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HomeMy Public PortalAbout2006-10-03CC This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. A person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addressino the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE L YNWOOD CITY COUNCIL TO BE HELD ON OCTOBER 3, 2006 COUNCIL CHAMBERS 11330 BULLIS ROAD, L YNWOOD, CA 90262), 5:00 P.M. :' LETICIA VASQUEZ MAYOR REVEREND ALFREDDIE JOHNSON, JR. MAYOR PRO-TEM LOUIS BYRD COUNCILMEMBER ~l//V . 105. ie=v! h I:::. t L. " c. c, eJ CITY OF LYr~ViOOD crrv .:"'1 r:-"""t~, !"\'-,:"'~E SEP 2 8 2006 AM PII' 718191ID1::11211:~3141516 ~4rJr 1-/~'1-- C;'-A/ Ckrl! 11 1 4 '" E FERNANDO PEDROZA COUNCILMEMBER MARIA TERESA SANTILLAN COUNCILMEMBER CITY MANAGER N. ENRIQUE MARTINEZ CITY CLERK ANDREA L HOOPER OPENING CEREMONIES 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Louis Byrd Reverend Alfreddie Johnson, Jr. Fernando Pedroza Maria T. Santillan Leticia Vasquez 4. PLEDGE OF ALLEGIANCE 5. INVOCATION CITY ATTORNEY J. ARNOLDO BELTRAN CITY TREASURER IRIS PYGATT 6. COUNCIL RECESS TO: LYNWOOD INFORMATION INC. L YNWOOD PUBLIC FINANCE AUTHORITY L YNWOOD REDEVELOPMENT AGENCY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. 7. MINUTES OF PREVIOUS MEETINGS: Regular Meeting - September 19, 2006 8. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated October 3, 2006 for FY 2006 - 2007. Recommendation: Staff recommends that the City Council approve the warrant register. 9. REQUEST FOR PROPOSALS FOR RECREATION CONSULTANT SERVICES Comments: Operation Touchdown, Inc. has provided recreation consulting services to the City of Lynwood for the past three (3) years. At the June 20, 2006 City Council Meeting, the current contract was extended for six-months to December 31, 2006 and staff was directed to issue a Request for Proposals (RFP) in order to comply with the City's purchasing ordinance and to obtain the most qualified consultant for the City. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING CITY STAFF TO RELEASE A REQUEST FOR PROPOSALS TO QUALIFIED CONSULTANTS TO PROVIDE RECREATION CONSULTANT SERVICES FOR THE CITY OF L YNWOOD". 2 10. AWARD OF CONTRACT TO PAGEANTRY PRODUCTIONS TO PRODUCE THE CANDY CANE LANE CHRISTMAS PARADE Comments: The City of Lynwood hosts an annual Christmas Parade with the assistance of Pageantry Productions. The annual cost for this professional service is approximately $25,000. According to the City's purchasing ordinance, all contracts in excess of $15,000 are required to be executed by the Mayor Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING THE MAYOR TO EXECUTE A THREE (3) YEAR CONTRACT WITH PAGEANTRY PRODUCTIONS TO PRODUCE THE ANNUAL CANDY CANE LANE CHRISTMAS PARADE". 11. CITY ATTORNEY CONTRACT AMENDMENT Comments: The purpose of this item is to have the City Council ratify its earlier action to have the City Attorney provide litigation services for the City. This action maintains the current spending cap of $35,000 per month in place for routine services. There is no spending limit for the litigation services. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT WITH BELTRAN & MEDINA, FOR PROVISION OF CITY ATTORNEY SERVICES." 12. REQUEST FOR SPECIAL PERMIT: HARRIS AVENUE - NEIGHBORHOOD MEETING Comments: A request was made by a resident of Harris Avenue to close a portion of Harris Avenue (between Josephine and Agnes), to conduct a Neighborhood Meeting on Saturday, October 14, 2006 from 5:00 p.m. - 8:00 p.m. Recommendation: Staff recommends that the City Council approve the street closure for this Neighborhood meeting with a waiver of permit fees for the street closure. 3 13. REAPPROPRIATION OF UNALLOCATED BOND PROCEEDS FOR CAPITAL PROJECTS Comments: Since 1995 the City of Lynwood, through the Lynwood Public Financing Authority and the Lynwood Utility Authority, has issued certain revenue bonds to be used for a variety of capital improvement projects. Some of the bond proceeds remain unallocated and must be used to avoid deobligation. At the same time, the needs for additional funding exist among previously approved capital improvement projects, which are eligible for the bond funding. Staff reviewed the City's Bond funds and identified proceeds that have not been used. Funding for the proposed appropriations will come from the previously approved but unallocated bond proceeds. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING THE REAPPROPRIATION OF UNALLOCATED BOND PROCEEDS FOR SPECIFIED CAPITAL IMPROVEMENT PROJECTS". 14. TITLE II FORMULA GRANT APPLICATION Comments: The State of California Corrections Standards Authority (CSA) recently announced the release of the Title II Formula Grants Program. Funds made available through this program support delinquency prevention/intervention efforts designed to curb juvenile crime and delinquency. The grants available are for a 12-month period scheduled to begin April 1 , 2007. The complete grant application is due prior to October 17, 2006. The possibility of funding for two additional years exists if Congress appropriates the funds and the approved project has demonstrated effectiveness. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING THE APPLICATION FOR FEDERAL GRANT FUNDS AVAILABLE THROUGH THE TITLE II FORMULA GRANTS PROGRAM". DISCUSSION ITEMS 15. COMMISSIONS AND BOARDS Comments: At the regular meeting of September 19, the Council made nominations to fill vacancies on the commissions and boards. Recommendation: After Council review appointment by motion the nominated Commissioners to their respective Commission and Boards. 4 16. ADOPTION OF AN ORDINANCE TO GOVERN THE PURSUIT OF GRANT FUNDING, AND THE SOLICITATION OF GIFTS AND DONATIONS TO THE CITY Comments: The purpose of this item is to have the City Council adopt a policy delegating authority to the City Manager and City staff to pursue grants and solicit donations and gifts on behalf of the City. Recommendation: Staff recommends that the City Council introduce for first reading by title only the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF L YNWOOD ADDING SECTION 6-7 TO THE L YNWOOD MUNICIPAL CODE ESTABLISHING A POLICY GOVERNING GRANTS, DONATIONS AND GIFTS TO THE CITY AND CONDITIONS OF ACCEPTANCE THEREFOR, DELEGATING LIMITED AUTHORITY TO CITY STAFF TO SOLICIT AND ACCEPT GRANTS, DONATIONS AND GIFTS, AND PROVIDING FOR ESTABLISHMENT OF ADMINISTRATIVE GUIDELINES TO GOVERN DISPOSITION THEREOF." DISCUSSION ITEMS - CITY COUNCIL REQUESTS 17. SENOR CENTER SCULPTURE UPDATE Comments: At the June 6 City Council Meeting, the proposed bronze sculpture for the Senior Center by Camilo Ramirez was presented for Council consideration. Staff was directed to convene another meeting of the Senior Center committee and provide the committee with alternative sculptures and artists for their consideration. Recommendation: Staff recommends that the City Council receive an update from staff on the status of the sculpture. 18. PILOT PROGRAM - CIVILIAN PATROL Comments: At the request of a Council Member the attached proposal for a pilot program for a Civilian Observer Program is attached for Council consideration. Recommendation: Staff recommends that the City Council review the request and direct staff accordingly. 5 19. FIRST AMENDMENT TO AGREEMENT FOR LEASE & DEVELOPMENT FEES - THE CITY OF L YNWOOD AND BULLETIN DISPLAYS, LLC Comments: The purpose of this item is for the City Council to consider and take action upon a first amendment to the agreement between the City of Lynwood and Bulletin Displays regarding the installation of billboards and associated lease and development fees. Recommendation: Staff recommends that the City Council review and discuss the first amendment to agreement for lease and development fees by and between the City of Lynwood and Bulletin Displays, LLC. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION CITY COUNCIL MEMBER REPORTING ON MEETINGS ATTENDED (GOV. CODE SECTION 53232.3 (D)) LETICIA VASQUEZ, MAYOR REVEREND ALFREDDlE JOHNSON, JR., MAYOR PRO-TEM LOUIS BYRD, COUNCILMEMBER FERNANDO PEDROZA, COUNCILMEMBER MARIA T. SANTILLAN, COUNCILMEMBER CLOSED SESSION 20. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda. City Negotiator: City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc. Negotiating: See listing of properties and property owners ("Seller" or "Seller's") in Attachment "A" to this agenda. Under Negotiation: Price and terms of payment - Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. B. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE APPOINTMENT 1. Assistant City Manager - Finance 6 C. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Two (2) Cases ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON OCTOBER 17, 2006 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF L YNWOOD, CALIFORNIA. 7 CITY COUNCIL AGENDA ITEM OCTOBER 3, 2006 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR, PURSUANT TO GOVERNMENT CODE SECTION 54956.8. Properties: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda. City Negotiators: City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc. Negotiating Parties: See listing of properties and property owners ("Seller" or "Seller's") in Attachment "A" to this agenda. Under Negotiations: Price and terms of payment - Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. APN 6189-019-060, 061 6189-019-003 6189-019-058, 059 6189-019-007, 008 6189-019-009, 010 6189-019-011 6189-019-012 6186-036-001 6186-036-029 6186-036-030 6186-036-006 6186-036-007 6186-036-008 ATTACHMENT "A" Conference with Real Property Negotiators Ham Park Replacement Project Commercial Properties City Council Meeting October 3, 2006 COMMERCIAL/MIXED USE PROPERTIES Owner Site Address Tacos Mexicos Inc. 11800-11808 Atlantic Avenue Bhagat, Narayan & Ranjan 11812 Atlantic Avenue Christ New Testament 11820-11832 Atlantic Avenue Baptist Church of L.A. Ornelas, Raul & Isabel 11836 Atlantic Avenue Trust/Ornelas Family Ornelas, Raul & Isabel 12000-12006 Atlantic Avenue Trust/Ornelas Family Patel, Navin & Champa 12012 Atlantic Avenue Nabulsi, Walid/Mohanned 12022 Atlantic Avenue Chin, David & Jackie & 12100 Atlantic Avenue Chen, Becky Bhagat, Vinodbhai Trust 12108 Atlantic Avenue Ghagat, Vinodgha Trust 12120 Atlantic Avenue Ballard, William Trust 12130 Atlantic Avenue J L Flores DDS Inc. 12134 Atlantic Avenue Ballard, William & Katherine12140 Atlantic Avenue ATTACHMENT "An Page 2 6186-001-011 Alfaro, Froylan & Jorge 12001 Atlantic Avenue 6186-001-007 Loera, John & Mary 12015 Atlantic Avenue 6186-001-004, 005, 006 Vasquez, Leonel 12017-12031 Atlantic Avenue 6186-001-002 Michalak, Michael 12035 Atlantic Avenue RESIDENTIALN ACANT PROPERTIES 6189-019-900 Lynwood Redevelopment NEC Atlantic Avenue & Agency Josephine Street 6189-019-056, Lynwood Redevelopment NWC Josephine Street & 057' Agency Virginia Avenue 6189-019-013 Chalvin, Myron Z. Trustee 11801 Virginia Avenue 6189-019-014 Chavez, Lucia 11807 Virginia Avenue 6189-019-015 Casas, Jesus & Patricia 11815 Virginia Avenue 6189-019-016 Membreno, Julio & Juana 11819 Virginia Avenue 6189-019-017 Contreras, Ramiro & Livier 11825 Virginia Avenue 6189-019-018 Tostado, Ernesto & Adrian 11833 Virginia Avenue 6189-019-019 Mosqueda, Rogelio & Maria 11837 Virginia Avenue 6189-019-020 Gatlin, Signe Conita Trustee 11845 Virginia Avenue 6189-019-021 Cruz, Guillermina 11851 Virginia Avenue 6189-019-022 Vasquez, Inez & Maria 11857 Virginia Avenue 6189-019-025 Cajero, Maria (Estate of) 11867 Virginia Avenue 6189-019-027 Aguiar, Gaudencio & Amarilis 11869 Virginia Avenue ATTACHMENT "A" Page 3 6189-019-030 6189-036-028 6189-036-027 6189-036-026 6189-036-025 6189-036-024 6189-036-023 6186-001-024 Quezada, Salvador 5121 Lavinia Avenue Nabulsi, Mohammed, et al 5124 Lavinia Avenue Jones, Sarah 12111 Virginia Avenue Zavala, Pedro & Rebecca 12115 Virginia Avenue Alvarez, Teofilo & Noemi 12121 Virginia Avenue Cullens, Charles & Joyce 12127 Virginia Avenue Preciado, Roberto & Imelda 12205 Virginia Avenue Chavez, Ascencion & Margarita 12011 Atlantic Avenue DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: AGENDA STAFF REPORT October 3, 2006 Honorable Mayor and Council Members N. Enrique Martinez, City Manager Andrea L. Hooper, City C1ertM Albert Espinoza, Deputy City Clerk Lynwood City Council Minutes Recommendation: Staff recommends the City Council approve following minutes: · Regular Meeting, September 19, 2006 Background: N/A Fiscal Impact: N/A Coordinated With: N/A AGENDA ITEM 7 L YNWOOD CITY COUNCIL REGULAR MEETING SEPTEMBER 19, 2006 The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road on the above date at 5: 15 p.m. Mayor Vasquez presiding. Council Members Byrd, Johnson, Pedroza, Santillan, and Vasquez were present. Also present were City Manager Martinez, City Attorney Medina, City Clerk Hooper, and City Treasurer Pygatt. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia spoke on item #14 - CONTRACT AMENDMENT FOR ABSG CONSULTING, INC. WATER SYSTEM BIOTERRORISM VULNERABILITY ASSESSMENT. She also spoke on item #24 - ACKNOWLEDGMENT OF NFL STADIUM PROPOSAL. She has concerns on how many residents will be displaced (from their homes) if a stadium is built in the City of Lynwood. Ralph Valenzuela spoke on #15 -ACCEPTANCE OF ATLANTIC AVENUE (MARTIN LUTHER KING BLVD TO ABBOTT ROAD) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5308 AND 05-5309. He also spoke on item #16 - AWARD OF STATE STREET (L YNWOOD RD. TO IMPERIAL HWY.) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5258, FEDERAL PROJECT NO. STPL 5250 (007) He said Bannaoun Engineers-Contractors has not paid prevailing wages for those projects. Sylvia Ortiz commented on item #24 - ACKNOWLEDGMENT OF NFL STADIUM PROPOSAL. She believes that bringing an NFL Stadium in the City of Lynwood is a complete joke. To propose to get rid of Marco Antonio Firebaugh High School to make room for an NFL Stadium is not good. PUBLIC ORAL COMMUNICATIONS Alex Landeros thanked the Council for the donations to the Aguascalientes events. Paulette Bradley suggested that the City paint the curbs in red and make the streets one way to alleviate the congestion. Maria Guadalupe Vasquez commented that it appears one of her neighbors is selling drugs and commented on other nuisances. Jack Keen commented that he would like the Council to build a 'granny & the babies' park on the Southeast side of the City. Sylvia Ortiz is concerned why the Council Members are getting paid to attend City sponsored events. Irene Garcia requested trolley shelters. Mayor Pro Tem Johnson commented he is getting tired of people spreading lies and disrespecting the Council. PUBLIC HEARING Item #7 APPROPRIATION OF FISCAL YEAR 2006 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS ALLOCATED BY SB 823 (POOCHIGIAN) FOR FRONT LINE LAW ENFORCEMENT SERVICES IN L YNWOOD It was moved by Council Member Byrd, seconded by Council Member Pedroza, and carried to open the public hearing. Being there were no public comments, it was moved by Council Member Byrd, seconded by Council Member Santillan, and carried to close the public hearing. After discussion, it was moved by Council Member Santillan, seconded by Council Member Pedroza, to adopt the Resolution. RESOLUTION NO. 2006.170 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD APPROVING THE ALLOCATION OF FUNDS UNDER THE 2006 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS BY SB 823 (POOCHIGIAN) FOR FRONT LINE LAW ENFORCEMENT SERVICES IN L YNWOOD. NOES: ABSTAIN: ABSENT: ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Councilor staff request specific items to be removed from the Consent Calendar for separate action. Council Member Santillan pulled item #15 - ACCEPTANCE OF ATLANTIC AVENUE (MARTIN LUTHER KING BLVD TO ABBOTT ROAD) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5308 AND 05-5309. Council Member Santillan pulled item #16 -AWARD OF STATE STREET (LYNWOOD RD. TO IMPERIAL HWY.) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5258, FEDERAL PROJECT NO. STPL 5250 (007) It was moved by Council Member Santillan, seconded by Council Member Pedroza, to approve the minutes, receive & file staff reports, and adopt the Resolutions. Item #8 MINUTES OF PREVIOUS MEETINGS: Regular Meeting - September 5, 2006 Item #9 APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2006.171 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE, FY 05-06. Item #10 SUPPORT OF PROPOSITIONS ON NOVEMBER 2006 BALLOT RESOLUTION NO. 2006.172 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD SUPPORTING PROPOSITIONS 1A, 1B, 1C, 10, 1E AND PROPOSITION 84 ON THE NOVEMBER 2006 BALLOT. Item #11 REAPPROPRIATION OF FUNDS RESOLUTION NO. 2006.173 ENTITLED: A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING THE REAPPROPRIATION OF FUNDS FOR OUTSTANDING ENCUMBRANCES OR OBLIGATIONS AT FISCAL YEAR ENDING JUNE 30, 2006. Item #12 AMEND CONTRACT WITH RICHARD HAMLIN ASSOCIATES RESOLUTION NO. 2006.174 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING AN ADDITIONAL $3,529 FUNDING FOR A TOTAL OF $18,529 TO COMPLETE CONSULTING SERVICES TO DRAFT A COMPREHENSIVE BILLBOARD ORDINANCE. Item #13 APPROVAL OF TRACT MAP NO. 61862 RESOLUTION NO. 2006.175 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD APPROVING TRACT MAP NO. 61862 AND AUTHORIZING THE MAYOR TO EXECUTE THE BOND AGREEMENT. Item #14 CONTRACT AMENDMENT FOR ABSG CONSULTING, INC. WATER SYSTEM BIOTERRORISM VULNERABILITY ASSESSMENT RESOLUTION NO. 2006.176 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING THE AMENDMENT TO ABSG CONSULTING, INC. FOR A TOTAL AMOUNT NOT TO EXCEED $25,168 TO PROVIDE PROFESSIONAL SERVICES FOR THE PREPARATION OF THE WATER SYSTEM BIOTERRORISM VULNERABILITY ASSESSMENT AND THE REVIEW AND UPDATE OF THE EXISTING EMERGENCY RESPONSE PLAN AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AMENDMENT. Item #17 REQUEST FOR PROPOSAL FOR BOND ARBITRAGE SERVICES RESOLUTION NO. 2006.177 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR BOND ARBITRAGE REBATE ANALYSIS SERVICES. Item #18 CONTRACT TO PROVIDE CITY PROSECUTOR SERVICES FOR QUALITY OF LIFE SERVICES: CODE ENFORCEMENT DIVISION RESOLUTION NO. 2006.178 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING A CONTRACT BETWEEN THE CITY OF L YNWOOD AND THE LAW OFFICES OF DAPEER, ROSENBLlT & LITVAK, LLP TO PROVIDE CITY PROSECUTOR SERVICES FOR CODE ENFORCEMENT. Item #19 SPECIAL PERMIT REQUEST - ST. EMYDIUS PARISH FESTIVAL Staff recommends that the City Council approve this request with the following conditions: 1. The applicant must meet the City of Lynwood permit requirements. 2. The applicant agrees to comply with any requirements set forth by the Los Angeles County Sheriffs, Fire and Health Department. 3. The applicant agrees to keep the noise levels within those prescribed by the Lynwood Municipal Code. Item #20 SECOND READING OF ORDINANCE - ZONE CHANGE NO. 2006-02 - 11805 -11809 ATLANTIC AVENUE ORDINANCE NO. 1586 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF L YNWOOD APPROVING ZONE CHANGE NO. 2006-02; CHANGING THE ZONING DESIGNATION FROM CB-1 (CONTROLLED BUSINESS) TO C-2A (MEDIUM COMMERCIAL) FOR AN EXISTING COMMERCIAL CENTER ON PROPERTY LOCATED AT 11805 - 11809 ATLANTIC AVENUE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6189-018-051, CITY OF L YNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE NOES: ABSTAIN: ABSENT: Item #15 ACCEPTANCE OF ATLANTIC AVENUE (MARTIN LUTHER KING BLVD TO ABBOTT ROAD) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5308 AND 05-5309 Council Member Santillan pulled this item for discussion. After discussion, it was moved by Council Member Santillan, seconded by Council Member Pedroza, to adopt the Resolution. RESOLUTION NO. 2006.179 ENTITLED: A RESOLUTION OF THE L YNWOOD CITY COUNCIL OF THE CITY OF L YNWOOD ACCEPTING THE ATLANTIC AVENUE (MARTIN LUTHER KING JR. BLVD. TO ABBOTT ROAD) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5308 AND 05-5309, AS BEING COMPLETE. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE NOES: ABSTAIN: ABSENT: Item #16 AWARD OF STATE STREET (L YNWOOD RD. TO IMPERIAL HWY.) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5258, FEDERAL PROJECT NO. STPL 5250 (007) Council Member Santillan pulled this item for discussion. After discussion, it was moved by Council Member Santillan, seconded by Council Member Byrd, to adopt the Resolution. RESOLUTION NO. 2006.180 ENTITLED: A RESOLUTION OF THE l YNWOOD CITY COUNCil OF THE CITY OF l YNWOOD AWARDING A CONTRACT TO BANNAOUN ENGINEERS-CONSTRUCTORS IN THE AMOUNT OF $574,300 FOR THE STATE STREET (l YNWOOD RD. TO IMPERIAL HWY.) IMPROVEMENT PROJECT, PROJECT NUMBER 05-5258, FEDERAL PROJECT NO. STPl 5250 (007), AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. NOES: ABSTAIN: ABSENT: ROll CALL: AYES: COUNCil MEMBERS BYRD, JOHNSON, PEDROZA, SANTilLAN, AND VASQUEZ NONE NONE NONE DISCUSSION ITEMS Item #21 REQUEST FOR SPECIAL PERMIT FOR FRATERNIDAD SINAlOENSE TO HOST CUl TURAURECREA TIONAl EVENT ON SUNDAY, OCTOBER 1, 2006 It was moved by Council Member Byrd, seconded by Council Member Santillan, to adopt option 1: Approve request for Sunday, October 1, 2006 with no City subsidy. The applicant is required to pay permit fees, City staff and private security costs, meet applicable requirements imposed by City Departments, the Sheriff, Fire and Health Departments and to enter into a private entity contract with the Sheriff's Department to pay approximately $5,000 relating to the Sheriff's staff overtime. NOES: ABSTAIN: ABSENT: ROll CALL: AYES: COUNCil MEMBERS BYRD, JOHNSON, PEDROZA, SANTillAN, AND VASQUEZ NONE NONE NONE Item #22 COMMISSIONS AND BOARDS City Clerk Hooper introduced this item regarding appointments to Council Commissions and Boards. The Council made nominations to the various commissions. This item is coming back to the Council for a vote on October 3, 2006. DISCUSSION ITEMS - CITY COUNCIL REQUESTS Item #23 REQUEST FOR FUNDING FROM PARENTS INTERESTED IN EDUCATION, INC. (PIE) FOR A COMMUNITY BLOCK GRANT Daniel Miller introduced this item regarding request for funding from parents interested in education. After discussion, it was moved by Council Member Byrd, seconded by Council Member Pedroza, to approve the request and direct the City Manager to look for funding. Item #24 ACKNOWLEDGMENT OF NFL STADIUM PROPOSAL Laura Alderete introduced this item regarding acknowledgement of NFL Stadium proposal. After discussion, it was moved by Council Member Byrd, seconded by Council Member Pedroza, to adopt the Resolution. RESOLUTION NO. 2006.181 ENTITLED: A RESOLUTION OF THE CITY OF L YNWOOD CITY COUNCIL, ACKNOWLEDGING INTEREST IN AND SUPPORT FOR THE PROPOSED PROGRAM UNDER THE LEADERSHIP OF IMPERIAL PARTNERS AND DEBARTOLO DEVELOPMENT FOR AN NFL STADIUM IN L YNWOOD. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE NOES: ABSTAIN: ABSENT: SUBSEQUENT NEED ITEM SENIOR CENTER WATER FOUNTAIN It was moved by Council Member Pedroza, seconded by Council Member Byrd, to add the subsequent need item to the agenda and determine that: 1) This agenda item came to the attention of the Council after the agenda was posted. 2) This agenda item requires immediate action. ROLL CALL: AYES: COUNCIL MEMBERS BYRD AND PEDROZA NOES: SANTILLAN AND VASQUEZ ABSTAIN: JOHNSON This item failed. Item #24A ST. FRANCIS MEDICAL CENTER FUNDRAISER It was moved by Council Member Santillan, seconded by Council Member Byrd, to add the subsequent need item to the agenda and determined that: 1) This agenda item came to the attention of the Council after the agenda was posted. 2) This agenda item requires immediate action. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE NOES: ABSTAIN: ABSENT: After discussion, it was moved by Council Member Santillan, seconded by Mayor Pro Tem Johnson, to adopt the Resolution. RESOLUTION NO. 2006.182 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING THE CITY'S PARTICIPATION IN ST. FRANCIS MEDICAL CENTER FUNDRAISER ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE NOES: ABSTAIN: ABSENT: CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Santillan requested that Council consider having parking enforcement officers work in the evenings so they can give out citations to parking violators. Mayor Pro Tem Johnson reported he received calls from the community encouraging him to move forward with the NFL Stadium plans. Item #25 A. CLOSED SESSION With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda. City Negotiator: City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc. Negotiating: See listing of properties and property owners ("Seller" or "Seller's") in Attachment "A" to this agenda. Under Negotiation: Price and terms of payment - Seeking authority. to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. B. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One (1) Case C. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYMENT Title: City Manager It was moved by Council Member Santillan, seconded by Mayor Pro Tem Johnson, and carried to recess to Closed Session at 7:45 p.m. Council reconvened at 8:24 p.m. City Attorney Beltran stated that Council met on the aforementioned matters and with respect to the following: A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda. City Negotiator: City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc. Negotiating: See listing of properties and property owners ("Seller" or "Seller's") in Attachment "A" to this agenda. Under Negotiation: Price and terms of payment - Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. The Council reached consensus (5-0) and provided further instructions to staff regarding the possible disposition of the matter. B. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One (1) Case This item was not discussed. C. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYMENT Title: City Manager No action was taken. ADJOURNMENT Having no further discussion, it was moved by Council Member Pedroza, seconded by Mayor Pro Tem Johnson, and carried to adjourn the regular Lynwood City Council meeting at 8:27 p.m., in memory of Vera Reed. - AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: October 3, 2006 Honorable Mayor & City Council M~~ )J) N. Enrique Martinez, City Manager IrL -- &- ()f7 r Marianna Marysheva, Assistant City Manager-Financ~ Tamu Ledbetter, Accounting Technician SUBJECT: Approval of the Warrant Register Recommendation: Staff respectfully recommends that the Lynwood City Council approve the warrant register. _________mm_m__ Attached Warrant Register dated October 3, 2006 ___mmn_____m AGENDA ITEM <z ;) ~ ~ w " '" ll. I.... iZ ,'" io: '" :~ ..,. '" I" " , ia:: 11.1.1 :..... 1m i O!I-< 0:" , ,~ dw I~ ,0 3!a::: IH ,..,. ;0;. 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OJ rr-o..... nj (") <:t lfi...o;-.. co 0- or- IIR: ft.:t R: it ~~~:~ ~ gigg51igcr; rororomro en OJ ro~~~ t;j ~ fCl f5~ ~~ b1'lri fll fd\'"1l C\i ()J ru ru lU!("U rll f'u!rurll ruifd ru flj i\!ruCll \'">.1 (".,1 ru ['J('dN fll ("J fd f'J ru ru rd OJ ruiN ,!'1 M('J r-:; ('j ('J f') ['):.:'1 ("J f')if"J MM!M::"J ("J M'C"l. M ("J f') [') M ("J f') ('j ('j M M ("J ("J M (") f'JiM j..... ..... .,...., ...... ..... ..... ~ .....,..... - -!- ..... -,~ ..... .... ~.......... ..... ..... ~ ........... .... ..... ..... ."..., ~ ..... - . - .....;- 'J o .J , ~ - o ("4 t- o C\I "' tD <, i I i ~ ~ oj M 01 o '" ~ ~~~ ~[~ 0 ~!~o c...lo:::> go o !:] - AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: October 3, 2006 Honorable Mayor and Members of t'Y?~ Jl?uncil N. Enrique Martinez, City Managey~#/' Autra C. Adams, Int. Dir. Recreation & Community SeNices ~ Perry Brents, Deputy Director SUBJECT: Request to Issue Request for Proposal (RFP) for Recreation Consultant Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING CITY STAFF TO RELEASE A REQUEST FOR PROPOSALS TO QUALIFIED CONSULTANTS TO PROVIDE RECREATION CONSULTANT SERVICES FOR THE CITY OF L YNWOOD". Background: Operation Touchdown, Inc. has provided recreation consulting seNices to the City of Lynwood for the past three (3) years. At the June 20, 2006 City Council Meeting, the current contract was extended for six-months to December 31, 2006 and staff was directed to issue a Request for Proposals (RFP) in order to comply with the City's purchasing ordinance and to obtain the most qualified consultant for the City. Discussion & Analysis: The current cost to provide Recreation Consultant SeNices is approximately $42,000 annually. An RFP notice will be published in the Lynwood Journal, the Lynwood Press, the Press Telegram, Trade Publications and made available on the City's website. A copy of the RFP is included as attachment "A". The following is the timeline to issue the RFP and select a Consultant: Council approval to Issue RFP -October 3, 2006 RFP Published (mail/website) - October 5, 2006 RFP Published (Newspaper) - October 11, 2006 Proposals Due - November 13, 2006 Proposals Evaluated - November 13 - November 23, 2006 (includes inteNiews and site visit) AGENDA ITEM tf City Manager Recommendation to City Council - December 5, 2006 Anticipated Contract Begin Date - January 2, 2007 Fiscal Impact: The current cost of the Recreation Consultant contract is approximately $42,000. This cost is included in the FY 06-07 adopted budget. The cost of the new contract will not be known until proposals are evaluated. Coordinated With: Finance Department City Attorney's Office RESOLUTION No. A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING CITY STAFF TO RELEASE A REQUEST FOR PROPOSALS TO QUALIFIED CONSULTANTS TO PROVIDE RECREATION CONSULTANT SERVICES FOR THE CITY OF L YNWOOD WHEREAS, the City of Lynwood purchasing guidelines requires that a formal Request For Proposals is issued for purchases in excess of $15,000; and WHEREAS, the Recreation Consultant current annual cost is approximately $42,000; and WHEREAS, the current Recreation Consultant contract is scheduled to end on December 31, 2006; and WHEREAS, the City of Lynwood desires to have qualified vendors bid for the opportunity to provide recreation consulting services for the City of Lynwood. NOW, THEREFORE, the City of Lynwood does hereby find, order, and resolve as follows: Section 1. That City staff is authorized to solicit bids for Recreation Consulting Services from qualified consultants through a Request for Proposals (RFP) process. Section 2. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this day of ,2006 Leticia Vasquez, Mayor ATTEST: Andrea L. Hooper, City Clerk N. Enrique Martinez, City Manager APPROVED AS TO FORM: APPROVED TO CONTENT: REQUEST FOR PROPOSAL FOR RECREATION CONSULTANT City of Lynwood City Clerk's Office 11330 Bullis Road Lynwood, CA 90262 Due Date for Proposals: Monday, November 13, 2006 NOTICE INVITING REQUEST FOR PROPOSALS FOR RECREATION CONSULTANT The City of Lynwood ("City"), California is seeking proposals from experienced and qualified Recreation professionals to provide consulting services. Proposals will be accepted until Monday, November 27, 2006 @ 5pm. Proposals received after the submittal time will be rejected and returned unopened to the sender. Proposals are to be delivered to the following address: ANDREA L. HOOPER, CITY CLERK CITY CLERK'S OFFICE CITY OF L YNWOOD 11330 BULLIS ROAD L YNWOOD, CA 90262 Each company shall provide seven (7) copies of their proposal in a sealed envelope titled "RFP FOR RECREA TlON CONSUL T ANT." A copy of the RFP may be obtained from City of Lynwood, Recreation & Community Services Department by calling (310) 603-0220, ext. 319. The City of Lynwood reserves the right to reject any and all proposals. Inquiries regarding these proposals should be directed to: Ms. Autra C. Adams, Interim Director of Recreation & Community Services, at 310-603-0220, ext. 319. 2 REQUEST FOR PROPOSAL ~~li.m1~\m1'<<I!;rii_Wb!t'j;:;<iWij!!t*,R,,;;JJil\1J:i'0UU>ii;i&'bi'~~',W:Wl&~~,t'!Ilf,:;MW',,;2iiU'H.'Wil'~i.Wm~~(iY~i'\)~;:ii! RECREATION CONSULTANT I. INTRODUCTION The City of Lynwood ("City"), California is seeking proposals from an experienced and qualified Recreation Consultant on a regular basis. Services are currently provided by a private non-profit company through contractual services. The City has recently adopted a new purchasing ordinance that requires that contracts in excess of $15,000 be placed out to bid. The City anticipates that the Recreation Consultant will provide professional services at a reasonable cost. II. BACKGROUND Located in the industrial heartland of Los Angeles County, the City is nestled less than 20 miles between two of the busiest ports in the world, Port of Long Beach and Port of Los Angeles. Major transportation corridors bound the City of Lynwood: 1-710 Long Beach Freeway to the east, 1-105 running east and west, and the Alameda Corridor to the west. The City consists of 4.9 square miles. The City is a general law city operating under a Council-Manager form of government. The City's policymakers are comprised of five (5) members elected at large in overlapping terms. It has an annual operating budget of $92 million dollars and 260 employees. The Recreation and Community Services Department is responsible for the operations of the City's recreation facilities. The Recreation and Community Services Department also manages the rentals of public facilities and coordinates the contract for the Recreation Consultant. The primary mission of the Recreation and Community Services Department is to provide superior public service to the community by working collaboratively to enhance the quality of life for all people in the City of Lynwood. With a budget of $4 million the Department is responsible for providing the community with aquatics, sports, youth camps, recreation classes, excursions, and other related programs. III. Scope of Work The scope of services outlined below are designed to accomplish the purpose of this RFP achieving the City's objective in strategically identifying needed improvements for Recreation and Community Services within the community; identifying and recommending funding sources (state and federal grants) and/or funding sources other than general funds to create and operate recreation programs, activities and services. 3 IV. General Contract Requirements The scope of services should reflect a comprehensive plan to address the needs of the entire community including crime prevention, senior social services, health & fitness, athletics, social betterment, enhancements to traditional recreation programs and expansion of future expansion of programs and facilities: 1. Consultant shall provide a comprehensive plan to the City on how best to approach the City's objectives. 2. Consultant shall conduct surveys and obtain in-put from residents at public meetings in order to identify needed services, activities, programs and interests. 3. Consultant shall make recommendations on effective operations and functions of recreation activities, facilities and programs. 4. Consultant shall seek and make recommendations regarding grants, sponsors and private donor funding for Recreation projects. 5. Consultant shall provide monthly performance reports on the progress of work performed, funding acquisitions and new development in the field of Recreation & Community Services. 