City of Culver City, California
Agenda Item Report
Meeting Date: 3/26/2013 Item Number: C-2
CITY COUNCIL AGENDA ITEM: Authorization to Issue a Request for Qualifications
(RFQ) for Brokerage Services Related to the Disposition of City-Owned Property
Located 10745 Cranks Road and 11304 Segrell Way (Former Fire Station #3).
Contact Person/Dept.:
Kriss Casanova/Todd Tipton, CDD
Phone Number:
(310) 253-5769 & 5783
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: On 3/12/13, notice was mailed to all property owners and occupants
within a 500-foot radius from the property line extended to end of city block. On 3/13/13,
email/phone notification was provided to all inquiries and open house attendees. (E-Mail)
Meetings and Agendas – City Council (03/19/13).
Department Approval:
Sol Blumenfeld: (3/15/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (03/19/13)
Chief Financial Officer Approval:
Jeff Muir (03/19/13)
City Manager Approval:
John Nachbar (03/19/13)
RECOMMENDATION:
Staff recommends the City Council approve the issuance of a Request for
Qualifications (RFQ) to procure the services of a residential real estate broker with
local experience who will assist in the sale of City-owned property located at 10745
Cranks Road and 11304 Segrell Way (former Fire Station #3) for private use.
BACKGROUND:
The City is considering disposing of two properties: 10745 Cranks Road (former
location of a residential dwelling) and the former Fire Station #3 at 11304 Segrell
Way|1010|.
On December 3, 2012, a community meeting was held to explain the disposition
process for both properties and possible development scenarios. At the time,
Sunkist Park community members expressed concern regarding the possible
increase in density on the Segrell property.
DISCUSSION:
Staff has received two unsolicited development proposals for the Fire Station site
from Work Studios Development LLC and Partners Trust|1010|.
City of Culver City, California
Agenda Item Report
Obtaining the services of a residential real estate broker with local experience is
proposed to be procured in order to ensure the City receives the highest price
possible. The attached RFQ includes existing zoning requirements, sale restrictions,
and the ability to provide alternative developments deemed acceptable by the City.
Should the City Council authorize release of the RFQ, staff will provide notice of the
RFQ to all brokers who have inquired about the sale of the properties, post the RFQ
on the City’s website, and publish a notice in the local newspapers. Responses are
due Monday, April 29, 2013 at 4:00 p.m. Interested brokers will be required to
attend an RFQ issuance meeting and upon conclusion of the response period, staff
will interview qualified respondents in early May and then prepare a
recommendation for City Council consideration in May/June 2013.
Should the City Council ultimately determine to approve a professional services
agreement with a respondent to the RFQ, the selected broker will be required to
execute the City’s Standard Form Contract for Professional Services, which is an
attachment to the RFQ. Once the contract is executed, the properties will be placed
on the market. Purchase offers that satisfy the Development and Sale Restrictions
identified in the RFQ will be presented to the City Council for consideration.
Potential purchasers of the properties may be required to present their projects to
the surrounding neighborhood(s). Further, the City Council, in its discretion, may
also determine to reject any and all proposals ultimately received for either or both
properties.
FISCAL ANALYSIS:
Should the City Council ultimately determine to issue the RFQ, approve a
Professional Services Agreement, and accept an offer to purchase either or both
properties, the City will receive land sale proceeds for the properties less any
commission fees. Additional revenue would be received from property tax (as City
owned parcels, the properties are currently exempt from property taxation) and City
permit fees generated through the construction process.
ATTACHMENT:
Request for Qualifications with Attachments
MOTION:
That the City Council:
Approve the Issuance of a Request for Qualifications for Brokerage Services
Related to the Disposition of City-Owned Property Located 10745 Cranks Road
and 11304 Segrell Way. City of Culver City, California
Agenda Item Report
___________________________________________________________________
|1010| In February 2005, the slope beneath 10745 Cranks Road failed. As a result, the home was deemed
inhabitable and the site was acquired by the City. The City ultimately repaired the failed slope and
demolished the home. The parcel is 8,023 sq. ft. and has remained in a vacant/unimproved condition
since 2007.
In September 2010, Fire Station #3 at 11304 Segrell Way was decommissioned due to a new station
being constructed at 6030 Bristol Parkway. The Segrell Property is comprised of a 4,880 sq. ft.
building, which is located on three, 5,000 square foot parcels.
In March 2012, U E Environmental, Inc. inspected the Segrell Property and reviewed the City’s Phase
I environmental analysis and determine that remediation will be necessary when the existing building
is demolished. Remediation is necessary because small quantities of lead and asbestos (common in
structures of this age) are present in the building’s interior.
2
Alternative Proposal No. 1 from Work Studios Development LLC requires rezoning the property for
multifamily development. Alternative Proposal No. 2 from Partners Trust involves development of an
innovative modular designed project of three single family homes consistent with the area zoning.
MEETING DATE: March 26, 2013
AGENDA ITEM: Authorization to Issue a Request for Qualifications
(RFQ) for Brokerage Services Related to the
Disposition of City-Owned Property Located 10745
Cranks Road and 11304 Segrell Way (former Fire
Station #3).
