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AVIGATION CENTER GROUND LEASE
GROUND LEASE
(LAWRENCE DRIVE NAVIGATION CENTER)
This Ground Lease ("Lease") is made and entered into as of [DATE], 2024 by and between the City of Thousand Oaks , a California municipal corporation (" Landlord"), and Many Mansions, a California non-profit corporation ( “Many Mansions” or "Tenant"). Landlord and Tenant shall, on occasion, be referred to herein individually as a “ Party” and collectively as the “Parties.”
NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, including the r
epresentations and covenants contained in this Agreement, Landlord and Tenant agree as follows:
ARTICLE 1. PROPERTY AND BACKGROUND
1.1 P urpose. The Parties enter into this Lease to provide for the development and operation of the Property (defined in Section 1.3, below) as a low-barrier navigation center (hereafter “Navigation Center”) with residential living units that contain a minimum of thirty (30) beds, with a potential for up to fifty (50) beds, an administration office and onsite clinic, laundry and shower facilities, furnishing, storage, and other necessary equipment, to provide interim, non-congregate emergency housing for persons experiencing homelessness (“Project”).
Tenant shall operate the Navigation Center and the Project in accordance with the requirements set forth in this Lease on behalf of the City and the County of Ventura (“County”), and other applicable laws.
Landlord and Tenant agree that the development of the Property will be accomplished in acco
rdance with the Development Management Agreement attached to this Lease as Exhibit H (the “Development Management Agreement” which includes the Improvement Plan as set forth in this Lease).
1.2 P arties .
1.2.1 Many Mansions is a California non-profit corporation. Many Mansions is the sole tenant under this Lease and will operate the Project in accordance with this Lease. The lease to Many Mansions is in furtherance of the City’s Request for Proposals/Qualifications, dated October 7, 2022, and the joint proposal from Many Mansions, DignityMoves and Hope the Mission, dated November 3, 2022.
1.2.2 DignityMoves is a California non-profit corporation (“DignityMoves”).
DignityMoves will develop the Project in accordance with the Development Management Agreement for the purpose of completing the Improvements, as described in Section 1.6 of this Lease. Upon completion of the Improvements and satisfying the conditions set forth in the Development Management Agreement (including but not limited the 1-year warranty thereunder), DignityMoves shall have no further obligations with respect to the Project, except ATTACHMENT #2
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for obligations specifically stated to survive, and Tenant will remain obligated as the Tenant under this Lease.
1.2.3 Hope the Mission is a California non-profit corporation (“HTM”) that will provide services to the participants of the Project after completion of the Improvements.
1.2.4 Landlord is a municipal corporation and, by this Lease, seeks to make the Property available to Tenant for purposes of providing non-congregate, interim housing and related services to persons experiencing homelessness. At times when this Lease refers to Landlord acting in its regulatory capacity, the Lease refers to the “City.” This Lease shall not be construed as a regulatory approval or a waiver of the City’s right to act in a regulatory capacity.
1.3 Property. Landlord owns the real property commonly known as 1205 Lawrence Drive, Thousand Oaks, California 91320, a portion of which is more particularly described in Exhibit A attached hereto and leased to Tenant on the terms and conditions set forth herein (“Property”). The Property leased herein includes only that portion which is marked in Exhibit A and used for the Navigation Center.
1.4 U se of Property . The Property shall be used to operate a year-round, low-barrier navigation center that is open 24 hours a day for each day of the year and provides interim, non- congregate emergency housing for persons experiencing homelessness, as well as basic needs and system navigation services to move program participants out of homelessness and into long- term housing solutions, as set forth in this Lease and the Management, Operations, and Public Safety Policies and Procedures, attached hereto as Exhibit E and incorporated herein by reference (“Policies and Procedures”). The Navigation Center shall comply with the requirements of Government Code section 65660 to provide Housing First, low-barrier, service- enriched shelter focused on moving people into permanent housing, and providing temporary non-congregate living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
1.5 E
asements. Prior to issuance of a Certificate of Occupancy (or its functional equivalent) for the Project, an easement agreement or other instrument shall be recorded codifying the location and legal boundaries of easements necessary for major infrastructure, including without limitation infrastructure for stormwater drainage, utilities, and access.
1.6 I
mprovements. The Project includes improvements (“ Improvements”), which shall be designed, developed and constructed on behalf of Tenant (i) in accordance with the Scope of Development attached hereto as Exhibit B and incorporated herein by this reference, and the Development Management Agreement attached hereto as Exhibit G; and (ii) in substantial compliance with the plans, drawings and documents submitted by DignityMoves to Landlord for development of the Project, as reasonably approved by Landlord (“Improvement Plan”), preliminary plans of which are attached hereto as Exhibit C. For purposes of this Lease,
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the Improvement Plan includes the Scope of Development, which collectively shall provide for the following:
1.6.1 Installation of twenty seven (27) modular living units (the “Units”) to provide emergency shelter and interim housing for up to thirty (30) occupants.
1.6.2 At least five (5) beds shall be available as overflow for emergency shelter or services to accommodate law enforcement referrals;
1.6.3 Each Unit shall be accessible only through a private entrance and a door with a keypad lock, or other locking device agreed to by the City;
1.6.4 Six (6) beds shall be in accessible Units;
1.6.5 The Units shall accommodate up to three (3) couples;
1.6.6 The following accommodations: communal dining area, office space for staff, private meeting spaces for program participant and service providers, laundry facilities, shower/bath stalls compliant with a ratio of 15 program participants to 1 stall; staff restroom, social areas that include green space, dog run, bike racks, parking, storage for site and client supplies, and landscaping;
1.6.7 Infrastructure, including water, stormwater, sewer, electric, gas, and data lines, sufficient to support the improvements on the Property referenced in Sections 1.6.1 through 1.6.6, and additional modular units that would provide twenty (20) additional beds; and,
1.6.8 Any and all designs, plans, or improvements required by any conditions of approval, building permit, occupancy conditions, and the requirements of this Lease.
The Improvement Plan shall also include plans for construction of additional modular units sufficient to accommodate a total of fifty (50).
Tenant agrees and acknowledges that the Improvement Plan, as described herein, is subject to City’s acceptance of the Improvements and completion of construction pursuant to the Development Management Agreement.
1.7 Lease of the Property. For and in consideration of the payment of rentals and the performance of all the covenants and conditions of this Lease, Landlord hereby leases and demises to Tenant, and Tenant hereby leases and hires from Landlord, the Property, for the term and upon the covenants and conditions set forth herein. Tenant acknowledges and understands that the Property will be leased to Tenant for purposes of development pursuant to this Lease and not for speculation in undeveloped land.
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ARTICLE 2. CONDITIONS TO EFFECTIVENESS OF LEASE
2.1 Conditions Precedent. This Lease shall become effective upon the satisfaction or waiver by the benefited party of each of the conditions set forth in Sections 2.2 and 2.3, below.
2.2 C onditions for the Benefit of the Landlord. The following conditions are for the Landlord's benefit and shall be fulfilled or waived prior to the Commencement Date:
2.2.1 Tenant has confirmed its acceptance of all terms, conditions, covenants and other requirements imposed on the Project by the Conditions of Approval approved by the City on or about October 23, 2023 (“Government Approvals”).
2.2.2 Landlord has provided Tenant with notice that the Improvements have been substantially completed, and Tenant has accepted the Improvements, subject only to completion of punch list items for repair following receipt of said notice.
2.2.3 Tenant has submitted to the Landlord a financing plan for operation of the Navigation Center following completion of construction (the “Project Budget”) that shows the sources and uses of funds for the Project (inclusive of funding from the City, County, and, as applicable, the State Encampment Resolution Funding Grant and other potential funding sources). The initial Project Budget shall be submitted on or before ________, 2024, and demonstrate, to the reasonable satisfaction of Landlord, that Tenant has or will obtain the necessary financial resources for operation of the Project for a period of five (5) years, and shall be attached as Exhibit D and incorporated herein by reference. Following completion of the Improvements, Project Budget shall be submitted annually to the Landlord for approval by May 1, which may include annual Consumer Price Index (CPI) increases to the Project Budget in accordance with the U.S. Bureau of Labor Statistics March over March CPI for All Urban Consumers for the Los Angeles-Long Beach-Anaheim, CA index, not-to-exceed five percent (5%) per year, subject to the City’s review and written approval.
2.2.4 The City is duly authorized under any legal restrictions to consummate the Lease, including but not limited to any requirements to dispose of the land under the California Surplus Land Act (Gov. Code § 54220 et seq.).
2.2.5 Tenant and Landlord have agreed to the Policies and Procedures, in accordance with Section 7.3.
2.3 Conditions for the Benefit of the Tenant. The obligation of Tenant to take possession of the Property is subject to the following conditions which are for Tenant's benefit:
(a) Tenant has confirmed its acceptance of all terms, conditions, covenants and other requirements imposed on the Project by the Government Approvals. (b) Tenant has obtained approval from the City of the Project Budget.
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(c) Tenant has received the Improvements have been substantially completed and approved the punch list items for repair.
2.4 Termination for Failure of Condition.
2.4.1 In the event that there is a failure of one or more conditions described in Sections 2.2 or 2.3 that is not waived by the benefited party, the party for whose benefit the condition is established may provide written notice that the Lease shall be deemed terminated for failure of a condition, and neither party shall have any further rights or liability to the other under this Lease.
2.4.2 If the Commencement Date (as defined in Section 3.3) has not occurred and/or the Tenant has not taken possession of the Property on or before __________, 2024, for any reason, this Lease may be terminated by City with written notice. In the event of such termination, neither party shall have any further rights or liability to the other under this Lease.
ARTICLE 3. TERM
3.1 Term. Unless terminated earlier in accordance with the provisions of this Lease, the initial term of this Lease shall be for a period of fifteen years (the “Initial Term”). The term shall expire at 11:59 p.m. on the date which is fifteen (15) years from the anniversary of the Commencement Date (as defined in Section 3.3, below).
3.2 L andlord’s Right of Termination. Landlord may terminate this Lease in its sole and absolute discretion by providing Tenant with at least ninety (90) days’ written notice or if the City does not appropriate funds for the use of the Property as stated herein.
3.3 C ommencement . The term of this Lease shall commence upon the fulfillment or waiver of the conditions set forth in Sections 2.2 and 2.3 and delivery of possession to Tenant ("Commencement Date"). Immediately following the Commencement Date, Landlord and Tenant shall execute and record the memorandum referred to in Section 16.10 hereof, setting forth the Commencement Date of this Lease.
ARTICLE 4. RESERVED
ARTICLE 5. RENT
5.1 Base Rent. Commencing on the Commencement Date and during the term of the Lease, Tenant shall pay annual rent of ONE DOLLAR ($1) (the "Base Rent"). Base Rent shall be payable in arrears on each anniversary of the Commencement Date. Tenant may prepay all or any portion of the Base Rent at any time.
5.2 A
dditional Rent. In addition to and not by way of limitation of Landlord's rights under specific provisions of this Lease, Landlord shall at all times have the right (at its sole
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election and without any obligation to do so) to advance on behalf of Tenant any amount payable under the terms hereof by Tenant, or to otherwise satisfy any of Tenant's obligations hereunder, provided that (except in case of an emergency calling for immediate payment) Landlord shall first have given Tenant no less than ten (10) business days' advance written notice of Landlord's intent to advance such amounts on behalf of Tenant, and Tenant fails to perform the act/make the expenditure prior to the expiration of such ten (10) business day period. No advance by Landlord shall operate as a waiver of any of Landlord's rights under this Lease and Tenant shall remain fully responsible for the performance of its obligations under this Lease. All amounts advanced by Landlord shall constitute Additional Rent under this Lease, shall be due and payable by Tenant to Landlord within five (5) business days of Tenant's receipt of an invoice from Landlord therefor, together with supporting documentation, and shall bear interest at the rate specified in Section 5.4, below from the date of advance until paid in full.
5.3 Net Lease. This Lease is a net lease and Rent and other payments due and payable hereunder to or on behalf of Landlord shall be paid without notice or demand and, except as specifically provided for in this Lease, without offset, counterclaim, abatement, suspension, deferment, deduction or defense.
5.4 L
ate Payment of Rent . If Tenant fails to pay any rent required under the terms of this Lease, then Tenant shall be responsible for a late fee of fifty dollars ($50) per month, which shall be considered Additional Rent. Any rent required under the terms of this Lease not paid when due shall bear interest at ten percent (10%) per annum, simple interest, from the date due.
ARTICLE 6. TAXES AND ASSESSMENTS
6.1 Personal Property Taxes. Tenant shall pay before delinquency all taxes, assessments, license fees and other charges ("taxes") that are levied and assessed against Tenant's personal property installed or located in or on the Property which become payable during the term. On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments.
6.2 R
eal Property Taxes . Tenant shall pay all real property taxes, assessments and general and special taxes including, without limitation, possessory interest taxes (" real property taxes"), levied and assessed against the Property and all real property taxes and assessments levied against Tenant's interests in the Property during the term. In the event Landlord receives a tax bill for the Property, Landlord shall notify Tenant of the real property taxes, and immediately on receipt of the tax bill, shall furnish Tenant with a copy of the tax bill. Tenant shall pay the real property taxes not later than the taxing authority's delinquency date. If at any time during the term of this Lease any authority having the power to tax, including, without limitation, any federal, state, county, city government or any political subdivision thereof (collectively, " taxing authority"), shall alter the methods and/or standards of taxation and assessment against the legal or equitable interests of Landlord in the Property or the Improvements located or constructed thereon, in whole or in part, so as to impose a monetary obligation on Landlord in lieu of or in
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addition to the taxes and assessments in existence as of the date of this Lease, such taxes or assessments based thereon, including, without limitation, (a) a tax, assessment, excise, surcharge, fee, levy, penalty, bond or similar imposition (collectively, "impositions"), on Landlord's right to rental or other income from the Property or as against Landlord's leasing of the Property, (b) any impositions in substitution or in lieu, partially or totally, of any impositions assessed upon real property prior to any such alteration, (c) any impositions allocable to or measured by the area of the Property or the rental payable hereunder, including, without limitation, any impositions levied by any taxing authority with respect to the receipt of such rental or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant or any subtenant of the Property or any portion thereof, (d) any impositions upon this lease transaction or any document to which Tenant is a party which creates or transfers any interest or estate in or to the Property (other than any transfer tax which may be due upon recordation of the Memorandum of Lease described in Section 16.10), or (e) any special, unforeseen or extraordinary impositions which, although not specifically described above, can fairly be characterized as a real property tax or a substitute for real property tax, shall be considered as "real property taxes" for the purposes of this Lease. "Real property taxes" shall exclude, however, all general income taxes, gift taxes, inheritance taxes and estate taxes owed by Landlord.
6.3 New Assessments. If any general or special assessment or other governmental charge is levied on any business conducted on the Property, Landlord shall have the right to vote.
6.4 T enant's Tax Liability Prorated. Tenant's liability to pay real property taxes and new assessments shall be prorated on the basis of a three hundred sixty-five (365) day year to account for any fractional portion of a fiscal tax year included in the lease term at its inception and expiration or earlier termination in accordance with this Lease.
6.5 R
evenue & Taxation Code Section 107.6. Possessory Interest Tax. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, in the event that a possessory interest is created, Tenant shall be responsible for payment of any taxes levied against such possessory interest.
6.6 T
ax Contest Based on Welfare Exemption . Without Landlord's prior written consent, Tenant shall be permitted to apply for a reduction or waiver of property taxes based on a welfare exemption.
Landlord shall not be required to join in any proceeding or contest brought by Tenant. Tenant, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered, together with all costs, charges, interest and penalties incidental to the decision or judgment. If Tenant does not pay the real property taxes when due and Tenant seeks a reduction or contests them as provided in this Section 6.6, before the commencement of the proceeding or contest Tenant shall furnish to Landlord a surety bond issued by an insurance company qualified to do business in California. The amount of the bond shall equal one hundred ten percent (110%) of the total amount of real property taxes in dispute. The
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bond shall hold Landlord and the premises harmless from any damage arising out of the proceeding or contest and shall insure the payment of any judgment that may be rendered.
ARTICLE 7. USE, CHARACTER,
OPERATION AND MAINTENANCE OF IMPROVEMENTS
7.1 General. Tenant may use the Property and the Improvements only for the uses specified in Article 1 ("primary uses") and uses ancillary to such primary uses as herein specified. Tenant shall use the Property and the Improvements thereon for no other purpose without the prior written consent of Landlord which Landlord may grant or withhold in its sole discretion.
7.2 U
se of Property . The Property and Improvements shall be used to provide a low barrier Navigation Center as described in Article 1 and related services to Eligible Program Participants, as defined herein, and in accordance with housing-related services authorized by City pursuant to this Article 7. Tenant shall not use or permit the Property to be used for any other purposes, without the prior written consent of Landlord, which consent may be withheld or conditioned on Landlord's sole and absolute discretion.
7.3 U
se Obligations. The following obligations shall apply to operation of the Property as an emergency shelter.
7.3.1 Tenant agrees and acknowledges that the provision of low barrier Navigation Center to Eligible Program Participants under this Lease shall be made in accordance with all applicable requirements imposed by local, state and federal law. In addition, Tenant agrees to operate the Property in accordance with the Policies and Procedures. The Policies and Procedures shall be subject to ongoing review and modification, upon mutual agreement by the parties as reasonably necessary for the Uses authorized under this Lease.
7.3.2 Occupancy Restrictions. The Property shall be restricted to “Eligible Program Participants,” defined as any person who meets the definition of “homeless” as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as further detailed in the Policies and Procedures, which includes but is not limited to, persons or families who:
(a) any individual who meets the definition of “homeless” as defined in Section 578.3 of Title 24 of the Code of Federal Regulations; (b) any individual who lacks a fixed, regular, and adequate nighttime residence; and
(c) any individual who has a primary nighttime residence that is —
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(i) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); or
(ii) an institution that provides a temporary residence for individuals intended to be institutionalized; or
(iii) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (d) any individual approved for occupancy at the Property in the Policies and Procedures.
7.4 Nondiscrimination. There shall be no discrimination against or segregation of any person or group of persons on account of any protected characteristic under the federal Fair Housing Act (42 U.S.C. Section 3601 et seq.) or California’s Fair Employment and Housing Act (Cal. Government Code Section 12955 et seq.). Tenant shall also comply with the Anti- Discrimination Policy of the Ventura County Continuum of Care, as may be amended from time to time, and which prohibits discrimination on the basis of any protected characteristic, including: race, ethnicity, color, immigration status, language, justice system involvement, ancestry, religion, sex, familial status, age, sexual orientation, gender orientation, gender identity, LGBT+ (lesbian, gay, bisexual, transgender, queer/questioning, etc.) status, veteran status, marital status, domestic or sexual violence victim status, or sensory, mental, or physical disability. Tenant shall comply with the foregoing legal prohibitions against discrimination in any sublease, transfer, use, occupancy, tenure or enjoyment of the Property or the Improvements thereon, or any part thereof, and the Tenant itself, or any person claiming under or through it, shall not establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property or the Improvements thereon, or any part thereof.
7.4.1 T
enant May Impose Occupancy Restrictions in Accordance with Law .
Notwithstanding Section 7.4 or any other provision of this Lease, Tenant may restrict occupancy of each Unit on the basis of sex pursuant to the Emergency Housing and Assistance Program laws and regulations (Health & Safety Code, §§ 50800 et seq.; Cal. Code Regs., tit. 25, §§ 7950 et seq.).
7.5 N
ondiscrimination Clause. In any agreements regarding occupancy of the Property, Tenant shall contain a clause substantially in the following form:
There shall be no discrimination against or segregation of any person or group of persons on account of race, ethnicity, color, immigration status, language, justice system involvement, ancestry, religion, sex, familial status, age, sexual orientation, gender orientation, gender identity, LGBT+ (lesbian, gay, bisexual, transgender,
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queer/questioning, etc.) status, veteran status, marital status, domestic or sexual violence victim status, or sensory, mental, or physical disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises."
7.6 Nondiscrimination in Employment.
During the performance of this Agreement,
Tenant and its agents or employees shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law.
Tenant and its agents or employees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
Tenant and its agents or employees shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal.
Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Tenant and its agents or employees shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
7.7 Reporting Requirements. Tenant shall provide Landlord with an annual report that certifies persons on the Property are income eligible, which at a minimum shall contain the following:
(a) The number of persons per Unit;
(b) Occupant name;
(c) Initial and final occupancy dates by each occupant; and, (d) Adjusted upon entry and exit, per occupant.
If required by Landlord, annual reports shall also contain those documents used to certify eligibility. Landlord may from time to time during the term of this Lease request additional or different information and Tenant shall promptly supply such information in the reports required hereunder. Tenant shall maintain all necessary books and records, including property, personal and financial records, in accordance with requirements prescribed by Landlord with respect to all matters covered by this Section 7.7 Tenant, at such time and in such forms as Landlord may require, shall furnish to Landlord statements, records, reports, data and information pertaining to
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matters covered by this Section 7.7. Upon request for examination by Landlord and reasonable notice, Tenant, at any time during normal business hours, shall make available all of its records with respect to all matters covered by this Section 7. 7. Tenant shall permit Landlord to audit, examine and make excerpts or transcripts from those records.
7.8 Use Prohibitions. Tenant agrees that in connection with the use and operation of the Property it will not:
7.8.1 Permit undue accumulations of garbage, trash, rubbish or any other refuse;
7.8.2 Create, cause, maintain or permit any nuisance (as the same may be defined by applicable law) in, on or about the Property; or
7.8.3 Commit or suffer to be committed any waste in, on or about the Property;
7.8.4 Use or allow the Property to be used for any unlawful purpose, or for any purpose which violates the terms of any recorded instrument affecting the Property;
7.8.5 Do or permit to be done anything which in any way unreasonably disturbs the occupants of neighboring properties;
7.8.6 Cause or permit any insurance coverage on the Property or the Improvements to become void or voidable or make it impossible to obtain any required insurance at commercially feasible rates;
7.8.7 Intentionally cause or knowingly permit any material structural damage to the Property or the Improvements or to any adjacent public or private property; or
7.8.8 Violate any law, ordinance or regulation applicable to the Property and the Improvements thereon, or the requirements of this Lease.
7.9 General Standards of Maintenance. Tenant shall be fully responsible for the operation and maintenance of the Improvements and any open space and common areas on the Property for which Tenant is responsible (“Tenant Maintenance Area”), and shall operate and maintain, or cause to be operated and maintained, the Tenant Maintenance Area in good order, condition and repair consistent with the purpose set forth in Article 1, subject only to normal wear and tear customary in accordance with applicable codes and ordinances and the practices prevailing in the operation of similar developments in Ventura County. Without limiting the generality of the foregoing, Tenant shall, in accordance with the practices prevailing in the operation of similar developments, observe the following standards with respect to the Tenant Maintenance Area:
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7.9.1 Maintain the surface of all pedestrian areas level, smooth and evenly covered with the type of surfacing material originally installed thereon or such substitute therefor as shall be in all respects equal thereto or better in quality, appearance and durability;
7.9.2 Maintain all common areas and open space within the Property in accordance with the Thousand Oaks Municipal Code relating to drainage control and floodplain management, as applicable;
7.9.3 Remove all papers, debris, filth and refuse, and sweep, wash down and/or clean all hard surfaces, including brick, metal, concrete, glass, wood and other permanent poles, walls or structural members as required;
7.9.4 Maintain such appropriate entrance, exit and directional signs, markers and lights as shall be reasonably required;
7.9.5 Clean lighting fixtures and relamp and/or reballast as needed;
7.9.6 Repaint striping, markers, directional signs, etc., as necessary;
7.9.7 Maintain landscaping as necessary;
7.9.8 Maintain signs, including relamping and/or reballasting and/or repairing as required;
7.9.9 Maintain and keep in good condition and repair all exterior elements;
7.9.10 Clean, repair and maintain all common utility systems to the extent that the same are not cleaned, repaired and maintained by public utilities;
7.9.11 Maintain all water courses and associated structures, drinking fountains, pumps and associated plumbing;
7.9.12 Provide adequate security lighting and maintain all security and decorative light fixtures and associated wiring systems;
7.9.13 Maintain all surface and storm lateral drainage systems;
7.9.14 Maintain all sanitary sewer lateral connections; and
7.9.15 Promptly remove any graffiti on or about the Property.
7.9.16 Upon completion of, or during the performance of any significant infrastructure work, including maintenance or repair work described herein, Tenant shall restore the Property or relevant Improvements thereon to a clean and finished condition. Such condition
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shall endeavor to appear and function as close to its original pre-work condition as is reasonably feasible with available materials, and absent all debris, refuse, marks, or vandalism.
7.10 Governmental Requirements. Tenant shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, ordinances, rules and regulations ("laws") which apply to the operation and use of the Property, including those requiring alterations or additions to be made to, or safety appliances and devices to be maintained or installed in, on or about the Property under any laws now or hereafter adopted, enacted or made and applicable to the Property, and payment of any fees, charges or assessments arising out of or in any way related to the Property as a source of adverse environmental impacts or effects. Without limiting the foregoing, Tenant acknowledges and agrees that the use and occupancy of the Property is subject to the Conditions of Approval, approved by the City on or about October 23, 2023, and requirements of the Encampment Resolution Funding Program, authorized by Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (Cal. Health and Safety Code § 50250), which are attached hereto as Exhibit I and incorporated herein by reference.
7.11 R
ecording Reciprocal Easement. Tenant shall agree to a reciprocal easement that contains, at a minimum, provisions regarding the following:
7.11.1 To the extent applicable, any assessment for maintenance of the common areas and termination of this Lease for nonpayment of the assessment, provided that Landlord shall not be assessed for maintenance of the common areas;
7.11.2 Reciprocal rights of ingress and egress to allow pedestrian, maintenance, stormwater, and other access consistent with the use and purposes of the Project, including for purposes of responding to emergencies;
7.11.3 Tenant covenant to comply with the design and permit process of Landlord (or the City); and
7.11.4 Landlord, DignityMoves, or other contractors shall have the right to access the Property to complete construction of the Improvements and, following completion, perform any repairs, maintenance, or inspections the Improvements as necessary to complete the Improvement Plan, subject to the terms and conditions set forth herein.
7.12 Management, Operations, and Public Safety Policies and Procedures. Tenant shall maintain and operate the Navigation Center in accordance with the Policies and Procedures.
Landlord and Tenant agree that, following completion of the Improvements, HTM shall provide services related to the Property pursuant to the Policies and Procedures and Operation and Services Agreement, as defined herein.
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7.13 Operations and Services Agreement. Tenant shall be responsible for providing, or coordinating with HTM for the provision of, services to occupants according to a “Operations and Services Agreement” for operational requirements and supportive services at the Navigation Center (“Operations and Services Agreement”). The Operations and Services Agreement shall provide for services designed to connect individuals to permanent housing in a manner consistent with the City’s Request for Proposals/Qualifications, dated October 7, 2022, and the proposal by Tenant dated November 3, 2022. Nothing in the Operations and Services Agreement shall relieve Tenant of any obligation under this Lease.
7.14 P revailing Wages . Tenant hereby acknowledges and agrees that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. For any activities, including but not limited to the Services that are being performed on the Property as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Tenant agrees to fully comply with such Prevailing Wage Laws, including but not limited to all requirements to maintain bonds to secure the payment of contractors, including the payment of wages to workers performing the work . Tenant shall defend, indemnify and hold Landlord, the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Tenant, its contractors and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) debarment of contractors and subcontractors (Labor Code Section 1777.1), and maintaining bonds for the payment of workers (Labor Code Section 1781). For the Improvements, and any other activities performed as part of an applicable “public works” or “maintenance” project, pursuant to Labor Code Sections 1725.5 and 1771.1, Tenant and all contractors and subcontractors performing such “public works” must be registered with the Department of Industrial Relations. Tenant, and any contractors or subcontractors, shall maintain registration for the duration of the Project and require the same of any contractors or subcontractors, as applicable. This Project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Tenant’s sole responsibility to ensure compliance with all applicable registration and labor compliance requirements, in addition to any other Prevailing Wage Laws.
7.14.1 The Tenant, on behalf of itself, its successors, and assigns, waives and releases the City from any right of action that may be available to it pursuant to Labor Code Sections 1726 and 1781. The Tenant acknowledges the protections of Civil Code Section 1542 relative to the waiver and release contained in this Section 7.14.1, which reads as follows:
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“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
BY INITIALING BELOW, THE TENANT KNOWINGLY AND
VOLUNTARILY WAIVES THE PROVISIONS OF SECTION
1542 SOLELY IN CONNECTION WITH THE WAIVERS AND
RELEASES OF THIS SECTION 7.
_____________________
Initialed by Many Mansions
Additionally, the Tenant shall indemnify, defend (with counsel acceptable to the Landlord), and hold the Landlord harmless against any claims pursuant to the Prevailing Wage Laws of the Labor Code arising from this Lease or the construction or operation of the Project.
The obligations of this Section 7.14 shall survive the expiration or any earlier termination of the Lease.
7.15 Public Communications Regarding the Navigation Center. All public signage, marketing materials, or other promotional or fundraising materials regarding the Navigation Center shall be subject to Landlord prior review and consent.
7.16 F
undraising. Any private fundraising activity by Tenant in connection with the Navigation Center shall be subject to the City’s prior review and consent. Tenant agrees to provide City with advance notice of any fundraising activity based on promotion of the Navigation Center, and that City shall have the right to approve or disapprove any such fundraising activity. The City shall have not less than thirty (30) days to consider any request to approve fundraising activity, and the City may condition any such approval on the receipt of a share of fundraising revenues or impose other reasonable conditions, which shall be set forth in writing. Tenant agrees that it is solely responsible for compliance with all legal requirements for any fundraising activity approved by the City.
ARTICLE 8. CONDITION OF PROPERTY
8.1 Condition of Property; Remediation and Indemnity.
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8.1.1 Except as specifically set forth in this Section 8.1 or elsewhere in this Lease, Tenant acknowledges and agrees that it shall take possession of the Property from Landlord pursuant to this Lease "AS IS," in its current physical condition, with no warranties, express or implied, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any Hazardous Materials thereon or therein, and any other matters affecting the Property. Tenant acknowledges and understands that it has been advised that the Property is adjacent to industrial uses, including but not limited to a Southern California Edison battery storage facility. Tenant further acknowledges and understands that the Property does not include other portions of the City-owned parcel that are not leased hereunder and that City may use such other portions of the City-owned parcel for purposes unrelated to the Navigation Center.
8.1.2 Landlord makes no representations or warranties concerning the condition of any Improvements located on the Property and Landlord disclaims all such representations and warranties. Tenant acknowledges and agrees that it will comply all applicable laws, environmental or otherwise, during any and all work being conducted on the Property.
8.1.3 Tenant further acknowledges and agrees that it shall take possession of the Property, with the Improvements, with no warranties from or on behalf of Landlord, express or implied, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any Hazardous Materials thereon or therein, and any other matters affecting the Property.
8.1.4 Tenant represents and warrants that it agrees to the Improvement Plan, and the Improvements being performed and completed in accordance with the Development Management Agreement. Tenant shall accept the Property and the Improvements upon Tenant’s approval of the punch list of items to be repaired after substantial completion of the Improvements.
8.1.5 Tenant shall indemnify, defend, protect and hold harmless Landlord and all of its current and future officials, employees, agents, contractors, successors and permitted assigns from and against any claim, liability, injury, damage, fees, fines, penalties, actual out of pocket costs or expenses (including without limitation, reasonable attorneys' fees, court costs, and the cost of any clean-up testing, remediation or removal of Hazardous Materials) relating to or arising out of any Hazardous Materials on, about or within the Property and the Improvements, except to the extent the condition was caused, arose or resulted from Landlord's own negligence or willful misconduct or that of its officials, employees, contractors, agents, successors or assigns, provided, however that Tenant shall not have obligations under this paragraph relating to or arising out of any Hazardous Materials prior to the Commencement Date of this Lease. Notwithstanding the foregoing, for purposes of this Section 8.1.5, DignityMoves, and any of its employees, contractors, or other agents, shall not be considered employees,
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contractors, agents, successor or assigns of Landlord or the City. The obligations of this Section
8.1.5 shall survive the expiration or any earlier termination of the Lease.