6. Consultant shall attend meeting with the Department Director twice a month. V. RFP TIMELlNE Council approval to Issue RFP RFP Published (mail/website) RFP Published (Newspaper) October 3, 2006 October 5, 2006 October 11, 2006 B~J.!!PAI'i:\""~~;!;""~~!;'w!~,f+:';:~h ~-""'-i~"'~ij~~"~"'>',(,:i";!"1;':",'I;:wm; ,0 '14:l'pOsall$l!iu.. ,',', '.~~~~~'@':i~~ ,'INIJl~iem:m:er~u(U.~"'"_ ", ',Olli ,~"5",?&1(~.0Mf~~~._~ Proposals Evaluated November 13-November 23,2006 Anticipated Contract Begin Date January 2, 2007 4 VI. Proposal Submission Requirements 1. Introduction and Cover letter - Provide a cover letter describing your interest in providing Recreation Consultant Services. Provide the name, address, phone number, fax number, and e-mail address of your firm. The individual who will be the primary contact person should be identified. 2. Company Experience and Approach - provide a general overview of the company's relevant experience in providing Recreation Consultant Services. 3. Fee Schedule and Costs - provide the fee rate, listing the actual charges along with a schedule that can be reasonably expected on a monthly basis. 4. Company References - provide a list of five (5) client related references and client contact persons and telephone numbers where your company currently or previously provided Recreation Consultant Services. Provide a brief description of the work performed for each client. 5. Mandatory Insurance Requirements - Copies of insurance certificates meeting the City's minimum requirements must be submitted. The Company at all times during the term of the Agreement shall carry, maintain and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City; (1) a policy or policies of broad-form commercial general liability insurance with minimum limits of $1,000,000 combined single limited coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Company, its officers, employees, agents and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000 and (4) worker's compensation insurance with a minimum limit of $500,000 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as Additional Insured on the policy(ies) as to comprehensive general liability and property damage coverages. 6. The signature of an authorized individual to bind the firm - The proposal must be a firm offer for a ninety day period. Indicate by name and title of the individuals who would be assigned responsibility for performing the services. Provide resume(s) for each identified individual. VII. Selection Criteria The City Manager's designee will review and evaluate all proposals after formal receipt. To receive proper consideration, the proposal must meet the requirements of this RFP. The evaluation process will provide credit only for those capabilities and advantages, which are clearly stated in the proposal. In other words, advantages, which are not stated, will not be considered in the evaluation process. Vendors whose submittals include a significant failure to comply with the proposed proposal submission and general contract requirements will be dropped from the evaluation process. The City Manager's designee will evaluate the proposals on the following criteria: . Adherence to the requirements of this Request for Proposals . Ability to meet the stated proposal requirements. 5 · Competency, experience and qualifications of Consultant and key personnel · Past performance and experience in Recreation Consultant Services and operations of a similar scope and nature as required herein. · Fee schedule and estimated costs for performing the services called for in the Scope of Services. . Other related information. The City Manager's designee reserves the right to request additional information from Vendors, to visit sites, and to request demonstrations or oral presentations. Depending on the number of firms responding to the RFP, the City Manager's designee may create a "short list" of several firms to interview. In order to streamline the selection process, the City reserves the right to conduct interviews with selected firms by conference calls. Selected firms will be contacted and an interview scheduled. The City Manager may designate a Selection Committee to interview selected firms. Following the interview, candidate firms will be ranked. Upon determination of the top ranked firms, the City Manager will inform the City Council of the ranking. Vendors should note that the execution of any contract pursuant to this RFP is dependent upon approval of the Lynwood City Council at its sole discretion. No compensation will be due to any firm for preparation of a written proposal or for meeting with the Selection Committee for interview. The City reserves the right to make the selection of a Vendor based on any or all factors of value, whether quantifiable or not, including, but not limited to the anticipated initiative and ability of the Vendor to perform the services set forth herein. The resulting contract will be for a period of two-three years, at the City's sole discretion. VIII. Supplemental Information Questions should be addressed to: City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn: Autra C. Adams, Interim Director - Recreation & Community Services Department Phone: (310) 603-0220, extension 319 e-mail: aadams@lvnwood.ca.us 6 CONSULTING SERVICES AGREEMENT This agreement ("Agreement") is made as of by and between the City of Lynwood, a municipal corporation ("City") and ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in the attached Exhibit A; and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope ofthe specific services to be performed by Consultant are as described in Exhibit A. B. Time of Performance. Consultant shall complete the specific services according to the schedule of performance which is also set forth in Exhibit A. [or can set forth in a separate Schedule C; make appropriate changes throughout agreement if this is used.] 2. Term of Agreement. This Agreement shall commence on (the "Commencement Date") and shall terminate on (the "Termination Date"), unless sooner terminated pursuant to the provisions of this Agreement. On or before ninety (90) days prior to the Termination Date, Consultant and City shall meet to discuss this Agreement and its possible extension and or modification. In the event the Parties do not enter into a new agreement prior to the Termination Date, this Agreement shall continue on a month-to-month basis under the same terms for a period not to exceed three months following the Termination Date. If the Parties execute no new agreement by the end of the three-month period following the Termination Date, this Agreement shall terminate at the end of such three-month period. 3. Compensation A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Payment will be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include a breakdown of all monthly services performed together with the hours spent on each service. B. Total payment to Consultant pursuant to this Agreement shall not exceed [total payment in words] ($ total payment in figures)], which shall be payable in monthly installments of [installment payment in words] ($ installment payment in figures)] . In the event that this Agreement continues beyond the Termination Date as specified in Section 2, the total additional payment to Consultant 7 in the event no new agreement is signed shall not exceed the sum of for each month of extension or the appropriate prorated amounts if less than a full month of additional services is involved at any time. C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (i) appear on Consultant's monthly invoices; (ii) are accompanied by a copy of the City's written authorization for Consultant to incur such expenses; and (iii) receipts documenting such expenses. 4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control. 5. Addresses. City City of Lynwood 11330 Bullis Road Lynwood,CA 90262 Attn: Mr. N. Enrique Martinez, City Manager Consultant Attn: Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference. Exhibit A - Scope of Services and Time of Performance <--- U pages) Exhibit B - General Terms and Conditions (six (6) pages) III SIGNATURES ON FOLLOWING PAGE 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY CITY OF L YNWOOD By: Leticia Vasquez, Mayor Date CONSULTANT By: Date ATTEST: By: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: By: J. Arnoldo Beltran, City Attorney 9 EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City hanmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. 2. Standard of Performance. A. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or his/her designee may from time to time assign additional or different tasks or services to Consultant, provided such tasks are within the scope of services described in Exhibit A. However, no additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A, or those so assigned in writing to Consultant by the City Manager or his/her designee. B. The shall, until further notice to Consultant, administer this Agreement and provide for immediate supervision of Consultant with respect to the services to be provide~ hereunder. 3. Indemnification. A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. 10 B. To the extent permitted by law, Consultant agrees to indemnify and hold harmless City, its officers, employees, agents and volunteers from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, known or unknown, and all costs and expenses, including reasonable attorneys' fees as fixed by the court in connection with any injury or damage to persons or property to the extent caused by any negligent act, error, omission or negligence of Consultant, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee thereof in relation to Consultant's performance under this Agreement. Such defense and indemnification shall not apply in any instance of and to the extent caused by the negligence or willful misconduct of City, its officers, employees, agents or volunteers. C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to City. 4. Insurance. A. Without limiting Consultant's indemnification of City pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement insurance against claims for injuries to persons or damages to property arising from or in connection with the occupancy, use or operation of the Licensed Premises by Consultant, its officers, employees, agents, independent contractors or volunteers. B. The types and amounts of insurance shall be as described below, and an insurance company admitted to do business in California and approved by the City must issue all such policies. (i) General Liability Insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to the Leased Premises, or the general aggregate limit shall be twice the occurrence limit; (ii) Automotive Liability insurance, in a minimum amount of $1 million per accident for bodily injury and property damage; (iv) Workers' Compensation insurance on a state approved policy form with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; 11 (iii). Property damage insurance with a minimum limit of $500,000.00. C. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability, automotive liability and property damage. D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to "Risk Manager," City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. Consultant shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additionallnsured Endorsement". F. The Consultant's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. 5. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 6. Ownership of Work Product. All reports, documents or other written mat\,!rial developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the subject of a copyright application by Consultant. 12 7. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant. Consultant's covenant under this section shall survive the termination of this Agreement. 8. Termination for Cause. Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under this Agreement within seven (7) days after receipt from City of a written notice of such default, or should Consultant violate any of the terms and conditions of the Agreement, City may terminate this Agreement with cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City's obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written instruction of City. 9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City.- 13 11. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section. 15. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder. 16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of anyone or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the 14 making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attomey's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 22. Entire Agreement This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk. 23. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 15 - AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: October 3, 2006 Honorable Mayor & City Council Me~~ M N. Enrique Martinez, City Managey'/~I//' Autra C. Adams, Int. Dir. Recreation & Community Services ~ Rozie Carrillo, Recreation Superintendent /I SUBJECT: Award of Contract to Pageantry Productions to Produce the Candy Cane Lane Christmas Parade Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING THE MAYOR TO EXECUTE A THREE (3) YEAR CONTRACT WITH PAGEANTRY PRODUCTIONS TO PRODUCE THE ANNUAL CANDY CANE LANE CHRISTMAS PARADE." Background: The City of Lynwood with the assistance of Pageantry Productions )1osts an annual Christmas Parade. This year will mark the 85th anniversary of this event. Pageantry Productions has coordinated the City of Lynwood's parade since 1965. Discussion & Analysis: Although the cost associated with the production of the annual Christmas Parade is included as part of the fiscal year 2006/2007 adopted budget, no formal contract exists between the City of Lynwood and Pageantry Productions. In accordance with the City's purchasing guidelines, the Mayor is required to execute agreements in excess of $15,000 for professional services. This service is considered a specialized service and therefore, is exempted from the formal bidding process. Fiscal Impact: The annual cost for this service is approximately $25,000 per year. The cost for the current year is included in the adopted fiscal year 2006-07 budget. Coordinated With: AGENDA ITEM City Attorney Finance Department /0 Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING THE MAYOR TO EXECUTE A THREE (3) YEAR CONTRACT WITH PAGEANTRY PRODUCTIONS TO COORDINATE THE ANNUAL CANDY CANE CHRISTMAS PARADE and WHEREAS, the City of Lynwood hosts the Annual Candy Lane Parade; WHEREAS, this year will mark the 85th Anniversary of this event; and WHEREAS, the City of Lynwood's purchasing guidelines require the Mayor to execute agreements in excess of $15,000; and WHEREAS, staff has determined this is a specialized service and therefore recommends awarding a contract to Pageantry Productions for this purpose. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1. That the City Council authorizes the Mayor to execute a three (3) year contract with Pageantry Productions as approved to form by the City Attorney. Section 2. The contract shall be in the amount of $25,000 for the first year with an annual increase not to exceed the Consumer Price Index adjustment for the Los Angeles-Riverside-Orange County, CA area or 5% for each additional year. Section 3. That this resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 3rd day of October, 2006. Leticia Vasquez, Mayor ATTEST: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Arnoldo Beltran, City Attorney N. Enrique Martinez, City Manager Autra C. Adams, Int. Director Recreation & Community Services STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held at City Hall on the 3rd day of October, 2006, and passed by the following votes: AYES: NOES: ABSENT: ABSTAIN: Andrea L. Hooper, City Clerk STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 3rd day of October, 2006 Andrea L. Hooper, City Clerk AGENDA STAFF REPORT DATE: TO: FROM: PREPARED BY: October 3, 2006 Honorable Mayor & City Council Mey}begP)Iy) N. Enrique Martinez, City Manag7/~/ij" Richard M. Kreisler, Esq. Liebert Cassidy Whitmore k Resolution Authorizing the Mayor to Execute a First Amended City Attorney Legal Services Agreement With Beltran & Medina Recommendation: Staff recommends that the City Council consider adoption of the attached RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT WITH BELTRAN & MEDINA, FOR CITY ATTORNEY SERVICES. Backqround: 1. On or about February 22, 2006, the City Council executed a CITY ATTORNEY LEGAL SERVICES AGREEMENT with City Attorney Beltran & Medina. 2. That CITY ATTORNEY LEGAL SERVICES AGREEMENT provides for provision of non-litigation services with a spending cap of $35,000 monthly. 3. The CITY ATTORNEY LEGAL SERVICES AGREEMENT does not specifically provide for the method of providing litigation services. 4. It is appropriate to modify the CITY ATTORNEY LEGAL SERVICES AGREEMENT to provide for litigation services at an hourly rate not to exceed $250 for attorneys and $90 for paralegals, law clerks or other non- attorney staff, or on a flat fee per project in an amount agreed upon in writing prior to performance of services on each project. The City Council has not adopted a Resolution authorizing the Mayor to execute what would now be a FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT, although the City Council authorized that action in a June, 2006 meeting. Page 1 of 2 AGENDA ITEM II Discussion and Analvsis: Attached to this AGENDA STAFF REPORT is a RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT WITH BELTRAN & MEDINA, FOR CITY ATTORNEY SERVICES and the FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT and a FIRST AMENDED EXHIBIT A - SCOPE OF WORK, COMPENSATION AND PERFORMANCE REVIEW, and EXHIBIT B- GENERAL TERMS AND CONDITIONS. The FIRST AMENDED EXHIBIT A still provides for an expenditure of not-to- exceed $35,000 regarding non-litigation spending, but has no spending cap on litigation services. It is staff's recommendation that there be no maximum litigation expenditure, inasmuch as the City Attorney has only limited control over the manner in which litigation progresses and the number of hours required to represent the City in a litigation matter. No changes have been made to the EXHIBIT B that was attached to the initial City Attorney Legal Services Agreement. Fiscal Impact: Indeterminate. Attachments: 1. FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT 2. FIRST AMENDED EXHIBIT A - SCOPE OF WORK, COMPENSATION AND PERFORMANCE REVIEW 3. EXHIBIT B - GENERAL TERMS AND CONDITIONS Page 2 of 2 RESOLUTION NO. 2006-_ RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT WITH BELTRAN & MEDINA, FOR PROVISION OF CITY ATTORNEY SERVICES WHEREAS, the City Council of the City of Lynwood ("City Council" and "City") desires to receive legal counsel services that are professional, high-quality but also cost- effective; and WHEREAS, the City Council directed the Mayor to review the. scope of work performed by Beltran & Medina in its capacity as the City Attorney, the billing rates, and the ongoing costs incurred by the City to receive these services, and to recommend actions to contain the costs while receiving the high quality legal services needed by the City; and WHEREAS, the Mayor reviewed the monthly non-litigation billing statements of Beltran & Medina related to its provision oflegal support services to the City, compared the billing rates to those in other comparable cities and segregated the litigation work from other legal services; and WHEREAS, the Mayor negotiated the monthly spending threshold with Beltran & Medina, and presented the spending cap recommendation to the City Council on or about February 7, 2006; and WHEREAS, the City Council authorized the Mayor to develop a modified contractual arrangement with Beltran & Medina to provide the City Attorney non-litigation services at the monthly cost of not to exceed $35,000 excluding out-of-pocket expenses; and WHEREAS, the City Council passed, approved and adopted Resolution No. 2006- , which authorized the Mayor to execute said modified contractual agreement with Beltran & Medina; and WHEREAS, that modified contractual agreement was executed; and WHEREAS, the City Council has determined that said modified contractual agreement with Beltran & Medina should be amended to additionally provide for litigation services being exempt from the non-litigation $35,000 monthly cap, and being compensated at an hourly rate not to exceed $250 for attorneys or $90 for all paralegals, law clerks or designated staff, or on a flat fee per project in an amount agreed upon in writing prior to performance of each project; and WHEREAS, said litigation compensation hourly rate modification shall be the only amendment to the February 22,2006 CITY ATTORNEY LEGAL SERVICES AGREEMENT executed pursuant to Resolution No. 2006-~; 200407.1 L Y020-00 1 NOW, THEREFORE the City Council hereby finds, deternlines, and resolves as follows: Section 1. That the February 22,2006 modified contractual agreement with Beltran & Medina shall be amended pursuant to the FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT and FIRST AMENDED EXHIBIT A - SCOPE OF WORK, COMPENSATION AND PERFORMANCE REVIEW and EXHIBIT B - GENERAL TERMS AND CONDITIONS, as detailed in the attached contractual agreement, and; Section 2. That the Mayor is authorized to execute the above-described FIRST AMENDED agreement and Exhibits A and B. Section 3. That this Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS 3,d DAY OF OCTOBER 2006 AYES: NOES: ABSENT: ABSTAIN: , Mayor Attest: I, Andrea L. Hooper, as Clerk to the Lynwood Redevelopment Agency, do hereby certify that the foregoing Resolution was duly passed, approved and ado~ted by the Lynwood Redevelopment Agency, at a regular meeting of said LRA, held on the 19 H day of September 2006. Executed this 3rd day of October 2006, at Lynwood, Los Angeles County, California. Andrea L. Hooper, Secretary 200407.\ LY020-D01 FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT This FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT ("Agreement") is made as of July 5,2006 by and between the City of Lynwood, a municipal corporation ("City") and Beltran and Medina ("City Attorney"). City and City Attorney are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, the Parties executed a CITY ATTORNEY LEGAL SERVICES AGREEMENT on February 22, 2006, incorporating therein an Exhibit A setting forth the SCOPE OF WORK., COMPENSATION AND PERFORMANCE REVIEW applicable to the agreement of the parties; and WHEREAS, said Exhibit A specifically provides that litigation services are not covered by the Agreement; and WHEREAS, there exists a necessity to secure litigation services; and WHEREAS, City Attorney is qualified to perform said litigation services. NOW, THEREFORE, in consideration of performance by the Parties of the covenants and conditions contained within the FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT, the parties hereto agree as follows: 1. EXHIBIT A. A. Scope of Services. Exhibit A to the February 22,2006 CITY ATTORNEY LEGAL SERVICES AGREEMENT shall be amended as set forth in the attached FIRST AMENDED EXHIBIT A to allow Beltran & Medina to provide litigation services upon direction by the City that Beltran & Medina do so. Nonetheless, City shall have no duty and/or obligation to assign litigation services to Beltran & Medina, and as set forth within the FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT, City shall be authorized to terminate any such assigned litigation services as set forth in the AGREEMENT. B. Compensation. Any litigation services provided by Beltran & Medina shall be at an hourly rate not to exceed $250 for attorneys or $90 for all paralegals, law clerks and designated staff, or on a flat fee per project in an amount agreed upon in writing prior to performance of each project. Absent written agreement to perform litigation services on a flat fee basis, services shall, by default, be rendered at the above hourly rate. Page 1 193132.2 LY020-001 All other provisions of the February 22,2006 CITY ATTORNEY LEGAL SERVICES AGREEMENT, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT as of the dates written below. CITY CITY OF LYNWOOD By: Leticia Vasquez, Mayor Date CITY ATTORNEY BELTRAN AND MEDINA By: 1. Arnoldo Beltnm Date ATTEST: By: Andrea L. Hooper, City Clerk 7- 2-6 -()~ By: Richard Kreisler Liebert Cassidy Whitmore Page 2 193132.2 LY020~OOl FIRST AMENDED EXHIBIT A SCOPE OF WORK, COMPENSA nON AND PERFORMANCE REVIEW Scope of Work This contract is for the following non-litigation services, including but not limited to the following: · review of agenda items (reports and legislation) for the City Council, Ln, LUA and LPFA . attending meetings of the Council, Ln, LUA and LPFA, as well as Commissions and/or Committees as assigned; responding to questions at meetings; and providing follow-up information after meetings as requested . review and sign off on contractual agreements for the City · research and analysis of State and Federal legislation (approved or pending) impacting the City, Ln, LUA or LPF A . responding to inquiries and/or requests from the authorized contacts within the City (as designated by the City Manager) · coordinating responses to Public Records Requests for the City . research and analysis of historical records necessary to provide legal opinion on a general inquiry · drafting letters, legislation, reports, agreements and other items as requested by the City Manager · other day-to-day assistance as requested by the City Manager and/or his designees · representation of the City and/or its officers at meetings, conference calls or events, as requested by the City Manager . attending meetings of and providing legal support to the Planning Commission, with responsibilities rotated with the Redevelopment Agency Legal Counsel every six months. Litigation services are covered by this agreement, as provided for in the FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT. Compensation (Non-Litigation) City agrees to compensate city Attorney for non-litigation services rendered under this Agreement in the amount of not- to-exceed $35,000 (thirty-five thousand dollars). Upon written agreement of the parties, non-litigation fees may either be incurred at an hourly rate not to exceed $180.00 for attorneys or $90.00 for all paralegals, law clerks, and designated staff, or on a flat fee per project in an amount agreed upon in writing prior to performance of each project. Absent written agreement to perform services on a flat fee basis, services shall by default be rendered at the above hourly rate. Compensation (Litigation) Any litigation services provided by Beltran & Medina shall be at an hourly rate not to exceed $250 for attorneys or $90 for all paralegals, law clerks and designated staff, or on a flat fee per project in an amount agreed upon in writing prior to performance of each project. Absent Page 3 193132.2 LY020-001 written agreement to perform litigation services on a flat fee basis, services shall, by default, be rendered at the above hourly rate. Performance Review A written annual administrative performance evaluation of City Attorney's performance shall be required within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The performance indicators below and the work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. Performance Indicators . Number of discretely defined issues I legal cases handled . Average number of days to respond to a request for a legal opinion I analysis . Average number of hours to prepare a legal opinion I analysis . Total City payment to the legal firm during the year for services . Percentage change in the total City payment of attorney's fees from the last year . Total City's liability (paid and incurred) during the year as a result of the cases handled by Beltran and Medina . Percentage change in the City's liability related to cases handled by Beltran and Medina, from the prior year . Percentage of customers rating legal services as "good" or "excellent" . Percentage of customers rating legal services as timely The City Attorney is responsible for collecting data on the above indicators on a monthly basis, and present the results to the City upon the City Manager's request (during the annual review as well as at other times as requested). Notwithstanding the "performance review" provisions in this First Amended Exhibit A, no cause or reason(s) need be stated in support of a contract termination decision being rendered by either party. (See Section 2 - TERM OF AGREEMENT in First Amended City Attorney Legal Services Agreement; said terms taking precedence over any contrary terms in this First Amended Exhibit A.). Page 4 193132.2 LY020-001 EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. City Attorney is, and shall at all times remain as to City, a wholly independent contractor. City Attorney shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of City Attorney or any of City Attorney's employees, except as set forth in this Agreement. City Attorney shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. City Attorney agrees to pay all required taxes on amounts paid to City Attorney under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of City Attorney and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and City Attorney, then City Attorney agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. City Attorney shall fully comply with the workers' compensation law regarding City Attorney and City Attorney's employees. City Attorney further agrees to indemnifY and hold City harmless from any failure of City Attorney to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to City Attorney under this Agreement any amount due to City from City Attorney as a result of City Attorney's failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. 2. Standard of Performance. A. City Attorney shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or hislher designee may from time to time assign additional or different tasks or services to City Attorney, provided such tasks are within the scope of services described in First Amended Exhibit A and the assignment is evidenced in writing. However, no additional or different tasks or services shall be performed by City Attorney other than those specified in First Amended Exhibit A, or those so assigned in writing to City Attorney by the City Manager or hislher designee. B. The City Manager shall, until further notice to City Attorney, administer this Agreement. 3. Indemnification. A. City Attorney is skilled in the professional calling necessary to perform the services Page 5 193132.2 LY020-001 and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of City Attorney to perform said services and duties. B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to City Attorney or any other person for, and City Attorney shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by the City Attorney's performance of or failure to perform any services under this Agreement or by the actual or alleged negligent or willful acts or omissions of City Attorney, its agents, officers, directors, subcontractors, subconsultants or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. C. City Attorney agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, subconsultant or any other person or entity involved by, for, with or on behalf of City Attorney in the performance of this Agreement, designating those persons/entities described in Section 3(B) above, as indemnitees. In the event City Attorney fails to obtain such indemnity obligations from others as required in this Section, City Attorney agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to City. 4. Insurance. A. Without limiting City Attorney's indemnification ofIndemnitees pursuant to Section 3 of this Agreement, City Attorney shall obtain and provide and maintain at its ()wn expense during the term of this Agreement the types and amounts of insurance as described below: (i) Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Page 6 193132.2 LY020-001 (ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than 1,000,000 per accident, combined single limit. If City Attorney owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described in the preceding subsection. If City Attorney or City Attorney's employees will use personal autos in any way on this project, City Attorney shall provide evidence of personal auto liability coverage for each such person. (iii) Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.; (iv) Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the City Attorney and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the above policy(ies) as to commercial general liability and automotive liability. C. All insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California with a Best's rating of no less than A:VII. D. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to "Risk Manager," City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. City Attorney agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. City Attorney shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". F. The City Attorney's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the City Attorney's insurance and shall not contribute with it. Page 7 193132.2 LY020-001 G. City Attorney agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of City Attorney and the cost of such insurance may be deducted, at the option of City, from payments due City Attorney. S. Confidentiality. City Attorney in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. City Attorney covenants that all data, documents, discussion, or other information developed or received by City Attorney or provided for performance of this Agreement are deemed confidential and shall not be disclosed by City Attorney without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. City Attorney's covenant under this section shall survive the termination of this Agreement. 6. Ownership of Work Product. All reports, documents or other written material developed by City Attorney in the performance ofthis Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the subject of a copyright application by City Attorney. 7. Conflict ofInterest. A. City Attorney covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by City Attorney under this Agreement, or which would conflict in any manner with the performance of its services hereunder. City Attorney further covenants that, in performance ofthis Agreement, no person having any such interest shall be employed by it. Furthermore, City Attorney shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. City Attorney covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by City Attorney. City Attorney's covenant under this section shall survive the termination of this Agreement. 