SR-02-24-2015-3DID
City Council
City of
Santa monied
City Council Meeting: February 24, 2015
Agenda Item: 3-D
To: Mayor and City Council
From: Andy Agle, Director of Housing and Economic Development
Subject: Windward School Lease Agreement Amendment
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute an amendment to the Windward School lease agreement to allow a covenant to
be recorded on City -owned property and require its removal at the time of lease
termination.
Executive Summary
Windward School leases land from the City adjacent to the Charnock water well field in
Los Angeles for use as athletic fields. Windward School filed a Zone Variance Plan with
the City of Los Angeles to increase its enrollment from 475 students to a maximum of
550 students. As a condition of approval, the City of Los Angeles requires execution of
a standard form covenant to ensure compliance with the conditions of the Zone
Variance Plan. The recommended amendment to the lease agreement would allow the
covenant to be recorded and require the school to remove the covenant at the time of
lease termination.
Background
Since 1983, the City has leased a portion of City -owned property located at Sawtelle
Boulevard and Palms Boulevard in Los Angeles to Windward School ( "Windward ").
Windward is a private, college - preparatory school serving grades 7 through 12.
The property is approximately 7.5 acres and encompasses the Charnock water well field,
south of an adjacent flood control channel. Under the initial lease terms, Windward was
authorized to use the property for recreational purposes, principally as outdoor playfields
and basketball courts. The subsequent lease modifications designated certain building
zones on the property in which Windward is allowed to build structures to be used as
educational or athletic facilities. The term of the lease has been extended four times and
currently extends to 2055. Throughout the lease period, the City and Windward have
worked cooperatively to address any issues that have arisen in maintaining the terms of
the lease.
Discussion
In August 2010, the City Manager authorized Windward to file a Zone Variance Plan
application with the City of Los Angeles, on the condition that the application would not
involve any physical changes to the current facilities. The Zone Variance Plan application
would allow Windward to increase its enrollment from 475 to 550 students.
In February 2011, the City of Los Angeles provisionally approved the Zone Variance Plan
with conditions. One of Los Angeles' conditions requires execution of a standard form
covenant which signifies compliance with the conditions of the Zone Variance
Plan approvals. The City of Los Angeles requires both the City, as property owner, and
Windward to execute the covenant.
In order for the City to execute the covenant, staff recommends a lease amendment that
requires Windward to abide by the conditions included in the Zone Variance Plan approval
and remove the covenant from title at its sole expense at the time of lease termination.
Windward has agreed to the proposed amendment.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Erika Cavicante, Senior Development Analyst
Andy Agle, Direc r__
Housing and Economic Development
K
Forwarded to Council:
Elaine M. Polachek
Interim City Manager
Reference:
Amended Contract
No. 5457
(CCS)