HomeMy WebLinkAbout2017-05-23 - AGENDA REPORTS - CANYON COUNTRY COMMUNITY CENTER LEASE AGMT (2)Agenda Item: 5
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: fill
DATE: May 23, 2017
SUBJECT: LEASE AGREEMENT FOR CANYON COUNTRY COMMUNITY
CENTER
DEPARTMENT: Recreation, Community Services, Arts, and Open Space
PRESENTER: Richard E. Gould
RECOMMENDED ACTION
City Council:
1. Authorize the City Manager, or designee, to execute on behalf of the City of Santa Clarita a
Lease Agreement with HWA Incorporated (Owner) in the amount of $10,028 per month for
the first year of the lease for approximately 3,900 square feet of commercial space to be used
for the Canyon Country Community Center, subject to City Attorney approval.
2. Authorize the City Manager, or designee, to execute renewal options, in a form subject to
City Attorney approval.
BACKGROUND
The Canyon Country Community Center (Center) has been leased from HWA Incorporated in its
current location at 18760-18796 Flying Tiger Drive since 2012.
The Recreation and Community Services Division has provided programming at this location in
the areas of inter -generational and senior programming, health and fitness, art, education and
enrichment, and neighborhood outreach since 2012. The location of the Center is small in
footprint and programming extends beyond the physical walls of the Center through partnerships
and by utilizing existing resources.
The term of this agreement will begin on June 1, 2017 and extend to January 31, 2020. The
agreement provides the option to extend the lease for up to four (4) additional, successive one -
month lease extensions to anticipate for the completion of the new Canyon Country Community
Center. The lease agreement requires a security deposit of $10,028 and an initial three-year
term, with three percent annual rent increases and future renewal options. During year one of the
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lease, the monthly rent is $10,028 which includes the space and all common area management
costs.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Adequate funds are available in Canyon Country Community Center Rents and Leases Account
15315-5121.001.
ATTACHMENTS
Lease Agreement
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CITY OF SANTA CLARITA
LEASE AGREEMENT
This Lease Agreement ("Agreement") is made and entered into this day
of , 2017, by and between HWA Incorporated ("Lessor") and the
CITY OF SANTA CLARITA, a municipal corporation ("Lessee").
1. Premises: Subject to the terms and conditions set forth in this Agreement,
Lessor hereby leases to Lessee approximately 3,932 square feet of building space
consisting of units numbered 18792 and 18796 (the "Premises"), constituting a
portion of the building (`Building") containing an estimated 14,718 total square feet
of space located at 18760-18796 Flying Tiger Drive, Santa Clarita, in the County of
Los Angeles, State of California ("Premises"). The Premises are specifically and
more particularly described on the drawing attached hereto as Exhibit "A" and
incorporated herein by this reference.
2. Term and Options:
(A) Term: Unless extended or sooner terminated as provided in this Agreement,
term of this Agreement (the "Term") will begin on June 1, 2017 (the
"Commencement Date") and will expire on January 31, 2020.
(B) Options: Lessee shall have the option to extend the Term of this Agreement
for up to four (4) additional, successive one -month lease extensions on all of the c
same terms and conditions as set forth in this Agreement, except that the rental 3
rate during such extensions will be as provided in Section 3. Such option is to be
exercised by the giving of written notice of exercise by Lessee to Lessor not less than
60 days prior to the end of the Initial Term or 15 days prior to the end of the then
extended term, as applicable. As used herein, unless the context otherwise o
requires, the "Term" of this Agreement includes any extensions of the initial Term.
