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CC - (1) Acceptance of Fire and Emergency Lane Easement from the Los Angeles County Metropolitan Transportation Authority; and (2) Approval of a License and Indemnity Agreement with Platform Hayden Tract, LLC for Use of a Fire and Emergency Lane Easement.
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Contact Person/Dept: Charles D. Herbertson / Public Works
Phone Number: (310) 253-5630
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (10/22/15)
Department Approval: Charles D. Herbertson, Public Works Director / City Engineer (10/19/15)
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RECOMMENDATION
Staff recommends the City Council: (1) accept a Fire and Emergency Lane Easement from the Los Angeles County Metropolitan Transportation Authority (MTA); and (2) approve a License and Indemnity Agreement with Platform Hayden Tract, LLC for use of such Fire and Emergency Lane Easement.
BACKGROUND
The conditions of approval for the development project located at 8810-8850 Washington Boulevard and 3920 Landmark Street, Culver City (Platform Project) requires the Platform Project to meet all applicable Fire Codes. The Fire Department has determined that an emergency exit is required from the Platform Project property to the area immediately adjacent to the Platform Project, which is currently MTA-owned Expo right-of-way.
DISCUSSION
In order to provide for emergency egress from the Platform Project, staff has determined that an emergency exit onto the Expo right-of-way is required. To provide for this exit, it is necessary for the City to obtain a Fire and Emergency Lane Easement from MTA. MTA will not provide such an easement to a private entity, but will grant an easement to the City and allow the City to grant a license to a private entity for use of the easement. Therefore, the City has arranged with MTA to obtain a Fire and Emergency Lane Easement and has also prepared a License and Indemnity Agreement for Platform Hayden Tract, LLC’s use of the easement for emergency egress as well as regular ingress and egress.
MTA’s easement allows for the City (Grantee) and its “Permitees” (which includes licensees) to construct, lay, install, use, maintain, alter, repair, operate, replace, inspect, remove, use and occupy, at any time or from time to time the improvements for public safety purposes and all incidental uses. The City also has the right to review any plans and specifications for excavation or subsurface construction adjacent to the easement.
The License and Indemnity Agreement between the City and Platform Hayden Tract, LLC (Licensee) authorizes Licensee’s use of the City’s Fire and Emergency Lane Easement. The agreement shall remain in effect in perpetuity or until no longer required. Licensee is required to maintain the licensed area at its own cost and expense and agrees to indemnify and insure the City for its use of the easement. If approved, the License and Indemnity Agreement will be executed and recorded after the City receives the recording date and Instrument Number for the Fire and Emergency Lane Easement Deed from the County Registrar/Recorder’s Office.
FISCAL ANALYSIS
MTA is granting this easement in favor of the City at no cost to the City.
ATTACHMENTS
1. Fire and Emergency Lane Easement Deed
2. License and Indemnity Agreement with Platform Hayden Tract, LLC for Use of Fire and Emergency Lane Easement.
RECOMMENDED MOTIONS
That the City Council:
1. Accept a Fire and Emergency Lane Easement from the Los Angeles County Metropolitan Transportation Authority;
2. Approve a License and Indemnity Agreement with Platform Hayden Tract, LLC for use of such Fire and Emergency Lane Easement;
3. Authorize the City Attorney to review/prepare the necessary documents; and,
4. Authorize the City Manager to execute such documents on behalf of the City.