8.1.6 As used in this Lease, the term “Hazardous Materials” shall include, but not be limited to, any flammable substance, explosive, radioactive material, asbestos, asbestos- containing material, polychlorinated biphenyl, chemical known to cause cancer or reproductive toxicity, pollutant, contaminant, hazardous waste, medical wastes, toxic substance or related material, explosive, petroleum, petroleum product or any “hazardous” or “toxic” material, substance or waste that is defined by those or similar terms or is regulated as such under any law, including any material, substance or waste that is: (a) defined as a “hazardous substance” under Section 311 of the Water Pollution Control Act (33 U.S.C. § 1317), as amended; (b) designated as “hazardous substances” pursuant to 33 U.S.C. § 1321; (c) defined as a “hazardous waste” under Section 1004 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., as amended; (d) defined as a “hazardous substance” or “hazardous waste” under Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Reauthorization Act of 1986, 42 U.S.C. § 9601, et seq., or any so- called “superfund” or “superlien” law; (e) defined as a “pollutant” or “contaminant” under 42 U.S.C. § 9601(33); (f) defined as “hazardous waste” under 40 C.F.R. Part 260; (g) defined as a “hazardous chemical” under 29 C.F.R. Part 1910; (h) any matter within the definition of “hazardous substance” set forth in 15 U.S.C. § 1262; (i) any matter, waste or substance regulated under the Toxic Substances Control Act (“TSCA”) [15 U.S.C. Sections 2601, et seq.]; (j) any matter, waste or substance regulated under the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801, et seq.; (k) those substances listed in the United States Department of Transportation (DOT) Table [49 C.F.R. 172.101]; (l) any matter, waste or substances designated by the EPA, or any successor authority, as a hazardous substance [40 C.F.R. Part 302]; (m) defined as “hazardous waste” in Section 25117 of the California Health and Safety Code; (n) defined as a “hazardous substance” in Section 25316 of the California Health and Safety Code; (o) that is subject to any other Law regulating, relating to or imposing obligations, liability or standards of conduct concerning protection of human health, plant life, animal life, natural resources, property or the enjoyment of life or property free from the presence in the environment of any solid, liquid, gas, odor or any form of energy from whatever source; or (p) that is or becomes regulated or classified as hazardous or toxic under Law or in the regulations adopted pursuant to Law.
8.1.7 Bona Fide Prospective Purchaser. Landlord and Tenant agree to cooperate and comply with all applicable laws and regulations that may permit either to assert defenses available under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or qualify as a bona fide prospective purchaser, including but not limited to the following:
(a) Providing all legally required notices with respect to the discovery or release of any hazardous substance at the Property.
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(b) Exercising appropriate care with respect to hazardous substances found at the Property by taking reasonable steps to:
(i) Stop any continuing release;
(ii) Prevent any threatened future release; and
(iii) Prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substance. (c) Providing full cooperation, assistance and access to persons that are authorized to conduct response actions or natural resource restoration at the Property (including the cooperation and access necessary for the installation, integrity and maintenance of any complete or partial response action or natural resource restoration at the Property). (d) Maintaining compliance with any land use restrictions established or relied on in connection with a response action at the Property. (e) Not impeding the effectiveness or integrity of any institutional control employed at the Property or in connection with a response action. (f) Complying with any request for information or administrative subpoena issued by the President of the United States of America under CERCLA.
ARTICLE 9. CONSTRUCTION AND LIENS
9.1 Scope of Development; Conditions of Approval. The Property shall be developed as provided in the Scope of Development attached as Exhibit B, the Improvement Plan attached as Exhibit C, and the Development Management Agreement attached as Exhibit H, and consistent with all applicable ordinances, approvals, and regulations of the City, and as such design concept and/or conditions may be amended at the request of the Tenant and with the approval of the Landlord in its sole and absolute discretion.
9.2 Approval of Dignity Moves as Developer. Tenant requests, and Landlord agrees, that the Improvements shall be performed and completed pursuant to the Development Management Agreement. Tenant agrees that DignityMoves, and its agents or contractors, is solely and exclusively responsible for development of the Project and entering into one or more contracts for the purpose of developing the Project (collectively, the “Project Contracts,” as further defined in the Development Management Agreement).
9.3 Construction of Improvements. Tenant agrees to the terms and conditions of the Development Management Agreement, and that DignityMoves, its employees, contractors, subcontractors, and other agents shall have access to the Property to complete the Improvements and perform any follow-up work or inspections.
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9.4 Construction Standards.
9.4.1 General Construction Standards. Tenant agrees that the Improvements will be constructed in accordance with the Development Management Agreement, and that DignityMoves, inclusive of its agents and contractors, is solely and exclusively responsible for performing all construction, alteration or repair work permitted herein expeditiously, diligently, and according to all building standards and legal requirements.
9.4.2 C onstruction Warranty; Further Assurances. Tenant agrees that the Improvements will be constructed under contract with a warranty, as provided for in the Development Management Agreement, that the Construction shall be free from any defects in workmanship and materials for a period of not less than one (1) year from the date established in the Development Management Agreement, notwithstanding any Lease assignment. Tenant shall indemnify and hold Landlord harmless from all damages, losses or claims attributable to the performance of such work. Tenant agrees to assist and reasonably cooperate with Landlord to enforce any rights or remedies, including warranties, against contractors or subcontractors performing Construction or any supplier that provided materials for the Improvements. Tenant, at any time during the Lease Term or after, shall, at its own expense, execute, acknowledge and deliver any further quitclaims, assignments, conveyances and other assurances, documents and instruments of transfer or enforcement of the warranty reasonably requested by Landlord and shall take any other action consistent with the terms of this Lease that may reasonably be requested by Landlord for the purpose of construction warranty, or transferring Lease obligations and confirming same to remaining Tenant entity, or otherwise carrying out the terms of this Agreement. The provisions of this Section 9.4.2 shall survive expiration or earlier termination of the Lease.
9.4.3 U
se of Plans . Tenant agrees that it has no rights, interests, or claim to the plans and specifications for the Project. The contracts with any architect, other design professional or any general contractor shall provide, in form and substance reasonably satisfactory to Landlord, for the assignment thereof to Landlord as security to Landlord for Tenant's performance hereunder, and Landlord shall be furnished with any such agreement, together with the further agreement of the parties thereto, that if this Lease is terminated due to Tenant's default, Landlord may use any plans and specifications to which Tenant is then entitled pursuant to any such contract without payment of any further sums to any party thereto.
9.4.4 C
ompliance with Improvement Plan and Laws: Issuance of Permits. All Improvements on the Property shall be constructed in compliance with the Improvement Plan approved by Landlord and also in compliance with all applicable local, state and federal laws and regulations. Tenant hereby agrees, represents and warrants that it approves the Improvement Plan and that Tenant shall accept the Improvements according to such approval. Tenant further agrees and acknowledges that DignityMoves shall have the sole responsibility for obtaining all
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necessary permits required for the construction of the Improvements and shall make application for such permits directly to the person or governmental agency having jurisdiction.
9.4.5 Construction Safeguards. Upon the Commencement Date and until all punch list items for the Improvements are completed, Tenant shall allow DignityMoves, or its agents, employees, contractors and subcontractors, access to the Property to erect and properly maintain at all times, as required by the conditions and the progress of work, all necessary safeguards for the protection of workers and the public.
9.4.6 C onditions to Commencement of Construction. The P arties mutually acknowledge and represent that the following conditions have or will be satisfied prior to commencing Construction:
(a) Landlord and Tenant have approved final plans and specifications for the Improvements;
(b) DignityMoves, or its Contractor, has obtained building permits and all other governmental approvals necessary for the construction of the Improvements; (c) Landlord has approved the Project Contract(s) in accordance with the Development Management Agreement; and
(d) DignityMoves, or the contractor and any subcontractors working under the Project Contract, shall have procured performance and labor and material bonds from sureties acceptable to the City to ensure completion of the Improvements in the estimated amount of the costs.
9.5 Landlord's Cooperation. This Lease shall not be considered as a permit, consent, or other approval of the Project. Landlord shall cooperate with and assist Tenant in every reasonable way in Tenant's efforts to obtain all governmental consents, approvals, permits or variances which may be required for the performance of any construction permitted under the terms of this Lease, provided that Landlord retains and reserves any and all rights to exercise its regulatory authority as the City.
9.6 A
pproval of Final Punch List Items. Upon substantial completion of the Improvements, Landlord and Tenant shall meet and confer on a final punch list of items to complete construction of the Improvements. Landlord shall have the sole and absolute discretion to determine the final punch list of items to be submitted to DignityMoves, and Tenant shall have five (5) days to approve the punch list.
9.7 N
otice of Completion . Upon completion of construction of the Improvements, including all punch list items identified for repair, Tenant agrees that a notice of completion shall
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be filed by DignityMoves in the Official Records of the County of Ventura (the "Notice of Completion") with respect to the Improvements..
9.8 Development Costs.
9.8.1 Improvement Costs. Landlord shall pay the costs of the Improvements (“Improvement Costs”) in accordance with the Development Management Agreement, and for the purpose of acquiring the Units that will be owned by Tenant in accordance with Article 10.
9.8.2 All amounts paid for the Improvement Costs shall be paid directly from Landlord to DignityMoves, or its designee, pursuant to the Development Management Agreement, for the purposes authorized by this Lease and set forth in the Development Budget specified in the Development Management Agreement. Tenant hereby consents that it shall it not have possession, custody, or control of the moneys paid for the Improvement Costs.
9.8.3 The City shall pay Improvement Costs upon approval of a pay application by DignityMoves to the City in accordance with the Development Management Agreement.
9.8.4 The City has waived all planning, building, and impact fees, that might be imposed by the City in connection with the initial approval of the Project. The wastewater connection fees shall not be waived and shall be included in the Development Budget.
9.8.5 Tenant shall provide all documentation reasonably required by Landlord, if any, to verify costs of the Improvements prior to Landlord making payment therefor.
9.8.6 Except as otherwise expressly provided in this Lease or the Development Management Agreement, Tenant shall be solely responsible for all of the costs and expenses related to the development and construction of the Improvements and Scope of Development, including but not limited to all taxes, fees, developer fees, assessments, and charges for:
(a) On- or off-site infrastructure improvements such as drainage, curbs, gutters, sidewalks, storm or sanitary sewerage improvements; (b) Sewer, water, and other utility connection and capacity charges and rates;
(c) All costs of above and below grade demolition; and
(d) Any costs associated with asbestos mitigation or other environmental costs not expressly assumed by Landlord in this Lease.
9.9 Additional Construction on Property.
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9.9.1 Construction Standards. Any additional building other than the Project erected on any portion of the Property as permitted under this Lease, any remodeling or reconstruction work undertaken on or within any existing building on any portion of the Property, and any alteration of or addition to open spaces or common area, shall require City’s written consent, which the City may grant or deny in its sole and absolute discretion. Unless otherwise allowed in writing by the City, the additional construction shall comply with the Improvement Plans, and changes to the Improvement Plans submitted to and approved by Landlord. Any such development or construction of additional buildings, remodeling or reconstruction of any building on any portion of the Property, or alteration of or addition to open spaces or common area, shall at all times meet the requirements of the Lease and shall conform to the approved design concepts, so that the exterior of all such buildings, including, without limitation, exterior elevations and color thereof, and all such other improvements, will be architecturally and aesthetically compatible and harmonious with the other buildings and improvements on the Property to create a uniform general plan for the Property. All construction shall be diligently prosecuted and accomplished without cost or expense to Landlord, and in a good and workmanlike manner.
9.9.2 S
ubsequent Plans and Construction. Following completion of the initial construction and filing of said Notice of Completion, any construction, reconstruction or remodeling undertaken by Tenant on the Property shall be governed by the following:
(a) Tenant shall have the right, without Landlord's consent (but subject to all other provisions of this Lease), to undertake any interior, nonstructural remodeling of the Tenant's Improvements not visible from the outside or affecting exterior appearance and not altering the preexisting location of the Improvements thereon on the Property, provided that all such improvements comply with applicable laws, regulations, and any requirements of this Lease;
(b) If Tenant at any time following the filing of said Notice of Completion desires to undertake any construction, reconstruction, demolition or remodeling on the Property which is not exempt from Landlord's approval as provided in subparagraph (a) of this Section 9.9.2, above, Tenant shall, prior to the commencement of such work, prepare or cause to be prepared, at its sole expense, and shall submit to Landlord for its review and written approval, plans and specifications for such work, showing, without limitation, scaled elevations, scaled floor plans, design concepts, dimensions, material selection, colors, signing (if any) and such additional information as is reasonably necessary for Landlord to make an informed decision on such submission. The plans and specifications shall comply with this Lease and shall be in compliance with applicable building codes and other laws, regulations and ordinances; and (c) No material changes to the approved plans and specifications shall be made without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed.
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9.10 Protection of Landlord. Nothing in this Lease shall be construed as constituting the consent of Landlord, expressed or implied, to the performance of any labor or the furnishing of any materials or any specific improvements, alterations of or repairs to the Property or any part thereof by any contractor, subcontractor, laborer or materialman, nor as giving Tenant or any other person any right, power or authority to act as agent of or to contract for, or permit the rendering of, any services, or the furnishing of any materials, in such manner as would give rise to the filing of mechanics' liens or other claims against the fee of the Property or the Improvements thereon. Landlord shall have the right at all reasonable times to post, and keep posted, on the Property any notices which Landlord may reasonably deem necessary for the protection of Landlord and of the Property and the Improvements thereon from mechanics' liens or other claims. Tenant shall give Landlord ten (10) days' prior written notice of the commencement of any work to be done on the Property to enable Landlord to post such notices.
In addition, Tenant shall make, or cause to be made, prompt payment of all monies due and legally owing to all persons doing any work or furnishing any materials or supplies to Tenant or any of its contractors or subcontractors in connection with the Property and the Improvements thereon.
9.10.1 Tenant shall keep the Property and the Improvements thereon free and clear of all mechanics' liens and other liens on account of work done for Tenant or persons claiming under it. Tenant agrees to and shall indemnify and save Landlord harmless against liability, loss, damages, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under it.
9.10.2 In the event any lien is recorded and not expunged within sixty (60) days of recording, Tenant shall, upon demand, furnish the bond described in applicable law, or successor statute, which results in the removal of such lien from the Property.
9.11 Notice. Should any claims of lien be filed against the Property or the Improvements thereon, or any action affecting the title to such property, be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof.
ARTICLE 10. OWNERSHIP OF IMPROVEMENTS AND PERSONAL PROPERTY
10.1 Ownership of Improvements During Term. The Improvements comprise of the Permanent Infrastructure and Tenant Improvements, defined as follows:
10.1.1 Landlord shall be the sole owner of all permanent infrastructure developed on the Property, which includes but is not limited to the roadways, walkways, fencing, utility
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work, and any other improvements identified as permanent infrastructure in the Improvement Plan (the “Permanent Infrastructure”).
10.1.2 Tenant shall be the sole owner of the Units, common buildings, amenities and all other materials and improvements identified as tenant improvements in the Improvement Plan (the “Tenant Improvements”), subject to the following:
(a) DignityMoves, pursuant to the Development Management Agreement, will acquire and install the Tenant Improvements on behalf of Tenant. Tenant authorizes, and agrees to execute any further documents or instruments to authorize the City, DignityMoves, or the general contractor for the Project, to approve the purchase of the Units for Tenant that comply with the Conditions of Approval and have a warranty substantially similar to Exhibit H attached hereto and incorporated herein by reference. (b) Landlord has the right, in its sole and absolute discretion, to approve or reject the completion of the Improvements. In the event that Landlord rejects the Improvements for any reason, Tenant shall not claim or exercise any right to ownership of the Improvements and Tenant shall execute any instruments reasonably required by Landlord, including but not limited to a release or assignment, allowing Landlord to pursue any and all remedies relating to the Improvements.
(c) If Landlord accepts the Improvements through a written Notice of Acceptance as set forth in the Development Management Agreement, then Tenant shall have ten (10) days from such notice to confirm its acceptance of the Property as improved, or Tenant shall be in default of this Lease.
10.1.3 The parties hereto agree that Tenant shall bear all risk of loss with respect to the Improvements and that the benefits and burdens of ownership of the Improvements are vested in Tenant. It is the intention of the parties that the Tenant be treated as owner of the Improvements for federal income tax purposes and shall have all the rights incidental thereto including, without limitation, the right to claim tax credits and depreciation deductions with respect to the Improvements.
10.2 Landlord's Right on Default by Tenant. In the event of any default (if ongoing after any applicable notice and cure period) on the part of Tenant in performing the terms and provisions of this Lease entitling Landlord to possession of the Property, Landlord shall have the immediate right of possession of all Improvements or personal property permanently affixed to the Property and the right to assume any ownership or leasehold interest of Tenant in any financed or leased personal property, subject to the rights of third party lenders and equipment lessors.
10.3 R
emoval and Ownership at Termination or Expiration of Term.
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10.3.1 Subject to Section 10.3.2, upon termination of this Lease or expiration of the term, Tenant shall retain ownership of and remove the Tenant Improvements, including any fixtures, on the Property. In doing so, Tenant shall also secure any and all water, electrical, or other utility connections to the reasonable satisfaction of Landlord.
10.3.2 Notwithstanding Section 10.3.1, Landlord shall have the option, exercisable not later than fifteen (15) days prior to expiration of the Term or earlier termination of this Lease, to take ownership of all or a portion of the Tenant Improvements, including the Units, by providing written notice to Tenant (“Option Notice”). Upon serving the Option Notice, all Tenant Improvements on the Property at the expiration of the Term or earlier termination of this Lease shall, without compensation to Tenant, automatically and without any act of Lessee or any third party become Landlord's property, and Tenant shall surrender the Tenant Improvements to Landlord at the expiration of the Term or earlier termination of this Lease, free and clear of all liens and encumbrances, other than those, if any, permitted under this Lease or otherwise created or consented to by Landlord.
10.3.3 Tenant agrees to execute, acknowledge, and deliver to Landlord any instrument requested by Landlord as necessary in Landlord's opinion to convey or otherwise perfect Landlord's right, title, and interest to the Tenant Improvements and the Property. The obligations of this Section 10.3.3 shall survive the expiration or any earlier termination of this Lease.
10.3.4 At the expiration or sooner termination of this Lease, Landlord may, at Landlord's election, require the removal from the Property, at Tenant's sole cost and expense, of all personal property (other than fixtures), as specified in the notice provided for below. A request to take effect at the normal expiration of the term shall be effected by notice given at least thirty (30) days before the expiration date. A demand to take effect on any other termination of this Lease term shall be effectuated by notice given concurrently with notice of such termination or within ten (10) days after such termination. Tenant shall be liable to Landlord for costs incurred by Landlord in effecting the removal of personal property, which Tenant has failed to remove after demand pursuant to this section.
10.3.5 Any personal property or other Improvements owned by Tenant and not removed by Tenant within forty-five (45) days following expiration of the term shall be deemed to be abandoned by Tenant and shall, without compensation to Tenant, then become the Landlord's property, free and clear of all claims to or against them by Tenant or any other person, but subject to the rights of third party lenders and equipment lessors as to which Landlord has notice.
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ARTICLE 11. UTILITIES
11.1 Tenant shall pay, or cause to be paid through the Operations and Services Agreement, when due and shall hold Landlord harmless from any liability for all charges for water, gas, sewage, electricity, telephone and other utility service supplied to the Property.
ARTICLE 12. INSURANCE AND INDEMNITY
12.1 Indemnity.
12.1.1 Tenant shall hold harmless Landlord, the County, and their respective officers, officials, employees, contractors, invitees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) incurred by Tenant, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
12.1.2 To the furthest extent permitted by law, Tenant agrees to protect and does hereby agree to indemnify, defend and hold Landlord, the County, and their respective officers, officials, employees, contractors, invitees, agents, and volunteers harmless from all demands, liability, claims, actions and damages to any person or property, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or connected with: (i) a default by Tenant of its obligations under this Lease, or (ii) the use or occupancy of the Property by Tenant, its agents, consultants, subconsultants, employees, invitees or contractors or subcontractors, inclusive of DignityMoves, or any of its contractors, subcontractors, consultants, subconsultants, or other agents. Notwithstanding the foregoing, to the extent required by law, Tenant’s obligations set forth herein do not apply to the sole or active negligence or willful misconduct of Landlord, its officials, employees, contractors, invitees, or agents (exclusive of DignityMoves, or any of its contractors, subcontractors, consultants, subconsultants, or other agents working on the Project).
12.1.3 The obligations set forth in this Section 12.1 shall survive the expiration or earlier termination of the Lease.
12.2 Insurance.
12.2.1 General. Without limiting Tenant's indemnification of Landlord, Tenant shall provide and maintain at its own expense during the term of this Lease the following programs of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) reasonably satisfactory to the Landlord and evidence of such programs reasonably satisfactory to the Landlord shall be delivered to the Landlord on or before the Commencement Date of this Lease. Such evidence shall specifically identify this Lease and shall contain express conditions that the Landlord is to be given written notice at least thirty (30) days in advance of any modification or termination of any program of insurance.
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12.2.2 During the term of this Lease, Tenant shall provide the following forms and amounts of insurance with respect to the Property. Such insurance shall be primary to and not contributing with any other insurance maintained by the Landlord, shall name the Landlord, the County, and their respective officials, employees, contractors, invitees, and agents as additional insureds, and shall include, but not be limited to:
(i) Fire\Legal Liability Coverage. Property insurance endorsed with legal liability coverage covering the leased Property to keep all buildings, improvements, and other structures therein in an amount not less than one hundred percent (100%) of the actual full replacement cost against loss or destruction by fire and all perils, including vandalism, malicious mischief, special extended perils (“special form”). Landlord shall be named as an additional insured and loss payee on the policies.
(ii) “A
ll Risk” Property Insurance. A policy covering all of
Tenant’s personal property, trade fixtures, equipment, and merchandise located in or upon the Property in an amount sufficient to cover not less than one hundred percent (100%) of the replacement value thereof, providing protection against any peril included within including sprinkler damage, vandalism and malicious mischief endorsements ordinarily included in extended coverage casualty insurance policies. Tenant shall be solely responsible for any uninsured loss or damage caused to Tenant’s personal property, trade fixtures, equipment and merchandise located in or upon the Property for any reason. (iii) C
omprehensive Auto Liability Insurance. A comprehensive
automobile liability policy endorsed for all owned, non-owned and hired vehicles with a combined single limit of at least ONE MILLION DOLLARS ($1,000,000) per occurrence. (iv) C omprehensive General Liability Insurance. A standard form policy of Comprehensive General Liability endorsed for premises operation, contractual and broad form property damage with a combined single limit of not less than TWO MILLION DOLLARS ($2,000,000) per occurrence, with an annual aggregate of FOUR MILLION DOLLARS ($4,000,000). The liability insurance policy required herein shall insure Tenant's performance of the indemnity provisions of this Lease, and Landlord, County and their officials, officers, employees, and agents shall be named as additional insureds with cross-liability endorsements.
(v) W
orkers’ Compensation Insurance. Workers’
compensation insurance, as required by the State of California, with statutory limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease. Workers’ Compensation insurance must cover all of Tenant’s employees on the Property. Tenant shall be responsible for the insurance coverage as herein provided of all employees of said Tenant. The worker’s compensation policy shall include a waiver of subrogation in favor of Landlord.
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(vi) Professional Liability. If Tenant hires a consultant to provide professional services, such as accounting, health, legal, architectural or engineering services in connection with the Project, or any portion of the Project, Tenant shall require the consultant to carry professional errors and omissions coverage of no less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim, TWO MILLION DOLLARS ($2,000,000) aggregate, with tail coverage for an extended reporting period of three (3) years.
Review. T
he liability insurance requirements may be reviewed by Landlord and Tenant every five (5) years, for the purpose of mutually increasing (in consultation with their respective insurance advisors) the minimum limits of such insurance from time to time to limits which shall be reasonable and customary for similar facilities of like size and operation in accordance with generally accepted insurance industry standards. If the parties are unable to mutually agree upon such new limits within thirty (30) days of a written demand by one party upon the other, the determination of an independent insurance advisor selected by the parties' insurance advisors shall be binding upon the parties.
12.3 P
roof of Coverage.
12.3.1 All policies required hereunder shall be with companies having a Best's A- /VIII rating. Copies of all policies of insurance or certificates thereof shall be delivered to Landlord.
12.3.2 The Comprehensive General Liability, Comprehensive Automobile Liability, Pollution Liability, Fire/Legal Liability and “All Risk” Property policies of insurance or certificates shall be endorsed to reflect that Landlord, County, and their respective directors, officials, officers, employees, agents, contractors, invitees, and agents have been named as additional insureds and/or loss payees. The policies shall be endorsed to reflect that the insurance is primary and non-contributory and that there is a waiver of any subrogation rights.
12.3.3 As often as any such policies shall expire or terminate, renewal or additional policies shall be procured and maintained in like manner and to like extent. All policies of insurance must contain a provision that the company writing such policy will give both parties thirty (30) days' advance written notice of any cancellation or lapse of the effective date or any reduction in the amounts of insurance. If Tenant fails to purchase, renew or maintain any insurance policies required herein, Landlord shall have the right to so purchase any such insurance and the amount of any such advance by Landlord shall constitute Additional Rent as defined in Section 5.2. Tenant agrees that if Tenant does not maintain any insurance policy required under this Lease or fails to pay any premiums when due, Landlord may, at its election, either terminate this Lease, or require that the Tenant immediately obtain the necessary insurance and pay the premium.
12.4 Other Insurance. Nothing in this Article 12 shall prevent Tenant from carrying insurance of the kind required of Tenant under a blanket insurance policy or policies, which
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cover other properties owned or operated by Tenant; nor shall anything in this Article 12 prohibit Landlord from carrying additional insurance covering the Property or improvements thereon or appurtenant thereto. Tenant shall furnish Landlord with copies of a schedule or makeup of all property affected by any such policy of blanket insurance within thirty (30) days after the filing of such schedule or makeup with the appropriate filing body.
12.5 Pollution Insurance. Prior to conducting and/or causing any work to be conducted upon the Property, Tenant shall require its general contractor to use its best efforts to obtain a Contractor's Pollution Liability insurance policy, with an insurer(s) having a rating, as circulated by Best's Insurance reports, of "A" or better, with policy coverage and limits subject to prior written approval of Landlord and naming Landlord, its officials, employees, contractors, invitees, and agents as additional insureds. Tenant shall require the general contractor to obtain, secure, and maintain in full force and effect such policy throughout the duration of work on the Property.
Landlord shall use its best efforts to obtain a Pollution Legal Liability insurance policy for the Property and shall name the Tenant as an additional insured if requested by Tenant. Tenant shall pay any additional premium attributable to such coverage.
12.6 W
aiver of Subrogation. Tenant waives its right of recovery against Landlord, the City, the County, and their respective successors, assigns, directors, employees, agents and representatives in connection with any loss or damage caused to property belonging to Tenant which is covered by any insurance policy of Tenant in force at the time of any such loss or damage. Tenant hereby waives, on behalf of itself and its insurance carriers, any right of subrogation it may have against Landlord, the County, and their respective successors, assigns, directors, employees, agents and representatives, and Tenant shall notify its carriers of the waiver contained herein. Tenant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not Landlord, or County have received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor the Landlord and the County for all work performed by Tenant, its employees, agents, contractors and subcontractors.
12.7 Wai
ver of Loss and Damage. Landlord, and its officials, officers, employees, agents, or assigns shall not be liable for any damage to inventory or other property of Tenant, or others, located in, on or about the Property, nor for the loss of or damage to any property of Tenant or of others by theft or otherwise, which is not the direct result of Landlord’s sole and active negligence, and Tenant waives any claim against Landlord with respect to such property.
Landlord shall not be liable to Tenant, Tenant’s employees or representatives for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Property or from the pipes, appliance or plumbing works or from the roof, street or subsurface or from any other places or by any other cause of whatsoever nature. Landlord shall not be liable to Tenant, Tenant’s employees or representatives for any such damage caused by other tenants or persons in the Property,
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occupants of adjacent property of the Project, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Property shall be so kept or stored at the sole risk of Tenant, and Tenant shall hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers, unless such damage shall be caused by the willful act or gross neglect of Landlord.
12.8 Notice by Tenant. Tenant shall give immediate notice to Landlord in case of fire or accidents in or around the Property or of any damage or defects in the Property, or any fixtures or equipment therein, on, or about.
ARTICLE 13. DAMAGE OR DESTRUCTION
13.1 Restoration.
13.1.1 Insured Damage. No loss or damage by fire or any other cause resulting in either partial or total destruction of the Improvements now or hereafter located on the Property, or any fixtures, equipment or machinery used or intended to be used in connection with the Property or the Improvements thereon, shall (except as otherwise provided in Sections 13.2, or 13.3, below) operate to terminate this Lease or to relieve or discharge Tenant from the payment of any rent, or other amounts payable hereunder, as and when they become due and payable, or from the performance and observance of any of the agreements, covenants and conditions herein contained to be performed and observed by Tenant. Tenant covenants to repair or cause to be repaired and/or reconstruct or cause to be reconstructed any Improvements so damaged or destroyed to the extent, condition and value of such Improvements immediately prior (or if Tenant was in default of its maintenance and repair obligations at the time of such damage or destruction, to the condition and value which would have existed if Tenant had not been in default) to such damage or destruction, assuming full compliance with this Lease.
Tenant also covenants that all insurance proceeds will be applied to the repair and/or reconstruction of such Improvements. Tenant's failure to make such full repair and restoration under any conditions in which it was elected or required so to do shall constitute default hereunder.
13.1.2 U
ninsured Damage. Notwithstanding the provisions of Section 13.1.1, if, during the term, (i) the Improvements are totally or partially destroyed from a risk not covered one hundred percent (100%) by the sum of the applicable deductible and the insurance required to be carried by Tenant under this Lease, rendering the premises totally or partially inaccessible or unusable, and (ii) the cost of restoration exceeds ten percent (10%) of the then replacement value of the Improvements, Tenant can elect to terminate this Lease by giving notice to Landlord within thirty (30) days after determining the restoration cost and replacement value. If Tenant elects to terminate this Lease, Landlord, within ninety (90) days after receiving Tenant's notice to terminate, can elect to pay to Tenant, at the time Landlord notifies Tenant of its election, the difference between one hundred percent (100%) of the replacement value of the Improvements
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and the actual cost of restoration, in which case Tenant shall restore the Improvements. On Landlord's making its election to contribute, Landlord shall deposit immediately the amount of its contribution with the insurance trustee provided for in the following provisions. If Tenant elects to terminate this Lease and Landlord does not elect to contribute toward the cost of restoration as provided in this paragraph, this Lease shall terminate as of the ninety-first (91st) day following Tenant's notice.
13.1.3 Right to Terminate Upon Destruction Near the End of the Term. If, during the last year of the term, the Improvements on the Property are totally or partially destroyed, and if the cost of restoration exceeds ten percent (10%) of the replacement cost of Improvements on the Property immediately before the damage or destruction, Tenant may elect to terminate this Lease, provided that Tenant complies with all of the following conditions:
(i) Tenant gives Landlord written notice of the damage or destruction within thirty (30) days after the event causing such damage or destruction; (ii) Tenant is not in material default under this Lease; (iii) Tenant transfers to Landlord all insurance proceeds resulting from the casualty, net of any cost incurred by Tenant in collecting such insurance proceeds and/or in complying with the provisions of Paragraph (iv). below; (iv) If Landlord so elects, Tenant delivers possession of the Property and Improvements thereon to Landlord and quitclaims to Landlord all right, title and interest in the Property and the Improvements thereon; and (v) If Tenant so elects to terminate this Lease under this section, then Tenant shall, at its expense, promptly remove all debris and put the Property in a safe condition. Thereupon, this Lease shall terminate and the parties shall have no further obligations to each other excepting those previously accrued but not satisfied at the time of termination.
(b) Waiver. The provisions of this Article 13 shall govern the rights of the parties in the event of any full or partial destruction of the Property. Tenant hereby waives the provisions of Civil Code Section 1932(2) and Civil Code Section 1933(4) and any similar successor statute or law with respect to any destruction of the Property or the Improvements thereon.
13.2 C
ondemnation
13.2.1 Definitions.
13.2.2 "Condemnation" means (1) the exercise of any governmental power in eminent domain, whether by legal proceedings or otherwise, by a condemnor, and (2) a
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voluntary sale or transfer to any condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending.
(a) "Date of taking" means the date the condemnor has the right to possession of the property being condemned.
(b) "Award" means all compensation, sums or anything of value awarded, paid or received on a total or partial condemnation. (c) "Condemnor" means any public or quasipublic authority, or private corporation or individual, having the power of condemnation.
13.2.3 Parties' Rights and Obligations to be Governed by Lease. If during the term there is any taking of all or any part of the Property, any Improvements on the Property or any interest in this Lease by condemnation, the rights and obligations of the parties shall be determined pursuant to the provisions of this Article 13.
13.2.4 T
otal Taking. If the Property is totally taken by condemnation, this Lease shall terminate on the date of taking.
13.3 E ffect of Partial Taking . If any portion of the Property or the Improvements thereon is taken by condemnation, this Lease shall remain in effect, except that Tenant may elect to terminate this Lease if the remaining portion of the Property is rendered unsuitable (as defined herein) for Tenant's continued use. The remaining portion of the Property shall be deemed unsuitable for Tenant's continued use if, following a reasonable amount of reconstruction, Tenant's business on the Property could not be operated at an economically feasible level.
