CC - Item 6B - Staff Report - License Agreement - 8828 Glendon Way rc. E1°�M B ' a ROSEMEAD CITY COUNCIL
�I\ STAFF REPORT
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TO: THE HONORABLE MAYOR AND CITY COUNCIL.
FROM: GLORIA MOLLEDA, CITY MANAGED .0 .
DATE: APRIL 24,2018
SUBJECT: LICENSE AGREEMENT—8828 GLENDON WAY
SUMMARY
At the January 2018 City Council meeting, Mayor Ly requested that staff study options on how
privately owned vacant lots may be used for recreational uses to benefit the public. Such
privately owned vacant lots are an eyesore to the community and the desire is to activate the lots
as a public benefit until at such time the properties are developed.
Staff has studied the task and identified the following salient challenges of using private owned
vacant lots on a temporary basis private properties for public recreational use:
• Properties are privately owned and the City lacks site control.
• Because the properties would be eventually developed, any improvement by the City
would need to be removed and land returned to its original condition.
• Funding for temporary site improvements.
• Added liability and resources needed for the City to assume site control and activity
programing.
One possibility is to create temporary community gardens that the community may use to grow
produce for personal use. The benefit of the community garden concept is that the necessary
improvements would be minimal, the land may be decommissioned relatively with minimal
effort to its original condition, and maintenance of the property may be assumed by participants
of the garden.
A vacant lot located at 8828 Glendon Way has been identified as a potential location for such
community garden and the property owner has agreed to license the lot to the city on a month-to-
month basis. A License Agreement has been negotiated and is presented to the Council for
consideration. Upon Council's approval to execute the Agreement and procure site control, staff
ITEM NO. 6B
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City Council Meeting
April 24,2018
Page 3 of 3
On March 6, 2018, staff presented the temporary community park proposal to the Parks
Commission. The Parks Commission was unanimously supportive of the community park
concept and the 8828 Glendon Way location. The Commission commented that the proposed
temporary community garden option is a "great opportunity" for use of vacant land, the City
should pursue other vacant properties, and asked about timing, staff resources, working with
non-profit groups, and a desire to establish a more permanent community garden lot.
Upon Council's authorization for the City Manager to execute the proposed License Agreement,
Staff will bring before to the Council at a future date a proposed programing guidelines (e.g.,
who may use the garden, costs, what can be grown, etc.) and site improvement concepts (size
and location of the plots, water faucet locations, walkway circulation, etc.) for further direction.
Before commencing such efforts, Staff is seeking Council's direction and approval of the
License Agreement terms and site location.
STAFF RECOMMENDATION
It is recommended that Council authorize the City Manager to execute a License Agreement with
Hartford Hotel Investment Inc. for a community garden use of a property located at 8828
Glendon Way, Rosemead CA 91770 (APN 5390-018-018).
FISCAL IMPACT
One Dollar ($1.00) for the term of the License Agreement. Improvement costs are to be
determined and presented at a later date.
STRATEGIC PLAN IMPACT
None.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Ben Kim, ector of Community Development
Attachments: A License Agreement
Attachments: B Community Garden Survey
Attachments: C Parks Commission March 6, 2018 Minutes
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Attachment A
License Agreement
LICENSE AGREEMENT
(Community Garden)
This License Agreement for community garden ("Agreement") is effective as
of , 2018 ("Effective Date"), and is between THE CITY OF ROSEMEAD, a
California municipal corporation and general law city ("Licensee" or "City"), and HARTFORD
HOTEL INVESTMENT INC., a California Corporation("Licensor").
SECTION 1. Recitals. This Agreement is entered into with respect to the following facts:
1.1 Licensor is owner of certain real property located within the City of Rosemead,
with an address of 8828 Glendon Way, Rosemead CA 91770, APN 5390-018-
018, and depicted on the attached Exhibit A("Property").
1.2 Licensor wishes to grant Licensee a license to use the Property for community
garden-related uses, including educational events and workshops related to
sustainable gardening practices, according to the terms discussed in this
Agreement.
SECTION 2. Grant of License.
2.1 Grant of License. Licensor grants to Licensee an exclusive license (license")to
use the Property for the purpose of operating a community garden ("Garden").
Licensee may install and maintain improvements on the Property reasonably
related to the operation of such a Garden, including, but not limited to, fencing,
planter boxes, and water delivery systems(e.g., irrigation).
2.2 Improvements. Licensee may make improvements to the Property at its sole
cost.
2.3 Fee. As consideration for the License, Licensee will pay Licensor $1.00 for the
Term of the License.
SECTION 3. Expenses.
3.1 Utilities. Licensee has sole responsibility for obtaining and paying for all water,
electricity, heat, sewage, storm sewer, or any other utility service used on the
Property during the License term.