ATTACHMENTS
Pages
1. Request for Qualifications with Attachments 1-29
CITY OF CULVER CITY
Request for Qualifications for Real Estate Brokerage Services (RFQ)
Submittal Due Date: April 29, 2013
I. Purpose
The City of Culver City (City) is seeking the services of a qualified residential real
estate broker (Broker) with local experience to dispose of City-owned property
located at 11304 Segrell Way (former Culver City Fire Station No. 3) and 10745
Cranks Road (vacant residential lot); collectively referred to as the “Property”. Please
refer to the attachments for more information.
Il. Response Format
Each item in Section IV of this RFQ should be specifically addressed. If respondent
declines to provide a response, respondent should indicate why. Please limit
responses, relevant material and qualifications to 10 pages in length. If necessary,
additional information may be submitted in the form of an attachment or appendix. In
no case shall the total response exceed 20 pages.
III. Response Deadline
Responses to the RFQ are due no later than 4:00 p.m. (PST) Monday, April 29,
2013. Please submit one electronic copy in MSWord or PDF format, one unbound
original, and three bound copies to:
CITY OF CULVER CITY
Todd Tipton
9770 Culver Blvd.
Culver City, CA 90232
E: todd.tipton@culvercity.org
P: 310.253.5783
IV. Response Content
A. General Information
Provide information that explains the Broker’s firm and its structure including a
minimum of the following items:
1. History of the firm, including the year established;
2. Location of office(s), the office the Broker will operate out of and a brief
description of support staff;
3. Number of licensed representatives located in Culver City, if any;
4. Names of the Broker(s) who will be directly responsible for selling the
Property. Please provide a resume, including a copy of applicable licenses
and certifications.
ATTACHMENT NO. 1
Page 11
B. Experience
Provide information regarding the experience of the Broker(s) assigned to sell the
Property including, but not limited to:
1. A summary of applicable work experience that demonstrates knowledge
and experience in the residential real estate sales market. The summary
should reflect recent sales in the Culver City area including asking prices,
sales prices, duration the properties were on the market, the marketing
strategy used, etc.;
2. Provide contact information for two sellers represented in the past 60 days
that resulted in a sale;
3. Attach a descriptive list of work, if any, completed with a public agency in
the last five years; and
4. Any other applicable qualifications.
C. Strategy
Provide a description of the Broker’s strategy to market and sell the Property that will
be utilized in order to achieve the requirements outlined in Section V below.
D. Documentation of Standing and Licensing:
Shall include the following:
1. A copy of the business license authorizing the Broker to do business in
Culver City and California; and
2. Copy of the Broker’s real estate license from the California Department of
Real Estate.
E. Fee
Describe the desired fee and compensation structure for the services identified
herein. The fee and compensation structure should include all costs and expenses,
as well as proposed listing prices for both properties.
F. Term of the Contract
Describe the anticipated timeframe needed to sell the Property and desired term of
contact with the City.
V. Development and Sale Restrictions
The City Council will select a buyer for the Property based upon their offer price and
how they intend to develop the Property. Please note the developer will be
responsible for all demolition costs and must conform to the following development
and sale restrictions:
Development Standards (See attached zoning information):
a. One single family home (1 unit) per lot with a minimum lot width of 50 feet and
minimum lot depth of 100 feet.
b. A maximum dwelling unit area of 1,500 sq. ft. plus 40% of the net lot area for
parcels less than 8,000 sq. ft. not including garages and accessory structures,
and other setback, parking and zoning regulations.
ATTACHMENT NO. 1
Page 22
Alternative Developments:
a. Development proposals that do not meet the current zoning will need to be
vetted with the surrounding neighborhood.
b. Alternative developments are subject to necessary entitlements.
c. The City reserves the right to reject any proposal it chooses at its sole
discretion.
Sale Restrictions:
a. Minimum sales price to be established based on the Broker’s experience,
available appraisal information and comparable sales in the surrounding
areas.
b. Proposed project designs must be provided with all bid offers.
c. A covenant will be recorded with property disposition to reflect the proposed
development and designs, and to ensure a timely project completion (in order
to avoid property speculation).
d. Execution of an indemnification related to the hillside repair (10745 Cranks
Road only) and hazardous materials (11304 Segrell Way).
Prior to property disposition the City Council will review the offers and provide
negotiation instructions.
VI. RFQ Process
Interested Brokers will be required to attend a mandatory RFQ process meeting
located at the former Fire Station on Tuesday, April 9
th
at 9:00 a.m. at. Following the
meeting, staff will conduct tours of the sites.
Questions related to the RFQ or disposition process must be submitted in writing
prior to 4:00 p.m., Wednesday, April 17th.
At the completion of the response period, staff will interview qualified respondents
(anticipated May 2013) and will prepare a report and recommendation to the City
Council for consideration in May/June 2013.
The selected Broker will be required to execute the City’s Standard Form Contract for
Professional Services (attached). Respondents are advised to review the contract
and verify that they are capable of satisfying the provisions, including insurance
requirements.
