SR-417-007 (16)
. Santa Monic.Ca1ifornia) January 7) 1981
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TO: Chairman and Parking
Authority
FROM: City Staff
SUBJECT: License for Evening Use of Parking Authority Lot {f8
Introduction
This report concerns the proposed evening use of Parking Authority
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Lot #8, in conjunction with the development of property at 1519
Wilshire Boulevard as a restaurant-cabaret-supper club.
Background
The owner of th~ property at 1519 Wilshire Boulevard proposes to
convert a former mortuary into restaurant-cabaret-supper club.
Additional off-street parking is required for the intended use.
The proponent, Attorney Bernard Segal has petitioned the City for
evening use of Parking Authority Lot #8, plus evening use of two
(2) parking spaces on Wilshire Boulevard in front of the proposed
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development. If approved by The Authority the License will provide:
1. Exclusive evening use of Parking Authority Lot #8) plus
exclusive evening use of two (2) spaces on Wilshire Blvd.
2, License Term is five (5) years, commencing on receipt of
Certificate of Occupancy; if Certificate of Occupancy is
not rece1ved by December 31, 1981, the License is Null
and Void. License may be terminated by either party on
thirty (30) days written notice.
3. On Friday, Saturday, Sunday, holidays and days immediately
preceding holidays, use shall be from 5:00 PM to 5:00 k~, _/
on all other days, use shall be from 6:00 PM to 5:00 fu~.
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4. Fee is $383.34 per month or $4)600.08 per year (average =
$14.75 per space per month). Fee to increase each ~ea~
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based on CPl.
5. License contains standard Hold Harmless clause in favor of
the Authority and the City, Public Liability and Property
Damage @ $1,000)000.00 each occurencet in favor of the
Authority and the City, and Licensee to provide Workerts
Compensation insurance
6. Other standard clauses) including Non-Discrimination,
Default and Termination provisions.
The proposed License has been coordinated with the Traffic
Engineering Division. The City Traffic Engineer and Director.
General Services have no objection to the parking license. The
subject lot commands only marginal use.
Alternatives
1. Deny the License.
2. Approve the License.
Recommendation:
The Planning Commission has approved the proposed restaurant-
cabaret-supper club use, conditioned upon the proponent providing
adequqte off-street parking.
Staff recommends approval of the License.
Prepared by:
Attachment:
David L. Shirey
Proposed License. Parking Authorlty Lot #8
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LICE~SF.
THIS LICENSE. entered ~nto as of th~s _____day of
, 198 L
by and between the Park~ng Author~tv of the C~ty of Santa Mon~ca,
Cal~fornla, herelnafter referred to as liThe Authorltv" and Bernard I.
Segal and She~la K. Segal, here1nafter collect~vely called "Llcensee",
lS made wlth reference to the followlng:
NIT?-JESSE'I'H:
WHEREAS, The Authorlty has determlned that Parklnq Authorlty Lot #8,
legally descrlbed as Lot J, Tract ~o. 36290, as recorded ln Map Book
914, Pages 67-68, Off1c1al Records, Los Angeles County, Callfornla,
herelnafter called Park1ng Lot ~8, 15 avallable for evenlng use; and
WHEREAS, the L1censee deslres to use sald Premlses for evenlng
use to faCllltate the development of a restaurant - cabaret - supper
club on the premlses known as 1519 Wl1sh1re Boulevard, Cltv of Santa
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Monlca, Cal1fornia, leqally descr1bed as Lot Y , Tract No. 36290, as
recorded ln Map Book 914, Pages 67-68, Offlclal Records, Los Angeles
County, Callfornla, herelnafter ref erred to as "the PrO"l?erty at
1519 ~-Jllshlre Boulevard."'
