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HomeMy WebLinkAbout2017-04-11 - AGENDA REPORTS - LEASE EXTENSION WINTER SHELTER (2)Agenda Item: 3 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: fill DATE: April 11, 2017 SUBJECT: LEASE EXTENSION FOR THE SANTA CLARITA VALLEY TEMPORARY EMERGENCY WINTER SHELTER PROGRAM DEPARTMENT: City Manager's Office PRESENTER: Jerrid McKenna 1 1 K6 u u R ►1 I .MW930I City Council approve a three year extension to a lease agreement that would authorize Bridge to Home to operate a Temporary Emergency Winter Shelter on City of Santa Clarita (City) -owned property located at 23029 Drayton Street. BACKGROUND The Santa Clarita Valley Temporary Emergency Winter Shelter Program is operated by Bridge to Home, a local non-profit organization. The location or siting of the winter shelter was determined in 2007 as part of a community Task Force effort led by Los Angeles County Supervisor Michael Antonovich. This Task Force was comprised of business, community, school, government, and non-profit leaders within the Santa Clarita Valley. In February 2007, the City Council approved a recommendation made by the Task Force to site the winter shelter at three different locations in the Santa Clarita Valley over a nine year period. The locations approved by the City Council as recommended by the Task Force included the City -owned Golden Valley Road property, City -owned Drayton property, and Peter J. Pitchess Honor Rancho in Castaic (Los Angeles County Jail), which is owned by the County of Los Angeles. The plan was for the shelter to stay at each location for three consecutive years to minimize moving costs, which based on previous estimates provided by Bridge to Home, could cost as much as $180,000 to move six modular structures. In the past, the moving costs were paid for by Supervisor Antonovich's Office and the Los Angeles Homeless Services Authority (LAHSA). In addition to minimizing moving costs, the intent of the rotation was to provide Bridge to Home time to find a permanent location for the shelter. The shelter started operations at the City -owned Golden Valley Road property during the 2007- Page 1 Packet Pg. 19 O 2008 winter season and remained at that location until March 2010. During the 2010-2011 winter season, the shelter moved to the City -owned Drayton property. In August 2012, Bridge to Home met with City staff to request an extension to the Drayton lease which would allow the shelter to continue operations at the Drayton site for three additional consecutive winter seasons. The City Council approved the lease extension at the February 12, 2013, City Council meeting, allowing Bridge to Home to stay at the Drayton site through 2016. Throughout the last year, City staff has been actively working to site a permanent location for the winter shelter. Allowing Bridge to Home to remain at the current location will eliminate significant moving costs and provide additional time to locate a permanent temporary shelter location. Similar to what was approved by the City Council at the February 12, 2013, meeting, the proposed lease agreement includes: • Support of a lease extension which would allow Bridge to Home to operate the temporary winter shelter at the City -owned Drayton site for an additional three consecutive winter seasons (winter seasons of 2017-2018, 2018-2019, and 2019-2020). • A "winter season" allows Bridge to Home to operate the shelter the Monday prior to Thanksgiving Day until March 31 of each year. • In the event extreme winter weather conditions occur beyond March 31, with the City's approval, the "winter season" may continue beyond March 31 on a month -to -month basis. • Bridge to Home agrees that the winter shelter may not be used as a year-round shelter during the term of the lease agreement. The draft lease agreement is attached to this agenda. ALTERNATIVE ACTION None determined at this time. FISCAL IMPACT No fiscal impact identified at this time. ATTACHMENTS Draft Lease Agreement Page 2 Packet Pg. 20 3.a CITY OF SANTA CLARITA LEASE AGREEMENT This Lease Agreement (Agreement) to lease a portion of the property located in Santa Clarita (23029 Drayton Street, Santa Clarita, CA 91350), California for use as a temporary winter homeless shelter. This Agreement is entered into on April , 2017 by and between The City of Santa Clarita, a Municipal Corporation (Lessor), and Bridge to Home, a non-profit organization (Lessee). 1. Premises: Subject to the terms and conditions set forth in this Agreement, Lessor hereby leases to Lessee that certain parcel of land located at 23029 Drayton Street, Santa Clarita, CA 91350, and more specifically described on Exhibit A, which is attached hereto and incorporated herein by this reference. 