R-7203
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ATIACill'lEh"T C
RESOLUTION NUMBER 7203 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA HONICA APPROVING M.!ENDMENT TO PARKING LEASE
AGREEHENT 1828
IVHEREAS, the City of Santa Monica entered into Lease Agree-
ment 1828 (CCS) with Wilshire West Company on April 23, 1968 for
the lease of a minimum of 265 parking spaces in a downtown park-
ing structure; and
WHEREAS, Lease Agreement 1828 (CCS) was assigned by Wilshire
West Company, with the consent of the city, to the General Tele-
phone Company of California on March 5, 1985.
WHEREAS, the City and General Telephone Company of Califor-
nia desire that certain provisions be ~dded to the Parking Lease
Agreement,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1.
The City Manager is authorized to execute the
Amendment to Lease Agreement 1828 (CCS) attached hereto as Ex-
hibit "A".
SECTION 2. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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Robert H. Hyers
city Attorney
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Adopted and approved thIS 22nd day of AprIl, 1986.
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. Mayor
I hereby certIfy that the foregOIng ResolutIon No. 7203(CCS)
was duly adopted by the CIty CounCIl of the CIty of Santa MonIca
a t a :nee tlng thereo f held on Apr 11 22nd, 1986 by the followIng
CounCIl vote:
Ayes: Councllmembers:
Noes: Councllmembers:
AbstaIn: Councllmembers:
Absent: Councllmembers:
Conn, EpsteIn, Jennings, A. Katz,
H. Katz, Zane and Mayor Reed
None
None
None
ATTEST:
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'. "fl-ty 'Clerk
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Aprll 24, 1986
Exhlblt A Amendroent to Lease Aqree~ent l828(CCS)
taken by peagy Curran of Communlty and EconOffilC Development
x8701. She wlll return lt to the Clty Clerk's offlce when
she obtalns the proper signatures.
per Ann M. Shore, Clty Clerk
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REQUESTED BY AND
~iHEN RECORDED MAIL TO:
AGREEMENT
This Agreement is made as of the dd- day of
.\ - by and between the city of Santa Honica,
H-'7'(1 , 1986,
, .
a municipal corporation ("cityll) , and General Telephone Company
of California, a California corporation ("GTCII).
RECITALS
A. GTe has occupied the real property commonly known
as 100 Wilshire Boulevard, Santa Monica, California, and more
particularly described in Exhibit "An attached hereto and
incorporated herein by this referenae (the "Real propertyU)
continuously since the construction of the improvements situated
on the Real Property pursuant to a certain lease agreement (the
"Lease") betvleen GTC as lessee and Wilshire West Company ("WW")
as lessor.
B. On March 26, 1985, GTC, as lessee, purchased the
Real Property from WW pursuant to a purchase option contained in
the Lease.
C. As part of the purchase and sale of the Real
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Property, yn~ assigned to GTe its interest in the Lease Agreement
dated April 23, 1968 between mv, the City and the Parking
Authority of the City of Santa Monica (the "parking Lease"), to
which assignment city consented on March 5, 1985.
D. As part of the purchase and sale of the Real
Property, GTe and ~iW entered into a Reciprocal Easement Agreement
dated as of March 4, 1985, recorded March 26, 1985, as Instrument
No. 85-327919, Official Records of Los Angeles County (the
"Reciprocal Easement Agreementll) .
E. The Real Property is subj ect to a variance dated
August 29, 1968 (Z.A. Case No. 3014-Y), which, among other
things, waived, in part, the requirement that all parking be
under the same ownership as the Real property and modified the
gross parking requirements relating to the Real Property (the
"Variance") . A copy of the Variance is attached hereto as
Exhibit "BII.
F. concurrently with the execution of this Agreement,
GTC and the City desire to enter into an amendment of the Parking
Lease (the "Amendment of parking Lease"), a copy of which is
attached hereto as Exhibit "e", in order to modify the Parking
Lease in certain respects.
G. city has reviewed the Parking Lease, Amendment to
Parking Lease, Reciprocal Easement Agreement, Variance, and such
other information as it deemed necessary and is aware of the past
and current use of the Real Property and the improvements
thereon.
H. The parties desire to enter into this Agreement to
clarify any arnbigui ties relating to the Parking Variance and
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off-street parking for the Real Property and to assure that the
purpose and intent of the Variance ~/Jill be carried out in the
future.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS OF THE
PARTIES, IT IS AGREED AS FOLLOWS:
1. Concurrently with the execution of this Agreement,
GTe and the City shall enter into the Amendment of Parking Lease.
2. within ten (10) business days after this Agreement
and the Amendment of parking Lease have been approved by the city
council and executed on behalf of the City of Santa Monica and
the Amendment of Parking Lease has been approved and executed by
the Parking Authority of the City of Santa Monica, GTC shall pay
to the city nine-hundred thousand dollars ($900,000.00).
3. City acknowledges and agrees that even though there
is a change of ownership or occupancy of the Real Property, so
long as the Real property is used as a single or multi-tenant
general purpose office building, the Variance will remain in full
force and effect until, in accordance with its terms, it
terminates on the later of the expiration of the initial term of
the Parking Lease or any extension thereof.
4. city acknowledges and agrees that so long as (a)
both the Variance and the Reciprocal Easement Agreement remain in
effect, and (b) the Real Property is used as a single or
multi-tenant general purpose office building, the Real Property
is in compliance with the applicable off-street parking laws of
the city.