NOW THEREFORE, ln conslderatlon of the foregolng recltals and
other good and valuable conslderatlon, the recelpt and sufflclency
of WhlCh the partles hereto hereby acknowledge, the Authorlty does
hereby grant to Llcensee the rlght to use sald Park~ng Lot #8 for
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b. Llcensee shall be entltled ~or each dav Of the
term of thlS 11cense to excluslve dally use 0+ tre two (7) parklng
spaces on ~ilshlre Boulevard lmmedlatelv In front of the 1519 lVl1sh1re
Boulevard property, fro~ 6.00 p.M. to 5~00 A.H. t~e next day. Dur1ng
the tl~e, Llcensee shall be entltle~ to place covers (hoods) over
each of the parklng ~eters, total of two (2), controlllnq sald
two (2) spaces, WhlCh covers (hoods) ITlav state .'1'10 PAl:(KING". Any
such covers (hoods) shall reOUlre the aDproval 0+ the City of Santa
Monlca Traf~lc Enqlneer and coordinatlon of thlS parklna use wlth
the Clty of Santa Monlca Pollce DeDaYt~ent.
4. Vee
Llcensee shall pay to t~e Au~horitv on flrst day of each
calendar ~onth tl1e su~ af "'hree Hunrlred B1Clbtv-tliree !lallars and
Thlrtv-four Cents (S183.3A), WhlCh ~onthlv su~ totals ~our mhousand
SlX Hundred Dollars and Elqht Cents ($4,6000.08) Der year co~menClna
on the first date that TJlcensee I s nronertv at 1519 l,1ilQhlre Boule-
vard recelves a Certlflcate or Occupancy for restaurant - cabaret -
supper club use. The monthly pa'l.lTnt=.nt shall be pald at the ~uthorltv's
offlce located at 1685 Maln Street, Santa Monlca, C~ 90JOl or at
such other address as the Authorltv mav deslqnate bv wrltten notlce
to I..lcensee.
The fee shall be increased at the end of each rull calen-
dar year of the ~eYM In the sa~e nercentage lncrease, If any, as the
percentage lncrease cturlng such perlod of th~ then current TJnlted
States Departl'1ent of IJabor ("onsurner Dr lce 1ndex entl tIed "Consumer
Prlce Index, Los Angeles - Lonq Beach for all Urhan ConSUMers (1967 =
100) ," as calculated b~T .\uthorJ tv. In no event shall the fee for any
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calendar year be less that the orlglna1 speclTled hereinabove.
5. Malntenance and Re~alr
~he Auttorlty shall malntaln and keep the PreTI1SeS and
the parklng facllltles ln good order and renalr as determlned bv
the Dlrector of General SerVlces.
Durlng all tl~es that Llcensee shall h2ve excluElve
posseSSlon of the two parklnq spaces on ~llshlre Boulevard ln
front of the Pronerty a~ 1519 '~llshlre Bo~levard, Llcensee shall
Malntaln sald premlses ln a qood, sanltarv and clean conoltJOn, to the
satlsfactlon of the Dlrector of ~pneral Services, and shall not
commlt, suffer, or permit any waste on said pre~ises, or anv acts to
be done thereon In vlolatlon of any law or ord1nance, and not to use
or permlt the use at said premlses for any 111egal purpose. Llcensee
agrees that no alterations shall be made on or to said ~remises
wlthout the wrltten consent of Authorltv.
6. Slg~
Licensee shall have the rlght to post aporoorlate Slgns
at the entrance and eXlt of ~arklnq Lot *8 to ln~orm the publlC of
the tlmes of Llcensee's excluslve use of such parklng lot.
Sald slgns
shall requ1re the aporoval of the Cl~V of Santa Mon~ca ~rafflc Bnqineer
Drlor to postlng.
L~censee, dur1na the Derlod of excluslve use, shall bave
the r1ght to restr1ct access to the DreMlses to patrons, customers,
and buslness lnvltees of Llcensee.
7, Hol~ Har~less
ThlS License 1S made on the express condlt~on tha~ the
Authorltv 15 to he free of all 11ab1llty or loss bv reason of lnJurv
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to person or property, ~rom whatever cause, In any way connected
w1th L1censee's use of Park1nq Lot #8 or the two (2) spaces 1n front
of 1519 ~llshlre.
Llcensee hereby covenants and aGrees to, and sh~ll,
lndemnlfv Authorltv and Cltv of Santa Monlca and sa"e it har~less
from any and all llab111tv, loss. costs, or oblloatlons on account
of, or arlsing out o~, any such lnlurles or losses however OCCUrrlnq.
