TITLE
Recommendation to authorize City Manager to execute the Seventeenth Amendment to Lease No. 22897 with Jan and Michael Todd, for a period of three months, from October 1, 2013 through December 31, 2013, for the sale of Christmas trees, using a portion of the former Pacific Electric right-of-way property located between 7th Street and Ximeno Avenue. (District 3)
DISCUSSION
Jan and Michael Todd (Lessee) have been selling Halloween pumpkins and/or Christmas trees in Long Beach for the past 54 years. On April 13, 1993, the City Council approved Lease No. 22897 for the Lessee's use of a portion of the former Pacific Electric right-of-way (PE ROW) property located between Ximeno and Tremont Avenues, for the purpose of operating a seasonal Christmas tree lot. During the 2010 holiday season, it was necessary to move the Lessee to a different portion of the PE ROW, located between 7th Street and Ximeno Avenue (Premises), as shown on the aerial map (Attachment), in order to accommodate the County of Los Angeles' ongoing storm drain project. Although the County of Los Angeles is no longer occupying this area, the Lessee has requested to remain at these Premises for another year. Therefore, a Seventeenth Amendment to Lease No. 22897 is required in order to allow the Lessee to return to the Premises for the 2013 holiday season.
The proposed Seventeenth Amendment contains the following major provisions:
· Premises: Portion of the former PE ROW located between 7th Street and Ximeno Avenue.
· Term: October 1, 2013 through December 31, 2013.
· Rent: A one-time payment of $4,000, due on or before January 15, 2014. This rent amount is unchanged from the prior lease year.
· Authorized Use: The premises shall be used for the seasonal sale of Christmas trees.
· Maintenance/Restoration of Premises: The Lessee shall be solely responsible for maintaining the Premises in good condition, and shall restore the Premises to its original unused state, as deemed satisfactory by the City Manager or his designee.
· Utilities: The Lessee shall be solely responsible for all costs related to the installation and use of utilities at the Premises.
· Insurance: The Lessee shall provide evidence of insurance as required and approved by the City's Risk Manager.
This matter was reviewed by Deputy City Attorney Gary J. Anderson on August 15, 2013, and by Budget Management Officer Victoria Bell on August 16, 2013.
TIMING CONSIDERATIONS
City Council action is requested on September 10, 2013, in order to authorize the execution of the Seventeenth Amendment to Lease No. 22897.
FISCAL IMPACT
Revenue in the amount of $4,000 will accrue to the General Fund (GP) in the Department of Parks, Recreation and Marine (PR). The recommended action will result in a positive impact on jobs. Several part-time jobs will be created by the Lessee to assist in its operation during the three-month period.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
GEORGE CHAPJIAN
DIRECTOR OF PARKS, RECREATION AND MARINE
APPROVED:
PATRICK H. WEST
CITY MANAGER