SECTION 4. Insurance.
4.1 Licensee will obtain public liability and property damage insurance which names
the Licensor as additional insureds, and covers Licensee obligations under this
Agreement in an amount not less than $1,000,000.
SECTION 5. Term and Termination.
5.1 Term. Subject to the provisions of this Section 5 regarding early termination, the
term of this Agreement will be for a period beginning on the Effective Date and
will continue as a month-to-month basis.
MP#4811-3778-3389 v1 1
5.2 Termination. Either party may terminate this Agreement, effective after 30 days'
prior notice. Upon termination of this Agreement and the request of Licensor,
Licensee agrees to remove all Improvements as directed by Licensor and restore
the Property to its original condition as of the Effective Date, reasonable wear
and tear excepted.
SECTION 6. Indemnification.
6.1 Licensee will indemnify, defend, protect and hold harmless Licensor from and
against, any and all liabilities, claims, actions, causes of action, proceedings,
suits, damages, judgments, liens, levies, costs and expenses of whatever nature,
including reasonable attorneys' fees and disbursements (collectively, "Claims"),
which may arise or otherwise occur as a result of the Improvements or
Licensee's use of the Property under this Agreement, including the installation,
maintenance, repair or removal of any of the Improvements, except to the extent
that any such Claims are related to the negligence or willful misconduct of
Licensor, its agents, or employees.
SECTION 7. Notices. Any notice required to be given under this Agreement must be given by
personal service or by deposit of the notice in the custody of the United States
Postal Service or its successor, first class postage prepaid, addressed to the
party to be served as follows:
Licensee: City of Rosemead
Attention: City Manager
8838 E Valley Blvd,
Rosemead, CA 91770
Licensor: Hartford Hotel Investment Inc.
729 Carriage House Dr.
Arcadia, CA 91006
The parties may designate alternate persons to receive notice on their behalf as
necessary. Notices will be deemed given as of the date of personal service, or
three days after deposit of the notice in the custody of the Postal Service.
SECTION 8. General Provisions.
8.1 Authority to Execute. Each party represents and warrants that all necessary
action has been taken by such party to authorize the undersigned to execute this
Agreement and to bind it to the performance of its obligations.
8.2 Binding Effect; Assignment. This Agreement is binding upon the heirs, executors,
administrators, and successors of the parties. This Agreement is personal and
may not be assigned except to a successor in interest of the respective party.
8.3 Modification of Agreement. No amendment to or modification of this Agreement
will be valid unless made in writing and approved by both parties. The parties
agree that this requirement for written modifications cannot be waived and that
any attempted waiver will be void.
MP 114811-3778-3389 v1 2
8.4 Waiver. Waiver by any party of any term, condition, or covenant of this
Agreement will not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement will not
constitute a waiver of any other provision, or a waiver of any subsequent breach
or violation of any provision of this Agreement.
8.5 Interpretation. This Agreement will be interpreted, construed, and governed
according to the laws of the State of California. Each party has had the
opportunity to review this Agreement with legal counsel. The Agreement will be
construed simply, as a whole, and in accordance with its fair meaning. It will not
be interpreted strictly for or against either party.
8.6 Severability. If any term, condition, or covenant of this Agreement is declared or
determined by any court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions of this Agreement will not be affected
and the Agreement will be read and construed without the invalid, void or
unenforceable provision.
8.7 Venue. In the event of litigation between the parties, venue in state trial courts
will be in the County of Los Angeles. In the event of litigation in a U.S. District
Court,venue will be in the Central District of California, in Los Angeles.
8.8 Counterparts. This Agreement may be executed in one or more counterparts,
each of which is deemed an original and all of which will be taken together and
deemed to be one instrument. Transmission by fax or PDF of executed
counterparts constitutes effective delivery
8.9 Entire Agreement. This Agreement, including the attached Exhibit A, is the final
and exclusive expression of the parties with respect to the matters addressed in
this Agreement and supersedes all other agreements or understandings, whether
oral or written, between the parties before the execution of this Agreement.
[Signatures on the following page.]
MP#4811-3778-3389 v1 3
THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF THE PARTIES have caused
this Agreement to be executed as follows:
LICENSEE: CITY OF ROSEMEAD
By:
Gloria Molleda, City Manager
ATTEST:
Mace-DenohueEncka Hernandez, City Clerk
LICENSOR: HARTFORD HOTEL INVESTMENT INC.