8. Termination. City Attorney agrees that in the event of termination of this Agreement as provided for in Section 2(A) of the Legal Services Agreement, City's obligation to pay City Attorney shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, City Attorney shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written instruction of City. 9. Personnel. City Attorney represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required Page 8 193132.2 LY020-0Ql under this Agreement will be performed by City Attorney or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. City Attorney reserves the right to determine the assignment of its own employees to the performance of City Attorney's services under this Agreement, but City reserves the right to require City Attorney to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entering into this Agreement, City Attorney has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, City Attorney shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that City Attorney is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to City Attorney after review and shall not be retained by City. 11. Non-Discrimination and Equal Employment Opportunity. A. City Attorney shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. B. City Attorney will, in all solicitations or advertisements for employees placed by or on behalf of City Attorney state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. City Attorney will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment. City Attorney shall not assign or transfer any interest in this Agreement nor the performance of any of City Attorney's obligations hereunder, without the prior written consent of City, and any attempt by City Attorney to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Performance Evaluation. A written annual administrative performance evaluation shall be required within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The performance indicators stated in Exhibit A and the work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either Page 9 193132.2 LY020-QOl orally or in writing, shall be considered. City shall meet with City Attorney prior to preparing the written report. Although City may consider this performance evaluation as a factor in determining whether or not to continue or terminate the City Attorney Legal Services Agreement, consideration of the performance evaluation report in the rendering ofthis determination, shall not constitute a requirement that cause or any other reason exists or be stated as a basis for termination of the Agreement by the City 14. Compliance with Laws. City Attorney shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The City Attorney shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of City Attorney to comply with this Section. 15. Licenses. At all times during the term ofthis Agreement, City Attorney shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder. 16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of anyone or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to City Attorney constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of City Attorney, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its reasonable attorney's fees and costs, including, but not limited to, costs of expert witnesses. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during City Attorney's regular business hours or by facsimile before or during City Attorney's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Severability. If any provision or any part of any provision of this Agreement is found Page 10 193132.2 LY020~OOl to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City Attorney and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf ofthe City will only be valid if signed by the Mayor and attested by the City Clerk. 23. Authority. The person or persons executing this Agreement on behalf of City Attorney warrants and represents that he/she has the authority to execute this Agreement on behalf of the City Attorney and has the authority to bind City Attorney to the performance of its obligations hereunder. Page 11 193132.2 LY020-001 II AGENDA STAFF REPORT Date: To: Approved By: Prepared By: October 3,2006 Honorable Mayor and Members of tt#~~ncil N. Enrique Martinez, City Managev/~l/ /' Autra C. Adams, Int. Dir. Recreation & Community Services ~ Rozie Carrillo, Recreation Superintendent II Subject: Request for Special Permit: Harris Avenue - Neighborhood Meeting Recommendation: Staff recommends that the City Council approve the street closure for this Neighborhood meeting with a waiver of permit fees for the street closure. Background: A request was made by a resident of Harris Avenue to close a portion of Harris Avenue, (between Josephine and Agnes) to conduct a Neighborhood Meeting on Saturday, October 14, 2006 from 5:00-8:00 p.m. Discussion & Analysis: The applicant is requesting a street closure to conduct a Neighborhood Meeting. The usage of tables and chairs along with a fee waiver for any cost associated with the street closure is being requested. As a practice, the City Council has waived the street closure fee for Block Watch events. Conditions: · Sheriff's Department - The Sheriff's Department did not impose any conditions on this request. . Fire Department - The Fire Department is requiring an emergency lane to be maintained and no fire hydrants may be blocked. · Public Works - The area included in the street closure must be fully cleaned of all debris by the applicant. OPTIONS FOR COUNCIL CONSIDERATION 1. Approve the street closure for this Neighborhood Meeting with no waiver of permit fees. 2. Approve the street closure for this Neighborhood Meeting with a waiver of permit fees. 3. Deny this request. AGENDA ITEM 12- Fiscal Impact: The special permit fee for a street closure is $254. The City will not realize this revenue if the fee is waived. Coordinated With: LA County Sheriff's Department, LA County Fire Department, Public Works Department, Finance Department and City Attorney's Office Attachments: Application for Special Permit l/6i ro2- j . v.J'1>'L~ (A...-.rll...-< ',//iJ' ,(! ':.....__f--.-l!!ri. l . APPLICATION FOR SPECIAL PERMIT CITY rJF l "(1'1\/\lC,I':::ll~' 11330 BULLIS F:'JfiD L Yf\.JWOO[1 (:J:; 9026::: 310-S03-02::'C; APPLICANT INFORMATION: NAME~~~b COLO ADDRESS ~ i)tY.5' /h~ ~}b~ ;PdRr'~ --~---- PHONE:;Vb! -~6J .;/- J?66:Z CI7l/titJ{t ZIP 9''{)~~ OCCUPATION NUMBER OF PERSONS EMPLOYEO' SBE: (State Board of Equall:2:a(lon I'lumb"rl EVENT INFORMATION TYPE OF PERMIT REQUESTED: ')J) 0, 7i F DATE(S) OF EVENT //J -/</-f) h ;;;'/1-71: HOURS OF OPERATION {jp- 5? ADDRESS OF PROPOSED EVENT LOCATION~~, kz-: ~Jt:i;;')ahi)p ~ +e5i SPECIFIC AREA DESIGNATED FOR EVENT IS STREET CLOSURE BEING REQUESTED ~ NO (IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE:) (CIR.CLE ONE) IF INDOORS. APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? YES ~ IF YES. WHERE AND WHEN IS THIS A FOR~PROFIT OR~VENT? (CIRCLE ONE) IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT ,L\ NON-PROFIT AGENCY OR ORGAN'lZATION. PLEASE PROVIDE THE FOLLOWING NAME OF ORGANIZATION BEING BENEFITED STATE NON~PROF'T NUMBER ADDRESS OF ORGANlZA nON: IS A WAIVER OF FEES BEING REQUESTED: IF YES, EXPLAIN PHONE @'; NO .~ A NEGOTiATED PERCEt"'~"TAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITl SIGNATURE OF APPLICANT DATE ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOES NOT IMPLY APPROVAL THIS PERMIT REQUIRES CITY COUNCIL APPROVAL YOU WILL BE NOTIFIED ACCORDINGLY FOR CITY USE ONLY CITY CLERK CONFLICT WITH PRIOR APPROVED EVENTS IF CONFLICTS EXIST, DESCRIBE YES 1'.10 EVENT DATE APPLICANT FIRE DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS:/CON01TJONS FOR APPROVAl: SIGNATURE DATE SHERIFF'S DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS:/CONDIT10NS FOR APPROVAL SIGNATURE DATE PUBLIC WORKS APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS;/COND1TIONS FOR APPROVAl: SIGNATURE DATE COMM. DEV. DEPT. APPROVED/NO CONDITIONS APPROVED WITH CONDITION,<=;; COMMENTS:/CONDITIONS FOR APPROVAl: SIGNATURE DATE RECREATION DEPT. APPROVED/NO COI\.DITIONS APPROVED WITH CONDITIONS: COMMENTS:/CONDITIONS FOR APPROVAL SIGNA lURE DATE APPROVED/DENJED BY CITY COUNCIL ON APPLICANT NOTIFIED: - AGENDA STAFF REPORT DATE: October 3, 2006 PREPARED BY: The Honorable Mayor and Members >>7dJuncil N. Enrique Martinez, City Managw~/$ (Ji Marianna Marysheva, Assistant City Manager -- Finane . G. Daniel Ojeda, Director of Public Works/City Enginee b.1), 0 . Patricia Tarin, Financial Analyst TO: APPROVED BY: SUBJECT: Reappropriation of Unallocated Bond Proceeds for Capital Projects Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING THE REAPPROPRIATION OF UNALLOCATED BOND PROCEEDS FOR SPECIFIED CAPITAL IMPROVEMENT PROJECTS. " Background: Since 1995 the City of Lynwood, through the Lynwood Public Financing Authority and the Lynwood Utility Authority, has issued certain revenue bonds to be used for a variety of capital improvement projects. Some of the bond proceeds remain unallocated and must be used to avoid deobligation. At the same time, the needs for additional funding exist among previously approved capital improvement projects, which are eligible for the bond funding. After the proposed allocation, all the Bond Proceeds for each of the identified issues will have been completely allocated and no proceeds will remain for further allocations. Discussion & Analysis: Staff reviewed the City's Bond funds and identified proceeds that have not been used. A detailed review table is presented in Attachment "B". The detailed breakdown of the proposed appropriation is presented in Attachment "A". AGENDA ITEM 13 Fiscal Impact: Funding for the proposed appropriations will come from the previously approved but unallocated bond proceeds. Coordinated with: City Manager's Office and City Attorney Attachments: "A" - Proposed Appropriation Detail "B" - CIP Bond Summary Report RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING THE REAPPROPRIATION OF UNALLOCATED BOND PROCEEDS FOR SPECIFIED CAPITAL IMPROVEMENT PROJECTS. WHEREAS, the Lynwood Public Financing Authority and the Lynwood Utility Authority issues a number of revenue bonds in 1995, 1999, and 2003; and WHEREAS, certain funds from the previously issued bonds remain unallocated and must be used; and WHEREAS, previously approved capital improvement projects have been identified as needing additional funding and eligible for the bond funds. NOW THEREFORE, the City Council of the City of Lynwood does hereby find, order, and resolve as follows: Section 1. That the unallocated bond proceeds be appropriated as specified in Attachment "A". Section 2. That the City Manager or his designee is authorized to make any budget transfers, or take the steps necessary to appropriate the above funds. Section 3. That this resolution shall become effective immediately upon its adoption. PASSED, APPROVED, and ADOPTED this 2006. day of Leticia Vasquez, Mayor City of Lynwood ATTEST: Andrea L. Hooper, City Clerk City of Lynwood N. Enrique Martinez City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney G. Daniel Ojeda, P.E. City of Lynwood Director of Public Works! City Engineer STATE OF CALIFORNiA ) ) SS. ) COUNTY OF LOS ANGELES i, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the day of , 2006, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) i, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2006. City Clerk, City of Lynwood Attachment A -- Proposed Appropriation Detail . .... .... ....... ...........\ ...llJJ~!~r!:lJ~.\'l~R~ ,0'" ..i.... iFlIOdN&." (i.:1'llil.~.111~9!111IIQ!llIte!1 .1l!14!!!Hm.~~.~.'"',,,..., ~()ncfl)~l!lcriptiP!1' ...., ~ liI11tlloce A,pprQPFiat~'Fi.l"~.." Lynwood Public Finance Authority 1999 Revenue An nex Rehabiliation Bonds 45 $ 663.091 (Project No. 1189) Revenues Bond Payable (Water Fund) 1995 Water Well Construction Series A 53 $ 12,308 (Project No. 5185) Revenues Bond Payable Water Main (Water Fund) 1999 Replacement - Abbott Series A 61 $ 843,394 Street (Project No. 5300) Lynwood Utility Authority 2003 Enterprise Revenue Bonds 82 $ 97,405 City Hall ADA (5301) Lynwood Utility Authority 2003 Enterprise City Hall Expansion Revenue Bonds 82 $ 250,000 (5298) *Lynwood Public Authority 2003 Lease Revenue Refunding City Hall Expansion Bonds Series A & B 83 $ 16,118 (Project No. 5298) $ 1,882,316 *NOTE: $82,277 was appropriated to Records Retention on September 19 Council Meeting. 00 u . . u o 0: u c o '" o . 00 :J I ;<- ro E E o <n "- (3 iri " . 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M ~ rn ro ll. ~ ~ ... .; ... ... " c o o o , ro a. " S ro '" a. E a. a. .. 5~ co ~55 ~1ii u c .!!;.2 ~~. DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: AGENDA STAFF REPORT October 3, 2006 Honorable Mayor & City Council Me1}'er JI) N. Enrique Martinez, City Managey ~J:-~- Autra C. Adams, In!. Dir. Recreation & Community Services ~ Mark Flores, Administrative Analyst II Title II Formula Grant Application Recommendation: Staff recommends that the Council adopt the attached resolution entitled, "A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING THE APPLICATION FOR FEDERAL GRANT FUNDS AVAILABLE THROUGH THE TITLE II FORMULA GRANTS PROGRAM". Background: The State of California Corrections Standards Authority (CSA) recently announced the release of the Title II Formula Grants Program. Funds made available through this program support delinquency preventionlintervention efforts designed to curb juvenile crime and delinquency. The grants available are for a 12-month period scheduled to begin April 1, 2007. The complete grant application is due prior to October 17, 2006. The possibility of funding for two additional years exists if Congress appropriates the funds and the approved project has demonstrated effectiveness. Discussion & Analysis: The Recreation Department is preparing an application proposing a comprehensive gang prevention & intervention program for local youth under the age of 18. The program will be based at different sites throughout the City and will use the assistance & resources of the Lynwood Unified School District (LUSD), the Sheriffs Department and local Community Based Organizations (CBO's). Each applicant is required to submit a resolution from the governing body that approves the development of an application, authorizes an application signor and expresses its desire to abide by program statutes and regulations. AGENDA ITEM ;'f Proqram Concept The proposed program will apply for funding under the "Gangs - Prevention & Intervention" Eligible Program Purpose Area. The program currently being developed features the following: · Operates Monday - Friday from 2:45 to 6:30 pm during the traditional school year with a revised schedule for special weekend/holiday activities and a summer session. The new program will be an enhancement of the City's current After School Program. · (5) PIT Case Managers will be hired to track, manage and record the academic and program progress of youth participants. The additional staffing will only be retained during the grant period. · Program will be hosted at 5 school sites with approximately 20 tracked, youth participants each (total of 100 tracked youth) and approximately 300 drop-in participants. · Program participants will be selected through recommendations from school administration, law enforcement & local CBO's. · Selected youth will be required to participate in their selection of three types of classes/workshops throughout the term of the program. First youth participants will be required to participate in one of various classes/workshops that will deal with the cause and/or prevention of gang activities. Secondly, they will be required to participate in one of various skills development classes (Le. career/education/trade planning). Finally, they will be required to participate in one of various alternative activity classes (Le. performing/creative arts, sports, etc.) · Various rewards and positive reinforcements will be awarded to program youth for successful progress (Le. field trips, awards, etc.) Program Partners Potential program partners and their roles: · LUSD - Provide school sites for the program and gang prevention and intervention resources. . LA County Sheriff's Dept - Provide gang preventionlintervention resources as well as positive interaction with law enforcement. · LA County Probation - Provide gang preventionlintervention resources as well as positive interaction with law enforcement. . Drive-By Agony - Provide "Straight Talk About Violence" curriculum . Resurrection of Life/Truevine Community Churches - Provide program instruction space and various anti-gang resources. Fiscal Impact: It is anticipated that our program will apply for funding in the $250,000 to $300,000 range for support of a one-year program. There is no agency match required. If the City is successfully awarded the Title II Grant, staff will return to the City Council to have grant funding appropriated into the budget. Coordinated With: Finance Department, City Attorney's Office, Lynwood Unified School District RESOLUTION NO. A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING THE APPLICATION FOR FEDERAL GRANT FUNDS AVAILABLE THROUGH THE TITLE II FORMULA GRANTS PROGRAM WHEREAS, the City of Lynwood desires to receive and use federal grant funds available through the Title II Formula Grants Program administered by the State of California Corrections Standards Authority (CSA); and WHEREAS, if awarded a grant, the City of Lynwood agrees to abide by the statutes and regulations governing the Title II Formula Grants Program as well as the terms and conditions of the Grant Agreement as set forth by the CSA; and WHEREAS, the City of Lynwood also agrees that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. NOW, THEREFORE, THE CITY OF L YNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Manager or his designee is authorized to sign and submit the Title II Formula Grants application, and if awarded a grant, he is authorized to sign the Grant Agreement with the CSA, including any amendment thereof, and oversee the expenditure of grant funds in accordance with the grant conditions. Section 2. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 2006. day of Leticia Vasquez, Mayor ATTEST: Andrea L. Hooper, City Clerk N. Enrique Martinez City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: J. Arnoldo Beltran City Attorney Autra C. Adams, Int. Director Recreation & Community Services Department AGENDA STAFF REPORT DATE: TO: FROM: SUBJECT: October 3, 2006 Honorable Mayor and Coun,{tMembers Andrea L. Hooper, City Cle~ Commissions and Boards . At Councils regular meeting of September 19, 2006 the Council nominated the following (see attached memo). Council requested the commission/board list be returned for further review and nominations. Council Member Pedroza nominated Sylvia Herron to the Lynwood Women's Commission and Arselia Villanueva to Personnel. Left open were: Traffic & Parking Parks & Recreation Public Safety Planning Commission CDBG Community Affairs Youth Commission Mayor Pro Tem Johnson nominated Mary Sue Lewis to Lynwood Women's Commission, Julio Mendoza to Parks & Recreation, James Morton to Public Safety, Adolph Lopez to Community Affairs and Alex Landeros to Traffic and Parking commission. Left open were: Personnel Board Planning Commission Community Development Advisory Board Youth Commission The following are interested in the Youth Commission. Currently there are nine active youth commissioners. Openings for four: AGENDA ITEM IS Jaime Flores Mayanin Amezcua De Leon Meria Berlin Rowland Jessica Tapia Lizzet Gamboa was unable to be reached by phone Kevin Sanchez was unable to be reached by phone New application submitted on September 26, 2006 Sarah Hacket - for Lynwood Women's Commission Lvnwood Women's Margaret Araujo - Byrd Sylvia Herron - Pedroza Mary Sue Lewis - Johnson Ethel Pacheco - Santillan Dorothy Palmer Jones - Vasquez Personnel Barbara Battle - Vasquez Maria Quinonez - Santillan Paulette Bradley - Byrd Arselia Villanueva - Pedroza Open Johnson Traffic Irene Garcia - Vasquez Pearline Calderon - Byrd Alex Landeros - Johnson Joaquin Mesinas - Santillan Open Pedroza Parks & Recreation Bette Espeseth - Byrd Julio Mendoza - Johnson Lorene Reed - Vasquez Daniel Salazar - Santillan Open Pedroza Public Safety Frank Calderon - Vasquez Dion Cornelious - Santillan Lorna Hawkins - Byrd Jim Morton - Johnson Open Pedroza Planninq Lourdes Ramirez - Vasquez Kenneth West - Santillan Rita Patel - Byrd Open Pedroza Open Johnson 2 extra Vasquez - Bill Younger and Zelda Hutchinson CDBG Patricia Carr - Byrd Sylvia Ortiz - Santillan Martha Saldana - Vasquez Open Pedroza Open Johnson Community Affairs Joyce Edner - Byrd Adolph Lopez - Johnson Margie Harper - Vasquez Carlos Malapaz - Santillan Open Pedroza By general consent the Council directed all Commissions/Boards to begin their new term as of November 1, 2006. Recommendation After Council review appointment by motion the nominated Commissioners to their respective Commissions and Boards Name Lvnwood Women's Commissions Margaret Araujo Sylvia Herron Mary Sue Lewis Ethel Pacheco Personnel Board Robert Robinson Barbara Battle Maria Quinonez Paulette Bradley Arselia Villanueva Traffic and Parkino Irene Garcia John Beimer Pearline Calderon Rod White requested other commission Parks and Recreation Bette Espeseth Lucy Hernandez Oscar Flores Julio Mendoza Charles Wood Lorene Reed Public Safetv Commission Frank Calderon Dion Cornelious Zelda Hutchinson Lorna Hawkins - no app. returned Planninq Commission Lourdes Ramirez Carlos Manlapaz Kenneth West Victor Gomez Jim Morton Rita Patel Juan Enciso CDBG Advisorv Joe Battle Aide Castro Patricia Carr Sylvia Ortiz Joanette Gutierrez Martha Saldana Appointed by App. Received Byrd Pedroza Vasquez Santillan Vasquez Vasquez Santillan Byrd Vasquez Vasquez Pedroza Pedroza Byrd Rodriguez Pedroza Byrd Rodriguez Vasquez Vasquez Santillan Byrd Vasquez Santillan Rodriguez Pedroza Rodriguez Byrd Pedroza Byrd Ped roza Byrd Santillan Rodriguez Vasquez 7/26/06 8/8/06 8/21/06 7/26/06 7/26/06 7/24/06 9/7/06 8/14/06 9/7/06 7/25/06 7/27/06 7/25/06 7/25/06 8/17/06 7/26/06 7/26/06 7/20/06 9/7/06 7/25/06 7/31/06 7/31/06 7/31/06 8/1/06 8/15/06 8/8/06 7/24/06 8/14/06 7/24/06 7/24/06 8/16/06 9/5/06 9/5/06 8/8/06 9/6/06 Della Maziotti - 3 absences is off per Ord. No app. for Helen Anderson Manny Perez- resigned Guillermo Ramirez resigned Dale Jones - 3 absences is off per Ord. Sal Alatorre - resigned Gerardo Reyes - resigned Mr. Cornelius and Ms. Hutchinson want to be considered for other commissions Joanette Gutierrez wants another commission appt. William Araujo wants another commission appt. Communitv Affairs Commission Joyce Edner Gloria Garcia Adolph Lopez Sue Amicone Byrd Pedroza Pedroza resigned 7/27/06 7/26/06 8/17/06 Katherine Amey - no app. Georgi McKenny - no app. Esperanza Ramirez - resigned Edner and Garcia consideration other commissions Youth Commission All applicants want to be reappointed Claudia Figueroa, Kimberly Jacinto, Aaron Lopez, Chery Pena, Candice Estrada, Richard Esparza, Kathleen Merza, Cynthia Gutierrez, Edwin Jacinto. Veteran Affairs Council Open to all veterans living in Lynwood Applications of persons who want to be considered for appointment to other commissions Rod White from Traffic to Planning Commission and/or CDBG William Araujo from CDBG to Planning Commission Gloria Garcia from Community Affairs to CDBG John Beimer from Traffic to Planning Joyce Edner from Community Affairs to Women's Commission Zelda Hutchinson from Public Safety to Planning Dion Cornelious from Public Safety to Planning Joanette Gutierrez from CDBG to Public Safety Irene Garcia from Traffic to Public Safety and/or CDBG Manny Perez resigned Traffic to Recreation New Applicants Dorothy Plummer Jones - Lynwood Women's Commission Tamara Ferguson - Recreation Alfred Carrera - Recreation Mayan Leon Amezcua - Youth Commission Billy Younger - CDBG, Public Safety, Planning, Traffic & Parking Anastasia Ventura - Lynwood Women's Daniel Salazar - Recreation and Parks Margie Harper - Community Affairs, Lynwood Women's, Planning Martha Abrams White - CDBG Jaime Flores - Youth Commission Jessica Tapia - Youth Commission Lizzet Gamboa - Youth Commission Kevin Sanchez - Youth Commission Mireia Rowland - Youth Commission Resiqnation Letters: Manny Perez - Traffic and Parking Gerardo Reyes - Public Safety Sal Alatorre - Public Safety DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: AGENDA STAFF REPORT October 3, 2006 Honorable Mayor & City Council MefP%Ji) N. Enrique Martinez, City ManageI' /~/P J. Arnoldo Beltran, City Attorney Autra C. Adams, Int Dir. Recreation/Asst. to City Mgr (}..111-- Adoption of an Ordinance to govern the pursuit of grant funding, and the solicitation of gifts and donations to the City. Recommendation: Staff recommends that the City Council introduce for first reading by title only the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF L YNWOOD ADDING SECTION 6-7 TO THE L YNWOOD MUNICIPAL CODE ESTABLISHING A POLICY GOVERNING GRANTS, DONATIONS AND GIFTS TO THE CITY AND CONDITIONS OF ACCEPTANCE THEREFOR, DELEGATING LIMITED AUTHORITY TO CITY STAFF TO SOLICIT AND ACCEPT GRANTS, DONATIONS AND GIFTS, AND PROVIDING FOR ESTABLISHMENT OF ADMINISTRATIVE GUIDELINES TO GOVERN DISPOSITION THEREOF." Background: Council has requested that an ordinance governing the pursuit of grant funding by the City as well as gifts and donations be prepared for consideration. Initial input on the draft was received from the Legislative Ad Hoc Committee. Discussion & Analysis: The proposed ordinance adds a new section to the Lynwood Municipal Code to govern the pursuit of grant funding as well as gifts and donations for City programs. The ordinance permits the solicitation of grant funds, gifts and donations without the City Council's approval when the amounts accepted for specific programs are each $15,000 or less on an annual basis, or when the expenditure of the same is involved. Administrative procedures will be prepared once the final approval from the AGENDA Council is obtained for the ordinance. ITEM liP Fiscal Impact: Adoption of the ordinance alone will not result in any cost to the City. It is expected that implementation of the policy set out in the ordinance will result in the procurement of additional resources for the City. Coordinated With: Finance Department, City Manager's Office, City Attorney, Recreation & Community Services ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF L YNWOOD ADDING SECTION 6-7 TO THE L YNWOOD MUNICIPAL CODE ESTABLISHING A POLICY GOVERNING GRANTS, DONATIONS AND GIFTS TO THE CITY AND CONDITIONS OF ACCEPTANCE THEREFOR, DELEGATING LIMITED AUTHORITY TO CITY STAFF TO SOLICIT AND ACCEPT GRANTS, DONATIONS AND GIFTS, AND PROVIDING FOR ESTABLISHMENT OF ADMINISTRATIVE GUIDELINES TO GOVERN DISPOSITION THEREOF WHEREAS, Government Code S37354 permits the City Council of a City to accept or reject any gift, bequest or devise made to or for the City, or to or for any of its officers in their official capacity or in trust for any public purpose, and further empowers a City Council to hold and dispose of such property and the income and increase from same for such uses as are prescribed in the terms of the gift, bequest, or devise; and WHEREAS, If the terms of a gift, bequest, or devise do not prescribe or limit the uses to which the property received or the income or increase from it may be put, Government Code S37355 permits a City Council to put such gift, bequest or devise, or the income or increase from its use to such uses as a City Council may prescribe; WHEREAS, the administration of the City's programs occasionally provides opportunities for the City to receive gifts or donations of property and income; and WHEREAS, the City Council wishes to establish a policy setting forth the circumstances under which contributions may be either solicited and accepted; or, if unsolicited, accepted; and WHEREAS, the experience of the City is that contributions are made under a variety of circumstances including those received with restrictions as to their use and, in other cases, unrestricted as to their use and purpose; and WHEREAS, the timely use of contributions and the handling of the same is a critical component of a program involving contributions, and the City wishes to encourage administration of City programs that occasional provide opportunities to receive gifts or donations of property and income; and WHEREAS, the City Council further wishes to provide for the effective and legally sufficient means to abide by Donor intentions without compromising the City's ability to manage resources and deliver services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF L YNWOOD DOES HEREBY ORDAIN AS FOLLOWS: 1 Section 1: Section 6-7 is hereby added to the Lynwood Municipal Code to read as follows: 6-7.1 Definitions "Donation or Donations" means presentation by third parties of any tangible or intangible asset including Gifts, in whatever condition, the City is prepared to accept pursuant to the policy set forth herein and administrative guidelines promulgated pursuant to this Ordinance. City. "Donor" means an individual or legal entity making a Gift or Donation to the "Gift or Gifts" means the voluntary transfer of property, real or personal, including money or marketable securities, from a third party to the City or any of the City's Departments or constituent entities such as the Lynwood Information, Inc. or the Lynwood Public Finance Authority. "Grant" means funding provided by third parties, public and private entities, available to the City through an application process, and when applied for pursuant to City Council authorizations, and funded by the party offering the grant, permits the City to spend the approved funding under conditions set forth in the grant program application or established by the funding source. "Intended Use"" when applied to Gifts or Donation means the direction or limitation placed upon a Gift or Donation Donor which the City must agree to as a condition of acceptance and use of the Gift or Donation. "Restricted Account" means the account or accounts into which the City deposits the Gift or Donation. "Restrictions" means the condition or conditions placed upon a Gift or Donation by the Donor and/or any limitation on the use of a Gift or Donation to the City placed on said item by the Donor that impairs the ability of the City to dispose of or use the Gift or Donation in any manner it determines appropriate. "Segregation of Funds" means the City's record-keeping means and management program that will maintain as separately identifiable the Gifts or Donations until their use by the City. 6-7.2 Purpose. The City Council of the City of Lynwood hereby finds that there are individuals and entities willing to make resources available to the City to provide for the delivery of programs or services to its residents. When made available to the City, such resources enhance the City's ability to serve the needs of its residents and businesses alike. The clear and transparent management of Gifts or Donations serves to encourage Donors' continued participation in charitable endeavors. To provide for the effective management of such resources and encourage the contributions of the same 2 to the City, the City hereby adopts the policy set forth in this Ordinance. 6-7.3 Solicitation of Gifts or Donations. a. There shall be no solicitation of Gifts or Donations by any City staff except pursuant to the following guidelines: 1. Solicitations for Gifts or Donations may be made only by Department Directors or their designated staff. 2. Solicitations for Gifts or Donations may only be made for specials programs or functions administered by the Department making the solicitation. No solicitation shall be made by the City for Gifts or Donations intended to benefit a single individual. 3. Department Directors may not authorize staff or engage in solicitation for Gifts and Donations without prior notification and authorization from the City Manager. b) All solicitations must comply with the City's administrative guidelines to be promulgated by the City Manager following the adoption of this Ordinance and in advance of any solicitation or acceptance of Gifts or Donations authorized by this Ordinance. 6-7.4 Acceptance of Gifts and Donations. a. Gifts or Donations provided to the City free of any restrictions may be accepted by City employees authorized by their Department Directors to do so provided the Gifts or Donations are not restricted in any way or, if restricted, the restriction on the use of the Gifts or Donations is limited to the intended use for which the solicitations was made pursuant to a City Council approved program. b. All funds accepted by the City as a result of solicitation for Gifts or Donations shall be deposited into a Restricted Account in the City Treasury. At all times there shall be Segregation of Funds pursuant to administrative guidelines providing that any limitation on or of use of received funds will be met and such compliance will be verifiable. c. Unrestricted Gifts or Donations in any amount designated for specific programs established by Council action shall not require further action by Council for acceptance. Notwithstanding the foregoing, Gifts or Donations of real property or any estate in real property may only be accepted pursuant to applicable state law, including but not limited to, the requirement of a resolution of acceptance passed by the legislative body pursuant to Govemment Code section 27281. d. The City Council shall receive quarterly reports from the City Manager or his/her designee on all Gifts or Donations received. Such reports shall contain the following information: 1. The amount of each gift or donation and the date of receipt; 3 2. The name of the Department Director or Designee who solicited the gift or donation; 3. The name of the donor; 4. An explanation of any restrictions placed on the gift or donation or the expenditure or allocation of the funds and increases derived therefrom, and compliance, if any should be required, with conditions or restrictions on the funds received; 5. Such other information as the City may prescribe in its administrative guidelines. 6-7.5 ALLOCATION, EXPENDITURE AND USE OF FUNDS No action by the City Council shall be required for the allocation, expenditure or use of Gifts or Donations provided the same are used for the purpose designated by the Donor, and the total amount of funds in question for a specific program does not exceed Fifteen Thousand Dollars ($15,000) in anyone fiscal year. In the event the proposed total of funds to be allocated and spent exceeds Fifteen Thousand Dollars ($15,000) in anyone fiscal year, the proposed allocation or expenditure of funds shall be presented to the City Council for action. 