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SR-091608-1LCity Council,Meeting: September 9, 2008 Agenda Item: ~I-a To: Mayor and City Council From: Lee E. Swain, Director -Department of Public Works Subject: Windward School Side Yard Maintenance and Lot Tie Affidavits Recommended Action Staff recommends that the City Council authorize the City Manager to execute a Covenant and Agreement regarding Maintenance of Yards for an Oversized Building, and a Covenant and Agreement to hold Property as One Parcel for City owned property being leased to Windward School. Executive Summary Windward School leases property owned by Santa Monica located in the City of Los Angeles. The school is constructing additions to its recreational facilities on campus as allowed in its lease agreement with the City of Santa Monica. Los Angeles Department of Building and Safety requires that the property owner (Santa Monica) execute an affidavit for side yard maintenance and an affidavit for a lot tie before a certificate of occupancy can be issued to Windward School. The lot tie affidavit will create a single lot from what are now four separate lots, .and the side yard maintenance affidavit establishes minimum clearance distances in side yard maintenance areas. Santa Monica staff has reviewed the affidavits and determined that neither of the affidavits presents a restriction or obstruction to the continued use of the property for water production or treatment purposes as stipulated in the lease. There is no cost associated with the approval and execution of these agreements. Discussion Since 1983, the City of Santa Monica has leased to Windward School a portion of City property located at Sawtelle Boulevard and Palms Boulevard in West Los Angeles. The property encompasses the Charnock well field, comprising approximately 7.5 acres south of the flood control channel at the location. Under the terms of the lease, Windward is authorized to use the property for recreational purposes, principally as outdoor play fields and as basketball courts. The lease, and its subsequent modifications, also designates certain building zones in which Windward is allowed to 1 build structures to be used as educational and/or athletic facilities. The initial duration of the lease was July 1, 1983 to June 30, 1998 (15 years). The fourth modification to the lease, executed in 2005, extended the lease terms to 2055. Language in the original lease and all subsequent modifications remains very clear with respect to the property's use as the city of Santa Monica's well field. The most recent modification reiterates that water production related use is deemed to be the primary use for this site, and that Windward agrees not to interfere with any work performed by the City related to these activities. Throughout the lease period, the City and Windward School have worked cooperatively in maintaining the terms of the lease: Windward School is presently constructing additional classroom facilities and an expansion to its gymnasium facility within the building zones allowed by the lease. As a condition of issuing the certificate of occupancy for the new construction to Windward, the City of Los Angeles Department of Building and Safety (LADES) requires that the property owner (Santa Monica) execute two separate affidavits: a Covenant and Agreement regarding Maintenance of Yards for an Oversized Building (Side Yard Maintenance), and a Covenant and Agreement to Hold Property as One Parcel (Lot Tie). The Side Yard Maintenance affidavit is a requirement related to the additional building footprint being added to the gymnasium facility. The affidavit establishes aforty-foot wide maintenance area adjacent to the north and east side of the gymnasium building, unobstructed from ground to sky, and establishes minimum separation distances of future water wells from the building (10 feet minimum) and from other water wells (minimum 50 feet between adjacent wells) which the city may decide to install in the future. An existing water well within this area remains in place and will be unaffected by this affidavit. Staff has determined that the conditions of this affidavit will have no detrimental effect on the operation of the property for water production purposes. 2 The Lot Tie affidavit is a requirement related to the proximity of the parking area to the revised gymnasium building. The additional parking area necessary to accommodate the increased building size for the new gymnasium resides on anon-contiguous parcel of the leased land. As a condition of granting the certificate of occupancy to Windward, LADBS requires that a lot tie affidavit be executed by the property owner, effectively creating a single lot from what are presently four separate lots. Staff has determined that the conditions of this affidavit will have no detrimental effect on the operation of the property for water production purposes. Financial Impacts & Budget Actions There are no financial impacts, budget actions, or costs associated with this action. Prepared by: Gil Borboa, P.E., Water Resources Manager Approved: Lee E. Swain, Director Department of Public Works Forwarded to Council: P. Lei 'ont Ewell City Manager 3 Reference Contract No. 8971 (CCS)