TITLE
Recommendation to authorize City Manager to execute an Use Agreement with the Los Angeles County Flood Control District for the use of LACFCD property in Long Beach for a 40-year term.
(Districts 8,9)
DISCUSSION
The Los Angeles County Flood Control District (LACFCD) owns the fee title to certain properties along the east side of the Los Angeles River (Premises), between Osgood Street and Market Street (Attachment). The City of Long Beach (City) desires to develop, construct, maintain, and operate these properties in connection with the DeForest Wetlands Project. The City and the LACFCD are mutually interested in providing quality public parkland for the benefit of the Long Beach community. The LACFCD is willing to cooperate with the City to open the Premises for parkland, as long as the primary function of the property is maintained for flood control purposes. A Use Agreement between the City and the LACFCD will establish the general terms and conditions applicable to the City’s use of the Premises for the development, construction, operation, and maintenance of parkland.
Terms of the Use Agreement will include the following:
· Term: The term of the Use Agreement shall be for 40 years, subject to the LACFCD’s right to terminate. The term may be extended upon written request by the City.
· Permit: Prior to commencing any specific use of the Premises, the City will obtain a permit outlining the specific use of each of the Premises, including approval of any and all plans and specifications of the proposed use. City use shall be subordinate to the LACFCD’s primary use for flood control, water conservation, water management, and utility and transportation purposes.
· Maintenance: The City shall regularly inspect the Premises and maintain them in a safe, clean, and orderly condition. The City shall also be responsible for removing graffiti from the permitted area.
· Indemnification: The City agrees to indemnify, defend, and hold harmless the...
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