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34 RESOLUTION NO. 2022-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, ADOPTING CITY
COUNCIL POLICY STATEMENT 2302 (TOWN PLAZA
USE POLICY).
WHEREAS, City Council policies are developed for the purpose of establishing standard p ractices and procedures for , among other things, the use of City property; and
WHEREAS, the City of Culver City (“City”) desires to adopt provisions for the use of Town Plaza to promote the safe and coordinated sharing of the space for commercial, noncomm ercial and expressive activity, to promote City produced and sponsored activities to activate the downtown area, to preserve and promote the aesthetics of the community and to protect the public health and safety in accordance with the provisions and limit ations set forth in the Town Plaza Use Policy (Policy No. 2302) , attached to this Resolution as Exhibit A and incorporated herein by this reference as though fully set forth; and
WHEREAS, in establishing the Town Plaza Use Policy, the City has considered and determined the following:
A. In developing the Town Plaza Use Policy, the City is mindful of the legal principles relating to the regulation of activity on public property.
The City does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States Constitution or the Liberty of Speech Clause of the California Constitution. The City’s Town Plaza Use Policy sets forth limits that are both reasonable and viewpoint neutral and that are also content - neutral time, place and manner regulations. The Town Plaza Use Policy regulates use of the property to protect the health, safety and public welfare, preserve the aesthetics of the space and to promote coordinated use and management of the property for a variety of activities and events; and
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34 B. The Town Plaza Use Policy is directed at energizing the City’s downtown area by providing a commercial center and community space for City produced and sponsored events and other events and activities while ensuring t he protection of the public health, safety and welfare. The provisions address the need to coordinate multiple uses of the limited and heavily trafficked Town Plaza area. The Town Plaza Use Policy is not directed at prohibiting expressive activity but in stead includes provisions to ensure that expressive activity that is compatible with the size and nature of the forum, as well as with the multiple uses of the forum, is allowed.
C. In adopting the Town Plaza Use Policy, the City does hereby take legislative notice of the various decisions regarding forum analysis, viewpoint neutrality, content -neutrality, commercial speech, permitting requirements and the government speech doctrine.
D. Town Plaza was designed and developed by the City to activate the downtown area by providing a venue for City pro duced and sponsored events as well as by providing an outdo or setting for the businesses abutting Town Plaza, in particular for the media and restaurant businesses in this location. The City operates Town Plaza as a limited public forum in order to accommodate multiple uses in a safe and coordinated manner includ ing providing for the safe and convenient circulation of foot traffic and providing for an aesthetically pleasing space for people to shop, eat and attend special events.
E. Coordinating the uses of Town Plaza in a safe manner does not require a reservatio n or permit for all expressive activities and thus activities that are carried out by individuals or small groups, such as leafleting, picketing, and assemblies involving 100 participants or less, do not require a reservation or permit to use Town Plaza. The size, shape and location of Town Plaza is not compatible with gatherings of more than 100 participants without a permit. The permitting requirement for gatherings of more than 100 participants in Town Plaza allows for the coordination of multiple activities in the space, sets forth a process for accessing any additional public services that will be needed for large groups and allows for the City to account for other impacts on the property.
F. To ensure the orderly and compatible use of the forum by mult iple users, those engaged in General First Amendment activities of less than 100 participants are not required to obtain a permit but instead must maintain a distance of three feet from any dining area or other area of Town Plaza temporarily or permanentl y in use by an abutting business. This distancing requirement allows multiple activities to take place in a safe, compatible and coordinated manner and reduces
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34 interference with the businesses in Town Plaza while allowing General First Amendment activities to take place without permits and with the ability to reach any intended audience in the public spaces of Town Plaza.
G. In order to ensure that a ctivities at Town Plaza are conducted in a manner which does not block access or egress to buildings, grounds or facilities all persons engaged in General or Regulated First Amendment Activities are required to maintain a distance of three feet from any doorway or gateway to any building and are required to maintain a clear pathwa y of not less than six feet in width, or ½ the width available for passage, whichever is less, along any sidewalk, path, walkway or passageway between buildings, landscaping or other features restricting general access at Town Plaza . This ensure s the safety and compatibility of multiple uses at Town Plaza and allows those engaged in First Amendment activities to do so with the ability to reach any intended audience in the public spaces of Town Plaza.
H. Town Plaza is a small , elongated area boarded by Culver Boulevard, Washington Blvd and various shops and restaurants and in its main portion is approximately 650 square feet long and 62 square feet wide.
A fire lane also runs down the length of Town Plaza East and must be kept clear of objects that could caus e obstructions should emergency vehicles need to use the fire lane . The City routinely evaluates safety issues when issuing special event permits and has assessed the nature of the forum and determined that Town Plaza can safely accommodate groups of up t o 100 participants without a permit.
Groups of more than 100 participants require a permit in order to ensure that the City can safely coordinate the use of the space, provide for pedestrian and event participant safety, and reduce undue adverse impacts on City property and the surrounding businesses.
I. For activities that require a permit, the order of priority for requests to use Town Plaza gives priority to City produced and sponsored events reflecting the purpose of the forum which is to activate the do wntown area by hosting City produced and sponsored events and then provides priority in reservations to filming -related activities and business activities of Town Plaza adjacent businesses to further the goal of engaging the local merchants. Other events may also request reservations to use Town Plaza in accordance with the provisions in the Town Plaza Use Policy.
J. To coordinate the safe and orderly use of Town Plaza, to maintain the aesthetic attractiveness of the space, and to prot ect the local merchant economy, selling merchandise or materials other than from a storefront/brick and mortar establishment, is not allowed in Town Plaza. A limited exception to this restriction is allowed where the
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34 selling of merchandise is part of an e vent produced or sponsored by the City, or is conducted pursuant to a City permit or a City program for economic development. The exceptions provide for the selling of merchandise for a limited duration coordinated with other events that will not undermin e the local merchant economy or negatively impact the aesthetics or safety of Town Plaza. The vending restriction is not targeted at expressive activity and any impact on expressive activity is incidental to the City’s safety, aesthetic and economic goals.
K. In order to protect the public health and safety, to ensure proper ingress and egress from local business, to provide for adequate pedestrian circulation and to prevent unsafe and unsightly clutter from accumulating, a limited number of temporary t ables or displays, erected by the general public that are not part of a permitted event, may only be erected on a designated sidewalk area within 25 feet of the curb along Culver Boulevard, Washington Boulevard and Irving Place and must be accompanied at a ll times. To ensure the space is open to all, these accompanied temporary tables or displays may be erected on a modified first -come first-serve basis where after seven or more display days in a month an individual or organization must cede priority to others (if any) seeking to erect a temporary table or display.
L. In order to protect the public health and safety, to ensure proper ingress and egress from local business, to provide for adequate pedestrian circulation and to prevent unsafe and unsightly c lutter from accumulating, temporary unattended displays are prohibited except for those displays that are sponsored by the City and are accompanied by a sign or a plaque identifying the display as being sponsored by the City. City sponsored temporary dis plays are City messages expressing the City’s official views and sentiments. City sponsorship requires approval by the City Council and represents government speech.