Llcensee hereby walves all cla~~s a0alnst AuthorItv and
the Clty of Santa Monlca for danaqes to goods, wares, Merchandlse, or
lmprovements ln, UDon or about Parklnq Lot ~8, or the two (2) spaces
1n front of 1519 W1lshlre Boulevard, and for lnJurles to Llcensee's
property or em?loyees or any other person 1n or about the Parklng Lot
from any cause ar1slng 1n con]Unctlon wlth Llcensee1s use of Park1ng
Lot f8.
L1censee shall hold Authorlty and the Clty of Santa ~lonlca
exempt and harmless from any damages or In]Ur1eS to any person, or
to the goods, wares, merchandise, fac111tles or other property of any
person arls1ng from the use of the Parklng Lot by Llcensee or other
persons or from the fallure of the Authorlty and Clty of Santa Monlca
to keep the property 1n good condltlon and repalr, as here1n prov1dedl
when such damage or 1nJury shall be caused In part or 1n whole by the
negllgence or fault of, or OID1SSlons of any dut~ w1th respect to the
same by L1censee. L1censee expressly wa1ves all r1ghts under Sect10n 1542
of the C1V11 Code of Cal1fornla as lt now Drovldes or may herelnafter
be amended.
Section 1542 reads as follows:
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A general release does not extend to
claims WhlCh the cred1tor does not know
or suspect to eXlst In h15 favor at the
tlme of execut1ng the release, WhlCh If
known by him must have materlally affec-
ted h1S settlement w1th the debtor.
Llcensee accepts the ?ark1ng Lot 1n 1ts present condlt1on,
and 1S w1thout any reoresentatlon or warranty by the ~uthorlty as to
the cond1tlon of such, or as to the use or occupancy WhlCh may be made
thereof and the Author1ty shall not be respons1ble for any latent
defect or change In condltlon, or for any damage occurring thereto,
except as otherW1se pr0vlded herein, or because of the eX1stence of
any vlolat1on of any state, county, or mlin1clpal law.
8. Insurance
L1censeels Insurance OblJgatlons. Llcensee agrees that
fro~ and after the date of ~el1very of the Premlses from Authorlty to
L1censee, Licensee shall carry and malntaln, at its own cost and
expense, the follow1ng types, anounts and forms of 1nsurance:
PubllC Llablllty and Property Danage. Bodlly
1nJury and publlC 11abillty 1nsurance wlth a cooblned
slngle llmlt of S1,000,000.00 for each occurrence,
lncreaslng durlng each year In the saTIe proportlon that
the Fee lS lncreased pursuant to the proVlslons of
Sect10n 4 of thlS L1cense lnsurlng agalnst any and all
llabll1ty of the lnsured wlth respect to said Premises
or arls1ng out of the malntenance, use or occupancy
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thereof. All such bod~ly ~n]ury and property damage
shall speclflcally lnclude, ln addltlon to the above,
contractual llablllty insurance coverlng the lnsurlng
prOV1Slon of thlS L~cense and the performance by
Llcensee of tre lndemnltv agreements In Sectlon 7 above.
Worker's Comoensatlon Insurance. Adequate insur-
ance agalnst 11abJllty arislng or on account of In]Ur1eS
or death to workers or employees of Llcensee.
Such
Worker's Co~pensatlon Insurance shall be ln the rnaxi-
mum amounts obta1nable agalDst llablllty under the
Worker's Compensatlon Insurance and Safety Act of the
State of Californla.
POI1CY, ProvlslonS. The pollcles requlred to be
obtalned by Llcensee pursuant to the provlslons of thlS
Sectlon shall be with companles and In pollcles whose
form 1S satlsfactory and acceptable to the Clty Attorney
wlth certlflcates of lnsurance lssued by each of the
lnsurance co~panles lssulng any of the pollcies requlred
pursuant to the provlslons of thlS Sectlon, and sald
certlficates shall provlde that the lnsurance lssued
thereunder shall not be altered or cancelled untll after
twenty (20) days wrltten notlce to Authorlty. All publlC
llablllty, property damage, and other casualty pollcies
shall be ~~ltten as prlmary po11cles, not contrlbutlng
wlth and not In excess of coverage WhlCh the Authorlty
may carry. L1censee may satlsfy 1ts insurance under a
so-called blanket pol1cy or pollcles of insurance.
