TITLE
Recommendation to authorize City Manager to execute a Ninth Amendment to Lease No. 22897 with Gene, Jan, and Michael Todd, for a period of three months, for the sale of Halloween pumpkins and Christmas trees, using the portion of the former Pacific Electric
right-of-way property located between Ximeno and Tremont Avenues.
(District 3)
DISCUSSION
Gene, Jan, and Michael Todd (Todd family) have been selling Halloween pumpkins and
Christmas trees in Long Beach for the past 46 years. They have used the Pacific
Electric right-of-way (PE ROW) property (Attachment A) since 1996. The amendment
will allow the Todd family to sell Halloween pumpkins and Christmas trees from October
1, 2005 through December 31, 2005, using the portion of the leased property located
between Ximeno and Tremont Avenues (Attachment B).
The original property lease with the Todd family was approved by City Council on April
13, 1993, and was executed based on the family's plans to develop the property as a
Christmas tree farm. However, the construction of the tree farm is on hold, due to a
Los Angeles County storm drain project that requires a 50-foot wide temporary
construction easement on the property. The storm drain project has been repeatedly
delayed and it is now tentatively scheduled to begin in March 2007.
Since 1996, the Todd family has requested an amendment to their lease each year, to
allow them to sell Halloween pumpkins and Christmas trees from the property during
the holiday season. The amendment is necessary in order to provide for a fair market
rent during the three-month term, since the Todds are not required to pay rent for the
property under the terms of the initial lease until after the storm drain project is
complete and the tree farm begins. The rental rate has been adjusted to reflect a 5.84
percent increase in the Consumer Price Index (March 2003 to March 2005).
The proposed ninth amendment contains the following major provisions:
= Location: Portion of the former...
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