For purposes of this Chapter, the following definitions shall apply:
AFFECTED TENANT. A commercial tenant who was unable to pay their rent during the Moratorium Period due to circumstances related to the COVID-19 pandemic and either (1) on or before July 31, 2022 provided written communication to their landlord of their selection of the grace period options described in § 11.34.030; or (2) failed to provide their landlord with written communication on or before July 31, 2022 of their selection of one of the grace period options; thereby, automatically becoming subject to the 12-month grace period described in § 11.34.030.
BACK RENT. That portion of rent owed by an affected tenant that qualified for deferral during the Moratorium Period and remained unpaid upon expiration of the Moratorium Period.
COMMERCIAL PROPERTY.
1. Real property, including any part, portion, or unit thereof, and any related facilities, space, or services, except the following:
a. Any dwelling unit as defined in Cal. Civil Code § 1940.
b. Any dwelling unit in any mobilehome park, as defined in Cal. Health and Safety Code § 18214.
c. Any recreational vehicle as defined in Cal. Civil Code § 799.24.
2. COMMERCIAL PROPERTY may include but is not limited to retail, office, industrial, manufacturing, assembly, warehousing, hotels, motels, and special uses such as gas stations, theaters, bowling alleys, health care facilities, nursing facilities, child care centers, and schools.
COMMERCIAL TENANT. Any individual, agency, association, branch, corporation, estate, group, partnership, or other entity or organization entitled by lease or by sufferance, to the use or occupancy of a commercial property, provided that such person holds a valid business license issued by the City of Culver City, unless exempt from business license requirements under the Culver City Municipal Code. Effective June 1, 2020, COMMERCIAL TENANT shall not include a multinational company, publicly traded company, or a company that employed 200 or more employees on March 20, 2020. Effective March 1, 2021, COMMERCIAL TENANT shall not include a multi-national company, publicly traded company, or a company that, together with that company's parent, subsidiary, affiliated, and related companies, employed 200 or more employees on March 20, 2020. For the purpose of this definition, a "multinational company" and "publicly traded company" shall include that company's parent, subsidiary, affiliated, and related companies.
GRACE PERIOD. The period of time for the repayment of back rent selected by, or automatically applied to, the affected tenant on or before July 31, 2022, as described in § 11.34.030.
IMPLEMENTATION MEASURES. The Tenth Amended Rules and Implementation Measures Regarding Commercial Tenant Eviction Moratorium issued by the City Manager on April 29, 2022.
LANDLORD. An owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of a commercial property and the agent, representative, or successor of any of the foregoing.
LEASE. The written or oral agreement setting forth the terms and conditions of the commercial tenant's use or occupancy of the commercial property.
MORATORIUM PERIOD. March 20, 2020 through and including July 31, 2022.
NOTICE OF TERMINATION. Any notice, including notice given under Cal. Code of Civil Procedure § 1161, informing a commercial tenant of the termination of its tenancy for nonpayment of rent.
RENT. The sum of all monetary payments and all nonmonetary consideration demanded or received by a landlord from a commercial tenant for the use or occupancy of the commercial property, including the commercial tenant's access to and use of services provided by the landlord related to the use or occupancy of the commercial property. rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered.
WRITTEN COMMUNICATION. Includes mail, email or text communications to the landlord or the landlord's representative with whom the affected tenant has previously corresponded by mail, email or text.
(Ord. No. 2023-003 § 3)