M. Town Plaza may be reserved for assemblies, parades and other events that are not produced or sponsored by the City and these activities are limited to using no more than 25% of Town Plaza to ensure that the general public may continue to use the space simultaneously for multiple activities. City produced or sponsored events are not limited by the 25% requirement and the reservation for City produced or sponsored events may include the full use of Town Plaza as part of the City’s plan for activating its downtown area.
Where Town Plaza has been reserved for an event, other expre ssive activities are allowed in the reserved area so long as they do not unsafely impede pedestrian traffic or impede the operation of the event or activity for which the space is reserved. This protects the rights of those that have reserved Town Plaza s pace for an event while also protecting the rights of other people to engage in other expressive
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34 activity and to continue to use the reserved area of Town Plaza as long as the use is safe and compatible with the reserved event.
N. The restrictio ns of the City’s Town Plaza Use Policy are both reasonable and viewpoint neutral and are also content -neutral and narrowly tailored to serve a significant governmental interest while also allowing for alternative avenues of communication. The provisions s et forth in the Town Plaza Use Policy provide for the coordinated use of the forum, promote the City’s safety, aesthetic and economic goals to activate the downtown area while avoiding the negative effects of an unsafe, disorganized and cluttered use of the limited space. The Town Plaza Use Policy provides ample avenues for speech activities and expressive conduct and does not limit any activity based on the message or topic of the activity and is intended to ensure that the community can safely enjoy the many multifaceted uses of the forum.
NOW, THEREFORE , the City Council of the City of Culver City, California, DOES RESOLVE as follows:
1. The City Council hereby adopts Council Policy Statement 2302 , as set forth in Exhibit A, attached hereto and incorporated herein as though fully set forth.
2. The City Manager is hereby authorized to format th e attached City Council Policy in a format consistent with other City Council adopted policies and shall include the final version of this adopted Policy with other adopted policies.
3. The City Manager shall distribute the attached City Council Polic y to interested parties, which include, but are not limited to, City Staff.
APPROVED and ADOPTED this day of 2022.
DR. DANIEL LEE, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
JEREMY BOCCHINO, City Clerk HEATHER BAKER, City Attorney
CITY OF CULVER CITY
COUNCIL POLICY STATEMENT Policy Number: 2302
General Subject: Public Services Date Issued: 11/14/2022
Specific Subject: Town Plaza Use Policy Effective Date: 11/14/2022
Resolution No: 2022-R089
______________________________________________________________________
I. PURPOSE:
The purpose of this Policy is to establish policies, rules, and procedures regarding the use of City-owned property and right-of-way located at the intersection of Washington Boulevard/Culver Boulevard in Culver City (collectively, “Town Plaza”), further described in Section III, for various temporary, short -term, events, festivals , community activities and First Amendment activities. Town Plaza is regulated as a limited public forum under the rules and regulations set forth in this Policy. Through the establishment of policies, rules, procedures, and fees for the use of Town Plaza, it is the desire of the City Council of the City of Culver City ( “City”) to activate the d owntown area, by providing a community space for events and activities, while ensuring public health, safety, and welfare is protected as well as to promote the aesthetics and coordinated use of the space . This Policy, through its application and implementation, will ensure that events are compatible in size and type for use of Town Plaza, while balancing the impacts on residential neighbors and local businesses.
II. STATEMENT OF POLICY:
It is the intent of the City Council to provide quality public facilities that are accessible and available f or diverse recreational activities and to ensure community members, businesses and organizations have a safe and enjoyable environment for public events.
III. APPLICABILITY:
This Policy shall apply to the area known as Town Plaza as depicted on the attached map (Attachment No. 1).
IV. DEFINITIONS:
A. CCMC shall mean the Culver City Municipal Code.
B. CCFD shall mean the Culver City Fire Department.
C. CCPD shall mean the Culver City Police Department.
D. City-sponsored shall mean the City is both ( i) participating in an official capacity in the planning, preparation or promotion of the event or activity; and (ii) contributing 25% of the total estimated costs of the event or activity, or at least $1,000, whichever is less. This contribution may take the form of funds, labor, staff time, materials, a waiver of fees, or any combination of the foregoing.
E. Town Plaza -East shall mean the area of Town Plaza as depicted on Attachment No 1. Combined with Town Plaza-West, this ar ea shall b e known as “Town Plaza.”
F. Town Plaza -West shall mean the area of Town Plaza as depicted on Attachment No. 1. Combined with Town Plaza-East, this area shall be known as “Town Plaza.”
V. HOURS OF OPERATION: Town Plaza shall be closed to the pub lic between 2:00 a.m. and 7:00 a.m., ex cept for persons who are actively passing through Town Plaza on the way to another destination.
VI. PERMISSIBLE EVENTS AND ACTIVITIES IN TOWN PLAZA:
A. City-Produced Events and Activities. Examples of City-produced events and activities include, but are not limited to, the Farmers’ Market, summer concert series, Juneteenth, and other activities.
B. City-Sponsored Events and Activities. Examples of City -sponsored events and activities include, but are not limited to, the Annual Holiday Tree Lighting and other similar events.
C. Incidental Business/Commercial Uses by Town Plaza Businesses . Examples of incidental uses include, but are not limited to, r ed carpet events , event décor, restaurant hostess podium s, and other activit ies associated with the business/commercial use of businesses immediately adjacent to Town Plaza.
Incidental business/commercial uses do not require City sponsorship, provided they are conducted in compliance with this Policy.
D. Filming-Related Activities. All filming activities shall be subject to the policies set forth in Section VIII.A of this Policy and Chapter 11.14 of the CCMC.
E. First Amendment Activities: First Amendment Activities shall be subject to the restrictions set forth in Section IX of this Policy.
VII. EVENT AND RESERVATION PRIORITY AND PROCEDURES:
A. Event Priority: Requests for use of Town Plaza for an event will be given the following priority:
1. City-Produced Events.
2. City-Sponsored Events, Activities and Displays . City-sponsored events , activities and displays may be approved based on the following priority:
a. Grantees of Special Event Grants and Performing Arts Grants , or Culver City -based organizations with a cooperative m emorandum of understanding with the City;
b. All other City-sponsored events, activities and displays.
3. Filming-Related Activities.
4. Incidental Business/Commercial uses by Town Plaza adjacent businesses.
5. All other event requests.
B. Reservation Priority : Reservations for the use of Town Plaza shall be considered based on the event p riority set forth in Subsection A. All other reservations shall be made on a first come, first served basis. This Section does not apply to General First Amendment Activities, which may take place without a reservation and shall be subject to the guidelines set forth in Section IX of this Policy. Reservations of Town Plaza for Regulated First Amendment Activities should be made in accordance with Section IX of this Policy.
C. Event Requirements and Procedures:
• Except as otherwise provided in this Section VII.C, all non-City-produced events in Town Plaza are required to obtain City sponsorship, a City- issued special event permit, a license agreement, and insurance. • Incidental Business/Commercial uses by Town Plaza adjacent businesses do not require City sponsorship, but may require a special event permit, depending on the nature of the activity. Such uses also require a license agreement and insurance.
• Regulated First Amendment Activities shall proceed in accordance with Section IX of this Policy.