VII. Noteworthy Items:
1. All submittals are subject to the California Public Records Act. A firm submitting
any information it considers confidential as to trade secrets or commercial or
financial information, which it desires not to be disclosed, must clearly identify
such information in its proposal. In the event the City receives a request for public
records asking for such material, the firm will be contacted and be given an
opportunity to comment or oppose such request, but in no event shall the City be
responsible for any liability or damages arising out of or resulting from the City’s
ATTACHMENT NO. 1
Page 33
disclosure of such information pursuant to a public records request. Information
not clearly identified as confidential will be deemed to be non-confidential and will
be made available by the City upon request by any member of the
public. Information identified as confidential will not be disclosed to the public,
except as required by law.
2. The City in releasing this RFQ shall not be obligated to proceed with any action
on the RFQ and may decide that it is in the City’s best interest to refrain from
hiring a broker or pursuing any further action.
3. The City reserves the right to negotiate modifications to the proposed fee and
compensation structure submitted by the respondent.
ATTACHMENT NO. 1
Page 44
ATTACHMENTS
Properties to be disposed of include:
? 11304 Segrell Way, Culver City, CA, APN 4216-029-900
? 10745 Cranks Road, Culver City, CA, APN 4203-019-900
Attachments:
1. Parcel Summary, Map & Pictures
2. Property Aerials
3. Residential Zoning Regulations
4. Sample City Contract
ATTACHMENT NO. 1
Page 5
DISPOSITION OF CITY-OWNED PROPERTY
11304 SEGRELL WAY (FORMER FIRE STATION #3)
& 10745 CRANKS ROAD
Single Family Zoning – R1*
Minimum
Lot
Area
5,000 SF or the average
area of residential lots
within a 500 ft. radius of
proposed subdivision,
whichever is greater.
Lot Width 50 ft.
Lot depth 100 ft.
Max. # of dwelling
units allowed per
parcel
1 unit
Dwelling Size
Maximum Area
1,500 SF plus 40% of net
lot area for parcels less
than 8,000 SF or more
Dwelling Size
Maximum Area
1,000 SF on the ground
floor
Front Setback 20 ft.
Side Setbacks 4 ft.
Rear Setback 10 ft.
Minimum Distance
Between
Structures
5 ft. between accessory
residential structures; 8
ft. between detached
dwelling units.
Open
Space
None required other than
setbacks.
Height limit 2 stories and 30 ft.
*Refer to Culver City Zoning Code (Chapter 17) for
additional information or contact the Planning Division at
310.253.5725.
11304 Segrell Way –
Former Fire Station No. 3
? Decommissioned in 2010 due to
construction of a new station at 6030
Bristol Parkway.
? Zoning - Single Family Residential.
? Three parcels, approx. 5,000 SF
each.
? Total area – 15,000 SF.
? Building Square Footage - 4,880 SF.
? Remediation (lead and asbestos)
required if station is demolished.
10745 Cranks Road
? Property deemed uninhabitable in
2005 due to land slide.
? Under the terms of a settlement
agreement relating to litigation
arising out of the land slide, the City
repaired the slide area, acquired the
property and demolished the
residence.
? Zoning - Single Family Residential.
? Total area – 8,023 SF.
? Site is currently a vacant lot.
ATTACHMENT NO. 1
Page 611304 Segrell Way
ATTACHMENT NO. 1
Page 7
ATTACHMENT NO. 1
Page 810745 Cranks Road
ATTACHMENT NO. 1
Page 9ATTACHMENT NO. 1
Page 10ATTACHMENT NO. 1
Page 11CHAPTER 17.210:
RESIDENTIAL ZONING DISTRICTS
Section
17.210.005 Purpose
17.210.010 Purpose of Residential Zoning Districts
17.210.015 Residential Zoning District Land Uses and Permit Requirements
17.210.020 Residential Zoning Districts Development Standards
§ 17.210.005 PURPOSE.
This Chapter provides residential development and use regulations in the residential zoning districts
established by § 17.200.010 (Zoning Districts Established).
(Ord. No. 2005-007 § 1 (part))
§ 17.210.010 PURPOSE OF RESIDENTIAL ZONING DISTRICTS.
The purpose of the individual residential zoning districts, and the manner in which they are applied, are as
follows.
A. R1 (Single-Family Residential) District. The R1 Zoning District identifies areas characterized by
single-family dwellings. The standards of the R1 District are intended to protect the existing density and
maintain the character of single-family residential neighborhoods. The R1 Zoning District is consistent
with the Low Density Single Family land use designation of the General Plan.
B. R2 (Two-Family Residential) District. The R2 Zoning District identifies areas characterized by
single-family dwellings and duplexes. The R2 standards are intended to maintain the character of existing
neighborhoods, while allowing the opportunity for two-family residential development. The R2 Zoning
District is consistent with the Low Density Two Family land use designation of the General Plan.
C. R3 (Three-Family Residential) District. The R3 Zoning District identifies areas characterized by
single-family homes, duplexes, and triplexes. The R3 standards are intended to maintain the character of
existing neighborhoods, while allowing a mix of housing types. The R3 Zoning District is consistent with
the Low Density Three Family land use designation of the General Plan.
D. RLD (Low Density Multiple-Family Residential) District. The RLD Zoning District identifies areas
characterized by low density multiple-family dwellings. The standards of the RLD District are intended to
ensure that new development is compatible with the character of existing neighborhoods. The RLD
Zoning District is consistent with the Low Density Multiple Family land use designation of the General
Plan.