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5. City acknowledges and agrees that so long as the
Reciprocal Easement Agreement remains in effect, the off-site
parking spaces made available to GTC by the Reciprocal Easement
Agreement satisfy the City's requirement that off-site parking be
under the same ownership as the Real Property.
6. Ci ty acknmvledges and agrees that GTC shall have
the right from time to time during the term of the parking Lease,
including any extensions thereof, to substitute, at GTC's option,
any number of parking spaces (the "Substituted Space (s) ") in
place of those parking spaces GTe is entitled to lease under the
Parking Lease and is then leasing, provided such Substituted
Spaces are consistent with the terms set forth in the Amendment
to Parking Lease. Ci ty further agrees that GTC' s exercise of
such right shall not affect the continued validity, duration and
effectiveness of the Variance, so long as GTe continues to lease
at least one parking space under the Parking Lease.
7. GTe acknowledges and agrees that the continued
validity and effectiveness of the Variance is conditioned upon
the Real Property not being used for medical office uses.
8. Nothing in this Agreement shall (a) preclude city
from la\..,rfully applying to the Real Property any subsequently
adopted parking laws which would apply equally to other existing
office structures in the city, or (b) preclude city from applying
existing or subsequently adopted parking laws to any other real
property.
9. This Agreement shall be binding upon and inure to
the benefit of the parties' successors and assigns and shall
consti tute a covenant running with the Real Property. It is
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expressly understood and agreed that the reference to "GTC" In
paragraphs 5, 6 and 7 above includes GTC and its successors and
assigns.
Nothing in this paragraph shall relieve GTC or its
successors or assigns from obtaining City's approval of any
assignment of the Parking Lease pursuant to the terms of the
Parking Lease.
10. This Agreement has been -duly approved by the City
Council of the City of Santa Monica pursuant to City Council
Resolution No.
, dated '-/->>-, 1986.
IN HITNESS WHEREOF, the parties hereto have executed
this Agreement as of the date first above written.
Attest:
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CITY OF SANTA MONICA,
A municipal corporation
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By: d.L~
City l1anager
GENERAL TELEPHONE COMPANY OF
CALIFORNIA,
A calif~ia corporation
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By: j;/<?J.AtIJ /(/{ ~fA.j!f!
Its: i/ L~ ~ J /iL<.!,4lXA,-i
Approved as to form:
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City Attorney ~
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AtfENDMENT TO PARKING LEASE
This Amendment to Lease is entered into this ;:J.- day
of )1/1rjl 1986 by and between GENERAL TELEPHONE
CQl.fPANY OF CALIFORNIA, a california corporation ("Lessee"), the
CITY OF SANTA MONICA, a municipal corporation, and THE PARKING
AuTHORITY OF THE CITY OF SANTA HONICA, a body corporate and
politic (collectively, the "city") with respect to the following
facts and objectives:
A. The pre:nises under that certain Lease Agreement
betv!een Wilshire West Company ("~.m") and the City dated April 23,
1968 (the "parking Lease") include a minimum of tvlO hundred and
sixty-five (265) "Parking Spaces" in "Parking structures" (as
those terms are defined in the Parking Lease) on the east side of
2nd street between Santa Monica Boulevard and Wilshire Boulevard
in the City of Santa Honica.
B. On or about March 26, 1985, ~nv assigned to Lessee
its interest in the Parking Lease, to v!hich assignment city
consented on Harch 5, 1985.
c. Lessee and the City nm? desire to amend certain
provisions of the Parking Lease.
In consideration of the mutual covenants of the
parties, it is agreed as follows:
1. Any defined term used herein shall have the meaning
ascribed to such term in the Parking Lease.
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2. The Parking Lease is amended by adding Articles VI,
VII and VIII, which Articles shall ~rovide as follows:
VI. option to Extend Term.
city covenants that if Lessee shall not be in
default hereunder, Lessee shall have the
exclusive and unilateral right to extend the
term of the Parking Lease for three
additional consecutive five (5) year periods
for a minimum of 265 Parking Spaces, the
first of which shall commence on January 2,
2026 (each such additional extended term is
referred to as an "Additional Extended
Termll) . commencing \vi th the first day of the
first Additional Extended Term, the rental to
be paid by Lessee under the Parking Lease
shall be adjusted annually throughout the
remaining term of the Parking Lease, hereof,
including all Additional Extended Terms. The
rent for each year of each Addi tional
Extended Term (the IIAdjustment Year") shall
be equal to the product of (a) the average
monthly permit rental rate per parking space
charged as of the commencement of each
Adjustment Year for use in those city of
Santa Monica Parking Authority parking
structures located within the area bounded by
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wilshire Boulevard to the No~th, Santa Monica
Boulevard to the South, sixth street to the
East, and Ocean Boulevard to the West
multiplied by (b) the number of Parking
Spaces being leased. Lessee may exercise
each Additional Extended Term by g i v ing the
city written notice of Lessee's election to
extend the term hereof. Such written notice
shall be given no later than December 31,
2025 for the first Additional Extended Term,
December 3l, 2030 for the second Additional
Extended Term, and December 31, 2035 for the
third Additional Extended Term. Lessee's
right to exercise the first Additional
Extended Term is condi~ioned on Lessee's
exercise of all five of the original option
terms set forth in the parking Lease.
Lessee's right to exerc ise the second and
third Additional Extended Terms set forth
herein is conditioned on Lessee's exercise of
the first and second Additional Extended
Terms respectively. If Lessee exercises any
of the Additional Extended Terms set forth
herein, all of the terms and conditions of
the parking Lease shall apply during such
extension terms, except that the monthly rent
shall be calculated as set forth herein.