• Use of Town Plaza is not intended for private events such as weddings, birthday parties, etc.
• The use of Town Plaza requires a refundable deposit and applicable fees, as outlined below.
Town Plaza - West Town Plaza- East
Requirements City Sponsorship City Sponsorship
City-issued special event
permit
City-issued special event
permit
License Agreement License Agreement
Insurance is required,
indemnifying the City
Insurance is required,
indemnifying the City
Refundable deposit varies
depending on scale. Scale
categories outlined below.**
Refundable deposit is
$2,500*
Other Permits and Fees Street Use Permit - Management Fees* paid directly to Hackman Capital
Partners (HCP)/IDS Real
Estate Group (IDS), which
fees depend on the scale of
event.
All other City fees, as
applicable to the specific
event
All other City fees, as
applicable to the specific
event
*HCP/IDS provide maintenance for the Town Plaza-East property. The required deposit and HCP/IDS ma nagement fees are not c overed by the Special Events Grants Program.
**Town Plaza – West Refundable Deposit Categories: The categories vary based on risk and impact on the Plaza. The structure for the refundable deposit is as follows:
Category 1. Major events that include major structures (such as stage, multiple tents), food -related activities and proposed closure of the Plaza.
These large events do not qualify for waiving the deposit.
Deposit: $2,000
Category 2. Filming and other media rentals including still photography. Filming does not qualify for waiving the deposit.
• Filming that requires vehicles and any type of structures on the Plaza.
Deposit: $2,000.
• Low-scale filming/media rentals that do not require any structures or vehicles on the Plaza.
Deposit: $1,000.
Category 3. Smaller events that require only a permit fro m Building & Safety and/or the Fire Department for the placement of a tent, canopy and/or temporary structure. This category qualifies for the deposit to be waived, upon t he discretion and approval of the City Manager or his or her designee.
Deposit: $1,000
Category 4. Events which do not require a permit from the Building and Safety Division and/or the Fire Department and include a small scale scope, i .e., t ables, chairs, pho to backdrop (known a s step and repeats), but does not include tents.
Deposit: $0
D. Approval Process:
1. City Sponsorship. Organizations interested in proposing an event , activity or display in Town Plaza are required to obtain City sponsorship as a first step. City sponsorship can be obtained in two ways:
(a) applying through the City’s annual special event grant process; and (b) applying as an off -cycle grant/sponsorship request to City Council.
The City’s Special Event Grant Program Policy is included as Attachment No. 2.
E. City-Issued Special Event Permit.
Once the City Council approves City sponsorship of an event, an applicant is required to obtain a City-issued special event permit. This p ermit is obtained through the Finance Department and requires approval by and/or add itional permits from various departments, depending on the nature of the event.
Examples of permits/approvals include:
• Public Works Department -
o Environmental/Waste Plan. All events require the submittal of a waste plan to the Environmental Programs and Operations Division.
o Mobility/Traffic Engineering. I f there are street closures involved, Mobility and T raffic Engineering will require a traffic control plan. A street use permit is required for Town Plaza - West.
• Police Department –
o Special Event Po lice Officers - Depending on the scope of the event, special event police officer(s) may be required. o Amplified Sound Permit. If amplified sound will be used, a no - fee amplified sound permit is required through CCPD. This will require signatures from b usinesses and residences located within a 300-foot radius from Town Plaza.
• Fire Department -
o Tent or Fire Permits. If tents or open flames will be used, a no- fee tent or fire permit will need to be obtained through CCFD. o Life Safety Review. If fire la nes are obstructed or large crowds are present, applica nt is subje ct to additional event condition s such as life safety officers , at the discretion of CCFD . (See Attachment No. 1)
The above is not an exclusive list of approvals/permits . O ther permits/approvals may be required, at the City’s discretion, depending on the type and scale of the proposed event.
2. At the completion of the departmental approvals, applicant must submit all required fees and deposits to receive final approval of the special even t permit.
F. License Agreement and Insurance. A license agre ement with the City of Culver City is required to Use Town Plaza for a special event , activity or display. A sample License Agreement, including the City’s insurance requirements, is included as Attachment No. 3.
VIII. ACTIVITIES
A. Filming. The motion pic ture and cr eative economy is the fabric of the City’s history and has co -existed with the businesses and residents of Downtown Culver City for decades and continues to do so.
Filming is permitte d on Town Plaza, in accordance with the requirements of Chapter 11.14 of the CCMC and in coordination with FilmLA. Filming is allowed on a first come, first serve d basis. CCPD coordinates all Film Permits with FilmLA.
B. Incidental Business/Commercial Uses by T own Plaza -Adjacent Businesses .
Examples of incidental business/commercial uses include, but are not limited to, red carpet events, event décor, restaurant hostess podiums, or other activities associated with the business/commercial u se of the businesses immediately adjacent to Town Plaza, as listed in Attachment No. 4.
1. Pass through uses involving solely activities to facilitate a thoroughfare through Town Plaza may be approved through a City street use permit.
2. If the incidental business/commercial use requires full closure of Town Plaza, such closure shall be limited to a maximum of one day . Closure of Town Plaza in excess of one day shall require City Council approval thr ough the City sponsorship process.
3. Incidental business/commercial uses in tended to occupy Town Plaza long term, such as hostess podiums, tables, etc. require an encroachment permit , or outdoor dining license, as applicable . Short term events or activit ies may require a street use permit, special event permit, license agreement and/or other permits/approvals, as applicable, depending on th e scope of the activity/event.
C. First Amendment Activities. See Section IX of the Policy.
D. Street Vending. Street vending is governed by the Culver City Municipal Code.
E. Bicycles and Non-Motorized Mobility Devices. Bicycles, which include electric bicycles, are perm itted in Town Plaza pursuant to CCMC 7.04.250 and this Policy, adopted by Resolution No. 2022-R089. Non -motorized mobility devices, such as skateboards, roller skates, roller bl ades, in -line skates and non - motorized scooters , are permitted to op erate in To wn Plaza pursuant to this Policy, subject to the rules and regulations set forth herein.
Town Plaza i s designated as a pedestrian space. Riders shall operate their bicycle or other non-motorized mobility device within t he designated fire lane (see Attachment 1) while in Town Plaza. All riders shall be restricted to a 3-mph speed limit and shall operate their bicycle or other non -motorized mobility device with due care and shall yield for pedestrians at all times . Riders not within the designated fire lane shall be required to dismount and walk their bicycle or other non-motorized mobility device. Appropriate signage will be posted by the Public Works Department and enforced by the Poli ce Department (See also Section X of this Policy).
F. Smoking. Smoking is prohibited in Town Plaza, pursuant to CCMC Section
9.11.100, et seq.
G. Dogs. Dogs are allowed in Town Plaza , provided they a re restrained by a substantial chain or leas h not exceeding six feet in length, and are in the control of a competent person, pursuant to CCMC Section 9.01.335.
IX. FIRST AMENDMENT ACTIVITIES IN TOWN PLAZA: Except as otherwise provided in this Policy, Fir st Amendment activities shall be regulated b y City Council Policy Statement No. 4008: F ree Speech Guidelines (“Policy 4008”). If there is a conflict between this Policy and Policy 4008, this Policy shall control.