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3. Rental Payments and Increases: During year one of the Term the rent a,
shall be $10,028 per month. The rent during the Term and any extensions of the a
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Term is a gross rent and, except as otherwise expressly provided in this Agreement, a
will include all management fees, insurance, real property taxes and common area J
maintenance and operating costs and expenses of the Building, parking areas and
land. Annual increases in the monthly rent of three percent (3%) of the immediately E
preceding monthly rent will become effective annually, beginning on the first M
anniversary of the Commencement Date and continuing thereafter on each Q
anniversary of the Commencement Date, demonstrated as follows:
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Year One $10,028
First Anniversary $10,329
Second Anniversary $10,639
During each one month extension of the Initial Term, if any, the monthly rent
during such extension(s) will be equal to the monthly rent in effect immediately
prior to the commencement of the first such extension plus 3% of such rent and
rounded to the nearest whole dollar. Thus, for example, if the first one month
extension is exercised, the rent during such extension and any additional extensions
will be $10,958 ($10,639 + $319= $10,958).
4. Security Deposit: Upon commencement of the Term, Lessee agrees to
deposit with Lessor the sum of $10,028 as a security deposit as security for Lessee's
faithful performance of its obligations under this Agreement. If Lessee fails to pay
any rent or other amount when due and payable under this Agreement, or fails to
perform any of the terms hereof, then, following Lessee's failure to cure such failure
to pay or perform prior to the expiration of any applicable notice and cure period,
Lessor may appropriate and apply or use all or any portion of the security deposit
for rent payments or any other amount then due and unpaid and for any loss or
damage sustained by Lessor as a result of Lessee's default or breach, and Lessor
may so apply or use this deposit without prejudice to any other remedy Lessor may
have by reason of Lessee's default or breach. If Lessor so uses any of the security
deposit, Lessee shall, within 10 business days after written demand therefor,
restore the security deposit to the full amount originally deposited. Within 10
business days after the Term has expired or Lessee has vacated the Premises,
whichever shall last occur, and provided Lessee is not then in default on any of its
obligations hereunder, Lessor shall return the security deposit to Lessee, or, if
Lessee has assigned its interest under this Agreement, to the last assignee of
Lessee. If Lessor sells its interest in the Premises or Building, Lessor may deliver
this deposit to the purchaser of Lessor's interest and thereupon be relieved of any
further liability or obligation with respect to the security deposit
5. Use of Premises and Parking: The Premises are to be used as a
community center for the benefit of the public and for uses consistent therewith,
which may include, but are not limited to, special events and public outreach
activities. Lessor agrees that Lessee and its employees, visitors and authorized
agents will have the non-exclusive right to use its calculated share (26.7%) of the
parking lot, and all other common areas and facilities associated with the Building
in common with other tenants of the Building; provided, that Lessor may
promulgate reasonable and nondiscriminatory written rules and regulations
governing the use of the parking lot and other common areas and facilities, and
Lessee will abide by such rules and regulations. Lessee's use of the parking lot
shall be reasonable and in proportion to occupancy of the building.
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6. Retail Restrictions: Lessor acknowledges the need to restrict other
tenants, occupants and users of the Building to activities and uses reasonably
compatible with a multi -generational community center. Accordingly Lessor agrees
that it will not lease space in the Building to or permit occupancy in the Building by
businesses such as, but not limited to, liquor stores; cigar, cigarette or smoking
paraphernalia shops; massage parlors; video and magazine stores which sell or rent
adult materials; or any other provider of adult, age -restricted materials or services.
7. Compliance with Law: Lessee will, at its sole cost and expense, comply
with all of the requirements of all federal, state, and local authorities now in force,
or which may hereafter be in force, pertaining to Lessee's particular use of the
Premises and will faithfully observe in the use of the Premises all laws applicable to
such use; provided that, notwithstanding the foregoing or anything else in this
Agreement to the contrary, Lessor and not Lessee shall be responsible, at Lessor's
sole cost and expense, for complying with any such requirements necessitating the
making of structural or capital improvements or repairs to the Premises.
8. Condition of Premises: Lessee hereby accepts the Premises subject to all
applicable zoning, municipal, county and state laws, ordinances and regulations
governing and regulating the use and occupancy of the Premises, and any
easements, covenants or restrictions of record.