Tenant must exercise its right to terminate by giving Landlord written notice of its election within ninety (90) days after the nature and extent of the taking have been finally determined.
Such notice shall also specify the date of termination, which shall not be prior to the date of taking. Failure to properly exercise the election provided for in this Section will result in this Lease continuing in full force and effect.
13.4 R
estoration of the Premises . If, in Tenant's judgment it is reasonably possible and economically feasible to do so, Tenant shall be entitled to use so much of the award as is necessary to restore or to add on to the Property so that the area and approximate layout of the Property will be substantially the same after the date of taking as they were before the date of taking. If it is not reasonably possible and economically feasible to so restore the area and layout of the Property, the remaining provisions of this Article 13 shall govern the rights of the parties.
If, after receipt of the award, Tenant fails to promptly commence any reasonably required repair, restoration or reconstruction of the Property and diligently prosecute such repair, restoration or reconstruction to completion, and such failure is not remedied within thirty (30) days of written notice from the Landlord to Tenant, this Lease may be terminated by the Landlord; provided, however, that in the event that the nature of the cure is such that more than thirty (30) days are
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reasonably required, Tenant shall have such additional period of time as is reasonably required provided that Tenant commences the required repair, restoration or reconstruction within such thirty (30) days and thereafter diligently and continuously prosecutes it to completion.
13.5 Waiver of CCP Section 1265.130. Each party waives the provisions of the Code of Civil Procedure Section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the Property.
13.6 Awa
rd . Subject to the provisions of Section 13.3, the award for the Property and for the Improvements shall belong to Landlord, except as hereinafter provided. Tenant, or any subtenant, as applicable, shall be entitled to receive: (a) the value of any leasehold improvements, merchandise, personal property, and furniture, fixtures and equipment owned by Tenant that are taken in connection with such condemnation; and (b) loss of goodwill, if agreed to be paid by the condemning authority or awarded by the Court. Tenant shall not be entitled to any compensation based upon the then fair market value of Tenant's interest in this Lease (“bonus value"). Tenant shall have the right to negotiate directly with the condemnor for the recovery of the portion of the award that Tenant is entitled to under this Section 13.6. Nothing in this Section 13.6 shall be deemed a waiver or surrender by Tenant or any subtenant of any right to receive relocation assistance under Government Code Section 7260, et seq., or compensation for moving of personal property under Code of Civil Procedure Section 1263.260.
ARTICLE 14. ASSIGNMENT AND SUBLETTING
14.1 No Transfers or Assignments. Tenant shall not have the right to transfer, assign, encumber, hypothecate, or convey its rights or obligations under this Lease without prior written consent from Landlord, which Landlord may grant or withhold in its sole and absolute discretion.
14.2 C
ity Transfers and Assignments. Nothing, notwithstanding anything to the contrary contained in this Lease, shall prevent the City from exercising City’s right to assign, encumber, hypothecate or otherwise transfer any portion of the Property and this Lease or any interest herein.
14.3 Nothing contained in this Article 14 shall prohibit Tenant from making the Property available to Eligible Program Participants for the purposes set forth in this Lease.
ARTICLE 15. TENANT DEFAULTS AND LANDLORD'S REMEDIES
15.1 Defaults by Tenant. Tenant shall be in default under the Lease if:
15.1.1 Tenant is at any time in default in the payment of rent or any other monetary sum called for by this Lease for more than ten (10) days following written notice from Landlord to Tenant; or
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15.1.2 Tenant refuses to accept the Improvements within ten (10) days of the City making a request that the Tenant accept the Improvements; or
15.1.3 Tenant is at any time in default in the keeping and performing of any of its other covenants or agreements herein contained, including the performance of any obligations under the Operations and Services Agreement, and should such other default continue for thirty (30) days after written notice thereof from Landlord to Tenant specifying the particulars of such default, or if such other default is of a nature that curing such default will take more than thirty (30) days and Tenant has failed to commence such cure within such thirty (30) days and to thereafter diligently pursue completion of such cure; or
15.1.4 Tenant interferes with the commencement or completion of Construction, as required by this Lease, and such default is not cured within thirty (30) days of written notice from Landlord to Tenant; or
15.1.5 Tenant assigns, sells, transfers, conveys, encumbers, hypothecates or leases the whole or any part of the Property, the Improvements, or any improvement constructed thereon in violation of this Lease; or
15.1.6 There occurs, in violation of this Lease, any change in control of Tenant or of a part thereof, or any other act or transaction involving or resulting in a change in the identity of the parties in control of Tenant or the degree of such control; or
15.1.7 There is the subjection of any right or interest of Tenant to attachment, execution or other levy, or to seizure under legal process, if not released within thirty (30) days thereafter, provided that the foreclosure of any mortgage permitted by the provisions of this Lease shall not be construed as a default within the meaning of this Section; or
15.1.8 A receiver is appointed to take possession of either the Property, the Improvements, Tenant's interest in the leasehold estate, or of Tenant's operation on the Property for any reason.
15.2 Remedies. Upon the occurrence of any default, in addition to any and all other rights or remedies of Landlord hereunder, or by law or in equity provided, Landlord shall have the sole option to exercise the following rights and remedies:
15.2.1 Terminate this Lease by giving Tenant notice of termination. On the giving of the notice, subject to the rights established in Section 10, all Tenant's rights in the Property and, as applicable, any or all Improvements shall terminate. Promptly after notice of termination, Tenant shall surrender and vacate the Property and, as applicable, all Improvements in broomclean condition; and, subject to the provisions in Section 15.2.2, below, respecting the right of certain subtenants to remain, Landlord may reenter and take possession of the Property and all Improvements and eject all parties in possession or eject some and not others, or eject
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none. Termination under this paragraph shall not relieve Tenant from the payment of any sum then due to Landlord or from any claim for damages previously accrued or then accruing against Tenant.
15.2.2 Demand as Additional Rent or any other any monetary concessions granted by Landlord in connection with this Lease.
15.2.3 Without terminating this Lease, Landlord may at any time and from time to time relet the Property and Improvements thereon or any part or parts of them for the account and in the name of Tenant or otherwise. Landlord may at Landlord's election eject all persons or eject some and not others, or eject none. Any reletting may be for the remainder of the term or for a longer or shorter period. Landlord may execute any leases made under this provision either in Landlord's name or in Tenant's name and shall be entitled to all rents from the use, operation, or occupancy of the Property or Improvements thereon, or both. Tenant hereby appoints Landlord its attorney-in-fact for purpose of such leasing. Tenant shall nevertheless pay to Landlord on the due dates specified in this Lease the equivalent of all sums required of Tenant under this Lease, less the revenue received by Landlord from any reletting or attornment, plus Landlord's expenses, including (by way of example), but not limited to, remodeling expenses, commissions and advertising costs. No act by or on behalf of Landlord under this provision shall constitute a termination of this Lease unless Landlord gives Tenant notice of termination.
15.2.4 Reletting by Landlord pursuant to Section 15.2.3, above, does not waive Landlord’s right to thereafter terminate this Lease and all of Tenant's rights in or to the leased Property.
15.3 Landlord's Right to Cure Tenant's Default. Landlord, at any time after Tenant commits a default which Tenant has failed to cure within the time established therefor, may cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date, shall bear interest at the rate provided in Section 5.4 from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be considered Additional Rent.
15.4 The obligations set forth in this Section 15 shall survive the expiration or earlier termination of the Lease.
ARTICLE 16. MISCELLANEOUS
16.1 Attorneys' Fees. In the event that any action is brought by either party hereto as against any other party hereto for the enforcement or declaration of any right or remedies in or under this Lease or for the breach of any covenant or condition of this Lease, then and in that event the prevailing party shall be entitled to recover, and the other party agrees to pay all fees and costs to be fixed by the court therein including, but not limited to, attorneys' fees.
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16.2 Quiet Possession. Landlord agrees that Tenant, so long as Tenant is not in default under this Lease and is paying the rent and performing the covenants and conditions of this Lease, shall quietly have, hold and enjoy the leased Property throughout the term hereof without interruption or disturbance from Landlord or any other persons claiming by, through or under Landlord; and Landlord warrants to Tenant that as of the Commencement Date of said lease term, there were no existing tenancies on the leased Property.
16.3 F
orce Majeure. Except as to the payment of rent, in addition to the specific provisions of this Lease, neither of the parties hereto shall be chargeable with, liable for, or responsible to, the other for anything or in any amount for any delays due to war; act of terrorism; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; pandemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of another party; acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the Landlord shall not excuse performance by the Landlord); or any other causes whether similar or dissimilar to the foregoing which is beyond the reasonable control or without the fault of the party claiming an extension of time to perform, and any delay due to said causes or any of them shall not be deemed a breach of or default in the performance of this Lease. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. If, however, notice by the party claiming such extension is sent to the other party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice.
16.4 N
otices . Any notice to be given or other document to be delivered by either party to the other hereunder shall be in writing and shall be deemed to have been duly given and received (i) upon personal delivery, (ii) as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below, (iii) the immediately succeeding business day after deposit with Federal Express or other equivalent overnight delivery system or (iv) upon electronic transmission to the principal offices of Landlord and Tenant, and addressed to the party for whom intended, effective upon the date the recipient acknowledges receipt, as follows:
Landlord: City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attention: Andrew P. Powers, City Manager
Email: [email protected]
Copy to: Best Best & Krieger LLP
500 Capitol Mall, Suite 1700
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37 NAVIGATION CENTER GROUND LEASE
Sacramento, CA 95814
Attention: Nancy Park
Email: [email protected]
Tenant: Many Mansions
1259 E. Thousand Oaks Blvd.
Thousand Oaks, CA 91362
Attn: Rick Schroeder
Email: [email protected]
Any party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.
16.5 Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions and conditions hereof.
16.6 S
urrender. Upon the expiration or sooner termination of the term of this Lease, and notwithstanding anything herein contained to the contrary, Tenant shall surrender to Landlord all and singular the leased Property, together with the Improvements then situated thereon, in good condition and repair, except for reasonable wear and tear.
16.7 B
inding. Subject to the restrictions set forth herein regarding assignment of the leasehold estate, each of the terms, covenants and conditions of this Lease shall extend to and be binding on and shall inure to the benefit of not only Landlord and Tenant, but to each of their respective heirs, administrators, executors, successors and assigns. Whenever in this Lease reference is made to either Landlord or Tenant, the reference shall be deemed to include, wherever applicable, the heirs, administrators, executors, successors and assigns of such parties, the same as if in every case expressed.
16.8 L
andlord's Right to Enter Property. Landlord and its authorized representatives shall have the right to enter the Property at all reasonable times, after giving Tenant twenty-four prior notice, for any of the following purposes: to determine whether the Property is in good condition and whether Tenant is complying with its obligations under this Lease; to do any necessary maintenance and to make any restoration to the Property that Landlord has the right or obligation to perform; to serve, post or keep posted any notices required or allowed under the provisions of this Lease; to do any necessary maintenance and to make any restoration to the Property that Landlord has the right or obligation to perform; to serve, post or keep posted any notices required or allowed under the provisions of this Lease; to post "for sale" signs at any time during the term, so long as such signs make it clear at first impression it is Landlord's interest alone that is for sale; to post "for rent" or "for lease" signs during the last one (1) year of the
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term, or during any period while Tenant is in default; to show the Property to prospective brokers, agents, buyers, tenants or persons interested in an exchange, at any time during the term; and to do any act or thing necessary for the safety or preservation of the Property if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street.
16.8.1 Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the Property as provided in this section other than those caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors.
16.8.2 Tenant shall not be entitled to an abatement or reduction of rent if Landlord exercises any rights reserved in this section.
16.8.3 In the event of an emergency, Landlord shall have an immediate right of possession to the Property and provide advance notice to the extent reasonably possible.
16.9 Disclaimer of Partnership. The relationship of the parties hereto is that of Landlord and Tenant, and it is expressly understood and agreed that Landlord does not in any way nor for any purpose become a partner of Tenant or a joint venturer with Tenant in the conduct of Tenant's business or otherwise.
16.10 M
emorandum. A short form Memorandum of this Lease (“ Memorandum”), in the form attached hereto as Exhibit F, shall be recorded within five (5) working days after the Commencement Date. The Parties agree to make any amendment or modification of the Memorandum in such form as shall be reasonably required (i) for Tenant to be able to obtain a leasehold title policy insuring Tenant's leasehold interest in the Property, or (ii) by any leasehold mortgagee.
16.11 Q
uitclaim. At the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord within thirty (30) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company to remove the cloud of this Lease from the real property subject to this Lease.
16.12 I
nterpretation. The titles to the paragraphs of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease.
16.13 C ovenants and Conditions. Each term and each provision, including, without limitation, the obligation for the payment of rent, to be performed by Tenant or Landlord, as the case may be, shall be construed to be both a covenant and a condition of this Lease.
16.14 I
ntegration . This Lease and the exhibits and documents of both incorporated by reference, constitutes the entire agreement between the parties and there are no conditions,
60684.00011\41942937.1
39 NAVIGATION CENTER GROUND LEASE
representations or agreements regarding the matters covered by this Lease which are not expressed herein, except as to the following separate and independent Operations and Services Agreement, dated on or about _______.
16.15 Estoppel Certificate. If upon any sale, assignment or hypothecation of the Property or the land thereunder by Landlord an estoppel certificate shall be required from Tenant, Tenant agrees to deliver, within ten (10) business days after written request therefor by Landlord, a statement in recordable form addressed to any such proposed mortgagee or purchaser, or to Landlord, in a form requested by Landlord's mortgagee or purchaser, certifying that this Lease is unmodified and is in full force and effect (if such be the case), certifying the commencement and termination dates of the lease term, certifying that there has been no assignment or subletting of this Lease (or providing detail regarding any such assignment or subletting), and that there are no defenses or offsets hereto (or stating those claimed by Tenant) and containing such other information as may reasonably be requested by the party to whom such certificate is addressed. In the event Tenant fails to deliver such estoppel certificate to Landlord within the ten (10) day period provided above, it shall be deemed that this Lease is in full force and effect and that Tenant has no defenses or offsets against Landlord.
16.16 L
andlord's Right to Sell. Landlord shall have the right to sell its fee estate in the Property and assign its interest in this Lease without limitation; provided, however, that any such sale shall be subject to this Lease. Upon any such conveyance, Landlord shall automatically be relieved of any obligations under this Lease other than those obligations, which accrued prior to the date of such conveyance. Landlord shall also have the right to mortgage, hypothecate or otherwise pledge its interest in the Property and this Lease.
16.17 A
mendments to T his Lease. Landlord and Tenant agree to mutually consider reasonable requests for amendments to this Lease that may be made by either of them, subtenants of Tenant, lending institutions or bond counsel or financial consultants to Landlord or Tenant, provided such requests are consistent with this Lease and would not materially alter the basic business terms included herein. No amendment hereto shall be effective unless a written amendment signed by the Parties is approved by the City Council.
16.18 T
ime is of the Essence. Time is of the essence in the performance of the terms and conditions of this Lease.
16.19 C ounterparts. This Agreement may be executed in any number of counterparts and by different signatories hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same instrument, for the same effect as if all signatories hereto had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.
60684.00011\41942937.1
40 NAVIGATION CENTER GROUND LEASE
ARTICLE 17. BOOKS AND RECORDS
17.1 Records. Tenant shall be solely responsible for implementing internal controls and record keeping procedures in order to comply with this Lease and all applicable laws.
17.2 Tenant shall maintain any and all ledgers, books of account, invoices, vouchers, bids, cancelled checks; and other records or documents evidencing or relating to the activities performed by Tenant under this Lease, including without limitation those relating to the construction of the Improvements, for a minimum period of five (5) years, or for any longer period required by law, from the date of termination of this Lease or the date of the Landlord's acceptance of the Improvements, whichever is longer. Notwithstanding the preceding sentence, Tenant shall retain such records beyond five (5) years so long as any litigation, audit, dispute, or claim is pending. Real estate documents related to any vested or licensed rights in the Property shall be retained in perpetuity.
17.3 Any records or documents required to be maintained pursuant to this Lease shall be made available for inspection or audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Tenant's address indicated for receipt of notices in this Lease.
17.4 Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Tenant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Tenant, Tenant's representatives, or Tenant's successor-in-interest.
Exhibits
A – Legal Description
B – Scope of Development
C – Improvement Plan
D – Project Budget
E – Management, Operations, and Public Safety Policies and Procedures F – Memo of Lease
G – Development Management Agreement
H – Sample Warranty for Units
I – Encampment Resolution Funding Requirements
60684.00011\41942937.1
41 NAVIGATION CENTER GROUND LEASE
[Signatures to appear on the following page.]
60684.00011\41942937.1
42 NAVIGATION CENTER GROUND LEASE
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their lawfully authorized representatives.
LANDLORD:
CITY OF THOUSAND OAKS , a California
municipal corporation and charter city
By:________________________________
Andrew P. Powers, City Manager
ATTEST:
APPROVED AS TO FORM:
60684.00011\41942937.1
43 NAVIGATION CENTER GROUND LEASE
TENANT:
MANY MANSIONS , a California nonprofit
corporation
By:
By: ________________________
60684.00011\41942937.1
44 NAVIGATION CENTER GROUND LEASE
EXHIBIT A
Property Legal Description
[TO BE INSERTED]
PORTION OF
APN #667 -0-080-105
LINE TABLE
EXHIBIT "A"
LINE BEARING LENGTH
L1 N79° 55'36"W 30.00' Radial
CURVE TABLE
CURVE DELTA RADIUS LENGTH
C1 28°00'00" 35.00' 17.10'
C2 56°00'00" 50.00' 48.87'
�\\ \\ \\ \\JAREA OF LEASE
- - -- - -
80 40 0 40 80
1"=80' GRAPHIC SCALE
60684.00011\41942937.1
EXHIBIT B
SCOPE OF DEVELOPMENT
The development of the Property shall substantially conform with the following provisions.
A. General. The Property shall be developed for purposes of the Project and improved in accordance with the provisions of this Agreement and the plans, drawings and related documents approved by the City made part hereof by reference. Tenant agrees to the Scope of Development set forth below and Development Management Agreement attached as Exhibit H of the Lease, and that Tenant shall cooperate with the City and DignityMoves to coordinate the overall design, architecture and color of the improvements on the Property.
B. T he Project .
1. DignityMoves shall be responsible for developing the Project and the Improvements referenced in Section 1.6 of the Lease.
2. DignityMoves shall be responsible for contracting with a licensed contractor or subcontractors to perform all onsite and offsite grading, installation of sewer, water, storm drain, electrical, cable, and other utilities and connections to the Property and the Project, site preparation and installation of prefabricated and/or modular housing units to be incorporated into the Project, and vertical construction of any improvements constituting the Project, together with the installation of landscape areas, including entry areas, walkways, open space and any other improvements to be constructed in connection with the development of the Project, and any other Work of Improvement as that term is defined in Section 8050 of the California Civil Code.
3. The Tenant Improvements shall include the modular units (“Units”), and all materials for the construction of the individual living spaces, common areas, amenities for the Project, and (unless otherwise specified) all vertical construction of for the Units and other improvements.
4. The Permanent Infrastructure shall include roadways, walkways, fencing as specified in the Plans and Specifications, and utility work.
5. DignityMoves shall procure all materials, including the Units, for the Improvements specified herein, as provided for in the Development Management Agreement. Tenant agrees that it shall be the owner of the Tenant Improvements, and authorizes Landlord and DignityMoves to procure, develop and install the Tenant Improvements on behalf of Tenant.
C. Architectural Design. The architectural design of the Project shall be consistent
60684.00011\41942937.1
C-2
with applicable City standards and ordinances.
D. Landscaping. The landscape design for the Project shall be consistent with applicable City standards and ordinances.
E. S igns. All signs for the Project shall be consistent with applicable City standards and ordinances.
F. S creening. Screening for trash areas, fire related mechanical devices, rooftop equipment and other building elements will require screening consistent with applicable City standards and ordinances.
G. P ermit Submittal Materials. The development permit application materials submitted for the Project shall be consistent with the submittal requirements of applicable City standards and ordinances.
H. C
ompliance with Conditions of Approval. The development shall comply with all conditions of approval imposed by the City, including the Special Use Permit approved by the City on or about October 23, 2023, or any other regulatory agency having jurisdiction over the Project.
I. A
pplicable Codes. The Project shall be constructed in accordance with the Uniform Building Code (with City modifications) and applicable City standards and ordinances.
60684.00011\41942937.1
EXHIBIT C
IMPROVEMENT PLAN
A. SEE G SHEET SERIES FOR SYMBOLS,
ABBREVIATIONS, GENERAL NOTES & TYPICAL
MOUNTING LOCATIONS, HEIGHTS AND ALIGNMENTS.
B. GC TO VERIFY LIMITS OF DEMOLITION SCOPE WITH
NEW CONSTRUCTION SCOPE PRIOR TO
COMMENCING WORK.
C. SEE CONSULTANT AND VENDOR DRAWINGS FOR
RELATED SCOPE OF WORK AND ADDITIONAL
INFORMATION. ARCHITECTURAL DRAWINGS TAKE
PRECEDENCE ON LOCATION OF DEVICES.
D. ALL DIMENSIONS ARE BASED OFF OF THE FACE OF
FINISH.
E. ALL NEW PENETRATIONS AND OPENINGS IN THE
BUILDING ENVELOPE SHALL BE SEALED TO LIMIT
INFILTRATION AND EXFILTRATION. PATCH
WATERPROOFING TO MAINTAIN WATER TIGHT
BUILDING ENVELOPE.
F. COORDINATE AND ALIGN ALL ACCESS PANELS WITH
NEW CONSTRUCTION. WHERE ACCESS PANELS
CONFLICT WITH CONSTRUCTION, RELOCATE
PANELS AS REQUIRED. VERIFY LAYOUT WITH
ARCHITECT PRIOR TO INSTALLATION.
10' SIDE YARD SETBACK
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
LAWRENCE DRIVE
SCE EASEMENT
NO DOCUMENTED EASEMENT, PER CIVIL
ASSUMED 5' OFFSET FROM CL OF STORM DRAIN
OUTDOOR DINING
LOOSE FURNITURE
WITH UMBRELLAS
ELECTRICAL
UTILITY
TRASH
OUTDOOR
RECREATION
LOOSE FURNITURE
WITH UMBRELLAS
FIRE LANE FIRE LANE
CHECK
-IN
IT
RR LAUNDRY CLINIC
BREAKROOMDINING DINING
LOADING
DOG RUN RR RRRR RRRR
EXTERIOR RESIDENT STORAGESMOKING
AREA
OUTDOOR
R
ECREATION
LOOSE FURNITURE
WITH UMBRELLAS
STORAGE STORAGE INTAKE
OFFICE
OFFICE
01 01
02 05
07 09
12 13
14 15
15 18 18
20 21
22 23
25 26
29 29
30 30
31 31
32 22
0707
02 082427 29
29 15
15 16
31 12
15 0604 0404 11
10 03
03 03
10 03
03 03
03 03
03 PHASE 2
PHASE 1
28 SHEET NOTES GENERAL NOTES
AHJ Stamps
© Gensler
Date Description
Project Name
Project Number
Description
Scale
2023
NOT FOR
CONSTRUCTION
Tel +1 415.433.3700
Fax +1 415.836.4599
220 Montgomery Street
Suite 200
San Francisco, CA 94104
USA
Seal / Signature
CIVIL ENGINEER
255 Shoreline Drive, Suite 200
Redwood City, CA 94065
Tel 650.482.6300
MEP ENGINEER
48 Golden Gate Avenue
San Francisco, CA 94102
Tel 415.544.7200
STRUCTURAL ENGINEER
375 Beale Street, Suite 500
San Francisco, CA 94105
Tel 415.392.6952
LANDSCAPE ARCHITECT
833 Haight Avenue
Alameda, CA 94501
Tel 510.864.1303
As indicated
1/10/2024 5:11:50 PM
Autodesk Docs://001.2499.000 - DignityMoves - Thousand Oaks /01.2499.000 - Dignity Moves - Thousand Oaks - R22.rvt A1.01
CONSTRUCTION PLAN
01.2499.000
Dignity Moves - Thousand
Oaks
DignityMoves
Thousand Oaks
1205 Lawrence Drive
Thousand Oaks, CA 91320
01 PARKING. 14 STALLS TOTAL, 2 ACCESSIBLE, 1 VAN ACCESSIBLE 02 ALTERNATIVE ACCESSIBLE POINT OF EGRESS
03 PREFABRICATED RESIDENTIAL BUILDING. TWO ROOMS PER MODULE. TOTAL OF 9 MODULES.
RAISED LANDING AT ENTRY. DECKING MATERIALS TO MEET WUI STATE FIRE MARSHAL LIST OF APPROVED PRODUCTS. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE
INFORMATION
04 PREFABRICATED ACCESSIBLE RESIDENTIAL BUILDING. TWO ROOMS PER MODULE. TOTAL OF 3 MODULES. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
05 PREFABRICATED ACCESSIBLE CHECK-IN BUILDING. ONE ROOM PER MODULE. TOTAL OF 1 MODULE. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. 06 PREFABRICATED ACCESSIBLE OFFICE BUILDING. TWO ROOMS PER MODULE. TOTAL OF 1 MODULE. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
07 PREFABRICATED SHOWER & RESTROOM BUILDING. ONE ROOM PER MODULE. 50% OF QUANITY TO MEET ACCESSIBILITY REQUIREMENTS, PER 11B. TOTAL OF 5 MODULES. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
08 8' X 10' CONEX SHIPPING CONTAINER W/ OPERATOR PROVIDED BUG ZAPPER 09 PREFABRICATED ACCESSIBLE LAUNDRY BUILDING. ONE ROOM PER MODULE. TOTAL OF 2 MODULES. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. 2 ACCESSIBLE WASHER, 2 ACCESSIBLE DRYER, 4 STACKED WASHER/DRYER COMBINATION UNITS 10 PREFABRICATED RESIDENTIAL COUPLES BUILDING. ONE ROOM PER MODULE. TOTAL OF 2 MODULES. RAISED LANDING AT ENTRY. DECKING MATERIALS TO MEET WUI STATE FIRE MARSHAL LIST OF APPROVED PRODUCTS. REFERENCE MODULAR FABRICATOR DRAWINGS FOR
MORE INFORMATION
11 PREFABRICATED ACCESSIBLE RESIDENTIAL COUPLES BUILDING. ONE ROOM PER MODULE.
TOTAL OF 1 MODULE. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01 12 BICYCLE RACKS TO ACCOMODATE 16 BIKES. TOTAL OF 2.
13 PREFABRICATED ACCESSIBLE CLINIC BUILDING. ONE ROOM PER MODULE. TOTAL OF 1 MODULE.
REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
14 TRASH ENCLOSURE WITH CURB TO ACCOMODATE 4 4-CUBIC YARD DUMPSTERS. FINAL DETAILS TO BE DETERMINED BY TRASH HAULER.
15 6' HIGH FENCING, REFERENCE SHEET A2.01
16 EXTERIOR RESIDENT STORAGE SURROUNDED BY FENCING, SEE SHEET NOTE 29. WITHIN ENCLOSURE, 65 GALLON STORAGE CONTAINERS PROVIDED FOR EACH RESIDENT. ACCESSED BY STAFF ONLY.
18 ALL WEATHER SURFACE FIRE LANE AND ACCESS TO BATTERY STORAGE FACILITY AT WESTERN END OF PROPERTY. 20' WIDE MINIMUM
20 PREFABRICATED ACCESSIBLE STAFF BREAKROOM BUILDING. ONE ROOM PER MODULE. TOTAL OF 1 MODULE. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
21 DOG RELIEF WITH PET WASTE STATION, 4'-0" HIGH CHAINLINK FENCE AROUND PERIMETER.
SURFACE TO BE CRUSHER ROCK WITH FINES.
22 PREFABRICATED ACCESSIBLE MEAL PREP BUILDING. ONE ROOM PER MODULE. TOTAL OF 1 MODULE. INTERIOR TO INCLUDE SINK, COUNTERTOP, REFRIGERATOR, FREEZER, AND DEDICATED OUTLETS FOR COUNTERTOP APPLIANCES. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
23 MAIN POINT OF ENTRY
24 8' X 20' CONEX SHIPPING CONTAINER FOR ON-SITE STORAGE 25 PEDESTRIAN PATHWAY SHOWN AS CROSSHATCH THROUGHOUT, CRUSHER ROCK WITH FINES. 26 RAISED CONTINUOUS DECKING. MATERIALS TO MEET WUI STATE FIRE MARSHAL LIST OF APPROVED PRODUCTS.
27 SMOKING AREA LOCATED 25' FROM ALL WINDOWS, DOORS, AND MECHANICAL INTAKE 28 NEW PUBLIC FIRE HYDRANT, FINAL LOCATION TO BE DETERMINED BASED ON EXISTING
UTILITIES AND COORDINATION WITH FIRE/BUILDING DEPARTMENTS 29 6' HIGH STEEL FENCING WITH VERTICAL SPIRES, REFERENCE SHEET A2.01 30 FESTOON LIGHTING SHOWN AS DASHED LINE, MOUNTED 8'-0" ABOVE GRADE 31 PEDESTRIAN PATHWAY OUTSIDE OF PROJECT FENCE LINE
32 PEDESTRIAN PATHWAY WITH TRUNCATED DOMES
PROJECT INFORMATION
NAME:
ADDRESS:
AREA OF WORK:
SCOPE OF WORK:
DIGNITYMOVES - THOUSAND OAKS
1205 LAWRENCE DRIVE
THOUSAND OAKS, CA 91320
APPROX 58,000 SF, NOT INCLUDING FIRE LANE OUTSIDE OF WEST BOUNDARY OF PROJECT THE BUILD-OUT OF PREFABRICATED TRANSITIONAL HOUSING UNITS. PROJECT TO INCLUDE
AMENITY BUILDINGS FOR OFFICES/SUPPORT SERVICES, LAUNDRY, RESTROOMS, SHOWERS, DINING, AND COMMUNITY GATHERING.
PHASE 1: 27 UNITS TO ACCOMMODATE 30 RESIDENTS
PHASE 2: 18 UNITS TO ACCOMMODATE AN ADDITIONAL 20 RESIDENTS VEHICLE PARKING:
QUANTITIES AND DIMENSIONS OF ACCESSIBLE STALLS
TO MEET 11B STANDARDS. OFF STREET PARKING
PROVIDED WILL INCLUDE 14 TOTAL STALLS WITH:
11 TYPICAL STALLS
2 ACCESSSIBLE STALLS
1 VAN ACCESSIBLE STALL
BICYCLE PARKING:
RACKS TO ACCOMODATE 16 BIKES FOR PHASE ONE
AND 24 BIKES FOR PHASE TWO.
ZONING STANDARDS
ZONING:
APN:
MINIMUM LOT AREA:
FRONT YARD:
REAR YARD:
SIDE YARD (INTERIOR):
SIDE YARD (CORNER):
MAXIMUM HEIGHT:
MINIMUM LOT WIDTH:
MAX BUILDING COV:
M-1 INDUSTRIAL PARK
6670080105
20,000 SQFT
100' FROM CENTERLINE OF PUBLIC STREET
10' WHEN ABUTTING R OR C ZONES
10' WHEN ABUTTING R OR C ZONES
100' FROM CENTERLINE OF PUBLIC STREET
35' MAX, 75' MAX WITHIN HEIGHT OVERLAY ZONE
100' MINIMUM STREET FRONTAGE
50%
APPLICABLE CODES
BUILDING CODE:
BUILDING MATERIALS:
EMERGENCY HOUSING:
ELECTRICAL CODE:
MECHANICAL CODE:
PLUMBING CODE:
ENERGY CODE:
SUSTAINABILITY CODE:
FIRE CODE:
ACCESSIBILITY CODE:
OCCUPANCIES:
HEIGHT:
ALLOWABLE HEIGHT:
AREA:
ALLOWABLE AREA:
TYPE OF CONSTRUCTION:
FIRE SPRINKLER SYSTEM:
SEPARATION:
R-2 (CURRENTLY EXAMINING R-3), A-2, B, S-2, U
1 STORY, +/- 12 FEET
1 STORY, 40 FEET
+/- 6,775 TOTAL SQFT (MULTIPLE BUILDINGS)
6,000 SQFT (MOST RESTRICTIVE OCCUPANCY A-2, NOT INCLUDING AREA INCREASE) V-B
YES (NFPA 13R OR NFPA 13D)
SEPARATED BUILDINGS, AREA NOT TO EXCEED 6,000 SQFT
2022 CALIFORNIA BUILDING CODE, WITH LOCAL AMENDMENTS
2022 CALIFORNIA BUILDING CODE, CHAPTER 7A
2022 CALIFORNIA BUILDING CODE, APPENDIX P
2022 CALIFORNIA ELECTRICAL
2022 CALIFORNIA MECHANICAL CODE
2022 CALIFORNIA PLUMBING CODE
2022 CALIFORNIA ENERGY CODE
2022 CALIFORNIA GREEN BUILDING STANDARDS
2022 CALIFORNIA FIRE CODE
2022 CBC, APPENDIX P, SECTION P107, CHAPTER 11B
AREA CALCULATIONS
SURFACE TREATMENTS: REF CIVIL & LANDSCAPE REF CIVIL & LANDSCAPE TOTALS: 10826 2385 13211 22.78% 30.16%
TOTAL ENCLOSURES (NO ROOF): 2856 2856 4.92% 6.52%
PET RELIEF 2180 2180
TRASH 476 476
ELECTRICAL 200 200
TOTAL RAISED WALKING SURFACES: 3064 516 3580 6.17% 8.17% ACCESSIBLE DECKING 2352 2352
RESIDENTIAL LANDINGS 573 516 1089
RAMPS AND STAIRS 139 139
BUILDINGS: 4906 1869 6775 11.68% 15.47%
PHASE 1: PHASE 2: TOTAL: LOT AREA
58,000 sqft
EXCLUDING
ACCESS LANE
43,804 sqft
* ALL AREAS ARE EXTREMELY APPROXIMATE AND ARE PROVIDED
FOR REFERENCE ONLY DURING SCHEMATIC PHASE OF DESIGN
SCALE: 1/16" = 1'-0"
CONSTRUCTION PLAN - ENLARGED1
09/18/2023 ISSUE FOR PLANNING
Exhibit C - Improvement Plan
60684.00011\41942937.1
EXHIBIT D
PROJECT BUDGET
Client Name: City of Thousand Oaks
Address: 1205 Lawrence Dr.