The following provisions of this Policy provide content-neutral time, place and manner regulations, and reasonable and viewpoint neutral regulations for Town Plaza as a limited public forum. The terms “General First Amendment Activities” and “Regulated First Amendment Activities” shall have the same meanings as set forth in Policy 4008 and as restated in this Section IX:
A. Classification of Town Plaza: Town Plaza, as a limited public forum, is suitable for some but not all First Amendment activities, and requires more detailed guidelines for use in order to balance First Amendment activiti es with other necessary public uses of the property.
B. Classification of First Amendment Activities : First Amendment ac tivities are classified as follows for purposes of this Policy:
1. General First Amendment Ac tivities. “General First Amendment Activities” are those typically carried out by indiv iduals or small groups in a public forum, which generally require only limit ed or no regulation in
order to avoid adverse impacts on City property or other persons.
General First Amendment activities are allowed in Town Plaza subject to the restrictions set forth in Section IX of this Policy, without a permit, except as otherwise specifically provided in this Policy, Policy 4008, the CCMC, or other federal, state or City laws, regulations or policies.
General First Amendment Activities include the following:
• Leafleting and distribution of written materials, other than commercial advertising, providing no material is left unattended; • Peaceful picketing or assemblies invo lving less than 100 participants;
• Display of hand-held signs and hand-held banners;
• Solicitation, subject to applicable regulations or policies; • Public speech, discussion and debate;
• Circulation of petitions and collection of signatures; and • Street performances by individuals or groups, which do not involve the use of any stage, display or equipment requiring a permit.
2. Regulated First Amendment Activities. “Regulated First Amendment Activities” may only be conducted in Town Plaza with a City -issued permit. Such activities include the following:
• Parades a nd marches – Parades and marc hes or other moving assembly, which require a parade permit as provided in C CMC Section 9.06.100, et seq., or other applicable regulations or policies;
• Organized assemblies, events, meetings and street performances – Organized assemblies, meetings, demonst rations or similar activities or events not qualifying as parades, but invol ving 100 or more persons shall require an assembly permit. An “organized” activity or event for purposes of this Policy means one that i s (a) advertised or promoted in ad vance of the event by any written means or by any electronic media, e.g. , radio, television or internet; or (b) is advertised or promoted by oral invitation, word of mou th or any other unwritten means more than 72 hours be fore the beginning of the activity or event. An assembly permit is also required for any performance on Town Plaza that involves a total of 100 or more performers and audience members , combined, at any time;
• Amplified sound – Amplified sound, which includes the projection of voice, music or any other sound , by means of amplified sound equipment, including any electronic, mechanical or other equipment or device used to broadcast or project sound above normal conversational levels , is subject is to the restric tions and pe rmit requirements of CCMC Sections 9.04.020 and 9.07.055, or other applicable regulations or policies;
• Tables, displays and equipment – Activities involving the placement of tables, chairs, stages, props or other equipment used
in a First Ame ndment Activity, and/or displays of literature, music, art or other written or recorded materials occupying more than six square feet of ground space on Town Plaza; and
• Unattended signs and displays – Unattended privately placed signs or displa ys are gener ally not per mitted on Town Plaza, except as otherwise provided in this Policy.
C. General First Amen dment Activities. General First Amendment Activities in Town Plaza are allowed where in compliance with the following:
1. Persons engaged in Gene ral First Amendment Activities shall maintain a distance of three feet from any dining area or any other area temporarily or permanently in use by an abutting business. .
2. No activity involving the sale of materials or merchandise is allowed in Town Plaza, other than as part of an event produced or sponsored by the City or conducted pursuant to a permit or pursu ant to a Cit y program for economic enhancement.
3. No tables or other displays may be erected in Town Plaza, o ther than on the sidewalk areas within 25 feet o f the curb a long Culver and Washington Boulevards and Irving Place and cannot block access to or egress from Town Plaza. No more tha n two tables or other displays per curb line shall be present at any one ti me. Space for tables or displays shall be avail able on a fi rst-come, first -served basis. How ever, if an individual or organization has already er ected a tabl e or display in Town Plaza on seven or more days in a calendar month, that individual or organization shall promptly remove the table or display u pon request of another person or individual d esiring to use the space for a table or display.
D. Regulated First Amendment Activities : Regulated First Amendment Activities shall be restricted to the following in Town Plaza.
1. City Events. Events produced or sponsored by the City.
2. Temporary Placement of City-Sponsored Unattended Displays. City- sponsored u nattended displays may be autho rized by permit in special areas designated for such displays within Town P laza. All such displays shall be accompanied by a sign or p laque identifying the City as a sponsor of the display.
3. Assembly and Event Restrictio ns. Assembly, parade or other even ts, except events produced or sponsored by the City, may be permitted in Town Plaza only subject to the condition that the area authorized for use is limited to not more than 25% of the available area in Town Plaza.
E. General Restrictions: In addition to the restrictions set forth in Subsections C and D, above, all First Amendment Activities in Town Plaza shall be subject to t he General R estrictions, set forth in Section III of Policy 4008 and restated as follows:
1. Interference with a ccess. No First Amendm ent Activities shall be conducted in a manner which blocks access or egress to buildings, grounds or facilities. For this purpose, all persons engaging in General or Regulated First Amendment Activities shall maintain a distance of three feet from any doorway or gateway to any building and shall maintain a clear pathway of not less than six feet in width, or ½ the width available for passage, whichever is less, along any sidewalk, path, walkway or passageway between bu ildings, lan dscaping or other featu res restricting general access.
2. Non-interference with other permitted us es. Town Plaza may be temporarily or permanently reserved for use by the City, another government agency, or by any private person or organizatio n pursuant t o a City -authorized per mit, lease or license. In such cases, t he permit, lease, license or other authorization issued for any planned use or activi ty shall des ignate the boundaries of the re served area. General and Regulated First Amendment A ctivities in the reserved area shal l be allowed so long as such activities do not impede pedestrian traffic su ch that a serious safety concern is present or imp ede the operation of an event or activity . This provision shall not be construed to restrict the use of any Town Plaza area that a djoins the reserved area for General or Regulated First Amendment Activitie s by any person, providing only that such activiti es do not in terfere with access and egress to and from the reserved area.
Except where a perm it, lease, l icense or other authori zation has been issued, all First Amendment Activities shall be allowed on a first-come, first-served basis, unless otherwis e provided b y City policies, regulations or use schedules governing the specific facility or area in question.
3. Compliance with other laws. All First Amendment activities shall comply with all applicable p rovisions of the CCMC or other federal, state or C ity laws, re gulations or policies. Persons engaging in First Amendment Activities in Town Plaza shall also comply with any lawfully issued order of any law enforcement officer or emergency personnel.
F. Permit Procedures and Standards: Permits governing Re gulated Firs t Amendment Activities shall be processed under the general procedures set forth in Section V of Council Policy 4008, e xcept as otherwise provided by applicable ordinances. If there is a confli ct between the Permit Procedures
and Standards in Section IX o f this Policy and Council Policy 4008, Section IX of this Policy shall control.