6-7.6 GRANT FUNDING The City may apply for funding from any type of available grant. The City Manager or his designee shall approve applications for grants in all instances except in cases where the grant conditions require City Council approval before presenting the grant application to the funding source. Use of grant funds shall be at all times consistent with funding conditions and shall be done under the supeNision and direction of the City Manager except in cases where the conditions of the grant require City Council approval before the funds may be used. In cases involving the allocation of more than Fifteen Thousand Dollars ($15,000) for a program in anyone fiscal year, City Council approval must be had prior to the use of the funds in question. Section 2: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3: This ordinance shall take effect thirty (30) days after its final passage. Section 4: The City Clerk of the City of Lynwood is hereby directed to certify to the 4 passage and adoption of this Ordinance and to cause it to be published as required by law. First read at a regular meeting of the City Council held on the day of , 2006 and adopted and ordered published at a regular meeting of said Council held on the day of ,2006. Leticia Vasquez, Mayor City of Lynwood ATTEST: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: J. Arnoldo Beltran, City Attorney 5 AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: October 3, 2006 ~~ Honorable Mayor & City Council Me N. Enrique Martinez, City Manager " /1 ~ A. Autra C. Adams, Int. Dir. - Recre Ion & Community Svcs. ~'- Kenneth Khan, Senior & Social Services Manager SUBJECT: Senior Center Sculpture Update Recommendation: Staff recommends that the City Council receive an update from staff on the status of the sculpture. Background: At the June 6 City Council Meeting, the proposed bronze sculpture for the Senior Center by Camilo Ramirez was presented for Council consideration. Staff was directed to convene another meeting of the Senior Center committee and provide the committee with alternative sculptures and artists for their consideration. In response to this direction, staff contacted a number of artists requesting sample artwork of sculptures prepared in the past and requested the artists to submit concepts and costs for the Lynwood Senior Center. After receiving a response from two additional artists, staff held a meeting with the Senior Center Advisory Committee. The presentation took place on August 22, 2006. Twelve committee members attended the meeting. Discussion & Analysis: During the presentation staff showcased sketches and models of sculptures by a total of three artists. In addition to the materials provided by the two new artists, the original artist also submitted two alternatives for consideration. Members were also given the approximate costs for the sculptures which ranged from $40,000 to $125,000. The committee was also informed that the items presented were simply concepts and that if they decided which artist they preferred to design the sculpture, the final art piece could be designed in conjunction with the committee. After the presentation and discussion amongst the committee members, a motion was made from the floor to forgo a bronze sculpture and have a water feature on the patio as the committee had originally requested. All committee members present voted in favor of this motion. The committee further requested that staff AGENDA ITEM /7 research if the original "wall of water" requested was included in the design concept for the center and for staff to look into options for a simple water feature. A follow-up meeting with the committee took place on September 27, 2006. At this meeting, the committee selected a company that they would like to work with in designing a water feature, Rock Water Designs. A tentative date of October 9 was set for a site tour to select the exact location of the water feature and meet with the company. Fiscal Impact: The fiscal impact for this project is currently unknown, and will depend on what type of water feature is recommended by committee members and approved by the City Council. This element was not included in the construction budget for the Senior Center and will ultimately require a funding appropriation. The Art in Public Places fund is one potential funding source. Coordinated With: Finance Department Public Works Department City Attorney's Office II AGENDA STAFF REPORT PREPARED BY: October 3, 2006 Honorable Mayor & City Council Members N. Enrique Martinez, City Manage/l;::$ Deborah L. Jackson, Director of Quality of Life services~ PILOT PROGRAM - CIVILIAN OBSERVER PROGRAM DATE: TO: APPROVED BY: SUBJECT: Recommendation: Staff recommends that the City Council review the request and direct staff accordingly. Background: At the request of a Council Member the attached proposal for a pilot program for a Civilian Observer Program is attached for Council consideration. Fiscal Impact: The fiscal impact is unknown at this time. There are potential revenues to the City (i.e. fines, citations) and potential costs associated with staff time required to establish and implement the program and/or hiring a consultant. Coordinated With: City Attorney's Office Finance Department Sheriffs Department AGENDA ITEM.1 O.3.06.CIVILlAN OBSERVER PROGRAM AGENDA ITEM I~ Proposed pilot program. The proposal for this program is being brought forward as a PILOT PROGRAM only. The proposed program would be for three weeks only and would utilize volunteers as observers. There would be no pay for the volunteers for the length of time the pilot program was in use. This would allow the City Council to view the results of the pilot program and determine if a more permanent program should be pursued. GOAL: The Goal established: To find a way to slow or stop crime in the City of Lynwood. The identified problem was street crimes or other crimes in the City of Lynwood. The correct scale was prepared and the following is a suggestion from the City Council's consultant as to one possible solution to the problem and how the goal might be assisted in being achieved. Crimes, which could be called street crimes, such as graffiti or tagging, dumping of construction waste and refuse by contractors, prostitution or more correctly, streetwalking on Lynwood's streets, drug trafficking on Lynwood's streets and locations where customers purchase drugs from dealers along the city's streets, are just some of the crimes addressed by this proposal. Other crimes were mentioned, specifically, murder, rape and child molestation. These more serious crimes would need to be addressed by the standard police methods because of the training and experience those who investigate such crimes must have received. For the purpose of this proposal, the crimes of murder, rape and child molestation are NOT considered "Street Crimes." The problems found in combating the above types of street crimes are multiple. Standard policing procedures can be and are effective in keeping such crimes in check when the law enforcement officers can physically be present. PURPOSE: The Purpose of this project is to Improve the quality of life of the citizens of Lynwood, to establish in the minds of those who commit suc~. crimes that it is better NOT to commit those crimes in Lynwood and finally to lower the crime statistics of Lynwood dramatically. The Data to Hand: The street crimes, which plague not only Lynwood but other cities as well, are difficult to control. Normal police patrols, by their very nature, have a difficult time preventing such crimes unless those crimes are stumbled upon by law enforcement officers or unless information comes from a reliable snitch. When those who are committing the crimes described above see a patrol car approaching, they simply stop their illegal activity. The markings on police and sheriff's cars, along with the light bars on the tops of the roofs of such patrol cars, make them easily seen by those engaging in tagging, dumping and prostitution, which stops for the time being. Drug packages are tossed into bushes and such trafficking ceases until the patrol car has moved away. There is probably not one City Council Member in Lynwood who has not being either called or approached by a resident complaining about one of the above crimes and requesting that some action be taken to deter such crimes from happening in front of their homes and children or that ask to find someway to stop the ever present graffiti which appears over and over again in the same locations. Spraying over graffiti does not stop it. A newly painted wall, which removed the previous graffiti, only emboldens those who will then return and engage in tagging the clean wall again to reclaim their territory. There might be an alternative, which would address all of the problems and crimes discussed above and which would be very effective in combating those crimes. There is also the very real possibility that such an activity could be brought into existence and operated at a level where that activity could produce revenue for the City of Lynwood, rather than draining the city of its tax dollars. As discussed below, there is the possibility that such an activity could ultimately produce revenue, which would be greater than the expenses it takes to operate such a service. What is being proposed here is in no way an alternative for a police department. Lynwood is patrolled by the Sheriff's Department and other than the crimes listed above it would need to be a police officer or sheriff's deputy that investigated all crimes and made arrests, including the crimes listed above. This pmposal sets forth an activity, which very well could assist the Sheriff's Department with the crimes listed herein. Such assistance to the sheriff's department would be conducted in following the City of Lynwood's City Council's wishes to combat crime in Lynwood with every means at their disposal and which is constrained only by the budget restrictions the city must follow to remain fiscally responsible to its residents. The Proposed Solution: 2 The solution being proposed is called CIVILIAN OBSERVERS OF AMERICATM(Q Civilian Observers of America is NOT a police agency or even a security guard service. It is a service, which could provide hidden observers (Normally in a van with windows), which merely observes and reports illegal activities to their central desk, which in turn reports the crime being committed at that moment to the sheriff's department. Proe:rams: A Proe:ram is series of steps in seQuence to carry out a plan Civilian Observers of American or COA would be made up of civilians, especially trained to do nothing but observe and report. They would be eye witnesses to crimes being committed in Lynwood and with the proper training would make very good witnesses. The placement of a nondescript looking van at those locations known to have crimes such as graffiti or tagging, prostitution, drug dealing and illegal dumping, taking place at those locations, results in the two Civilian Observers being in a position to actually observe the crime or crimes being committed. Civilian Observers do not get out of their vehicle, EVER. The FIRST RULE of Civilian Observers of America is, "DO NOT GET OUT OF THE VEHICLE." In their training this rule would be emphasized repeatedly to the future Civilian Observers, or C.O.s Civilian Observers would be trained in the use of cameras with high speed film, which would allow for the taking of photographs in low light or night settings. Pictures could capture the license plate numbers of illegal dumpers. It would record drug selling happing when it happens. It would also capture the people involved in drug trafficking and along with the two eye witnesses in the van, it would provide nearly iron clad cases for the successful prosecution of those guilty of the crimes mentioned here. Projects: A project is a seQuence of steps written to carry out one step of a proe:ram. Civilian Observers would also be equipped with binoculars, which would assist with their night vision by amplifying the ambient light available at night. It would also assist them in making identification of suspects much easier. Project: 3 Each Civilian Observer's unit, consisting of two observers would also be provided with a small handheld tape recorder, which would be used to make and record a full report when any illegal activities are observed by the Civilian Observer's. Such a tape would be the most effective recording of the observation of any crime. The written reports would contain a written record of the live action recording and the original tape itself could be kept in the original file, for the crime being written up and which was reported as having been observed. The manner of recording the observation of a crime, to the writing of the final reports and the handling of each piece of equipment would be included in the training all Civilian Observers would receive. Project: It was the suggestion of Councilmember Santillan that for the initial pilot program, volunteers could be used to perform the activities of the Civilian Observers and it could then be determined if the program was successful during the pilot program, without the City of Lynwood incurring any expenses for salaries for the Civilian Observers during that initial pilot program. Under this proposal only volunteers would be used as Observers, as opposed to more complete description give the Civilian Observers below. As opposed to the normal police candidate, the successful Civilian Observer's of America candidate would need only a clean criminal background, clean driving record, a physical ability to handle the equipment necessary to be used as a Civilian Observer, i.e.: Tape recorder, cell phone, binoculars and camera, plus the ability to type reports. As, under NO circumstance may a Civilian Observer exit their vehicle and confront a potential suspect or become involved in any way with any activity which requires the Civilian Observer to get out of their vehicle, no strenuous physical activity would ever be required of any Civilian Observer. The above fact presents the city with the chance to avail themselves of Civilian Observers, with a unique opportunity. Civilian Observers of America candidates need not be unusually physically able to do the job which is required of them. At the same time, because they are hidden in vans, which are parked at the scenes of the crimes named at the beginning of this proposal, people with disabilities could easily handle the job and duties required of a successful Civilian Observer's candidate. Although not an absolute, depending on the person with the disability, the able bodied candidates could normally drive the Civilian Observer's van or vehicle for the Civilian Observer's team. The only physical requirement, besides those already listed, would be that all candidates for the position of a Civilian Observer would be 4 that the candidate had 20120 vision, even with corrective lenses and to have the ability to both speak and hear within normal limits. They would also need to be able to type reposts. The above means that the City of Lynwood might be one of the first cities or business, other than Goodwill Industries, which actively recruits for candidates for the position of Civilian Observers from the ranks of those Americans with disabilities. One benefit of hiring Americans with disabilities is that there exist programs at both the state and federal level, which provide funds for training and education of persons with disabilities, which the city would be entitled to if it chose to hire half of its Civilian Observer's of America candidates from that group of individuals with disabilities. There is as well, state and federal funding available for a portion of the wages of those disabled individuals who are hired by a business or organization. That reduces the cost of the salaries of the individuals with disabilities. It is suggested that the City of Lynwood contract through either a non-profit organization or a licensed company, those individuals that are Civilian Observers and from having to shoulder the expense of hiring a new city employee. This would prevent the City of Lynwood from needing to announce a full time City position. As can be imagined, the public relations received from such an endeavor would be overwhelming. Such groups as the Americans with Disabilities would be showering awards on the City of Lynwood for its foresight in the creation of such a program. Project: If the Civilian Observers of America concept and program were successful in lowering the crimes discussed at the beginning of this proposal and in fact more successful than the normal squad car enforcement tactics that would be a boon for the city as well in the area of Public Relations. The idea behind Civilian Observers is not to compete with the sheriff's department, it is to work together and to provide information, witnesses, photographs of crimes being committed and to present the above to the sheriff's department, which in turn may use that information and those witnesses in making arrests and gathering the fines imposed for the city. The idea behind Civilian Observers of America is that most security guards are trained to observe and report. They have no special powers conveyed upon them over what a normal resident of this country has, simply by virtue of being a private person. Security guards also become involved with people who mayor may not be committing some infraction of the law. Civilian Observers NEVER become involved with a suspect or public person. That would violate the first rule or order of Civilian Observers of America, which is, "DO NOT GET OUT OF THE VEHICLE." 5 The key training points for all Civilian Observer candidates would consist of stressing the first rule of DO NOT GET OUT OF THE VEHICLE. Training would involve scenarios, which seem to offer the incentive to exit the vehicle and take some action other than observe, call and report, make notes on the tape recorder, take pictures to document what is occurring and DO NOT GET OUT OF THE VEHICLE. Other training would involve how to make a proper report, what is needed in the report and what is not needed. Training with the various pieces of equipment the Civilian Observers will be working with as part of their duties. Binoculars, a camera with high speed film with which to photograph suspects or people committing crimes and the license plates of their vehicles. How to maintain the accurate time on the camera, in order that all photos taken, display the correct time the photo was taken, along with the correct date. Other methods, which would need to be studied and learned, are how to conceal oneself in a van when it is dark. Dark or black film or dark cloth curtains on the windows, placed there from inside and which would prevent pass through light from silhouetting the occupants of the vehicle and enabling someone outside the vehicle to see those inside the van, would be used. Another piece of equipment would be the cell phone issued to the teams going into the field. The candidates must be made to understand that there will be no unauthorized use of the issued cell phone. The only calls which should be made or answered are to the shift supervisor, who can relay those calls to the County Sheriff's Office, as needed. If unauthorized calls are made or received on the Civilian Observer's phone, that would be explained as being grounds for termination, as would getting out of the vehicle when in the field observing a potential crime. Project: The vans or other vehicles used by the Civilian Observers would need to be as nondescript as possible. Perhaps they could be lettered with signs such as, "Acme Plumbing" or "Emmanuel Baptist Church." Having eyewitness to crimes who have pictures, who could testify as eye witnesses and a log of their phone call reporting the crime they observed would make it highly unlikely that the criminals involved would want to go through the trouble or expense of going to trial. The vast majority of cases would simply settle and pay the fine. When the person committing the crime, such as tagging, is under age and is apprehended, the parents of that child should be forced to accept the responsibility for the crime or destructive act committed by the child and pay the fine. Otherwise the residents of the community will be forced to pay through higher taxes. 6 An important part of the Civilian Observer's program would be to explore the possibility of having the City of Lynwood make as many of the crimes, listed as street crimes above, made ADMINISTRATIVE violation. This would be done by adding verbiage to the city's already existing codes. At the same time a person should designated as the Administrative Hearing Officer for the City of Lynwood and such a person would not need to be a judge and in fact a non judge would be preferable. (Lower cost, not part of the county's judicial system.) The Administrative Hearing officer would be the person who hear ever case involving a violation, wherein a person had been ticketed or cited for committing a violation of those types described in the city's codes. This is akin to a small claims court, however it is not part of the county's judicial system. Fines for administrative violations can be imposed by the Administrative Hearing Officer and those fines are paid directly to the City of Lynwood. Any fines imposed by the criminal courts are kept in a fund, which is distributed once a year and the fines imposed do NOT go automatically to the City of Lynwood. Such fines must be applied for and panel must then decide who in the county receives what portion of those fines. Another problem exists in that the court system is overwhelmed with types of crimes, which are considered much more serious, such as murder, robbery, rape and so on. Misdemeanor violations, such as tagging and cruising, are difficult at best to have prosecuted. Even when a fine is imposed on a convicted person if the violation is for tagging or illegal dumping, the courts continually impose very small fines for such violations. Those violations are mostly misdemeanors. If such violations of law were made Administrative violations the City of Lynwood could have those cases heard in front of Administrative Hearing Officer who could impose either the full amount of the fine or whatever portion the Hearing Officer felt was appropriate. Needless to say, instead of being consumed and overloaded with heavy docket of severe criminal cases, the Administrative Hearing Office would only hearing those cases, which are Administrative violations. In handling these cases as Administrative violations, two benefits become quickly clear. 1. The amount of the fine imposed goes directly to the City of Lynwood. 2. The cases will be prosecuted, but as administrative violations and therefore are kept out of the overloaded court system. This means cases are heard quickly. Oftentimes, the courts only impose a tiny fraction of the fine set forth as the maximum fine, which could be assessed. An example of this would be the case involving the young tagger, which was presented to the city council at a recently past City Council meeting, by the gentleman would was selling the database which contained information about the taggers in the county. A digital camera was also 7 part of that package. In his presentation that gentleman brought up the case of a tagger was apprehended and prosecuted by local law enforcement after the database being offered was used. That particular young tagger had over fifty previous violations for tagging and yet was penalized with a fine of something less than a couple of hundred dollars. The cost to the city for cleaning up over fifty different, individual graffiti attacks, far outweighs whatever the amount of the fine, which was imposed. When the maximum fine is imposed on a repeat offender, it is much more likely that the violator will decide it is simply better to commit his or her violation in a city other than Lynwood. Enforcement: No assessing of civil or administrative fines will do any good or act as a deterrent if there is no enforcement of collecting the fines imposed for the administrative violations, for which the Administrative Hearing Officer has imposed a fine. My suggestion is that the City of Lynwood collect the amount of the fines it is owed, by its residents, by adding the amount of the administrative penalty, assessed by the administrative Hearing Officer to the resident's water bill if the resident is not paying the fine or is breaking whatever arrangement that resident has made with the City of Lynwood to pay the tine. This item would need to be checked out by the City's attorney(s), but I believe the city has the right to asses such a tine to a resident's water bill. If not paid, this could result in a person's water being turned off. While not all offenders will be Lynwood residents and no such tine can be assessed to that person's water bill, if that person lives outside Lynwood, collection of such a tine would be made easier by virtue of the fact that it would have already been determined that the person owes the City of Lynwood that amount of money, as a result of Administrative fine, which has been imposed on the person. If the person does not pay the administrative violation, those cases can be turned over to a collection agency, just as any other bills owed can be. The city pays nothing to the collection company, who only earna percentage of the amounts of money they collect. The collection company can use wag garnishment, attaching real or personal property and the city need not hiring people to do this job, as the collection company will pursue those amounts owed to the city, as that is how the collection company earns it fees. 8 As, the areas in which the crimes of prostitution, drug dealing, tagging, and contractor dumping are known, it is not possible to park a marked sheriff's vehicle there all night. Yet, since those areas are known, it would be possible to set up and park a nondescript and unmarked vehicle in that location with the purpose of later observing those conducting that illegal business when they appear and begin to commit their particular crime. Perhaps parking under a bridge where a lot of tagging known to take place would be one idea. Parking a van on a street where residents have been complaining to City Council Members or other city officials that prostitution or drug dealing has been taking place would also be effective. The Project as a Source of Revenue for the City of Lynwood: There are several methods by which the concept of Civilian Observers can be used to generate revenue for the City of Lynwood with little outlay on the part of the city. The before mentioned state and Federal Government programs, which provide funding for programs, which train those with disabilities. I believe it could be arranged where the employees of Civilian Observers of America were NOT regular employees of the City of Lynwood, thereby eliminating the long term financial commitment, which is required of regular city civil service employees. There are no uniforms for Civilian Observers, no badges of rank, no insignias or markings of any kind that would even signify that such a group exists. The entire point is remaining anonymous and unknown, for to do otherwise reduces the effectiveness of the Civilian Observers. Candidates would be discouraged from identifying themselves as members of such a group and because of the loss of effectiveness of the observers and the potential for confrontation with the criminals being ohserved, such actions as telling people that one is a member of that group or even confirming that such a group exists, would be discouraged. Ultimately Civilian Observers will become known and so will the actions and job description of what they do. At that point Civilian Observers becomes more of a deterrent than a force for catching criminals in the act. Once known or suspected that Civilians Observers are out and about observing and reporting crimes, it would make sense that the criminals that commit the crimes described within these pages will resort to committing their crimes in cities, which do not have Civilian Observers. 9 The above would show Lynwood was at the forefront of combating crime in a new and efficient manner, one not previously tried any place else. This could be coupled with the innovation of hiring and using people, previously thought of as being disabled and not capable of combating crime. (People with disabilities) Statistics: The statistics or measurable quantity of the benefit to the City of Lynwood , for the Civilian Observer Project and plan, would be a comparison between the number of arrests made for the crimes Civilian Observers watches for and reports and the number of arrests made for those crimes, comparing present numbers while Civilian Observers have been present and working compared to the number of those same crimes, last year and even five and ten years ago. Also, the amount of fines collected by the city. . I am unsure if the City of Lynwood can legally operate the Civilian Observers of America group in their own city, or if the Civilian Observes of America would need to operated as a nonprofit organization. In either case, it is the license that would be required to operate a department or chapter of Civilian Observers of America, which would be required before a city could utilize that concept or the specific name and methods employed by Civilian Observers of America. In the year 2000, I created the initial idea for Civilian Observers of America. I copyrighted the name, training methods and the idea, as much as I could and trademarked the name and concept, plus methods of training and operation. It was initially created to see if something effective could be done to combat the types of crime listed in this proposal and I intended to market it as a deterrent to crimes, to various cities. I did not offer the program, ever, as I became engaged in other activities. My suggestion is only made from a lay person's point of view and lacks any legal opinion. I would suggest, if it is permissible that I issue a license to the City of Lynwood and that I receive NO payor one dollar ($1) for being involved in the setting up of the Civilian Observers of America in Lynwood, other than in the capacity in which I now work, that of a consultant_ 1 would suggest that I keep and maintain the right to issue licenses to other cities for their use of the idea and of the training. I would suggest this for the reason that in that manner I could effectively retain control of my own idea and at the same time see to it that no other city or group infringed upon my intellectual property and that they did not utilize the idea of Civilian Observers of America on their own. 10 Some of the areas I would suggest that require more investigation are; In the beginning I would suggest a pilot program, which could at an initial cost that would be quite low, explore the results of the pilot program for a few weeks to see if the Civilian Observers of America program would be effective in accomplishing its mission of lowering crimes in Lynwood and in increasing revenue to the City of Lynwood through various fines collected as a result of criminals being caught in the act and photographed. One area needing further exploration would be; obtaining vehicles for the program. Nondescript vans, preferably used and not new or nearly new, would seem the best choice. I would suggest purchasing a used van from the various police organizations that auction such vehicles to the public. Those auctions would include, the I.C.E. or Immigration and Customs Enforcement auctions, the General Accounting Office auctions, (Seizures from the DEA, FBI and IRS) and from the various state and local auctions of such vehicles that have been impounded and seized for auction. Any low priced van, from any source, would work, as long as it was mechanically sound. Possibly a city van could be used for the three week pilot program. A legal opinion would be needed, which would address the overall operation of the Civilian Observers and find the best method of setting up the program, which would be legal for the city to operate that program. Examining the acquisition of the needed equipment for the operation of the pilot program, would be needed. Items such as binoculars, possibly night vision devises, (available through the US Border Patrol, other departments of the US Government or surplus outlets.) Cameras that can use high speed, low light film, cell phones and tape recorders. A note on cell phones; two phones would be required at a minimum for the pilot program. Both phones should be on the same network, as in that manner all calls between the Civilian Observer unit in the field and the supervisor, would all be on one program and such programs are available, which charge nothing for calls between the phones on that system, meaning the monthly charges for those phones would not contain any charges for the calls made using those phones. A strict policy of no other calls being permitted to be made on those phones, other than to the on duty supervisor from the units in the field would be strictly enforced. The issue of insurance would need to be investigated. Insurance for the vehicles (this is why a spotless driving record is required) , as well as, liability and general insurance for those working as Civilian Observers would be needed and possibly an errors and omissions policy or general policy, which would cover those same issues should be obtained. The issue of how and where to deploy the Civilian Observers who are part of the pilot program, should be examined to locate the most optimum areas in which to 11 operate. This could be determined by looking at past areas of high crime activity or areas where residents have complained about those activities as are covered above. Besides the number one rule of Civilian Observers of America, which is, "Do not get out of the vehicle, ever!' other areas should be fully developed to ensure that there is never any confrontation between the Civilian Observers and the public, especially those person who are suspected of being caught in the act of committing a crime. Some thoughts on stationary cameras: Some law enforcement agencies have installed and are using stationary cameras to observe illegal activities. Some of the points to consider about such devices are; they require at least one person observing what is being shown on the camera. These cameras, while effective in observing crimes where the same crime or crimes occur virtually every day, such as at the various Ports of Entry of the US- Mexico Border, near points of entry, are effective because all that is required is to observe people coming over the fence. If a number of people are entering over the fence the dispatcher can direct agents to area to look for suspected persons, even thought the faces of such people are not able to be seen clearly, via such cameras. The quality ofthe pictures is not great and the visibility of the cameras is subject to weather and other factors. As to the types of crime addressed herein, cameras are easily spotted and it is a simple matter of moving one's criminal activities away from the range of the camera. Such cameras, which are expensive, are often the subject of vandalism. Replacing and repairing such cameras is ongoing and expensive. There are devices which can detect the sound of an aerosol can being sprayed, however such devices are limited to being used in a single area and once observed they too become the targets of vandals. Using Civilian Observers provides two, mobile but hidden, eye witnesses trained as professionals to observe and report only what they shave seen, as to each crime observed. It provides a high quality picture of the crime being committed and a running, real time, verbal report, being made during the commission of the crime, by the observers. Such observer teams are mobile and can be placed and replaced at will to more effectively observe, plus record and report such illegal activities. The VALUABLE FINAL PRODUCT: A valuable final product is a product that can be exChaDl!ed for the services or l!oods of the society. The valuable final product of this proposal concerning Civilian Observers is, "A City where street crime is being reduced yearly, where the citizens of that community KNOW their City Council responded to their concerns and turned Lynwood into an example of what can be achieved when the City Council is determined to eliminate 12 crime in the streets. Lynwood should be the place other cities come to study the methods of reducing street crime, such as those methods employed by the City of Lynwood. The feeling of security provided to the residents of Lynwood and the reduction of street crimes provided, is the product exchanged by the city with its residents." The above are just some of the ideas associated with the concept of Civilian Observers of America, which is presented here as being part of the Goal Setting project. Should the City Council discuss this proposal and decide the idea of a pilot or test program, might have merit, I am available for any further questions, which might arise. I would need to submit a proposal which would enable me to carry out the needed training for a two to three week period at a rate less that I am currently contracted to be paid by the city as a consultant, as otherwise that training would be too expensive. I will consent to much lower fee, for this special project as I feel in the long run this program would be of great value to the city of Lynwood. The other problem, which was anticipated was, whether or not the sheriff's deputies would be able to respond to the scene of the crimes or violation, which had been observed, and photographed. I just met with the Sheriff's Department who informed me that they would be willing to dedicate two of the candidates, which are now assigned to the COPs program to the enforcement of the administrative we find and then the city has an enforcement branch, during the initial pilot program. If administrative violation fines are imposed on those who are violating those laws, that revenue stream would fund many other projects. As administrative violations, the fines imposed and collected, the fines would go to the City of Lynwood and NOT to some other council, elsewhere, who then needs to decide, which portion of the fines collect are to go to the City Lynwood Further, I would be willing to personally train and supervise the volunteers on this initial pilot program and to do so at a greatly reduced flat fee, which could come out of my regular consulting contract. That contract will be expended by the coming week so there would be no conflict between the two contracts as I would only have the one new contract. 