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VII.
Substituted Spaces.
Lessee shall have the right from time to time
during the term of the Parking Lease,
including any extensions thereof, to
substitute, at Lessee's option, any number of
parking spaces (the II Substituted Space (s) ..)
in place of those parking spaces Lessee is
entitled to lease under the parking Lease and
is then leasing so long as the Substituted
Spaces designated by Lessee shall satisfy and
comply with all of the City's off-street
parking requirements regarding ownership and
proximity of parking spaces for real property
in effect at the time of the substitution.
Any parking spaces for which Lessee
designates a Substituted Space shall reduce
on a one-to-one basis the number of parking
spaces leased under the Parking Lease. All
such reductions in the number of parking
spaces leased to Lessee under the Parking
Lease shall be permanent and Lessee shall
relinquish all claims to leasing such spaces
thereafter. The number of Parking Spaces
required to be leased under the Parking Lease
shall be permanently reduced by the number of
Substituted Spaces. The renb due to the City
shall be reduced on a pro-rata basis with the
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number of such reduction~. in leased spaces.
The Parking Lease shall continue to remain in
effect, notwithstanding Lessee's exercise of
its rights under this paragraph, so long as
Lessee continues to lease at least one
parking space under the Parking Lease.
VIII. Obligation to Operate Parking
structure during Addl tional Extended
Term.
During any and all Additional Extended Terms
of the Parking Lease, (a) the City shall not
be required to make structural repairs to the
Parking structure to lengthen the life of
the Parking structure; (b) the City shall not
be required to make Parking Spaces available
to Lessee if the Parkin9 structure becomes
unsafe to operate and cannot economically be
made safe to operate; and (e) nothing in the
Parking Lease will obligate the City to
reconstruct the parking structure should it
be damaged or destroyed as a consequence of
the age of the structure, an earthquake or
other natural cause.
3. As amended hereby, the Parking Lease is hereby
restated and reaffirmed.
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IN WITNESS WHEREOF, the parties hereto have signed this
Amend:lent to Parking Lease as of the respective dates set forth
helml.
DATE:
II J
April o(~ , 1986
LESSEE
GENERAL TELEPHONE COMPANY OF
CALIFORNIA, a California
corpo~ion _
By: /(- ~ /):( ~
~~d M. Cahill
Vice President
DATE: April Jd-, 1986
CITY OF SANTA MONICA,
a municipal corporation
By: ~ JvLL
DAI'E:
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Apr~l ,Yd-, 1986
THE PARKING AUTHORITY OF THE
CITY OF SANTA MONICA, a body
corporate and politic
By:
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APPROVED AS TO FORM:
Att~est :
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Robert :r1. Myers (j
City Attorney
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::;XHIBIl' .;
EXHIE3IL_
PARCEL 1-
~ot 1, of Tract 35412 1n the City of Santa Monlca, County of ~oa
Anqel.., State of Californla. a. per ~ap racorded in Book 964
paqe. 93 to 94 of Map.. 1n the Ottice of ~~e County a.corder of
.ald County,
EXCEPT 'l'HERE:FROM all mlneral.. oil. ga., caunqh.ad qu.
a.phaltum and o~~.r hydrocarbon .ub.tance. nov or h.r.lnafter ln
and under sald r.al prop.rty or which may b. produced therefrom
lYlnq below a d.p~ of 500 f.et from the surfac. of .aid land,
and all rlqhts in r.latlon th.reto, lncludinq the riqht to
.xtract .am. by any m.an., and all aub-.urface traverse r1qhts,
but W1~~out aurfac. rlqhta or r1qhts of inqre.. and eqr... over
..1d land, a. re.erved by T.leklev Production., Inc., &
corpor.tlon, 1n de.d recorded S.ptemb.~ 29, 1969 .. In.trument
No.. 249 and 251.
PARCEL.2:
An ....m.nt ov.r Parc.l. A, a .nd C d..cribed b.iov for bU11dinq
!oundatlon. a. grantad by the City of Sane. Monica, by . de.d
r.cord.d Nov.mber 3. 1969 a. In.trum.nt No. 531, in the Office of
the County R.corder of s.id County.
PARCEL A:
:~at portlon of Oc.an Avenue, 125 te.t wide, in the City of Santa
~on1ca. Co~nty of Los An;_l.., Stat. of Call!ornl., a. shewn on
~ap of the :own of Santa Monica, record.d 1n Book 39 Paqe 45. .t
s.q. of Mlsc.llaneou. aecord.. in ~,. Offic. of the County
Record.r of s.ld County, d..cribed .. follow.:
aeqinninq .t the mo.e South.rly corr..r of Lo~ "Q" in ~lock 123 of
5a~d Town of Santa Mon~ca; th.nce Southw..t.rly alonq ~.
prolonqatioD. at the Sou':h..sterly line of'salei Lot "Q", 4.00
f..t; ~~ance Northw..~arly ~arallel v1th the North...terly line
o! said Oc.an Av.nue (b.lnq .1.0 the Southwe.ter1y line of ..ld
Slock 123), a distance of 28S.93 f..t; th.nc. Northea.t.rly
parallel wlth the Southw..t.rly prolonq.tlon of the South.a.terly
llna of 5&lQ Lot "Q", 4.00 t.et to .ald North.a.terly 11n. of
Oc.an Av.nue: th.nce South.a.tarly alonq .aid Oc.an Avanu.,
265.63 fe.t to ~~. pOl~t of a.qinninq.
