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SR-08-14-1979-11DCITY OF SANTA MONICA DATE: August 6, 1979 TO: Joyce Snider, City Clerk FROM: Donald T. Arnett, Director of Recreation & Par SUBJECT: Transmittal Instructions - Skate Park Lease M AUG 1 4 1979 The final approval by City Council of the Skate Park Lease is scheduled for Council action on Tuesday, August 14, 1979. Attached is the original document plus two copies of the signature page each with original signatures. Once the lease is approved by the Council please secure the City Manager's signature and forward letter and signed document to the following: Mr. Clay T. Whitehead President, Sparks, Inc. 1520 Arizona Avenue Santa Monica, CA. 90404 Mr. Ed Olson, President Superior Gunite 12721 Saticoy No. Hollywood, CA. 91605 Mr. R. Denzil Lee P.O. Box 1118 Santa Barbara, CA. 93102 Dr. M. Rockwell Jazen, Johnston & Rockwell 1520 Arizona Avenue Santa Monica, CA. 90404 A carbon copy of the lease agreement should be sent to the following departments: Kent McClain, City Manager Stan Scholl, Director of General Services Bob Nash, Director of Finance R. L. Knickerbocker, City Attorney D. T. Arnett, Director of Recreation and Parks Thank you. AUG 1 4 1979 DTA:pp except as may be expressly provided elsewhere in this Lease. 15.17 INTEREST. Any sum accruing to Lessor or Lessee under the provisions of this Lease which shall not be paid when due shall bear interest at the rate of eight (8) percent per annum from the date written notice specifying such nonpayment is served on the defaulting party, until paid. 15.18 MODIFICATION. This Lease is not subject to modification except in writing. 15.19 SECURITY. The Lessee at no expense to the Lessor shall provide security patrols to prevent the Skate Park from being used after hours, and to prevent improper use during hours of operation. EXECUTED at day of , 1979. California on the SPARKS, Inc. - ENDLESS CITY OF SANTA MONICA WAVE SKATEPARKS A Municipal Corporation Two Corporations (Lessor) (Lessee) O—SP By: By RK By � ENDLESS' WAVE KATEPARKS AS TO FORM: ity Attorney -53- City Manager except as may be expressly provided elsewhere in this Lease. 15.17 INTEREST. Any sum accruing to Lessor or Lessee under the provisions of this Lease which shall not be paid when due shall bear interest at the rate of eight (8) percent per annum from the date written notice specifying such nonpayment is served on the defaulting party, until paid. 15.18 MODIFICATION. This Lease is not subject to modification except in writing. 15.19 SECURITY. The Lessee at no expense to the Lessor shall provide security patrols to prevent the Skate Park from being used after hours, and to prevent improper use during hours of operation. EXECUTED at day of , 1979. , California on the SPARKS, Inc. - ENDLESS CITY OF SANTA MONICA WAVE SKATEPARKS A Municipal Corporation Two Corporations (Lessor) (Lessee) By: ;0' By. SPARKS, INC. By E DLESS WA E KATEPARKS APPROVED AS TO FORM: ICHARD L. KN CKERB CKER City Attorney City Manager Santa Monica, California, August 2, 1979 TO: Mayor and City Council FROM: City Staff SUBJECT: Sparks /Endless Wave, Inc. Skate Park Developers Introduction This report presents the staff response to Council's inquiry into the Skate Park lease and Environmental Impact Report (E.I.R.). Background At their July 24 meeting the City Council held a public hearing concerning the approval of the Skate Park E.I.R. Concurrent with that Council was to act on the negotiated lease with the Council approved developer of this facility. Staff has met with the developer and resolved the questions concerning the hours of operation and the non - revokable performance bond covering the demolition of the facility in case of abandonment or failure of the operation. Both of these questions are resolved pursuant to Council's direction in that the developer has agreed to a 10:00 p.m. closing time year round and agreed to a $50,000 non - revokable performance bond to ensure demolition of the facility at the bonding company's expense. Through the bonding procedure the individual members of the corporation must pay the bonding company to restore the site. The contract was also amended to require a formal bid from a reputable demolition contractor to establish the cost of demolition after the facility is constructed. Staff has again reviewed the addendum to the E.I.R. and feels that the developer has responded properly to the questions raised in the February 2, 5, and March 22 memorandums from Mr. Scholl. In fact, Mr. Scholl had indicated prior to the public hearing that the developer had satisfied his objections with the response T0: Mayor and City Council _2_ August 2, 1979 through the addendum, The meeting was held between staff (Mr. Arnett, Mr. Lunsford, and Mr. Scholl) and the developer after the February 5 comments from Mr. Scholl. Specific requests were made and upon submission and review by Mr, Scholl the drawings included in this packet were approved for the E.I.R. and Planning Commission review. Northbound traffic is prevented from turning left at this site by a chain link fence. With reference to comments on lighting by both Ms. Welcome and Mr. Scholl, specific brand names and pole heights were submitted by the developer in the addendum. Relocation of the buildings to the south side would expose the northern area to greater noise since all P.A. announcements of control and other uses would point toward the homes, As now designed the buildings act as a buffer for any noise that would generate from the park. Alternatives 1. Council approve the E.I.R. and contract as amended to reflect Council directives from the July 24 meeting; approve the project in concept to allow application by the developer, to the Coastal Commission, and authorize the City Manager to execute the contract upon approval of the Coastal Commission. 2. Council may disapprove the E.I.R., the contract, and reject the project and not construct a Skate Park. T0: Mayor and City Council August 2, 1979 QeII Recommendation Staff recommends Council approve alternative no. 1, approval of the E.I,R. and amended contract and the project in concept to allow the developer to apply for a permit from the Coastal Commission. Prepared by: Donald T. Arnett, Director Recreation and Parks DTA:pp Attachments 1 t DATE: TO FROM: SUBJECT August 8, 1979 Mayor $ CIty Council City Clerk Agenda item 11D - Skate Board Park Development The backup material for this particular item is extremely lengthy and has been distributed to the Council several times. In order to save the cost of reprinting the entire packet, the latest staff report, the earlier staff report that has been amended, and the pages of the lease agree- ment, nos. 1, 21, and 32 are being provided and the Council is requested to insert the material where proper in the material each already has. If any Councilmember wishes to receive another complete copy of the material, please let me know.and I'll be happy to provide one. M, AUG 1 4 1979