13 AGEu\JDA STt\Ff REPOFrr DATE: TO: APPROVED BY: PREPARED BY: October 3, 2006 Honorable Mayor and City Council N. Enrique Martinez, City Manager Grant Taylor, Director of Develop ent Services G I Subject: First Amendment to Agreement for Lease & Development Fees City of Lynwood and Bulletin Displays, LLC Recommendation: Staff recommends that the City Council review and discuss the first amendment to agreement for lease and development fees by and between the City of Lynwood and Bulletin Displays, LLC. Background: On September 5, 2006 the Lynwood City Council approved the first amendment to the agreement in closed session as a way to settle current litigation and outstanding issues with Bulletin Displays. Discussion & Analysis: The first amendment to the agreement is a result of extended negotiations between the City of Lynwood (through its Ad Hoc Committee) and Bulletin Displays to address existing litigation initiated by Bulletin Displays and to modify the initial agreement to meet goals and objectives deferred by the City Council in its extended consideration of this matter. The first amendment to the agreement is the result of the direction provided by the City Council in its many reviews and considerations of the matter. Fiscal Impact: Revenues of $200,000 per site plus potential additional revenue generated pursuant to Section 4 of the amended agreement. Coordinated with: City Manager's Office Finance Department City Attorney's Office Attachments: First Amendment to Agreement for Lease and Development Fees City of Lynwood and Bulletin Displays, LLC AGENDA ITEM /q H:\WORDFILE\PLANNING\ST AFFRPT\memo.COllIlcil,billboardfirstamendment.\ t3..()6.doc FIRST AMENDMENT TO AGREEMENT FOR LEASE AND DEVELOPMENT FEES by and between THE CITY OF L YNWOOD, AS LESSOR and BULLETIN DISPLAYS, LLC, AS LESSEE RECITALS WHEREAS, on or about February 24, 2005 the parties entered into a LEASE AND DEVELOPMENT AGREEEMENT (the "AGREEMENT") for the purposes set forth in the AGREEMENT; and WHEREAS, the parties are presently engaged in litigation (Los Angeles Superior Court Case Number BC 340572) (the "LITIGATION") arising from conflicting interpretations ofthe provisions of the AGREEMENT; and WHEREAS, the parties have discussed the conflicting claims set forth in the LITIGATION and have reached common understanding of the respective obligations of each party under the AGREEMENT and now wish to resolve their conflicting claims under the AGREEMENT by entering into this First Amendment (the "First Amendment") to the AGREEMENT. NOW, THEREFORE, THE PARTIES IN AN EFFORT TO RESOLVE ALL ISSUES RELATIVE TO OR CONCERNING THE AGREEMENT HEREBY ENTER INTO THIS FIRST AMENDMENT TO AGREEMENT FOR LEASE AND DEVELOPMENT FEES.: I. Effective Date of the First Amendment: The AGREEMENT is hereby amended effective upon the approval of this First Amendment by the City Council of the City of Lynwood and execution of the same by all parties. 2. Six (6) Sites: The AGREEMENT is amended such that the total number of Sites that Lessee will be entitled to build is six (6). Section 201.5, and all other references to said section, are hereby amended to remove from Lessee the option of choosing and building four (4) additional locations from those listed in Sl02 and ~ 103. Nothing in this First Amendment shall be interpreted to reduce the applicability of S201.4. 3. Location of Six (6) Sites: 0201.1 is amended to strike "Lessor hereby leases and demises Sites, 1,4,7,8, 10 & 14" and is replaced with "Lessor hereby leases and demises Sites, 1,2,4,5, 10 & 14. Site 2, within the Lease Exhibit B Site Plans, is amended per the attached Exhibit 1 to this First Amendment and Lessee will pay the cost of constructing and landscaping the right turn only raised medium if Column A is chosen by Lessee over Column B. a. 00201.1,201.4,201.5,202.2 are amended to strike "except Sites 2 and 3" and are replaced with "except Site 3". . b. 0102 is amended to strike the entire paragraph entitled, "Site 2" and is replaced with the following: "Site 2. That certain portion of a parcel of land located north of Imperial Highway and west of the east line of Little Alameda Street on the north line of the 105 freeway." c. 0102 is amended to strike the entire paragraph starting "Notwithstanding any other provision to the contrary, the parties ..." and is replaced with the following: "Notwithstanding any other provision to the contrary, the parties reaffirm their mutual desire and intent to permit Lessee the selection of six (6) Sites. Under no circumstances will Site 3 be included in the Sites selected by Lessee. Within the jurisdiction of the City, Lessor hereby covenants not to authorize or approve any other off-premise signs at Site 3, or within 500 feet of said Site during the term of this Agreement." 4. Additional Consideration: 01317 shall be added to read as follows: "0 1317. Additional Consideration Pursuant To Article 3: Development Fee: Clear Channel Outdoor will operate 1.5 sites (of the 6 sites). For each of the sites that Lessee will operate exclusively, Lessee will do an annual accounting and pay the Lessor a "Revenue Bonus" within Ninety days of the end of each year of the Lease, an amount equal to one-half (1/2) of any monthly Site Improvement (Billboard) revenue that exceeds THIRTEEN THOUSAND DOLLARS ($13,000) of gross advertising revenue per site. For the one-half (1/2) of the shared Clear Channel Billboard that Lessee will operate and control, Lessee will do an annual accounting and pay the Lessor a Revenue Bonus within Ninety days of the end of each year of the Lease, an amount equal to one-half (1/2) of any monthly Billboard revenue that exceeds SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500.00) of gross advertising revenue. Further, the calculation of the Revenue Bonus shall exclude any advertising agency or brokerage commissions and any applicable taxes and shall be based solely on the basic advertising size, as recorded on Lynwood's building permits, and does not include free form cutouts, solid extensions, back-lit displays, 3D presentations, tri-vision, stretch faces, additional art work reproductions or any other special treatment or appurtenances as required by the advertiser. With prior written notice of not less than ten business days, the Lessor has the right to audit Lessee's sign income account related to this Lease, at Lessee's office, on any normal workday between 9:00 a.m. and 4:00 p.m." 5. Commencement Date: 9 202.1 shall be amended such that the "License Telm" and the "Commencement Date" shall be the date Lessor signs this First Amendment after presentation of the executed First Amendment by Lessee. 6. Size ofImprovement: 9 I 03 shall be amended such that: a. The clause "eighteen (18) high" shall be stricken within the paragraphs entitled "Site 6", "Site 10" and "Site 16" and replaced with "fourteen (14) high". b. The paragraphs entitled "Site 2" and "Site 4" shall also allow a two sided back-to-back sign. c. The clause "twenty-four (24) high and twenty-six (26) wide" shall be stricken within the paragraph entitled, "Site 14" and replaced with "twenty-five (25) high and twenty-four (24) wide". 7. Lvnwood Municipal Code and the Uniform Building Code: 9401.1 is amended to clarify that as of the Commencement Date, Lessee signs are conforming with the Lynwood Municipal Code and with the Uniform Building Code and any subsequent changes to said Codes shall grandfather the Billboards within the Lease and within this First Amendment and allows for the relocation and rebuilding thereof consistent with requirements in place as of the Commencement Date except for compliance with any changes put in place for structural and engineering requirements.. 8. Settlement of Law Suit: Within Five (5) days of Lessor issuing the 6th building permit, Lessee shall provide the Lessor with written notice thereof, in a form acceptable to Lessor, that Lessee has dismissed their Superior court of the State of California, County of Los Angeles case number BC 340572 with prejudice and waives any and all claims against the City, its elected officials, employees, staff, and attorneys, and their respective predecessors, successors and assigns, arising from the subject matter of the referenced lawsuit up to the time of entering into the First Amendment, and including a waiver of the provisions of Civil Code Section 1542. 9. In Fee Or Easement Ownership Of The Sites: 9202.3 shall be amended adding the following paragraph to state, "As part of the consideration of 9301, and although this instrument is called a Lease with Rent, the parties acknowledge that the Lessee is actually acquiring either an in fee ownership or an easement in the City property pursuant to 9201.1, an easement or other similar rights for electrical per 9201.3 and an in fee ownership of the Caltrans property pursuant to 9201.8, and therefore upon the termination of the Improvement permits at the end of this Lease, the Lessee must quitclaim its rights to the Caltrans excess land Sites that were acquired from Caltrans if the Lessor pays the Lessee the fair market value as determined within 9201.8 and the Lessee must quitclaim its rights to the City Sites per 9202.3 if the Lessor pays the Lessee the fair market value of said sites less any improvements. CITY OF L YNWOOD (LESSOR) Date: September _, 2006 By: Leticia Vasquez, Mayor ATTEST: Andrea Hooper, City Clerk BULLETIN DISPLAYS, LLC, a California limited company (LESSEE) Date: September I 2.. ,2006 By: ~...a...d :5~tJ/. - Its: p~/~~-...rr- APPROVED AS TO FORM r~O~-~~~Y ,= e -r .,< . ~KVJ,O,t ~i Edison Service Pole ~ . I 3 ~ ~ ~ )> #2D o Edison Pole 2353816F ColumnA Column B --- --- --- Fooling/Crosswalk Detail Column A SidewalkIFooting Detail Column B Pole 0 3.5' \MPER\N- HwY Footing 06' Pole D 3.5' Under si C_~~t~:~ 0 6' , , , , , , , , , , , I , , , ! , Crosswalk 105 FREEWAY Proiect-Imperial Hwy., 40' East of UttleAlameda St. (north line of 105 freeway). The configuration will be three sided and triangular shaped or two-sided "V" and the height of 92 feel. Location D - Located at LitlleAlameda and Imperial Hwy. The column will be placed in the center of Litlle Alameda (Column A) entailing a medium to be constructed . or located on the east line of Little Alameda in the sidewalk (Column B). Scale- 1 "=30' 8u!!~ ~ INC. 16911 Jllnlh Street, Suile201 SUS\lIPar1t,CA80621 PhOfle(Sl21941_1233 F;u: {S621 941-4745 OW.EA BUllETIN DISPLAYS, LLC "CREAnVE OUTOOORAoVERnSlNG" 7899 Ninth sreet, Suite 201 Buena Park, CA 90021 PhCfle (310) BUlLETIN (714)522-6020 Fax (714) 522-6309 j. " .' . , / .~-'/ AGREEMENT FOR LEASE AND DEVELOPMENT FEES . by and between THE CITY OF L YNWOOD, AS LESSOR and BULLETIN DISPLAYS, LLC, AS LESSEE TABLE OF CONTENTS ARTICLE 1 SUBJECT OF AGREEMENT ...................................................................1 Ii 101 Purpose of Lease ..................................................................................................................................1 Ii 102 Th e S ites .................................................................................................................................................. 1 Ii 104 Parties to the Lease.............................................................................................................................4 ARTICLE 2. LEASE OF THE SITES ...........................................................................4 Ii 201 Lease and License................................................................................................................................4 Ii 202 Term of the Lease ................................................................................................................................ 8 Ii 203 Term of the Lease on Privatelv Owned Parcels ......................................................................8 ARTICLE 3. RENT AND DEVELOPMENT FEE...............................~..........................9 Ii 301 Rent Amount and Development Fee ............................................................................................9 Ii 302 Charitable Advertisinl! ....................................................................................................................1 0 Ii 303 Lvnwood Chamber of Commerce Advertisinl!......................................................................10 Ii 304 U tility Costs..........................................................................................................................................1 0 Ii 305 Mutual Al!reement to Offer Real Estate as Consideration............................................... 10 Ii 306 Encumbrance on the City Parcel SiteslImprovements.......................................................10 ARTICLE 4. DEVELOPMENT OF THE SITES.........................................................11 li401 Scope and Schedule of Development..........................................................................................11 Ii 402 Cost of Constru ction......................................................................................................................... 11 Ii 403 No Construction Before Notice on the City Parcel Sites.................................................... 11 Ii 404 Notice of Non-Responsibility on the City Parcel Sites........................................................ 11 11 ~ 405 Mechanic, Materialman, Contractor or Subcontractor's Liens on the City Parcel12 ~ 406 Lessor's Ri!!ht of Access Durin!! Construction...................................................................... 12 ~ 407 Local, State and Federal Laws .....................................................................................................13 ARTICLE 5 USE OF THE SITES AND IMPROVEMENTS........................................13 ~ 501 Use of the Sites and Improvemeuts ............................................................................................13 ~ 502 Maintenance Obli!!ations................................................................................................................13 ~ 503 Mana!!ement of the Sites aud Improvements .....................................................................14 ~ 504 Quiet Eu joyment................................................................................................................................14 ~ 505 Hazardous Substance.......................................................................................................................14 ARTICLE 6. TAXES, ASSESSMENTS AND OTHER CHARGES.............................16 ~ 601 Payment Generally ............................................................................................................................16 ~ 602 Payment of Impositiou in Installments .....................................................................................17 ~ 603 Lessor Ri!!ht to Cure........................................................................................................................17 ~ 604 Tax Receipts.........................................................................................................................................18 ~ 605 Alternative Tax Liability ................................................................................................................18 ~ 606 Con tests .................................................................................................................................................18 ~ 607 Notice of Possessory Interest.........................................................................................................19 ~ 608 Other Liens ..........................................................................................................................................19 ARTICLE 7 OWNERSHIP OF AND RESPONSIBILITY FOR IMPROVPMENTS .....19 ~ 701 Ownership Durin!! Term and at Termination .......................................................................19 ~ 702 Removal of Improvements at Termination .............................................................................19 ~ 703 Maintenance of Sites and Adjacent Areas...............................................................................20 ~ 704 Waste ......................................................................................................................................................21 ~ 705 Alternation of Improvements .......................................................................................................21 111 '. ~ 706 Damage to or Destruction of Improvements........................................................................... 2 1 ~ 707 Application of Insurance Proceeds.............................................................................................22 ~ 708 Waiver of Restoration Obligation...............................................................................................22 ~ 709 Faithful Performance and Labor and Material (Payment) Bonds; Indemnification; N onresponsibilitv N otices ....................................................................:.......................................................... 22 ARTICLE 8 ASSIGNMENT, SUBLETTING, TRANSFER .........................................23 ~ 801 Prohibition Against Transfer........................................................................................................23 ~ 802 Exception to Prohibition Against Transfer.............................................................................24 ~ 803 Investigation of Proposed Transferee........................................................................................24 ~ 804 Effective Date of Transfer........................................................................................ ......................24 ~ 805. Bankruptcy ......................................................................................................................................25 ~ 806. Lessor's Costs .................................................................................................................................. 25 ~ 807 No Waiver ............................................................................................................................................. 25 ARTICLE 9 NO SUBORDINATION OF LESSOR'S INTERESTS.............................25 ARTICLE 1 0 INDEMNIFICATION AND INSURANCE ...............................................25 ~ 1001 In d emnification ..............................................................................................................................25 ~ 1002 Required Insurance ......................................................................................................................26 ~ 1003 Definition of "Full Insurable Value" .....................................................................................27 ~ 1004 General Insurance Provisions...................................................................................................27 ~ 1005 Failure to Maintain Insurance .................................................................................................28 ~ 1 006 Waiver of Claims ........................................................................................................................... 28 ARTICLE 11 EMINENT DOMAIN..............................................................................28 ARTICLE 12 DEFAULTS, REMEDIES AND TERMINATION ...................................28 ~ 1201 Defaults - General..........................................................................................................................28 IV ~ 1202 Le2al Action .....................................................................................................................................29 ~ 1203 Attorneys' Fees and Court Costs.............................................................................................29 ~ 1204 Ri2hts and Remedies are Cumulative ...................................................................................29 ~ 1205 Additional Remedies of Lessor.................................................................................................29 ~ 1206 Remedies and Ri2hts of T ermination .................................................................................... 30 ARTICLE 13. GENERAL PROViSiONS....................................................................32 ~ 1301 Notices. Demands and Communications hetween the Parties .....................................32 ~ 1302 Time of Essence .....................................................................................................:........................32 ~ 1303 Conflict of Interest ........................................................................................................................32 ~ 1304 Nonliability of Lessor Officials and Employees ................................................................32 ~ 1305 N 0 Partnership................................................................................................................................32 ~ 1306 Compliance with Law ..................................................................................................................32 ~ 1307 Surrender of Property .................................................................................................................33 ~ 1308 Severability.......................................................................................................................................33 ~ 1309 Bindin2 Effect .................................................................................................................................33 ~ 1310 Captions.............................................................................................................................................33 ~ 1311 No Recordin!! of this Lease ........................................................................................................33 ~ 1312 Enforced Delay in Performance for Causes beyond Control of a Party .................33 ~ 1313 Applicable Law ...............................................................................................................................34 ~ 1314 Third Party Liti2ation and Indemnification ......................................................................34 ~ 1315 Entire A2reement. Waivers and Amendments..................................................................35 ~ 1316 Approvals.......................................................................................................................................... 35 v This LEASE AND DEVELOPMENT AGREEMENT (the "Lease") is made by and between the CITY OF L YNWOOD, a municipal corporation ("Lessor"), on the one hand, and BULLETIN DISPLAYS, LLC, a California limited liability company ("Lessee"), on the other. ARTICLE I SUBJECT OF AGREEMENT S 101 Purpose of Lease The purpose of this Agreement is to accomplish the installation, maintenance, and operation of the "Improvements" (as hereinafter defined) on the "Sites" (as hereinafter defined) for certain outdoor advertising displays ("billboards") by commercial operators advertising certain businesses. However, notwithstanding the foregoing, the improvements shall not serve as a public forum. The Sites are also located within the City of Lynwood and within either the Alameda Redevelopment Project Area or the Project Area "A" Redevelopment Project Area of the City of Lynwood or within an unincorporated area of Los Angeles that maybe annexed in the future. The lease of the Sites and the construction, maintenance and operation of the improvements (as defined herein below) pursuant to this Lease are in the best interests of the City and the health, safety, morals, and welfare of its residents, by creating a source of revenue to the City, all in accord with the public purposes and provisions of applicable federal, state and local laws and requirements. S 102 The Sites The "Sites," for purposes of this Agreement, are depicted on the "Map of the Sites" attached hereto and incorporated herein as Exhibit A and are generally described as follows. Site I. That certain portion of a parcel of land located south of Beechwood Avenue, north of 105 freeway and near the intersection of Fernwood Avenue approximately nine- hundred feet west of State Street. The Site can be relocated on the south side of Fernwood Avenue. Site 2. That certain portion of a parcel of land located north of Imperial Highway and approximately 40' east of Little Alameda Street on the north line of 105 freeway. The Site can be relocated on the southerly adjacent property approximately 50' closer to the freeway. Site 3. That certain portion of a parcel of land located north ofImperial Highway and approximately 600' east of Little Alameda Street on the north line of 105 freeway. The Site can be relocated on the southerly adjacent property approximately 10' closer to the freeway. Site 4. That certain portion of a parcel ofland located approximately 538' West of Westec Way, on the south side of Little Alameda Street and on the south line of 105 freeway. The Site can be relocated on the north side of Little Alameda in or near the 1 sidewalk. Site 5. That certain portion of a parcel ofland located approximately 30' West ofWestec Way, on the south side of Little Alameda Street and south line of 105 freeway. The Site can be relocated on the north or south side of Little Alameda in or near the sidewalk. Site 6. That certain portion of a parcel ofland located approximately 471' East ofWestec Way on the south line of 105 freeway. Site 7. That certain portion of a parcel of land located approximately 971' East ofWestec Way and on the south line of 105 freeway. The Site can be relocated on the northerly adjacent property approximately 40' closer to the freeway. Site 8. That certain portion of a parcel of land located approximately 15' west of Long Beach Boulevard approximately 5' south ofLynwood Road. The Site can be relocated on the east side of Long Beach Boulevard in or near the sidewalk approximately 10' south of the freeway. Site 9. That certain portion of a parcel ofland located approximately 30' east of Long Beach BoUlevard & somewhere between Platt A venue and approximately 200 feet north of Platt Avenue and on the north line of 105 freeway. The Site can be relocated on the west side of Long Beach Boulevard in or near the sidewalk approximately 10' north of the freeway. Site 10. That certain portion of a parcel of land located north ofImperial Highway north line of 105 freeway. The Site can be relocated on the south side of Imperial Highway on city property. Site 14. That certain portion of a parcel of land located north ofImperial Highway and approximately 150' east of Mona Boulevard and on the north line of 105 freeway. The Site can be relocated on the south side ofImperial Highway approximately 20' east of Mona Boulevard. Site 15. That certain portion of a parcel of land located north of I 15th Place and north of Imperial Highway and approximately 20' east of Watts Avenue. The Site can be relocated Alameda Street on the north line of 105 freeway. The Site can be relocated on the south side of I 15th Place approximately 10' west of Watts Avenue on city or private property. Site 16. That certain portion of a parcel of land located north of I 15th Place and north of Imperial Highway and approximately 50'-250' west of Alameda Street on the north line of 105 freeway. The Site can be relocated on the south side of I 15th Place on city or private property. Notwithstanding any other provision to the contrary, the parties reaffirm their mutual 2 desire and intent to permit Lessee the selection of six (6) Sites, and, subject to the provisions of Section 201.5, an additional four (4) Sites. Under no circumstances will Sites 2 and 3 be included in the Sites selected by Lessee. Within the jurisdiction of the City, Lessor hereby covenants not to authorize or approve any other 00 premises signs at Sites 2 and/or 3. or within 500 feet of said Sites during the term of this Agreement. (Sites 1,2,3,4,5,6,7,8,9,10,14, IS, &16 are hereinafterreferred to collectively as the "Sites"). However, notwithstanding anything contained in this Lease to the contrary, the Sites shall only include: (i) the portions of the Sites necessary and utilized for the support cylinders of the Improvements; (ii) the air above the Sites which are utilized by the completed Improvements, and (iii) those specific portions of land under the surface of the Sites which are necessary and utilized for the foundation(s) of the Improvements. The Sites are located in a commercial and/or industrial zone, in accordance with the Section 25-33.8(e) of the City Municipal Code. S 103 The Improvements The term "Improvements" as used in this Lease shall mean the following: Site 1. A two-sided "V" sign, eighty-seven feet (87') high, fourteen (14') high and forty- eight (48') wide freestanding pole sign. The structure may project over the property lines; Site 2. A three-sided and triangular shaped sign or two-sided "V", ninety-two feet (92') high, fourteen (14') high and forty-eight (48') wide freestanding pole sign; Site 3. A two-sided "V" sign, ninety-two feet (92') high, fourteen (14') high and forty- eight (48') wide freestanding pole sign; Site 4. A three-sided and triangular shaped sign, one-hundred-two feet (102') high, fourteen (14') high and forty-eight (48') wide freestanding pole sign; Site 5. A two-sided back-to-back sign, eighty-seven feet (87') high, fourteen (14') high and forty-eight (48') wide freestanding pole sign; Site 6. A two-sided back-to-back sign, eighty-seven feet (87') high, eighteen (18') high and forty-eight (48') wide freestanding pole sign; Site 7. A two-sided back-to-back sign, eighty-two feet (82') high, fourteen (14') high and forty-eight (48') wide freestanding pole sign; Site 8. A two-sided back-to-back sign, ninety-two (92') high, fourteen (14') high and forty-eight (48') wide freestanding pole sign; Site 9. A three-sided and triangular shaped sign or two-sided back-to-back, ninety-two feet (92') high, fourteen (14') high and forty-eight (48') wide freestanding pole sign; 3 Site 10. A two-sided "V" sign, seventy-five feet (75') high, eighteen (18') high and forty- eight (48') wide freestanding pole sign; Site 14. A two-sided "V" or a two-sided back-to-back sign, eighty-seven feet (87') high, fourteen (24') high and forty-eight (26') wide freestanding pole sign; Site IS. A two-sided "V" sign, ninety-two feet (92') high, fourteen (14') high and forty- eight (48') wide freestanding pole sign; Site 16. A two-sided "V" sign, ninety-two feet (92') high, eighteen (18') high and. forty- eight (48') wide freestanding pole sign; The actual size of the billboards also can be expanded to incorporate normal extensions and appurtenances used in the industry provided all legal requirements for the same are met. S 104 Parties to the Lease S 104.1 "Lessor" is the City of Lynwood, a municipal corporation existing under the laws of the State of California. The principal office of Lessor is located at 11330 Bullis Road, Lynwood, CA 90262. "Lessor" as used in this Lease, includes the City of Lynwood and any assignee of or successor to its rights, powers and responsibilities, S 104.2 "Lessee" is Bulletin Displays, LLC, a California limited liability company. The principal office of Lessee is located at 7699 Ninth Street, Ste. 201, Buena Park, CA 90621. Wherever the term "Lessee" is used herein, such term shall also include any permitted nominee or assignee of Lessee as herein provided. ARTICLE 2. LEASE OF THE SITES S 201 Lease and License S 201.1. Regarding any of the Sites that are located on City owned property (which includes Redevelopment Agency owned property), for and in consideration of the conditions, covenants and agreements set forth herein, Lessor hereby leases and demises Sites I, , 4, 7, 8, 10 & 14 (all said Sites collectively referred to as the "Selected Sites") to Lessee and Lessee hereby takes and leases the Sites from Lessor beginning on the Commencement Date as defined in Section 202.1 and continuing for the period set forth in this Lease and no additional consideration will be owed to the City for said Lease. For the Sites that are within the City limits, the Lessor shall acquire at Lessee's sole cost and expense any land necessary to locate or relocate the Sites for the Selected Sites, but if any of these Sites are unobtainable, the Lessor shall do likewise for any of the remaining Sites that are listed within Section I 02 (except for 4 Sites 2 and 3) which Lessee may substitute at its choice as long as the total Sites on which Lessee will construct the improvements does not exceed Six (6). 