EXHIBIT A
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!XCEP~ :HEREFROM ~~a~ por~~Or. of sald ~and ~y~nq above a
horl%Ontal plane havlng an .leva~lon of 56.i5 ieee ~h~c~ ~s ~ased
on ~~e bench mark a~ ~h. Northwese c~r~ of Ar~~ona Av.r.~.
produCed, and Ocean Avenue, havlng an elevat~on of 80 g9 feet,
'ald bench mark belnq shown on paqe 13 of Bench Mark Book on f~le
1n ~~e office of ~~e Clty Enqlneer of sala Clty of Santa Monlca.
ALSO EXCEPT ~REFROM ~~at portion of sa1d land ly1ng
Sou~~ea.t.rly of the Sou~~we.t.rly prolonq.tlon of ~~e
Southea.terly 11ne of Lot 1 of ~rac~ No. 35412, a. per Map
recorded in Book 964 paqe. 93 and 94 of Map. 1n ~~e O!!lce of ~~e
=ouney Recorder of .ald County.
PARCEL B:
That portion of Wilshlre Boulevard, formerly Knovn a. Nevada
Avenue, 100 teee wlde, 1n the City ot Santa Honlea, County of Lo.
Anqele., State of Callfornia, a. shown on map of the Town of
Santa Monlca, recorded in Book 39 Page 45, at seq. of
Mi.cellaneous Record., 1n the Office of the County ~.corder of
sald County, descrlbed a. follow.:
aeqlnn1nq at the point ot 1ntersee~1on of the Northw..terly
prolonqatlon of the Southwe.terly line of Lot "W~, in Blocx 123
of .ald Town of Santa Honlca, Wl~ a line that 1s parallel w1~
ana distant Northwe.terly 7,25 teet, mea.ured at rlqht anqle.,
from ~~e Southea.terly llne of sald Wl1shlre Boulevard; thence
Northea.terly alonq said parallel 11ne, 34.11 fe.t to the true
pOlnt of ceqlnnlnq for ~~lS de.cr1pt1on: ~ence continuinq
Nor~~easeerly alonq sa1d parallel llne, 100 fe.t: ~ence
Easterly, alonq a 11ne detlectlnq 45 deqree. to the riqht froa
sald parallel llne, to the Sou~heasterly Llne of said Wilshire
Boulevard; ~~enc. Southwe.terly alonq said Wilshire Boulevard, to
a line extendinq Northerly, deflec~lnq 135 deqr.e. to the riqht
!ro~ the sou~~.a.terlY line of sala Wl1shlre Boulevard, and ~hlCh
pas.es throuqh the true pOlnt of ceq1~~lnq; thence Northerly
alonq sald ~lne so extendinq to ~'e true p01n~ o! b.qlnnlnq.
!XCEPT ~~~RE:RCM that portion of sald land lylnq above a
hOrl%Ontal plane, hav1nq an eleva~~on of 57.58 feet which is
ba.ed on ~e bench mark at the Nor~hwe.t curb of Ar1%Ona Avenue
produced, and Ocean Avenue, hav1nq an e~eVatlon of 80.99 f.et,
sald bench mark belnq shown on paq. l3 of aench MarK Book on file
~n the office ot ~~e Clty Enq1ne.r of sal~ Clty of Santa ~onica.
PARC!~ C.
7hat portion of that certaln alley, 20 reet ~lde, in the City of
Santa Monlca, County of ~o. Anqele., State of Cali!ornia, lyinq
Nortr.ea.terly of and adjacent to the Nor~~ea.t.r1y line of Lots
"V" and "Z" 1n Slock 123 of the Town of S&nta Mon1ca, a. ahown on
~ap recorded 1n Book 39 Paqe 45, .t ..q. of Mi.~.llan.ou.
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Race::::s, ::':1 ~~e C ::.=e of ':o~e :::Ju~':Y R.co.::.' f sa::.d -c''':':-.":.'f.
da.c:=~c.d a. follo~.:
s.qlnnlnq a~ ~. i~~.r.ac~::'Qn of :~e Nor~~.as:.rly prolonga:::.on
of the Nor~~w..~erly 11ne of sa~d :o'l; "Z". wlth a ~::.n. 'Cha: 1.
parall.l with and dls~ane Nor~~...~.rly 0.25 f..t. ~.a.u.ad ae
r~qht anq~.s. frolll the Nort.h...terLy hr.. of I&ld Lots "V" ana
"Z"; ~~.nc. Sout..'1ea.t.arly alonq .ald parall.l 11ne 9 00 fea': ':0
~h. true pOlnt. of c.qlnnlnq for thi. d..crlpelcn; thance
cont1nU1n; Sou~~ea.terly alonq .aid parall.l lln., 100 ta.t;
thance Sou~'1erly. alonq a lina d.flact1nq 45 d.qr... to the rlqhe
trom .ald parallel Iln.. to t..~e Northeasterly llne of .ald tot
"V"; ~'1enc. Nor~we.terly alonq the Nor~.a.t..rly 11n. of .aid
tot. "V" and "Z" ~Q a 11ne .x~.nd1nq Eas~erly, defl.ctlnq 135
d.qr... t.o t..'1. r1qht from ..1a Northea.t.erly line of tot. "Z" ana
~hlCh pa.... ~'1rouqh the ~rue poin~ of beqlnnlnq; t..'1ence Ea.terly
.lonq .ald line .0 extendinq, to the true pOln~ of ceqinninq.