Na:
Name&Title: (,E o
By: l+Ann/1
Name&Title: chew. drier
MP$4811-3778-3389 vt 4
EXHIBIT A
Description and depiction of Property
Address: 8828 Glendon Way, Rosemead, CA 91770
APN: 5390-018-018
Legal Desc.: ROSEMEAD 0.54 MORE OR LESS AC ON S LINE OF GLENDON WAY COM
W 184.09 FT FROM E LINE OF LOT 3 BLK 7TH WON SD S LINE 66FT TH S
5390 ]8 '• .._.• _ _ -:.
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Attachment B
Community Garden Survey
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Attachment C
Parks Commission Draft Minutes
March 6, 2018
MINUTES OF THE ROSEMEAD PARKS COMMISSION
REGULAR MEETING
MARCH 6,2018
The regular joint meeting of the Rosemead Parks Commission was called to order at 7:00 p.m. in
the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead,
California.
PLEDGE OF ALLEGIANCE was led by Commissioner Tocki
INVOCATION was led by Commissioner Ly
ROLL CALL: Commissioners Lin. Ly. Ruvalcaba,and Tocki
ABSENT: Chair Chavira
1. PUBLIC COMMENTS FROM THE AUDIENCE—None
2. CONSENT CALENDAR—None
3. MATTERS FROM STAFF
A. Community Garden
Director of Community Development Ben Kim presented a concept of creating
temporary community gardens on vacant privately owned lots. Vacant lots are an
eyesore to the community and Mayor Pro Tern Ly requested that staff study options for
putting such idle lots for recreational uses that would benefit the community. The
presentation discussed:
• Research of similar community garden was done around surrounding cities and site
visits were conducted of community gardens in Alhambra and South Pasadena.
• A potential community garden in Rosemead is located on Glendon Way next to the
existing Hartford Hotel property.
• Property owner is willing to lease or rent the vacant lot at a nominal rate for a short
period of time.
• Slides presented on South Pasadena Community Garden:
Commissioner Ly asked about the difference between non-profit organizations and
others.
Parks and Recreation Director Jason Chacon replied that Alhambra Community Garden
is being ran by their Parks and Recreation Department, while in South Pasadena is
operated by a non-profit organization.
Page I of 6
Director Chacon stated there are two different types of community gardens: 1) Run by
city staff, like Alhambra which could be a strain on city resources, 2) Operated by
volunteers like South Pasadena where there is minimal city involvement as operated by a
volunteer organization.
Commissioner Ruvalcaba stated that it's a great opportunity for club members and
associations, like the Kiwanis and PTA.
Commissioner Ly asked if the city operated the community garden what would be the
potential costs? If volunteer operated the community garden, would the non-profit set the
user fee or the city?
Director Chacon stated the city council would have a say on the fee, but it's not the goal
to generate revenue from the community garden. City would still have a staff assist in
running the property.
Commissioner Tocki asked how long and the cost of the leased to the city?
Director Kim stated that city would utilize the private property as a community garden
until the property is developed. Each lease would be different per negotiation with each
owner but all leases would be short term, month to month. Owners would provide at least
a 30-day notice to convey property back. The proposed term with Hanford Hotel is $1 for
the term of the lease and they agreeable in working with the city.
Vic Chair Lin asked if there are other properties in the horizon for relocation if the said
Glendon Way property has to be vacated.
Director Kim stated that city staff has completed a vacant lot survey throughout the city
and is focusing on vacant properties along major commercial corridor for other
opportunity sites.
Commissioner Ly asked how soon can this garden be up and running and estimated
timing for the garden opening and the development of the property. Follow up, will the
city he looking into having restrooms based on the surveys?
Director Kim stated that no restroom is anticipated due to that these are private properties
and would need to be returned to owners in original condition. Goal is to minimize visual
blight and expend minimal costs for such item as installing irrigation, rough grading, and
planter type which still needs to be discussed. Regarding timing, each property's
development schedule is different. For this property, the owner indicated a year out but a
hotel development requires planning entitlement and building plancheck review which
takes time and the city would be made aware in advance of when the property would
need to be returned.
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Director Chacon stated the city's ability to develop the garden quickly with staff s
experience in community garden at other cities and the advantage that this property is
owned by the adjacent Hartford Hotel owner.
Vice Chair Lin asked if the city be providing fencing, gating, and signage.
Director Chacon stated more than likely yes. Expenses would be rough grading,
irrigation, fencing, and signage.
Commissioner Tocki asked if the city had an estimate for those items.
Director Chacon stated the city has no rough budget yet and waiting on commissioners
for feedback.
Vice Chair Lin asked based on the aerial shot that there is a large tree, would the city
have to remove it?
Director Kim stated the goal is to keep it with minimal disturbance.
Commissioner Ly stated that the city consider the non-profit model. Would the city form
a partnership if a short term lease is executed?
Commissioner Tocki stated it is a great idea but is concerned about the time frame. If the
term is short, people may not care.