9201.2. For those Sites leased pursuant to 9 201.1 and for and in consideration of the conditions, covenants and agreements set forth herein, Lessor hereby provides Lessee with the following licenses beginning on the Commencement Date as defined in Section 202.1 and continuing for the period set forth in this Lease: (a) a license for pedestrian and vehicular access across those parcels of real property owned by the City which shall include, but not be limited to, those certain portions of the Sites which are not specifically leased to Lessee pursuant to the terms and conditions of this Lease (i.e. those certain portions of the Sites on which no support cylinders of the Improvements are located nor are required to be utilized for the foundation(s) of the Improvements)(the "City Parcels") which Lessor determines are reasonably necessary to access those certain portions of the Sites on which the construction, operation, maintenance, repair and/or replacement of the Improvements shall take place. (b) a license to store dirt and other materials on the City Parcels during construction of the Improvements, the exact location of which shall be determined in the sole discretion of Lessor. All dirt and construction debris will be completely removed by Lessee from the City Parcels immediately upon completion of construction of the improvements Any exercise of any right or interest granted pursuant to this Lease shall be conducted in such a manner as (i) to be in compliance with all applicable safety rules and regulations (ii) to minimize interference with any use by Lessor and/or the general public of the City Parcels as much as is reasonably feasible; and (iii) at Lessee's sole cost and expense Lessee shall indemnifY, defend, and hold harmless Lessor and its officers, agents and employees from and against any claim, liability, loss or damage caused by Lessee in its exercise of the rights or interests granted pursuant to this Lease relative to the Sites and/or the City Parcels. In particular, Lessee shall be responsible for the prompt repair and/or restoration of any damage caused by Lessee during any exercise of the rights or interests granted pursuant to this Lease, including, as necessary, replacement of any damaged landscaping material or irrigation system. S 201.3. Lessor further agrees to make available at Lessee's sole cost and expense such access in and to the City Parcels as is necessary to provide electrical or other utility service to the Sites (overhead or underground as determined by Lessor in consultation with Lessee), including but not limited to providing any easement or other access right necessary for such service, provided, however, that all utility service(s) to the Sites shall be designed, constructed, operated and maintained in such a manner as to minimize to the greatest extent possible any interference with the use of the City Parcels by City and/or the general public. Lessor's determination regarding the locations required under this paragraph and the undergrounding of utilities shall be final and binding on Lessee. S 201.4. During the life of the Lease granted pursuant to Section 201.1, the Lessor shall reserve the remaining Sites that are listed in Section 102 (except for Sites 2 and 3) and 500' on either side as measured parallel to the freeway and in compliance with Business and Professions Code Section 5408 (d) exclusively for Lessee and the Lessor shall cooperate, at 5 Lessee's sole cost and expense, with Lessee in maintaining or relocating their State permits, but no improvements can be built on said reserved Sites until Lessee and the Lessor mutually agree. 9201.5. Lessor acknowledges that the Lessor and Regency Outdoor Advertising, Inc. (Regency) have a Tolling Agreement (which has been dismissed without prejudice) to a Los Angeles County Superior Court, Case No. BC285256 and that the Lessor is only allowed to utilize the four (4) Sites II, 12, 17 and/or 18 as identified in Regency's settlement proposal of September 4, 2003 and their improvements as listed below, in order to settle said case if necessary. If Regency decides not to refile said case, or if a Court determines that there was no valid Regency/Lynwood contracts that are the basis of the dispute, or if the Lessor determines that there is no more dispute and/or liability, the Lessor shall immediately notify Lessee in writing and Lessee shall be allowed to choose and build four (4) additional locations as listed above in 9 I 02 and 9 I 03 (except for Sites 2 and 3) and based on the same terms as are within this Lease, including but not limited to providing an additional and proportionate rental income of Two-Hundred- Thousand ($200,000.00) Dollars per each of the four (4) Sites as expressed within 9301, except that the Commencement Date for these four (4) additional Sites and Improvements shall be replaced with the date that the Lessee receives written notice from Lessor. Lessor will use its good faith efforts to resolve the Regency case as soon as possible and notify Lessee. (a) The "Regencv Sites" The "Regency Sites," for purposes of this Agreement, are depicted on the "Map of the Sites" attached hereto and incorporated herein as Exhibit A and are generally described as follows. Site II. That certain portion of a parcel of land located approximately 65' East of the east curb of Mona Boulevard on the south line of 105 freeway on the Los Angeles County Sheriffs Department property. Site 12. That certain portion of a parcel of land located approximately 815' West of the west curb of Alameda Street on the south line of 105 freeway on the Los Angeles County Sheriffs Department property. Site 17. That certain portion of a parcel of land located on the west side of Atlantic A venue on City property north of 105 Freeway. Site 18. That certain portion of a parcel ofland located on the east side of Atlantic A venue on City property south of 105 Freeway. (b) The "Regencv Improvements" The term "Regency Improvements" as used in this Agreement shall mean the following: Site II. A two-sided back-to-back sign, eighty to one-hundred feet (80'- 100") high, fourteen (14') high and forty-eight (48') wide freestanding 6 pole sign; Site 12. A two-sided back-to-back sign, eighty to one-hundred feet (80'- 100") high, fourteen (14') high and forty-eight (48') wide freestanding pole sign; Site 17. A two-sided back-to-back sign, eighty to one-hundred feet (80'- 100") high, fourteen (14') high and forty-eight (48') wide freestanding redevelopment pole sign; Site 18. A two-sided back-to-back sign, eighty to one-hundred feet (80'- 100") high, fourteen (14') high and forty-eight (48') wide freestanding redevelopment pole sign; The actual size of the billboards also can be expanded to incorporate normal extensions and appurtenances used in the industry. S 201.6. Nothing contained in this Agreement shall prevent Lessor from approving licenses for similar bulletin boards for Lessee or other applicants provided that all local, state and federal legal requirements for approval of such licenses have been met. S 20 I. 7. The Lessor shall not permit any other City development or landscaping or privately owned business development or landscaping to be approved that interferes with the line of sight to and from the Improvements as seen from the applicable freeway. The Lessor shall amend their City ordinance to provide for a "line of sight" distance of one thousand feet (1000'), "interference" as only that which interferes with advertising copy and not with other components of the Improvements, and then only when the revenue impact of such "interference" is twenty percent (20%) or greater. .Nothing contained herein shall impose any obligations upon the Lessor to adopt any ordinance to govern the conduct of public utilities. Lessee shall be solely responsible for any negotiations involving the impact of public utilities upon the advertising copy. When, in the sole discretion of Lessor, the applicability of such a change to an ordinance impacts a development project whose value to the City exceeds the remaining amortized value of the consideration received from Lessee, Lessor may elect to approve such a project provided Lessor assists Lessee with the relocation of the Site so impacted including payment of the costs to relocate the Improvements for the remaining term. S 201.8. Lessor may retain the services of a legislative advocate to assist in the procurement of State (CaITrans) excess land for the placement of certain of the improvements. Lessor will acquire fee-title to said Caltrans excess land and immediately quitclaim it to Lessee for the same price that Caltrans demands. Unless the Agreement is mutually extended prior to the termination of this Agreement per Paragraph 202, Lessee will immediately upon said termination quitclaim any rights to said Caltrans land back to Lessor for an amount equal to the amount originally paid by Lessee plus Two (2) Percent compounded per year. Lessor will retain such legislative advocate services only upon a written agreement with Lessee that it will advance Lessor for the fees and costs associated with such services regardless of the outcome of the efforts to acquire the excess land For a period of time of not less than three (3) months from the commencement of such services or the completion of the procurement of the Caltrans property, whichever is shorter. The services may be terminated upon a thirty-day 7 written notice any time after the expiration of the first three months of service. S 202 Term of the Lease S 202.1. Unless sooner terminated as provided herein, the term of this Lease (the "Lease Term") or term of the Development License ("License Term") shall begin on the first day that the Lessor approves the Lease (the "Commencement Date"). and expire on the thirtieth (30 annual anniversary of the Commencement Date (the "Termination Date"). The Parties must mutually execute this Agreement within Two (2) days after the Commencement Date. Notwithstanding any other provision ofthis Lease to the contrary, from and after the Termination Date, Lessee shall have no further right, title, or interest in or to the Sites, nor any further obligation under this Lease except for unfulfilled obligations of Lessee incurred prior to the Termination Date. Upon the termination of this Lease, and if the Lease term or the License term are not otherwise extended by mutual agreement, the Improvements which are trade fixtures of Lessee, shall be removed and Lessor must grant written permission and assist the Lessee, at no cost to Lessor, in relocating the State permits back onto private properties.No sign structures will be built until both parties mutually agree and all applicable provisions of the Municipal Code have been met. Such assistance shall not constitute approval for the erection of new improvements at the private properties. S 202.2. Notwithstanding any provisions of this Lease to the contrary, this Lease shall terminate as to all Parties and become null and void if (i) pursuant to mutually agreed termination; or (ii) if the consideration pursuant to Section 30I.l is not delivered by Lessee to Lessor, given no third party interference with the implementation of this Lease via the judicial or legislative process or otherwise. However, in the event that the Lessor has not acquired any of the City Parcels within sixty (60) days of the Commencement Date, or it is determined by a court of competent jurisdiction that the Lessor does not have the authority to lease the Sites, or any portion thereof; the Lessee shall have the right but not the obligation, to terminate this Lease with respect to the Sites or the unauthorized portion( s) of the Sites, only following written notice to the Lessor. In the event of such a termination of the event, and the Rent Amount shall be adjusted as provided in Section 301 hereinafter or Lessee shall have the option to substitute a similar number of sites from the sites listed in Section 102 except for Sites 2 and 3.. S 202.3. At the termination of this Agreement only pursuant to the terms of this Agreement, Lessee shall execute, acknowledge and deliver to Lessor, within thirty (30) days after written demand by Lessor, a valid and recordable quitclaim deed covering the City Parcel Sites and the Improvements, free and clear of all liens and encumbrances and the Lessor shall within their written demand return all unearned fees in proportion to the contract length paid by Lessee pursuant to this Lease less any remedies only granted pursuant to this Lease. S 203 Term of the Lease on Privatelv Owned Parcels Regarding the Sites that are located on privately owned parcels ("Private Parcels"), the applicable terms of this Lease apply, including but not limited to, the length of the Lease and the removal of the improvements upon the expiration of the Lease, as specified in this S 202.1, shall apply to the length of the City permits and accompanying improvements that are associated with and located on the Private Parcels. 8 ARTICLE 3. RENT AND DEVELOPMENT FEE S 301 Rent Amount and Development Fee Lessee shall pay Lessor rent and/or development fees, in advance, in the amount of One-Million- Two-Hundred- Thousand Dollars ($1,200,000.00) or development fee Gointly the "Rent Amount") which One-half of the Rent Amount is due within Four (4) months of the Commencement Date for three of the six Sites that Lessee chooses from the Selected Sites and after which Lessee can immediately commence construction on the first, second and third sites of the Selected Sites and corresponding Improvements. The Second-half of the Rent Amount is due Ninety days thereafter and after which Lessee can immediately commence construction on the fourth, fifth and six sites of the Selected Sites and corresponding Improvements. While the preceding sentence restricts commencement of construction of the Sites and Improvements, the commencement of the engineering and other staff functions are not restricted and can begin immediately after the Commencement Date as long as Lessee pays the applicable staff fees that are associated with those services mentioned in Paragraph 402.. The Rent Amount represents a rental rate or development fee of Two-Hundred-Thousand ($200,000.00) Dollars per Site for each of the Selected Sites subject of this Agreement. Said amounts shall not be subject to any prorations or adjustments under any circumstances and shall be considered fully earned upon payment regardless of future adjustments or relocations of the Improvements. The City Manager has the authority to grant a reasonable extension to the Four (4) months if Lessee can reasonably demonstrate that a financing of the Rent Amount is reasonably close to finalizing and such extension shall not be unreasonably withheld. Such an extension shall not exceed an additional Two (2) months under any circumstances. S 301.1 Within Five (5) days of the required execution of the Agreement as specified in Section 202.1, Lessee shall provide the Lessor with written notice thereof, in a form acceptable to Lessor, that Lessee has dismissed their Superior Court of the State of California, County of Los Angeles case number BS091177 with prejudice and that Lessee has dismissed their United States District Court, Central District of California case number 01-08584 with prejudice and waives any and all claims against the City, its elected officials, staff, and attorneys arising from all course of conduct up to the time of the entering into the new lease for the locations stated above. S 301.2 Lessor and Lessee will work together to relocate the State Permits to allow the locations listed in ~~ 102 and 103, and Lessee shall reimburse Lessor for any and all costs associated and incurred and to be incurred by Lessor in extending such cooperation. S 301.3 Upon the delivery of the rental amount specified in 3 301 and upon the written conformation, in a form acceptable to Lessor, that Lessee has dismissed their Superior Court of the State of California, County of Los Angeles case number BS091177 with prejudice and that Lessee has dismissed their United States District Court, Central District of California case number 01-08584 with prejudice as required by Section 301.1, the Lease and the obligations of the Parties shall be vested and the Parties expressly waive the necessity for substantial construction of the improvements 9 to prove a contractual vesting. S 302 Charitable Advertising During the term of this Lease, Lessee agrees to offer two (2) billboard face months per year on any of the Sites, free of charge excluding production, to charitable and civic advertising on a space availability basis to any nonprofit charitable organization or to the City of L ynwood to advertise various civic activities. S 303 Lvnwood Chamber of Commerce Advertising During the term of this Lease, Lessee agrees to offer any of the Sites on a space availability basis and at a ten (10%) percent discount off the listed rate to any registered member of the L ynwood Chamber of Commerce. S 304 Utility Costs S 304. I Lessee shall be solely responsible for all utility costs associated with construction, operation and maintenance of the Improvements. S 304.2 Lessee shall, if possible, arrange for utility service(s) to be provided to the Sites and Improvements through a separate meter(s) from any meter(s) providing utility service(s) to the City Parcels. Until such time as Lessee obtain separate metering of utilities, Lessor shall determine in its reasonable discretion what portion of each utility bill is attributable to the Improvements, and Lessee shall pay Lessor their share of each utility bill within fifteen (15) days of Lessor providing Lessee with notice of the amount due. If Lessee shall fail to pay such amount to Lessor within the time specified by Lessor, Lessor may (i) seek to have the utility company terminate utility service to the Sites and Improvements or (ii) pay the entire utility bill, and the amount paid by Lessor on Lessee's behalf and the amount of all costs, expenses, interest and penalties connected therewith, including attorneys' fees, together .with interest at the rate of three percent (3%) over the prime rate of the largest bank operating in the State of California on the date payment is made by Lessor, shall be deemed to be and shall be payable by Lessee as additional rent and shall be reimbursed to Lessor by Lessee on demand. S 305 Mutual Agreement to Offer Real Estate as Consideration Provided the Lessor makes a request, and upon mutual agreement of the Parties, any of the cash consideration deadlines associated with the Rent Amounts can be delayed for a reasonable time in order for each Party to consider and evaluate accepting the alternative form of consideration of real estate located within the City limits of Lynwood in lieu of a tender of cash. S 306 Encumbrance on the City Parcel Sites/Improvements Upon Lessor's written consent, which consent can not be unreasonably withheld, Lessor hereby acknowledges that Lessee can and may encumber the Sites, the Improvements or Lessee's leasehold interest pursuant to this Lease during the term of this Lease. 10 ARTICLE 4. DEVELOPMENT OF THE SITES 9401 Scope and Schedule of Development Lessee shall construct the Improvements upon the Sites in accordance with (i) the Governmental Approvals, and (ii) building plans, drawings and specifications approved by Lessor. The Improvements shall be completed within six (6) months after the final Governmental Approvals are obtained by Lessee. Failure to complete the Improvements within such time shall be deemed a breach of trus Lease given no tbird party interference with the implementation of this Lease via the judicial process or otherwise. 9 401.1. Lessor and Lessee acknowledge that the approval of tbe engineering, or any construction related to tbisLease, is a ministerial act that must be approved as long as the Lessee is in conformance with tbe Lynwood Municipal Code and tbe Uniform Building Code and provided tbe Lessor has been paid all funds due under tbis Agreement. After the Commencement date and in order to carry out said ministerial act, the Lessor shall approve in writing, or provide a specific list of written corrections that detail the specific construction changes required to approve, any and all engineering and construction related to the Sites and/or Improvements that is in conformance with this Lease and witbin twenty (20) days after a written request has been delivered by tbe Lessee. If the Lessor provides said list of written corrections to Lessee, the Lessor shall approve in writing the corrected engineering within ten (10) days after it is resubmitted to Lessor. 9 402 Cost of Construction The cost of constructing the Improvements and all additional work required for tbeir operations on tbe Sites in accordance with this Lease shall be borne solely by Lessee. Besides the Rent and Development Fee listed above in Article 3, the Lessor will not waive any fees and the Lessee will have to pay any other fees presently in effect and such other fees as may apply in the future and which are not an equivalent to an additional Rent and/or Development Fee. 9 403 No Construction Before Notice on the City Parcel Sites Regarding the initial construction only, no work of any kind shall be commenced on tbe City Parcel Sites and no building or other materials shall be delivered to tbe City Parcel Sites for construction of any improvements, nor shall any other building or land development work be commenced on or building materials be delivered to tbe City Parcel Sites, until at least two (2) days following notice by Lessee to Lessor of the intended commencement of such work or the delivery of such materials. Following the Termination Date, no new construction work of any kind shall be commenced on tbe City Parcel Sites and no building or other materials shall be delivered to the City Parcel Sites for construction of any new improvements or reconstruction of any existing improvements nor shall any other building or land development work be commenced on or building materials be delivered to the City Parcel Sites. 9404 Notice of Non-Responsibility on the Citv Parcel Sites II Lessor shall, at any and all times during the term of this Lease, have the right to post and maintain on the City Parcel Sites and to record as required by law any notice or notices of non- responsibility provided for by the mechanics' lien laws of the State of California. S 405 Mechanic, Materialman, Contractor or Subcontractor's Liens on the City Parcel Sites Subject to the right to contest as hereinafter provided, Lessee shall keep the City Parcel Sites, including all buildings and improvements now or hereafter located on these Sites, free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to these Sites or Improvements. Lessee shall promptly (i) pay and discharge, or cause these Sites to be released from, any such lien or claim of lien, or (ii) contest such lien and furnish Lessor such bond as maybe required by law to free these Sites from the effect of such lien and to secure Lessor against payment of such lien and against any and all loss or damage whatsoever in any way arising from Lessee's failure to payor discharge such lien. In the event Lessee provides a bond in lieu of paying or discharging a lien as set forth herein, and Lessor is unable despite reasonably diligent effort to obtain an endorsement to any existing title policy in favor of Lessor insuring Lessor's interest in the Sites free and clear of any such liens that have not been paid or discharged, Lessee shall, at their sole cost and expense, within thirty (30) days of Lessor's written request therefore, provide Lessor with such endorsement. If Lessee fails to pay and discharge, or cause these City Parcel Sites to be released from, any such lien or claim of lien or to provide a bond as permitted hereunder within thirty (30) days after service on Lessee by Lessor of a written request to do so, then Lessor may pay, adjust, compromise and discharge any such lien or claim of lien on such terms and in such marmer as Lessor may reasonably deem appropriate. In such event, Lessee shall, on or before the first day of the next calendar month following any such payment by Lessor, reimburse Lessor for the full amount so paid by Lessor including any actual and reasonable attorneys' fees or other costs expended by Lessor, together with interest thereon at the annual rate of interest equal to three percent (3%) over the prime rate of the largest bank operating in the State of California as of the close of business on the date of payment by Lessor, or the highest lawful rate, whichever is less, from the date of payment by Lessor to the date of Lessee's reimbursement of Lessor, Upon substantial completion of any work of improvement on the City Parcel Sites during the term of this Lease, Lessee shall record or cause to be recorded in the Official Records of Los Angeles County a notice of completion. Lessee hereby appoints Lessor as its attorney-in-fact to record the notice of completion, which appointment shall only become effective upon Lessee's failure to record such a notice of completion within ten (10) days after the work of improvement has been substantially completed; provided, that Lessor shall not be obligated to record such a notice of completion and the failure of Lessor to record said notice shall not excuse the failure of Lessee to discharge its obligation to record said notice of completion. S 406 Lessor's Right of Access During Construction At any time that construction relating to the Improvements is being undertaken by a Lessee, Lessor's City' Manager or his designee( s) shall have the reasonable right of access to all 12 areas of the Sites and all license areas, without charges or fees, during normal construction hours for the purposes of this Lease, including, but not limited to, the inspection of the work being performed in constructing the Improvements. Lessor shall provide reasonable prior notice to the Lessee prior to entering upon the Sites and shall seek to minimize interference with such Lessee's use of the Sites as much as is reasonably feasible. Such entry shall be in compliance with all applicable safety rules and regulations. Lessor shall indemnify, defend, and hold harmless such Lessee from and against any claim, liability, losses and damages caused by Lessor during any such inspections, and shall be responsible for the prompt repair and/or restoration of any such damage caused by Lessor during any such inspection. The provisions of this Section 406 shall not be deemed to waive, modify, or affect in any manner any right of access and/or inspection which Lessor has under any other provision of law, including but not limited to its rights as the issuer of any building permit for the Improvements. S 407 Local, State and Federal Laws Lessee shall carry out the construction, operation and maintenance of the Improvements in conformity with all applicable laws, including all applicable federal and state labor standards and requirements. ARTICLE 5 USE OF THE SITES AND IMPROVEMENTS S SOl Use of the Sites and Improvements Lessee covenants and agrees for itself, its successors, its assigns and every successor in interest to the Sites and Improvements or any portion thereof, that during construction and thereafter through the remainder of the term of this Lease, such Lessee, such successors and such assignees shall develop, use, and maintain the Improvements in accordance with this Lease. At no time during the term of this Lease shall Lessee use or permit the use of the Sites and Improvements for the purpose of promoting, advertising or endorsing the following products or services: (i) alcohol, (ii) tobacco, and (iii) adult businesses or any sexually oriented or sexually suggestive materials. To the extent that any use of the Sites and Improvements is made that is violative or this limitation, Lessee shall be solely responsible for the removal of the violative material and Lessor shall bear no responsibility or obligation for the use of its discretion in requesting that materials be removed it believes not to be in conformance with this provision. As used herein "adult business" shall mean any establishment that is characterized by an emphasis on the display of the male or female anatomy or which feature nude or semi-nude persons. S 502 Maintenance Obligations 502.1 Lessee shall maintain, repair and operate the Improvements on the Sites, or cause the Improvements to be maintained, repaired and operated, in a first class condition, free of debris, waste and graffiti, and in compliance with the terms of Lessor's Municipal Code, and the following: a. All Improvements on the Sites shall be maintained in good condition in accordance with the custom and practice generally applicable to high quality billboards and message boards, and in conformance and compliance with all plans, drawings and related documents approved by Lessor pursuant to this Lease, and with all conditions of approval, 13 including cleaning, repamtmg, or resurfacing, as appropriate, of all exterior surfaces of the Improvements, preventative maintenance, and repair or replacement of any items on the sign structure which are not in excellent working order and condition. b. The Sites and the Improvements shall be kept clean and clear of refuse and obstructions, and all garbage, trash and rubbish shall be lawfully disposed of. c. Lessee's maintenance and operation obligation for the Improvements shall include providing or paying for all necessary utilities such as electricity and communications services and any security device(s) or service(s) required to assure the Improvements are not subject to vandalism. d. Lessee shall make necessary and appropriate capital improvements to preserve the Improvements, including, but not limited to, from time to time making such improvements and replacements which take into account state of the art, technological and other changes in the maintenance and operation of high quality advertising sign operations. e. Lessee shall have full responsibility for the operation and maintenance (including repair, restoration and reconstruction) of all of the Improvements and the costs thereof, and the Lessor shall have no liability for costs of such operation and maintenance or for any claims arising from the operation and maintenance (including repair, restoration and reconstruction) of such improvements. S 503 Management of the Sites and Improvements At all times the Sites and Improvements shall be managed or caused to be managed by Lessee in a prudent and business-like manner as necessary to maintain the Sites and Improvements in a first-class condition. Lessee shall provide, or cause to be provided, personnel and services necessary to enable operation of the Improvements. All services shall be provided in consideration for the granting of this Lease and no amount shall be payable by Lessor for such services. S 504 Ouiet Eniovrnent Lessor hereto covenants and agrees that Lessee, by keeping and performing the covenants herein contained, shall at all times during the Lease Term of the City Parcel Sites and during the Lease Term and thereafter for the Private Parcel Sites, peaceably and quietly have, hold and enjoy the Sites and Improvements. S 505 Hazardous Substance S 505.1. "Hazardous Substance" as used in this Lease means any substance, material or waste which is or becomes regulated by the United States govermnent, the State of California, or any local or other govermnental 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 14 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 II 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. S 505.2. The development, construction and uses of the Sites permitted under this Lease do not require the presence of any Hazardous Substance on the Sites, except for those customarily used in the ordinary course of business for such development, construction and use of the Improvements. S 505.3. Lessee shall not bring or allow to be brought onto the City Parcels Sites or use or store on the City Parcel Sites any Hazardous Substances without the prior express written consent of Lessor, except for those Hazardous Substances (including without limitation fuel stored in motor vehicles) customarily used in the ordinary course of business in the use and operation of the Sites for the Improvements. S 505.4. The following covenants pertain to Lessee's occupancy and use of the City Parcel Sites and Improvements except for those Hazardous Substances customarily used in the ordinary course of business: a. No underground storage tanks for Hazardous Substances shall be installed without the prior written approval of Lessor. b. Lessor, or its officers, employees, contractors or agents, shall at all times have the right to go upon and inspect the City Parcel Sites and Improvements and the operations conducted thereon to assure compliance with the requirements herein stated. Lessor shall provide reasonable prior notice to Lessee of such entry, and shall seek to minimize interference with Lessee's use of these Sites and Improvements as much as is reasonably feasible. Such entry shall be in compliance with all applicable safety rules and regulations. This inspection way include taking samples for testing of substances and materials present and/or testing soils on these Sites and Improvements. Lessor shall indemnify, defend, and hold harmless Lessee from and against any claims, liabilities, losses, and damage caused by Lessor during any such inspections, and shall be responsible for the prompt repair and/or restoration of any such damage caused by Lessor during any such inspection. c. Lessee shall be responsible for posting on the Sites and Improvements any signs required by Section 25249.6 of the California Health and Safety Code and regulations promulgated pursuant thereto. Lessee shall also complete and file any business response plans or inventories required by chapter 6.95 of the California Health and Safety Code and regulations 15 promulgated pursuant thereto or any successor thereto. Lessee shall concurrently file a copy of any such business response plan or inventory with Lessor. d. Lessee shall immediately notify Lessor in writing of the release of it or any of its officers, agents, contractors or employees of any Hazardous Substance on the City Parcels Sites and Improvements in violation of applicable law. e. Lessee shall, to the extent required by applicable law, immediately remove any Hazardous Substances located on the City Parcel Sites or Improvements caused by Lessee and/or its