City of Culver City, California
Redevelopment Agency Agenda Item Report
RECOMMENDATION:
Staff recommends the Culver City Redevelopment Agency (the “Agency”) consider
additional policies related to the management of Media Park (the “Park”).
BACKGROUND:
The Park and the Ivy Substation (the “Substation”) (collectively the Facilities) are
owned by and located in the City of Los Angeles. The Agency obtained control of
the Park and Substation in 1987 through a 40 year lease that allows the Agency to
rehabilitate and manage the Facilities for the Agency’s use.
On March 17, 2008, the Agency considered management policies to make the
Park available to special events and activities ancillary to filming (“Interested
Users”). The Agency approved the following management policies for exclusive
use of the Park:
• Interested Users must obtain a permit from Culver City’s Committee on Permits
and Licenses and abide by resulting conditions of approval;
• Interested Users must obtain necessary permits/approvals from the City of Los
Angeles;
• Interested Users must execute and abide by requirements described in a Media
Park License Agreement between the user and the Agency;
Meeting Date:5/04/09 Item Number: A-3
AGENDA ITEM: Discussion of Additional Policies Related to the Management 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 (04/29/2009); Chamber of
Commerce (04/29/2009); Master E-Mail Notification List (04/29/09).
Department Approval:
Sol Blumenfeld (04/15/09)
Agency Counsel Approval:
Murray Kane (by S. Cola) (04/28/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (04/29/09)
Executive Director Approval:
Jerry B. Fulwood (04/29/09) City of Culver City, California
Redevelopment Agency Agenda Item Report
• 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
• 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, with a
three-day maximum continuous use of the Park.
Because the Park does not have bathrooms or other facilities, there has been
interest for use of the Park for primarily two types of events: events that occur over
a short time frame that do not require facilities (Miller Toyota Dog Adoption Day,
SportEve 5k Run post-run festival) and large events, with attendance ranging from
500 – 1,500 attendees (Share our Strength’s Taste of the Nation and the Chamber
of Commerce’s Business Expo). These events have budgets that allow for the
rental of facilities, including bathrooms, fencing, power generators, security or
other facilities.
Most of the events that have occurred in the Park in the past were organized by
the City of Culver City, non-profit community or business organizations, or were
designated as Agency- or City-sponsored events. Over the last several months,
interest in exclusive use of the Park has increased to include commercial, for-profit
businesses not located in Culver City.
DISCUSSION:
Over the last several months, staff has received requests to rent the Park by
commercial, non-Culver City organizations that are interested in selling or
providing alcohol at their events; providing signage at the Park to advertise an
event occurring at the Park; and requesting that staff be available for oversight of
the event days.
1. Outside Commercial Organizations
Staff has learned that non-Culver City, commercial organizations desire to use the
Park because 1) private venues charge much higher prices than the current rate of
$100 per day and 2) Culver City has become a destination city and event planners
seek out the newest “hot” locations for upcoming events. The Park’s rental costs
are very inexpensive, making it attractive as commercial events seek to make a
profit through reducing expenses. As more commercial organizations seek an
inexpensive outdoor venue to produce their events, staff believes there will be
more requests for the commercial use of Media Park in the future.
City of Culver City, California
Redevelopment Agency Agenda Item Report
The $100 per day rate was recommended as a general maintenance fee for use of
the Park and was developed to allow community and non profit organizations an
inexpensive location to conduct their events. Staff did not anticipate the popularity
of Culver City for commercial events nor the additional staff time and other City
resources these larger events could potentially require.
Staff Recommendation: Staff recommends the Agency consider introducing
commercial rate(s) to reflect the actual costs associated with management of a
large event at the Park. Staff also recommends the Agency consider incorporating
Media Park rental rates and fees into the fee schedule currently being developed
by Parks Recreation and Community Services Department (“PRCS”) and utilizing
the same rate structure that will be proposed by PRCS in an upcoming Council
meeting. This will standardize rates for different types of organizations wishing to
use a park that is operated by the City or by the Agency and provide adequate cost
recovery, inclusive of staff time necessary for the planning of the event and park
maintenance post event. As per the lease with City of Los Angeles, there is a
three-day maximum continuous use of the Park for all users.