2. Term: The term of this Agreement shall be for a period of three (3) "Winter Seasons," commencing on the date this Agreement is fully executed and written above and shall end on March 31, 2020. The "Winter Season" is defined as the period beginning no earlier than the Monday before the Fourth Thursday of November ("Thanksgiving"), and ending no later than March 31 of each year this Agreement remains in effect. In the event extreme winter weather conditions occur beyond March 31, and with Lessor's prior written approval, each year, the "Winter Season" may continue beyond March 31 on a month -to -month basis. The Lessor may terminate the Agreement prior to the termination date if it has provided written notice to Lessee six (6) months prior to the start of a Winter Season that the site needs to be utilized for access for any planned uses on the Saugus Industrial property located on Springbrook Avenue and north of Drayton. The Lessor has the option to terminate the Agreement, upon written notice, if Lessee fails to comply with the Covenants and Conditions in Exhibit C. Written notice of termination must be no less than sixty (60) days prior to the intended termination date. Any decision on behalf of the Lessor to terminate the Agreement is subject to approval of the City of Santa Clarita City Council. 3. Base Rent: Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) per year as base rent for the Premises during the term. Rental payment is due upon execution of the Agreement and thereafter on the first business day of November of each year of the lease term. If this agreement continues on a month to month basis, the rental fee shall be as negotiated and agreed upon by both Lessee and Lessor. Lease Agreement, By and between City of Santa Clarita (Lessor) and Bridge to Home (Lessee) Location: Drayton Street Page 1 of 15 Packet Pg. 21 3.a 4. Use of Premises: The primary use of the Premises shall be as a shelter for homeless individuals during the "Winter Season." The Premises may not be used as a year-round homeless shelter during the term of this Agreement. In connection with such primary use, individuals seeking to access services of the shelter (including overnight accommodations) may arrive at the Premises no earlier than 4:00 p.m. and must depart the Premises by 9:00 a.m. the following day. During all other Winter Season hours (i.e., from 9:00 a.m. until 4:00 p.m.) the Premises may be used for other purposes related to the operation of the homeless shelter only: these include preparation for opening the Premises as a shelter, clean- up and closure of the shelter, storage of materials and supplies, meetings of Lessee's and employees, authorized agents, contractors, and on -site counseling services and dental clinic without overnight accommodations. The Premises may not be used for any commercial or for -profit purposes, or for any other uses not specifically described herein, without the prior express written approval of Lessor. 5. Compliance with Law: Lessee shall comply with all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements of any fire insurance underwriters or rating bureaus, now in effect or which may hereafter come into effect, whether or not they reflect a change in policy from that now existing, during the term or any part of the term hereof, relating in any manner to the Premises and the occupation and use by Lessee of the Premises. Lessee shall conduct its business in a lawful manner and shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or shall tend to disturb neighboring businesses in the vicinity. Lessee shall employ specific methods as required to control noise or dust that occur as a result of Lessee's business activities. In addition, as a condition to this Agreement, Lessee agrees to adhere to the terms and conditions set forth within Exhibit B, "Master Case No. , Temporary Use Permit No. Final Conditions of Approval." (Exhibit B is attached hereto and incorporated herein by this reference.) This Temporary Use Permit shall be renewable annually and issued by the City of Santa Clarita's Community Development Department, Planning Division. 6. Condition of Premises: Lessee hereby accepts the Premises "as is", subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any easements, covenants or restrictions of record, and further, Lessee accepts this Agreement subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that it has satisfied itself by its own independent investigation that the Premises is suitable for the intended use, and that neither Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 2 of 15 Bridge to Home (Lessee) Packet Pg. 22 3.a Lessor nor Lessor's agent or agents has made any representation or warranty that the Premises was ever, is now or will remain suitable for Lessee's intended purposes. 