9. Maintenance, Repairs, Utilities, and Janitorial Services:
(A) Maintenance -Lessee: Lessee, at its sole expense, shall maintain the interior,
non-structural portions of the Premises in good condition and repair, including,
without limitation, maintenance and repair of exposed electrical and plumbing and
performance of all customary janitorial work (e.g., dusting, vacuuming, interior
window washing and interior trash disposal). Upon termination of this Agreement
for any reason, Lessee agrees to surrender the Premises to Lessor broom clean and
in good condition and repair, ordinary wear and tear excepted.
(B) Maintenance -Lessor: Except as provided in paragraph 9(A), Lessor shall, at
its sole expense (except as provided below with regard to routine HVAC
maintenance and exterior window washing), maintain and repair (including the
making of necessary replacements) all portions of the Building, the Premises, the
parking areas and the land on which they are located, including, without limitation,
fire sprinklers, trash removal, exterior window washing, graffiti removal, the sewer
system, the grounds, sidewalks, patios, parking spaces, landscaping, all exterior
walls, windows and interior structural walls, floors, ceilings, roof (including
structural components thereof), all mechanical systems (including, without
limitation, HVAC system), concealed plumbing, and concealed electrical systems.
Notwithstanding the foregoing to the contrary, to the extent the need for
maintenance or repair of any of the matters for which Lessor is responsible under
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this paragraph 9(B) is due to the negligence or willful misconduct of Lessee or its
agents or employees, then Lessee shall be responsible for the reasonable cost of such
maintenance or repair. Further, Lessee agrees to reimburse Lessor for the actual
and reasonable cost of ordinary, routine maintenance of the HVAC system of the
Premises, and agrees to reimburse Lessor for the actual and reasonable cost of
exterior window cleaning of the Premises, such cleaning not to exceed once every
three months. Lessor will ensure all urgent requests from Lessee for emergency
repair service for the HVAC system are preformed within 24 hours. If Lessor fails to
provide such emergency repair service within 24 hours, Lessee is authorized to
procure necessary emergency repair service without liability to Lessor for the effect,
if any, of such repair service on any HVAC system guaranties or warranties, and in
such event, Lessor agrees to reimburse Lessee for the cost of such repair service.
(C) Utilities: Lessor agrees to furnish the Premises with adequate utility
services including heating, ventilating and air conditioning in such reasonable
quantities as is reasonably necessary for the comfortable occupancy of the Premises.
In addition, Lessor shall provide electric current for normal lighting and normal
office machines, and water for lavatory and drinking purposes in such reasonable
quantities as is reasonably necessary for general office use and in compliance with
applicable codes. Electrical service is metered separately to each individual unit,
and the Lessee shall pay that monthly cost directly to the service provider. Lessee
agrees to pay it's calculated share of 26.7% of the water service provided to the
Building which is not separately metered to each unit. Lessee is not responsible for
any charges for water used for the common areas, parking lot or landscaping of the
property on which the Premises are located, and common area utilities and services,
which include, but are not limited to, electrical, gas, water and trash service, shall
continue to be provided by Lessor at no additional cost to Lessee.
10. Alterations or Additions to Premises.
(A) Alterations: Lessee will not make, or cause to be made, any alterations to the
Premises, or any part thereof, without Lessor's prior written consent, which consent
will not be unreasonably withheld.
(B) Lessee's Property. All trade fixtures, equipment, and personal property of
the Lessee located at the Premises will remain the property of the Lessee during the
term of this Agreement and may be removed by Lessee at any time during the term
of this Agreement and shall be removed by Lessee prior to the expiration or other
termination of the term of this Agreement. Liability for damages or claims made for
expenses incurred, or related to, any such removal is the sole responsibility of the
Lessee. Lessee shall notify Lessor in writing confirming that all removals are
completed, and any remaining items will be deemed to have been abandoned and
may be retained or disposed of by Lessor as Lessor sees fit without any liability to
Lessee.