EXCEPT THEREFROM that portion of .aid land ly1nq above a
hOrl%Ontal plan. havlnq an elevation of 51.59 teet. whieh i. ba..d
on the b.nch mark at. the Nor~we.~ curb of Ar1%Qna Avenue
produc.d. and Oc.an Avenu., havlnq an elevat.ion of 80.99 feet.
.a1d b.nch mar~ b.1nq shovn on ~aqe 13 of Bench Mark Book on !ile
ln th. oftice of t..~e City Enq1n..r of .a1~ City of Santa Monica.
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FntnDlGS AND DETERl1niATION
OF THE ZONmG AlJ1INISTRATOR
UPON AN APPLICATION FOR
A VARIANCE OF
p.ARXn~G REGUUTIQNS
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. An application tor a variance ot parking regulations trom
the rules, regulations and provisions ot Chapter 1, Article IX,
Municipal Code of Santa Monica, having been filed by Vilsh1re
West Company as the owners, of those certain premises situated
in the City of Santa ~on1ca, County of Los Angeles, State of
California, described as:
Lots Q, R, S, T, V, V, V, X aDd Z, Block 123,
Town ot Santa Monica as recorded in rliscel1aneous
Records Book 39, Page ~5, et. seq., in the office
of the County Recorder of Los Angeles County,
California,
and a hearing having 1Jeen held upon said application as re-
quired by Chapter 1, Article II, or the Municipal Code or
Santa Monica, the Zoning Administrator now makes the following
findinss of fact:
1. That the strict application of the provisions of
Chapter 1, Article IX, of the Municipal Code of Santa Moniea
would result in practical difficulties or ~nnece88ar,y hardships
inconsistent with the general purpose And intent of tnie Chapter,
in that applicant bas presented convincing evidence to show that
a strict interpretation ot the code requirements as to oft-street
parking would result in an actual excess in number of spaces over
those needed for the combined tenancies in the total project.
2. That there are exceptional circumstances or conditions
applicable to the property ~~volved or to the intended use or
development of the property that do Dot apply generally to other
property in the same neighborhood or zone, in that the prime
tenant, General Telephone Comp~ny of California, has a consider-
ably smaller requirement tor off-street parking than, say, a
medical office building of similar proportions. it can control
the use of parking spaces by its employees; further. some dual
use of off-street park~g can be assumed since residential needs
will be pr,mqrily in the nights, and commercial needs in the five
days of the working week.
3. That the gr~~ting of a variance would not be materially
detrimental to the public wel~are or injuriOUS to the property
or improvements, in ~~ch zone or neighborhood in which the prop-
erty is located, in that ample evidence exists to show that ~ot
only will the development have adequate on And of! site parking!
but through ita lease with the Park~ng Authority actua1~y help ~n
further improv~g the downtown CBD off-street park~g s~tuat~on.
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EXHIBIT B
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Thererore, the Zoning Adminietrator determines that the re-
que.ted variance be and herewith 1s granted from the rules,
regulations and provisions or Chapter 1, Article LI, Municipal
Code of Santa ~onica, permitting the applicant or lesBee or
successor in interest to us. tb. property hereinbefore described
(1201-12~9 Inc..Ocean Ave.), to permit a development which will
include 120 apartment un1 tB; approx1m.ately ?COO square feet
miscellaneous commercial development, and an office
development containing 255,000 .quare feet of floor apace to
be leased to General Telephone Company, waiving. in part, the
requirement that all parki~ be under the Bame ovnership as the
development and Bubsti tut1ng up to 320 apaces in the structure
o~ed by the Parking Authority of the City of Santa Monica;
further, modif:r~ the gross requirements insofar as they
relate to the General Telephone Company in accor~Ance with the
Company's actual atated requirements.
SUBJEC~ TO TR'E POLLQVING TERMS AND CONDITIONS:
a. That the variance hereby allowed i8 conditional upon
the privileges being utilized within 180 days after the effective
date thereof, and if not utilized or construction work is not be-
gun wi. thin said time, and carried on diligently to completion of
at least one uBa~le unit, this authorization shall become void
and any privilege or variance granted hereby Bball be deemed to
h.ve lapsed.
b. That the applicA_nt shall comply with all other provi sions
of cn.pter 1, Article IX, ~~niclpal Code of Santa Monica, and
with all other pertinent ordinances of the City ot Santa l1on.1ca.
c. That construction, as to the nucber of dwelling units,
number of parking spaces on the site, total floor area given over
to general co~ercial use and total floor area given over ~o the
General Telephone Company ahall be in accordance with the state-
ment submitted by TJilsh1re 'Jest Company as a part of its applica-
tion in the subject case.
d. That i! at Any time during the life of that certain
lease between the City of Santa Monica and/or the Parking
Authori~ of the City of Santa Monica. as approved by Resolution
No. 1828 CCS, to which reference is made hereby, it is established
that 95 percent or more of the total parking available both on
site and in the municipally operated structure is in use then,
and at that time, Wilshire Vest CompAny shall exercise its right,
under the lease, to rent additional spaces in the structure up to
the maximum (320); provided,however, that such spaces can,in fact,
be made available by the said Parking Authority.
e. That this variance shall be effective for the term of
said lease and any renewal thereof, but shall terminate thereafter.
f. That parking made available under lease by the Parking
Authority will be above the fourth level of any parking structure
or strolc ture 6 .
Z.A. CASE NO: ;014-Y
DATED: Znis 29~ d~y o~ AUGUST,1968
ADDRESS: 1201-1239 Inc.,Ocean Avenue
Not effective until conditions
set forth in Sec. 914635 of the
Municipal Code shall have been
met.