2. Provision of alcohol at non-sponsored events
The current Agency policies regarding the Park’s use are silent regarding the
allowance of alcohol in the Park. Pursuant to the terms of the Park Lease with the
City of Los Angeles, the Taste of the Nation event has been allowed to serve
alcohol in the past as part of the City of Los Angeles’ permit process for special
events. Because the event has been heard by the City Council and the Agency for
sponsorship, the serving of alcohol in the Park has been indirectly approved in the
past for this sponsored event. The Agency has the authority to further limit the sale
or consumption of alcohol at the Park should it so desire.
The Agency has traditionally limited alcohol-related events in the Park exclusively
to the Taste of the Nation. Hosting additional events which involve the sale or
provision of alcohol may increase the need for adequate security and oversight of
the event by the Police Department, placing additional demands on staff
resources.
The Culver City Municipal Code (CCMC) limits alcohol-related events in City Parks
exclusively to the Fiesta La Ballona event. Since the Park is in the corporate limits
of the City of Los Angeles, the CCMC is not automatically enforceable. However,
the Agency could determine to require the provisions of the CCMC to prevail in the
Park where they do not conflict with the Los Angeles Municipal Code.
Staff Recommendation: Staff recommends the adoption of policies that establish
objective criteria for determining whether to grant a request to serve alcohol at a
special event taking place in Media Park. Examples of such objective criteria
include, but are not limited to, increased insurance limits; higher deposits; City of Culver City, California
Redevelopment Agency Agenda Item Report
additional fees for police/security or garbage pick up; sale and consumption of
alcohol to be located within a defined, enclosed area not visible from the outside to
the general public and with security at all entries; alcohol to be served only in
conjunction with an event that also serves food; limitation on the number of such
events per year; and/or limitation on the number of attendees for such events.
Once objective criteria have been established, staff recommends these permits be
considered by the Agency for a case by case approval with public participation,
based upon application of such objective criteria. If a permit is approved, the
Executive Director would incorporate specific conditions required by the Board
for incorporation into the Agency's license agreement. If a permit is denied , then
the Agency Board should articulate on the record the fact specific basis that
supports rejecting such permit.
In the alternative, the Agency may choose to adopt such objective, criteria-based
policies as discussed above, after public participation, which could then be
administratively applied through the Agency’s License Agreement without a case
by case approval process at a public meeting.
3. Request for Staff Assistance
As mentioned above, planning for large events involves significant allocation of
staff resources. Because most outdoor events occur during the weekends, staff
time would need to be diverted from current work programs in order to be in
attendance during weekend events.
One way to partially alleviate the burden of staff time is to require that all
organizations renting the Park for an event pay for an Agency-contracted event
coordinator. The event coordinator could be contracted directly through the
organization (subject to staff approval), or via the Agency, in advance of the event.
The contractor would work the day of the event at a specified rate, with an
allowance for overtime and an opportunity to work up to one full eight-hour
workday prior to the event, depending on the needs for the event. The rate would
be equivalent to the current market rate with a four hour minimum and, after an
eight hour period, would be increased to 1.5 times the market rate per hour or
fraction thereof, with a maximum cost to the event organizer of $1,000 per event.
Staff Recommendation: Staff recommends the Agency hire an outside contractor
to coordinate Media Park events on the event day, who would be compensated by
the event organizer at the current market rates per hour.
4. Signage for Events
Media Park is an entryway to Culver City. Vehicles approaching from the east on
Venice Boulevard turn left onto Culver Boulevard and immediately see the Park on City of Culver City, California
Redevelopment Agency Agenda Item Report
the right side of the street. Similarly, traffic approaching from the west on Venice
Boulevard travels past the Park’s northern border. Staff has received numerous
requests to place signage at the Park to advertise events occurring at the Park and
staff has confirmed that signage is allowed at City of Los Angeles’ parks for special
events.
Staff Recommendation: Staff recommends the Agency allow event signage in the
Park for use by the Agency to advertise upcoming events at the park and/or other
events and activities in Culver City. If approved, staff will research options for
electronic changeable message signs, generic sign holders for printed signs and
location recommendations. If approved by the Agency, staff will come back with
options for locations and types of signage for approval, as well as a policy
regarding signage in the Park.
Conclusion:
Based upon direction received from the Agency this evening, staff will prepare an
Agency Policy reflecting such direction and return to the Agency for approval of
such a policy.