Job Name: DMTO
Date: January 11, 2024
# of Beds 30
HARD COSTS & CONTINGENCY: Quantity ESTIMATE Quantity ESTIMATE SUBTOTAL GC COST: SUBTOTAL GC COST: $2,678,033 SUBTOTAL GC COST: $697,094 Fire Road (a-la-carte): $172,222
Fire Water line: $442,000
Electrical/Data Future line: $83,000
Site Cleaning (Progress & Final): $3,500 $1,500
General Conditions: $213,326 Included
Profit & Overhead: 7% $265,813 7% Included
Performance Bond 1% $32,959 1% Included
Libility Insurance & Warranty 1% $60,483 2% Included
Owner Contingency: ### $267,803 ### $69,709
SUBTOTAL GC FEES & CONTINGENCY: GC FEES & CONT.: $843,884 GC FEES & CONT.: $71,209 Mod Pod Mod Pod
Sleeping Units Sleeping and Access. $2,079,855 Sleeping and Access. $586,600 Fire Suppression System Wet Sprinkler $125,000 Wet Sprinkler $55,000 Modular Design Mod Pod Design $150,000 Mod Pod Design included Accessory Buildings 3% contingency $57,955 3% contingency $15,588 SUBTOTAL MODULAR UNITS: MODULAR UNITS: $2,412,810 MODULAR UNITS: $657,188 TOTAL HARD COSTS & CONTINGENCY: HARD COSTS: $6,631,949 HARD COSTS: $1,425,491
SOFT COSTS
Design Allowance (including consultants) $413,311 $0
Design Contingency ### $267,803 $0
Permit Allowance Allowance $67,385 Allowance $10,000
School Fees $56,680 $0
FFE $36,400 $8,500
LV Allowance (internet/security) $125,000 $25,000
Community Outreach $75,000 $0
Legal Fees $10,000 $0
Builder's Risk Insurance $25,000 $8,333
General Liability Insurance $10,500 $3,500
MEP Commissioning $27,500 $2,500
TOTAL SOFT COSTS & FFE: SOFT COSTS: $1,114,579 SOFT COSTS: $57,833 TOTAL PROJECT COSTS:
SUBTOTAL HARD COSTS & CONTINGENCY $6,631,949 $1,425,491 SUBTOTAL SOFT COSTS & FFE $1,114,579 $57,833
DIGNITY MOVES DEVELOPMENT FEE $400,000 $0
TOTAL PROJECT COST: TOTAL: $8,146,529 TOTAL: $1,483,325
MODULAR UNITS
GC FEES & CONTINGENCY
7 Months @ $35,554 3 Months @ $35,554
VE Plan Phase One 30 VE Plan Phase Two 20
EXHIBIT D - PROJECT BUDGET
Client Name:
Address:
Job Name:
Date:
# of Units
Swinerton Staples Variance
GC COSTS & FEES
General Requirements 32,190$
644 $ -$ -$ -$ -$
Masonry 39,840$ 797 $ -$ -$ -$ -$
Earthworks - Grading 652,176$ 13,044 $ -$ -$ -$ -$ Site Concrete 699,090$ 13,982 $ -$ -$ -$ -$
Asphalt 11,970$ 239 $ -$ -$ -$ -$
Metal Fabrications 15,000$ 300 $ -$ -$ -$ -$ Site Furnishings 11,200$ 224 $ -$ -$ -$ -$ Carpentry & Millwork -$ -$ (344,725)$ (6,895)$ 344,725$ REMOVED From Both Assembly of MOD POD Deck system 75,000$ 1,500 $ 75,000$ 1,500 $ -$ Allowance ADDED to Both Fences and Gates 92,710$ 1,854 $ -$ -$ -$ -$ Landscaping 86,200$ 1,724 $ -$ -$ -$ -$
Site Utilities 925,500$ 18,510 $ -$ -$ -$ -$
Painting 1,080$ 22 $ -$ -$ -$ -$
Site Construction Costs -$ -$ 1,496,065$ 29,921 $ -$ -$ Building Construction Costs -$ -$ 1,451,693$ 29,034 $ -$ -$ Phase two -$ -$ 697,094$ 13,942 $ -$ -$
Plumbing 45,500$ 910 $ -$ -$ -$ -$
Electrical 605,750$ 12,115 $ -$ -$ -$ -$
SUBTOTAL GC COST: 3,293,206$ 65,864 $ 3,375,127$ 67,503 $ (81,921)$ (1,638)$ Site Cleaning (Final): 3,630$ 73 $ 3,630$ 73 $ -$ -$ General Conditions: 181,680$ 3,634 $ 213,326$ 4,267 $ (31,646)$ (633)$ Pre-Construction Services: 19,827$ 397 $ 19,827$ 397 $ -$ -$ Bond, GL Ins. Builders Risk & SDI: 75,361$ 1,507 $ 93,442$ 1,869 $ (18,081)$ (362)$ Overhead: 5% 197,937$ 3,959 $ 7.25% 265,813$ 5,316 $ (67,876)$ (1,358)$ SUBTOTAL GC COST & FEES: 3,771,641$ 75,433 $ 3,971,165$ 79,423 $ (199,524)$ (3,990)$ GC Contract Contingency: 5% 188,582$ 3,772 $ 5% 198,558$ 3,971 $ (9,976)$ (200)$ TOTAL GC COST, FEES & CONTINGENCY: 3,960,223$ 79,204 $ 4,169,723$ 83,394 $ (209,500)$ (4,190)$ Fire Road (Including all fees) 602,186$ 12,044 $ 198,222$ 3,964 $ 403,964$ 8,079 $ 4,562,409$ 91,248 $ 4,367,945$ 87,359 $ 194,464$ 3,889 $ Combined - Phase one & two
January 11, 2024
50 DMTO
City of Thousand Oaks
1205 Lawrence Dr
EXHIBIT D - PROJECT BUDGET
60684.00011\41942937.1
EXHIBIT E
MANAGEMENT, OPERATIONS, AND PUBLIC SAFETY POLICIES AND
PROCEDURES
[TO BE INSERTED]
ii
CONTENTS
SECTION I. PURPOSE ...................................................................................................................... 1 SECTION II. roles and responsibilities ............................................................................................ 1 A. Operator ...................................................................................................................................... 1
1. Operator Responsibilities ........................................................................................................... 1
2. Service Provider Partners ........................................................................................................... 2 Section III. Navigation Center Administration ................................................................................ 3 A. Description ................................................................................................................................. 3
1. Participant Eligibility.................................................................................................................... 3
2. Hours of Operation ..................................................................................................................... 3
3. Accessing the Navigation Center ................................................................................................ 4
4. Coordinated Entry System Integration ....................................................................................... 4
5. Local Preference .......................................................................................................................... 4
6. Length of Enrollment .................................................................................................................. 5
6. Storage ........................................................................................................................................ 5
7. Case Management and Housing Navigation ............................................................................... 5
8. Housing and Services Plan ........................................................................................................... 6 B. Navigation Center Services and Activities .................................................................................. 7
1. Baseline Services ......................................................................................................................... 7
2. Daytime Activities ....................................................................................................................... 8
3. Daily Schedule ............................................................................................................................. 8
4. Services for Participants .............................................................................................................. 9 C. Bed Reservation, Intake, Exit, Re-E nrollment, Overflow Management & Participant Records . 9
1. Bed Reservation .......................................................................................................................... 9
2. Intake ......................................................................................................................................... 10
3. Exit and Re-Enrollment ............................................................................................................. 10
4. Overflow Management ............................................................................................................ 12 D. Participant Records and Master File ......................................................................................... 13
1. Participant Guidelines ............................................................................................................... 14 E. Performance and Reporting ..................................................................................................... 15
iii
1. Expected Metrics and Performance Outcomes ........................................................................ 15
2. Reporting ................................................................................................................................... 16 F. Good Neighbor Policy................................................................................................................ 17
1. Communication and Coordination with Neighborhood, Businesses and Public ...................... 17
2. Communication and Coordination with Local Police and Fire Departments........................... 18
3. Communication and Coordination with City, County, and Service Providers ......................... 18
4. Policies for Community Involvement ....................................................................................... 19
5. Policies for Neighborhood Patrol ............................................................................................. 19
6. Navigation Center Advisory ...................................................................................................... 20 G. Transportation Policies ............................................................................................................. 20
1. Transportation Flow On and Off Property ............................................................................... 20
2. Pedestrian and Bicycle Traffic .................................................................................................. 21
3. Bicycle Parking .......................................................................................................................... 21
4. Bus and Shuttle Transportation Services ................................................................................. 21
5. Personal Vehicle Transportation and Parking ........................................................................... 22
6. Staff Transportation of Participants .......................................................................................... 22
7. Delivery of Goods and Community Donations.......................................................................... 22
8. Day Leave and Returning Participants ...................................................................................... 23 H. Food Policies ............................................................................................................................. 23
1. Provision of Nutritional Needs of Participants ......................................................................... 23
2. Meeting the Health Department Standards ............................................................................ 23
3. Provisions for the Sanitary Storage and Preparation of Food ................................................. 23 I. Safety Policies ............................................................................................................................ 24
1. Facility Maintenance ................................................................................................................. 24
2. Emergency, Incident, or Natural Disaster Safety ..................................................................... 24
3. Security Policies ......................................................................................................................... 26
4. De-escalating Conflicts ............................................................................................................. 28
5. Policy Regarding Participant Possessions ................................................................................ 29 J. Health Policies ........................................................................................................................... 30
1. Housekeeping Policy ................................................................................................................ 30
iv
2. Pet and Service Animal Policies ................................................................................................ 31
3. Controlled Substances............................................................................................................... 31
4. Prescription and Over-the-Counter Medications ..................................................................... 32
5. Participant Access to Medical Care .......................................................................................... 32
6. Policies & Procedures for Disease Prevention ......................................................................... 33 K. Financial Policies ..................................................................................................................... 33
1. Financial Requests from Participants ....................................................................................... 33
2. Participant Possessions and Funds .......................................................................................... 34
3. Annual Outside Audit ............................................................................................................... 34
4. Financial Reports Review ......................................................................................................... 34
5. Fiscal and Programmatic Reporting .......................................................................................... 34 L. Legal Policies ............................................................................................................................. 34
1. Policy for Compliance with Local Laws and Regulations ......................................................... 34
2. Policy for Compliance with Labor Laws and Regulations ......................................................... 36 M. Non-Discrimination Policies..................................................................................................... 36
1. Policy for Compliance with Americans with Disabilities Act ..................................................... 36
2. Gender-Specific Programming Policy ....................................................................................... 36
3. Sexual Harassment Policy ......................................................................................................... 37
4. Policy Regarding Sex Offenders ............................................................................................... 37 N. Confidentiality Policies ............................................................................................................. 37
1. Personal Confidentiality ........................................................................................................... 37
2. Database Confidentiality Policies ............................................................................................. 39
3. Exceptions to the Confidentiality Policy .................................................................................. 39 O. Grievance Policies ..................................................................................................................... 39
1. Receiving and Posting .............................................................................................................. 40
2. Whistleblower Policy ................................................................................................................ 40
1 SECTION I. PURPOSE
The purpose of the Management, Operations and Public Safety Policies and Procedures (Policies and Procedures) is to outline expectations, roles, and responsibilities with respect to site management and operations of the year -round Thousand Oaks Navigation Center (Navigation Center) located at 1205 Lawrence Drive.
The Policies and Procedures reflect federal, state, and local requirements and best practices to maintain a safe and healthy environment for participants and the community at large. The Policies and Procedures also align with federal Housing and Urban Development (HUD) and Ventura County Continuum of Care (VC CoC) standards, while simultaneously considering the City’s unique conditions and needs with respect to our unhoused population.
SECTION II. ROLES AND RESPONSIBILITIES
A. Operator
i. Many Mansions is an experienced owner and operator of affordable and permanent supportive housing in Ventura County and is the Tenant of this project’s ground lease. ii. Hope the Mission, formerly Hope of the Valley, is an experienced operator and supportive service provider for emergency shelter and navigation centers, currently providing over 1,500 beds in 15 other site locations to people experiencing homelessness. iii. The performance of the services outlined in these Policies and Procedures shall be performed by the Operator as more particularly described in the “Division of Responsibility” outlined in the Scope of Services as part of Exhibit A of the Professional Services Agreement , which allocates primary responsibility for specific services .
Notwithstanding the assignment of primary responsibility of any services , Hope the Mission and Many Mansions shall be jointly responsible for performing all obligations of this agreement and therefore are collectively referred to herein as “Operator.”
1. Operator Responsibilities
The Operator will develop policies and procedures , satisfactory to the City of Thousand Oaks (City) and the County of Ventura (County) , and consistent with the Professional Services Agreement, these Policies and Procedures, and all applicable local, state, and federal laws, rules and regulations necessary to operate the Navigation Center effectively and to ensure the site is operated in a manner consistent with its intended use. All policies and procedures of the Navigation Center Operator shall incorporate the following competencies as integral to the design:
i. Low Barrier Access and Services
ii. Housing First
iii. Harm Reduction
iv. Trauma-Informed Care
2 v. Participant-centered
vi. Culturally Competent
vii. Participant and operator dignity and respect
The Operator is responsible for the day- to-day activities, oversight, and management of all logistics and operations of the Navigation Center. At minimum, the operator will ensure:
i. All codes, laws, and regulatory requirements from the City, County, and any current or future funding sources are adhered to, including all City and County funding, as well as the requirements of the Encampment Resolution Funding Program, authorized by Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (Cal. Health and Safety Code § 50250).
ii. Regular communication with the City and the County. iii. Services are provided in a manner satisfactory to and consistent with any standards required by the City and County, or required as a condition of receiving Navigation Center funds. iv. The Navigation Center is responsive to the neighbors, the City, the County, and the entire community, including implementing the Good Neighbor Policy. v. The background and qualifications of the Operator’s staff and contractors providing services are appropriate for the persons being served and meet the minimum standards established by applicable licensing bodies.
vi. Participants will be given a copy of their signed copy of any document that requires their signature. This includes, but not limited to intake paperwork and Navigation Center participant rules or expectations.
vii. The Operator’s staff must assist all participants who may have difficulty understanding or reviewing the rules and participant responsibilities or participating in services . All participants shall receive services that are linguistically and culturally appropriate. viii. The recruitment and management of necessary service provider partnerships to provide the scope of work required to serve the participants.
ix. Participate in the Ventura County Homeless Management Information System (VCHMIS) and Coordinated Entry System (CES) to receive and send referrals for housing and services.
2. Service Provider Partners
The Operator may contract with third parties to provide services at the Navigation Center (“Service Provider Partners”). All Service Provider Partners who desire to offer direct services at the Navigation Center will be required to enter into a formal Memorandum of Understanding (MOU) with the Navigation Center Operator to participate.
Responsibilities of the Service Provider Partners will include, but are not limited to:
i. Agree to share service output and outcome information. ii. Submit referrals via VCHMIS by completing the eligibility assessment for each participant referred to the Navigation Center.
iii. Respect and cooperate with Navigation Center staff, other service providers , and participants.
3 iv. Participate in Navigation Center Advisory meetings and provide input to the improvement of the Navigation Center and service delivery.
v. Screen participants for eligibility (no sex offenses or felonies with open warrants will be allowed on-site).
vi. Coordinate with the Operator to schedule appointments with participants and reserve meeting rooms, as necessary.
vii. Provide participants access to transportation to fulfill their scheduled appointments, if needed.
viii. Adhere to housekeeping standards and schedule, and to keep their areas clean after usage.
SECTION III. NAVIGATION CENTER ADMINISTRATION
A. Description
The Navigation Center will serve as a full -service emergency shelter and navigation center. It is designed to provide safe shelter, basic needs, case management , and access to resources on an interim basis for the purpose of assisting individuals and households to quickly secure and move into suitable permanent housing and to achieve stability in that housing.
The Navigation Center will comprise of not less than twenty seven (27) interim living modules that accommodate thirty (30) occupants, with twenty four (24) individual units and three (3) double occupancy units for couples, with potential capacity for expansion to accommodate as many as fifty (50) occupants, along with wet areas (including common restrooms and restrooms adjoining certain units), common areas (including, ancillary dining, laundry and storage facilities for residents) and office and administration facilities for operation. .
1. Participant Eligibility
Those accessing the Navigation Center will include single individuals and couples age s 18 and older who are chronically or recently homeless.
i. A “participant” is eligible if the person meets the definition of “homeless” in Section 578.3 of Title 24 of the Code of Federal Regulations.
ii. Participants must be able to manage Activities of Daily Living (i.e., ability to transfer in and out of a bed, bathe, dress, and address hygiene needs independently).
Participants must not need hospitalization or skilled nursing care. iii. Each participant will be screened for sex offender and active felony warrant status before admission and prior to arrival at the facility. The Operator will work cooperatively with the Thousand Oaks Police Department and Ventura County Sheriff’s Department and will utilize http://ws.ocsd.org/ArrestWarrants to screen participants for open warrants.
2. Hours of Operation
The Navigation Center will operate 24 hours, 365 days per year. These hours of operation will be in effect seven days per week, every week regardless of holidays or weather.
4 3. Accessing the Navigation Center
The Navigation Center will operate by bed reservation only. N o walk -ins or bike -ins will be accepted. Participants will be expected to utilize the transportation options provided to them by the Operator. The no walk-up/bike- up policy will be posted and disseminated throughout the community.
The Operator will provide a bus/shuttle schedule with clear pick -up and drop- off times and locations. Participants should arrive at the designated bus /shuttle pick-up location or at the Navigation Center through their own transportation, and in accordance with the Transportation requirements in Section G. Those who do not arrive at the designated time without communicating previous arrangements will forfeit their bed for the night.
Participants will not be allowed to loiter in the neighborhood surrounding the facility or the bus/shuttle pick-up locations. There will be strict enforcement of participant contract rules which could result in permanent exit from the facility if not followed. Pick -up and Drop-off locations are an extension of the Navigation Center and thus any violation such as loitering constitutes a violation of the Navigation Center rules which will be strictly enforced. Operator/Security will conduct random daily checks of ½ mile radius to Navigation Center and drop-off/pick-up locations to enforce rules and avoid loitering.
4. Coordinated Entry System Integration
The Navigation Center will be integrated into the CE S and utilize the V CHMIS and expected to adhere to all standards set by the VC CoC. The Navigation Center Operator will include in its staffing plan designated staff to conduct diversion screening and prevent those with other resources from entering the homeless shelter system. A dditionally, staff will be trained to complete on -site vulnerability assessments and connect participants to the CES Pathways to Home for permanent housing placement. Case Managers will also assist Navigation Center participants in obtaining the necessary documentation to move forward in their housing connection process, once matched to permanent housing opportunities by the Coordinated Entry System.
5. Local Preference
The Operator’s plan for referrals and establishing intake procedures will include a local preference for accepting referrals from Thousand Oaks based nonprofit organizations, law enforcement, and Ventura County agencies. Operator must intake new referrals through the VCHMIS where a preference will be established for persons from the City of Thousand Oaks who are eligible Participants. Additionally, five of the beds will be designated for referrals from Thousand Oaks Police Department, Ventura County Sheriff’s Office and/or emergency personnel or for special situations. The Navigation Center Operator will track daily bed inventory and communicate daily bed vacancies with service providers and street outreach staff through the Coordinated Entry System.
5 6. Length of Enrollment
Consistent with national best practices and trends, t he primary objective is to exit participant s to long-term permanent housing as soon as possible. The total length of stay should be individually determined, based on participant need, with a goal of less than 90 days. However, progress and engagement towards housing goals must be documented and reviewed every 30 days for the participant to be eligible for an extension, and bearing in mind that total length of one continuous stay cannot exceed six months (City of Thousand Oaks Municipal Code Sec.9—4.2525.11 Emergency Shelters), unless the City determines in its sole and absolute discretion to modify this requirement or grant an exception.
i Navigation Center participants may receive extensions on their length of stay, if they meet the following criteria:
• Participant has been matched to housing but has not been able to identify a suitable unit or is still going through the application process with a permanent housing provider.
• Participant is currently working towards one or more goals established in the Housing and Services Plan but not yet connected to a housing resource. The Operator is expected to apply a Low Barrier approach when considering a participant's progress towards their goal(s).
ii Participants who do not engage in any activities that will help them progress towards achieving the goals outlined in their Housing and Services Plan, after the Operator has done due diligence to engage them in these activities, may be exited from the Navigation Center. Due diligence attempts to engage participants must be documented via case notes in VCHMIS and are defined by multiple contact efforts by phone, or email, or other means (if relevant).
6. Storage
All participants will have limited access to individual storage space to secure their private possessions while using the Navigation Center. A limited number of outdoor storage bins will also be available to participants through a reservation process. . Additionally, a refrigerated storage area will be available to participants with medication needs. Participants will be required to surrender contraband and weapons to the Operator staff or they will be denied entry.
7. Case Management and Housing Navigation
Upon entering the Navigation Center, each participant will be assigned to a Housing Navigator and Case Manager . The primary objective is to extend support to participants through individualized support that will ultimately translate to housing stability.
i
Housing Navigation and Case Management Services includes but are not limited to completing necessary assessments, providing assistance to obtain necessary documentation (e.g. California identification), providing linkage to services (e.g. health care, behavioral health services, substance use treatment, employment, and identifying transportation to those services), accompanying the participant to housing appointments and/or leasing appointments, and assisting with the move in process (including identifying
6 resources for basic furnishings, accessibility modifications, or other expenses), and providing encouragement for participant to access all services provided at the Navigation Center and any community referrals necessary.
ii The Operator must provide housing navigation, case management, and support services in accordance with competencies outlined in section II of this document. iii
To maintain the momentum of participants' progress towards obtaining permanent housing, the Operator must offer case management services to each participant at least two (2) times per month . The frequency of how often case management services is offered to each participant can be increased depending on need and availability. iv All content, outcomes, and efforts on behalf of the Operator to engage a participant in Housing Navigation and C ase M anagement services should be documented in VCHMIS as well as the response from the participant. Documentation may also include barriers encountered and the Operator’s attempts to circumvent barriers by enlisting community partner agencies or City or County staff, as appropriate. Documentation should follow all VC CoC requirements and be in a manner that is timely, succinct, objective, and factual.
v The Operator is recommended to maintain a staff ratio of approximately one (1) staff to every fifteen (15) participants for optimal service delivery.
Case Management c aseloads should be determined through consultation between line and supervisory staff while examining the level of acuity/need and the amount of contact that is needed to successfully engage the household.
8. Housing and Services Plan
Following intake and assessment, and w ithin two (2) business days of participant’s arrival , the Case Manager should work side-by-side with the participant to complete a Housing and Services Plan, which will guide their efforts toward securing permanent housing opportunities. Case Managers will assist participants in obtaining the necessary documentation to move forward in their housing connection process and match to permanent housing opportunities through the Coordinated Entry System. However, this will not be their only housing plan option. The case manager will continue to assist participant to either self -resolve their housing or to seek other housing and treatment opportunities, on an individualized basis.
i. Progress and engagement towards housing goals must be documented and reviewed every thirty (30) days. Participant’s engagement in this review process is required to be eligible for an extension to stay at the Navigation Center of an additional thirty (30) days. If a participant’s stay exceeds ninety (90) days, intensified housing location and exit plan strategies will be implemented. No extension will be provided that results in a total length of stay that exceeds six (6) months, unless specifically authorized by the City in writing.
7 B. Navigation Center Services and Activities
1. Baseline Services
The Navigation Center shall incorporate a combination of basic needs services as well as supportive services aimed at creating pathways into housing and self -sufficiency. Navigation Center services will be provided either directly by Hope the Mission or through service provider partnership arrangements, in consultation with the City. Each participant must be individually assessed for the types of services needed. At a minimum, the Navigation Center shall include the following baseline services (in ranked priority):
i. Twenty-four (24) hour bed availability
ii. Intake and Assessment
iii. Housing Navigation (for participants not receiving Housing Navigation services from another provider)
iv. Case Management (if participants are receiving Housing Navigation services from an external provider, Navigation Center Case Managers must continue to provide additional Housing-Focused Case Management services to support and augment Housing Navigation services, to coordinate and facilitate housing placement)
v. Residential Supervision
vi. Crisis Evaluation – Behavioral Health
vii. Crisis Intervention & Conflict Resolution
viii. Victim Services with Trauma Informed Care (refer to victim service providers)* ix. Security
x. Meals/ Food
xi. Restrooms & Shower Facilitie
xii. Laundry Facilities & Hygiene Items such as soap, etc. xiii. Transportation Assistance
xiv. Health Clinic (connect to the County Health Care Agency and Medi-Cal Benefits) xv. Storage
xvi. Computers for email and Benefits/Employment Services xvii. Life skills
xviii. Parking
xix. Homeless Prevention/ Diversion Assistance
xx. Substance Use Treatment (on/off site)
xxi. Behavioral Health Treatment (on/off site)
xxii. Employment/ Job Placement
xxiii. Pet Kennel and Services
xxiv. Recreational Activities
xxv. Information and Referral Services
xxvi. Clothing Donation and Distribution
xxvii. Electronic Charging Stations
xxviii. Access to Phones which participants can use
8 * For participants who identify as fleeing domestic violence, stalking, sexual assault, or other form of interpersonal violence, the Operator must follow VC CoC Written Standards for HUD CoC and ESG and must offer a connection to a victim service provider at a confidential location to ensure the safety and wellbeing of the participant. The term `victim service provider' means an organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking. This includes Interface Children and Family Services, the Family Justice Center, or the Coalition for Family Harmony in Ventura County.
2. Daytime Activities
As a 24-hour Navigation Center, the Operator will encourage all participants to stay on-site during the day and to take advantage of the on-site services provided to them. Daytime activities include but are not limited to, the following:
• Full access to daytime services provided by the O perator and service provider partners through appointments made at the Navigation center.
• Life skills classes and workshops.
• Indoor and outdoor recreational activities including exercise classes and designated outdoor spaces.
• Access to onsite computer lab and study area.
Participants may use the bus/ shuttle provided by the Operator or their personal vehicles if they desire to leave the facility during the day for work or personal appointments.
The Operator must allow for in and out access of the Navigation Center between 6:00 AM and 10:00 PM and accommodate access for anyone who may have employment or other important scheduling needs outside of designated bus/shuttle times.
3. Daily Schedule
Recommended daily schedule:
5:00 AM Early Wake Up Call
5:30 AM-8:00 AM Breakfast served
6:00AM First bus/shuttle for morning drop-offs
7:00 AM Second Wake Up Call
8:00AM-8:00PM Navigation Center Open
8:00 AM-10:00 PM Commons Area open
8:00 AM-7:00 PM Recreation Room open
8:00 AM- 10:00 PM Pet Kennel and Dog Park/Run open
10:00 AM Second (final) bus/shuttle for morning drop-offs
9 10:00 AM- 4:00 PM Computer/Technology Lab open (by appt only) 11:00 AM-1:00 PM Lunch served
3:00 PM-4:00 PM Snack served
4:00PM First bus/shuttle for evening pick- ups
6:00 PM-9:00 PM Dinner served
7:00 PM Second bus/shuttle for evening pick- ups
10:00 PM – 8:00 AM Quiet Hours
4. Services for Participants
Access to the services offered at the Navigation Center will be limited to participant s of the Navigation Center.
C. Bed Reservation, Intake, Exit, Re-Enrollment, Overflow Management, and Participant Records
The Operator must develop and adhere to written policies and procedures for Bed Reservation, Intake, Exit, Re-Enrollment Overflow Management, and Participant Records that follow VC CoC guidance, including the Written Standards for HUD CoC and ESG and the HMIS CES Entry, Assessment, Referral and Exit, as well as incorporate the following.
1. Bed Reservation
i. The Operator will work with County and City to identify the Bed Reservation process utilizing the Coordinated Entry System and VCHMIS where a preference will be established for persons from the City of Thousand Oaks based upon their unsheltered status and where five of the beds will be designated for referrals from Thousand Oaks Police Department, Ventura County Sheriff’s Office and/or emergency personnel or for special situations. (see section III.A.5, local preference).
ii. The Bed Reservation process must be clearly communicated to the community and service provider partners and minimize neighborhood impact.
iii. Prospective Participants will be screened for Navigation Center Participant Eligibility (section 2.3.1 of this document), as well as diversion, utilizing the Coordinated Entry System’s Vulnerability Assessment Tool . If they have an alternate, habitable location where they may stay, they will be diverted from occupying a Navigation Center bed until their resources have been exhausted.
iv. The Operator will arrange transportation and ensure the bus/shuttle only transports prescreened, eligible participants to the Navigation Center site. v. The Bed Reservation policy should outline a process for identifying and tracking “excused” versus “unexcused” absence to avoid unnecessary exits. vi. The Operator to manage and update daily, the Navigation Center bed reservations and vacancy. Bed vacancies will be disseminated daily to Coordinated System Entry service
10 providers, street outreach staff, and other designated referral partners to ensure that bed utilization is maximized each evening.
2. Intake
i. The Operator must allow for intake of new participants to be completed throughout the week and as needed on weekends to ensure the site is at full capacity at all times . To the extent reasonably possible, Navigation Center intakes will be completed Monday - Friday during normal business hours to ensure a case manager is onsite to provide support.
Efforts will be made to accommodate same -day intake appointment requests, especially from local law enforcement.
ii. The Intake policy should identify any security screening processes and participant rules and regulations, as well as a checklist of required paperwork and documentation. The Operator must use a low barrier approach . If the participant does not have the required documentation upon entry, the Operator must assist the participant to obtain. iii. All participants will receive a Navigation Center-specific identification card upon entering the Navigation Center that will be used for readmission during the duration of their stay.
Navigation Center ID components include a photograph, name and other identifying information.
iv. Copies of the signed forms are expected to be uploaded to participant VCHMIS accounts within 48 hours of intake, including the participant’s VCHMIS Release of Information (ROI). During intake, the participant is assigned a unit and given a tour of the site. v. The Operator will conduct a health screening within 24 hours of new participant’s arrival and enter a service transaction for screening into HMIS.
3. Exit and Re-Enrollment
i. The Operator will establish expectations for lengths of stay and eligibility for extensions, as well as when participants should otherwise be exited from the Navigation Center and when they can be re-enrolled (e.g., not utilizing a unit; hospitalization, incarceration, safety violations, or programmatic violations).
ii. The Operator will make every good-faith effort to move participant out of the Navigation Center and into a permanent housing opportunity as quickly as possible.
When possible,
the Operator should avoid discharging participants directly to the streets or places not meant for human habitation and instead attempt to facilitate a transition to another interim housing program. When a participant has been successfully linked to another interim housing program, the Operator should provide the necessary support to ensure a successful transition.
iii. All exits should be evaluated by the Operator’s Program Manager, or their designee before final exit notices are given to participants. It is recommended to have an exit checklist that can provide credibility to the exit procedure and ensure that the exits are supported by objective facts.
iv. The Operator must exit the participant from enrollment in the Navigation Center when the following conditions are met:
a. Participant is successfully placed in permanent housing. b. Participant relocates or reunifies with family and self -resolves their housing situation.
