, that nothing herein
shall be interpreted as obligating Licensee to indemnify any indemnitee for the
indemnitee's willful misconduct.
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4
3217. Insurance. Licensee shall obtain, at its sole cost and expense, and keep
in full force and effect, during the term of this Agreement, and in the form acceptable to
Licensor, in its sole discretion, the following insurance policies:
a) General Liability Insurance in the amount of One Million Dollars
($1,000,000) single limit coverage. For coverage for any and all loss,
liability, claims, damages and expenses arising from the sale, distribution
or consumption of alcohol during the Event, Licensee shall obtain a
minimum coverage limit per occurrence of not less than Two Million
Dollars ($2,000,000.)
b) Workers' Compensation Insurance in an amount and form sufficient to
meet all applicable governmental requirements.
Licensor, the City of Culver City, City of Los Angeles, Culver City Redevelopment
Agency and their agents, officers and employees shall be named as the "Certificate
Holder" and as additional insureds for each insurance policy required herein. Each
such policy shall contain a provision that: (a) for all claims, accidents, injuries and
damages occurring in or about the City Facilities, provides primary coverage without
contribution from any other insurance carried by or for the benefit of Licensor and/or Los
Angeles, (b) the policy shall not be canceled and the amount thereof shall not be
reduced unless thirty (30) days' written notice shall have been given to Licensor and Los
Angeles by certified mail, return receipt requested, which notice shall contain the policy
number and the names of the insured and additional insureds, except that the policy
shall not be canceled for non-payment of premiums unless ten (10) days' written notice
shall have been given to Licensor and Los Angeles in the manner set forth herein. All
insurance required to be carried by Licensee pursuant to the terms of this Agreement
shall be effected under valid and enforceable policies issued by reputable and
independent insurers licensed in the State of California with a current A.M. Best's rating
of no less than A:VII.
Licensee shall deliver to Licensor appropriate certificates of insurance evidencing
the insurance required to be carried pursuant to this Agreement prior to effectiveness of
the License.
18. Default. Failure or delay by any party to perform any term or provision of
this Agreement constitutes a default under this Agreement. The non-defaulting party
shall give written notice of default to the defaulting party, specifying the default
complained of. The defaulting party must cure, correct or remedy such failure or delay
within ten (10) days after receipt of such written notice of default. Failure or delay in
giving such notice of default shall not constitute a waiver of any default, nor shall it
change the time of default. Delays by any party in asserting any of its rights and
remedies shall not deprive any party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or enforce any such rights
or remedies.
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5
3319. Remedies. If the defaulting party fails or does not commence to cure the
default within ten (10) days of service of the notice of default, then the non-defaulting
party may: (i) terminate this Agreement in writing; (ii) institute an action for specific
performance of the terms of this Agreement; (iii) institute legal action to cure, correct or
remedy any default to recover damages for any default, or to obtain any other remedy
consistent with the purpose of this Agreement. The defaulting party shall be liable to the
other party for any actual and direct damages caused by such default. Neither the
Licensee nor the Agency shall be liable for consequential damages as a result of any
breach of any obligation of this Agreement. Such legal actions must be instituted in the
Superior Court of the County of Los Angeles, State of California, in an appropriate
Municipal Court in that County, or in the Federal District Court in the Central District of
California.
Except as otherwise expressly stated in this Agreement, the rights and remedies
of the parties are cumulative, and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same time or different
times, of any other rights or remedies for the same default or any other default by the
other party.
20. Termination. The Licensor shall not terminate this Agreement except for
cause if the Licensee is in default or by mutual agreement of the parties.
21. Attorneys' Fees. In any action between any of the parties seeking
enforcement or interpretation of any of the terms and provisions of this Agreement or a
declaration as to the meaning hereof, or in connection with Licensee's use of the City
Facilities, the prevailing party in such action shall be awarded, in addition to damages,
injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs,
reasonable attorneys' fees and reasonable fees of expert witnesses.
22. Notices. Any notice provided for herein or otherwise required to be given
hereunder that: (i) is personally delivered (including by means of professional
messenger service, courier service such as United Parcel Service or Federal Express,
or by U.S. Postal Service), shall be deemed received on the documented date of
receipt; (ii) is transmitted by electronic facsimile transmission during regular business
hours of regular business days followed by delivery of a "hard" copy, shall be deemed
delivered upon its transmission by electronic facsimile; and (iii) is sent by registered or
certified mail, postage prepaid, return receipt required shall be deemed received on the
date of receipt thereof.