FISCAL ANALYSIS:
Establishing policies for the use of Media Park creates minimal fiscal impact. If the
Agency desires to increase lease opportunities at the park, there is potential for a
fairly significant fiscal impact as increased use would require increased
maintenance and increased staff time. Staff believes that while use of the Park for
events may increase downtown’s exposure to new visitors, possibly resulting in
more patronage of downtown businesses, rental of the Park does not currently
generate significant revenues that offset the full costs of hosting the events.
Currently, Park rental revenues are minimal and staff time has been considerable.
Increasing the rental rate will offset more of the Agency and City costs of the park.
Past special events have consumed from 4 hours up to 80 hours of one staff
member’s time, depending on the event’s complexity and level of sponsorship.
This equates to an Agency cost from $220 to approximately $4,400 (assuming the
average fully burdened hourly rate of $55 for a Management Analyst). This amount
varies depending on the scope of the special event and the corresponding duties
related to the event (interdepartmental organization, street closures, arranging for
permits, working with other related governmental organizations, number of event
days, etc.). Additionally, City costs may include staff time for police, traffic and
engineering, which are charged to the event organizer but would still burden staff
with additional hours of work. Unless an event has an economic benefit, increased
rental of the Park will likely have an adverse fiscal impact on the Agency and the
City unless a fee to recoup these costs is developed and implemented. City of Culver City, California
Redevelopment Agency Agenda Item Report
ATTACHMENTS:
1. Minutes from March 17, 2008.
2. Media Park License Agreement template.
MOTION:
That the Redevelopment Agency:
1.A. (staff recommendation) Direct staff to prepare a fee schedule for the use of
Media Park based upon the PRCS fee schedule, which will be determined at an
upcoming joint meeting;
OR
1.C. Not approve a separate rate for different types of organizations and maintain
the Media Park rental rate to be $100 for all organizations;
AND
2.A. (staff recommendation) Direct staff to return with a proposed policy
establishing objective criteria for determining whether to grant a request to serve
alcohol at a special event taking place in Media Park.
OR
2.B. Not allow alcohol at future private special events taking place in Media Park;
AND
3.A. (staff recommendation) Approve a requirement that organizations renting the
Park pay for an Agency-contracted event coordinator to work on the date of the
event and to be compensated by the event organizer.
OR
3.B. Do not approve a requirement for an event coordinator;
AND
City of Culver City, California
Redevelopment Agency Agenda Item Report
4.A. (staff recommendation) Approve the placement of event information signage
and/or sign holders in Media Park and direct staff to research options for different
types and locations of signage;
OR
4.B; Do not approve the placement of event informational signage and/or sign
holders in Media Park and direct staff to research options for different types and
locations of signage.
MEETING DATE: May 4, 2009
AGENDA ITEM: Consideration of Additional Policies Related to the
Management of Media Park.
ATTACHMENTS
Pages
1. Minutes from March 17, 2008. 1
2. Media Park License Agreement template. 2 -31
ATTACHMENT 1
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|1010|CULVER CITY REDEVELOPMENT AGENCY
LICENSE AGREEMENT
This License Agreement ("Agreement") is entered into by and between
___________________________ (“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 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 certain ancillary facilities
provided by Licensor in accordance with this Agreement (collectively, the “Facilities”) for
the sole purpose of hosting a “_________________” on________________ (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 and Facilities 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 Property and Facilities as set forth herein to host
the Event. The License shall commence on the date Licensor’s authorized
representative signs this Agreement and end on _____________________(“License
Term”). The Event shall occur during the hours of 7:00 a.m. and 10:00 p.m., Monday
through Wednesday; 7:00 a.m. and 6 p.m., Thursday through Saturday; and 9:00 a.m.
and 1:00 p.m., Sunday.
ATTACHMENT 2
2 RA#
|1010|3. Purpose of License. During the License Term, Licensee shall be allowed
to enter upon and use the Property and the following Facilities for the purposes stated
herein (“Purposes”):
a) Reserved.
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 and Facilities 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 onto the Property 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 the Property
and/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 the Property and/or Facilities.
6. Licensee Obligations. In consideration for the License, Licensee shall
provide to Licensor:
a) Reserved.
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 a permit from the
City of Culver City’s Committee on Permits and Licenses, 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, [insert if alcohol served at Event: 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, not less than two weeks
prior to the event (all collectively referenced herein as “Government Permits”).