7. Maintenance, Security, Utilities & Trash Removal: At all times during the term of this Agreement, Lessee shall maintain the Premises in a good, clean, and safe condition at all times. On expiration or any earlier termination date of this Agreement, Lessee shall surrender the Premises to Lessor in a condition as good as existed on the Commencement Date, with reasonable wear and tear accepted. Lessor is aware that Lessee or Lessee's authorized agents have installed six (6) portable modular buildings on the Premises, and acknowledges that such modular buildings are not considered as fixtures despite being affixed to the ground, and that such modular buildings remain the property of Lessee and must be removed by Lessee or Lessee's authorized agents at the termination of this Agreement. Once installed, buildings may not be moved to another location on the Premises without prior written approval from Lessor. If Lessor fails to notify Lessee of its determination within three (3) business days of receipt of Lessees' written request, the request will be deemed approved. Lessee shall be responsible for providing at least one licensed, unarmed, uniformed security guard at the shelter during the shelter's operating hours during the Winter Season. Lessee is responsible to contact the Los Angeles County Sheriff's Department immediately in the event of any unsafe or unusual incidents or confrontations that may occur at the shelter. Lessee remains responsible for providing any other security that may be necessary to protect Lessee's property, employees, agents or clients. Lessee shall meet with surrounding businesses on an annual basis during the winter season to receive input on the Lessee's operations and to determine any impacts. Lessee shall submit a report to the Lessor that summarizes the issues discussed at each meeting and a plan of action to address the issues raised. Subject to the limitations more specifically described within "Section 8, Alterations and Additions," Lessee shall remain fully responsible for providing for all costs and labor associated with the initial installation and final disconnection of all required utility services; such services shall include but not be limited to electrical, water, telephone and cable utilities. Lessee shall be responsible for providing a sanitary method of containment of and for the timely removal of all trash, septic waste and debris resulting from the operation of the shelter. If after reasonable notice from Lessor, Lessee fails to provide for the timely and complete removal of all such waste, Lessor may elect to Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 3 of 15 Bridge to Home (Lessee) Packet Pg. 23 3.a clean the premises and Lessee shall be responsible for all such reasonable removal costs. 8. Alterations or Additions to Premises. (A) Approved Additions. Lessor previously granted approval for Lessee to install six (6) modular buildings and exterior lighting on the Premises. All such additions shall remain the property or responsibility to maintain of Lessee and are not considered as "fixtures" for purposes of determining ownership of such additions. All other alterations or additions not specifically approved herein shall require Lessor's written approval prior to any such new installations. If Lessor fails to notify Lessee of its determination within three (3) business days of receipt of Lessees' written request, the request will be deemed approved. (B) General Limitations: Lessee shall not make any alterations, improvements, additions, or installation of new building structures; provide any utility installations on or about the Premises without Lessor's prior written approval. If Lessor fails to notify Lessee of its determination within three (3) business days of receipt of Lessees' written request, the request will be deemed approved. As used in this paragraph the term "Utility Installation" shall mean power panels, electrical distribution systems, lighting fixtures, plumbing, and telephone or telecommunication wiring and/or equipment. At the expiration of the term, Lessor may require the removal of any or all alterations, improvements, additions or utility installations, regardless of having previously approved the installation of same, and may require Lessee to restore the Premises to its prior condition, at Lessee's expense. (C) Request to make alterations or additions: Any alterations, improvements, additions, or Utility Installations in or about the Premises that Lessee may desire to make shall be presented to Lessor in written form, with proposed detailed plans. If Lessor shall give its approval to Lessee's making such alteration, improvement, addition or Utility Installation, Lessor's approval shall be deemed conditioned upon Lessee acquiring a permit to do so from the applicable governmental agencies, furnishing a copy thereof to Lessor prior to the commencement of the work, and compliance by Lessee with all conditions of said permit in a prompt and expeditious manner. Lessee shall also provide Lessor with a complete copy of the as -built plans and specifications before the start of work for any such alterations, improvements, additions, or Utility Installations that Lessor may approve. (D) Permission to alter or construct additions: If Lessor does permit Lessee to make its own alterations, improvements, additions or Utility Installations, Lessee shall use only such contractor as has been expressly approved by Lessor; Lessor's approval of Lessee's selected contractor shall not be unreasonably withheld and will Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 4 of 15 Bridge to Home (Lessee) Packet Pg. 24 3.a be provided to Lessee within ten (10) calendar days from receipt of Lessee's written request. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, or use a contractor not expressly approved by Lessor, Lessor may, at any time during the term of this Agreement, require that Lessee remove any part or all of the same. (E) Lessee shall pay, when due, all claims for labor or materials furnished to or for Lessee at or for use in the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises, or any interest therein. (F) Lessee shall give Lessor not less than fifteen (15) days' written notice, or a lesser period of time if agreed to by Lessor, prior to the commencement of any work on or about the Premises by Lessee, and Lessor shall have the right to post notices of non -responsibility on or about the Premises as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the Premises, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien claim or demand indemnifying Lessor against liability for the same and holding the Premises free from the effect of such lien or claim. (G) Utility Additions: Lessor reserves the right to install new or additional utility facilities throughout the Premises including, but not limited to, such utilities as plumbing, electrical systems, communication systems, and/or fire protection and detection systems, regardless of who shall benefit from such additions so long as such installations do not unreasonably interfere with Lessee's stated use of the Premises. 9. 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 maintain on the leased property 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. Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 5 of 15 Bridge to Home (Lessee) Packet Pg. 25 3.a 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) Indemnity: Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, 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 or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Agreement, or arising from any act or omission 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 Lessor as the result of any such use, conduct, activity, work, things done, permitted or suffered, breach, default or negligence, and in dealing reasonably therewith, including but not limited to the defense or pursuit of any claim or any action or proceeding involved therein: and in case any action or proceeding be brought against Lessor by reason of any such matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. (D) Exemption of Lessor from Liability: Except for active negligence or other wrongful conduct by Lessor, 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 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 6 of 15 Bridge to Home (Lessee) Packet Pg. 26 3.a 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. (E) No Representation of Adeauate 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 or any other Agreement, including but not limited to the provisions concerning indemnification. 10. Taxes - Personal, Personal Property, and/or Possessory Interest: Notwithstanding anything contained elsewhere in this Agreement, Lessee is solely responsible for any tax(es) levied upon their proportionate share of leased space, or arising as a result of this agreement, including any and all penalties that may be associated with such taxes. Lessor claims no responsibility for the preparation, payment or any claims associated with any tax assessed to Lessee. 11. Assignment and Subletting: There shall be no assignment of this agreement, nor the Premises during the term of this Agreement and any extensions thereof. However, Lessor hereby acknowledges, that Lessee may contract with a third party to conduct shelter services on the premises. 