officers, agents, contractors or employees and shall immediately dispose of such Hazardous Substances in a safe and legal manner. Lessee shall immediately disclose to Lessor its disposal of any Hazardous Substance which was released upon the City Parcel Sites and/or Improvements by Lessee and/or its officers, agents, contractors or employees, and upon Lessor's written request, shall provide written documentation of its safe and legal disposal. !i 505.5. Lessee shall be responsible for and bear the entire cost of removal and disposal of Hazardous Substances released upon or brought upon the City Parcel Sites by Lessee and/or its officers, agents, contractors or employees during the Lease Term, including, but not limited to, such substances identified after the expiration of the Lease Term, Lessee shall also reimburse Lessor for any and all clean-up costs incurred by Lessor as a result of that Lessee's activities anywhere on the City Parcel Sites. Removal and disposal of Hazardous Substances shall be deemed to include removal and disposal, in accordance with all applicable laws, of any equipment or improvement to these Sites contaminated by Hazardous Substances. The foregoing responsibilities shall not apply to any costs that may be created solely by the omission or negligence of Lessor or its officers, agents or employees or any other person other than Lessee. !i 505.6 Lessee hereby agrees to indemnify, defend and hold harmless Lessor and its respective members, officers, agents, employees, contractors and consultants from any claims, actions, suits, legal and administrative proceedings, liability, injury, deficiency, damages, fines, penalties, punitive damages, costs and expenses (including, without limitation, the cost of any cleanup, remediation, removal, mitigation, monitoring or testing of Hazardous Substances, and reasonable attorneys' fees resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Substances by Lessee and/or its officers, agents, contractors or employees on, under, in or about, or the transportation of any Hazardous Substances to or from the City Parcel Sites during the Lease Term; or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation or Hazardous Substances by Lessee and/or its officers, agents, contractors or employees on, under, in or about, to or from the City Parcel Sites during the Lease Term. ARTICLE 6. TAXES, ASSESSMENTS AND OTHER CHARGES !i 601 Payment Generally Lessee agrees to payor cause to be paid, as and when they become due and payable, and before any fine, penalty, interest or cost may be added thereto, or become due or be imposed by 16 operation of law for the nonpayment thereof, all taxes, assessments, franchises, excises, license and permit fees, and other governmental levies and charges, general and special, ordinary and extraordinary, unforeseen and foreseen of any kind and nature whatsoever which at any time during the Lease Term may be assessed, levied, confirmed, imposed upon, or grow or become due and payable out of or in respect of, or become a lien on: (i) the City Parcel Sites and Improvements or any part thereof or any appurtenance thereto; or (ii) this transaction or any document to which a Lessee is a party, creating or transferring an interest or estate in the Sites and Improvements. All such taxes, franchises, excises, license and permit fees, and other governmental levies and charges shall hereinafter be referred to as "Impositions", and any of the same shall hereinafter be referred to as an "Imposition." As to the City Parcel Sites, any Imposition relating to a fiscal period of the taxing authority, a part of which period is included within the term of this Lease and a part of which is included in a period of time after the expiration of this Lease, shall (whether or not such Imposition shall be assessed, levied, confirmed, imposed upon, become a lien upon the City Parcel Sites and Improvements, or shall become payable, during the term of this Lease) be adjusted between Lessor and the Lessee as of the expiration of the Lease so that Lessee shall pay that portion of such Imposition which that part of such fiscal period included in the period of time before the expiration of such term of this Lease bears to such fiscal period, and Lessor shall pay the remainder thereof; provided, however, that Lessee shall not be entitled to receive any apportionment if Lessee shall be in default in the performance of any of the covenants and agreements as provided in this Lease. The failure of Lessee to pay an Imposition that cannot under any circumstances give rise to a lien against the City Parcel Sites and Improvements shall not be a breach of the first paragraph of this Section 601. Lessee hereby agrees to defend, indemnify and hold harmless Lessor and its respective officers, employees and consultants from and against all claims, liability, loss, damage, costs, or expenses (including reasonable attorneys' fees and court costs) arising from or as a result of Lessee's failure to pay any Imposition. Lessee shall be responsible for complying with the provisions of this Section 601 during the Lease Term. S 602 Payment ofImDosition in Installments If, by law, any Imposition may at the option of Lessee be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments and, in such event, shall pay such installments as may become due and before any fine, penalty, further interest or cost may be added thereto; provided, however, that the amount of all installments of any such Imposition which will be the responsibility of Lessee pursuant to Section 601 above, and which are to become due and payable after the expiration of this Lease shall be deposited with Lessor for such payment on the date which shall be one (J) year immediately prior to the date of such expiration. S 603 Lessor Right to Cure If Lessee, in violation of the provisions of this Lease, shall fail to pay and to discharge any Imposition, Lessor may (but shall not be obligated to) payor discharge it, and the amount 17 paid by Lessor and the amount of all costs, expenses; interest and penalties connected therewith, including attorneys' fees, together with interest at the rate of three percent (3%) over the prime rate of the largest bank operating in the State of California on the date payment is made by Lessor, shall be deemed to be and shall be payable by Lessee as additional rent and shall be reimbursed to Lessor by Lessee on demand, provided that Lessee shall have failed to pay such Imposition within ten (10) business days after written notice from Lessor to Lessee of Lessor's intention to pay. S 604 Tax Receipts Lessee shall furnish to Lessor, within forty-five (45) days after the date when any real property taxes, assessments or any other Imposition which could have any affect on Lessor's title to the City Parcel Sites would become delinquent, official receipts of the appropriate taxing authority or other evidence satisfactory to Lessor evidencing payment thereof S 605 Alternative Tax Liability It is agreed that in the event the State of California or any taxing authority thereunder changes or modifies the system of taxing real estate so as to tax the rental income from real estate in lieu of or in substitution (in whole or in part) for real estate taxes and so as to impose a liability upon Lessor for the amount of such tax on the City Parcel Sites, Lessee shall be liable under this Lease for the payment of the taxes so imposed to the same extent as though the alternative tax was a tax upon the value of the City Parcel Sites and Improvements. S 606 Contests The following requirements shall apply to any appeal, objection or contest to any tax or assessment permitted to be made by Lessee under this Lease: the contest, opposition, or objection must be filed before the tax, assessment, or other charge at which it is directed becomes delinquent and written notice of the contest, opposition, or objection must be given to Lessor before the date the tax, assessment, or other charge becomes delinquent. No such contest, opposition, or objection shall be continued or maintained after the date the tax, assessment, or other charge at which it is directed becomes delinquent unless Lessee has met one of the following conditions: (i) paid such tax, assessment, or other charge under protest prior to its becoming delinquent; or (ii) obtained and maintained a stay of all proceedings for enforcement and collection of the tax, assessment, or other charge by posting such bond or other matter required by law for such a stay; or (iii) delivered to Lessor a good and sufficient undertaking in a form reasonably acceptable to Lessor in an amount equal to one hundred twenty-five percent (125%) of the amount in controversy (inclusive of fines, interests, penalties, costs, and other expenses that may have accrued or been imposed thereon) and issued by a surety company authorized to issue undertakings in California, conditioned on the payment by Lessee of the tax, assessment, or charge together with any fines, interest, penalties, costs, and expenses that may have accrued or been imposed thereon within thirty (30) days after final determination of Lessee's contest, opposition, or objection to such tax, assessment, or other charge. Lessor shall not be required to join in any proceedings or contest brought by Lessee unless the provisions of any law requires the proceeding or contest be brought by or in the name of Lessor or any succesor in 18 interest tof the City Parcel Sites. In that case, Lessor shall join in the proceeding or contest or permit it to be brought in Lessor's name but such action shall be without cost or other liability to Lessor and Lessee agrees to pay to Lessor all costs incurred by Lessor in connection therewith. 9 607 Notice of Possessorv Interest In accordance with California Revenue and Taxation Code Section 107.6(a), Lessor states that by entering into this Lease, a possessory interest subject to property taxes may be created. Lessee or other parties in whom the possessory interest is vested shall be subject to the payment of property taxes levied on such interest if created. Lessee acknowledges and agrees that the City Parcel Sites and/or the Improvements thereon, and any possessory interest therein, may at all times after the Commencement Date be subject to ad valorem taxes levied, assessed or imposed on such property, and Lessee further agrees that it will pay, subject to the exercise of any appeal or contest rights, as and when due all such amounts. 9 608 Other Liens Lessee shall not directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any mortgage, lien, encumbrance, or charge on or pledge of the City Parcel Sites or the Improvements, or fixtures and furnishings, or any part thereof, or on Lessee's interest therein, or the rent, additional rent or other sums payable by that Lessee under this Lease. Lessee shall notifY Lessor promptly of any lien or encumbrance which has been created on or attached to the City Parcel Sites and Improvements, or to Lessee's leasehold estate therein, whether by act of such Lessee or otherwise, during the Lease Term. The existence of any mechanic's, laborer's, materialman's, supplier's or vendor's lien, or any right in respect thereof shall not constitute a violation of this Section if payment is not yet due upon the contract or for the goods or services in respect of which any such lien has arisen, or if such lien has been discharged by the posting of bonds or other lien-release security as is provided for such discharge bylaw. ARTICLE 7 OWNERSHIP OF AND RESPONSIBILITY FOR IMPROVPMENTS 9701 Ownership During Term and at Termination All Improvements on the Sites, whether or not constructed or installed by Lessee as permitted or required by this Lease, shall be and remain the property of Lessee and be trade fixtures. Lessee's rights and powers with respect to the Improvements are subject to the terms and limitations of this Lease. ~ 702 Removal ofImprovements at Termination Upon any termination or expiration of this Lease, Lessee shall have the right, or upon the thirty (30) day written demand of the Lessor, the obligation to demolish and completely remove all Improvements from the City Parcel Sites, at its sole cost and expense, and shall return the surface of the land which comprises the Sites to the same condition as it was in on the Commencement Date. All such work shall be completed within three (3) months after the 19 termination or expiration of the Lease. Should the Lessee fail to complete such demolition and removal to the satisfaction of Lessor within the time provided, Lessor may, at its option, undertake any work necessary and Lessee shall reimburse Lessor for all costs incurred by Lessor in such work. S 703 Maintenance of Sites and Adiacent Areas S 703.1 The responsibilities of each Lessee for maintenance of the Sites, the Improvements, and the City Parcels are set forth in Section 502 above. Lessor reserves and shall have the right at all reasonable times to enter the Sites and the Improvements for the purpose of viewing and ascertaining the condition of the same, or to protect its interests in the City Parcel Sites and the Improvements or to inspect the operations conducted thereon, subject to the limitations and requirements for Lessor rights of access set forth in Section 406 of this Lease. In the event that Lessor determines that the Sites or the Improvements are not in a decent, safe, and sanitary condition, are damaged, or in disrepair, or are otherwise not maintained in the condition required by this Lease, Lessor shall have the right, after thirty (30) days written notice to the Lessee with maintenance responsibility and such Lessee's failure to cure the problem within said thirty-day period, to have any work Lessor deems necessary performed for and at the expense of such Lessee. Notwithstanding the foregoing, if Lessor gives written notice to the Lessee with maintenance responsibility that the deficiency is an urgent matter relating to public health and safety, Lessee shall cure the deficiency with all due diligence and shall complete the cure at the earliest possible time but in no event more than forty-eight (48) hours following the submission of the notice, and upon failure of Lessee to perform the required work within such time, Lessor shall have the right to perform such work for and at the expense of such Lessee, Lessee hereby agrees to pay promptly any and all costs incurred by Lessor in having such work done. S 703.2 Except as set forth in Section 502.3, Lessor shall be solely responsible for routine maintenance of all turf or other landscaping on the surface of the ground in the City Parcels, Lessor shall be solely responsible for keeping the City Parcels clean and clear of refuse and obstructions, and all garbage, trash and rubbish. Lessor shall maintain any and all trees on the City Parcels affecting the visibility of the Improvements in such a manner as to assure that the Improvements remain visible to Interstate 105. All such maintenance shall be performed in accord with standard landscaping industry practices to assure to the greatest extent the health of any such trees. The provisions of this Section shall not be deemed to modifY or affect the obligation of Lessee to repair any damage to such landscaping on the City Parcel Sites for which it is responsible under this Lease. In the event that Lessee reasonably determines that the City Parcels are not in a decent, safe, and sanitary condition, are damaged, or. in disrepair, or are otherwise not maintained in the condition required by this Lease, or that the trees for which Lessor is responsible have not been maintained as required by this Lease, Lessee shall have the right, after thirty (30) days written notice to Lessor and Lessor's failure to cure the problem within said thirty-day period, to have any work Lessee deems necessary performed for and at the expense of Lessor. Notwithstanding the foregoing, if Lessee gives written notice to Lessor that the deficiency is an urgent matter relating to public health and safety, Lessor shall cure the deficiency with all due diligence and shall complete the cure at the earliest possible time, but in no event more than forty-eight (48) hours following the submission of the notice, and upon failure of Lessor to perform the required work within such time, Lessee shall have the right to perform 20 such work for and at the expense of Lessor. Lessor hereby agrees to pay promptly any and all costs incurred by Lessee in having such work done. S 704 Waste Lessee shall not commit or suffer to be committed any waste or impairment of the City Parcel Sites or the Improvements, or any part thereof. S 705 Alteration ofImprovements Lessee shall not make or permit to be made any alteration of, addition to or change in the Improvements without the prior written consent of Lessor other than (i) alterations, additions or changes to any sign face(s) as necessary to implement a change in advertising copy; (ii) routine maintenance or repair; or (iii) alterations, additions or changes not open to public view which cost in the aggregate less than an amount equal to Ten Thousand Dollars ($10,000.00), which amount shall be escalated from the date of this Lease in accordance with the CPI. Lessee shall not demolish all or any part of the Improvements except such demolition as necessary to implement a change in advertising copy, without the prior written consent of Lessor. In requesting consent for work subject to this Section 705, Lessee shall submit to Lessor detailed plans and specifications of the proposed work and an explanation of the need and reasons thereof. Notwithstanding the prohibition in this Section 705, Lessee may make such changes, repairs, alterations, improvements, renewals or replacements to the Improvements as are required by reason of any law, ordinance, regulation or order of a competent government authority. S 706 Damage to or Destruction ofImprovements S 706.1 In case of any damage to or destruction of the Improvements, or any part thereof, Lessee shall within ten (l0) days after they become aware of such damage or destruction, give written notice thereof to Lessor generally describing the nature and extent of such damage or destruction. S 706.2 Except as set forth in Section 708 below, in case of any damage to or destruction of the Improvements, or any part thereof, Lessee shall commence the restoration, replacement or rebuilding of the Improvements with such alterations and additions as may be approved by Lessor (such restoration, replacement, rebuilding alterations and additions, together with any temporary repairs and property protection pending completion of the work being herein called "Restoration") within thirty (30) days of such damage or destruction, plus any additional period reasonably required to obtain any Net Insurance Proceeds to be used to pay all or a portion of the cost of such Restoration, and shall complete such Restoration within a reasonable period of time thereafter. As used herein, the term "Net Insurance Proceeds" means the gross insurance proceeds paid by an insurer to Lessee for loss or damage to the Improvements on the Sites, less any and all costs and expenses (including, but not limited to reasonable attorneys' fees) incurred to recover said proceeds. Lessee agrees to promptly commence and prosecute to completion the settlement of insurance proceeds with respect to any event of damage or destruction of the 21 Improvements. S 706.3 Lessee agrees, notwithstanding any other provision of this Lease, that upon any event of damage or destruction to the Improvements during the Lease Term, it shall, at its sole cost and expense, immediately take or cause to be taken such actions and undertake and complete such work as is necessary to assure the safe condition of the damaged Improvements pending the ultimate disposition of the Improvements. ~ 707 Application ofInsurance Proceeds 707.1 Insurance proceeds carried under Article 10 below which are received on account of any damage to or destruction of the Sites or the Improvements or any portion thereof during the Lease Term (less the costs, fees and expenses incurred in the collection thereof, including without limitation attorneys' fees and expenses) shall be applied as follows: .a. Within a reasonable time and in any event within one hundred eighty (I 80) days after the damage to or destruction of the Improvements, Lessee shall furnish, or cause to be furnished to Lessor evidence satisfactory to Lessor (i) of the total cost of Restoration of the damaged or destroyed Improvements and (ii) that the total amount of money available will, when added to the insurance proceeds received and available to pay for the Restoration pursuant to the terms of this Section 707, be sufficient to pay the cost of such Restoration. b. Net Insurance Proceeds received on account of any damage to or destruction of the Improvements, or any part thereof, shall be paid to Lessee or as Lessee may direct from time to time as Restoration progresses, solely to pay (or reimburse Lessee for) the cost of Restoration. Upon receipt by Lessor of evidence that Restoration has been completed, the cost thereof has been paid in full or has been adequately provided for, and with respect to the City Parcel Sites, that there are no mechanic's or similar liens for labor or materials supplied in connection therewith which have not been adequately provided for, the balance, if any, of such proceeds shall be paid to or retained by Lessee. S 708 Waiver of Restoration Obligation Not Applicable S 709 Faithful Performance and Labor and Material (Payment) Bonds: Indemnification; Nonresponsibilitv Notices S 709.1. Lessee agrees to hold harmless and indemnity Lessor and each of its officers, employees and agents against all claims, liabilities, costs, and expenses for labor and materials in connection with all construction, repairs or alterations on the Sites and Improvements occurring during the Lease Term, and the cost of defending against such c1ainis, including reasonable attorneys' fees. S 709.2. At the Request of Lessor, Lessee agrees to procure, or cause the procurement of contractor's bonds covering labor, materials and faithful performance for 22 construction on the Sites and the Improvements in accordance with the following requirements: a. Such bonds shall be in an amount equal to one hundred percent (100%) of the total sum of the construction price in the contract entered into by the Lessee and its general contractor, or, ifthe Lessee is acting as general contractor, in an amount equal to one hundred twenty-five percent (125%) of the total sum of the construction prices to be paid to each sub- contractor. b. Lessee shall, prior to commencement of construction, deliver to Lessor a certificate or certificates from the bonding company or Companies issuing the aforesaid bonds naming Lessor as additional co-obligee under said bonds. S 709.3. Lessor shall have the right to post and maintain on the Sites and the Improvements any notices of nonresponsibility provided for under applicable law, ARTICLE 8 ASSIGNMENT, SUBLETTING, TRANSFER S 80 I Prohibition Against Transfer S 801.1 Lessee hereby represents and warrants that this Lease and its other undertakings pursuant hereto are and will be used for the purpose of Lessee constructing, maintaining and operating the Improvements. S 801.2 Lessee shall not, except as permitted by this Lease, make any Transfer, as hereinafter defined, to any person or entity (a "Transferee") without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessor hereby represents and warrants that it shall approve a Transfer to any Transferee with a net worth (assets minus liabilities) of One Million Dollars ($1 ,000,000.00) or more. Any purported Transfer not permitted by this Articles shall be ipso facto null and void, and no voluntary or involuntary successor to any interest of Lessee under such a Transfer shall acquire any rights pursuant to this Lease. These restrictions shall be binding on any successors, heirs or permitted Transferees of any Lessee. 'Transfer", as used herein, shall mean any assignment or attempt to assign this Lease or any right herein, any total or partial transfer, sale, assignment, lease, sublease, license, franchise, gift, hypothecation, mortgage, pledge, encumbrance, or the like. S 801.3. No voluntary or involuntary successor in interest of Lessee shall acquire any rights or powers under this Lease except as expressly permitted under this Lease. This Lease may not be assigned, nor may a transfer of interest take place without the express, prior written consent of Lessor. S 801.4. During the existence of this Lease, Lessee shall promptly notifY Lessor of any and all changes whatsoever in the identity of the parties in control of such Lessee, or a change in the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information. S 801.5. In the absence of specific express written provision to the contrary by Lessor, a Transfer ofthe Sites and Improvements, or portion thereof, as approved by Lessor, shall not be deemed to relieve the transferring Lessee or any other party from any obligations 23 under this Lease arising on or after the effective date of the Transfer. S 801.6. No provision hereof authorizing a Transfer of Lessee's interest herein shall be construed to authorize an encumbrance of Lessor's fee title to the City Parcel Sites or Lessor's interest under this Lease, and no Lessee shall by any act or deed cloud Lessor's fee title to the City Parcel Sites or Lessor's interest under this Lease. S 802 Exception to Prohibition Against Transfer The prohibition against Transfer established by this Article 8 shall not be deemed to prevent (i) the renting or subleasing or licensing of space for advertisements or displays consistent with the customary uses and practices for billboards and message boards or (ii) the assignment of this Lease to any affiliate of Lessee or joint venture in which Lessee participates provided that Lessee submits evidence satisfactory to Lessor that the principals who own and control Lessee will maintain a majority controlling interest after consummation of such transaction and will have the ability to maintain a majority controlling interest throughout the Lease term. S 803 Investigation of Proposed Transferee S 803.1. In the event that a Lessee requests Lessor's written consent to a proposed Transfer of its interest in this Lease pursuant to this Article 8, such Lessee agrees to provide Lessor with such information, including financial statements, as Lessor may reasonably require in order to evaluate the solvency, financial responsibility and relevant business acumen and experience of any proposed Transferee, Such information shall include, without limitation, a balance sheet of the proposed Transferee as of a date within ninety (90) days of the request for Lessor's consent, statements of income or profit and loss of the proposed subtenant or assignee for the two-year period preceding the request for Lessor's consent, if the same be available (or such other similar information as shall be available at the time the request for approval of the Transfer is made), and a written statement in reasonable detail as to the business and experience of the proposed Transferee during the five (5) years preceding the request for Lessor's consent. S 803.2. Within fifteen (15) days after the receipt of a Lessee's written notice requesting Lessor approval of a Transfer, Lessor shall respond in writing by stating what further information, if any, Lessor reasonably requires in order to determine whether or not to approve the requested Transfer. Upon receipt of such a timely response, such Lessee shall promptly furnish to Lessor such further information as may be reasonably requested. S 803.3. Lessor shall approve or disapprove any requested Transfer for financing purposes within fifteen (15) days after Lessee's request therefore is accepted as complete, and Lessor shall approve or disapprove any other type of requested Transfer requiring Lessor approval within thirty (30) days after Lessee's request therefore is accepted as complete. A failure by Lessor to act within such time shall be deemed disapproval of the request. S 804 Effective Date of Transfer If Lessor consents to any Transfer pursuant to this Article 8, such consent shall not be effective unless and until the Lessee requesting the Transfer gives Lessor notice of completion of 24 the Transfer and a copy of any documents effecting and/or evidencing such Transfer, and unless and until any such Transferee (other than a sublessee) assumes all of the obligations and liabilities of such Lessee under this Lease. S 805. Bankruptcy It is acknowledged and agreed that this Lease is a lease of real property.within all meaning of Subsection 365(b) (3) of the Bankruptcy Code, 11 U.S.C. Section 101 et seq. To the extent not prohibited by provisions of the Bankruptcy Code, including Section 365(f)(1) thereof; Lessee on behalf of itself and its Creditors, administrators and assigns waives the applicability of Sections 541 (c) and 365( e) of the Bankruptcy Code of 1978 unless the proposed assignee of the Trustee for the estate of the bankrupt meets Lessor's standards for consent. Lessor has entered into this Lease with Lessee in order to obtain for the benefit of the Sites the unique types of facilities, businesses, services and goods which Lessee can bring to the Sites; the foregoing prohibition on Transfer or subletting is expressly agreed to by Lessee in consideration of such fact. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act to have assumed all of the obligations arising under this Lease on and after the date of such Transfer. Any such assignee shall upon demand execute and deliver to Lessor an instrument confirming such assumption. S 806. Lessor's Costs Lessee agrees to reimburse Lessor for Lessor's reasonable costs and attorneys' fees incurred in connection with the processing and documentation of any Transfer or change of ownership of this Lease or Lessee's interest in and at the Sites requested by such Lessee, which required Lessor's approval hereunder. S 807 No Waiver The acceptance by Lessor of any payment due hereunder from any person other than a Lessee shall not be deemed to be a waiver by Lessor of any provision of this Lease or to be a consent to any Transfer or subletting. Consent by Lessor to one or more Transfers of this Lease or to one or more sublets of the Sites shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights pursuant to the provisions of this Lease. ARTICLE 9 NO SUBORDINA nON OF LESSOR'S INTERESTS Lessor's interest in the City Parcel Sites under this Lease is a vested landlord's reversionary interest and not just a contractual obligation. Notwithstanding anything which is or appears to be to the contrary in this Lease, no Lessee shall encumber Lessor's interest under this Lease or Lessor's fee interest in these Sites by any mortgage, deed of trust, lien, security instrument, or financing conveyance of uny kind whatsoever. ARTICLE 10 INDEMNIFICATION AND INSURANCE S 1001 Indemnification 25 S 1001.1 Lessee agree to and shall defend, indemnify and hold harmless Lessor and each of its officers, employees, agents, contractors and consultants from and against all claims, liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising from or as a result of the death of any person or any accident injury, loss or damage whatsoever caused to any person or to the property of any person which shall occur on or adjacent to the Sites during the Lease Term and which shall be directly or indirectly caused by or based on the condition of the Sites or any portion thereof or any improvements thereon or development, construction, use or operation of the Sites or any portion thereof or the Improvements by Lessee or any activities of Lessee under this Lease, whether such condition, action or inaction be by Lessee or by anyone directly or indirectly employed by or contracted with Lessee and whether such damage or injury shall accrue or be discovered before or after the termination or expiration of the Lease Term. S 1001.2 Lessee shall not be responsible for (and such indemnity shall not apply to) property damage or bodily injury caused by the willful misconduct or gross negligence of Lessor or any of its designated officers, employees, agents, contractors or consultants. S 1001.3 Lessee acknowledges that Regency has made a variety of claims as to certain rights and entitlements that may conflict with the rights sought by Lessee on this Agreement. As material consideration for Lessor to enter into this Agreement, Lessee agrees to hold harmless and indemnify Lessor, its officers, employees, attorneys, agents, contractors and consultants from and against any such claims that Regency may assert and pursue against Lessor, its officers, employees, attorneys, agents, contractors and consultants. S 1002 Required Insurance During the Lease Term, Lessee at its sole cost and expense shall: a. Maintain or cause to be maintained public liability insurance, to protect against loss from liability imposed by law for damages on account of personal injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of Lessee or under Lessee's control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from the acts or activities in connection with the Sites and Improvements of Lessee or its invitees and sublessees, or any person acting for Lessee, or under its control or direction. Any such property damage and personal injury insurance maintained by Lessee shall name Lessor and each of its respective officers, employees, agents and consultants as additional insureds and shall also provide for and protect Lessor against incurring any legal cost in defending claims for alleged loss. Such personal injury and Property damage insurance shall be maintained in full force and effect during the entire term of this Lease in an amount not less than One Million Dollars ($1,000,000) combined single limit as of the Commencement Date, which minimum amount of coverage shall escalate on the fifth anniversary of the Commencement Date and once every five years thereafter in proportion to the escalation, if any, during such period in the CPr. Lessee agrees that the provisions of this Section 1002 shall not be construed as limiting in any way the extent to which such Lessee may be held responsible for the payment of damages to persons or property resulting from such Lessee's 26 actIVItIes, or activities of its invitees and sublessees or the activities of any other person or persons for which Lessee is otherwise responsible. b. Maintain or cause to be maintained worker's compensation insurance issued by a responsible carrier authorized under the laws of the State of California to insure employers against liability for compensation under the Worker's Compensation Insurance and Safety Act now in force in California, or any act hereafter enacted as an amendment or supplement thereto or in lieu thereof. Such worker's compensation insurance shall cover all persons employed by Lessee in connection with the Sites and Improvements, and shall cover full liability for compensation under any such act aforesaid, based upon death or bodily injury claims made by, for or on behalf of any person incurring or suffering injury or death in connection with the Sites and Improvements, or the operation thereof by Lessee. S 1003 Definition of "Full Insurable Value" Not Applicable. S 1004 General Insurance Provisions S 1004.1. All insurance provided under Section 1002 of this Lease shall be insurance for the benefit of Lessor and Lessee providing such insurance. S 1004.2. All insurance provided under Section 1002 shall be periodically reviewed by the Parties for the purpose of mutually increasing or decreasing the minimum limits of such insurance, from time to time, to amounts which may be reasonable and customary for similar facilities oflike size and operation. S 1004.3. The insurance to be provided by Lessee may provide for a deductible or self-insured retention of not more than Five Thousand Dollars ($5,000.00), with such amount to increase at such times as Lessor may require increases in the policy limits as set forth above; provided, that the percentage increase in the deductible or self-insured retention shall not exceed the percentage increase in the CPI since the last requested adjustment; and provided, further, that Lessee may maintain such higher deductibles or self insured retention as may be approved in writing by Lessor. In the event its insurance does provide for deductibles or self-insured retention, Lessee agrees it will fully protect Lessor and each of Lessor's boards, officers, agents, consultants and employees in the same manner as those interests would have been protected had the policy or policies not contained the deductible or retention provisions. S 1004.4. All insurance herein provided for under Section 1002 shall be effected under policies issued by insurers of recognized responsibility licensed or permitted to do business in the State of California, subject to the reasonable approval of Lessor's City Manager. S 1004.5. Any insurance required to be maintained by Lessee pursuant to Section 1002 may be taken out under a blanket insurance policy or policies covering other premises or properties, and other insureds in addition to the parties hereto; provided, however, that any such policy or policies of blanket insurance shall specifY therein, or supplemental written 27 certification from the insurers under such policies shall specifY, the amount of insurance irrevocably allocated to the coverage to be provided under Section 1002 and provided further, that in all other respects, any such blanket policy shall comply with the other provisions of Section 1002. 