G. Conflict betwe en Policies : If there is a conflict between Section IX of this Policy and Policy 4008, Section IX of this Policy shall control.
X. ENFORCEMENT
A. A sign shall be conspicuously displayed in Town Plaza which states the hours of operation and other Town Plaza policies, rules and regulations, as set forth in this Policy.
B. Persons using Town Plaz a shall comply with all applicable provisions of the CCMC or other federal, state or City laws, regulations or policies.
C. Persons found to be entering, using, or abettin g the use of Town Plaz a in violation of applicable laws and posted notices are subject to removal from the Town Plaza area.
ATTACHMENT NO. 1
DEFINED AREAS OF “TOWN PLAZA” WITH FIRE LANE
Town Plaza-West
Town Plaza-East
FIRE LANE
ATTACHMENT NO. 2
SPECIAL EVENT GRANT PROGRAM POLICY
(Behind this Page)
CITY OF CULVER CITY
COUNCIL POLICY STATEMENT Policy Number: 2502
General Subject: Public Services Date Issued: 01/09/2017
Specific Subject: Special Events Grant Program Effective Date: 01/09/2017
Resolution No: 2017-R006
______________________________________________________________________
I. PURPOSE:
To establish guidelines and procedures for the processing of requests for financial support of special events (including a contribution of funds, labor, staff t ime, materials, a waiver of fees, or any combination thereof).
II. STATEMENT OF POLICY:
The City of Culver City (“City”) shall establish a Special Event s Grant Program (“Program”) which shall define specific parameters for requests for financial support of special event s and objective criteria for the review and potential approval of such requests. The Program shall include an annual, public call for applications ; formal application review by an advisory panel; and transmittal of funding recommendations for City Council review, approval , amendment or denial. This process shall be conducted once each fiscal year to align with the annual budget process.
Through implementation of this Program, it is the City Council’s intent to achieve the following goals and benefits:
• More coordination in administration of City-supported special events through a formal application, review and funding process;
• Enhanced, objective and clearly defined criteria used to evaluate requests for City support;
• Increased transparency of annual budget ing and monitoring of actual costs for financial support of special events; and
• Improved budget reliability through outlined funding and accounting procedures.
III. BACKGROUND:
The City recognizes the community and economic be nefits associated with special events. In turn, the City annually receives regular requests for funding assistance and sponsorship for special events in the form of fee waivers for City permits, in -kind and/or direct staffing services, and cash sponsorshi ps. Rather than evaluating applications at various times throughout the year on a case -by-case basis, and to continue to encourage organizations to produce special events in the City, the City shall impleme nt a more streamlined approach for special event s upport through the Special Events Grant Program.
IV. DEFINITIONS:
• Cash Funding: Cash outlays provided to a Grant Recipient, at not-to-exceed levels, to support any/all associated costs to conduct a special event.
• City-Sponsored Event: Consistent with the criteria set forth in Culver City Municipal Code §17.330.040, an event or activity where the City is both (a) participating in an official capacity in the planning, preparation or promotion of the event or activity; and (b) contributing 25% of the to tal estimated costs of the event or activity, or at least $1,000, whichever is less. This contribution may take the form of funds, labor, staff time, materials, a waiver of fees, or any combination of the foregoing.
• Community/Charitable Eve nts: Small, co mmunity-oriented events that serve or benefit locally based organizations and causes and/or provide recreational, cultural and/or social benefits to Culver City residents.
• Fee Credits: Credits provided to a Grant Recipient, at not-to-exceed levels, to cover charges correlating to amount s of City fees for permits, equipment use, facility rental , and administrative/staff-associated costs to conduct a special event.
• Grant Award: Amount awarded to a Grant Recipient in accordance with Program requirements and this Policy , whether in the form of Fee Credits or Cash Funding.
• Grant Agreement: The document executed by a Grant Recipient and City Manager setting forth the terms and conditions of special event support, and defining the type and amount of financial assistance awarded.
• Grant Recipient : The applicant organization to which Program support is awarded.
• Signature Events: Large-scale, visitor -attracting events that provide a measurable economic benefit to the City , while enhancing the quality of lif e within Culver City with recreational, cultural, social and/or educational activities of interest to the community.
V. PROCEDURES & REQUIREMENTS:
A. ANNUAL BUDGET PROCESS
Annually, the City Manager shall include in the Proposed Budget a recommendation of funding appropriations in support of the Special Events Grant Program. The Chief Financial Officer shall assign designated accounts for the purpose of expensing Fee Credits and Cash Funding as approved through the Program.
B. SPECIAL EVENTS GRANT PROGRAM DETAILS
City support of qualified special events shall henceforth occur through an annual application, review and funding process. The process shall involve a call for applications, a review by an advisory panel of all completed applications received by the submission deadline, the assignment of recommended funding level s for each special event, and the formal review of the recommendations for approval or amendment by the City Council. The process shall be conducted once each fiscal year to align with the City’s annual budget process.
The advisory panel shall consist of a Special Event s Grant Program Ad Hoc Subcommittee of the City Council , which shall be appointed by the City Council upon adoption of this Policy, and each year thereafter during the regular City Council subcommittee appointment process. The Ad Hoc Subcommittee shall be supported by the Chief Financial Officer , his/her designee and/or other staff from the Finance Department.
The Special Event s Grant Program shall provide financial support t o two categories of events:
1. Community/Charitable Events – Events that serve or benefit locally based organizations and causes and/or provide recreational, cultural and/or social benefits to Culver City residents. Culver City-based organizations and even ts that serve the Culver City community specifica lly, receive priority in funding.
Grant Awards will be available at fixed, not -to-exceed levels that correspond to the amount of City fees the applicant is expected to pay.
Successful applicants will be awa rded grants in the form of credits toward
their City fees. If a Grant Recipient incurs costs (fees) higher than the Grant Award, they shall be responsible to pay the City th ose costs and fees not covered by the Grant A ward. If the Grant Recipient’s actual costs are lower than the projected costs set forth in the Grant application , the City shall retain the difference. All Grant Agreements shall include right to audit language.
2. Signature Events – Large-scale events, that promote Culver City regionally, att ract visitors, provide measurable, economic benefits to the City, and enhance the quality of life within Culver City with recreational, cultural, social and/or educational activities of interest to the community.
Grant Awards will be available at fixed, not-to-exceed levels based upon an evaluation of the special event budget, the estimate of City fees, and the estimated economic benefits to the City. Preference will be given to special events where the City’s financial support represent s no more than 25% of the overall special event budget. The City may enter into multi- year agreements with Grant Recipients. All Grant A greements, whether for one year or multi ple years, shall include right to a udit language and measurable objectives and performance measure s for evaluating the event’s marketing and economic impact.
C. APPLYING FOR SPECIAL EVENT GRANTS
1. CALL FOR APPLICATIONS
On or before January 31 of each year, t he City shall issue a n annual Call for Applications for the Program for special events occurring d uring the following fiscal year. A mandatory pre -application meeting shall be held prior to the application deadline . Attendance of all applicants at the pre-application meeting is mandatory.