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11. Insurance / Indemnity:
(A) Lessee's Liability Insurance: For the mutual benefit of Lessor and Lessee,
Lessee shall during the term of this Agreement cause to be issued and maintained
public liability insurance in the sum of at least $2,000,000, for injury to or death of
one person, $2,000,000 for injury to or death of more than one person in any one
accident, insuring the Lessee against liability for injury and/or death occurring in or
on the Premises and $2,000,000 of property damage coverage. Required insurance
policy shall also be endorsed to name Lessor, its officials, and employees as
"additional insureds" under said coverage, to state that such insurance will be
deemed "primary" such that any other insurance that may be carried by Lessor will
be excess thereto, and to state that the policy will not be cancelable or subject to
reduction except upon thirty (30) days prior written notice to Lessor. The Lessee
shall maintain all such insurance in full force and effect during the term of this
Agreement and all extensions thereof, and shall pay all premiums for the insurance.
Evidence of insurance and of premiums shall be delivered to the Lessor.
(B) Property Insurance -Lessee: Lessee shall, at Lessee's expense, obtain and
keep in force during the term of this Agreement for the benefit of Lessee,
replacement cost fire and extended coverage insurance, with vandalism and
malicious mischief endorsements, in an amount sufficient to cover not less than
100% of the full replacement cost, as the same may exist from time to time, of all of
Lessee's personal property, fixtures, equipment and/or other improvements located
on the Premises.
(C) Property Insurance -Lessor: Lessor shall, at Lessor's expense, obtain and
keep in force during the term of this Agreement replacement cost fire and extended
coverage insurance, with vandalism and malicious mischief endorsements, in an
amount sufficient to cover not less than 90% of the full replacement cost, as the
same may exist from time to time, of the Building and other improvements on the
land on which the Building is located.
(D) Indemnity: Lessee shall indemnify and hold harmless Lessor and its officials,
officers, employees, contractors and agents (each an "Indemnified Party" and,
collectively, the "Indemnified Parties") from and against any and all claims for
damage and/or liability to the person or property of anyone or any entity arising
from Lessee's use of the Premises, or from the conduct of Lessee's business or from
any activity, work or things done, permitted or suffered by Lessee in or about the
Premises and shall further indemnify and hold harmless the Indemnified Parties
from and against any and all claims, costs and expenses arising from any negligence
or willful misconduct of Lessee, or any of Lessee's agents, contractors, employees, or
invitees, and from and against all costs, attorney's fees, expenses and liabilities
incurred by the Indemnified Parties as the result of any such use, conduct, activity,
work, things done, permitted or suffered, or negligence or willful misconduct, and in
dealing reasonably therewith, including but not limited to the defense or pursuit of
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any claim or any action or proceeding involved therein: and in case any action or
proceeding be brought against any Indemnified Party by reason of any such matter,
Lessee upon notice from the Indemnified Party shall defend the same at Lessee's
expense by counsel reasonably satisfactory to the Indemnified Party and the
Indemnified Party shall cooperate with Lessee in such defense. An Indemnified
Party need not have first paid any such claim in order to be so indemnified.
(E) Exemption of Lessor from Liability: Except for negligence or other wrongful
conduct by Lessor or its officers, employees, contractors or agents, Lessee hereby
agrees that Lessor shall not be liable for injury to Lessee's business or any loss of
income therefrom or for loss of or damage to the property of Lessee, Lessee's
employees, invitees, customers, or any other person in or about the Premises, nor
shall Lessor be liable for injury to the person of Lessee's employees, agents or
contractors, whether such damage or injury is caused by or results from theft, fire,
steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or
other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or
lighting fixtures, or from any other cause, whether said damage or injury results
from conditions arising upon the Premises, or from other sources or places, or from
new construction or the repair, alteration or improvement of any part of the
Premises, or of the equipment, fixtures or appurtenances applicable thereto, and
regardless of whether the cause of such damage or injury or the means of repairing
the same is inaccessible.