ATTACHMENT NO. 1
Page 12E. RMD (Medium Density Multiple-Family Residential) District. The RMD Zoning District identifies
areas characterized by medium density multiple-family dwellings. The standards of the RMD District are
intended to provide opportunities for the construction of medium density multiple-family housing. The
RMD Zoning District is consistent with the Medium Density Multiple Family land use designation of the
General Plan.
F. RHD (High Density Multiple-Family Residential) District. The RHD Zoning District identifies
areas characterized by existing large-scale, multiple-family residential complexes. The standards of the
RHD Zoning District are intended to ensure that new high density residential projects are compatible with
the character of existing large-scale, multiple-family development. The RHD Zoning District is consistent
with the Planned Residential Development land use designation of the General Plan.
(Ord. No. 2005-007 § 1 (part))
§ 17.210.015 RESIDENTIAL ZONING DISTRICT LAND USES AND PERMIT
REQUIREMENTS.
A. General Requirements. Table 2-2 (Allowed Uses and Permit Requirements for Residential Zoning
Districts) identifies the uses of land allowed by this Zoning Code in each residential zoning district, and
the land use permit required to establish each use, in compliance with Subsection 17.200.020.B.
(Determination of Allowable Land Uses and Permit Requirements).
Note: Where the last column in the tables (“See Specific Use Regulations”) includes a section number,
the regulations in the referenced section apply to the use; however, provisions in other sections of this
Title may also apply.
TABLE 2-2
Allowed Uses and Permit
Requirements for
Residential Zoning
Districts
P Permitted Use
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
- Use not allowed
LAND USE (1) PERMIT REQUIREMENT BY DISTRICT See Specific Use
Regulations:
R1 R2 R3 RLD RMD RHD
RECREATION, EDUCATION, & PUBLIC ASSEMBLY
Public recreational and
cultural facilities
P P P P P P
Private residential
recreational facilities
- - - P P P
Religious places of
worship
CUP CUP CUP CUP CUP CUP
Public Schools -
Kindergarten to 12th
grade (2)
P P P P P P
Private Schools -
Kindergarten to 12th
CUP (3) CUP
(3)
CUP
(3)
CUP CUP CUP
ATTACHMENT NO. 1
Page 13grade (2)
TABLE 2-2 (continued)
Allowed Uses and Permit
Requirements for
Residential Zoning Districts
P Permitted Use
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
- Use not allowed
LAND USE (1) PERMIT REQUIREMENT BY DISTRICT See Specific Use
Regulations:
R1 R2 R3 RLD RMD RHD
RESIDENTIAL
Accessory dwelling units AUP AUP AUP - - - 17.400.095
Accessory residential
structures and uses
P P P P P P 17.400.100
Duplex - P P P P P
Home occupations P P P P P P 17.400.055
Multiple-family dwellings - - - P P P 17.400.105
Residential care facility, 6
or fewer clients
P P P P P P
Residential care facility, 7
or fewer clients
CUP (4) CUP
(4)
CUP
(4)
CUP CUP CUP
Senior citizen congregate
care housing
- - - CUP CUP CUP
Single-family dwellings P P P P P P
Triplex - - P P P P
SERVICE
Adult day care facilities CUP CUP CUP CUP CUP CUP
Child day care centers - - - CUP CUP CUP 17.400.035
Child day care - Large
family day care homes
AUP AUP AUP AUP AUP AUP 17.400.035
Child day care - Small
family day care homes
P P P P P P 17.400.035
Public utility or safety
facilities
CUP CUP CUP CUP CUP CUP
TRANSPORTATION & COMMUNICATIONS
Pipelines and utility lines
(underground)
P P P P P P
Telecommunications
facilities, cellular (5)
CUP CUP CUP CUP CUP CUP 17.400.110
Telecommunications See § 17.400.110 for permit requirements 17.400.110
ATTACHMENT NO. 1
Page 14facilities, dish antennas
Notes:
(1) See Article 7 for definitions of the land uses listed.
(2) Use only allowed on a site designated for such use by the General Plan.
(3) Use only allowed on a site declared by the Culver City Unified School District.
(4) Use only allowed on a site of 5 acres or more.
(5) Use only allowed on a site owned and controlled by the City or other governmental agency.
(Ord. No. 2005-007 § 1 (part))
§ 17.210.020 RESIDENTIAL ZONING DISTRICTS DEVELOPMENT STANDARDS.
A. General Requirements. Subdivisions, new land uses and structures, and alterations to existing land
uses and structures in the R1, R2 and R3 zones shall conform to the requirements in Table 2-3
(Residential Districts Development Standards - R1, R2 ,R3). Subdivisions, new land uses and structures,
and alterations to existing land uses and structures in the RLD, RMD and RHD zones shall conform to the
requirements in Table 2-4 (Residential District Development Standards - RLD, RMD, RHD). In addition,
the applicable development standards in Article 3 (Site Planning and General Development Standards)
apply to all residential zoning districts.
Table 2-3
Residential Districts Development Standards (R1, R2, R3)
Development Feature Requirement by Zoning District
R1 R2 R3
Minimum lot area (1) 5,000 square feet or the average area of residential lots within
a 500-foot radius of proposed subdivision, whichever is
greater.