2. ELIGIBILITY CRITERIA
A. Eligibility: To be eligible to receive City support, applicants must demonstrate that:
a. If the event is a Community/Charitable Event, that it takes place entirely within or immediately adjacent to Culver City.
b. The event is scheduled to take place within City’s annual fiscal year (July 1 through June 30) and the exact date(s), time(s) and location(s) within Culver City have been determined.
c. The applicant has no outstanding debt owed to the City of Culver City.
d. The event is open and accessible to the community/ general public. (Note: Events are not required to be free of charge.)
*The City of Culver City will give preference to Culver City -based organizations and events that serve the Culver City community specifically.
B. Ineligibility: The City will not provide financial support to:
a. Events t hat serve a political purpose or are sponsored by political organizations.
b. Event organizers and organizations that have not fulfilled previous City sponsorship or special event obligations (including post-event financial or performance measurement informa tion), have been in breach of the ter ms of a prior Grant Agreement, or have an outstanding debt to the City of Culver City.
c. Individuals.
d. Invitation-only events ; those events not open to the general public.
3. MINIMUM APPLICATION REQUIREMENTS
To qualify to receive City special event support, all applications must comply with the following:
A. Must be submitted online and on time , and must have complete information. Late or incomplete applications, or applications that do not fully comply with the instructions may not be considered.
B. Must include a copy of the complete special event budget.
C. Must describe measures that will be taken to ensure strong financial management and control over the special event, including cost effectiveness.
D. Must indicate willingness and ability of the organization to enter into a Grant Agreement with the City, a draft version of which will be provided with the application material.
4. EVALUATION CRITERIA
A. Community/Charitable Events applications will be reviewed and evaluated based on the following criteria:
1. The event serves, involves, and/or promotes Culver City, its residents, schools, and/or businesses.
2. The event directly or indirectly benefits the Culver City community; offerin g educational, cultural and/or arts
experiences; and/or providing secular, recreational or
social activities.
B. Signature Events applications will be reviewed and evaluated based on the following criteria:
1. The special event delivers substantive and measurable economic benefits to the City.
2. The special event organizers utilize strategic marketing practices in planning and implementing the event.
3. The special event enhances the quality of life within Culver City with recreational, cultural, social and/or
educational activities of interest to the community.
4. The special event attracts visitors to Culver City.
5. The special event promotes Culver City as a highly
desirable place to live, visit, work and recreate.
6. The special event directly or indirectly benefits or promotes Culver City businesses or entities.
5. OTHER REQUIREMENTS
A. Grant Recipients of Community/Charitable Events and Signature Events: All Grant Recipients will be expected to follow the City’s separate, Special Event Permit Process and submit all necessary forms, business licensing, insurance and fees as required. Applications that do not meet the applicable Special Event Permit requirements and are not subm itted within the specified deadlines risk forfeiting their Grant Award.
B. Signature Event Grant Recipients Only:
o The Grant A greement will in clude mutually agreed upon performance measures for the special event. Event organizers will be required to demonstrate how the special event met, or did not meet, the agreed upon performance measures in a required, post-event report.
o Signature Event Grant Recipients must agree to provide post- event financial statements and allow the City to conduct its own review or audit of them, if requested.
C. Banners: For the purpose of allowing banners to be posted in the public right away, a special event must be s pecifically designated a City-Sponsored Event ( as defined in this Policy and CCMC §17.330.040). Special events receiving Grant Award s do not automatically receive status as a City -Sponsored Event . Applicants seeking City Sponsorship designation, should n ote such request on their application where indicated . The application will be evaluate d to determine whether the criteria for City-sponsorship can be satisfied. If eligible for City-sponsorship, the City Council will consider designating the event a City-Sponsored Event at the time of award of the grant.
D. SPECIAL EVENT GRANTS FUNDING
The purpose of the Program is to provide funding support for qualified special events and to assist with the City fees associated with executing a special event in Culver Ci ty. The purpose is not to fund the entirety of a special event and Grant Awards shall not be awarded for the purpose of covering all of a special event’s associated City fees.
Community/Charitable Event Grant Awards will be offered in the form of fee credits to cover fees associated with executing a special event in Culver City , including, but not limited to permits, equipment use, facility rental and/or administrative and staff associated costs.
Signature Event Grant Awards will be offered in the form of either cash support or fee waivers . Preference will be given to special events where t he City’s financial support represent s no more than 25 % of the overall event budget. All Signature Event Grant Recipients will be required to enter into a Grant Agreement, which should include right to audit language and measurable objectives and performance measure s for evaluating the event’s marketing and economic impact.
In order to track the types of events supported and the level of support provided over time, event support is categorized into the following three-tiered system:
A. Community/Charitable Event Grants*
Tier 1 - $100 - $2,500
Tier 2 - $2,501- $7,500
Tier 3 - $7,501- $15,000 +
*Based upon City Special Event Permit Fee and estimated o r aver age related City fees.
B. Signature Event Grants*
Tier 1 - $1,000 - $10,000
Tier 2 - $10,001 - $25,000
Tier 3 - $25,001 +
*Grant Awards provided based on analysis of related City event fees and economic benefits City will derive from the event.
E. OFF-CYCLE SPECIAL EVENT GRANT REQUESTS
Notwithstanding the provisions of this Policy and the Program requirements, t he City Council retains di scretion to consider additional special event support requests presented outside of the Call for A pplications period set forth in this Policy. All off-cycle special event support requests shall be presented to the City Council, wh ich may authorize transmittal of the request to the Special Event s Grant Program Ad Hoc Subcommittee , for evaluation of the request utilizing the eligibility and evaluation criteria set forth in this Policy.
*This Policy supersedes the Special Event Sponsorship Policy issued on April 11, 2011 by Resolution No. 2011-R023.
ATTACHMENT NO. 3 TO COUNCIL POLICY 2302
ATTACHMENT NO. 3
SAMPLE LICENSE AGREEMENT
(**This is a sample only and may be adjusted for
a particular use of Town Plaza at the City’s discretion.**)
CITY OF CULVER CITY
LICENSE AGREEMENT
WITH: << LICENSEE>>
FOR: USE OF TOWN PLAZA FOR THE
<EVENT NAME>>
The CITY OF CULVER CITY, a California municipal corporation (hereinafter “City”), hereby grants a license to the <<LICENSEE>>, a xxx corporation (hereinafter “Licensee”), for use of a portion of City’s Town Plaza property for the <<NAME OF THE EVENT>> (“Event”).
The City property licensed hereunder shall be referred to as “the Premises .” The license granted hereunder shall be referred to as “Ag reement” a nd shall be subject to all the following terms and conditions:
1. DESCRIPTION OF PREMISES: The Premises identifi ed consist of a portion of Town Plaza , City-owned property , located at 9300 Culver Blvd. Culver City, California, and more specific ally identified on Exhibit A, attached hereto and incorporated herein by reference.
>>Section below, if applicable>>
Licensee will also use the adjacent Culver Steps (Steps), private property, located at 9300 Culver Blvd an d owned by Hackman Capital Partner s (HCP), identified on Exhibit A, a ttached heret o and incorporated herein refe rence. City has obtained authorization from HCP for Licensee to use the Steps for the Event.
2. LICENSE TERM: The Licens e shall commence on <<Start date and time>> and expire on <<end date and time>> (collectively, “License Term”).