12. Default: The occurrence of any one or more of the following events shall constitute a material default of this Agreement by Lessee: (A) Vacation or Abandonment of the Premises: Vacation of the Premises shall include the failure to occupy the Premises for a continuous period of sixty (60) days or more during the Winter Season, whether or not the rent is paid. Notwithstanding this provision, the vacation of the Premises at times other than during the Winter Season shall not be considered an event of default. The premises shall not be deemed vacated or abandoned if the Premises are being prepared for occupancy. (B) The breach by Lessee of any of the covenants, conditions or provisions relative to alterations, assignment, failure to maintain and keep the premises in good condition, vacation or abandonment, insolvency, false statement, estoppel Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 7 of 15 Bridge to Home (Lessee) Packet Pg. 27 3.a certificate, subordination, auctions, or easements, all of which are hereby deemed to be material, non -curable defaults provided that Lessor gives 30 days written notice to Lessee allowing for an opportunity to cure. (C) The failure by Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Lessor to Lessee. In the event that Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes such Notice to Pay Rent or Quit shall also constitute the notice required by this paragraph. 13. Lessor's Liability. The term "Lessor" as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in a ground lease of the Premises, and in the event of any transfer of such title or interest, Lessor herein named (and in case of any subsequent transfers then the grantor) shall be relieved from and after the date of such transfer of all liability as respects Lessor's obligations thereafter to be performed, provided that any funds in the hands of Lessor or the then grantor at the time of such transfer, in which Lessee has an interest, shall be delivered to the grantee. The obligations contained in this Agreement and performed by Lessor shall, subject as previously mentioned, be binding on Lessor's successors and assigns, only during their respective periods of ownership. 14. Remedy for Default. If there is a default by Lessee as provided by Section 12, then Lessor may terminate this Agreement upon 30 days written notice to Lessee. Either party may terminate this Agreement, with or without cause, upon 90 days written notice to the other party. 15. Time of Essence: Time is expressly declared to be of the essence in this Agreement. 16. Sole and Only Agreement: This instrument constitutes the sole and only agreement between Lessor and Lessee respecting the Premises, 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, unless an addendum to this Agreement is agreed to in writing by both the Lessor and Lessee. 17. Binding on Heir and Successors: This Agreement shall be binding on and shall insure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties. Lease Agreement, By and between City of Santa Clarita (Lessor) and Bridge to Home (Lessee) Location: Drayton Street Page 8of15 Packet Pg. 28 3.a 18. Binding Effect; Choice of Law. Subject to any provisions within this agreement restricting assignment or subletting by Lessee, this Agreement shall bind the parties, their personal representatives, successors, and assigns. This Agreement shall be governed by the laws of the State of California, and any litigation concerning this Agreement between the parties hereto shall be initiated in Los Angeles County. 19. Subordination: (A) At Lessor's option this Agreement shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the Premises by Lessor and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Agreement, unless this Agreement is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Agreement granted prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Agreement shall be deemed prior to such mortgage, deed of trust or ground lease, whether this Agreement is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (B) Lessee agrees to execute any documents required to effectuate an attornment, subordination, or to make this Agreement senior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within thirty (30) days after written demand shall constitute a material default by Lessee hereunder without further notice to Lessee. 20. 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 to the party to whom it is directed or, in lieu of personal service, when deposited in the United States Mail Certified Return Receipt requested, postage prepaid, addressed to: Lease Agreement, By and between City of Santa Clarita (Lessor) and Bridge to Home (Lessee) Location: Drayton Street Page 9 of 15 Packet Pg. 29 3.a Lessor at: City of Santa Clarita 23930 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355 Attention: Frank Oviedo, Assistant City Manager And to Lessee at: Bridge to Home P.O. Box 802978 Santa Clarita, CA 91380 Attention: Silvia Gutierrez, Executive Director Either party may change its address for purposes of this paragraph by giving in written notice of the change to the other party in the manner noted above and per this paragraph. 