9 1004.6. All policies or certificates of insurance shall provide that such policies or certificates shall not be canceled or materially changed without at least thirty (30) days prior written notice to Lessor. 9 1004.7. Copies of policies or certificates of insurance shall be deposited with Lessor together with appropriate evidence of payment of the premiums thereof prior to the Commencement Date. 9 1005 Failure to Maintain Insurance If Lessee fails or refuses to procure or maintain insurance as required by this Lease, Lessor shall have the right, and without notice, to procure and maintain such insurance, The premiums paid by Lessor shall be payable to Lessor as additional rent due from Lessee, to be paid on the first day of the month following the date on which the premiums were paid. Lessor shall give prompt notice of the payment of such premiums, stating the amounts paid and the name of the insured(s). 9 1006 Waiver of Claims Not Applicable. ARTICLE II EMINENT DOMAIN This Lease and the provisions thereof shall not be deemed to constitute a waiver by Lessor of its rights of eminent domain relating to the Sites and the Improvements. ARTICLE 12 DEFAULTS, REMEDIES AND TERMINATION 9 120 I Defaults - General 91201.1. Subject to the extensions of time set forth in Section 1313 ofthis Lease, failure or delay by a Party to perform any term or provision of this Lease constitutes a default under this Lease, The Party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and, in any event, for monetary defaults within thirty (30) days of such failure or delay, and for non-monetary defaults within the time reasonably required for cure with reasonable diligence, not to exceed sixty (60) days plus any period or periods of enforced delay required by Section 1313 of this Lease (the "Cure Period"). 9 1201.2. The injured Party shall give written notice of default to the Party in default, specifYing the default complained of by the injured Party, except as required to protect 28 against further damages, the injured Party may not institute proceedings against the Party in default until the expiration of the applicable Cure Period. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. S 1201.3. Except as otherwise expressly provided in this Lease, any failure or delay by a Party in asserting any of its remedies or rights as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive a 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. S 1202 Legal Action In addition to any other rights or remedies, a Party may 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 Lease. Such legal action must be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California. S 1203 Attorneys' Fees and Court Costs In the event that any Party shall bring or commence an action to enforce the terms and conditions of this Lease or to obtain damages against another Party arising from any default under or violation of this Lease, then the prevailing Party shall be entitled to an award of attorneys' fees and court costs as reasonably determined by a court. S 1204 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Lease, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by any other Party. Upon expiration of the applicable Cure Period, a nondefaulting Party may, at its option, commence an action for damages, specific performance, or any other remedy as is permitted by law for such a default. S 1205 Additional Remedies of Lessor In addition to any remedies provided under Section 1204 of this Lease, if after notice from Lessor of a default Lessee fails promptly to commence to cure such default or if the cure is not prosecuted to completion with all due diligence and in any event prior to the expiration of the applicable Cure Period, Lessor, at its option, may thereafter (but not before): a Correct or cause to be corrected said default and charge the costs thereofto the account of Lessee; b. Correct or cause to be corrected said default and pay the costs thereof from 29 the proceeds of any insurance; c. Continue this Lease and Lessee right to possession in effect and enforce its rights and remedies under the Lease, including the right to recover rent as it becomes due, as provided in Section 1951.4 of the California Civil Code. d. Have a receiver appointed to take possession Lessee's interest in the Sites and Improvements, with power in said receiver to administer Lessee's interest therein, to collect all funds available 10 Lessee in connection with its operation and maintenance thereof; and to perform all other acts consistent with Lessee's obligations under this Lease as the court deems proper; e. Maintain and operate the Sites and Improvements without terminating this Lease. The rights reserved in this Section 1205 shall not create any obligation on Lessor or increase obligations imposed on Lessor elsewhere in this Lease. S 1206 Remedies and Rights of Termination S 1206.1 In the event that at any time during the term of this Lease, and in violation of this Lease, Lessee shall: a. Fail to commence and/or complete the construction of the Improvements as required by this Lease or within the time required by this Lease; b. Abandon or substantially suspend construction of the Improvements as required by this Lease prior to the completion thereof; c. Use the Sites and Improvements for any purpose other than those provided for in this Lease or fail to use the Sites and Improvements in accordance with Section SOl of this Lease; d. Failor refuse to pay to Lessor when due the applicable rents and other sums required by this Lease to be paid by Lessee; e. Failor refuse to pay when due any taxes, assessments or other Impositions as required by this Lease; f. Make or suffer to be made any voluntary or involuntary conveyance, assignment, sublease or other Transfer of the leasehold interest in the Sites and Improvements, or any part thereof, or of the rights of Lessee under this Lease except as expressly permitted by this Lease; g. Commit or suffer to be committed any waste or impairment of the Sites or the improvements, or any part thereof; 30 h. Alter the Improvements in any manner except as expressly permitted by thi s Lease; 1. Fail to maintain insurance as required by this Lease; j. Fail to make full repair and restoration of the Improvements in the event of damage or destruction except as otherwise permitted by this Lease; k. Engage in any financing except as permitted by the terms of this Lease, or any other transaction creating any mortgage on the City Parcel Sites, or placing or suffering to be placed thereon any lien or other encumbrance, or suffering any levy or attachment to be made thereon except as expressly permitted by this Lease; I. Voluntarily file or have filed against it any petition under any bankruptcy or insolvency act or law, or be adjudicated a bankrupt, or make a general assignment for the benefit of creditors; m. Fail to pay when due any payment or charge or otherwise default on any loan secured by a leasehold mortgage permitted by this Lease; n. Abandon or surrender possession of the Sites, or Lessee's interest therein; o. Fail to perform any or Lessee's Hazardous Substances covenants; or p. Fail to perform or comply with any other material term or provision hereof, and any such failure or violation shall not be cured or remedied within the applicable Cure Period; then, in such event, Lessor may, at its option and in addition to any other remedy provided for in this Lease, terminate this Lease and revest in LeSsor the leasehold interest in the City Parcel Sites theretofore transferred, by written notice of its intention to do so sent to Lessee. S 1206.2. Upon termination of this Lease pursuant to this Section 1206, it shall be lawful for Lessor to re-enter and repossess the City Parcel Sites without process of law, and Lessee, in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver peaceably to Lessor immediately upon such termination in good order, condition and repair. Upon such termination title to all Improvements on the City Parcel Sites shall be vested solely in Lessor. S 1206.3. No ejectment, re-entry or other act by or on behalf of Lessor shall constitute a termination unless Lessor gives Lessee written notice of termination in writing as specified in this Lease. Such termination shall not relieve or release Lessee from any obligation incurred pursuant to this Lease prior to the date of such termination, nor shall such termination relieve Lessee of its obligatiops pursuant to Section 702 to remove the Improvements and restore the Sites to its condition as of the Commencement Date. S 1206.4. Termination of this Lease under this Section 1206 shall not relieve Lessee from the obligation to pay any sum paid or payable by it to Lessor or from any claim for 31 damages against a Lessee,. S 1206.5. The right of termination provided by this Section 1206 is not exclusive and shall be cumulative to all other rights and remedies possessed by Lessor, and nothing contained herein shall be construed to defeat any other rights or remedies to which Lessor may be entitled. ARTICLE 13. GENERAL PROVISIONS S 1301 Notices, Demands and Communications between the Parties Formal notices, demands and communications from anyone Party to any other Party shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of Lessor and Lessee, as designated in Section 105 hereof. Such written notices, demands and communications may be sent in the same mariner to such other addresses as any Party may from time to time designate by mail as provided in this Section. S 1302 Time of Essence Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Lease. S 1303 Conflict ofInterest S 1303.1. No council member, official or employee of Lessor shall have any personal interest, direct or indirect, in this Lease, nor shall any such council member, official or employee participate in any decision relating to the Lease which affects his/her personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. S 1303.2. Lessee warrants it has not paid or given, and will not payor give, any officer or employee of Lessor any money or other consideration for obtaining this Lease. S 1304 Nonliabilitv of Lessor Officials and Employees No council member, official or employee of Lessor shall be personally liable to Lessee, or any successor in interest of Lessee, in the event of any default or breach by Lessor for any amount which may become due to Lessee or successor or on any obligations under the terms of this Lease. S 1305 No Partnership Neither anything in this Lease contained, nor any act of Lessor or Lessee shall be deemed or construed by any person to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between Lessor and Lessee. S 1306 Compliance with Law 32 Lessee agrees, at its sole cost and expense, to comply and secure compliance with all the applicable and valid requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the Sites and Improvements, as well as operations conducted thereon, and to faithfully observe and secure compliance with, in the use of the Sites and Improvements, all applicable county and municipal ordinances and state and federal statutes now in force or which may hereafter be in force, including all laws prohibiting discrimination or segregation in the use, sale, lease or occupancy of property. S 1307 Surrender of Property Except as otherwise expressly provided in this Lease, upon the expiration or termination of this Lease pursuant to the terms hereof, it shall be lawful for Lessor to reenter and repossess the City Parcel Sites and Improvements without process of law, and each Lessee, in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver these Sites and Improvements peaceably to Lessor immediately upon such expiration or termination in good order, condition and repair. S 1308 Severability If any provision of this Lease shall be adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. S 1309 Binding Effect This Lease, and the terms, provisions, promises, covenants and conditions hereof; shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. S 13 I 0 Captions The captions contained in this Lease are merely a reference and are not to be used to construe or limit the text. S 1311 No Recording of this Lease This Lease shall not be recorded. S 1312 Enforced Delay in Performance for Causes beyond Control of a Party In addition to specific provisions of this Lease, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to causes beyond the control and without the fault of the Party claiming an extension oftime to perform, including war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or 33 priority (except as to Lessee's obligation to obtain the Governmental Approvals); litigation; unusually severe weather; delays of any independent contractor or supplier; or acts or failure to act of any other public or governmental agency or entity (other than that any act or failure to act of Lessor shall not excuse performance by Lessor). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. If, however, notice by the Party claiming such extension is sent to the other Parties more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. S 1313 Applicable Law Lease. The laws of the State of California Shall govern the interpretation and enforcement of this S 1314 Third Party Litigation and Indemnification S 1314.01 The filing of any third party lawsuit(s) against Lessor or Lessee relating to this Lease or to other development issues affecting the Sites shall not delay or stop the development, processing or construction of the Improvements, approval or issuance of the Land Use Approvals, unless in the good faith in judgment of the Lessor, such delay is required by law. S 1314.02 Subject to the following paragraph, Lessor shall take all actions which are necessary or advisable to uphold the validity and enforceability of this Lease, the Improvements or any of the Land Use Approvals. If this Lease, the Improvements or any of the Land Use Approvals are adjudicated or determined to be invalid or unenforceable, Lessor agrees, subject to all legal requirements, to consider modifications to this Lease, the Improvements or any of the Land Use Approvals to render them valid and enforceable to the extent permitted by applicable law. S 1314.03 In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Lease, the Improvements or any of the Land Use Approvals, Lessee, at its sole cost and expense, shall defend Lessor, its officers, agents and employees from any such legal action, provided that Lessor promptly notifies Lessee of any such legal action against Lessor and cooperates in the defense of said action. Lessee shall be entitled to select counsel to conduct such defense, who may be authorized to represent Lessor as well as Lessee. In such event, Lessee shall also reimburse Lessor for the expense of the Lessor's City Attorney for monitoring the actions of the defense counsel and reporting such actions to the Lessor. However, notwithstanding the foregoing, if Lessor elects to select counsel other than counsel selected by Lessee, Lessor shall be responsible for paying the fees and costs of counsel it selects and may determine, in its sole discretion, to settle or other-wise terminate the litigation. Lessor shall not reject any settlement acceptable to Lessee, provided that Lessee pays any and all consideration which is required for said settlement. Lessee shall have the right to terminate this Agreement if Lessee, in its sole discretion, determines that the cost of defending this Lease, the Improvements or any of the Land Use Approvals has become or is projected to be too costly. If Lessee decides to so terminate this Lease, Lessee will also abandon the Site(s) and Improvement(s) that is (are) being defended. Lessee shall not be relieved of the obligation to pay all costs incurred in defense of the action prior to its decision to terminate this Lease and abandon the Site(s) and Improvement(s). 34 S 1314.04 In addition, Lessee shall indemnify and bold Lessor, its officers, agents and employees harmless against any final judgment(s) or any settlement(s) approved by Lessee arising out of a third-party challenge to this Lease or the Improvements and/or Land Use Approvals. Lessor shall assign to Lessee any rights of recovery against third parties, to the extent that Lessee defends or indemnifies the Lessor under this section. S 1315 Entire Agreement, Waivers and Amendments S 1315.1. This Lease is executed in five (5) duplicate originals, each of which is deemed to be an original. This Lease includes thirty-five (35) pages and two (2) exhibits. This Lease shall become effective on the Commencement Date. S 1315.2. All waivers of the provisions of this Lease must be in writing and signed by the appropriate authorities of Lessor or Lessee. All modifications or amendments to this Lease must be in writing and signed by the appropriate authorities of Lessor and Lessee. S 1316 Approvals Except as expressly provided otherwise in this Lease, approvals required of the Parties shall not be unreasonably withheld, conditioned or delayed. Date: February 42005 A TIEST: ~/~ Andrea Hooper, City Clerk Ramon Rodriquez, Mayor Date: February 4-,2005 BULLETIN DISPLAYS, LLC, a California limited liability corn~y (LESSEE) By: A.-...J.A1 ~h ..-/ Its: ,?~:>/.cJ<iW r APPROVED AS TO FORM: ~~ 'G.&r . Arnoldo Beltran, City Attorney 35 1II~' , -\p_',_ {,:'-: ~\t/) f...n, ,:.,,,,,,,,,, I~I ,,,~-4 , , ,~ -~_.t~,...t-~,._,o \'iU'O\\;- [: :t _,' '\3 ,,',;, ,"ut\\l{\ ~"'l\ , \ r ~ ~ ;)> sr< <\t '% om w ~ " ";:0 ~~m I 10 ;:omm ~5.< ...crm w.....r- ::l -'0 .Q::lLJ 9.3: 111m "2.z ~";l ;:0 (II 0. JJJ;:;;'~ ~~I?, ~*a OD I I I I I I I I -. -.-.J 105 FR l:Clt\!Ay Proiect - Beechwood Ave. (north line of 105 freeway). The configuration will be a two-sided 'Y' and the height of 87 feet Location A - The SUPllQrt cylinder will be on the south side of Beechwood Ave. (the eastlwest street near the intersection of Fernwood Ave. approximately nine-hundred feet west of State st Location B (Preferred) - Relocated across Femwood on City property (Cattrans excess). Scale -1" = 40' PaQe-10f1 #1 ~ _7M__~~~~HWOOD 41.3' -----1 'I I Sign angles, sign location. pole liize '00 pole UU!!,;;;. ~ INC. 7699 Ninth Sln>el,Suilc201 9<jem1Pari<,CA80a21 I'hontIlS6.2I941-1233 f4l<~I$2IM1""145 ions may vary OWMER BULLETIN DISPLAYS, LLC "CREATIVE OuroooR ADVERTISING H 7699 Ninth street, SUite 201 Buena Park, CA 90621 Phone (310) BULLETIN (714)522-6020 fax (71.4} 522-6309 c :\ ~ ~ ~ @ ~ 91' 0" SidewalklFootin ~- Side'fla\K Pole D4' #2 \MPER\~L HwY -- Ilnperla\ HwY Sidewalk Path - Greater Than 44" Proiect -Imperlal Hwy., 40' East of LitUe Alameda SI. (north line of 105 freeway). The configuration will be three sided and triangular shaped or two-sided "V" and the height of 92 feet. Location A - The support cylinder will be on the north side of imperial Hwy. (the eastlwest street) approximately forty feet east of LitUe Alameda St. Location B (Preferred) - Relocated on City property approximately 100' doser to the freeway (Caltrans excess). Location C - Relocated on City property approximately 50' closer to the freeway and overhanging Imperial Hwy. Scale - 1" '" 30' ~05 FREEWAY 'U!!I~c; ~ INC. 7599' Ninth Streoot, Sult..201 BuenaP~,CAtoI21 Phonll {5621 941.1733 fllll {5621 g./,1-4145 OW.ER BULLETIN DISPLAYS, LLC "CREATIVE OuroooR ADVEFmSlNG" 76mf'irdhStreet,SYite201 Buerla Park, CA90621 PMne(31Q)BWET1N (714)522-6020 Fax (714) 522-6309 Sidewalk/Footing Detail Option C Sidewalk Pole 04' , , , , , , '. , " , _/ Impelia\ \1WY Sidewalk Path - Greater Than 44" Proiect -Imperial Hwy., 600 feet East of UttIeAlameda St (north line of 105 freeway). The configuration will be a twO'Sided "V' and the height of 92 feet location A c The support cylinder will be on the north side of Imperial Hwy. (the eastlwest street) approximately six-hundred feet east of Uttle Alameda 51. location B (Preferred) - Relocated on City property approximately 10' closer to the freeway (Caltrans). Location C - Relocated on City property approximately 60' closer to the freeway and overhanging Imperial Hwy. ~-1"=30' , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , #3 \MPER\Al HWY -0 , ' , ' , ' , ' 105 f~EEWAY , ' , ' \ \ , ' , '. , , , , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , , , , , , , , '. ' ~ rn ru :r: - J:>' 2- ~ , , , , , \ , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 8ue~ ~ INC. 769~ Mil1thS1reel, SuillI201 e......puk,CA901l21 1'h00fl(562I$ott-1233 fIlXISti21941-4745 OWIER BULLETIN DISPLAYS, LLC "CREATIVE OuroooR ADVERTISING" 7699 foint1 Street, Suite 201 B4,leoa Part<. CA 90021 Phroe(310) BUllETIN (714)522-6020 Fax (714) 522-S309 '\ 05 fREEWf\'{ Si '8 -0 h - 11 - o ~ 'i o ; c ~ ~ ~ ~ o ~ , I\'DE.LP\-\\~ \f\J~'{ P\-\\\J' Proiect - Approximately 538' West of Westec Way (South side of 105 freeway). The configuration will be either a three-sided and triangular or two-sided back to back and the height of 102 feel. Location A - The support cylinder will be on the south side of Uttfe Alameda Sl. (the eastlwest street) approximately five-hundred-thirty-eight feet west of Westec Way. Location B (Preferred) - Relocated on City sidewalk property approximately 50' closer to freeway. Scale - 1" = 30' (6)^ ~~-YM. \ C~ CONTRACtOR Uc.m49~ UDC DIVERSIFIED INC. 169ll MinlhStrMt, Suite2Ql B...."P....CAilI621 Phono(56219011-tl.>> h_I5621IWt-.41-45 5'6" #4 5'6" OWIER "CREATlVEOUTDOOR ADvamSlNG" 7699 ~ Street, Suite 201 Buooa Park, CA 9re21 Phone (310) BUllETIN (714)522-6020 Fax (714) 522-6309 Sidewalk/Footing Detail Expand Sidewalk .. Under.SideWal . . Footing D ~>/ , , , SidewalK , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , \ , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , .// '\ 05 fRE.E.\f'J~'( 5'6" ELP\-\\po. V'J po. '{ p\-\\\-p-.O Proiecl- Approximately 30. West of Westec Way (south line of 105 freeway). The configuration will be a two-sided back to back and the height of 87 feel. Location A - The support cylinder will be on the south side of Utlle Alameda Sl. (the eastlwest street) .approximately thirty feet west of Westec Way. Location B (Preferred) - Relocated on City sidewalk property approximately 50' closer to the freeway. Scale - 1" = 30' #5 -0 ~ ; 'f1 -0 ~ J7 :2. ~ C~ CON1RIlCfOR Llc.iI2lM9SS UDCa DIVERSIRED INC. 1$19 Ninth SlreM, Sllil. 201 8uGOaI'arl<,CA.90621 Ptl""..(S61)!M14233 fu 15621 9011-41<15 A ow. Eft BULLETIN DISPLAYS, LLC "CREATIVE OUTDOOR ADVEImSlNG" 7699 Nntl Street, Suile201 Buena Park, CA 90321 Phooe (310) BULlEllN (714) 522..6020 Pax (714) 522-6309 QIf"" - I " . '.J-l-..+..J-. ! i I 1.1._,1 +'-l-rTi . +-+_.j-.+---j-' .-t-'--1,-,~'-f-'--1'-'r #6 . Olliw '._.f- -i-..J - L+.~ '1 I I ,I. i-~+-l-. 'Tj-r!i ! ! +. - 1- +.-t-+- -+ -1- . +.- t-+ -t-.+-,+ -1- . :~""-. . I I I I I 105 FREEWAY 471' to Philade{ hia Wa Proiect- Approximaately 471' !::ast of Westec Way (south line of 105 freeway). The configuration will be a two-sided back to back and the height of 87 feet. Location - The support cylinder will be on the south side of the 105 freeway approximately four-hundred-seventy-one feet east of Philadelphia Way, Scale -1" = 30' ,; j' 'UIl. SIP'; ~ INC. ng9NinlhStrMt,SUitfl201 Bu_ Part. CA 90611 PhOllfl{S62J941.1233 r",,(5152J941-4745 OWIER BULLETIN DISPLAYS, LLC "CREA11VE OIflDOOR ADVERnSJNG" 7699 tintl st"eel:, Suite 201 Buena Park, CA 911521 Phooe (310) BUllETIN (714)522-6020 Fax (714) 522-6309 #7 7-- I I I I I i I il \:~ l~ il I ~ ........ .-_....... . Ofr.... . . . ._. ~.i.J Ll-- .+.-t'-:r:t'-1-1.::i : I. f_'t-.T1 .-!=~+l-. . -I-",'-rT Tj I I I . - . I 1_:.. ._' .+-t-+-t--t---t-I-. T-t r -t- ---! _ . ._+_+---+-+-.+-!-. . +._+-+--.+--+ I- -t ......~_; ; I i I I I 66' 0" 105 FR~ cEllVA y 8 94'0" Proiect - Approximately 971' East ofWestec Way (south line of 105 freeway). The configuration will be a two-sided back to back and the height of 87 feet Location A - The support cylinder will be on the south side of the 105 freeway approximately nine-hundred-seventy-one feet east of Philadelphia Way. Location B (Preferredl- Relocated on City property approximately 40' closer to freeway (Caltrans excess). ~-1";30' C~ CON1RAClCR Uc.II2O(lIS8 UDCa DIVERSIFIED INC. 71199Ni~Street,Sllb2Q1 Bu"".f>atk,CA90621 I'hdne(56Z194t.t233 fn(S621114t-4145 "CREATIVE OUTDOOR ADVEFmSING" 7699 tinlh Streel:, Suite 201 Buena Park, CA 90621 Phone (310) BUllETIN (714)522-6020 Fa.( (714) 522-6309 OWIER BULLETIN DISPLAYS, LLC 105 FREEWAY OFFRAMP Proiecl- Long Beach Blvd & Lynwood Rd. (south line of 105 freeway). The configuration will be three-sided and triangular or a two-sided back to back and the height of 92 feet Location A - The support cylinder will be on the west side of Long Beach Blvd. (the north.south street) approximately 15' west of Long Beach Blvd (in Lynwood Rd. dead-end). Scale -1" = 30' ~-10f2 C~ COI<TRACTOR Uc.'I264958 UDCO DIVERSIFIED INC. 7fi9 NinthStreat, Suite 201 Buena PllIk,CA90621 Phonel562IM1-1233 Fu[54i21941.41-45 5 z Q m ~ ::r: OJ '< o #8A OWIER BULLETIN DISPLAYS, LLC "CREA7lVE OUTDOOR ADVERTISING" 7699 NnI1 street, SUite 201 Buena Pad<, CA 90021 Phcoe (310) BUlLETIN (714)522-0020 Fax (714) 522-6309 70S ;:-I?$~ ~>-' ---\ 20' 8" 10' 0" I ~ G> m h :r:. OJ r.2 o Sidewalk/Footing Detail Under Sidewalk ~_____, ting 0 8' , " ,/ ~, , , i ' o -z. Gl '" rn J> () ::r: '" '< o , , , , I , '~_ if , ' , ' , ' -,' (fl i5 ~ ~ #88 Sidewalk Path - Greater than 44" ENTRANCE CALTRANS PARK\NG LOT Proiect - Long Beach Blvd & Lynwood Rd. (south line of 105 freeway). The configuration will be three-sided and triangular or a two-sided back to back and the height of 92 feet Location B (Prefferedl - Relocated on City sidewaik property on the east side of Long Beach Blvd approximately 10' from the Freeway. Scale -1" = 30' Palle-20f2 'Ue,!?'; ~ INC. roll9 Ninlh S!r-. SUit.. Z01 Bu...."PJ.rk.CA9lle1t Phone {5$2j!Ml_t233 Fu (562J 1I41...70C5 OWIER BULLETIN DISPLAYS, LLC .CREATIVE OUTDOORADvemSlNG" 7600 Ninlh Street, Suite 201 Buena Pari<, CA90621 flhme{310) BUllETIN (714) 5ZNI020 Fax (714) 522-6309 I ~ G> OJ ~ :r:. OJ ~ o #9A plATT AVE 105 FREEWAY OFFRAMP Proiecl- Long Beach Blvd & Platt Ave. (north line of 105 freeway). The configuration will be a three sided and tiangular, a two-sided 'Y', or a two sided back to back and the height of 92 feet. Location A - The support cylinder will be 30' east 0 !Long Beach Blvd (the northlsouth street) either at Platt Avenue or approximately two-hundred feet north of Platt Ave. Scale - 1" = 30' PaQe -1 of2 'uel!;''; ~ INC. 16119 MinlhSlrea!, Soite 201 Buena P_rf<, CA9G62l PtwnelS621114t.1233 fu!$62)1l41-4US OWIER BULLETIN DISPLAYS, LLC "CREATIVE OUTDOOR ADVERIlSlNG" 7699 Nnf1 Street Suite 201 Buena Pan<, cA 90021 Phale(3fO)8Ul...lET1N (714)522-6020 Fax (714) 522-6309 ENTRANCE CALTRANS PARK\NG LOT " "'~ ", v~ "~e,-,: ",~~ , , ''--...... 10' au , , , , , , , , , , , , , I o Z Q ~ (') :I: CP ~ " 0 , , , , , , , , Sidewalk/Footing Detail , , , , , I \ ~: , ' , , ' , ' " / '... -- -",-,'" ---- #98 b ;t OJ G> g. OJ <: 0. Sidewalk Path - Greater Than 44" , , , , , , , , , , , , , , , , , , , , , , , , 711~ ,- ):-/ilS-~ .. ~y Proiect - Long Beach Blvd & Platt Ave. (north line of 105 freeway). The configuration will be a three sided and tiangular, a two-sided "V", or a two sided back to back and the height of 92 feet. Location B (Preferred) - Relocated on City sidewalk property on the west side of Long Beach b1vd approximately l' from the Freeway. Scale - 1" = 30' Paae-20f2 6uRP ~ INC. 1699NlfthStreel,SllitD201 BuenIlPariI,CA90621 Phpn~t5ll21!l41.1233 faI562)lMl-4145 , , OW.ER BULLETIN DISPLAYS, LLC "CREATIVE OUTDOOR ADI/ER1IS/NG" 7699 Nnfl Steet. Suite 201 Buena Park, CA 90621 Phooe (310) B\..UETIN (714) 522..6020 Fax (714) 522-6309 Planter Sidewalk -.-' .-' ---' -.-'-- .-.- 105 FREEWAY Proiect - Beechwood Ave. & Femwood (north line of 105 freeway). The configuration will be a two sided "V' and the height of 75 feet Location A - The support cylinder will be on the north side of Imperial Hwy (the eastlwest street) approximately five hundred feet from the intersection of Femwood Ave. Location B /Preferredl - The support cylinder will be on the south side of Imperial Hwy (the eastlwest street) approximately five hundred feet from the intersection of Femwood Ave. (Caltrans excess). Location C - The support cylinder will be on the north side of Imperial Hwy (the eastlwest street), in the planter, approximately five hundred feet from the intersection of Femwood Ave. Scale -1" = 30' #10 \t.\pE,R\p..L K'N'< B fI' 4'0" I I I I I I I I I I ------ l_ r-~-- 85'0' _-I .- .- -.-" --'-. --'- OWNER REGENCY OUTDOOR ADVERTISING. INC. 8S2O Sunset Blvd. 2nd Floor West Honywood. CA SOO69 (310) 667-8883 Fax (310) 667-llO73 c~N~'{ "\05 fReL-\ \ , , #11 ~ NE.'Nf\'< s\-\E.R\ffS OR~ , , , , , , , , Sidewalk/Footing Detail Option A -' \ \ \ I \ \ \ \ \ \ \ \ \ I \ \ \ \ -r\ I \ \ \ , \ \ \ \ \ I \ \ I \ , \ , \ I \ I \ I \ I \ , \ I \ \ \ \ I \ \ I \ , I \ \ I \ I I \ I \ \ \ I \ I I \ I I \ I I \ I I \ I I \ I I \ I I \ I I \ I I \ I I \ I I \ I~\ \ \ 0\ \ I ZI \ IYI \ \ 0:)\ \ I~I \ 101 \ I I \ I \ \ I \ I \ \ I~ I I \ I I \ I \ \ I \ \ I I , \ I \ I I , I I \ I I \ I I I I I \ I I \ I Under Sidewalk Footing 0 8' Pole 04' 22" , , , , , , I :~: , , , ""," -- ---- - Existing Fence Centerlines 8' 0" !'!!!ioo!' Mona Blvd. (south.ne of 105 _l, The cor1f9JIation will be a tv.o-sided back to back: and the he9It d 80 to 110 feet.. Location A. - Relocated to the privae property on the west side d Mona Blvd. location B (Preferred) ~ The support cyinder.,,;1I be east approximateiy 5' east of Mona a.ro on side sidewalk property (the""""""'"" -l. ScaIe-1"=4O' 14' "^""" REGEHCY OOI'DX'lRAtHBmSlNG,INC 8820 Sw1lleI BIYd. 2nd Aoor We5t HoIIpIood. CA90069 (3tO)6S1-8883 Fax(310)6S1-8073 ~ -z. -p ~ ~ o ~500' ~-Monalllvd. (","",,",,of105_). The corfigumIioo wiI be either a ~ V Of two-sided bact to back and the height of 80 to 110 feet. location A * 500' west of Mona Blvd. ScaIe-1-=4O' #12 eNp..'{ '\ 05 fRe CMtffi RS:;BICY OUTOOOR Al:WER11S1NG, INC 88211 s..-t Blvd. 2nd Roar WestHollrM>od.CA.900&9 (110)651.-&3 hni(31O)651-8073 .. \. 43'9" -- tines - - \-I\~~~t~l'l.---- -- ~ Z. Y' t2. o , , , , , , , , , , , , , , , , , , , , , , Proiect - Imperial Hwy. & Mona Blvd. (north line of 105 freeway). The configuration will be either a two-sided "V" or two-sided back to back and the height of 87 feet. Location A - The support cylinder will be on the north side of Imperial Hwy. (the eastlwest street) approximately twenty feet east of Mona Blvd (County). Location B (Preferred) - Relocated on the south side of Imperial Hwy on city property within the city limits of Lynwoood (Caltrans excess). Scale - 1" = 30' \N\PE.R\F\L t\\N'< / / / / / 15'6" '\ 05 fRE.E.\f'J~'{ 'u!!,;;'; ~ 'NC. 769i Nil"thS\nl8l, suit.. 201 8Uflfll,Partl.,CA90621 Phorn>(5621941-12n faxj56219414745 #14 ---------------------- / / / / / / Existing Fence / / OWIER BULLETIN DISPLAYS, LLC "CREA11VE OuTDOOR AOVEImSlNG" 7699 tinlh Street, Suite 201 &lena Park, CA 90621 Phone (310) BUlLETIN (714)522-6020 Fax (714) 522-6309 #15 No plot submitted. Lessor and Lessee will reasonably agree on a plot plan when and if applicable. #16 No plot submitted. Lessor and Lessee will reasonably agree on a plot plan when and if applicable. ~ lJ.J -.../ -.../ "C' #17 Sidewalk/Footing Detail Option B - ~~~I\t~ OOD ~v~ - - '- - - - - - - - Existing Fence ~. - '-'-. 102" f.:. ~ ii/ f:} J.::. <- J "C' 1> ili ,g fi :;:; ~ Sidewalk Path - Greater Than 44" Proiect-AIfanticAve. & FernwoodAve. (north line of 105 freeway). The configuration will be a lw<H3ided back to back and the height of 80-1 00 feel Location A - The support cylinder will be on the west side of A1fantic Ave. (the north/south street) approximately 30' north of Femwood location B (Preferred) - Relocated on sidewalk property approximately 10' north of the Freeway. Scale - 1" = 30' QlM!fR REGENcY OU1l100R ADVERTISING, INC. 8820 Sunset Blvd. 2nd Floor West HoUywood, CA 8llO69 (310) 667_ Fax (310) 667-l1073 70S ~I?~~ ~y ;j .s iif f:2 f.,:;. <- J "(" 15'2" Jo& 'I2/:)LI I t/I\t~ Proiecl- Atlantic Ave & Josephine St, (south line of 1~l." freeway). The configuration will be a two-sided back to back and the height of 65 feet. Location A - The support cylinder will be on the east side of Atlantic Ave. approximately Location B (Preferred) - The support cylinder will be on the east side of Atlantic Ave. (the north/south street) on City sidewalk property approximately 10' south of the Freeway. Scale - 1" = 30' #18 Sidewalk/Footing Detail l' iii ,g fi "" '" /0 \ , ' , ' , ' , ' \~o/-' /) ~ f! f!1 (Jij OWNER REGENCY OUTDOOR ADVERTISING, INC. 8820 Sunset Blvd. 2nd Floor west HoUywood, CA 90069 (310) 667_ Fax (310) 667-8073