MEETING DATE: 11103/08
AGENDA ITEM:
Consideration of Authorization for Staff to License Short
Term (Le. <90 Days) uses on vacant Agency Owned
Property.
ATTACHMENTS
Pages
1. Standard Form License Agreement
1-3CULVER CITY REDEVELOPMENT AGENCY
STANDARD FORM LICENSE AGREEMENT
WITH: (NAME OF COMPANY).
FOR: (Location or Address)
The CULVER CITY REDEVELOPMENT AGENCY, hereinafter "Agency" hereby
grants a License to (Name of Company) A California Corporation, hereinafter
"Licensee", for the use of Agency real property located at (Insert location or
address), hereinafter "the Premises", subject to the following terms and conditions:
1. USE OF THE PREMISES: Licensee may use the premises for:
(Insert description).
2. DEPOSIT: Licensee shall deposit with Agency a deposit in the amount of $1,000
($1,000.00) as security which shall be applied by Agency to repair or replace any
broken or damaged property, pay third party expenses incurred on behalf of
Agency as a result of Licensee's actions, or to compensate Agency for time
expended responding to complaints or needs arising from Licensee's activities
related to this Agreement.
a. FEE: Licensee shall pay to Agency by (Insert Date) a license fee as follows
equal to $500 per week or any part thereof, per acre. The fee shall be
adjusted by rounding to the nearest half acre.
3. CITY REQUIREMENTS: Licensee shall comply with all requirements of the City
of Culver City (hereinafter "City"), including Planning, Engineering, Building and
Safety, and Sanitation Division's approvals and permits for the proposed use.
4. EFFECTIVE DATE OF LICENSE: This License shall be effective (Insert date),
and expire on (Insert Date).
5. CONDITION OF PREMISES UPON VACATION: Upon vacation of the
Premises, Licensee shall remove all trash and debris, and leave the Premises in
the same condition in which the Premises were found upon commencement of
Licensee's use of the Premises, pursuant to this Agreement.
6. INSURANCE: Without limiting any other obligation set forth in this Agreement,
Licensee, prior to use of the Premises, shall provide Agency with a Certificate of
Insurance in the amount of $1,000,000 (One Million Dollars) of General Liability
and an executed Special Endorsement using the attached form naming the
Agency, the City, and their officers and employees as additional insureds.
7. INDEMNIFICATION: By and on behalf of the Licensee, in consideration of the
request for and the granting of this License, it is hereby agreed that the Licensee
shall and does hereby indemnify, hold harmless, defend, release and foreverdischarge Agency, the City, and each of their officers, employees and
representatives from any and all liability claims, damages, judgments, demands,
including attorney fees and court costs, whatsoever, which the Licensee, any
persons acting on Licensee's behalf, or any third person(s) have or may have
against Agency, the City or any of their officers, employees or representatives by
reason of any real or personal property damage, personal injury or death arising
or resulting directly or indirectly from Licensee's use of this License. In addition
and for the same consideration, by and on behalf of the Licensee it is hereby
agreed the Licensee shall, and hereby does indemnify, hold harmless and
defend Agency, the City and each of their officers, employees and
representatives for any and all claims, judgments, demands and liability,
including attorney fees and medical, court and appeals board and any other
costs related to any worker's compensation claim, benefits or liability resulting
from any injury to any off-duty police, fire or other Agency or City personnel
arising or resulting directly or indirectly from any activity related to this License.
8. GOVERNING LAW: The terms of this License shall be interpreted according to
the laws of the State of California. Should litigation occur, venue shall be in the
Superior Court of Los Angeles County. Licensee shall not violate any laws of the
City of Culver City and specifically, but without limitation, Licensee shall also
comply with all noise regulations of the Culver City Municipal Code.
9. LITIGATION FEES: Should litigation arise out of this License or the performance
thereof, the court shall award costs and expenses, including attorney's fees, to
the prevailing party. In awarding attorney's fees, the court shall not be bound by
any court fee schedule, but shall award the full amount of costs, expenses and
attorney's fees paid or incurred in good faith.
10. TRANSFERABILITY AND ASSIGNABILITY: This License is neither transferable
nor assignable by Licensee.
11.NOTICES: All notices given or required to be given pursuant to this Licensee
shall be in writing and may be given by personal delivery or by mail. Notice sent
by mail shall be addressed as follows:
To Agency: Todd Tipton, Redevelopment Administrator
Culver City Redevelopment Agency
9770 Culver Boulevard
Post Office Box 507
Culver City, California 90232-0507
To Licensee:
Attn: Name
Company
Address
City, State and Zip Code
12. TERMINATION: Agency may terminate this License in its sole discretion, upon
24 hours notice to Licensee.13. ENTIRE AGREEMENT: This License constitutes the entire agreement of the
parties hereto relating to the Premises and shall supersede prospectively from
the date it is entered into any and all prior written or oral negotiations or
agreements of the parties relating to the Premises. This License shall not be
modified in any particular manner except by a written amendment duly executed
by the parties.
