City of Culver City, California
Agenda Item Report
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Meeting Date: 03/14/11 Item Number: C-3
REDEVELOPMENT AGENCY BOARD AGENDA ITEM: Approval of a Fourth
Amendment to the Parking License Agreement with Century Wilshire Inc. for the
Culver Hotel
Contact Person/Dept.:
Joe Susca / Community Development
Todd Tipton / Community Development
Phone Number:
(310) 253-5763
(310) 253-5783
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – Redevelopment Agency (03/10/11);
(E-Mail) Century Wilshire Inc. and the Culver Hotel (03/10/11); (E-Mail) The Downtown
Business Association (03/04/11).
Department Approval:
Sol Blumenfeld (03/02/11)
Agency General Counsel Approval:
Murray Kane (03/01/11)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (03/03/11)
Executive Director Approval:
John M. Nachbar (03/04/11)
RECOMMENDATION:
Staff recommends the Culver City Redevelopment Agency Board (Agency Board)
approve a Fourth Amendment to the Parking License Agreement (Fourth
Amendment) with Century Wilshire Incorporated (Century) d.b.a. the Culver Hotel
(Hotel) for placement of a trash bin at 9300 Culver Boulevard (a surface parking lot
commonly referred to as “Parcel B”).
BACKGROUND:
On August 11, 2009 the Agency entered into a six month Parking License
Agreement (License) with Century to meet the parking needs of the Hotel. The
License was amended on February 1, 2010 and June 10, 2010 to allow time to
complete negotiation of an Owner Participation Agreement (OPA) to supersede the
License. The OPA was approved by the Agency on January 15, 2011. As a
temporary use, Parcel B was excluded from the 15-year OPA and its associated
parking, and the trash bin placement provisions in the License remain in effect.
DISCUSSION:
On January 6, 2011 the License was further amended to allow the trash bin to
remain on Parcel B to contain debris stemming from the Hotel’s guest room carpet
replacement project. The new carpet is part of $2.1 million in improvements
Century is making to the Hotel as required by the OPA. The trash bin use in the City of Culver City, California
Agenda Item Report
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License expired on March 5, 2011 and the Hotel has requested a 5 month extension
(until August 5, 2011) to complete their carpet replacement project. The License is
attached for your review.
The proposed Fourth Amendment also contains a provision whereby the Executive
Director could, with the agreement of Century, authorize a further extension of up to
six additional months.
FISCAL ANALYSIS:
The Hotel will remit payment of all applicable fees associated with renting and
emptying the trash bin to the City’s Sanitation Division.
ATTACHMENTS:
• Fourth Amendment to Parking License
MOTIONS:
That the Redevelopment Agency Board:
1) Approve a Fourth Amendment to the Parking License Agreement with Century
Wilshire Incorporated for the Culver Hotel; and,
2) Authorize the Agency General Counsel to review/prepare the necessary
documents; and,
3) Authorize the Executive Director to execute such documents on behalf of the
Agency.
MEETING DATE: 03/14/11
AGENDA ITEM: REDEVELOPMENT AGENCY AGENDA ITEM:
Approval of a Fourth Amendment to the Parking
License Agreement with Century Wilshire Inc. for the
Culver Hotel
ATTACHMENTS
Item Description Pages
1
Fourth Amendment to Parking License
1 - 2
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FOURTH AMENDMENT TO PARKING LICENSE AGREEMENT
This Fourth Amendment to the Parking License Agreement (“Fourth Amendment”) is
entered into as of _____________, 2011, by and between CENTURY WILSHIRE, INC., a
California corporation (“Licensee”), whose principal place of business is 9400 Culver
Boulevard, Culver City, California 90232 and THE CULVER CITY REDEVELOPMENT
AGENCY, a public body corporate and politic (“Licensor”).
RECITALS
A. Licensee owns and operates the Culver Hotel located at 9400 Culver Boulevard,
Culver City, California 90232 (the “Culver Hotel”), which does not have any on-site parking.
B. Licensee and Licensor entered into that certain License Agreement
(“Agreement”), effective August 11, 2009 (“the Effective Date”), to provide for, among other
things, a six month License to accommodate certain parking needs on behalf of the Culver Hotel.
C Licensee and Licensor entered into that certain First Amendment to License
Agreement (“First Amendment”), effective February 1, 2010. Pursuant to said First Amendment,
the License Term was extended by four (4) months to June 11, 2010. Any capitalized term not
otherwise defined herein shall have the meaning ascribed to such terms in the Agreement and First
Amendment.
D. Licensee and Licensor entered into that certain Second Amendment to License
Agreement (“Second Amendment”), effective June 10, 2010. Pursuant to said Second
Amendment, the License Term was extended to December 11, 2010. Any capitalized term not
otherwise defined herein shall have the meaning ascribed to such terms in the Agreement, First
Amendment, and Second Amendment.
E. Licensee and Licensor entered into that certain Third Amendment to License
Agreement (“Second Amendment”), effective January 6, 2011. Pursuant to said Third
Amendment, the License Term was extended to April 11, 2011. Any capitalized term not
otherwise defined herein shall have the meaning ascribed to such terms in the Agreement, First
Amendment, Second Amendment, and Third Amendment (collectively, “License”).
F. Licensor and Licensee now desire to extend the Licensee’s right to use the Parcel
B Parking Lot for placement and use of the Trash Bin under the License to August 5, 2011.
NOW THEREFORE, Licensor and Licensee hereby agree, as follows:
1. Time Extension for use of Trash Bin. Subject to the terms and conditions of the
License, the Licensee's right to use the Parcel B Parking Lot for placement and use of the Trash
Bin under Section 2 of the First Amendment shall be extended to August 5, 2011, subject to any
ATTACHMENT NO. 1
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future extensions, up to a total period not to exceed six (6) months, that are mutually agreed upon
by the Licensor’s Assistant Executive Director and Licensee.
2. Full Force and Effect. Except as expressly set forth herein, all terms and
conditions of the License shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment by their
duly authorized representative on the dates shown below.
LICENSOR
THE CULVER CITY REDEVELOPMENT
AGENCY
By: __________________________________
Sol Blumenfeld
Assistant Executive Director
Date: _______________________________
LICENSEE
CENTURY WILSHIRE INC., a California
corporation
By: _______________________________
Maya Mallick
Its:________________________________
Owner
APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
By:___________________________
Murray O. Kane
Agency General Counsel
ATTACHMENT NO. 1
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