Commissioner Ruvalcaba stated that non-profit organizations enjoy other short term
projects. The point is to spread the work around to clubs and non-profit organizations.
Director Chacon stated one way to work with a short lease agreement is work on plot
agreement timeframe from 1-2 years to 3-months.
Commissioner Ruvalcaba stated the benefit for a longer lease terns period but but this is a
positive effort to make accomplishment.
Commissioner Ly asked there are any restrictions what people can or cannot grow?
Director Chacon stated no trees, shade, or grow things to sell or large quantities for
commercial use.
Commissioner Ly asked if the city can provide tools or shed as an incentive. Possibly
partner up with Home Depot or local businesses. Open the garden to residents first then
non-residents.
Vic Chair Lin states that he agrees with Commissioner Ly. Gain more interest with local
restaurants and get Chamber of Commerce to assist in getting businesses involved.
Would like to have a 2-year minimum term with Hartford Hotel.
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Commissioner Ly stated city should look into other sites ready to move prior to the lease
expiring.
Vice Chair Lin stated that the commissioners feel hesitant in making a motion.
Director Chacon stated no motion needs to take place. The Directors Kim and Chacon
would take the feedback received to the council agenda including staff suggestions.
Commissioner Ruvalcaba asked to be told when the items are in the council meeting to
be informed including the rest of the commissioners.
4. MATTERS FROM COMMISSION
A. Bitley Elementary School Joint Usage
Commissioner Toki asked that the city look into Bitely School for a joint usage
agreement on the large east side of the grass area.
Director Chacon stated that discussions can be done with the Garvey School District with
questions to run a similar agreement as Duff School, Temple Intermediate. and Sanchez .
The main cost would be the security for the school, i.e. perimeter of the school buildings,
condition of the playground and the city to maintain. Other areas to look at are the
blacktop.
Commissioner Ruvalcaba asked about the gates being fenced away from the school
building so that the playgrounds are accessible to the kids.
Director Charon stated during school times the inner gates would be open to the school
while the outer perimeter gates locked for the public. Afterschool, the inner gates locked
while the perimeter gates open to allow the public to the field and playground not the
school buildings.
Commissioner Toki stated he was asking about the east field being fenced not the inner
school so that kids play on an open field. Who would be responsible of the trash.
Commissioner Ruvalcaba asked that Sanchez School/Temple Intermediate is divided by a
fence to prevent usage on Jess Gonzales Sports Complex which would be similar at
Bitely School.
Director Chacon stated that it can be done that way. Response to Commissioner Toki, the
city staff would be responsible of cleaning the trash every night when closing the gates.
Commissioner Ly asked Commissioner Toki if any amenities be added to the open space.
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Commissioner Toki stated yes or no but would be nice to have. Open space is highly
desirable.
Commissioner Ly asked about securing the site with join usage and would be nice to
have amenities. Asked to see on the map the large open space east of Bitely which is
Garvey Intermediate.
Commissioner Ruvalcaba asked the concern of parking around the school.
Commissioner Toki stated that the streets around Bitely is very open.
Commissioner Ly stated he is not concern unless a big amenity was added that attracted
many people.
Director Chacon stated that tons of amenities is not recommended to attract outsiders but
for local community to enjoy.
Vice Chair Lin asked who is responsible for irrigation and lawn space.
Director Chacon stated that the school district but discussions can be made to share the
responsibility such as Jess Gonzales Sports Complex. Reimbursement can be done.
Commissioner Ly asked that city staff check into Garvey School District on the most and
least that it will do to work together.
Director Chacon stated that no decision needs to be made but is being asked to work with
school district.
Commissioner Ly asked then the city would engage to the school district first then
discuss amenities after.
Director Chacon stated who would be involved in the discussions, the school district,
superintendent, assistant superintendent, director of facilities, city public works and parks
and recreation. During the meeting questions can be asked as to what can be done.
Commissioner Toki asked if this has even been brought up.
Director Chacon stated not for this site but has been worked on with Duff School.
Commissioner Ly asked is it worth exploring Garvey Intermediate as well.
Director Chacon stated that it can be asked when in discussion but there are no
playgrounds at Garvey Intermediate can be a better option.
Commissioner Ruvalcaba stated that Garvey Intermediate is mainly used for running and
sports.
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Commissioner Ly stated Bitely looks a lot better than Garvey Intermediate.
Director Chacon stated that he will research the item.
5. ADJOURNMENT
The meeting was adjourned at 7:58 p.m. The next regularly scheduled meeting is set for
Tuesday,April 3. 2018, at 7:00 p.m.
Parks Commission Secretary
APPROVED:
Chen Lin, Vice-Chair
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