3. USE OF THE PREMISES: With the exceptio n of the purposes described in th is Agreement, Licensee shall not be aut horized to use the Premises for any other purpose whatsoever. Licensee may use the Premises only f or the setup, operation and break down of the Event, as m ore particularly described i n the Schedule of Events, attached to Licensee’s Special Ev ent Per mit. The Special Event Permit, including all related attachments, are attached to this Agreement as Exhibit B and incorporated herein by reference. In addition, Licensee may set up certain equipment, and allow certain activity on the Premises, in the l ocations identified in the Special Event Permit and described as follows: <<provide description here>>, as set forth in Exhibit A.
ATTACHMENT NO. 3 TO COUNCIL POLICY 2302
4. SECURITY DEPOSIT: Licensee shall submit to City a refundable deposit i n the amount of $X,XXX as security by <<date due>> which shall be applied by City to repair or replace any broken or damaged property or equipment and perform required maintenance of the Premises not otherw ise performed by Licensee at the conclusion of the Event (See S ection 7 of this Agreement), to pay third party expenses inc urred on behalf of City, as a result of Licensee’s a ctions, and/or to compensate City for time expended responding to complaints or n eeds arising from Licensee’s activities re lated to this Agreeme nt. In the even t the cost o f the expenses described in this Section 4 exceeds the $ X,XXX security deposit, Licensee shall be solely responsible f or such costs and shall pay any outstanding balance within 30 days of the conclusion of the Event.
5. LICENSE FEES AND GRANT AWARD:
a. There are no license fees associated with the use of the Premises; however , Licensee wi ll be responsible for Management Fe es as deemed appropriate by HCP for use of the Steps.
b. (If Applicable) As per City Council meeting on <<date of meeting>>, the Licensee was awarded a <<Special Event Grant/ Performing Arts Grant >> in the amount of $X,XXX (“Grant Award ”). Licensee shall be paid in one lump sum up to the maximum amount of the Grant Award within 30 days after the C ity receives an invoice from the Grantee of Event expenses and a copy of the Event flyer describing the performance.
6. COMPLIANCE WITH LAWS AND CITY REQUIREM ENTS: Licensee shall comply with all federal, state and local laws, statutes and ordinances in connec tion with Licensee's entry onto and use of the Premises under this Agreement. Licensee, at no cost or expense to City, and as a necessary condition for t he exerci se of any rights under this Agreement, shal l obtain all required permits from the City of Cul ver City, and any and all other governmental permits and appro vals with which may be necessary for it to conduct any work or activities under this Agreement, not less than seven days prior to the Event. City shall coordinate and cooperate with Licensee in Licensee's activities to obtain all necessary government permits and permissions. In addition, during all times Licensee uses the Premises, Licensee shall comply with all of the following:
a. The conditions of approval reflected in the Special Event Permit.
b. All requirements of City, including, but not limite d to Community Development, Public Works, Police, and Fire.
c. Signage placed on the Pre mises shall be limite d to wayfinding signage only, unless otherwise specifical ly approved, in writing, by the C ity Manager or his/her designee.
ATTACHMENT NO. 3 TO COUNCIL POLICY 2302
7. CONDITION OF PREM ISES UPON VACATION AND REPAIR OF PROPERTY AND EQUIPMENT: Upon vacation of the Premises, Lic ensee shall remove all trash and debris from the Premises, remove any substances placed on the Premises, and leave the Premi ses in the same condition in which the P remises were found upon commencement of Licensee’s use of the Premises, pursuant to this Agr eement.
Licensee shall be solely responsible, at it s sole cost and expense, f or the repair or replacement, to the reasonabl e satisfaction of the Public Works Direc tor/City Engineer, of any broken or damaged City -owned or ope rated real or personal property or public right-of-way caused, directly or indirect ly, by Licensee’s activiti es related to the Event. City shall invoice L icensee for all costs associated with su ch repairs not otherwise covered by th e Security Deposit (as set forth in Section 4) , which invoice shall be paid within 30 calendar days of the date of the invoice.
8. CITY RESPONSIBILITIES: <<OUTLINE RESPONSIBILITIES AGREED UP ON BY CITY>> for use on the Premises.
9. HAZARDOUS MATERIALS: Licensee shall not store or use or consent to the storage or use of any Hazardous Mater ials on the Premises. As u sed in this Agreement, "Hazardous Materials," means any substance, material or waste w hich is or becomes regulated by the United States government, the State of California, or any local or other governmental authority, including, without limitation, any material, substance or waste which is (i) defined as a "hazardous waste", "acutely hazar dous waste", "restricted hazar dous waste", or "extremely haza rdous waste" under Sections 251 15, 2511 7 or 25122.7, or listed p ursuant to Section 25140, of the California H ealth and Saf ety Code; (ii) defin ed as a "hazar dous substance" under Section 25316 of the California Health and Safe ty Code; (iii) defined as a "hazardous material", "hazardous s ubstance", or "hazard ous waste" u nder Section 25501 of the Califor nia Health a nd Safety Cod e; (iv) defined as a "hazardous substance" under Section 25281 of the Cal ifornia Health and Safety Code ; (v) petroleum; (vi) asbestos; (vii) a polychlorinated biphen yl; (viii) listed und er Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Code of Regulations, Chapt er 20; (ix) designated as a " hazardous substance" pursuant t o Section 311 of the Clean Wate r Act (3 3 U.S.C. Sect ion 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 s ubstance" pursuant to Section 1 01 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (xii) any othe r substance, whether in the form o f a solid, liquid, gas or any other form whatsoever, which by any gov ernmental requirements either r equires special handling in its use, tr ansportation, generation, collection, storag e, treatment o r 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.
10. INSURANCE: Without limiting its obligations pur suant to Section 11 of this Agreement, Licensee shall procure and maintain, at Licensee’s o wn cost and expense and for the du ration of this Agreement, insurance cov erage as set forth in "Insurance Requirements" attached to an d incorporated into this Agreem ent as Exhibit C.
ATTACHMENT NO. 3 TO COUNCIL POLICY 2302
11. INDEMNIFICATION: By and on beha lf of the Lic ensee, in con sideration of the request for and the granting of this License, it is hereby agreed th at the Licensee shall indemnify, defend (at Licensee's sole e xpense, with legal counsel appr oved by City) and hol d harmless t he City of Culver C ity, members of its City C ouncil, its boards and commission s, officers, a gents, and employees , and Hackma n Capital Partners, its officers , agen ts, and e mployees (hereinafter, collectively, "Indemnitees"), from and against a ll loss, damag e, cost, expense, liability, claims, demands, suits, reasonable attorneys' fee s and judgment s arising out of or i n any manner related to th is Agreement. This indemnification includes, but is not limited to, tort liability to a third person f or bodily inju ry and property damage. Licensee agrees that this obligation to indemnify, defend and hold harmless extends to liability and/or claims ari sing from Indemnitees' active or passive negligence. The duty to defend referenced herein is wholly in dependent from the duty to indemnify, arises upon written noti ce by Ci ty to Licensee of a cl aim within the potential scope of t his indemnification provision, and exists regardless of any determination of th e ultimate liability of Licensee, City or any Inde mnitee. In ad dition and for the same consideration, by and on behalf of the Licensee it is hereby agreed the Lice nsee shall, a nd hereby doe s indemnify, hold harmless and defend Indemnitees for any and all claims, judgments, d emands and liability, includin g attorney fee s and medical, court and appeals board and any o ther cos ts related to any work er’s compensation clai m, benefits o r liability r esulting from any injury to any City personnel arising or resultin g directly or indire ctly from any activities relat ed to this Agreement.