LICENSEE:
DATE: BY:
(Insert Name, Title)
AGENCY:
BY: Sol Blumenfeld
Assistant Executive Director
DATE:
City of Culver City, California
Redevelopment Agency Agenda Item Report
RECOMMENDATION:
Staff recommends the Culver City Redevelopment Agency (“Agency”) authorize the
Executive Director to execute agreements related to the short term use of vacant
Agency owned parcels, for no more than ninety (90) days, pursuant to certain policy
restrictions.
BACKGROUND:
For much of the history of the Agency, it has purchased and cleared real property
and then held the vacant site until the property was sold to a selected developer.
During the time that an Agency owned property is vacant, staff often receives
requests from temporary users to license use of the site. Most often, the requests
can be for Christmas tree lots, temporary parking lots, construction staging and
storage, and weekend events, such as fairs and carnivals. Each of these types of
requests would then be placed on the agenda for the Agency’s consideration.
On June 16, 2008, the Agency considered requests to lease its property on
Machado Road either as a parking lot for the Exceptional Children’s Foundation or a
community garden. The Agency decided against entering into long-term, open
ended leases for its property.
DISCUSSION:
In recent weeks, staff has received inquiries about the availability of various Agency
owned properties for shorter term, event specific uses. This is the time of year when
inquires from Christmas tree lot operators regularly contact staff to request use of
Meeting Date: 11/3/2008 Item Number: A-3
AGENDA ITEM: Authorization for the Executive Director to Execute Agreements
related to the Short Term Use of Vacant Agency Owned Property.
Contact Person/Dept.: John Fisanotti Phone Number: (310) 253-5767
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master E-Mail Notification List (10/29/08)
Department Approval:
Sol Blumenfeld (10/23/08)
Exec. Director Approval:
Jerry B. Fulwood (10/30/08)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (10/29/08)
City of Culver City, California
Redevelopment Agency Agenda Item Report
vacant Agency owned parcels. Also, Doty Brothers construction, which is contracted
by Golden State Water Company to replace a pipeline in Overland Avenue, has
inquired about using the Pleasantview site to store material. To streamline the
decision making process, staff recommends the Agency authorize staff to
administratively license vacant properties pursuant to the following policy directives:
• The user shall execute the Agency’s standard Agreement and provide proper
insurance coverage (subject to approval of the Agency General Counsel);
• The interest in the site shall not exceed ninety (90) calendar days and shall
be for an event specific use;
• The interest shall only be permitted if it does not interfere with any other
Agency objectives, activities or commitments;
• The user shall pay a fee of $500 per week, or any portion thereof, per acre (or
pro rated for any fraction of an acre) and a refundable security deposit of
$1000 (except as noted below).
Staff is not recommending the above fee structure be used to license Agency
property used by film production crews. The fee charged to film production crews is
$2,000 per day.
Requests to license the use of Agency property that do not fit within the above policy
directives would continue to be presented to the Agency for a determination. If
approved, the proposed Motion will streamline the process for staff and the
licensees, and reduce the number of items on the Agency’s Agenda.
FISCAL ANALYSIS:
Approval of the proposed motion does not necessarily change the revenue
opportunity to the Agency, but rather streamlines the process. A streamlined
process will, in turn, result in a cost savings as Agency staff time will be freed up to
focus on other areas of the Agency’s work plan. To the extent that that the
streamlined process may result in more users, the Agency may see a slight increase
in the miscellaneous revenue compared to the existing process where each decision
must be presented to the Agency for a determination.
ATTACHMENTS:
City of Culver City, California
Redevelopment Agency Agenda Item Report
1. Standard Form License Agreement
MOTION:
That the Redevelopment Agency:
Authorize the Executive Director to execute Agreements for the use of Agency
owned property, pursuant to the policy the following directives:
• The user shall execute the Agency’s standard Agreement and provide proper
insurance coverage (subject to the approval of the Agency General Counsel);
• The interest in the site shall not exceed ninety (90) calendar days and shall
be for an event specific use;
• The interest shall only be granted if the proposed use does not interfere with
any other Agency objectives, activities, or commitments;
• The user shall pay a fee of $500 per week, or any portion thereof, per acre (or
pro rated for any fraction of an acre) and a refundable security deposit of
$1000. Property licensed for film and television shoots shall be licensed at
$2,000 per day (with a refundable security deposit of $1,000).