(F) No Representation of Adequate Coverage: The requirements as to the types
and limits of insurance coverage to be maintained by Lessee as required within this
Agreement, and any approval of such insurance by Lessor, are not intended to and
will not in any manner limit or qualify the liabilities and obligations otherwise
assumed by Lessee pursuant to this Agreement, including but not limited to the
provisions concerning indemnification.
12. Taxes:
(A) Real Property Taxes: Lessor shall pay the real property tax applicable to the
Premises, the Building and the land on which they are located, and Lessee has no a,
obligation to pay nor to reimburse Lessor for any portion thereof. As used herein, a
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the term "real property tax" shall include any form of real estate tax or assessment,
general, special, ordinary or extraordinary, and any license fee, commercial rental
tax, improvement bond or bonds, levy or tax (other than inheritance, personal
income or estate taxes) imposed on the Premises, Building or land on which they
are located, or any portion thereof, by any authority having the direct or indirect
power to tax, including any city, county, state or federal government. Q
(B) Personal Property Taxes: Lessee shall pay prior to delinquency all taxes
assessed against and levied upon trade fixtures, furnishings, equipment and all
other personal property of Lessee contained in the Premises.
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13. Lessee Default: Lessee's failure to pay any monetary obligation under this
Agreement as and when due, where such failure is not cured within thirty (30) days
following Lessee's receipt of written notice thereof from Lessor, will constitute a
default by Lessee. In addition, Lessee's failure to perform and discharge its other
obligations under this Agreement within thirty (30) days following receipt of written
notice from Lessor of such failure will constitute a default by Lessee; provided, that
if the nature of such failure is such that more than thirty (30) days are reasonably
required to cure the same, then Lessee will not be in default so long as Lessee
commences to cure such failure within such thirty (30) day period and thereafter
diligently completes the cure of such failure. Upon any default by Lessee, Lessor
may provide Lessee with a written three-day notice that describes the default and
demands that Lessee cure the default, if cure is possible. If Lessee does not cure the
default within the three (3) days, or if cure is not possible, Lessor may pursue all
remedies available to it including, without limitation, termination of this
Agreement.
14. Assignment and Subletting: This Agreement may not be assigned, nor
may the Premises be sublet, either in whole or in part, by Lessee without the
express written consent of the Lessor, which consent Lessor shall not unreasonably
withhold. Any such purported assignment or subletting without Lessor's written
consent will be null and void and, at Lessor's election, constitute a non -curable
default under this Agreement.
15. Lessee's Expansion Option: Lessee shall have the option to lease additional
space in the Building, as the same may become available from time to time during
the Term, under the same terms and conditions (including, but not limited to, the
same per square foot rental rate then in effect) set forth under this Agreement. If
space in the Building becomes available for leasing by Lessor, then before Lessor
lists or advertises such space as being available for lease, Lessor agrees to give
Lessee written notice of such fact. Within five (5) business days following Lessee's
receipt of such notice, Lessee may elect by written notice given to Lessor to lease
such space. If Lessee elects to lease such space, this Agreement is to be amended to
add such space to the Premises leased hereunder and to make an appropriate
adjustment to the monthly rent.
16. Lessor's Access. Lessor and its authorized representatives shall have the
right to enter the Premises for the purposes of (a) determining whether the
Premises are in good condition and whether Lessee is complying with its obligations
under this Agreement; (b) performing any necessary maintenance, repairs or
restorations to the Premises which Lessor has the right or obligation under this
Agreement to perform; (c) serving, posting or keeping posted any notices of non -
responsibility required or allowed by law; and (d) posting "For Sale" signs at any
time during the term of this Agreement, and posting "For Rent" signs during the
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last sixty (60) days of the term of this Agreement or during any period while Lessee
is in default. Lessor's entry shall be during normal business hours and upon
reasonable prior notice to Lessee, except where the need for such entry is due to an
emergency or a situation posing an imminent threat of injury or damage to persons
or property. Lessor shall not be liable in any manner for any inconvenience,
disturbance, loss of business, nuisance or other damage arising out of Lessor's or its
representatives' entry on the Premises as provided in this paragraph, except where
due to the negligence or willful misconduct of Lessor or its representatives..