12. FURTHER ASSURANCES: Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and things reaso nably necessary in c onnection with the performance of their obligations hereunder and to carry out the intent an d agreem ents of the parties hereto.
13. GOVERNING LAW: The terms of this License shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of Los Angeles County.
14. LITIGATION FEES: Should litigation arise out o f this License or the performance thereof, the c ourt shall aw ard costs and expenses, including attorney’s fees, to the prevailing part y. In awarding attorney’s fee s, the court s hall not be bound by any court fee schedule, but shall award the full amount of costs, expenses and attorney’s fees paid or incurred in good faith.
15. TRANSFERABILITY AND ASSIGNABILITY: This License is neither transferable nor assignable by Licensee.
16. NOTICES: All notices given or required to be given p ursuant to this Licensee shall be in writing and may be given by personal delivery or by ma il. Notice sent by mail shall be addressed as follows:
ATTACHMENT NO. 3 TO COUNCIL POLICY 2302
To City: City of Culver City
Attn: Jesse Mays, Assistant City Manager
9770 Culver Boulevard
Post Office Box 507
Culver City, California 90232-0507
To Licensee:
17. ENTIRE AGREEMENT: This License constitutes the entire agreement of the parties hereto relating to the Premises and shall supersede prospectively from the date it is entered into any and all prio r written or ora l negotiations o r ag reements of the parties relating to the Premises. This License shall not be modified in any particular manner except by a written amendment duly executed by the parties.
18. AUTHORITY TO ENTER INTO AGREEMENT: The i ndividual(s) executing this Agreement on behalf of each party is ( are) authorized to execute this Agreement on behalf of said party. Each party has taken all actions required by law to approve the execution of this Agreement.
<<LICENSEE NAME>>
DATE: BY: __________________________________
DATE: CITY:
BY:
John Nachbar
City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Jesse Mays Heather Baker
Assistant City Manager City Attorney
ATTACHMENT NO. 3 TO COUNCIL POLICY 2302
EXHIBIT A
EVENT DIAGRAM
ATTACHMENT NO. 3 TO COUNCIL POLICY 2302
EXHIBIT B
SPECIAL EVENT PERMIT
(Behind this page.)
ATTACHMENT NO. 3 TO COUNCIL POLICY 2302
EXHIBIT C
INSURANCE REQUIREMENTS
A. Policy Requirements.
Licensee shall submit duly executed certificates of insu rance for the following:
1. An occurrence based Comprehensive General Liability ("CGL") policy, at least as bro ad as IS O Form CG 0001, in the minimum amount of Three Million Dollars ($3,000,000) each occ urrence, with not less than Six Million Dollars ($ 6,000,000) in annual ag gregate coverage.
The CGL Policy shall have the following requirements:
a. The policy shall provide coverage for pe rsonal injury, bodily injury, death, accident and property damage and advertising injury, as those terms are understood i n the context of a CG L policy. The coverage shall be utilized to satisfy, to the extent of the coverage limits, the City ’s self - insured retention under any other policy of insurance . The coverage shall not be exc ess or contr ibuting with respect to the Cit y’s self - insurance, c ommercial liability insurance, or any pooled risk arrangements ;
b. The policy shall provide $3,000,000 coverage per accident, for owned, hired and non -owned automobile liability; automobile lia bility coverage may be satisfied with a sta nd- alone policy or a s a component of the CGL policy;
c. The policy shall include coverage for liability undertak en by contract covering, to the maximum extent permitted by law. Licensee's obligation to in demnify t he Indemnitees as required under Paragraph 11 of this Agreement;
d. The Policy shall not exclude coverage for Completed Operations Hazards or Athletic or Spo rts Participants; and
e. The City of Culver City, members of its City Council, its boards and commissions, officers , agents, and employees , and Hackman Cap ital Partner s, its officer, agents, and emp loyees, will be named as additional in sureds in an endorsement to th e policy, which shall be provided to the City and approve d by the City Attorney.
f. The Pol icy shall not co ntain an “Independen t Negli gence” provis ion that wou ld void or otherwise nullify the insurer’s o bligation to defend and in demnify the City of Culver Ci ty in the event that its independent negligence is allege d or proven .
ATTACHMENT NO. 3 TO COUNCIL POLICY 2302
g. The CGL limits may be satisfied with a primary policy with $3 ,000,000 occurrence/$6,000,000 annual aggregate, OR, by a primary policy with lower limits of c overage plus an Excess or Umb rella policy wh ich will satisfy the occurrence and aggreg ate limit requirement. If Licensee’s insurance coverage provides coverage in excess of these requir ed limits, but is eroded by payment or claim reserves, then Licensee or its insurance carrier shall notify the City of Culver City within ten (10) days when the contractual coverage limits provided are be low the required coverage limits.
h. The C ity of Culve r City reserves the right to review and waiv e or modify the CGL aggreg ate requirement in the event that an adequate project specific policy and limits are p rovided.
2. Reserved.
3. Reserved.
4. If the Agreement will have Licensee employees working with in the City limits, Licensee shall maintain Workers’ Compensation Insu rance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least o ne million dollars [$1,000, 000] per accident.) Licensee shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Ci ty, its officers, agents, emp loyees and volunteers.
B. Waiver by C ity.
City may waive one or more of the coverages lis ted in Section A , above. This waiver must be express and in writing, and will only be made upon a showing by the Licensee that its operati ons in and with respect to City are not such as to impose liability within the scope o f that particular coverage.
C. Additional Insur ance Requirements.
1. All insurance listed in Paragraph A shall be issued by companies licensed t o do business in the State of California, with a claims paying ability rating of "BBB" or better by S&P (and the equivalent by any other Rating Agency) and a rat ing of A -:VIII or better in the current Best's Insur ance Reports;
2. Licensee shall provide City with at least thirty (30) days prior written notice of a ny modification, reduction or cancellation of any of the Policies required in Paragraph A, or a minimum o f ten (10) day s’ notice for cancellation due to non-payment.
3. City may increase the scope or dol lar amount of coverage required under any of the polici es described ab ove, or may require different or additiona l coverages, upon prior written notice Licensee.
ATTACHMENT NO. 4
Address List of Qualifying Businesses
for Incidental Business/Commercial Use per Section VI
1. 9300 Culver Boulevard
2. 9400 Culver Boulevard
3. 9500 Culver Boulevard
4. 9512 Culver Boulevard
5. 9514 Culver Boulevard
6. 9516 Culver Boulevard
7. 9426 Washington Boulevard
8. 9432 Washington Boulevard
9. 9336 Washington Boulevard
10. 3912 Van Buren Place
11. 3918 Van Buren Place