11 c. Participant enrolls in another interim housing program (crisis, bridge, recuperative care, treatment, etc.) or transitional housing program. d. Participant is deemed a risk to the safety of the Operator’s staff or other participants. e. Participant will be hospitalized or incarcerated for seven (7) consecutive days or more.
f. Participants who miss check-in for three (3) consecutive bed nights with unexcused absence (that is, upon missing check-in for the third night in a row). v. The Operator must not exit a participant for the following reasons:
a. For missing check-in for two (2) consecutive nights with unexcused absence. b. Active substance use issues.
c. Active health or behavioral health issues.
d. Failure to have an income.
e. Failure to abide by personal budget.
f. Medication non-compliance.
g. Or generally considered “difficult to work with”.
vi. On expiration of the Participant agreement, the maximum stay allowed, or other termination, participant must immediately move out. Participants are “participants” as defined under Health and Safety Code Section 50582 and do not have right of tenancy under California Law.
vii. The Operator shall make effort to complete an exit interview with participants to document their destination, contact information, housing type (including whether exit is to homelessness), and referrals or linkages to other services. If the Operator is unable to complete an exit interview with participant prior to exit, staff will enter and Exit Case Note in HMIS explaining the circumstances of departure and resources available for participant in the event they return seeking services.
viii. Exit information shall be entered into VCHMIS within 24 hours of the participant’s exit and in accordance with VC CoC requirements.
Rule Violations and Infractions
i. The Operator should be balanced in their approach to exits and readmission policies, as it pertains to rule violations and infractions. Such policies include considerations to maintain a safe and effective facility; safety for participants, volunteers, staff and the surrounding neighborhood; as well as demonstrate compassion toward individuals experiencing homelessness who face increasingly vulnerable situations if forced to exit from a shelter situation to places not suitable for human habitation.
ii. It is recommended that violations and infractions be subdivided in a multi -tiered system based on the perceived impact of the infraction on the Navigation Center and other participants. Consequences for each tier level should be fitting and just for the level of the infraction and its perceived impact on the wellbeing of the Navigation Center and fairly implemented for all participants.
a. As an example, a Tier 1 level may include “Basic Navigation Center Guideline Infractions” such as smoking in unpermitted areas (including inside the unit), cutting in line, etc. Tier 2 may include “Moderate Infractions” such as possessing marijuana or alcohol on site, participant fighting (minor scuffles), disrespect toward staff/volunteers, etc.
12 b. For disobedience of rules in Tier 1 or Tier 2 there will be increasing enforcement actions including verbal warnings and write -ups. After a compounded number of infractions in these tier levels, a participant may be asked to leave, and staff will determine and give them the designated timeline for which they can be readmitted. c. Infractions at the Tier 3 level would be “Major Infractions” that include illegal drug use or possession, violent attacks/fights, possession of weapons, etc. The Operator shall maintain a zero -tolerance policy towards criminal activity including but not limited to: violence and/or sexual misconduct, as well as drugs and medications used or possessed beyond the scope permitted in the “Health Polices” or by law.
These behaviors, when substantiated, are punishable by immediate exit upon the first offense.
d. Participants who use the facility and services in violation of a specific rule will be obliged to adhere to those consequences. The consequences may also be subject to intervention by law enforcement, and if necessary, prosecution up to the limit of the law.
iii. When a participant is asked to exit due to violation of rules, violence, or criminal activity, the Operator will escort the person off the property with the support of security personnel and those exited will be transported to a self -directed location within a ½ mile radius outside the Navigation Center, but with the City of Thousand Oaks.
Re-enrollment
i. The Operator must have a policy about how to manage the return of participants who are exited, including those exited due to concerns about the safety of other participants or staff created by the exited participant and in compliance to the VC CoC Standard of Care. When there are circumstances that might impact the safety of the Operator staff as well as other participants, a meeting shall be held between all parties to evaluate the suitability of a participant for re-enrollment to the Navigation Center. ii.
The Operator should re -enroll participants that have been exited due to unapproved absences, if a bed is available.
iii. If a participant exits due to either a medical, mental health or substance abuse recovery opportunity, the Operator staff may hold their bed up to seven ( 7) days after which time their bed will be released for new participant intakes. If the participant is gone from the Navigation Center for a longer period, due to their medical, behavioral health and/or substance abuse needs, they are eligible for reentry if they wish to return to the Navigation Center after a successful exit from the medical, mental health and/or substance abuse program. The participant will be placed at the top of the interest list and placed in an Outreach or PD reserved bed when available.
4. Overflow Management
The Bed Reservation process should be designed to prevent and minimize overflow and capacity issues at the Navigation Center. A daily bed utilization count will ensure that the bed capacity will be fulfilled each evening, as need for beds persist. In the event the bed capacity of the Navigation Center is reached a plan will be implemented that includes coordination of the following diversion and redirection strategies:
13 i Homeless Diversion - The Operator will include homeless diversion screening at intake to ensure that those with alternative resources will not be accessing the homeless system. The Operator will either provide themselves or partner with an agency that can offer successful diversion assistance.
ii Coordination with Transitional and Bridge Housing providers - The Operator will work with service providers with Transitional and/or Bridge Housing vacancies. This form of housing will be utilized by returning participants who have been matched with a hous ing opportunity and will soon move into permanent housing. This strategy will increase the Navigation Center bed turnover rate as participants are successfully matched to alternate housing opportunities.
iii Coordination with other Navigation Center providers - The Operator will partner with other emergency shelter providers to redirect overflow to any additional shelter beds that may be available in the county.
D. Participant Records and Master File
i. The Operator will actively participate in the Ventura County Coordinated Entry S ystem, Pathways to Home and enter all participants into the VCHMIS and maintain participant records in compliance with all VC CoC standards and requirements. ii. The Operator will keep participant records and case notes in both hard copy paper files and in the VCHMIS database.
iii. The Operator will ensure policies of confidentiality are followed by all staff, contractors, and volunteers (see also section N). The Operator shall have a policy restricting computer access records and participant information to authorized staff. All database and HMIS access will require passwords by authorized users. Paper files will be stored in a secure, locked location only accessible by necessary staff.
iv. The Operator must maintain a file for each participant that contains the following, but not limited to:
Document Guidance
Participant Identification Required – see VC CoC standards Participant Guideline Agreement Form Operator created form. Must be dated and signed by participant and Operator.
Grievance Procedure Acknowledgement Form Operator created form. Must be dated and signed by participant and Operator.
VC CoC-approved CES Triage Tool/ Survey
If completed during intake (or print the
“Client Summary Report” from VCHMIS if a
CES survey result is provided)
VC CoC Homeless Certification Form and/or
required institutional documentation Required – see VC CoC standards Income Verification Forms
Third party verification preferred, e.g., DPSS
Verification of Benefits, Social Security
award letters, pay stubs, and bank statements.
Self-Declaration of Income acceptable. See
VC CoC standards
Housing Service Plan Required
14 Budget Tool Optional, use as needed
Case Notes Required
Incident Reports, Notices Served to Participant Required if applicable; document in HMIS case notes as well
Exit Summary Form, including Reunification
Certification Form and Transportation Assistance
Request Form as appropriate
Required
HMIS Consent forms Required
TB Test/ Acknowledgement Required
Participant’s Rights and Responsibilities
Acknowledgment
Operator created form. Must be dated and
signed by participant and Operator.
Code of Conduct Operator created form. Must be dated and signed by participant and Operator.
Pets and Services Animal Agreement (if
applicable)
Operator created form. Must be dated and
signed by participant and Operator.
Mail Service Agreement (if applicable) Operator created form. Must be dated and signed by participant and Operator.
Medication Storage Agreement (if applicable) Operator created form. Must be dated and signed by participant and Operator.
1. Participant Guidelines
The Operator must incorporate as part of their services, a set of participation guidelines that serve as protocols for ensuring the safety and security of participants, as well as program staff. i Participation guidelines must incorporate language to support the competencies outlined in section II of this document, including a Low-Barrier and Harm Reduction approach.
ii. Participation guidelines must be participant-centered to minimize barriers to accessing a Navigation Center bed and also prevent/minimize exits due to Rule violations.
iii. Participation guidelines should address safety and security concerns, and any agency policy and procedure for search and seizure of property (search and confiscation of weapons and other contraband).
iv. Participation guidelines should also identify transportation and parking requirements (and when participant vehicles may be subject to towing at owner’s expense), as well as enforcement of rules within ½ mile radius to Navigation Center and bus/shuttle drop-off/pick-up locations.
v. Participation guidelines should clearly state that the Operator and/or Service Provider partners are not responsible for lost or stolen items.
vi. Participation guidelines must be made available to County and City staff upon request and will be subject to review and approval.
vii. The Operator must create a Participation Guideline Agreement form. viii. The Operator must review the form with the participant upon enrollment. The form must include a participant consent section that is signed and dated by the
15 participant with a witness signature and dated to be signed by the Operator. Upon signature of the Participation Guideline Agreement, the participant is consenting to participate in the Navigation Center and is certifying that they have read (or have been read) the participation guidelines, and that they understand and consent to the expectations regarding abiding by the guidelines.
E. Performance and Reporting
Every effort shall be put forth to make homelessness rare, brief, and non-recurring. To this end, performance will be key. Performance measures for the Navigation Center will adhere to guidelines and expectations set forth by the U.S. Department of Housing and Urban Development’s HEARTH Act, the VC CoC, as well as any performance measures required by Navigation Center funding that may be identified now or in the future. The Navigation Center should not be regarded as a singular program but should provide support to the entire VC CoC helping to move the system towards higher a level of system performance, a reduction in the number of persons who experience homelessness in our community, and an increase in access to housing opportunities for chronically homeless individuals utilizing the Navigation Center services. Indicators for measuring effective system performance should include the following key considerations:
• Reduction in Clients Experiencing Homelessness for the First Time:
Are fewer people experiencing homelessness for the first-time? Are only persons who have no safe, appropriate housing option being admitted to shelter? • Overall Reduction in Number of Persons Who Experience Homelessness:
Are overall rates of homelessness declining? Is street homelessness declining? Is chronic homelessness declining?
• Reduction in the Length of Time Persons Experience Homelessness:
Do people stay homeless for shorter periods of time? A reasonably short length of time homeless indicates system and program success in rapidly re -housing persons who are homeless. It can also indicate efficiency related to turnover of beds which is essent ial to meet system demand for Navigation Center.
• Successful Resolution of Housing/Homeless Crisis:
Do people resolve their housing/homeless crisis successfully by maintaining/obtaining permanent housing? Are people successfully connected to community-based supports? • Reduction in Recidivism (subsequent return to homelessness):
Are repeat occurrences of homelessness avoided or declining?
1. Expected Metrics and Performance Outcomes
Operator shall maintain and report on the following minimum metrics i. Number of participants served
ii. Number ineligible/ declined
iii. Number of days in emergency shelter for each participant iv. Numbers of participants exiting to permanent housing v. Numbers of participants exiting to other acceptable exits (treatment, transitional housing as appropriate)
16 vi. Numbers of participants with an increase in income, including disability income and other public benefits (Navigation Center services will initiate services related to income stability that will continue in permanent housing)
vii. Number of participants who return to homelessness within 12 months viii. Outreach and service path data at the anonymized, individual level ix. Current housing status of participants served in aggregate x. Continued confirmation that this data I populated timely into HMIS and using appropriate codes, as required by funding sources.
Operator shall exercise reasonable diligence to achieve the following Performance Outcomes i Maintain a Daily Occupancy rate at the Navigation Center of seventy percent (70%) of the total available bed capacity.
ii The Navigation Center will have twenty-seven (27) individual units and serve up to thirty (30) participants (at one time, with a minimum of twenty-seven (27) beds; twenty four (24) single occupancy units and three (3) units for couples). iii Reduce the overall number of individuals experiencing homelessness within the City of Thousand Oaks.
iv Connect seventy-five percent ( 75%) of the Navigation Center participants with stable housing or “positive” exits to other acceptable living arrangements such as residential treatment, transitional housing, or reuniting with relative. v Increase each participant’s income as appropriate, including disability income or other public benefits.
vi The length of stay goal is thirty (30) days from the date of intake, which may be extended on a case-by-case basis, in conjunction with verified housing plans. The maximum length of stay of six (6) months (City of Thousand Oaks Municipal Code Sec.9 —4.2525.e.11), unless specifically authorized by the City in writing.
2. Reporting
i Navigation Center Metrics and Outcomes shall be reported quarterly to County and City staff and shared at a minimum annually with the respective Board of Supervisors/City Council(s). Reports shall be submitted on a form approved by the City and include all information reasonably required by the City. Operator shall provide data in a manner consistent with state and federal law, and the VCHMIS.
ii Comply with conditions and requirements and submit required data related to current or future funding sources to fund the operations of the Navigation Center, including but not limited to City, County, State, or Federal funding sources.
17 F. Good Neighbor Policy
This Good Neighbor Policy sets forth minimum guidelines aimed at supporting an amicable relationship between the Navigation Center and surrounding community. It helps identify ways for the Navigation Center Operator to proactively work together with the community stakeholders to build community trust and strengthen the dialogue between residents, businesses, and service providers.
1. Communication and Coordination with Neighborhood, Businesses and Public The Operator should be committed to communication with neighbors on an ongoing basis. As part of this commitment, prior to commencement of any services at the Navigation Center, the Operator will facilitate community outreach efforts to ensure ongoing communication and proactive responses to any issues . These community outreach efforts will provide opportunities to answer any questions members of the surrounding community might have on the operation of the Navigation Center . The Operator will provide information to the public including operational design plans, estimated date to begin and complete construction efforts on the project, operational components, programmatic outcomes, and engage in dialogue about any proposed changes to the Navigation Center that may have a real or perceived community impact.
A public inquiry phone number and contact information will also be posted. Community stakeholders may call this number for information about the site or to have any questions answered.
The phone number will be retained as a resource for community members w hile the Navigation Center is up and operational. All community complaints and/or inquiries about the Navigation Center will be recorded and forwarded to the appropriate staff for prompt investigation. The Operator will be fully committed to an appropriate customer service response and will consider the resolution of community complaints a high priority.
The Operator will also create and maintain a website that will include important information about the Navigation Center for community stakeholders and participants alike. The website will include a “Frequently Asked Questions” section which will help to provide instant answers to community concerns. Additionally, the website will include a digital copy of the Operator’s full “Good Neighbor Policy” and “Management, Operations, and Safety Plan Policies and Procedures” to be made accessible to the public.
Visits by members of the community and tours of the facility will be available by scheduling an appointment with Operator Staff.
The Operator will have Navigation Center brochures available on-site as well as disseminate these resources to groups throughout the community. Information on the brochures will highlight the various services at the facility as well as criteria for admission and eligibility. Volunteer, in -kind, and donation opportunities will also be listed for those who wish to support the Navigation Center.
The Operator will create a set of media guidelines and appoint a Public Relations team to handle all media requests. The Public Relations team will be charged with ensuring that the public is regularly updated on the progress and successes of the Navigation Center through various local media outlets.
18 2. Communication and Coordination with Local Police and Fire Departments The Operator shall be committed to communicating and working collaboratively with local police and fire departments through all stages of program matic implementation from facility design to program execution. The operator will ensure that staff and security are trained to properly manage and respond to an array of difficult situations that may occur at Navigation Center, and use proper judgement to contact police and / or fire and paramedics to address health and safety issues.
The Operator will provide an array of services and support that will be beneficial to local police and fire departments. These services include, but will not be limited, to:
• Security Officers stationed on-site.
• On-site clinic facilities to respond to medical needs of the participants. • Creation of an on-site police substation, if desired. • Designated beds reserved each night for referrals from law enforcement and/or emergency personnel or for special situations.
• The Operator Staff Neighborhood Patrol will monitor surrounding area to control issues of loitering, abandoned property, and other blight.
• Training opportunities on mental illness, homeless sensitivity, or other topics of interest to supplement existing trainings and VC CoC provider trainings. • Direct referral access to the Coordinated Entry System to assist local law enforcement officers to connect homeless individuals with housing opportunities. • Statistical reports on number of participant s served, length of stay and/or demographic information.
Additionally, the Operator will meet with City, County, and local law enforcement. Initially, it is suggested to meet once a month for at least three (3) months from when the Navigation Center opens, then quarterly, as needed. Law enforcement will have the ability to bring forward the Operator’s non-performance directly to the City and County.
3. Communication and Coordination with City, County, and Service Providers The operation of the Navigation Center will be for the public good and will be an integral element for the homeless Continuum of Care system. As such successful implementation of the Navigation Center will require the partnership of various stakeholders including the City, County, and other Service Providers. In order to effectively manage and operate a robust Navigation Center that provides an array of services, the Operator must demonstrate strong collaboration and willingness to engage other service providers. To accomplish this, the Operator will:
• Collaborate, coordinate, and maintain partnerships with other service providers, community, and government agencies in order to enhance and maximize available resources for participants.
• Work in partnership with the VC CoC provider network to coordinate a smooth transition between interim and permanent housing.
• Establish and maintain effective working relationships with employment programs and education/career centers.
• Partner with other key stakeholders and establish MOUs as necessary and appropriate.
19 • Participate in regional meetings including VC CoC meetings, Pathways to Home case conferencing, and any other City or County stakeholder group, as identified. • Participate in the annual Homeless Point in Time Count. • Be responsive to and provide support to the County and City as needed, in relation to the outcomes and operation of the Navigation Center.
4. Policies for Community Involvement
The Operator shall be committed to active participation in city and county-wide community events.
To the extent reasonable and feasible representatives of the Operator will attend meetings of local Neighborhood Association(s) and local Chamber of Commerce(s) when invited and communicate with neighborhood and business participants.
Additionally, the Operator may sponsor or attend special events, such as community resource fairs, which will include the broader community.
5. Policies for Neighborhood Patrol
A Neighborhood Patrol led by the Operator staff will assemble to monitor the radius around the Navigation Center perimeter. The minimum patrol radius and minimum number of weekly patrols shall be determined in collaboration with the City , County, and law enforcement . Individuals on the patrols shall wear clothing that identifies them as Operator staff.
The role of this patrol group is to collect litter, promote cleanliness, engage with neighbors, and enhance safety and cleanliness of the immediate vicinity.
Additionally, the goal is to prevent and control issues of loitering, unauthorized parking of participant vehicles in the neighborhood, abandoned property, shopping carts and other blight. A log will be kept of all the patrols. The following actions will be completed by the Neighborhood Patrol:
• All litter and trash items will be removed from the area and properly disposed of. • Participants found loitering will be issued a warning. Violations of this rule may cause a participant to be exited from the facility.
• Monitor for unauthorized parking of participant vehicles in the neighborhood that may be subject to the Navigation Center policies, including towing. • The Operator will contact C ity designated shopping cart retrieval program to collect all shopping carts found that do not contain items of personal property. • The Operator will follow city codes for removing personal property found in surrounding area.
• The Operator will have staff conduct outreach and engagement activities , in collaboration with service partners and law enforcement, as needed, to the surrounding community areas to ensure anyone experiencing homeless can be screened for the Navigation Center or other program referrals.
20 6. Navigation Center Advisory Board
Advisory Composition
The Operator will establish a Navigation Center Advisory Board (“Advisory Board”) composed of key stakeholders with the intent to:
a. Regularly review the operations of the City of Thousand Oaks Navigation Center. b. Enhance community relations between the Navigation Center and the public. c. Address concerns of local community members, businesses, City, County and partner services providers pertaining to the operation of the City of Thousand Oaks Navigation Center.
The Advisory Board will include, at minimum:
a. Navigation Center Operator Manager
b. County of Ventura Representative (s)
c. City of Thousand Oaks representative (s)
d. City of Thousand Oaks Police Department Vulnerable Populations Officer(s) or other representative(s)
e. Two representatives from adjacent business community f. Two representatives from the adjacent residential community g. Service Provider Representative(s)
Meeting Schedule
The Advisory Board will meet quarterly . The Operator staff will schedule and coordinate the meetings.
Accountability and Grievance Process and Policies
In addition to providing input to the operation of the Navigation Center, the Advisory Board is also tasked with the ongoing review of the Management, Operations, and Public Safety Policies and Procedures , the Operator’s written operations manual and any other adopted policies and procedures, as well as working with the City, County, and the Operator to evaluate and refine for improve outcomes.
G. Transportation Policies
The Operator must develop and adhere to written policies and procedures for transportation that are designed to support participant needs and minimize potential impact on the adjacent residential neighborhood and businesses, while incorporating the following.
1. Transportation Flow On and Off Property
i The Navigation Center shall operate on a no walk-up / no bike-up model. ii New participants and returning participants will receive direct transportation to and from the Navigation Center daily.
21 iii Bus/shuttle locations will be selected in collaboration with the C ounty, City and law enforcement. The Operator will not drop-off/pick-up other than at agreed upon locations. iv The Operator will create a plan for safe and effective flow of traffic on and off the property based on the schematics of the property and surrounding neighborhood. Considerations should include provisions for pedestrian, bicycle, personal transportation and bus and shuttle services.
v The Operator shall have a reasonable accommodations policy for considering transit needs of participants.
2. Pedestrian and Bicycle Traffic
i Participants will be expected to utilize the transportation options that will be provided to them by the Operator.
ii The Operator will post and disseminate the no walk-up/bike- up policy throughout the community.
iii Any individual that does walk- up or bike -up will receive information on how to make a bed reservation, set -up appointments with the Navigation Center, and be provided transportation to a self -directed location out of the surrounding area to return only whe n the established reservation protocol has been followed.
3. Bicycle Parking
i A bicycle rack will be provided in a secured outdoor area (City of Thousand Oaks Municipal Code Section 9-4.2525(b)).
ii Participants are allowed one bike per person and are not allowed to store spare bike parts unless they fit in the outdoor bin or assigned unit.
iii Bus/shuttle transportation vehicles will be designed to transport bicycles to mitigate foot traffic to the facility. Participants with bicycles must use the bicycle racks on the shuttle /bus and allow drivers to secure them.
4. Bus and Shuttle Transportation Services
i The number of Operator -provided bus/shuttle trips shall be determined in collaboration with the City and County. There shall be consistent morning and afternoon/evening bus/shuttle times that meet the reasonable needs of participants in accordance with a schedule approved by the City.
ii Designated pick-up and drop-off locations and times will be selected in collaboration with the County, City, and local law enforcement. The Operator will not drop-off/pick-up other than at agreed upon locations.
iii Daily bus/shuttle will be provided to transport all screened participants. The Operator will ensure only pre -screened participants with bed reservations receive transportation to the site.
iv The Operator/Security will also conduct random daily checks of ½ mile radius to the Navigation Center and drop-off/pick-up locations to enforce Navigation Center rules and avoid loitering and homeless congregations.
v To avoid long term loitering at the bus/shuttle pick-up areas, participants may arrive at the bus/shuttle stop fifteen (15) minutes before the bus/shuttle departure time.
22 vi Drop-off/pick-up locations are an extension of the Navigation Center and thus any violation such as loitering constitutes a violation of the Navigation Center rules which will be strictly enforced.
vii Prospective new participants must be present at designated pick -up location and time, or risk forfeiting their bed.
5. Personal Vehicle Transportation and Parking
i. The Navigation Center parking lot will be available to the Operator staff. Volunteers, vendors, and community visitors may also park their vehicles in Navigation Center lot while at the facility. Per City of Thousand Oaks Municipal Code Section 9-4.2525(a), one off-street automobile parking space shall be provided per staff person during the largest shift, plus 1/5 of a parking space for each resident.
ii. Participant vehicles may be parked on Navigation Center property at the owner’s risk and liability, only in designated areas once the vehicle is registered with the program. Vehicles of participants eligible to park in the Navigation Center lot will be lis ted on the Vehicle Parking Form by license plate and participant name. Vehicles in lot overnight must be registered on this log each night. Security staff will include the parking lot during security rotations.
iii. All vehicles, including bicycles, must be operable. Abandoned or inoperable vehicles will be subject to tow at the owner’s expense. Additionally, the Operator may contact the police department to tow any vehicle found parked in undesignated areas outside the Navigation Center in the surrounding neighborhoods, as part of the Good Neighbor Policy, and the participant agreement signed at intake.
iv. The Operator will inform participants at intake that personal vehicles parked in the nearby neighborhood will be subject to towing at the owner’s expense. v. The Operator will ensure signs for designated participant vehicle parking and tow warnings are clearly and appropriately posted.
6. Staff Transportation of Participants
i. The Operator staff, including any other agents or employees, including volunteers, shall not be permitted to transport participants under any circumstances in their personal vehicles. Only designated staff in Operator owned/operated or contracted vehicles may transport participants.
7. Delivery of Goods and Community Donations
ii. Deliveries for Navigation Center goods and community donations will be dropped off in a designated area. The planned location for these designated drop- offs should take into consideration pedestrian, bike, and other vehicle traffic routes to minimize safety risks and impact to the Navigation Center site and surrounding area. iii. All deliveries of goods and/or donations will occur during normal business hours of 8:00am – 5:00pm.
23 8. Day Leave and Returning Participants
i. Participants may leave the Navigation Center during the day for employment or personal appointments.
ii. The Operator will have clear policy and procedure that is communicated to participants regarding how to leave and return. Policy should identify the designated time and locations of all buses/shuttles available to participants, required steps participants must take to save their bed reservation, and procedure for communicating special circumstances such as employment or discharge from the hospital, etc. iii. Participants who are unable to meet the evening shuttle (s) must arrange alternate transportation to the site, no later pickups will be provided.
H. Food Policies
The Operator must develop and adhere to clear written policies and procedures for food/ meals that incorporate the following.
1. Provision of Nutritional Needs of Participants
i The Operator will provide participants with three (3) meals per day for each individual, including at least two hot meals and meal options that reasonably accommodate special dietary needs. The Operator will ensure that meals will be nutritious and balanced. ii Participants will have access to water at all times, and when possible additional snacks will be provided for those who were not present during mealtime. iii The Operator may include in its in- kind donation strategies, opportunities for food donations and partnerships with local food banks.
2. Meeting the Health Department Standards
i The Navigation Center does not have an onsite kitchen suitable for meal preparation, so meals will be prepared at an approved off -site kitchen facility or through a third-party vendor.
ii The Operator and all kitchen staff will meet all Ventura County Environmental Health standards. Inspections will be completed by the Ventura County Public Health Department and Ventura County Environmental Health Department as appropriate. The appropriate certificates and approvals by the County will be posted in the Kitchen area of the facility.
All cook staff will be required to have completed the ServSafe Food Handler Program.
3. Provisions for the Sanitary Storage and Preparation of Food i The Operator will have adequate space for storage of dry foods, refrigerated foods, frozen foods, and supplies.
ii The Operator will provide extra refrigeration and freezer appliances as needed to supplement safe storage of food, if space is available. iii Separate refrigerator/ freezer space should be available for participant medications.
24 iv Current certificates of food handling safety will be posted in the kitchen area and in the employee file for each cook. Cooks and volunteers assisting them must follow the procedures of the Ventura County Environmental Health Department as taught in the ServSafe Food Handler Program. All volunteers will be supervised by a cook employee.
Other employees will only be allowed in kitchen area under supervision of cook. v All storage areas will be cleaned on a planned schedule and outdated food will be disposed of. There will be a rotation schedule for storage and use of food in freezer, refrigerator, and dry goods pantry that maximizes use of food so that it does not become outdated.
I. Safety Policies
The Operator must develop and adhere to clear written policies and procedures for safety that incorporate the following.
1. Facility Maintenance
i The Operator will keep a schedule for regular facility maintenance and cleaning. ii The Operator is responsible for Navigation Center maintenance and will rotate regular maintenance duties and inspections for minor repairs and replacements. Maintenance and cleaning forms should be used to track completion of each task and reviewed on a regular basis.
iii The outside grounds and landscape will be incorporated into the maintenance schedule and rotation including cleaning of parking lot, watering of plants, maintenance and cleaning of sidewalks and patio areas, including tables and chairs, and checking of outside lights and furnishings. The facility’s outside spaces, parking lot, and green areas will be cleaned daily from debris and litter.
iv Graffiti will be removed within 24 hours.
v The Operator will have a procedure to address the need for repairs, including minor, major, and emergency repairs.
vi The Operator will be committed to maintaining a pest free environment throughout the premises. All staff will receive appropriate training for the identification of common pests as well as prevention and control measures. A Pest Control company will be contracted by the Operator and will come regularly to spray for bugs, check for infestation of pests, and perform other pest prevention or extermination treatments that will be seen on their visits or reported by staff.
vii The Operator should include procedures for emptying trash, appropriate locations to consume food, and for conducting inspections of participant spaces and storage bins for items that would attract pests.
2. Emergency, Incident, or Natural Disaster Safety
Procedure for Contacting Emergency Services
i The intention of the Operator should be to act as self -sufficiently as possible and ensure that public safety resources are deployed only when necessary. This includes ensuring that
25 the Operator staff and security will be trained to properly manage and respond to an array of difficult situations that may occur at the Navigation Center. ii The Operator will establish procedures that outline for staff how and when to contact emergency services, including 9-1- 1, police, and fire for conflict resolution, trespassing, theft, unruly behaviors, loitering around property, behavioral health evaluation, emergencies, etc. All Operator staff and security will be trained in these procedures. iii 9-1-1 may be called for any medical emergencies, violent behaviors that endanger others, and suicidal ideation.
Evacuation Plan for Ambulatory and Non-Ambulatory Residents i The Operator staff will be trained to respond quickly and appropriately in accordance with Navigation Center procedures to protect the safety of everyone in the facility when an emergency, incident, or natural disaster occurs.
ii Evacuation Routes and Exits will be posted in each major area of the facility. An evacuation point outside will be designated.
iii The Operator will report incidents to City and County.
Fire Safety
i Fire drills will be conducted at least quarterly by the Operator staff. The evacuation route may be the same as for other hazards. A participant tally and search will be conducted once evacuation is conducted. Documentation of fire drills will be kept for three years in Navigation Center Management Files.
ii The most recent annual fire inspection will be posted in a designated area of the Navigation Center facility and will be included in the Navigation Center Management files. Fire extinguishers are to be located in each area of the building as shown in facility plans and in the evacuation plan. Fire extinguishers will be inspected and maintained per city and county requirements. A certificate of the last most recent Ventura County Fire inspection will be posted in a visible and designated area.
iii No smoking will be allowed inside or outside the building within 20 feet of doors. A smoking section will be designated, and a sign posted in the outdoor patio smoking area.
Earthquake Safety
i Earthquake drills will be conducted at least quarterly by the Operator staff. The evacuation route and procedures may be the same as for other hazards. A participant tally and search will be conducted once evacuation is conducted. Documentation of Earthquake drills will be kept for three years in Navigation Center Management Files. ii In case of an actual earthquake that causes damage to facility or grounds, the Operator will inspect the facility as soon as safety permits and notify the County and City.
Power Outage
i In the event of a power outage, the Operator will have a plan that will provide up to two hours of power for the telephones, computer data server, security cameras, and emergency exit lighting, and 24 hours for the fire alarm system.
26 3. Security Policies
i The Operator will promote utmost safety for participant s, staff, volunteers, and the community and will strive to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escalate. ii The Operator’s security policies will include a multi-faceted approach involving screening for sex offenders and felons with open warrants, secured entrances, random security searches upon entrance, confiscation of harmful contraband and weapons, trained security personnel providing indoor and outdoor coverage, security cameras and lighting. Other program elements that will support security efforts include no walk-up or bike-up policies and no loitering policies.
iii Additionally, in accordance with City of Thousand Oaks Municipal Code Section 9-4.2525 (f), the Navigation Center shall provide the following basic security measures:
• Entrances and exits shall be clearly marked and well-lighted. • Adequate external and internal security lighting shall be provided. • Individual lockers shall be provided to allow participants to secure their private possessions while using the Navigation Center.
• Separate sleeping areas shall be provided for men, women and families. • Separate bathing facilities shall be provided for men and women. • No person shall be allowed to camp on the premises or sleep on the premises outside of the Navigation Center property.
Secured Entrances
i All participants will present identification upon entry. ii All participants and their belongings will be checked by security personnel, utilizing security wands each time they enter and exit from the Navigation Center. iii Participants will sign-in upon entrance, and sign-out upon exit from the building.
Property Entrance and Exit Procedures
i All staff and participants will enter and exit through one main entrance and security check point. The main entrance will be equipped with security cameras for inside and outside the facility, safety alarms, and a portable communication device worn by staf f for control of entrance and activity inside the building.
ii All participants will enter the property by shuttle, unless they have a personal vehicle eligible to be parked on the site. Participants will be escorted from the designated parking lot area and shuttle drop off area to the Navigation Center entrance. iii All areas of the building will be locked when not in use. iv The building will be zoned so that participants will only have access to the areas which they need. During sleeping hours participants will have restricted access to other areas of the building.