Lot width (2) 50 feet
Lot depth 100 feet
Maximum number of
dwelling units allowed
per parcel (3) 1 unit 2 units 3 units
Dwelling size Maximum and minimum allowed floor area, not including any
garage or other non-habitable space.
Maximum area 1,500 square feet plus 40% of net lot area for parcels less than
8,000 square feet;
60% of net lot area for parcels 8,000 square feet or more.
Minimum area 1,000 square feet on the
ground floor.
1,000 square feet
for a single-
family unit;
750 square
feet/unit in a
1,000 square feet
for a single-
family unit;
750 square feet
for a duplex or
ATTACHMENT NO. 1
Page 15duplex. triplex.
Development Feature Requirement by Zoning District
R1 R2 R3
Setbacks (4) Minimum setbacks required. See § 17.300.020
(Setback Regulations and Exceptions).
Front 20 feet 15 feet 10 feet or one half
the building
height, whichever
is greater.
Sides (each) 4 feet 5 feet
Rear 10 feet
Minimum distance
between structures
5 feet between accessory residential structures;
8 feet between detached dwelling units.
Open space Minimum area of a site to remain uncovered by structures, in
compliance with § 17.400.100 (Residential Uses - Accessory
Residential Structures).
Private None required other than setbacks.
Common None required.
Height limit (4)(5) 2 stories or 30 feet
Landscaping As required by Chapter 17.310 (Landscaping).
Parking As required by Chapter 17.320 (Offstreet Parking and
Loading).
Signs As required by Chapter 17.330 (Signs).
Notes:
(1) Minimum lot area for parcels proposed in new subdivisions and lot line adjustments.
Condominium, townhome, or planned development projects may be subdivided with
smaller parcel sizes for ownership purposes, with the minimum lot area determined
through the subdivision review process, provided that the overall development site
complies with the minimum lot size requirements of this Chapter.
(2) Minimum required width measured at the street property line, except as otherwise
provided by § 15.10.700. (Subdivision Design Standards) for curved lot frontages and
flag lots.
(3) For standards for Accessory Dwelling Unit, see § 17.400.095.
(4) For standards for Accessory Residential Structures, see § 17.400.100.
(5) For standards for Height Measurement and Height Limit Exceptions, see §
17.300.025.
Table 2-4
Residential District Development Standards (RLD, RMD, RHD)
Development Feature Requirement by Zoning District
ATTACHMENT NO. 1
Page 16RLD RMD RHD
Minimum lot area (1) 5,000 square feet or the average area of residential lots within
a 500-foot radius of proposed subdivision, whichever is
greater.
Lot width (2) 50 feet
Lot depth 100 feet
Maximum density
1 unit/2,904 square feet
of net lot area.
1 unit/1,500
square feet of net
lot area, up to a
maximum of 9
units. (3)
1 unit/1,500
square feet of net
lot area.
Dwelling size Maximum and minimum allowed floor area, not including any
garage or other non-habitable space.
Maximum area No limitation.
Minimum area Studio Unit: 500 square feet; 1 Bedroom Unit: 700 square feet;
2 Bedroom Unit: 900 square feet; 3 Bedroom Unit: 1,100
square feet;
More than 3 bedrooms: 1,100 square feet plus 150 square feet
for each bedroom over 3.
Setbacks (4) Minimum setbacks required. See § 17.300.020
(Setback Regulations and Exceptions).
Front 10 feet or one half the building height, whichever is greater.
Sides (each) 10 feet 5 feet 10 feet
Rear 15 feet 10 feet; 5 feet
when adjacent to
an alley.
15 feet
Minimum distance
between structures
5 feet; 10 feet between detached dwelling units.
Open space Minimum area of a site to remain uncovered by structures, in
compliance with § 17.400.105 (Multiple-Family Residential
Structures).
Private 100 square feet/unit
Common None required. 30% of net lot
area.
Height limit (5) 2 stories and 30 feet 3 stories and 40
feet
Landscaping As required by Chapter 17.310 (Landscaping).
Parking As required by Chapter 17.320 (Offstreet Parking and
Loading).
Signs As required by Chapter 17.330 (Signs).
ATTACHMENT NO. 1
Page 17Notes:
(1) Minimum lot area for parcels proposed in new subdivisions and lot line adjustments.
Condominium, townhome, or planned development projects may be subdivided with
smaller parcel sizes for ownership purposes, with the minimum lot area determined
through the subdivision review process, provided that the overall development site
complies with the minimum lot size requirements of this Chapter.
(2) Minimum required width measured at the street property line, except as otherwise
provided by § 15.10.700. (Subdivision Design Standards) for curved lot frontages and
flag lots.
(3) The maximum density of 9 units per development parcel shall not apply to RMD-
zoned properties on Grand View Boulevard, between Washington Place and Herbert
Street.
(4) For standards for Accessory Residential Structures, see § 17.400.100.
(5) For standards for Height Measurement and Height Limit Exceptions, see §
17.300.025.
