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Title:
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Approval of an Amendment to the Lease Agreement with the State of California for Use of the Premises Located at 10808 Culver Boulevard (the Armory).
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City of Culver City, California
Agenda Item Report
Meeting Date: __11/09/09 Item Number: C-7
CITY COUNCIL AGENDA ITEM: Approval of an Amendment to the Lease Agreement
with the State of California for Use of the Premises Located at 10808 Culver
Boulevard (the Armory)
Contact Person/Dept.: Pam Robinson,
Recreation Manager
Phone Number: (310) 253-6632
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: []
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Tim Lipscomb, Senior Land Agent, State of California
(11/04/09), (E-Mail) Meetings and Agendas – City Council (11/04/09)
Department Approval:
William LaPointe (10/27/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/03/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (11/4/09)
City Manager Approval:
Mark Scott (11/04/09)
RECOMMENDATION:
Staff recommends that the City Council approve an amendment to the lease
agreement (Agreement) with the State of California (State) for use of the premises
located at 10808 Culver Boulevard (the Armory).
BACKGROUND:
The Agreement with the State for City owned property located at 10808 Culver
Boulevard as a National Guard Armory expired on August 27, 2007. Through
operation of law, the Agreement is now a month-to-month tenancy until such time as
the City either extends the expired lease or formally terminates the current tenancy.
DISCUSSION:
During the fourteen (14) months since the expiration of the Agreement and the
month-to-month tenancy went into affect, staff has worked with representatives from
the State on certain changes to the language in the standard lease extension. All
terms and conditions of the Agreement remain unchanged with the exception of the
following;
• Additional language was added to better define the premises;
• New language was added addressing access and keys;
• A new section was added addressing cancellation and/or Military termination;
• The section relating to the use and utility payments was clarified; City of Culver City, California
Agenda Item Report
• Language was added with regard to the clean-up of hazardous materials on
the premises; and
• A section was added requiring the State to give written notice to the City by
November 15
th
of each year whether a City approved cold weather shelter
program will be permitted to operate at the premises.
The term of the lease extension is August 23, 2007 through August 31, 2011. Either
party may terminate the Agreement by giving a 120-day written notice of termination
to the other party.
FISCAL ANALYSIS:
The Agreement requires the State to pay one-dollar ($1) per year for the use of the
premises as a National Guard Armory. All other costs for the operation of the
building are paid by the State.
The Agreement further requires that the City provide janitorial services and supplies
and pay a pro-rated share of the cost of utilities following all uses by the City. In
addition the City must pay for the cost of a National Guard Armory Supervisor to be
present during City uses. The past history for City uses of the Armory has been
minimal, and any expenses related to the activity were able to be absorbed within
the current budget. If more activities at the Armory were to be scheduled by the
City, additional funding may need to be allocated in the budget to cover any
subsequent expenses related to the activity in which the State would bill us. -
ATTACHMENTS:
None
MOTION:
That the City Council:
1. Approve an Amendment to the Lease Agreement with the State of California
for the use of the Premises located at 10808 Culver Boulevard; and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City.