Any notice provided for herein or otherwise required to be given hereunder shall
be addressed as follows:
To Licensor: Culver City
9770 Culver Boulevard
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6
34Culver City, CA 90232-0507
Attention:
Phone: (310) 253- Facsimile: (310) 253- To Licensee:
The person and the place to which notices are to be mailed may be changed by either
party by providing written notice of same to the other.
23. Assignments. The License granted herein may not be assigned by
Licensee without the prior written consent of Licensor, which consent may be withheld
in Licensor's sole discretion.
24. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their permitted successors and assigns.
25. Amendments. No provision of this Agreement may be amended or
added to except by an Agreement in writing signed by the parties hereto or their
respective successors in interest and expressly stating that it is an amendment of this
Agreement.
26. Further Assurances. Each of the parties hereto shall execute and
deliver any and all additional papers, documents and other assurances, and shall do
any and all acts and things reasonably necessary in connection with the performance of
their obligations hereunder and to carry out the intent and agreements of the parties
hereto.
27. Governing Law. This Agreement shall be governed by, interpreted
under, and construed and enforced in accordance with the laws of the State of
California.
28. Authority to Enter Into Agreement. The individual(s) executing this
Agreement on behalf of each party is (are) authorized to execute this Agreement on
behalf of said party. Each party has taken all actions required by law to approve the
execution of this Agreement.
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7
35IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized representative on the dates shown below.
LICENSOR
CULVER CITY
By: Sol Blumenfeld
Community Development Director
LICENSEE
By: Title:
Date: Date:
APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
By: Murray 0. Kane
General Counsel
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36EXHIBIT A
MEDIA PARK LEGAL DESCRIPTION
That portion of lot 2, Block 17, Tract No. 2444, as per map recorded in Book 24, pages
5 to 7, inclusive, of Maps, in the office of the County Recorder of Los Angeles County,
bounded and described as follows:
Beginning at the intersection of the southeasterly line of the northwesterly 5.5 feet of
said lot with the southwesterly line of said lot; thence North 55° 42' 15" East along said
southeasterly line 287.34 feet to the northeasterly line of said lot; thence South 33|10 10| 52'
00" East along said northeasterly line 93.72 feet to a line parallel with and distant 40
feet northwesterly measured at right angles from the southeasterly line of said lot;
thence South 31° 39' 05" West along said parallel line 297.03 feet to the beginning of a
tangent curve concave northerly, having a radius of 15 feet, and being tangent at its
point of ending to the southwesterly line of said lot; thence westerly along said curve,
through a central angle of 115° 40' 55" an arc distance of 30.29 feet to its point of
ending; thence North 32° 40' 00" West along said southwesterly line 200.74 feet to the
point of beginning.
37EXHIBIT "B"
LEASE
[behind this page]
38ATTACHMENT 5
OF s",,. .tp|10 10|CULVER CITY CHAMBER OF COMMERCE
P.O. BOX 707 • CULVER CITY • CALIFORNIA • 90232 • (310) 287-3850 • FAX: (310) 287-1350
April 10, 2008
Todd Tipton
Culver City Redevelopment Agency Administrator
P.O. Box 507
Culver City, CA 90232-0507
Dear Mr. Tipton,
The Culver City Chamber is requesting a co-sponsorship of our annual Culver Business
Expo '08 to be held on June 25, 2008 at Media Park. The City of Culver City has co-
sponsored this event for the last three years with in lieu contribution.
In consideration of the new City Council policy we are asking for two items to be in lieu:
I. Placement of our street banners across the street at the three-designinated sites.
2. The free use of parking in the Ince Parking Structure and along the metered
parking along Culver Blvd in the Media Park area.
The Culver City Chamber will be applying for an event permit from the City and a rental
agreement with the Agency for rental of Media Park at the fee that is provided for by the
Agency.
Thank you in advance,
Steven J. Rose
President/CE
39
MISSION STATEMENT
"The Culver City Chamber of Commerce will create and maintain a favorable business climate and an attractive area in
which to live, work and do business, while providing our diverse membership with informational systems, resources
and services needed to capitalize on the technological, economic and political challenges representing business and
furthering the free enterprise system"