17. Holdover: If Lessee remains in possession of the Premises after the
expiration of this Agreement, with Lessor's express written consent, Lessee's
occupancy shall become a month -to -month tenancy at a rental rate equal to the
previous month's rental payment for a period of not more than six months. In the
event Lessee continues to occupy the Premises for more than six months in the
holdover status, Lessee agrees to pay Lessor a monthly rental amount equal to
120% of the then -current rental payment amount thereafter or until such other
terms are agreed to in writing. All other terms and conditions shall remain the
same and in full force and effect. Nothing in this paragraph or this Agreement shall
be construed as consent by Lessor to any holding over by Lessee. Nothing in this
Agreement constitutes a waiver by Lessor of its right to require Lessee to surrender
possession of the Premises to Lessor as provided in this Agreement.
18. Sale or Transfer by Lessor. In the event of a sale or other transfer by
Lessor of its interest in the Premises, the Building or the land, Lessor shall be
automatically relieved of any and all obligations and liabilities on the part of Lessor
arising under this Agreement from and after the date of such sale or other transfer
19. Condemnation; Casualty:
(A) Condemnation: If the whole of the Premises or the Building or land or so
much thereof as to render the balance unusable by Lessee, in Lessee's reasonable
judgment, shall be taken under power of eminent domain, or is sold, transferred or
conveyed in lieu thereof, this Agreement shall automatically terminate as of the
date of such condemnation, or as of the date possession is taken by the condemning
authority. No award for any partial or entire taking shall be apportioned, and
Lessee hereby assigns to Lessor any award which may be made in such taking or
condemnation, together with any and all rights of Lessee now or hereafter arising in
or to the same or any part thereof; provided, however, that nothing contained herein
shall be deemed to give Lessor any interest in or to require Lessee to assign to
Lessor any award made to Lessee for the taking of personal property and trade
fixtures belonging to Lessee, for Lessee's tenant improvements or for relocation
expenses or the interruption of, or damage to, Lessee's business. In the event of a
partial taking described in this Section 19(A), or a sale, transfer or conveyance in
lieu thereof, which does not result in a termination of this Agreement, the rent shall
be apportioned according to the ratio that the part of the Premises remaining
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useable by Lessee bears to the total area of the Premises. Lessee hereby waives any
and all rights it might otherwise have pursuant to Section 1265.130 of the
California Code of Civil Procedure.
(B) Casualty: If any portion of the Building or the Premises is damaged by fire or
other casualty, then Lessor shall promptly repair and restore the same to as nearly
their condition existing immediately prior to the casualty as is reasonably possible,
and monthly rent shall be equitably abated to the extent that Lessee is prevented
from using all or any part of the Premises; provided, that if the time for repair of
the Premises is reasonably estimated by Lessor's contractor to exceed 60 days from
the date of the casualty, either Lessor or Lessee may terminate this Agreement on
written notice to the other. If any portion of the Building (exclusive of the
Premises) or any portion of the parking area is damaged by fire or other casualty
such that Lessee's access to or use of the Premises is materially interfered with in
Lessee's reasonably judgment, then Lessee may terminate this Agreement on
written notice to Lessor. In no event shall Lessor be responsible to restore or
replace Lessee's personal property, fixtures, equipment and/or other improvements
located on the Premises. If this Agreement is terminated pursuant to this
paragraph, such termination will be effective as of the date of the casualty and rent
and other charges shall be prorated to such date.
20. Force Majeure: Should performance of any obligation under this Agreement
by a party, other than the obligation of such party to pay any monetary sum, be
prevented due to fire, flood, explosion, war, embargo, government action, civil or
military authority, the natural elements, or other causes, whether similar or
dissimilar, beyond such party's reasonable control, then the time for performance of
such obligation will be extended for a period of time equal to the period of such
prevention.
21. Time of Essence: Time is expressly declared to be of the essence in this
Agreement.