27 On-site Security Guard Personnel
i The Operator will provide or contract a sufficient number of trained security guards to ensure the safety of participants and the surrounding neighborhood. The number of trained security guards and hours on duty will be determined in collaboration with the City, County, and local law enforcement . Security guards will conduct security rounds of the facility in a continuous manner.
ii Security guards may be stationed both inside and outside the Navigation Center to ensure maximum coverage. Security guards will be accessible and visible to participant s, and survey facility for any potential concerns. Staff and security will have communication with each other via portable electronic equipment.
iii Security guards will carry nonlethal weapons such as mace, batons, and handcuffs. iv The Operator will ensure that all security staff will be appropriately and regularly trained to work within the Navigation Center for homeless individuals. Appropriate training includes nonviolent crisis intervention, mental health first aid, professional ethics. Security guards will receive appropriate training through the Operator’s resources.
Security Alarms and Cameras
i The building will be equipped with security cameras inside and outside, safety alarms, and a portable communication device worn by staff.
ii The Operator staff to have access to panic buttons which will silently summon police to the facility during emergency situations.
iii The Operator staff will monitor security through cameras at intake desk and administrative office areas.
Security Lighting
i The Operator to use security lighting will be used both inside and outside the facility to highlight entrances and parking lot.
ii The Operator staff may escort any persons to parking lot or security gate after sunset.
Loitering Policy
i Participants will not be allowed to loiter in the neighborhood surrounding the Navigation Center or the bus/shuttle pick-up locations at any time. Violations of this rule may cause a participant to be exited from the Navigation Center.
ii The Operator’s Good Neighbor Policy will include regular checks of surrounding area to prevent and monitor for loitering issues.
Policy on Contraband and Weapons
i No contraband, weapons or objects which can be used as weapons will be brought to or stored at the Navigation Center.
ii Contraband items include but are not limited to: weapons, explosives, flammable or volatile substances, illegal drugs, controlled substances or drug paraphernalia, bio-hazardous items or environmentally harmful goods.
28 iii All of a participant’s belongings brought on-site will be searched upon entry and inspected for contraband, weapons and items that could be used as such. iv Anyone found with contraband, weapons, or dangerous material that can be used as a weapon will be asked to discard the items, store them off site or decline to enter the Navigation Center. Items must immediately leave the premises and neighborhood. v Sharp objects such as tools or scissors will be stored in locked storage area and not taken into Navigation Center living areas.
vi The Operator will keep a ll kitchen knives and sharp objects, hazardous materials, and cleaning equipment that could be used as a weapon in locked areas with Operator staff only accessibility.
vii The Operator must, however, establish Harm Reduction policies, practices, and procedures designed to minimize negative consequences resulting from participants use or possession of contraband as referenced above.
4. De-escalating Conflicts
i The Operator will ensure staff receive appropriate training in nonviolent crisis intervention, trauma informed care, strengths- based interviewing, professional ethics, communication techniques, or other relevant best practice training for working with this population.
Marginal Types of Aggression
i Exits should only occur with more serious types of aggression or with repetitive aggressive behavior versus a less serious offense. Prior to exiting a participant , the Operator staff should attempt to de-escalate a situation by understanding the motivations that prompted a participant to behave in these manners. By developing this insight, the Operator staff should be better able to determine both verbal and non- verbal responses to this behavior. If this behavior continues and cannot be managed successfully, then the Operator staff should meet regarding participant status. If it is decided that participant should continue at the Navigation Center, the following steps shall be taken: action plans, formal discussions about behavioral change, etc. If the behavior continues, the Operator Management may exit the participant pursuant to procedures laid out in these Policies and Procedures.
Verbal Threats or Aggression
i If a participant makes a verbal threat and/or is verbally aggressive to either the Operator staff, another participant , and/or partner agency staff or volunteers, the Operator Management will review the case for immediate exit from the Navigation Center to protect the safety of staff and other participant s, pursuant to procedures listed in the Operator’s Policies and Procedures.
Violent behavior
i If a participant exhibits violent behavior towards another participant, staff, or volunteer, they will be immediately exited. They may be subject to the Operator’s readmittance policy depending on both the Operator and case management opinions regarding the possibility of repetitive violent behavior. Should the participant be allowed to return to the Navigation
29 Center, they will be required to sign a behavioral contract to ensure that aggressive behavior does not continue inside of the Navigation Center which includes actions plans and formal monitoring.
ii Under no circumstances shall a participant be readmitted to the Navigation Center if the victim was another participant who is still residing in the Navigation Center. If the violent behavior reoccurs after the participant has been re- admitted, a permanent exit shall be discussed and evaluated amongst the Operator, County and City prior to a decision being rendered.
5. Policy Regarding Participant Possessions
Participant Storage
i All participants will have limited access to personal storage space in the indoor sleeping area and outside storage area.
ii A limited number of outdoor storage bins will also be available to participants through an Operator created reservation process, and items can be checked in and out during their time at the Navigation Center.
iii A participant may store personal property in their assigned bin, to its maximum capacity. iv A participant storage log will be signed at each visit to the storage area. The storage area may be accessed, with Operator staff supervision and only during assigned hours during the day.
v All items will be stored for the length of the participant ’s stay at the Navigation Center .
The right to store items may be revoked based on violation of rules and/or the Operator’s discretion.
vi Once a participant has exited the Navigation Center, any personal effects may be stored for up to 10 days; after which, the property will be donated or disposed of. vii Participants who have exited must contact staff to set an appointment to collect their personal belongings. In the event the participant cannot come to retrieve their own property, they may name a proxy of their choosing to pick up their effects by filling out required authorization forms. The participant will be responsible for asking their designated contact person to retrieve property, if needed.
Authorized/ Unauthorized Search of Participants’ Property by Operator Staff i As agreed to in the Participant Agreement, the Operator staff will have the right to inspect all areas of the Navigation Center site, including modular units and storage areas to ensure compliance with contraband and weapon policies.
ii When inspecting a participant ’s possessions without them present, two Operator staff persons will be responsible for and physically present for the search. iii When items are found in the participant ’s possession that are not suitable for storage, participants can choose to have Operator staff dispose of the item or participant may store property off site premises at their own cost.
iv The Operator staff has the right to designate a period of time when a participant will be ineligible for re-entry to facility, if contraband is found. Length of ineligible time will be documented according to the Operator’s Exit and Readmission Policies.
30 J. Health Policies
The Operator must develop and adhere to clear Policies and Procedures for Health that incorporate the following.
1. Housekeeping Policy
i The Operator will commit to and understand the importance of maintaining hygienic, sanitary environments for the well-being of participants, volunteers, and staff. ii The Operator will provide or contract with outside janitorial services for the maintenance and cleaning of the facility.
iii Thorough daily cleaning of all participant areas including living quarters, kitchen and dining areas, and common areas will be done using institution strength anti -bacterial products. Bathrooms, showers, and eating areas will be given priority attention. The kitchen and dining areas will be cleaned according to strict health standards after each meal. iv The Operator will maintain written, standardized housekeeping procedures. Each procedure will be designed for safety of staff and participants and for a consistent, high standard of housekeeping.
v The Operator must ensure staff are provided with training in these procedures, will be monitored in performance of the procedures, and evaluated in their effective use of them.
Training may include education on any hazardous materials with which staff may come into contact when carrying out their assigned work tasks. vi The Operator must ensure all staff practice universal precautions in handling of laundry, cleaning of facility, and general self – health care. Specifically:
• Staff will wear appropriate protective garments (i.e., gloves) while completing tasks. • Staff will use recommended disinfecting cleaning products for each area of facility. • Staff will practice required hand-washing procedures. • Kitchen staff will be trained in and practice required food-handling procedures. • All participant clothes will be washed upon initial intake and weekly thereafter. • All laundry will be handled according to safety and washing procedures. • Staff and volunteers will follow a set of Rules and Regulations for working when they are sick/contagious.
Bed Linens
i Participants will be assigned a set of clean bed linens at intake for their use while at the Navigation Center.
ii Staff will wash bed linens weekly, at a minimum.
Toiletries
i. Basic toiletries will be provided by the Operator to participants as needed.
31 2. Pet and Service Animal Policies
i Participants will be permitted to bring pets and service animals to the Navigation Center , subject to written approval by City of a pet and service animal policy, which is subject to periodic review and approval.
ii Only registered animals that have proof of current vaccinations will be allowed at the facility.
iii Pets and service animals will be permitted to stay in the participant’s assigned unit.In order to qualify as a service animal, a participant must produce an official letter from a licensed medical professional stating that the animal is needed to help the disabled individual perform some of the functions and tasks that an individual with a disability cannot perform for themselves.
iv The Operator will provide a dog relief/ run area.
v The health and well -being of all pets and service animals brought into the Navigation Center will be the responsibility of their owner. Participant s must feed and clean up after their pets and service animals.
vi The Operator staff will not be able to provide food. Participants who are unable to care for or feed for their pets or cannot control them while at the Navigation Center will be asked to work on these improvements as a program goal or find alternative arrangements for their pets.
vii The Operator may contract with a veterinary service provider to help provide animal management services at the Navigation Center. Such services include but are not limited to: examination of pet health upon entering the Navigation Center and throughout, spaying/neutering services, vaccinations, treatments for injuries/health issues and pet owner education.
3. Controlled Substances
Possession and Use of
i The Operator will promote a safe, healthy and productive environment for everyone. ii The Operator will have a strict policy prohibiting the possession or use of alcohol or controlled substances at the Navigation Center premises by employees, participant s, and the general public.
iii The Operator recognizes that the illegal and/or excessive use of drugs and alcohol, or the inappropriate use of prescribed drugs is not conducive to a safe living environment. It will be the objective of the Operator to have an environment that is free from the influence of controlled substances and alcohol at all times on premises. The unlawful purchase, possession, transfer, manufacturing, distribution, dispensation or use of any illegal drug is inconsistent with th e objective of operating in a safe and e fficient manner, is contrary to the Navigation Center mission, and will be strictly prohibited.
Policy for Alcohol and Drug Possession
i The Operator will have the right to refuse entrance to any participant who is noticeably under the influence, exhibiting behavior that is inappropriate due to influence, or otherwise
32 cannot follow the rules and expected behaviors of a participant while participating in Navigation Center activities.
ii If alcohol, illegal substances, or paraphernalia are found in participant ’s possession after they have completed entry paperwork and necessary security screenings, that participant may be asked to exit the facility at the discretion of the Operator staff. They may be given a time frame of their next eligible readmission date. The illegal drug or alcohol will be disposed of and documented by two Operator staff following written protocol of the Operator’s Policy and Procedures.
4. Prescription and Over-the-Counter Medications
Security, Use, and Access of
i The Operator will have clear procedures for the security, use, and access to prescription medications, including for medications that require refrigeration. ii A participant who qualifies and requests their medications to be stored in a locked area must sign an Agreement Form and will have access to the medications as soon as possible by their request to the staff on duty. The participant will be responsible for requesting and taking their own medications within limits of how they are prescribed. Only the person whose name is on the medications will be able to retrieve them. iii Use and storage of over-the-counter medications follow the same policy and procedures of prescription medications.
5. Participant Access to Medical Care
i Participants may have access to medical care and first aid items at any time. Participant should communicate to staff member on duty their need, if possible. ii Medical support may be accessed through the onsite clinic and/or through local hospitals, if and when access to the onsite clinic is not available.
Medical emergencies and requests for immediate medical attention and/or care i Participants shall always be given the option of ambulance transport. However, where responding EMT’s determine that the injury or illness does not actually require emergency ambulance transport, and that determination is documented in writing, participant may, but shall not be required to, decline to be transported via ambulance, and may utilize another method of transport.
i Where emergency transport is declined, participant must sign an emergency medical transport waiver in order to be eligible for alternate transport. Staff will then make arrangements for participant to be transported to a hospital or other medical facility pursuant to the Medical Transportation policies.
ii After the participant incident has been controlled, the lead staff member will complete an Incident Report form which will be sent to the Program Manager and higher-level staff as needed.
33 Routine Medical Appointments and Other Requests for Non-Urgent Medical Care i Where a participant informs staff that they have or need to make a routine appointment to see a physician or other medical professional, staff may make arrangements for the participant to be transported to that appointment pursuant to the provisions of the Medical Transportation policy.
ii The Operator Staff retain the discretion to call 911 at any time staff has reason to believe a response other than an emergency medical response is necessary, notwithstanding any statement to the contrary by a participant. When in doubt, staff should call 911.
First Aid Equipment, Supplies and Procedures
i The Operator and/or onsite clinic partner will have first aid supplies available at all times.
Staff members will be trained annually in universal precautions, first aid care, seizure, or Mental Health crisis.
6. Policies & Procedures for Disease Prevention
ii The Operator will have protocols for prevention and treatment of accidents and injuries, certain diseases, and conditions such as seizures, diabetic episodes, mental health episodes, lice, bed bugs, influenza, and other communicable and contagious diseases. iii Universal precautions will be maintained at all times in handling of fluids, participant clothing, laundry, and other possessions, as well as in all cleaning of premises. The Navigation Center will operate to conform to best health practices. iv The Operator will adopt policies and procedures in compliance from the CDC, the Ventura County Public Health Department, and OSHA requirements, including for hand washing, tuberculosis, and COVID-19, etc.
K. Financial Policies
The Operator must develop and adhere to clear Financial Policies and Procedures that incorporate the following.
1. Financial Requests from Participants
i The Operator and/or Service Provider partners may offer financial assistance opportunities (bus pass, clothing/food voucher, etc.) to participants, when available and must establish priority levels and/or other fair means for distribution. ii All bus passes and/or vouchers must be kept in a locked safe in a locked office or secured when not in use.
iii The Operator and/or Service Provider partners will not be obligated to fulfill all financial requests from participants that they receive.
34 2. Participant Possessions and Funds
i The Operator will establish a policy and procedures that will be reviewed with participants as part of the signed participant a greement, that the Operator and/or Service Provider partners are not responsible for lost or stolen items.
ii Participants will not be permitted to give cash to staff at any time, for any reason.
3. Annual Outside Audit
i An independent financial audit of the Operator will be completed on an annual basis. The most current audit will be kept on file at the Operator ’s administration office(s) and may be viewed as necessary.
ii The Navigation Center may also be subject to an annual audit or monitoring. It will be the responsibility of the Operator to correct any deficiencies reported by the audit within the time limits prescribed the auditing firm.
4. Financial Reports Review
i The Operator will produce financial reports each month. These reports will be reviewed by the City and County.
ii The Administration Office of the Operator will review financial statements and budgets with each Program Manager on a regular basis. Adjustment will be made in spending as necessary.
5. Fiscal and Programmatic Reporting
i The Operator will submit reports required by any current or future funding sources, including regular reports to show outcomes into housing, exits, employment, etc.
L. Legal Policies
The Operator must develop and adhere to clear legal Policies and Procedures that incorporate the following.
1. Policy for Compliance with Local Laws and Regulations i The Operator will follow all appropriate city and County code, ordinances, regulations and requirements, and have staff trained for food handling, CPR, fire drills and other disaster evacuation procedures. The Operator and staff will work cooperatively with local law enforcement to communicate any breaking of laws by participant s while on its premises.
Additionally, the Operator staff and management will cooperate with law enforcement agencies on investigations for persons wanted for crimes as much as is possible while maintaining policies on participant confidentiality.
35 City of Thousand Oaks Municipal Code
In accordance with City of Thousand Oaks Municipal Code Section 9- 4.2525 (e) Operator shall provide on-site management at all times while the Navigation Center remains open, consisting of a minimum of one (1) staff person per fifteen (15) participants that enforces and complies with the following requirements:
i Operator staff shall receive training in emergency evacuation procedures, shelter operating procedures, first aid and non-violent crisis intervention. ii Participants shall be provided with clean sanitary beds and sanitation facilities, including toilets, showers, bedding, soap, towels and toilet tissue. iii Laundry facilities shall be provided for participants to wash their clothes or Operator staff shall help participants make arrangements for laundry services. iv According to their needs, participants shall be referred to appropriate medical, psychiatric, housing, educational, social and nutritional services. v No individual shall be denied shelter because of an inability to pay. vi Navigation Center rules shall be posted and made known to all participants. vii Operator shall establish and enforce rules prohibiting the use of alcohol, illegal use of controlled substances, violent or illegal behavior.
viii Operator shall maintain an attendance log to document the demographic characteristics of the participants served and provide an annual report to the City describing the demographics of Navigation Center users and the services provided. ix Operator shall promptly remove any litter in the vicinity attributable to use of the shelter.
x No items, including, but not limited to, possessions brought to the Navigation Center by participants, shall be stored outdoors.
xi The length of stay for any participant shall not exceed 6 months , unless specifically authorized by the City in writing.
xii No pets shall be allowed in the shelter unless separate indoor kennel facilities are provided for pets.
xiii Operator shall provide an outdoor smoking area(s) on the premises.
County of Ventura Continuum of Care on Homelessness
i. Participate in CoC meetings including VC CoC Alliance and VC CoC sponsored trainings and other VC CoC initiatives.
ii. Participate in CoC planning, policy and strategic activities. iii. Participate in the annual Point in Time (PIT) Homeless Persons Count by participating in the sheltered and unsheltered count.
iv. Contribute agency level data for the annual Housing Inventory Count (HIC). v. Participate in Gaps Analysis and Needs Assessment as directed by CoC Board. vi. Utilize VC HMIS for data entry while following the VC HMIS policies and procedures.
This includes but are not limited to:
a. Participating in HMIS meetings and forums.
b. Following all security, privacy and data integrity guidelines. c. Complying with annual training requirement.
d. Complying with license fee requirements.
36 vii. Follow locally adopted VC CoC policies and procedures which include:
a. Program standards for administering CoC, ESG, and State funding assistance. b. Pathways to Home policies and procedures.
viii. Commit to filling program vacancies and accepting referrals through Pathways to Home, the local Coordinated Entry System (CES).
ix. Participate in Pathways to Home case conferencing meetings to facilitate the matching of clients with housing, shelter and services while abiding by confidentiality agreements. x. Implement programs based on Evidenced Based Practices including Housing First, trauma- informed care and strengths- based programs that are client focused and culturally competent.
xi. Provide appropriate supportive services that are focused on:
a. Help participants obtain or remain in permanent housing. b. Help participants increase skills and/or income.
2. Policy for Compliance with Labor Laws and Regulations i The Operator will comply with all required labor laws. OSHA training and reviews will be done during staff meetings on a quarterly basis. OSHA flyers will be posted in administrative offices.
ii The Operator’s wages will be at or above minimum wage. Employee breaks, meals, and overtime will be monitored legally and compensated as needed. The Operator will be contracted with a company to examine any work injuries. The proper incident reports, Workmen’s Compensation forms, and requirements will be completed.
M. Non-Discrimination Policies
The Operator must develop and adhere to clear non- discrimination Policies and Procedures that incorporate the following.
i The Operator will not discriminate in the provision of participant care based on age, race, color, religion, sex, sexual orientation or gender identity and expression, marital status, geographic, ancestry, national or ethnic origin, HIV status, disability, or veteran status.
1. Policy for Compliance with Americans with Disabilities Act i The Operator will comply with appropriate standards of The Americans with Disabilities Act (ADA). The Operator staff will be trained about and will be cognizant of any physical disability upon entrance of the participant and will assist as needed to conquer any barriers from the structure of the building. The Operator s taff will receive training to work appropriately with persons with disabilities.
ii All persons will be treated with dignity, value, and worth.
2. Gender-Specific Programming Policy
i Persons accessing the Navigation Center services will be identified by the gender identification for which they choose. Staff will provide beds to persons of gender identity,
37 expression, and sexual orientation with due regard to privacy and participant rights.
Bathrooms and showers will be constructed with equal privacy for all participant s, regardless of sexual orientation, expression, or identity. All services will be available with the dignity of all participants as highest priority.
3. Sexual Harassment Policy
i All participants, volunteers, and employees should be able to coexist at the Navigation Center in a trauma informed care environment, free from sexual harassment and inappropriate sexual behavior.
ii The Navigation Center will have a zero -tolerance policy for sexual harassment and inappropriate behavior of a sexual nature. No sexual harassment will be tolerated by anyone on the facility grounds - including by staff, volunteers, or participants. Participants, staff, and volunteers will be notified if in the Operator’s sole discretion any of their remarks, advances, gestures, or attire constitutes sexual harassment toward any person in the Navigation Center facility.
iii Anyone who believes they have been the subject of any such behavior will be urged to report it to the Operator staff or supervisor immediately. A report will be completed and taken to appropriate Operator staff or supervisor for resolution. Reported incidents will be investigated on a confidential basis. Provisions will be instituted to guard the safety and emotional health of persons who have been victims of a reported incident. After proper review, a person found to have engaged in sexual harassment or inappropriate behavior of a sexual nature will be subject to disciplinary action including possible immediate exit from the Navigation Center or termination from employment.
4. Policy Regarding Sex Offenders
i The Operator will have strict requirements for the safety of vulnerable adults. Staff and volunteers will be trained in sex abuse definitions, sex offender policies, child abuse, and vulnerable adult abuse. All Operator employees must review this training yearly and be certified to have passed its standards.
ii The Operator will follow federal law requirements in reporting sex offenders. iii All participants will be screened for sex offenses through the National Megan’s Law database. Screening will be conducted at the time of reservation; no potential participants with a registered sex offense will be allowed on the bus/shuttle or admitted as participants.
N. Confidentiality Policies
The Operator must develop and adhere to clear confidentiality policies and procedures that incorporate the following.
1. Personal Confidentiality
People seek help from emergency shelters at a difficult time in their lives. Their need for service and the help that can be given is determined through sharing of factual and personal information.
For this to be effective, every participant must be able to trust that every staff member and volunteer hold confidential the shared information.
38 Therefore, the Operator staff will keep strict confidentiality practices as written in Confidentiality Policy. These practices include:
Fact of Participation:
i The fact that an individual is or has been a participant in the Navigation Center should not be disclosed except as may be specifically defined. Inquiries by visit, telephone or letter regarding a participant in the program should be answered with the statement that information as to whether a particular person is or has been a participant cannot be divulged; that if in fact the individual is a participant , they will be advised of the inquiry, and that, at their discretion, they will or will not communicate with the inquirer.
Disclosure to Other Agencies:
i Disclosure of participant information to other social service agencies, whether on a referral to or from the agency, generally may be permitted only with the person’s written consent.
Information is to be withheld where enjoined by law and whereby contract the Operator has agreed to maintain the confidentiality of participant records (as under the Privacy Act.) Disclosure of information relating to participants should not be made to employers, credit agencies, unions or other similar organizations, except at the request, and with the consent of the participant.
Information to the Participant:
i In some situations , it may be required by law to disclose to the participant information contained in their own case record. Information disclosed should be limited to that which is included in the formal case record. The formal case record should contain factual information, not counselor notes and observations. Information provided by other agencies should not be shared.
Law Enforcement Agencies
i All requests for information regarding participant s originating from law enforcement agents, should be referred to the Operator’s acting Legal Department. Before any action is taken on any legal request, the Operator staff member or program manager should contact their Legal Department as there are boundaries in place to determine the sharing of information with law enforcement personnel according to its policies on participant confidentiality (as stated in the Operator’s Policies and Procedures) and applicable law. ii When an arrest warrant or a search warrant has been issued by a court after a showing of probable cause, if such a warrant is presented to the facility relating to a participant in the Navigation Center, staff will cooperate with the law enforcement agency in making the arrest or the search, preferably in a manner which will involve the least disruption of the programs at the facility.
39 Written Consent
i If there is any doubt as to whether participant information should be disclosed, the consent of the participant should be first obtained, except as otherwise required by law. The consent will be in writing on a Release of Information form and should identify the information to be disclosed, the person or agency to whom it will be disclosed, and the purpose of the disclosure, and the period of time during which authorization is granted.
Abuse Reporting
i The Operator staff will comply with all state and municipal laws requiring reporting to governmental agencies of instances of child abuse, domestic violence , and elder abuse.
Staff will report any suspicion or evidence of child abuse or vulnerable adult abuse according to the law’s requirements. All staff persons at the Navigation Center will be mandatory reporters. An incident report will also be completed and submitted to the Program Manager and any higher-level staff as needed. All staff will be trained at time of hire to spot signs of abuse and to properly document and report it. Training will be repeated annually.
Harm to Self or Others
i If a participant at the Navigation Center shares with a staff person a viable threat to do harm to self or another, the terms of confidentiality can be revoked, as in the case of suicidal or homicidal admittance.
2. Database Confidentiality Policies
i Only trained Intake staff, Case Managers , and management staff will be authorized to access the VCHMIS Database. Each staff person will have a separate password for entry.
Staff is only to use computers that are authorized and VCHMIS compliant. ii No persons without a username and password set up by the Operator ’s IT department should have access to staff-only computers.
3. Exceptions to the Confidentiality Policy
i All participants will be informed that when the law requires Operator staff to disclose participant-related information, such as to prevent danger to self or others or to report child and elderly/vulnerable adult abuse, staff will do so.
O. Grievance Policies
The Operator must develop and adhere to clear grievance Policies and Procedures that incorporate the following.
i Participants should have several ways in which they may share a grievance – verbally or written, anonymous or through a third party.
ii It is recommended to have a suggestion and grievance box available in the common area for the Operator staff to review regularly.
40 iii The grievance procedure will be applicable for any conflicts or disagreements between participants and participants, and participants and staff. For example, the grievance process may be employed to address disruptive behavior or appeal incorrect formal action.
However, in no way does the grievance procedure suspend the rules or consequences established in the Navigation Center Rules signed at intake. iv Participants will have the right to file a grievance without the fear of harmful repercussions from staff or other participants.
1. Receiving and Posting
i The Grievance Procedure should be clearly posted and available at the Navigation Center facility.
ii Participants will be given a copy of their signed copy of the grievance procedure at intake.
If a participant does not have a copy of the grievance procedure, they may contact their Case Manager to request a copy and an explanation of how the process works. iii Grievance procedures should outline due process once a formal grievance is received, including identifying staff involved and timeline for responses. It should also outline the steps that could be taken for a participant grievance for their involuntary discharge. iv Participants have the right to ask assistance of another person to speak on their behalf, or to help fill out a grievance form.
v Participant grievances will be reported in monthly reports. vi The Operator executive staff should review all grievances quarterly and/or annually, providing a level of review that does not involve the participant about whom the complaint was made or the person who reached the decision to identify ways to improve the Navigation Center.
vii Grievances and resolutions should be documented in participant file and incident reports.
2. Whistleblower Policy
i Confidentiality will be strictly kept between the person making the complaint and the Program Manager which will withhold information internally to the extent prudent where a complaint involves a staff member or volunteer.
60684.00011\41942937.1
EXHIBIT F
MEMORANDUM OF LEASE
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
City of Thousand Oaks )
2100 E. Thousand Oaks Boulevard )
Thousand Oaks, CA 91362 )
Attn: City Manager
)
Exempt From Recording Fee Pursuant to Government Code Section 27383
MEMORANDUM OF LEASE
This Memorandum of Lease ("Memorandum") is hereby entered into as of _________, 2023, between the City of Thousand Oaks, a California municipal corporation, (" Landlord"), Many Mansions, a California nonprofit corporation (collectively, "Tenant").
RECITALS
A. Landlord and Tenant have e ntered into that certain Lease (the " Ground Lease") dated concurrently herewith for that certain parcel of real property which is legally described in Exhibit A attached hereto and incorporated herein by reference (the " Property"). A copy of the Ground Lease is available for public inspection at Landlord's office at 2100 E. Thousand Oaks Boulevard, Thousand Oaks, CA 91362. The term of the Ground Lease is fifteen (15) years the Commencement Date of which is ______, 2024.
B. The Ground Lease provides that a short form memorandum of the Ground Lease shall be executed and recorded in the Official Records of Ventura County, California.
NOW, THEREFORE, the parties hereto certify as follows:
Landlord, pursuant to the Ground Lease, hereby leases the Property to the Tenant upon the terms and conditions provided for therein. This Memorandum is not a complete summary of the Ground Lease, and shall not be used to interpret the provisions of the Ground Lease. [Signatures to appear on the following pages.]
60684.00011\41942937.1
SIGNATURE PAGE TO MEMORANDUM OF GROUND LEASE
LANDLORD:
CITY OF THOUSAND OAKS, a California
municipal corporation and charter city
By:________________________________
Andrew P. Powers, City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
Matthew Cody
Special Counsel to the City
60684.00011\41942937.1
SIGNATURE PAGE TO MEMORANDUM OF GROUND LEASE
MANY MANSIONS, a California nonprofit
corporation
By:
By: ________________________
60684.00011\41942937.1
EXHIBIT A TO MEMORANDUM OF LEASE
LEGAL DESCRIPTION
60684.00011\41944129.1
DEVELOPMENT MANAGEMENT AGREEMENT
BETWEEN
CITY OF THOUSAND OAKS
AND
DIGNITYMOVES,
a California nonprofit corporation
THOUSAND OAKS NAVIGATION CENTER
1205 Lawrence Drive
Thousand Oaks, California 91320
EXHIBIT G
60684.00011\41944129.1
1 DEVELOPMENT MANAGEMENT AGREEMENT
THIS DEVELOPMENT MANAGEMENT AGREEMENT (the " Agreement") is made effective as of ___________, 2024 (“Effective Date”), by and between CITY OF THOUSAND OAKS ("City") and DignityMoves (“DignityMoves”) a California nonprofit corporation. The City and DignityMoves are collectively referred to as the “Parties”.
RECITALS
A. This Agreement is intended to provide for the development of modular housing that will serve as navigation center (“Navigation Center”) for unhoused individuals to provide Housing First, low-barrier, service-enriched non-congregate shelter focused on moving people into permanent housing, and providing temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
B. The City owns that certain real property commonly known as 1205 Lawrence Drive in the City of Thousand Oaks (the “City”), County of Ventura, State of California, APN 667-0-080-105, as more particularly described in Exhibit "A" attached to this Agreement (the " Property"), which it proposes to lease to Many Mansions, a California nonprofit corporation (“Many Mansions”), pursuant to that certain Ground Lease entered into concurrently and in conjunction herewith (“Ground Lease”).
C. On or about November 3, 2022 , DignityMoves , Many Mansions, and another entity, Hope the Mission (“Hope the Mission”), a California nonprofit corporation that provides homeless services, submitted a joint proposal to develop and operate the Project (the “Proposal”). Pursuant t o that Proposal, DignityMoves proposed developing the Property for the purpose of allowing Many Mansions and Hope the Mission to operate the Navigation Center.
D. On or about December 6, 2022 , the City selected the Proposal and commenced negotiations with DignityMoves, Many Mansions, and Hope the Mission, for the purposes of developing and operating the Navigation Center with residential living units that contain a minimum of thirty (30) beds, with a potential for up to fifty (50) beds , along with wet areas (including common restrooms and restrooms adjoining certain units), common areas (including, ancillary dining, laundry and storage facilities for residents) and office and administration facilities for operation of the foregoing (together with all related facilities, the “ Project”). For purposes of this Agreement, the term “Project” shall be deemed to include the final number of residential units developed with related improvements as ultimately approved by the City and any Governmental authority or authorities with jurisdiction.
E. Pursuant to the Ground Lease, the City and Many Mansions have agreed to develop the Property with permanent infrastructure and tenant improvements (collectively, the “Project Improvements”) on the Property for purposes of developing the Project. The purpose of this Development Management Agreement is to provide for the 60684.00011\41944129.1
2 terms and conditions of the acquisition, construction, and completion of the Project Improvements, in accordance with the Improvement Plan.
F. The City will provide and administer funding, which is expected to include funding from the City of Thousand Oaks, County of Ventura, and State of California via the Encampment Resolution Fund (“ERF”) grant, as set forth below. All City and County funding, inclusive of the ERF shall be referred to as the “Funding.” G. DignityMoves agrees and understands that the Funding is being made available for Development Work to acquire, construct, and develop the Improvements and operation of the Navigation Center.
H. DignityMoves represents and warrants that it is experienced in developing interim housing development projects similar to the Project and will provide development management services for this Project.
I. The City desires to engage DignityMoves, and DignityMoves desires, to manage, arrange, supervise and coordinate the planning, design, entitlement, permitting, construction and completion of the Improvements and the Development Work (as such term is hereinafter defined) upon the terms, conditions and covenants herein described , for the purpose of delivering the Property to Many Mansions to operate the Navigation Center in accordance with the Ground Lease.
NOW, THEREFORE, in consideration of the foregoing Recitals , which are incorporated herein by this reference, and the mutual promises and covenants contained in this Agreement, the Parties agree as follows:
ARTICLE 1
DEFINITIONS
For the purposes of this Agreement, the following terms shall have the respective meanings set forth below:
"Affiliate" shall mean a person or entity controlled by, under common control with or controlling another person or entity . The term "control" means the ownership, directly or indirectly, of at least 50% of the voting ownership interests in an entity, or the management control of an entity.