(Ord. No. 2005-007 § 1 (part))
ATTACHMENT NO. 1
Page 18Contract No. _________________
Page 1
CITY OF CULVER CITY
STANDARD FORM CONTRACT
WITH: ________________________________
FOR: ___________________________________________
THIS AGREEMENT is made and entered into by and between THE CITY OF
CULVER CITY, a municipal corporation, hereinafter referred to as "City," and
______________________________, a (California corporation, partnership,
sole proprietorship) hereinafter referred to as "Consultant."
1. CONSULTANT'S SERVICES. Consultant agrees to perform, during the
term of this Agreement, the tasks, obligations, and services set forth in the
"Scope of Service" attached to and incorporated into this Agreement as
Exhibit "A.”
2. TERM OF AGREEMENT. The term of this Agreement shall be from the
effective date pursuant to Section 27 of this Agreement and shall end
upon (DATE CERTAIN OR SATISFACTORY COMPLETION OF THE
WORK, AS REASONABLY DETERMINED BY CITY'S
________________________.)
3. PAYMENT FOR SERVICES. City shall pay for the services performed by
Consultant pursuant to the terms of this Agreement, the compensation set
forth in the "Schedule of Compensation" attached to and incorporated into
this Agreement as Exhibit "B." The compensation shall be paid at the
time and manner set forth in said Exhibit "B."
4. TIME FOR PERFORMANCE. Consultant shall not perform any work
under this Agreement until (a) Consultant furnishes proof of insurance as
required under Section 7 of this Agreement; and, (b) City gives Consultant
a written and signed Notice to Proceed.
5. DESIGNATED REPRESENTATIVE(S). ____________________ shall be
the designated Consultant Representative, and shall be responsible for
job performance, negotiations, contractual matters, and coordination with
the City. Consultant Representative shall actually perform, or provide
immediate supervision of Consultant’s performance of, the Scope of
Service.
6. HOLD HARMLESS. To the fullest extent permitted by law, Consultant
shall indemnify, defend (at Consultant's sole expense, with legal counsel
approved by City) and hold harmless the City of Culver City, members of
its City Council, its boards and commissions, officers, agents, and
ATTACHMENT NO. 1
Page 19Page 2
employees (hereinafter, "Indemnitees"), from and against all loss,
damage, cost, expense, liability, claims, demands, suits, attorneys' fees
and judgments arising out of or in any manner related to this Agreement.
This indemnification includes, but is not limited to, tort liability to a third
person for bodily injury and property damage.
Consultant agrees that this obligation to indemnify, defend and hold
harmless extends to liability and/or claims arising from Indemnitees'
active or passive negligence.
Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify an Indemnitee from any claim arising
from the sole negligence or willful misconduct of that Indemnitee.
The duty to defend referenced herein is wholly independent from the
duty to indemnify, arises upon written notice by City to Consultant of a
claim within the potential scope of this indemnification provision, and
exists regardless of any determination of the ultimate liability of
Consultant, City or any Indemnitee.
7. INSURANCE. Without limiting its obligations pursuant to Section 6 of this
Agreement, the Consultant shall procure and maintain, at Consultant’s
own cost and expense and for the duration of this Agreement, insurance
coverage as set forth in "Insurance Requirements" attached to and
incorporated into this Agreement as Exhibit "C.”
8. INDEPENDENT CONSULTANT STATUS. City and Consultant agree that
Consultant, in performing the services herein specified, shall act as an
independent Consultant and shall have control of all work and the manner
in which it is performed. Consultant shall be free to contract for similar
service to be performed for other employers while under contract with
City. Consultant is not an agent or employee of City, and is not entitled to
participate in any pension plan, insurance, bonus, worker’s compensation
or similar benefits City provides for its employees. Consultant shall be
responsible to pay and hold City harmless from any and all payroll and
other taxes and interest thereon and penalties therefor which may
become due as a result of services performed hereunder.
9. NON-APPROPRIATION OF FUNDS. Payment due and payable to
Consultant for current services is within the current budget and within an
available, unexhausted and unencumbered appropriation of City. In the
event City has not appropriated sufficient funds for payment of Consultant
services beyond the current fiscal year, this Agreement shall cover only
those costs incurred up to the conclusion of the current fiscal year.
10. ASSIGNMENT. This Agreement is for the specific services with
Consultant as set forth herein. Any attempt by Consultant to assign the
benefits or burdens of this Agreement without written approval of City
ATTACHMENT NO. 1
Page 20Page 3
shall be prohibited and shall be null and void; except that Consultant may
assign payments due under this Agreement to a financial institution.
11. RECORDS AND INSPECTIONS. Consultant shall maintain full and
accurate records with respect to all services and matters covered under
this Agreement. City shall have free access at all reasonable times to
such records, and the right to examine and audit the same and to make
transcripts therefrom, and to inspect all program data, documents,
proceedings and activities. Consultant shall maintain an up-to-date list of
key personnel and telephone numbers for emergency contact after normal
business hours.
12. OWNERSHIP OF CONSULTANT'S WORK PRODUCT. City shall be the
owner of any and all computations, plans, correspondence and/or other
pertinent data, information, documents and computer media, including
disks and other materials gathered or prepared by Consultant in
performance of this Agreement, or at any earlier or later time when the
same may be requested by City. Such work product shall be transmitted
to City within ten (10) days after a written request therefor. Consultant
may retain copies of such products. All written documents shall be
provided to City in digital and in hard copy form.