Licensor shall coordinate and cooperate with Licensee in Licensee's activities to
obtain all necessary Government Permits.
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|1010|
8. Utilities. In furtherance of this License, Licensee may 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.
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. Such assistance shall be in the form
of event coordination by an independent contractor (“Event Coordinator”) at the rate of
$20 per hour for the duration of the Event, as well as up to eight hours the day, prior to
the Event day, as needed by the requirements of the Event, with an overtime rate of $30
for each hour over a daily eight hour period, up to a maximum cost to the Licensee of
$1,000 (“Event Coordination Costs”). The Event Coordination Costs shall be paid by
Licensee to the Event Coordinator within thirty (30) days of invoicing by the Event
Coordinator. Licensee understands, acknowledges and agrees that Licensor has no
obligation to provide Event coordination services and that all Event coordination
services shall be handled through the Event Coordinator. Licensee additionally agrees
that Licensor is authorized to withhold from any unused portion of the Deposit (as
described in Section 10(a), below), the Event Coordination Costs and to transfer said
costs to the Event Coordinator, in which event Licensee shall only be responsible for
payment to the Event Coordinator for the balance of the Event Coordinator’s invoice
after Licensor’s transfer of any unused portion of the Deposit to the Event Coordinator.
10. Deposit and Fees. Licensee shall be required to pay the following deposit
(“Deposit”) and license fees (“Fees”) to Licensor for this License:
a) A Deposit in the amount of THREE THOUSAND DOLLARS AND NO
CENTS ($3,000.00). Any costs to restore the Property and/or Facilities to
their condition prior to Licensee’s use of the Property and/or Facilities and
shall be deducted by Licensor from the Deposit (“Deposit Costs”).
Licensor shall refund any unused portion of the Deposit within thirty (30)
days of the Event along with a written itemized invoice of Deposit Costs,
except to the extent that the unused portions of the Deposit are paid to the
Event Coordinator for Event Coordination Services.
b) Fees in the amount of [FIVE HUNDRED DOLLARS AND NO CENTS
($500.00) per day for commercial, for-profit persons or entities] [ONE
HUNDRED DOLLARS AND NO CENTS ($100.00) per day for non-
profit entities]. The Fees shall be non-refundable.
11. Liens and Claims. Licensee shall not permit any mechanics',
materialmen's, or similar liens or claims to stand against the Property and/or 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
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|1010|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
and local laws, statutes and ordinances in connection with Licensee's entry onto and
use of the Property and/or 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
(i) procurement of all required Government Permits, (ii) payment of the Deposit and
Fees, and (iii) 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 Property and/or 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 the City of Los Angeles, and their respective
5 RA#
|1010|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)
(collectively, “Claims”) arising from the exercise of the License and/or right of entry
granted under this Agreement, including the use of the Property and any Facilities,
regardless of whether such Claims 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
or gross negligence.
17. Insurance. Notwithstanding anything to the contrary herein, nothing in this
Section 17 shall be interpreted as a limitation on Licensee’s obligations under Section
16 of this Agreement. 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 [insert if alcohol served at Event: including
coverage for any and all loss, liability, claims, damages and
expenses arising from the sale, distribution or consumption of
alcohol during the Event] with a minimum coverage limit per occurrence
of not less than $2,000,000.
b) Workers' Compensation Insurance in an amount and form sufficient to
meet all applicable governmental requirements.
c) Automobile Liability Insurance coverage in the amount of One Million
Dollars ($1,000,000).
Licensor, the City of Culver City, City of Los Angeles, 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 on, in or about the Property
and Facilities, provides primary coverage without contribution from any other insurance
carried by or for the benefit of Licensor, City of Culver City and City of 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 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 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.
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|1010|Licensee shall deliver to Licensor appropriate certificates of insurance and
endorsements 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.
19. 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
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.
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|1010|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
Culver City, CA 90232-0507
Attention: Jeremy Green
Phone: (310) 253-5764
Facsimile: (310) 253-5721
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.
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|1010|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.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized representative on the dates shown below.
LICENSOR LICENSEE
CULVER CITY
By: ______________________ By: ___________________
Sol Blumenfeld
Assistant Executive Director Title:__________________
Date: ____________________ Date: _________________
APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
By:___________________________
Murray O. Kane
General Counsel
9 RA#
EXHIBIT 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° 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.
10 RA#
EXHIBIT “B”
LEASE
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