"Agreement" shall mean this Development Management Agreement, as may be amended, modified or supplemented from time to time.
“Architect” shall mean the licensed project architect engaged by DignityMoves to serve as architect for the Project. DignityMoves has engaged Gensler to act as the Architect for the Project.
"Business Day" shall mean any day other than a Saturday, Sunday or other than a holiday on which businesses in the State of California are generally closed for business. 60684.00011\41944129.1
3 "City" shall mean the City of Thousand Oaks, California. "Claims" shall mean any and all claims, liabilities, losses, damages, costs or expenses, including, without limitation, actual attorneys' fees and costs, court costs, demands, debts, causes of action, fines, judgments and penalties. "Consultants" shall mean the architects, engineers, consultants or designers engaged by DignityMoves for the Project.
"Contractor(s)" shall mean one or more licensed general contractors to be engaged by DignityMoves to construct all or a portion of the Improvements. DignityMoves intends to engage Swinerton Builders Southern California, a California corporation to act as the general contractor for the Project.
"Day" shall mean a calendar day unless specifically referenced as a Business Day. "Development Budget" shall mean the budget for the Development Work , which is attached hereto as Exhibit B and incorporated herein by reference, setting forth the costs, expenses, and income and other relevant financial projections to perform and complete the Development Work.
"Improvement Plan" shall mean the Improvement Plan, as defined in the Ground Lease, and which is further set forth in Exhibit C attached hereto and incorporated herein by reference.
"Development Schedule" shall mean the schedule, which is attached hereto as Exhibit D and incorporated herein by reference , showing the dates of commencement and completion of various components of the Development Work . Any amendment or change to the Development Schedule that will delay the overall completion date by more than fifteen (15) days other than by reason of an Unavoidable Delay is subject to the City’s written approval.
“Development Work” shall mean any and all construction and other work necessary for the construction of the Project Improvements, all as covered by the Development Budget.
"Entitlements" shall mean the Permits and all other Governmental agreements, permits, approvals and entitlements required from time to time for the development of the Project.
“Government” or “Governmental” shall mean and include the City and any other governmental, quasi-governmental, or public utility authority. “Ground Lease ” shall mean the Ground Lease (Lawrence Drive Navigation Center), between the City and Many Mansions, made and entered into as of the same date of execution of this Agreement.
60684.00011\41944129.1
4 "Project Contract(s) " shall mean any contracts for acquisition, design, or construction of the Project entered into by DignityMoves and any Contractor, consultant or other Third Party providing materials or services for the performance of Development Work.
"Project Improvements" shall mean the onsite and offsite grading, paving, fencing, installation of sewer, water, storm drain, electrical, cable, and other utilities and connections to the Property and the Project, site preparation and installation of Units, approved by the City, to be incorporated into the Project, and vertical construction of any improvements constituting the Project, together with the installation of landscape areas, including entry areas, walkways, open space and any other improvements to be constructed in con nection with the development of the Project as set forth in the Plans and Specifications, as the same may be amended, modified or supplemented from time to time pursuant to the terms hereof, and any other Work of Improvement as that term is defined in Section 8050 of the California Civil Code. The Improvements include all Tenant Improvements and Permanent Infrastructure, as defined herein, and specified in the Plans and Specifications.
"Line Items " shall mean the cost accounting categories set forth in the Development Budget for each of the construction trades for the construction of the Project Improvements and for any separate material categories or other development costs, including costs to obtain the Entitlements.
"Notice of Termination" shall mean a written notice of termination of this Agreement delivered by the City to DignityMoves and/or by DignityMoves to the City. “Permanent Infrastructure” shall have the meaning set forth in the Improvement Plan.
"Permits" shall mean such grading and building permits , or any other public agency permits as may be necessary for the construction of the Improvements. "Plans and Specifications" shall mean the grading plans and the architectural and engineering plans and specifications for the Project Improvements including the Improvement Plan, as defined herein, which is attached hereto and incorporated herein by reference, the plot plans showing the proposed location of the Improvements and appurtenances, and such other plans and specifications as may be necessary for the construction of the Improvements.
"Project" shall have the meaning set forth in Recital D. "Project Costs" shall mean all costs incurred by DignityMoves in connection with the Project, in accordance with the Development Budget or otherwise approved by the City in writing.
“Property” shall have the meaning set forth in Recital B. 60684.00011\41944129.1
5 "Services" shall mean the development services contemplated to be performed by DignityMoves under this Agreement.
"Subcontractor" shall mean a person or organization who has a direct contract with Contractor to perform any work or to provide any materials, equipment or supplies for the Project and, as used herein, unless the context otherwise requires, shall include sub-subcontractors.
“Tenant Improvements” shall have the meaning set forth in the Improvement Plan.
"Third Party or Parties" shall mean individually or collectively, as applicable, any Consultant, Contractor, Subcontractor, vendor, supplier or any other person or entity providing services or materials to the Project, other than DignityMoves. "Unavoidable Delay " shall mean any prevention, delay or stoppage in the Services required of DignityMoves and/or other Third Parties performing services pursuant to this Agreement, but not including any payment and/or performance obligations of DignityMoves, caused by war, insurrection, strikes, lockouts, riots, unusually adverse weather, unavailability of labor or construction materials, supplies and equipment or product shortages, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, epidemics, pandemics, quarantine restrictions, freight embargoes, lack of transportation, suits filed by unrelated third parties concerning or arising out of this Agreement or unseasonable weather conditions, newly enacted Governmental regulations or con trols, or other matters or causes beyond the reasonable control of DignityMoves, including any delays arising from unreasonable processing times for City or other public agency approvals , in which event the time within which this Agreement requires certain acts to be performed shall be extended for a period equal to any such prevention, delay or stoppage. The time for performance of provisions of this Agreement by either Party shall be extended for a period equal to the period of any Unavoidable Delay affecting the Project or this Agreement will be deemed granted only if written notice by the Party claiming such extension is sent to the other Party within thirty (30) calendar days from the commencement of the cause.
“Units” prefabricated and/or modular housing units, approved by the City, to be incorporated into the Project.
ARTICLE 2
ENGAGEMENT; STANDARDS OF PERFORMANCE
2.1 Engagement. The City hereby engages DignityMoves as the development manager of the Project with respect to the Development Work, for the purpose of managing, supervising and coordinating the planning, design, entitlement, permitting, construction and completion of the Development Work, all in accordance with the terms, conditions and limitations herein set forth. DignityMoves hereby accepts such engagement, and DignityMoves hereby agrees to use reasonable efforts to perform the 60684.00011\41944129.1
6 Services, including (i) obtaining and preserving all Entitlements required for Project occupancy (See Section 3.2.2) , (ii) negotiating and entering into any Project Contracts necessary for the acquisition of the Project Improvements and completion of the Project, (iii) overseeing and managing construction of the Improvements by Third Parties pursuant to approved Plans and Specifications, (iv) obtaining the acceptance of the applicable Improvements by the City, and any other relevant Governmental agencies, (v) otherwise providing all Services necessary for completion of the Development Work, within the Development Budget and Development Schedule as the same may be modified from time to time in accordance with this Agreement , (vi) signing documents, purchase orders, change orders and other instruments and writings related to the Project, ( vii) issuing payments in connection with the Development Work on checks drawn against the Project Account(s) (as such term is hereafter defin ed), and ( viii) such other tasks as are necessary to perform or procure the Development Work or as requested by the City.
2.2 Standard of Performance . DignityMoves shall furnish its skill and judgment to perform the Development Work and shall cooperate with the City and the Third Parties performing Development Work or otherwise providing services relating to the Project. DignityMoves shall perform its duties and obligations under this Agreement in a reasonably efficient, expeditious and economical manner, in accordance with the applicable Development Schedule (subject, however, to the provisions of Section 3.2) and within the amounts budgeted in the Development Budget (except as otherwise permitted pursuant to the terms of this Agreement) consistent with the professional care, skill, judgment, diligence and care ordinarily provided by development manager s, construction managers, or oth er similar industry professionals practicing in the same or similar locality under the same or similar circumstances. DignityMoves shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. DignityMoves shall devote sufficient time and attention to ensure the full, prompt and professional discharge of its duties under this Agreement.
2.3 DignityMoves's Personnel. DignityMoves may perform its duties and obligations hereunder with its own employees. DignityMoves shall be responsible for hiring, supervising, training, and terminating all of its employees and staff members performing Services relating to the Project. The persons designated by DignityMoves as its representatives ("Representatives") shall represent DignityMoves as its agents and all written communications given to or by those Representatives shall be as if given to or by DignityMoves. DignityMoves and its employees shall at all times perform DignityMoves' obligations hereunder in a good and workmanlike manner. Any employee of DignityMoves performing Development Work who, in the reasonable opinion of the City, does not perform its work in a skillful manner or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be promptly removed from performing Development Work on the Project . DignityMoves shall fully comply with all applicable laws and regulations relating to worker’s compensation, social security, unemployment insurance, hours of labor, wages, working conditions, and other employer-employee related laws related to DignityMoves employees , including but not limited to, as applicable, Prevailing Wage Laws.
60684.00011\41944129.1
7 2.4 City Representatives. Ingrid Hardy Assistant C ity Manager shall represent the City as its agent (s), and all written communications given to or by such representative(s) shall be deemed given to or by the City. The City’s representatives may change from time to time by the City by delivery of written notice thereof to DignityMoves.
2.5 Access to Work. The City, DignityMoves and their respective officers, managers, members, representatives, agents and employees shall at all times have access to the Project and the Development Work wherever it is in preparation or progress.
Many Mansions shall have access to the Property in accordance with the Lease. Hope the Mission shall have access to the Property to the extent necessary for evaluating the Project Improvements and planning for intended operations of the Navigation Center.
2.6 Project Payments.
2.6.1 By the fifteenth (15th) day of the following calendar month, DignityMoves shall submit to the City a payment application (“Pay Application”) which shall set forth in detail the value of the Development Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared. DignityMoves shall include any a mount earned for authorized extra work. Each Pay Application shall be supported by evidence which is required by thi s Agreement and such other documentation as the City may reasonably require. DignityMoves and any Contractor who performed the Development Work for which payment is requested shall certify that the Development Work has been done and that the materials listed are stored where indicated. DignityMoves may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
2.6.2 From the total amount requested in a Pay Application , excluding a ll items listed as soft costs in the Development Budget and all items not included in the Contractor’s schedule of values attached to the Contractor’s contract with DignityMoves, a deduction shall be made in the amount of five percent (5%) for retention.
From the remainder a further deduction may be made in accordance with Section 2.6.3, below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of DignityMoves’ progress payment.
2.6.3 The City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) any sums expended by the City in performing any of DignityMoves ’ obligations under any Project Contract which , after written notice and failure to cure within five (5) business days, DignityMoves has failed to perform or has performed inadequately; (2 ) defective Development Work not remedied within five (5) business days of written notice to DignityMoves; (3) stop notices as allowed by state law; (4) reasonable doubt that the Development Work can be completed for within Ten Thousand Dollars ($10,000) of the unpaid balance of the Development Budget or within fifteen (15) days of the scheduled completion date other than by reason of Unavoidable Delays ; (5 ) unsatisfactory prosecution of the Development Work by any 60684.00011\41944129.1
8 Contractor; (6 ) unauthorized deviations from a Project Contract; (7 ) failure of DignityMoves or a Contractor to maintain or submit on a timely basis (in any event within five (5) business days of written notice) proper and sufficient documentation as required by a Project Contract or by the City during the prosecution of the Development Work; (8) erroneous or false estimates by DignityMoves or a Contractor of the value of the Development Work performed; (9) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which DignityMoves or a Contractor is liable under a Project Contract; and (10 ) any other sums which the City is entitled to recover from DignityMoves under the terms of this Agreement or pursuant to state law.
The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums
2.6.4 The City may apply any amounts withheld under Section 2.6.3 to payment of such claims or obligations at its reasonable discretion, unless otherwise required by law. For any such payments, the City shall be deemed the agent of DignityMoves and any payment so made by the City shall be considered as a payment made under contract by the City to DignityMoves and the City shall not be liable to DignityMoves for such payments made in good faith. Such payments may be made without prior judicial determination of c laim or obligations. The City will render DignityMoves a proper accounting of such funds disbursed on behalf of DignityMoves.
2.6.5 Upon receipt, the City shall review the Pay Application to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to DignityMoves as soon as practicable but not later than seven (7) days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within twenty-one (21) calendar days after the receipt of an undisputed and properly submitted payment request ed Pay Application from DignityMoves, provided that a release of liens and claims has been received from DignityMoves, or the applicable Contractor, pursuant to Civil Code section 8132.
2.6.6 All retention amounts shall be paid upon the following: (i) satisfactory receipt of paid invoices, (ii) inspection by City that work has been satisfactorily completed; (iii) a final building inspection passing all building requirements, (iv) expiration of the time for any contractor to file a lien, or waiver of lien approved by City, (v) recording a Notice of Completion, and (vi) Tenant’s written agreement to accept the Improvements without any conditions or objections . The retention amount shall be paid after City confirms all conditions set forth in this sub-paragraph have been satisfied.
2.6.7 The City shall make payments to DignityMoves pursuant to this section by wire transfer to an account established by DignityMoves for the Project, as further agreed upon in writing by the Parties.
2.7 Licensing. DignityMoves has advised the City , and the City acknowledges, that DignityMoves does not hold a Contractor’s State License Board (CSLB) license. DignityMoves shall ensure all Contractors for the Development Work have the required licenses for performing work in California. Notwithstanding the 60684.00011\41944129.1
9 foregoing, nothing in this Agreement or DignityMoves’ performance of any obligations hereunder relieve DignityMoves from any liability for failure to comply with the terms and conditions of this Agreement. DignityMoves shall obtain a business license with the City in accordance with City law.
ARTICLE 3
PERFORMANCE OF THE DEVELOPMENT WORK
3.1 Development Budget.
3.1.1 Approval of Development Budget . DignityMoves represents and warrants that the Development Budget attached hereto as Exhibit B is a reasonable estimate of the costs of the Development Work and on that basis the City approves the Development Budget. Any amendment or change to the Development Budget that would result in an aggregate change in costs for the Project that exceeds ten thousand dollars ($10,000.00) is subject to the City’s written approval. DignityMoves shall advise the City as soon as practical if DignityMoves determines that the amounts set forth in the applicable Development Budget may be exceeded . Any and a ll changes to the Development Budget shall be subject to the City’s prior written approval.
3.1.2 Conformity with Development Budget. DignityMoves shall use commercially reasonable and diligent efforts to enable the Development Work to be completed in conformity with the Development Budget making use of the Funding available therefor; provided, however, in no event shall DignityMoves (a) be required to extend credit or expend funds with respect to the Project or (b) be responsible for the payment of any amounts incurred in excess of the Development Budget, unless such amounts arise from DignityMoves’ negligence, willful misconduct or willful failure to perform its material obligations under this Agreement (beyond any applicable notice and cure period). The City acknowledges that changes to the Project scope may impact the Development Budget.
3.2 Development Schedule and Improvement Plan.
3.2.1 Approved Development Schedule and Improvement Plan .
DignityMoves will perform the Development Work in accordance with the Development Schedule and Improvement Plan . The Development Schedule and Improvement Plan shall be updated by DignityMoves for delays of the overall completion date by more than fifteen (15) days other than by reason of Unavoidable Delays , which shall be subject to the City’s written consent . DignityMoves shall provide the City or its designees such reports as either of them may reasonably request with respect to the progress of the Development Work and the status of the Development Budget. DignityMoves shall provide the City with concurrent copies of Contractor’s monthly applications for payment.
3.2.2 Delay.
3.2.2.1 DignityMoves shall proceed with diligence to perform the Development Work in accordance with the Improvement Plan , the Development Schedule and the Development Budget . If any delay in completion of the Development 60684.00011\41944129.1
10 Work in accordance with the Development Schedule (or other applicable time period as specified herein) occurs due to an Unavoidable Delay, the Project Schedule shall be appropriately modified.
3.2.2.2 INTENTIONALLY DELETED
3.2.3 Notification by DignityMoves. After DignityMoves becomes aware that (i) any action or performance shown in the Development Schedule will be materially delayed beyond the start or completion date that is specified for such action or performance in the Development Schedule or (ii) any changes to the Improvement Plan are necessary or advisable, and at such other times as the City may reasonably request, DignityMoves shall furnish to the City proposed additional or revised schedules with variance explanations a nd/or revisions to the Improvement Plan and/or Development Schedule. If requested by the City, DignityMoves shall submit a written remedial plan of action for recapturing such schedule slippage, together with supporting documentation therefor. The City shall review the proposal with DignityMoves and DignityMoves shall make any necessary revisions thereto as mutually agreed upon during the review.
3.3 Responsibilities of DignityMoves.
3.3.1 General Responsibility . DignityMoves’ general responsibility hereunder as the City’s development manager for the Project shall be to manage, arrange, supervise and coordinate the planning, design, entitlement, permitting, acquisition of materials, development, construction, and completion of the Development Work, in accordance with the Improvement Plan, and to take such actions as the City, may reasonably request within the scope of DignityMoves’ responsibilities in this Agreement. DignityMoves shall make continuous inspections of the work and shall fully understand and supervis e the means, methods, and techniques of construction, regardless if it is under its control or under the control of Third Parties . In furtherance of the foregoing, the Development Work shall consist of the following: all Project Improvements, as set forth in the Plans and Specifications, inclusive of the Tenant Improvements and Permanent Infrastructure.
3.3.2 Project Contracts. DignityMoves shall enter into , or cause to be entered into, any and all contracts for the purpose of carrying out the general responsibilities set forth in Section 3.3.1, including but not limited to all contracts for the acquisition of materials and all contracts for the purpose of developing the Project in accordance with this Agreement (collectively, the “Project Contracts”).
3.3.2.1 Prior to entering into a prime contract with the Contractor, DignityMoves shall provide the proposed prime contract to the City and the City shall have the right to approve or disapprove the prime contract with the Contractor (“Approved General Contractor”). The City shall approve or disapprove the prime contract within ten (10) business days of receipt. DignityMoves shall be solely and exclusively responsible for supervising the Approved General Contractor. 60684.00011\41944129.1
11 3.3.2.2 Prior to entering into a contract for the procurement of the Units, the City shall have at least ten (10) days to review and approve or disapprove any proposed contract or order for the acquisition of the Units.
3.3.2.3 DignityMoves shall request the City’s written consent prior to modifying any Project Contract, through a change order or otherwise, that would result in the Project exceeding the Development Budget. The City shall have five (5) business days to respond and conditionally approve or deny the request, or the request shall be deemed disapproved. The City shall exercise reasonable discretion in the approval or disapproval of any Project Contract, change order requiring its approval under this Section 3.3.2.3, or other modification requiring City approval , and any approval or subsequent payment would be subject to authorization of additional funding by City Council.
3.3.2.4 All Project Contracts secured and executed by
DignityMoves relating to acquisition of materials, design and construction of the Project Improvements shall provide, in form and substance reasonably satisfactory to the City, for the purpose of development of the Project, for the assignment thereof to the City if the City terminates this Agreement. T he City shall be furnished with any such agreement, together with the further agreement of the parties thereto, that if this Agreement is terminated, the City may use any Plans and Specifications for which City has paid for prior to termination without payment of any further sums to any party thereto. In the event of termination of this Agreement, the City shall have all rights and authority to enforce any Project Contracts, Specifications, and Plans. The contract for acquisition of the Units shall state (a) that the Units are being purchased for Many Mansions, subject to the written consent of the City and (b) in the event the City elects to take ownership of the Units, an obligation, subject to payment by the City for the Units, for the Units to be assigned and transferred to the City.
3.3.3 Project Approvals. DignityMoves shall work cooperatively with the City to assist in coordinating the expeditious processing and procurement of any permits and approvals necessary for development of the Project on the Property . The Project shall be developed in accordance with the terms and conditions of this Agreement and all approvals, entitlements and permits that the City or any other governmental body or agency with jurisdiction over the Project or the Property has granted or issued as of the date hereof or may hereafter grant or issue in connection with development of the Project. Construction is expected to commence no later than February 1, 2024.
3.3.4 Construction Plans. DignityMoves has engaged the Architect to prepare construction plans for the Project (the “ Construction Plans”), and together with the Architect and such Consultants and Subcontractors as Architect, DignityMoves, and the City deem necessary, shall cause to be prepared building, grading and landscaping permit applications for the review and approval by the City within fifteen (15) days of the Effective Date. DignityMoves shall be responsible for securing prompt review and comments by the City on any submissions of Construction Plans. DignityMoves shall inform of the City’s comments, and the Architect shall instruct any Subcontractors or Consultants to submit each subsequent revision within ten (10) days of receipt of the 60684.00011\41944129.1
12 City’s comments, to the extent reasonably practicable. As used herein “ Construction Plans” means all construction documents upon which DignityMoves, the Architect, Contractor and any Subcontractors or Consultants shall rely in constructing the Project, and shall include, without limitation, the site Improvement Plan , final architectural drawings, landscaping, exterior lighting and signage plans and specifications, materials specifications, final elevations, and building plans and specifications . Attached hereto is Exhibit “C” (Scope of Development). The Construction Plans and any modifications thereto shall be based upon site plan and the elevations approved by the City, and the approvals issued by the City for the Project, and shall not materially deviate therefrom without the express written consent of City.
3.3.5 Construction Pursuant to Plans. DignityMoves shall oversee the development, design and construction of the Project as herein described, in accordance with the Project Contract(s) and the approved Construction Plans and all other permits and approvals granted by the City pertaining to the Project . DignityMoves shall require all Contractor(s), Subcontractor(s), employees and Consultants performing work related to the Improvements to comply with all directions, rules and regulations of any fire marshal, health officer, building official or other officer of every governmental agency having jurisdiction over the Property or the Project . All design and construction work on the Project shall be performed by licensed contractors, engineers or architects, as applicable. .
3.3.6 General Construction Standards. All construction, alteration, improvement or repair work permitted herein shall be accomplished expeditiously and diligently. DignityMoves shall take all reasonably necessary measures to minimize any damage, disruption or inconvenience caused by such work and make adequate provision for the safe ty and convenience of all persons affected thereby. DignityMoves, or its Contractor(s) shall repair, at its own cost and expense, any and all damage caused by such work, and shall restore the area upon which such work is performed to a condition which is equal to or better than the condition which existed prior to the beginning of such work. Dust, noise and other effects of such work shall be controlled using the best - accepted metho ds customarily utilized in order to control such deleterious effects associated with construction projects in a populated or developed area.
3.3.7 Permits and Approvals. DignityMoves agrees to: (1) acquire in advance all necessary permits, licenses, and approvals from, and making and filing all required notifications and registrations with, the appropriate governmental agencies and utility companies, (2) furnish a copy of all required permits and approvals to the City prior to the commencement of such work, and (3) comply with all conditions of such permit(s) and approvals.
3.3.8 Utility Work . Any work performed by or on behalf of DignityMoves to connect to, repair, relocate, maintain or install any storm drain, sanitary sewer, water line, gas line, telephone conduit or any other public utility service shall be performed in accordance with all applicable laws and regulations. 60684.00011\41944129.1
13 3.3.9 Construction Warranty . DignityMoves shall require the Contractor to provide a warranty that the Project is free of construction defects and non - conformities with the approved Construction Plans for a period of one (1) year from recording the Notice of Completion. DignityMoves shall indemnify and hold City harmless from all damages, losses or claims attributable to the performance of such work , to the extent attributable to DignityMoves’ negligence or willful misconduct . DignityMoves agrees to assist and reasonably cooperate with the City to enforce any rights or remedies, including warranties, against contractors or subcontractors performing Construction or any supplier that provided materials for the Project Improvements. DignityMoves, at any time during the warranty period provided for in this Section 3.3.9 , shall, at its own expense, execute, acknowledge and deliver any further quitclaims, assignments, conveyances and other assurances, documents and instruments of transfer or enforcement of the warranty reasonably requested by the City and shall take any other action consistent with the terms of this DignityMoves that may reasonably be requested by the City for the purpose of construction warranty, or otherwise carrying out the terms of this Agreement. The provisions of this Section 3.3.9 shall survive expiration or earlier termination of this Agreement.
3.3.10 Warranty for the Units . The warranty for the Units shall be subject to the review and written consent of the City. DignityMoves agrees to assist and reasonably cooperate with the City to enforce any rights or remedies arising from the warranty for the Units. DignityMoves, at any time during the warranty period for the Units, shall, at its own expense, execute, acknowledge and deliver any further quitclaims, assignments, conveyances and other assurances, documents and instruments of transfer or enforcement of the warranty reasonably requested by the City and shall take any other action consistent with the terms of this DignityMoves that may reasonably be requested by the City for the purpose of any warranty for the Units, or otherwise carrying out the terms of this Agreement. The provisions of this Section 3.3.10 shall survive expiration or earlier termination of this Agreement.
3.3.11 Labor Requirements . DignityMoves agrees that the Improvements authorized under the Agreement constitute a “public work,” and other activities related to the Project may be considered a “public work,” under Labor Code sections 1720 et seq. DignityMoves hereby acknowledges and agrees that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. For the Improvements, and any other activities, including but not limited to the Services, that are being performed as part of an applicable “public works” or “mai ntenance” project, as defined by the Prevailing Wage Laws, DignityMoves agrees to fully comply with such Prevailing Wage Laws, including but not limited to all requirements to maintain bonds to secure the payment of contractors, and the payment of wages to workers performing the work. DignityMoves shall defend, indemnify and hold City, the City, its elected officials, officers, employees , and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon DignityMoves, its contractors and all 60684.00011\41944129.1
14 subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Cod e Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) debarment of contractors and subcontractors (Labor Code Section 1777.1), and maintaining bonds for the payment of workers ( Labor Code Section 1781 ). For the Improvements, and any other activities performed as part of an applicable “public works” or “maintenance” project, pursuant to Labor Code Sections 1725.5 and 1771.1, DignityMoves and all contractors and subcontractors performing such “public works” must be registered with t he Department of Industrial Relations. DignityMoves, and any contractors or subcontractors, shall maintain registration for the duration of the Project and require the same of any contractors or subcontractors, as applicable. The Project is subject to co mpliance monitoring and enforcement by the Department of Industrial Relations. It shall be DignityMove s’ sole responsibility to ensure compliance by it and Contractor with all applicable registration and labor compliance requirements, as set forth herein and any other Prevailing Wage Laws.
3.3.11.1 DignityMoves, on behalf of itself, its successors, and assigns, waives and releases the City from any right of action that may be available to it pursuant to Labor Code Sections 1726 and 1781. DignityMoves acknowledges the protections of Civil Code Section 1542 relative to the waiver and release contained in this Section 3.3.11.1, which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEM ENT WITH THE
DEBTOR OR RELEASED PARTY.”
BY INITIALING BELOW, DIGNITYMOVES KNOWINGLY
AND VOLUNTARILY WAIVES THE PROVISIONS OF
SECTION 1542 SOLELY IN CONNECTION WITH THE
WAIVERS AND RELEASES OF THIS SECTION.
_____________________
Initialed by DignityMoves
3.3.11.2 Additionally, DignityMoves shall indemnify,
defend (with counsel reasonably acceptable to the City), and hold the City harmless against any claims pursuant to the Prevailing Wages Laws of the Labor Code arising out of violations of such laws by DignityMoves or Contractor in connection with the construction or development of the Project or violations of this Agreement by 60684.00011\41944129.1
15 DignityMoves. The obligations of this Section 3.3.11 shall survive the expiration or any earlier termination of the Agreement.
3.3.12 DignityMoves, or its Contractor(s), shall erect and properly maintain at all times, as required by the conditions and the progress of the Improvements, all necessary safeguards for the protection of workers and the public
3.3.13 During all such work on the Property, DignityMoves shall keep the Property, including all Improvements, free and clear of liens for labor and materials expended by or for D ignityMoves, or on its behalf, and shall hold City harmless and defend City with respect to all such work. Non -compliance with this Section shall constitute a material breach of this Agreement. DignityMoves shall provide written notice to City of the date o f completion of each Improvement constructed by or on behalf of DignityMoves in connection with this Agreement.
3.3.14 The requirements relating to construction set forth herein are those of City as landowner and not as a governmental entity. Nothing in this Agreement shall be construed to entitle DignityMoves to undertake construction of any alterations or improvements without complying with all permitting required by City in its governmental capacity.
3.3.15 Construction Schedule . DignityMoves shall cause construction of the Project to be commenced by starting utility extensions, site preparation and foundation preparation (“Commence Construction”) within three (3) business days of City’s issuance of a grading permit for the Property consistent with the Construction Plans, and the City’s written notice to proceed . DignityMoves and the Architect shall cause construction of the Project to be diligently prosecuted to completion. City’s written notice to proceed is subject to the following: (1) City’s approval of final plans and specifications, (2) City’s approval of the Development Budget, (3) issuance of all required building permits and approvals, (4) City’s written consent to the Project Contract(s) for the Project Improvements, (5) DignityMoves providing the City with certificates of insurance in compliance with this Agreement, and (6) all Contractors having procured performance and labor and material bonds from sureties acceptable to the City.
3.3.16 Bonds, Mechanic’s Liens and Stop Notices . DignityMoves shall require each Contractor to procure performance and labor and materials bonds from sureties acceptable to the City to ensure completion of the Improvements in the estimated amount of the costs. DignityMoves shall ensure that the Contractor keep the Property free from liens arising out of any work performed, materials furnished, or obligations incurred by the Contractor in the performance of its duties hereunder. DignityMoves shall promptly notify the City, and no later than seventy -two (72) hours after discovering, of any mechanics’ lien or other claim that could result in a mechanic’s lien.
3.3.17 Completion. Completion of the Project shall not occur until City provides DignityMoves with written notice that the Improvements have been accepted (“Notice of Acceptance”) , which notice shall not be unreasonably withheld, delayed or conditioned, but shall be issued no later than thirty (30) days if DignityMoves 60684.00011\41944129.1
16 satisfies the conditions for acceptance of the Improvements provided for in this Section
3.3.17. To allow the City to determine whether it will accept the Improvements, upon completion of construction, DignityMoves shall:
3.3.17.1 provide notice to the City of substantial
completion;
3.3.17.2 certify in writing to the City that the
Improvements were built in accordance with this Agreement, Construction P lans, all applicable building codes, and any City conditions of approval;
3.3.17.3 meet with the City within thirty (30) days after substantial completion and provision of the certification described in Section 3.3. 17.2 to inspect the Property and to prepare a punch list of items which City may reasonably require for completion of Construction and which DignityMoves shall complete within thirty (30) days (or such longer period, in no event to exceed ninety (90) days, as may be reasonable for completion of a particular item) to the satisfaction of the City.
3.3.17.4 furnish the City with proof that all contractors and subcontractors were paid and provided unconditional lien releases.
3.3.17.5 provide to the City following the completion of the Improvements, two sets of marked-up as-built plans for the Improvements prepared by the Contractor, or at City’s option, a record drawing reflecting construction prepared by the Project Architect.
3.3.17.6 After completing all punch list items, recording a Notice of Completion.
3.3.18 Upon satisfaction of the conditions of Section 3.3.17, including completion of punch list items DignityMoves, shall have no obligations in connection with the Project, except for the warranty peri ods described in Sections 3.3.9 and 3.3.10, and other obligations that, under the express terms of this Agreement, survive completion of the Project.
3.3.19 Cost of Construction. The costs of designing, developing and constructing the Improvements of the Project and compliance with the Project approvals shall be paid from the Funding, which shall be made available pursuant to this Agreement to DignityMoves for its disbursement and application to the Contractor(s), Subcontractor(s), Consultants and other professionals contributing to the construction of the Project, subject to all rights and remedies under this Agreement.
3.3.20 Equal Opportunity. During the performance of this Agreement, DignityMoves and its agents or employees shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (includ ing language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic 60684.00011\41944129.1
17 characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. DignityMoves and its agents or employees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. DignityMoves and its agents or employees shall comply with the provisions of California’s la ws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the prov isions of Article
9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). DignityMoves and its agents or employees shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
3.3.21 Compliance with Laws . DignityMoves and any other Contractor(s) and Subcontractor(s) engaged by DignityMoves pursuant to this Agreement to carry out the construction of the Project and all subsequent improvements, alterations and replacements, shall perform such construction in a first class and workmanlike fashion in accordance with the Construction Plans and i n accordance with Applicable Laws.
3.3.22 Compliance with Funding Requirements . DignityMoves acknowledges and agrees that the Improvements will be paid for, in part, with funding from the Encampment Resolution Funding Program, authorized by Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (Cal. Health and Safety Code § 50250) (the “ERF Program”), and that DignityMoves shall comply with all requirements of the ERF Program , which are set forth in Exhibit E, which is attached hereto and incorporated herein by reference.