13. NOTICES. All notices given or required to be given pursuant to this
Agreement shall be in writing and may be given by personal delivery or by
mail. Notice sent by mail shall be addressed as follows:
To City: City of Culver City
Attention: _______________
9770 Culver Boulevard
Culver City, CA 90232-0507
To Consultant: ______________________
______________________
______________________
______________________
14. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City
with a complete Request for Taxpayer Identification Number ("TIN") and
Certification, Form W-9, as issued by the Internal Revenue Service.
15. PERMITS AND LICENSES. Consultant, at its sole expense, shall obtain
and maintain during the term of this Agreement, all appropriate permits,
licenses, and certificates that may be required in connection with the
performance of services under this Agreement including, but not limited
to, a Culver City business tax certificate.
16. APPLICABLE LAWS, CODES AND REGULATIONS. Consultant shall
perform all work in accordance with all applicable laws, codes and
regulations required by all authorities having jurisdiction over such work.
ATTACHMENT NO. 1
Page 21Page 4
Consultant agrees to comply with prevailing wage requirements as
specified in the California Labor Code, Sections 1770, et seq.
17. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY.
For work performed, Consultant agrees to seek bids for supplies and
materials from businesses located within the City of Culver City, with the
intent to make purchases from these businesses if such purchases can be
made at competitive prices.
18. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to
perform work similar to the services provided hereunder.
19. MODIFICATION OF AGREEMENT. This Agreement may not be
modified, nor may any of the terms, provisions or conditions be modified
or waived or otherwise affected, except by a written amendment signed by
all parties hereto.
20. WAIVER. If at any time one party shall waive any term, provision or
condition of this Agreement, either before or after any breach thereof, no
party shall thereafter be deemed to have consented to any future failure of
full performance hereunder.
21. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Consultant shall be construed to be both a
covenant and a condition.
22. RIGHT TO TERMINATE. City may terminate this Agreement at any time,
with or without cause, in its sole discretion, with thirty-days’ (30-days’)
written notice.
23. EFFECT OF TERMINATION. Upon termination as stated in Section 22 of
this Agreement, City shall be liable to Consultant only for work
satisfactorily performed by Consultant up to and including the date of
termination of this Agreement, unless the termination is for cause, in
which event Consultant need be compensated only to the extent required
by law. Consultant shall be entitled to payment for work satisfactorily
completed to date, based on a proration of the monthly fees set forth in
Exhibit "B" attached hereto. Such payment will be subject to City's receipt
of a close-out billing.
24. GOVERNING LAW. The terms of this Agreement shall be interpreted
according to the laws of the State of California. If litigation arises out of
this Agreement, then venue shall be in the Superior Court of Los Angeles
County.
25. LITIGATION FEES. If litigation arises out of this Agreement for the
performance thereof, then 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
ATTACHMENT NO. 1
Page 22Page 5
award the full amount of costs, expenses and attorney's fees paid or
incurred in good faith.
26. INTEGRATED AGREEMENT. This Agreement represents the entire
Agreement between City and Consultant regarding the subject matter
hereof, and all preliminary negotiations and agreements are deemed a
part of this Agreement. No verbal agreement or implied covenant shall be
held to vary the provisions of this Agreement. This Agreement shall bind
and inure to the benefit of the parties to this Agreement, and any
subsequent successors and assigns.
27. EFFECTIVE DATE. The effective date of this Agreement is the date it is
signed on behalf of City. This Agreement shall remain in full force and
effect until amended or terminated; provided, that the indemnification and
hold harmless provisions shall survive the termination.
NAME OF CONSULTANT
Dated:_______________ By________________________________
__________________________
Name
________________________
Title
Dated:_______________ By________________________________
__________________________
Name
________________________
Title
CITY OF CULVER CITY, CALIFORNIA
Dated:_______________ By_________________________________
John Nachbar
City Manager
(Signatures continued on Page 6)
ATTACHMENT NO. 1
Page 23Page 6
(Signatures continued from Page 5)
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
___________________________ ___________________________
NAME Carol A. Schwab
TITLE City Attorney
ATTACHMENT NO. 1
Page 24Contract No. _____________________
EXHIBIT A
PAGE 1 of 1
EXHIBIT A
CITY OF CULVER CITY
AGREEMENT
WITH:________________________________
FOR:_________________________________
SCOPE OF SERVICE
which is attached hereto, and incorporated herein by reference as though fully
set forth
(This exhibit should provide a complete description of each work task. If more
than one work task is to be performed, describe and number each work task
separately. If the objective is to be a completed study, describe what is expected
to be accomplished. Include any mandatory approaches to the problem, or task,
and specific limitations, along with a Work Schedule showing timelines for
completion of the various tasks and of the entire job. At the very least, this
exhibit should address and answer the following questions: WHAT is the nature
and purpose of the overall project and WHAT specific tasks and services is the
CONSULTANT going to perform to complete the job? WHERE is the work going
to be performed? WHEN is the work to be performed? HOW is the work going
to be performed?)