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L. S. STORRS,
Zon1ng Anm)ni~r.rAT.Or
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L.cASE AGRS:Ci'lSI-':T
THIS ,AGIZEE!\IENT lS made: by <lnd bE.tw~en the: Cily of S~l1l;). ;'.iO:llC<l, a
nlUlllClp<ll corpolallOll, and lhe Parklng Autbority of the Clly of Santa
1....lonica, a body cOlparate and politlc (bcldnaftcr referred lo Jointly and
severally 2.b "Clly"), and Wilshire "c~t Company, a Joint Ventulc of Daniel,
Mann, .Tol';'lsonand l,lcncJe'lhall (also \;nown as Dl\1]I\'l) and Tele1;lev:
Ploducti0ns. Inc., (h,'leinafter referred to jointly and sevclally as "\"/llsl11re
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West") as of,tlus _..;::/__)-'day of .. ./>:,./, . 1968.
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RECIT ALS
1. 01 Wibh~l'c \'lest Developnlcnt
Vfil,,~nrc ,'lest proI'oses to cOnStluct 2n extensIve oiilce, COl1'ul1erclal,
and Zlf'::Ll tment COlnpl"x on lhe cast ,ide oi Ocean Avenue betw('(,n
V/ll~llln: Boulevard and Alizona j\vellue and provision on the cOllstn~ctlOn
slle of suffloenl off-stleel pinking to satisfy the off-street pallnng
reqUlr<.ITIents of tbe; Scnla r.lol'icl 1,~u'-;lClpal Code and! or tbe off -"li eel
parkl]]; dcrnand wInch I/lilslure ';;est and Clty antlclp~le .vl111 be generated
by the occupants of the offlce and cornlllerCl<l.1 C0l11plex to be C01lstlucted
by WllshllC ','Test is not in the best interests of elther Clty or \'f11s\111'e
Weost. It lS 111 tbe best interests of tll':: Citizens oi Cily tint lhe Clt};
COllstltlCl and hayc available to lt for use acldl110rwl off-strcct palking
facilities o\'ln.::d by City, uncler contlol of Clty nnd a....,nlal>lc for 111ultlple
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use in a n12.l1nC'r, to an cxtent, and ~t a cost tn Clty nol pos'JILlc 1[ su,ll
': !acibtics \V01'C nol o\'/l1cd and OpCl"LitC'U by Clll'. In olJc.r to Sel'lL' (11C
.
best 1I1lcrcsL::;; of the gpnCl2.1 publlc u~.d tlJ(~ pal.tlcs hel C COJ)tl'2..ct~n~:, the'
parties plOpOSC 10 ~litcr 11lio this l\glccmcnt to p10v~dc the 2.dc!ll:o'>ll
off-stlcz! parkin!; '.'ih1ch is necc>ssary fe,l' COIYl[lba.llCC vnth the Svn'a
l'dOl1lCCl 11umclpal Code and which lS rcrjuLred to serve the ClIJUCll'atcc1
off-str!'ct parl'lng demand of the occupants of the_ proposcd 0[[1('0 Dllllc:1I1G
i
dcvc1o[Jlncnl as an a.ltclnal1ve to ilic creahon of anothc1- pal:~ll:g a:1d
busil1C'S 5 imp rO'v"cment a l<~a or the ill111Cxatlon of the pl ope rl r of V: 11 shll C
,rc~t to an existing pin-lung and b\Jslncss lITlprovem,cnl area.
1. 02 Ddilntions
A, "LfIllimUl"'1 P;lrkIllr' Sp:lC:.es" shalllTlCan Sl,'<!ldal d i\.ulol110o,le P.u klng
Spaces SILl'C'.lcd Hl Parku!g Structul cs in the '1ualltily anu [OJ. thc
pCl iod set forlh In the follovllIlg schedule:
t..-f:ir-.jrnunl
Lease Period _Par1~~.r2- 51"';' c ~
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J<lnUalY 2, 1971 throug:l January 1, 1972 90 Sp2..CC5
JanualY t., 1972 lhlongh Jant.iary I, 1973 180 fpaces
J211uary 2, I S'73 through Jt:.lil_lzr..ry I, 1'176 2SD sp:lC::e.'::
JanualY 2, 11776 throngh J-I..~nuar,/ 1 , 1981 2.30 spaccs
January 2, 1981 tlnou~h Janl!ar) 1. 2001 2.6:; spaccs
PIovidc.d, howcvcr, the cor.-:t:nenccmcnt <'lIO ('1;c]1:J6 vi the t(. rr.') s]Jilll
bc the Lcase Pcriods pOSlpOliCd Ly a nur~lbc1 of l!3.YS (qu~,l to the
nUlnbcr of u.J..j's of dclCl.Y suffered by ,~-I}l SLl1'..! "/!...E~t "\'./lLh0\~t [;"\l'lL en
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its part In tLe CO:llpl(:tlOn of the of[lce bUlhhuG stl uCtUl e 1''Jrtloll of
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I' the con1plcx leferl.cc1 to 111 Section 1.01.
B. t!~':.~~~o:1;:!l Par\;:ln;~ 5p,lC( 5" sLdll mean the nurnLcr, f:ro'TI liDle to
time, of Stand2.ld Autotilobilc P<lrbn;:; SP,3.CCS slluC\lc.d ill l'arbng
structures In addilion to tllQ 7vhrnrnl1ln P,u'long SpJ.ces as hClcin
provided 'wInch ..-Il1sh1) e ..-fest requesls frOlJ:l Clty 3.na ..'l!nch ,ere
leased to ,'111,.hllC I'Icst by Cay pursuant to such request.