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9. Ass1gnment and Transfer.
Th1S L1cense lS personal to the Llcensee.
It 15 non-
ass1gnable and any atte~pt to ass1gn th1S Llcense term1nates 1t.
10. Default by Llcensee.
If (a) Llcensee shall fail to pay the Fee ln a tl~ely
manner pursuant to Sect10n 4 for a perlod of three (3) days after
wrltten notlce to Licensee by the Authorlty spec1fY1ng that such
payment lS past due and payable; or
(b) Llcensee shell fall to observe or perform any
obllgat1on, term or condltlon blndlng on Llcensee here1n; or
(c) Llcensee shall flle any petitlon or 1nstltute
proceedlngs wherelD or whereby the Llcensee asks or seeks to be
adJudlcated a bankrupt, or to be dlscharged from any and all debts
or obl1gatlons, or to have or make an arrangement for credltors or
a reorganlzatlon of the Llcenseels debts, or to have any other
slmllar rellef; then Llcensee shall be deemed In default hereunder
and thlS Llcense wlll be deemed termlnated.
11. Termlnat1on.
ThlS agreement lS termlnable by elther party by the
illalllng of wrltten notlce to the other party thlrty (30) days
prlor to the termlnatlon date.
12. Non-Dlscr1ffilnatlon.
The L1censee agrees that thlS Llcense lS made and accepted
by 1t and the Authorlty upon the followlng condltlon:
That there s~all be no dlscrimlnat10n agalnst or segrega-
tlon or any person or group of persons, on account of sex, mar1tal status,
race, color, rellg1on, creed, natlonal orlg1n, or ancestry, In the
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transfer, use, occupancy, tenure or enJoyment of Parking Lot #8 nor
shall L1censee, or any person cla1mlng under or through 1t, establ1sh
or permlt any such practlce or pract1ces of dlscrlm1natlon or segrega-
tlon w1th reference to the use and occupancy of Parklng Lot =8.
13. Damage by Earthauake or ~ther Casualty.
Should Park1ng Lot #8 or any part thereof be d~aged by
earthquake or other casualty the Authorlty shall have the follow1ng
obllgatlon, r1ghts and remed1es:
(a) The Authorlty shall dlllgently complete
the repa1r and restoratlon of Parklng Lot ~8 to
substantially the condit1on as eXlsted prior to
the casualty; or
(b) The Author1ty ~ay elect not to r~store
Parking Lot ~8, in Which case the License lS
term1nated effectlve C01DC1dent w1th the date of
casualty.
The Authorlty shall be the sole Judge of whether to
repa1r and restore Park1ng Lot ~8 1n the event of earthquake or
other casualty. Dur1ng any period of repa1r or restoratlon should
L1censee not have full use as prov1ded in Section 2 here1nabove, then
the fee shall be reduced pro-rata for each parking space so reduced
during the perlod that such soace 1S not useable.
14. Surrender of L1censed Premises.
Llcensee, at the exp1ratlon or termlnat10n of thlS License,
agrees to qUit and surrender possess1on of sald premises.
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15. Notlces.
All notlces that may be requ~red to be glven under thlS
Llcense shall be served by certlfled Mail, postage prepald, addressed
to the partles as follows:
Authorl.ty:
Parklng Authorlty of the Clty of Santa Monlca
1685 'I'-l"alD Street
Clty Hall
Santa Monlca, California 90401
Llcensee:
Bernard I. Segal and Shella K. Segal
5670 Wllshlre Blvd. SUlte 229D
Los Angeles, CA 90036
IN WITNESS WHEREOF, the partles hereto have hereunto set
thelr hands and seal the day and year flrst above wrltten.
PARKING AUTHORITY OF THE CITY
OF SANTJl, MONICA
ATTEST:
BY:
LICENSEE:
CLEF'K
APPROVED AS TO FOfu~:
~~~~k
Stephen Shane Stark,
Actlng City Attorney
BF.RNl>.RD I. SEGAL
SHEILA K. SEGAL
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