ATTACHMENT NO. 1
Page 25Contract No. __________________
EXHIBIT B
PAGE 1 OF 2
EXHIBIT B
CITY OF CULVER CITY
AGREEMENT
WITH: ____________________
FOR: _________________________________
SCHEDULE OF COMPENSATION
(TIME AND MATERIALS BASIS)
1. METHOD OF PAYMENT. Payment for all work performed by Consultant
pursuant to the terms of this Agreement, including Consultant’s meeting
with City staff, shall be made on the basis of the hourly rates set forth
below, plus actual out-of-pocket costs incurred in performing the work:
which is attached hereto, and incorporated herein by reference as though
fully set forth
PERSONNEL RATE PER HOUR
_________________________ ________________________
_________________________ ________________________
_________________________ ________________________
2. BILLING. At the end of each calendar month in which services are
performed or expenses are incurred under this Agreement, and prior to the
10th day of the following month, Consultant shall submit an invoice to the
City at the following address:
City of Culver City
Attn:____________________________
9770 Culver Boulevard
Culver City, CA 90232-0507
The invoice submitted pursuant to this paragraph shall show the City
Agreement Number, hours worked by each person who performed services
during the billing period, the hourly rate of pay for each person who
performed services, the dates on which the services were performed, a
description of the services performed, actual out-of-pocket expenses
incurred in the performance of the services, and such other information as
City may reasonably require.
ATTACHMENT NO. 1
Page 26Contract No. __________________
EXHIBIT B
PAGE 2 OF 2
3. TIME OF PAYMENT. Payment to Consultant shall be made within thirty
(30) days after submittal of Consultant’s invoice and approval by City, in
accordance with City’s normal demand procedure.
4. MAXIMUM COMPENSATION. Notwithstanding the foregoing, Consultant
shall complete all the work and tasks described in Exhibit A for a total
amount of compensation that does not exceed $___________, which
amount includes all out-of-pocket expenses.
ATTACHMENT NO. 1
Page 27Contract No. 2012-
EXHIBIT C
Page 1 of 2
EXHIBIT C
CITY OF CULVER CITY
AGREEMENT
WITH: __________________________
FOR: __________________________________
INSURANCE REQUIREMENTS
A. Policy Requirements.
Contractor shall submit duly executed certificates of insurance for the
following:
1. An occurrence based Comprehensive General Liability ("CGL")
policy, at least as broad as ISO Form CG 0001, in the minimum
amount of One Million Dollars ($1,000,000) each occurrence, with not
less than Two Million Dollars ($2,000,000) in annual aggregate
coverage.
The CGL Policy shall have the following requirements:
a. The policy shall provide coverage for personal injury, bodily
injury, death, accident and property damage and advertising
injury, as those terms are understood in the context of a CGL
policy. The coverage shall not be excess or contributing with
respect to City's self-insurance or any pooled risk
arrangements;
b. The policy shall provide $1,000,000 combined single limit
coverage for owned, hired and non-owned automobile
liability;
c. The policy shall include coverage for liability undertaken by
contract covering, to the maximum extent permitted by law.
Contractor's obligation to indemnify the Indemnitees as
required under Paragraph 6 of this agreement;
d. The Policy shall not exclude coverage for Completed
Operations Hazards or Athletic or Sports Participants; and
e. The City of Culver City, members of its City Council, its
boards and commissions, officers, agents, and
employees will be named as an additional insured in an
endorsement to the policy, which shall be provided to the City
and approved by the City Attorney.
ATTACHMENT NO. 1
Page 28Contract No. 2012-
EXHIBIT C
Page 2 of 2
2. Business Automobile Liability Insurance coverage in the amount of
One Million Dollars ($1,000,000), providing coverage for use of
mobile equipment (i.e. heavy mobile equipment or vehicles primarily
for use in an off-road environment), to the extent that (1) such
mobile equipment will be used within the City limits or on City
business, and (2) coverage for mobile equipment is not otherwise
covered by the CGL policy listed in subparagraph (a), above.
3. Professional/Negligent Acts, Errors and Omissions Insurance in the
minimum amount of One Million Dollars ($1,000,000) per claim, and
shall include coverage for separate "personal injury" alleged to
have been committed in the course of rendering professional
services, unless such coverage is provided by the CGL policy listed
in subparagraph (a), above.
4. Workers' Compensation limits as required by the Labor Code of the
State of California with Employers' Liability limits of One Million
Dollars ($1,000,000.00) per accident, if the Agreement will have
Contractor employees working within the City limits.
B. Waiver by City.
City may waive one or more of the coverages listed in Section A,
above. This waiver must be express and in writing, and will only be
made upon a showing by the Contractor that its operations in and
with respect to City are not such as to impose liability within the
scope of that particular coverage.
C. Additional Insurance Requirements.
1. All insurance listed in Paragraph A shall be issued by companies
licensed to do business in the State of California, with a claims
paying ability rating of "BBB" or better by S&P (and the equivalent by
any other Rating Agency) and a rating of A:VII or better in the current
Best's Insurance Reports;
2. Contractor shall provide City with at least thirty (30) days prior
written notice of any modification, reduction or cancellation of any of
the Policies required in Paragraph A, or a minimum of ten (10) days
notice for cancellation due to non-payment.
3. City may increase the scope or dollar amount of coverage required
under any of the policies described above, or may require different or
additional coverages, upon prior written notice Contractor.
ATTACHMENT NO. 1
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