C. "P~lrb,)c>: Snilcc5" shall mean the aggH:gale of l\llll1mUm ParkIng
Spaces and i",dchtlonal PZllking Spaces. ProvIded, howevcr, Cily
111ay, upon lcquest froiU Wilshile N8st, but shall net b" h:l,'llcl to
prm!lc1e, a srealer quantity them three hundrcd tWCl}ty (320) fllCh
PZlllung S\,2.ces.
D. "Sla:ld:l.lc1 AutOlnoblle Patl;:l"c~ Space" &I:all nleall a wcll c1dlllcalcd
palklng area fOl" a sinsle aulomotJllc wInch complws in evcry lcspect
with the st,mdards set forth In the Sante. HOnlC2. },iuniclpal Corle With
rcsp-cct to stan:1z,rd Size auto,notllles of Arnelledn n,il,'uf;\clurc.
E. "Par!';lllf.! Structt:iC" sh;llliTlcan a ITIultlplc l~vcl Fdl:dng gZiiage for
wInch thc c;cslgn :lnd constluctlOl1 stancblds arc CCjual to 01 better
than those adopted for the cxistin; mUIuClpal pa1l:111; St;.udUl'e
situated on the east SIde of Second Stl~et bCt"\'.f2C'11 :\l:lZOna j'\.vcnue
ilnd Santa idonica Eoulevard.
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COVET-.JA!'TTS OF CITY
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2, 01
ra.l !Ullg Sr'\3.ces
C1ly aGrees to set <iSlaC 01 constn,lct and set <l'>lGC, pr,or to J"I'uClry 2,
1971, a m.1).lmum of three l',-ln~llCd twenty (320) P,ll!:ln;; Spacc~ ~!1
Parl,I!~G Slluclllres all the cast sIde of Second Streee Dct'vccn Szo'nt'l. IdOl1Ica
and ,'l:.1shll C J3:Jul~v.J..:-d3 for th8 use of \'/1151111 e i.fest 1'1 aCCOl (i2..r~cc \,1Jlth
the to:. l:n 5 of thIS Ag 1 cenlent.
2.02 Lc:2.sc
Clly hereby leases to ','111s1111c I/est, upon the tcrn'lS and cO'HlIllons
helel'l set forlh, the Par!dng Spaces. Scud leasc IS SUiljCct, bowevel,
to the n~ht of Y:ilshlle .lest to ternunate at any LIme before S{'p:~mbcr I,
19GG, If it abanGons its proposal to constl uct the projeCl dcscnGcd In
Section 1.01 of tL15 Lease.
2.03 ?\lawtenance and OperatIOn
City a~lecs, at Its o\';n exp::nsc, to maIntaIn dU;'ll1g the teT'n of tillS
,
l't..gtc..cn1~nt the ?ar!~lt:[;: Structulc5 and all SelVll.e l:nplovc:rncnt.s therein
In ~ood orce r 1 C oncbtlon, and rc p2.11, and s 11.2.11 ~1a y z~ll LOS ts and c:<pcns ~ s
of OP::I<ltlll;; the S<lme as Fllkin:;; faCll:lles to th~ cJ:d tl,at .':Ils;:lrc '"rest
shall hav", avaIlable for Its us~ tbe ParkIng Spaces.
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2. 04 (:ui~t Enjoyment
City covenants tl:at, SUbj'2Ct to Cle lunltatIons cxpre5~,ly ~et fOIth
hCI~ln, \'/:Islllrc .lest. uron paYIng the rent and perfOllllll1g th~
covenants of lh:s i\~~rc~,ncllt, mly "lu:ctly have, hold, and enJoy the
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P<lllo!)g Sp"-CCS Chll ing the term of tills A(';1 eelTlCllt or ;:lIlY e;-:tcl1SlQl1 1'('1 Gef
:, wllholllllllllhancc or lntelruplion by CIty 01 any othe1 p~rSGn or per~ol.S
la\'l/fully 01 cqtut2.bly Cl2.11l'11I11j bYt lhlOUghJ or unGer CIty.
2.05
RJi;!-t of !\ssigl1men~
\'fll';hire I-fest may assIgn all or part of Hs right:.; under ~:ClS ASrc"::lnent
subject to flr::;t obtair:l:1G the City1s \";nltcn conscnt to s;:nd dSSI[~nr'lCl1t and
Cily covcnants that scdd COilsent will not be llnrca:;onaLly \'{ithhdd.
.. 2.06
CIty ApP)'o\"al or Consent
City Covenants that it WIll act promptly and rea!.onably and ihal any City
approval or consent hel cin regUlt"cd \'/111 not be Ulll casoll<.lbly wIthheld or
.' delayed.