21. Lessor's Access: Lessor and Lessor's agents shall have the right to enter the Premises for the purpose of inspecting the same, performing any services required of Lessor, showing the same to prospective purchasers, lenders, or lessees, taking such safety measures, erecting such scaffolding or other necessary structures, making such alterations, repairs, improvements or additions to the Premises as Lessor may reasonably deem necessary or desirable and the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises, on the fencing and/or elsewhere on the Premises as long as there is no material adverse effect to Lessee's use of the Premises. Lessor may at any time place on or about the Premises, any "For Sale" signs or other signage as Lessor deems necessary from time to time or on a permanent basis. All activities of Lessor pursuant to this paragraph shall be without abatement of rent, and shall Lessor have no other liability to Lessee relative to same. Lessor shall have the right to retain keys to the Premises to unlock all doors in or upon the Premises other than to files, vaults, and safes. In the case of an emergency, Lessor shall retain the right to enter the Premises by any reasonably appropriate means, and any such entry shall not be deemed a forcible or unlawful entry or detainer of the Premises or as an eviction. Lessee waives any charges for damages or injuries or interference with Lessee's property or business in connection with any such emergency entry by Lessor. 22. Auctions: Lessee shall not conduct, nor permit to be conducted, either voluntarily or involuntarily, any auction upon the Premises without first having obtained Lessor's prior written approval. Notwithstanding anything to the contrary in this Agreement, Lessor shall not be obligated to exercise any standard of reasonableness in determining whether to grant such approval. Any auction held Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 10 of 15 Bridge to Home (Lessee) Packet Pg. 30 3.a on the Premises will be a violation of the terms of this paragraph and shall constitute a material default of this Agreement. 23. Signs: Lessee shall not place any sign upon the Premises or the fencing without Lessor's prior written approval, which approval may not be unreasonably withheld or delayed. 24. Easements: Lessee is to honor any and all existing easements, rights and/or dedications that may be in place and attached to or pertinent to the Premises, regardless of their mention or reference within this document or to any limitations they may have with regard to Lessee's current or future use of the Premises. Lessor reserves the right to grant such easements, rights and dedications that Lessor deems necessary or desirable, and to cause the recordation of Parcel Maps and restrictions. Lessee shall sign any of the aforementioned documents upon request of Lessor and failure to do so shall constitute a material default of this Agreement by Lessee without the need for further notice to Lessee. The obstruction of Lessee's view, air, or light by any structure erected in the vicinity of the Premises, whether by Lessor or third parties, shall in no way affect this Agreement or impose any liability upon Lessor. 25. Clearance of brush, vegetation and debris: Lessee agrees to remove all brush, vegetation and debris from the Premises as may be necessary for fire protection consistent with the requirements of all applicable laws and regulations. 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. NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE CITY OF SANTA CLARITA OR ITS 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. Lease Agreement, By and between City of Santa Clarita (Lessor) and Bridge to Home (Lessee) Location: Drayton Street Page 11 of 15 Packet Pg. 31 3.a Executed on LESSOR CITY OF SANTA CLARITA 0 Kenneth W. Striplin, City Manager Attest: Mary Cusick, City Clerk Approved as to Form: Joseph Montes, City Attorney LESSEE BRIDGE TO HOME 2017 at Santa Clarita, California. Silvia Gutierrez, Executive Director Lease Agreement, By and between City of Santa Clarita (Lessor) and Bridge to Home (Lessee) Location: Drayton Street Page 12 of 15 Packet Pg. 32 3.a Exhibit A EXFiiEYT A PROPERTY DESCRIPTION for 23029 Drayton Street APN 2836-008-900 Subject to the terms and conditions set forth in this lease, Lessor hereby leases to Lessee that certain parcel of land commonly. Down as an area consisting of approximately 21,000 squaw feet of the vacant lot located at 23029 Drayton Street, Santa Clarita, California (Assessor's Parcel No. 2836-008-900), in the City of Santa Clarita, in the County of Los Angeles, State of California ("the Premises".) Lease Agreement — Rev. dated Location: Drayton By and between City of $anta Clarita (Lessor) and LA Homeless Services Authority (LAHSA) (Lessee) Lease Agreement, By and between City of Santa Clarita (Lessor) and Bridge to Home (Lessee) Location: Drayton Street Page 13 of 15 a Packet Pg. 33 3.a Exhibit A (cont.) Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 14 of 15 Bridge to Home (Lessee) Packet Pg. 34 3.a Exhibit B TEMPORARY USE PERMIT (TUP) (On Next Page) [will be updated once lease agreement is approved] Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 15 of 15 Bridge to Home (Lessee) Packet Pg. 35