22. Sole and Only Agreement: This Agreement constitutes the sole and only
agreement between Lessor and Lessee respecting the Premises and the subject
matter of this Agreement, and correctly sets forth the obligations of Lessor and
Lessee to each other as of its date. Any agreements or representations respecting
the Premises or their leasing by Lessor to Lessee not expressly set forth in this
instrument are null and void.
23. Binding on Heirs and Successors: Subject to the restrictions on
assignment, transfer and subletting contained in this Agreement, this Agreement
shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties.
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24. Notices: Except as otherwise provided by law, any and all notices or other
communications required or permitted by this Agreement or by law to be served on
or given to either party to this Agreement by the other party shall be in writing, and
shall be deemed duly served and given when personally delivered (including by
commercial courier or overnight delivery service) to the party to whom it is directed
or, in lieu of such personal service, five (5) business days after deposit in the United
States mail Certified Return Receipt requested, postage prepaid, addressed to
Lessor at:
HWA Incorpated
1001 Wilshire Blvd.
Santa Monica CA 90401
Attn: Sandy Mechammil
Cell 818-388-8071
And to Lessee at:
City of Santa Clarita
City Manager
23920 Valencia Blvd., Ste 300
Santa Clarita, CA 91355
Telephone: (661) 255-4905
Either party may change its address for purposes of this paragraph by giving
written notice of the change to the other party in the manner noted above in this
paragraph.
25. Signs and Security Cameras: Lessee shall not place any additional
exterior signage or install security cameras upon the Premises or the common areas
without Lessor's prior written approval, which approval may not be unreasonably
withheld or delayed. All signs, fixtures and improvements must comply with local
government codes.
26. Waiver of Breach: Any express or implied waiver of a breach of any term of
the Agreement will not constitute a waiver of any further breach of the same or
other term of this Agreement.
27. Governing Law: This Agreement has been made in and will be construed
in accordance with the laws of the State of California and, to the fullest extent
permitted by law, exclusive venue for any action involving this Agreement will be in
Los Angeles County.
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28. Partial Invalidity. Should any provision of this Agreement be held by a
court of competent jurisdiction to be either invalid or unenforceable, the remaining
provisions of this lease will remain in effect, unimpaired by the holding.
29. Construction: The language of each part of this Agreement will be
construed simply and according to its fair meaning, and this Agreement will never
be construed either for or against either party on account of its having drafted the
same.
30. Authority / Modification: Each party represents and warrants that all
necessary action has been taken by such party to authorize the execution and
delivery of this Agreement and the performance of its obligations described herein.
This Agreement may only be modified by written amendment signed by the parties.
31. Counterparts: This Agreement may be executed in any number of
counterparts, each of which will be an original, but all of which together will
constitute one instrument executed on the same date.
32. Review of Agreement. Lessor and Lessee have carefully read and reviewed
this Agreement and each term and provision contained herein and, by execution of
this Agreement, show their informed and voluntary consent thereto. The parties
hereby agree that, at the time this Agreement is executed, the terms of this
Agreement are commercially reasonable and effectuate the intent and purpose of
Lessor and Lessee with respect to the Premises.
33. No Representation. No representation or recommendation is made by either
party or their respective agents or employees as to the legal sufficiency, legal effect,
or tax consequences of this Agreement or the transaction relating thereto; the
parties shall rely solely upon the advice of their own legal counsel as to the legal
and tax consequences of this Agreement.
(Signatures follow on the next page)
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5.a
In Witness whereof the parties hereto have caused this Agreement to be
duly executed by their respective duly authorized officers or
representatives as of the date first set forth above.
LESSOR:
HWA Incorporated
By:
Sandy Mechammil
By:
Albert Dib
LESSEE:
CITY OF SANTA CLARITA
Kenneth Striplin, City Manager
Approved as to Form:
City Attorney
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5.a
Exhibit A
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City 0fSanta Clarita Archifacfural'Floor Plans
CANYON COUNTRY COMMUNITY CENTER
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