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COV.cN,,\;]TS OF \;'ILSI!mr: 1,rEST
3. 01
~I::"llirnum n,c~lt
,JlilsLi j. C 'I'" cst c~vcnants to p~y to CItY" for I\finlmll1l1 P2.rklr_2 Sf>:'Cc.s t1Ul-:;.nG
the tCln1 of thlS i\grecmcl'l ;"' total H'I:lInurn Il.cnt of ene Inllholl fOUl"
bund:cc1 hvc thot'~aI1d eigl<t hundred c811ars ($1,405, 8CO. CO) 1:1 [pal tedy
insLalllnCllls III 3.ck2>.l1ee on January 2, i\pril2, July Z anu Octuber 2 of cach
year dUI111G the lc"_se LCTln "S set iDr~h In the follo'."l:l!j schc:.h,Jc'
L.C?.3C Pellod QUZll tSllV Hc:-'-t
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Janual",/, -, 1971 thrcllgh J2.nUclY 1, 197(, ~ 9,990.00
L,
Janu<:.ry 2, 1976 through JaGuary I, 1981 12,600.00
J ilnU,ll Y ? 1'181 thy ot~;h Janu<lry 1, 2001 11,925.00
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Tl.e COVen<lllt of \\'115h11 e \'lest to pay th~ }.hnllnllln Helll (awl i\c.d:L,ol1,ll
Rent when duel IS tilC pnnClpa1 consldcl-at1on fur the c;o.eeullC'n of thlS
IlGrCCI'wnt by eel)'. [(cccipt of the fust ~'cnt paYlllcnt of ::'9, ':no 00 fo~'
thc qU..ll'tCl commC'11c:ng Jal1'-l:lry 2, 1:0;7115 hc~cby acl~no'.<,Jcdsccl.
3.02
Add1tlOlla1 Rent
&r'illslll~C ~V.csl covcnaTi1s to p~y to Clty, alo~lg \'/llh ilnc1 In 2.c!lJILICil1 lo
ldinimUlll He n~J durin,:: L:l(~ LC 1'n1 of t!l1 S II g1 C Cl ncnL a:1 ;'cckht1c'Ell He nt of
forly fivc dul:"l$ ($15.00) pel c;:::1"n[12.1 qualtc1" pcr Sta110alU _\.utoolObile
Pall;iil~ Space fu;:" each Sl2.:lc!2rc. i'.\l:C':11Q(1l1c ParJang Sp,",ce rC[j,l'll cd In
I,. addltlon to the r.:l:limum Pall,:ns Sp~ccs a:1d ar;lC'cs to cclttfy In Wlltlllg,
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on or befol'e the beginnmg of cael. calendar lj'J2.1l[~r dUTlng lhe term of lhlS
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' AgleemenL, the 1\urnl>(,1' of AddlllOnal Pall,ing ;'[><lCe5 lequiled fOl llC
cnSlllll['. Cju,Hlcrl,,: period In oruer to obV1Cltc the nc(:u for O:l-stlcct pJ.l'lnllg
;' to :;crve tbe occq:3.nts (li/eludinG their enlployccs, Guests ",lr! commercial
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11 visit01S) of the Plo?:.Jscd devclopmcnl.
3.03
Use of P2.l1~lng Spaces
\'/ilshlle \'iest Ul1cerst"-n,Js al~d 2.g1ees that. it is 2. COI1[ht:Oll of the ('~:ccutJOtl
,of tillS AGreemenL by ell)' th2.t the ngl:l is reselved bcre"'lth by ell", to use
Agl('emcnt as follows:
the F2.1kinG Sp2.CCS for !;cr:cl'2.1 rublic p2.l:k1ng uunng lhe term of tias
a. i\ll day of each S<:1turc1ay and Sunda.y of evel"">, wecl ,
b. All clay of each legal holiday obsenfecl by the pnnelp2.1 tenant
of the ofi~cc bcnlthns In the proposed develcpment, anu
unoccupIed.
c. After 6.00 1]' m. ead1 other day to the cAtent suc]~ spaces ,11e
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GJ.:J'iEIU,L TJ~H}.:S OF i>Gf:EEljEI<T
4.01
TCIlll of Lease
The XlGl,t of n'lh;nirc \'fest to occnp/ t1:e Parlol'G Sp:,ccs dnll COl";)lY1CllCe,
subJc.et to Sc;:ctlOn 1. 02(:\), Jauuary 2, 1971 and sl:a11 tr>1l'1l:l<lte, unless
extended as provided herein, January 1, ZOO1.
1.02
Oplioa to E:;<_t::~Ild Tc I'm
eity covenant" that \\'ILhirc i'lest shall have the e>..c1us1\'c and ullibteral
ribht to extend the telT:l of lllls AgreelY1ent for flYe (5) SUCCCSS1','e ilvc (S)
year pCllods, upon 1I1lrty days wlitten notIce of such ekellon prlUl to the
end of the arIGlllal tcrnl hereof 01' any extended penod heleunder, fell'
two InmJrcd SIxty five (265) Parl_1ng Spaces at a j\lit:IHlllln Rent of lwo
lUlIl(h ed th11 ty eIght thousand hve hundred dollars (7238,500.00) fOl each
frJe YC<ll p~riod p2.yablc in q,lalterly Installments of cleven thoufand nIne
hundl ed twenty f1ve dolbrs ($ll, 925. CO) il' aclvancc on JanU<l1 y Z, Ap1l1 Z,
July Z and October 2 of each year of the e~:lepded lease lClnl or tCIIIlS.
4.03
DeLllllL Gy \.'fl15l11rc dcsl
,If (a) \'{!I!,lllre "lest shall fall to p:lY any 1 ent::.!. payable here'.ll1drll' wlLhin
fifteen d:cys L'o:n the c'lale rental L payable, 01 (L) YilLlnre \'iebt dnll
fail to keep any such othel tern1S, co'.'enants, or condItIons conla:nc<.l
hCICllI for a pcl'iod of twenty-five (25) c!a'lS uHer V/l'ltlclI nct:ce of a v101ution
thereof frOl1I elly, or (e) i'{I]S!Ul'C IVesl's il,tClcst III tLls i\gleemcnt Ot any
palt theleof shall loe aSSIGned or tlansicrlcd wllhout the Wl'ltten consent of
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