3.3.23 Drug-Free Workplace Certification. DignityMoves agrees that it complies with the requirements of the Drug -Free Workplace Act of 1990 and will take all required actions thereunder, including publication of notices and providing information to employees.
3.4 Ownership of Plans and Specifications. The City is the sole owner of all Plans and Specifications prepared in connection with the Project. Upon any termination of this Agreement, the City shall retain sole custody of all such Plans and Specifications and DignityMoves shall return to the City or destroy any and all copies of such materials upon request by the City.
3.5 Funding and Development Budget . DignityMoves will exercise commercial diligence to complete the Project within the Development Budget. The Parties will work cooperatively and in good faith to accomplish the same in accordance with the Development Budget and Development Schedule as the same may be modified , with written approval from the City , from time to time . Should the amount of Funding be deemed insufficient, in DignityMoves’ determination, to complete the Project in accordance with the Plans and Specification s and pursuant to the Development 60684.00011\41944129.1
18 Schedule, DignityMoves and the City shall meet and confer and either (a) identify and obtain sources of additional funding or (b) agree upon changes to either the Plans and Specifications or the Development Schedule, or both, in order to accomplish cost savings and efficiencies so that the Project can be completed with the available amount of the Funding and such additional funding.
3.6 Approvals and Requests for Consent. Except as specifically provided herein, if at any time DignityMoves requests the approval of the City with respect to any matter relating to the Project, the City shall provide such approval or disapproval within five (5) business Days of receiving written notice of such request (as provided in Section
10.4) of DignityMoves along with any documentation reasonably requested by the City, and if the City does not approve of such request within five (5) business Days , then the City shall be deemed to have disapproved such request.
3.7 Public Communications Regarding the Navigation Center . All public signage, marketing materials, or other promotional materials regarding the Navigation Center shall be subject to the City’s approval and consent.
3.8 Fundraising Activity by DignityMoves . The obligations of DignityMoves under this Agreement do not include fundraising activity. If DignityMoves elects to engage in fundraising activity for the Project, then the fundraising activity shall not encumber the Property, the Project, or create any obligation of the City or the County, and all such activity must comply with all requirements of this Agreement.
ARTICLE 4
AUTHORITY OF DEVELOPMENT MANAGER
4.1 General Authority . DignityMoves shall carry out and discharge the responsibilities and obligations of DignityMoves under this Agreement (including, without limitation, all of the responsibilities imposed upon DignityMoves under Article 3); provided, however, that DignityMoves shall have no right or authority, express or implied, to commit or otherwise obligate the City in any manner whatsoever except to the extent specifically provided herein or specifically authorized in writing by the City.
ARTICLE 5
PROGRESS MEETINGS; REPORTING REQUIREMENTS
5.1 Progress Meetings . At the City ’s request, DignityMoves shall schedule and attend meetings with the City, or its designees, to discuss the progress of the development and construction of the Project . At such meetings DignityMoves shall provide the City with any update s to the Development Schedule, Development Budget and Improvement Plan as reasonably requested by the City . The City shall designate a representative by providing written notice to DignityMoves, which may be changed by the City at any time with written notice.
60684.00011\41944129.1
19 5.2 Third Party Information. DignityMoves shall furnish to the City, from time to time, promptly after the City’s request, a current list of all of Third Parties employed or under contract in connection with the Development Work.
5.3 Books and Records . Electronic copies of DignityMoves correct and complete books of account and business records in which all transactions respecting the Development Work shall be entered. Such accounts and records shall be kept by DignityMoves on an accrual basis and in all respects in a manner consistent with generally accepted accounting principles and practices consistently applied . DignityMoves shall preserve all such records for a period of five (5) years . Such books shall be open at all reasonable times for inspection or copying by the City, County, State , and its agents, employees, members and representatives. The books shall be audited as directed by the City.
ARTICLE 6
INSURANCE
6.1 Insurance General. During the period of construction, including any demolition, excavation or other preconstruction activities, DignityMoves shall provide insurance required by Sections 6.1.2, 6.1.3, 6.1.4, and 6.1.5, below. In addition, DignityMoves shall (a) require any Contractor to provide all insurance required set forth in this Section 6.1, and (b) require the prime contract with any Contractor to require Subcontractors to provide all insurance set forth in this Section 6.1. Such insurance shall be primary to and not contributing with any other insurance maintained by the City, shall name the City and County as additional insureds, and shall include, but not be limited to:
6.1.1 Course of Construction/Builder’s Risk Insurance, including flood and earthquake coverage (if commercially reasonable to obtain), covering the entire work against loss or damage until completion to be provided by the Approved General Contractor, and acceptance by the City, as evidenced by the issuance of a Notice of Acceptance pursuant to this Agreement. Such insurance shall be in an amount equal to the replacement value of all Improvements on the Property and endorsed for broad form property damage, breach of warranty, and explosions, collapse and underground hazards, as approved by the City. Reasonable deductibles will be allowed.
6.1.2 Commercial General Liability (CGL): DignityMoves and each Contractor or Subcontractor shall provide a policy of standard form commercial general liability insurance, including coverage for bodily injury, property damage, including products and completed operations, contractual liability coverage, as well as “personal and advertising injury” liability occa sioned by any occurrence in, on, about, or related to the Property in an amount not less than ONE MILLION DOLLARS ($ 1,000,000.00) per occurrence; and TWO MILLION DOLLARS ($ 2,000,000) in the aggregate maximum.
Each policy shall include an endorsement under such policy with respect to liability arising out of work or operations performed by or on behalf of DignityMoves, or its employees, agents, contractors, subcontractors, or consultants, including, but not limited to, materials, parts, or equipment furnished in connection with such work or operations. 60684.00011\41944129.1
20 6.1.3 Comprehensive Auto Liability Insurance : DignityMoves and each Contractor or Subcontractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of DiginityMoves, their contractors, partners, officers, employees and agents arising out of or in connection with work to be performed under this agreement.
Such policies shall be in an amount of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit for each accident including coverage for any owned, hired, non-owned or rented.
6.1.4 Workers’ Compensation Insurance : DignityMoves and each Contractor or Subcontractor shall maintain Workers’ Compensation Insurance as required by the State of California, with a limit of no less than ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease. Workers’ Compensation insurance must cover all employees on the Property. DignityMoves shall be responsible for the insurance coverage as herein provided of all employees of DignityMoves.
6.1.5 Professional Liability . DignityMoves and each Contractor o r Subcontractor shall, at their sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim, TWO MILLION DOLLARS ($2,000,000) aggregate, with tail coverage for an extended reporting period of three (3) years.
6.2 Pollution Insurance. DignityMoves shall require the Contractor to use its best efforts to obtain a Contractor's Pollution Liability insurance policy, with policy coverage and limits subject to prior written approval of the City and endorsed to name the City, County, their officials, officers, employees, consultants, and volunteers as additional insureds. DignityMoves shall require the general contractor to obtain, secure, and maintain in full force and effect such policy throughout the duration of work on the Property. DignityMoves shall pay any additional premium attributable to such coverage.
Premiums for all policies of insurance required to be maintained by DignityMoves under this Agreement shall be paid by DignityMoves unless otherwise provided in this Agreement or in the Development Budget.
6.3 Umbrella/Excess Coverage . DignityMoves shall maintain umbrella/excess liability coverage on an “occurrence” basis, with a combined single limit for bodily injury and property damage of Five Million Dollars ($ 5,000,000.00) covering general liability and automobile liability.
6.4 Proof of Coverage.
6.4.1 All policies required hereunder shall be with companies having a Best's A -/VIII rating. Copies of all policies of insurance or certificates thereof shall be delivered to City.
6.4.2 The Course of Construction/Builder’s Risk, Commercial General Liability, Comp rehensive Automobile Liability, Professional Liability, Pollution 60684.00011\41944129.1
21 and Umbrella/Excess Coverage policies of insurance or certificates shall be endorsed to reflect that City and County, and their officers, officials, employees, consultants, volunteers and agents have been named as additional insureds through a policy endorsement.
6.4.3 Each policy of insurance shall reflect by policy endorsement that they are primary and non-contributory for any covered loss. Each policy of insurance shall reflect by policy endorsement a waiver of subrogation rights against any additionally insured party.
6.4.4 As often as any such policies shall expire or terminate, renewal or additional policies shall be procured and maintained in like manner and to like extent. All policies of insurance must contain a provision that the company writing such policy will give both parties thirty (30) days' advance written notice of any cancellation or lapse of the effective date or any reduction in the amounts of insurance. If DignityMoves fails to purchase, renew or maintain any insurance policies required herein, the City shall have the right to so purchase any such insurance and receive reimbursement of the premium from DignityMoves. DignityMoves agrees that if DignityMoves does not maintain any insurance policy required under this Agreement or fails to pay any premiums when due, the City may, at its election, either terminate this Agreement, or require that DignityMoves immediately obtain the necessary insurance and pay the premium.
6.5 Other Insurance. Nothing in this Article 6 shall prevent DignityMoves from carrying insurance of the kind required of DignityMoves under a blanket insurance policy or policies, which cover other properties owned or operated by DignityMoves; nor shall anything in this Article 6 prohibit the City from carrying additional insurance covering the Property or improvements thereon or appurtenant thereto. DignityMoves shall furnish the City with copies of a schedule or makeup of all property affected by any such policy of blanket insurance within thirty (30) days after the filing of such schedule or makeup with the appropriate filing body.
6.6 Waiver of Claims/Subrogation . To the extent permitted under their policies and applicable law, DignityMoves and the City agree that regarding any loss or claim that is covered by insurance then carried by either DignityMoves or the City, (a) the party carrying such insurance and suffering such loss releases the other party of and from any and all claims regarding such loss to the extent of the insurance proceeds paid with respect thereto and specifically excepting from such release any deductible required t o be paid; and (b) their respective insurance companies shall have no right of subrogation against the other or their respective agents, contractors, employees, licensees, or invitees on account thereof.
ARTICLE 7
COMPENSATION OF DEVELOPMENT MANAGER
DignityMoves shall be compensated by a development fee equal to Four Hundred Thousand Dollars ($400,000) (the “Development Fee”) in accordance with the schedule of payments reflected in the Development Budget and as set forth herein . As of the 60684.00011\41944129.1
22 Execution Date of this Agreement, City has paid DignityMoves ____________________ Dollars ($_______) of the Development Fee. Within ten (10) days of the Execution Date of this Agreement, City shall pay _____________________($_________). The balance of ___________ ($___________) shall be paid in accordance with the Development Schedule and upon approval of a corresponding Pay Application that demonstrates work completed. In addition, DignityMoves shall be entitled to reimbursement of all its actual incurred Project Costs, subject to conformity with the Development Budget, as may be modified in accordance with the terms of this Agreement.
ARTICLE 8
FUNDING FOR PROJECT
8.1 Costs to be Paid With Funding. Project Costs, which are to be sourced by the Funding and such additional funding sources as the Parties may identify and secured as described above, but subject to the terms and conditions set forth in this Agreement, shall include the following general categories as set forth in the Development Budget:
8.1.1 The cost of procuring and installing the Units and all materials for the Project Improvements;
8.1.2 All costs for architectural, legal, accounting, engineering and other consultant services and for soils , geological, and toxic and hazardous waste studies, and any environmental studies;
8.1.3 All construction costs, including labor and material costs and equipment rental and repair, and the costs to maintain the Property as provided in this Agreement, and all costs incurred under the Project Contracts;
8.1.4 All Governmental licenses and fees relating to the Project, costs to process, obtain and maintain the Entitlements, all real and personal property taxes imposed against the Property and Project and all bonds or deposits required in connection with the development of the Project;
8.1.5 The premiums on any insurance required to be carried by the City or DignityMoves pursuant to this Agreement to the extent properly allocable to the Project (but excluding workers’ compensation insurance); and
8.1.6 All other costs incurred in connection with the Development Work.
ARTICLE 9
REPRESENTATIONS AND WARRANTIES
9.1 Representations and Warranties of DignityMoves. DignityMoves hereby represents and warrants to the City as follows:
60684.00011\41944129.1
23 9.1.1 Formation; Qualification . DignityMoves is a nonprofit corporation, duly formed, validly existing and in good standing under the laws of the State of California.
9.1.2 Authorization; Binding Agreement. DignityMoves has taken all action required to allow DignityMoves to enter into this Agreement . This Agreement constitutes a legal, valid and binding obligation of DignityMoves (subject to creditors’ rights and any applicable bankruptcy laws), and neither its execution nor performance violates the requirements of any other agreement to which DignityMoves is a party or is otherwise bound.
9.1.3 Resources. DignityMoves has and shall maintain at all times during the Term sufficient facilities, expertise, staff, assets and other resources to perform its duties under this Agreement.
9.2 Representations and Warranties of the City . The City hereby represents and warrants to DignityMoves as follows:
9.2.1 Formation; Qualification. The City is a general law city duly formed and validly existing under the laws of the State of California.
9.2.2 Authorization; Binding Agreement . The City has taken all action required to allow the City to enter into this Agreement, and this Agreement constitutes a legal, valid and binding obligation of the City (subject to creditors’ rights and any applicable bankruptcy laws).
ARTICLE 10
OWNERSHIP OF IMPROVEMENTS
10.1 Ownership of the Permanent Infrastructure . City shall be the sole owner of the Permanent Infrastructure.
10.2 Ownership of the Tenant Improvements. DignityMoves shall acquire all materials for the Tenant Improvements on behalf of Many Mansions, provided that the City has the right to approve and consent to the Units, the Construction of the Tenant Improvements, and the final acceptance of the Tenant Improvements. If the City rejects or disapproves the Tenant Improvements pursuant to Section 3.3.17, in accordance with this Agreement, then Many Mansions shall have no right of ownership. Upon acceptance of the Tenant Improvements pursuant to Section 3.3.17, Many Mansions shall be the sole owner of the Tenant Improvements. DignityMoves, or its Contractors, shall execute any required document or instrument to effectuate a transfer to Many Mansions.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Remedies Cumulative. No remedy herein reserved is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and 60684.00011\41944129.1
24 shall be in addition to any other given in this Agreement or as now or hereafter existing or at law, equity or by statute.
11.2 Nonwaiver. The failure of either party to notify the other of any default under this Agreement shall not be deemed to be a waiver of any continuing default of any term, covenant or condition set forth in this Agreement, nor of such party’s right to declare a default for any such continuing breach, and the failure of either party to insist upon strict performance of any of the terms, covenants or conditions of this Agreement, or to exercise any option in this Agreement in any one or more in stances, shall not be construed as a waiver or relinquishment of any such terms, covenants, conditions or options, but the same shall be and remain in full force and effect,
11.3 Successors and Assigns . Neither party may assign this Agreement in whole or in part, or any interest herein, without the other party ’s prior written consent, which may be withheld in such party ’s sole and absolute discretion . Any assignment without such consent shall be void and of no effect. The rights and obligations of the parties hereunder shall, subject to the limitations on assignment contained in this Section, be binding upon, and inure to the benefit of, the successors and assigns of the City and DignityMoves.
11.4 Written Notice . For purposes of this Agreement, notices will be deemed to have been given upon personal delivery thereof, three (3) Business Days after having been deposited in the United States mail, postage prepaid and properly addressed, one (1) Business Day after havi ng been sent by Federal Express or other similar overnight delivery service or upon confirmation if sent by facsimile or email. Any party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one set forth below.
The City: City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn.: Andrew P. Powers, City Manager
Email: [email protected]
DignityMoves: Dignity Moves
2406 Bush Street
San Francisco, CA 94115
Attn: Marge Cafarelli, Chief Real Estate
Officer; Elizabeth Funk, CEO;
Email: [email protected];
[email protected];
Many Mansions: Many Mansions
1259 E. Thousand Oaks Blvd.
Thousand Oaks, CA 91362
60684.00011\41944129.1
25 Attn: Rick Schroeder
Email: [email protected]
11.5 Severability. Should any one or more provisions set forth in this Agreement for any reason be held invalid, illegal or unenforceable in any respect, any such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been incorporated therein provided that the deletion of such provision does not materially alter this Agreement.
11.6 No Third -Party Beneficiaries . This Agreement is not intended and shall not be deemed or construed to confer any rights, powers or privileges on any person, firm, partnership, corporation or other entity not a party hereto except as may be expressly provided herein to the contrary.
11.7 Exhibits and Headings; Construction. The Exhibits attached or to be attached hereto shall be construed with and as integral parts of this Agreement to the same extent as if the same had been set forth verbatim herein . The titles and headings of articles and sections of this Agreement are intended for convenience only and shall not in any way affect the meaning or construction of any provision of this Agreement. As used herein: (i) the singular shall include the plural (and vice versa) and the masculine or neuter gender shall include the feminine gender (and vice versa) where the context so requires; (ii) locative adverbs such as “herein,” “hereto,” and “hereunder” shall refer to this Agreement in its entirety and not to any specific Section or paragraph; (iii) the terms “include,” “including,” and similar terms shall be construed as though followed immediately by the phrase “but not limited to;” and (iv) “shall,” “will” and “must” are mandatory and “may” is permissive.
11.8 Oral Agreements . No oral order, objection, claim or notice by any party to the other shall affect or modify any of the teens or obligations contained in this Agreement, and none of the provisions of this Agreement shall be held to be waived or modified by reason of any act whatsoever, other than by an express waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.
11.9 Counterparts. This Agreement may be executed in any number of counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such counterparts should constitute one and the same agreement.
11.10 Governing Law. This Agreement shall be governed by the internal laws of the State of California without regard to choice of law rules.
11.11 Merger. All prior understandings and agreements between the parties respecting this relationship, are merged into this Agreement, which Agreement fully and completely expresses the agreement of the parties, and there are no 60684.00011\41944129.1
26 representations, warranties or agreements except as specifically and expressly set forth herein and in the Exhibits annexed hereto.
11.12 Time. Time is of the essence of this Agreement and each provision hereof of which time is an element.
11.13 Parties’ Relationship. No provisions of this Agreement shall be intended to create a n agency, partnership or joint venture or other similar relationship between the City and DignityMoves with respect to the Project, and neither party shall have the power to bind or obligate the other party, except as expressly set forth in this Agreement. Neither this Agreement nor any communication or other action between the parties relating to the Project, is intended or shall be construed to create a joint venture, partnership or other similar relationship between DignityMoves and the City . The employees of DignityMoves or Many Mansions shall not be considered employees or agents of the City.
11.14 Hold Harmless. DignityMoves shall hold harmless City and County , and their respective officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) incurred by DignityMoves, except for the Project Costs or other costs or expenses to the extent the same are express obligations of the City under this Agreement or to the extent such loss or damage which was caused by the sole negligence or willful misconduct of the City. The obligation set forth herein shall survive the expiration or any earlier termination of the Agreement.
11.15 Indemnity. To the furthest extent permitted by law, DignityMoves agrees to protect and does hereby agree to indemnify, defend and hold the City and County, their officials, employees, contractors, invitees, and agents harmless from all demands, liability, claims, act ions and damages to any person or property, costs and expenses (including, but not limited to, reasonable attorneys ’ fees) arising out of or connected with: (i) a default by DignityMoves of its obligations under this Agreement, or (ii) negligence, fraud or willful misconduct of DignityMoves, its officials, officers, employees, contractors, consultants, volunteers, or any other agents. Notwithstanding the foregoing, DignityMoves’ indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense to the extent arising from the sole or active negligence or willful misconduct of the City or the City’s officials, agents, employees, or independent contractors who are directly responsible to the City , or for defects in design furnished by those persons. The obligations set forth herein shall survive the expiration or any earlier termination of the Agreement.
Dignity Moves shall require the Contractor to protect and indemnify, defend and hold the City and County, their officials, employees, contractors, invitees, and agents harmless from all demands, liability, claims, actions and damages to any person or property, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or connected with negligence, fraud or willful misconduct of Contractor its officials, officers, employees, contractors, subcontractors, consultants, volunteers, or any 60684.00011\41944129.1
27 other agents. Notwithstanding the foregoing, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense to the extent arising from the sole or active negligence or willful misconduct of the City or the City’s officials, agents, employees, or independent contractors who are directly responsible to the City , or for defects in design furnished by those persons. The obligations set forth herein shall survive the expiration or any earlier termination of the Agreement.
11.16 Advice of Counsel . Each party represents and warrants that it has received the advice of independent counsel of its own choosing with respect to the meaning and effect of this Agreement. No provision of this Agreement shall be construed in favor of or against any party on the ground that such party or its counsel drafted the provision.
11.17 Termination.
11.17.1 Either party may terminate this Agreement for cause immediately upon written notice to the other party. In the case of a termination by the City, “cause” shall mean (i) a breach by DignityMoves of any material obligation under this Agreement that, if curable, is not cured by DignityMoves within five (5) business days’ written notice (or, if more than five (5) business days is necessary for cure, within a reasonable period not to exceed thirty (30) days following written notice, provided DignityMoves immediately commences to cure and diligently prosecutes the cure to completion); (ii) gross negligence or wil lful misconduct by DignityMoves in connection with the performance of its obligations under this Agreement; or (iii) bankruptcy of DignityMoves. In the case of a termination by DignityMoves, “cause” shall mean (i) a breach by the City of any material obligation under this Agreement that, if curable, is not cured by the City within five (5) business days’ written notice (or, if more than five (5) business days is necessary for cure, within a reasonable period not to exceed thirty (30) days following written notice, provided the City immediately commences to cure and diligently prosecutes the cure to completion); or (ii) gross negligence or willful misconduct by the City in connection with the performance of its obligations under this Agreement. If City terminates this Agreement for cause, City may reduce payment to DignityMoves in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against DignityMoves.
11.17.2 In the event this Agreement is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Agreement is terminated as provided, Ci ty may require DignityMoves to provide the Plans and Specifications, and all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by DignityMoves, or its consultants, contractors, or other agents, in connection with its performance of this Agreement, except that DignityMoves shall only be obligated to provide materials for which City has paid or tendered payment. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. DignityMoves shall only be entitled to compensation for actual costs incurred in accordance with this Agreement, and shall not be entitled to 60684.00011\41944129.1
28 payment for unperformed work including, without limitation, any overhead and profit on the portion of the work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of work. In the event of a termination by the City, DignityMoves shall execute any and all instruments required to effectuate an assignment of the Project Contracts, the Plans and Specifications, or any other rights and remedies to the City. In the event of a termination by DignityMoves pursuant to Section
11.17.1, DignityMoves shall be entitled to its actual costs incurred by reason of such termination.
11.18 Remedies on Breach. Upon a breach of this Agreement , the non - defaulting party shall have the authority to exercise any and all rights and remedies available at law or in equity, including, without limitation, the right to terminate this Agreement upon ten (10) days’ written notice to the other.
11.19 Attorneys' Fees. In the event that any action is brought by either party hereto as against any other party hereto for the enforcement or declaration of any right or remedies in or under this Agreement or for the breach of any covenant or condition of this Agreement, then and in that event the prevailing party shall be entitled to recover, and the other party agrees to pay all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys' fees.
11.20 Disclaimer of Partnership . It is expressly understood and agreed that City does not in any way nor for any purpose become a partner of DignityMoves or a joint venturer with DignityMoves in the conduct of DignityMoves’ business or otherwise.
11.21 Venue and Choice of Law . Any claim or litigation arising from this Agreement shall be brought in the County of Ventura and determined in accordance with the laws of the State of California.
11.22 Counterparts. This Agreement may be executed in any number of counterparts and by different signatories hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same instrument, for the same effect as if all signatories hereto had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.
11.23 Amendment; Modification . No supplement, modification, or amendment that materially alters the terms of this Agreement shall be binding unless executed in writing and signed by both Parties. Notwithstanding the foregoing, the Parties agree that the City Manager shall have sole discretion and authority to make amendments or modifications to this A greement that do not materially alter the obligations contained herein.
[SIGNATURES ON FOLLOWING PAGES]
60684.00011\41944129.1
29 IN WITNESS WHEREOF, the undersigned have executed this instrument effective as of the date set forth above.
THE CITY:
CITY OF THOUSAND OAKS
By: _______________
Name: Andrew P. Powers_________________
Title: City Manager_______________________
ATTEST:
City Clerk for the City of Thousand Oaks
By:
Name: ____________________________________
Title:
APPROVED AS TO FORM:
__________________________________________
By:
Name: ____________________________________
Title:
60684.00011\41944129.1
30 DIGNITYMOVES:
DIGNITYMOVES,
a California nonprofit corporation
By: ________________
Elizabeth Funk, CEO
PORTION OF
APN #667 -0-080-105
LINE TABLE
EXHIBIT "A"
LINE BEARING LENGTH
L1 N79° 55'36"W 30.00' Radial
CURVE TABLE
CURVE DELTA RADIUS LENGTH
C1 28°00'00" 35.00' 17.10'
C2 56°00'00" 50.00' 48.87'
�\\ \\ \\ \\JAREA OF LEASE
- - -- - -
80 40 0 40 80
1"=80' GRAPHIC SCALE
Client Name: City of Thousand Oaks
Address: 1205 Lawrence Dr.
Job Name: DMTO
Date: January 11, 2024
# of Beds 30
HARD COSTS & CONTINGENCY: Quantity ESTIMATE Quantity ESTIMATE SUBTOTAL GC COST: SUBTOTAL GC COST: $2,678,033 SUBTOTAL GC COST: $697,094 Fire Road (a-la-carte): $172,222
Fire Water line: $442,000
Electrical/Data Future line: $83,000
Site Cleaning (Progress & Final): $3,500 $1,500
General Conditions: $213,326 Included
Profit & Overhead: 7% $265,813 7% Included
Performance Bond 1% $32,959 1% Included
Libility Insurance & Warranty 1% $60,483 2% Included
Owner Contingency: ### $267,803 ### $69,709
SUBTOTAL GC FEES & CONTINGENCY: GC FEES & CONT.: $843,884 GC FEES & CONT.: $71,209 Mod Pod Mod Pod
Sleeping Units Sleeping and Access. $2,079,855 Sleeping and Access. $586,600 Fire Suppression System Wet Sprinkler $125,000 Wet Sprinkler $55,000 Modular Design Mod Pod Design $150,000 Mod Pod Design included Accessory Buildings 3% contingency $57,955 3% contingency $15,588 SUBTOTAL MODULAR UNITS: MODULAR UNITS: $2,412,810 MODULAR UNITS: $657,188 TOTAL HARD COSTS & CONTINGENCY: HARD COSTS: $6,631,949 HARD COSTS: $1,425,491
SOFT COSTS
Design Allowance (including consultants) $413,311 $0
Design Contingency ### $267,803 $0
Permit Allowance Allowance $67,385 Allowance $10,000
School Fees $56,680 $0
FFE $36,400 $8,500
LV Allowance (internet/security) $125,000 $25,000
Community Outreach $75,000 $0
Legal Fees $10,000 $0
Builder's Risk Insurance $25,000 $8,333
General Liability Insurance $10,500 $3,500
MEP Commissioning $27,500 $2,500
TOTAL SOFT COSTS & FFE: SOFT COSTS: $1,114,579 SOFT COSTS: $57,833 TOTAL PROJECT COSTS:
SUBTOTAL HARD COSTS & CONTINGENCY $6,631,949 $1,425,491 SUBTOTAL SOFT COSTS & FFE $1,114,579 $57,833
DIGNITY MOVES DEVELOPMENT FEE $400,000 $0
TOTAL PROJECT COST: TOTAL: $8,146,529 TOTAL: $1,483,325
MODULAR UNITS
GC FEES & CONTINGENCY
7 Months @ $35,554 3 Months @ $35,554
VE Plan Phase One 30 VE Plan Phase Two 20
Exhibit B
Client Name:
Address:
Job Name:
Date:
# of Units
Swinerton Staples Variance
GC COSTS & FEES
General Requirements 32,190$
644 $ -$ -$ -$ -$
Masonry 39,840$ 797 $ -$ -$ -$ -$
Earthworks - Grading 652,176$ 13,044 $ -$ -$ -$ -$ Site Concrete 699,090$ 13,982 $ -$ -$ -$ -$
Asphalt 11,970$ 239 $ -$ -$ -$ -$
Metal Fabrications 15,000$ 300 $ -$ -$ -$ -$ Site Furnishings 11,200$ 224 $ -$ -$ -$ -$ Carpentry & Millwork -$ -$ (344,725)$ (6,895)$ 344,725$ REMOVED From Both Assembly of MOD POD Deck system 75,000$ 1,500 $ 75,000$ 1,500 $ -$ Allowance ADDED to Both Fences and Gates 92,710$ 1,854 $ -$ -$ -$ -$ Landscaping 86,200$ 1,724 $ -$ -$ -$ -$
Site Utilities 925,500$ 18,510 $ -$ -$ -$ -$
Painting 1,080$ 22 $ -$ -$ -$ -$
Site Construction Costs -$ -$ 1,496,065$ 29,921 $ -$ -$ Building Construction Costs -$ -$ 1,451,693$ 29,034 $ -$ -$ Phase two -$ -$ 697,094$ 13,942 $ -$ -$
Plumbing 45,500$ 910 $ -$ -$ -$ -$
Electrical 605,750$ 12,115 $ -$ -$ -$ -$
SUBTOTAL GC COST: 3,293,206$ 65,864 $ 3,375,127$ 67,503 $ (81,921)$ (1,638)$ Site Cleaning (Final): 3,630$ 73 $ 3,630$ 73 $ -$ -$ General Conditions: 181,680$ 3,634 $ 213,326$ 4,267 $ (31,646)$ (633)$ Pre-Construction Services: 19,827$ 397 $ 19,827$ 397 $ -$ -$ Bond, GL Ins. Builders Risk & SDI: 75,361$ 1,507 $ 93,442$ 1,869 $ (18,081)$ (362)$ Overhead: 5% 197,937$ 3,959 $ 7.25% 265,813$ 5,316 $ (67,876)$ (1,358)$ SUBTOTAL GC COST & FEES: 3,771,641$ 75,433 $ 3,971,165$ 79,423 $ (199,524)$ (3,990)$ GC Contract Contingency: 5% 188,582$ 3,772 $ 5% 198,558$ 3,971 $ (9,976)$ (200)$ TOTAL GC COST, FEES & CONTINGENCY: 3,960,223$ 79,204 $ 4,169,723$ 83,394 $ (209,500)$ (4,190)$ Fire Road (Including all fees) 602,186$ 12,044 $ 198,222$ 3,964 $ 403,964$ 8,079 $ 4,562,409$ 91,248 $ 4,367,945$ 87,359 $ 194,464$ 3,889 $ Combined - Phase one & two
January 11, 2024
50 DMTO
City of Thousand Oaks
1205 Lawrence Dr
Exhibit B
A. SEE G SHEET SERIES FOR SYMBOLS,
A
BBREVIATIONS, GENERAL NOTES & TYPICAL
MOUNTING LOCATIONS, HEIGHTS AND ALIGNMENTS.
B. GC TO VERIFY LIMITS OF DEMOLITION SCOPE WITH
NEW CONSTRUCTION SCOPE PRIOR TO
COMMENCING WORK.
C. SEE CONSULTANT AND VENDOR DRAWINGS FOR
RELATED SCOPE OF WORK AND ADDITIONAL
INFORMATION. ARCHITECTURAL DRAWINGS TAKE
PRECEDENCE ON LOCATION OF DEVICES.
D. ALL DIMENSIONS ARE BASED OFF OF THE FACE OF
FINISH.
E. ALL NEW PENETRATIONS AND OPENINGS IN THE
BUILDING ENVELOPE SHALL BE SEALED TO LIMIT
INFILTRATION AND EXFILTRATION. PATCH
WATERPROOFING TO MAINTAIN WATER TIGHT
BUILDING ENVELOPE.
F. COORDINATE AND ALIGN ALL ACCESS PANELS WITH
NEW CONSTRUCTION. WHERE ACCESS PANELS
CONFLICT WITH CONSTRUCTION, RELOCATE
PANELS AS REQUIRED. VERIFY LAYOUT WITH
ARCHITECT PRIOR TO INSTALLATION.
10' SIDE YARD SETBACK
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
LAWRENCE DRIVE
SCE EASEMENT
NO DOCUMENTED EASEMENT, PER CIVIL
ASSUMED 5' OFFSET FROM CL OF STORM DRAIN
OUTDOOR DINING
LOOSE FURNITURE
WITH UMBRELLAS
ELECTRICAL
UTILITY
TRASH
OUTDOOR
RECREATION
LOOSE FURNITURE
WITH UMBRELLAS
FIRE LANE FIRE LANE
CHECK
-IN
IT
RR LAUNDRY CLINIC
BREAKROOMDINING DINING
LOADING
DOG RUN RR RRRR RRRR
EXTERIOR RESIDENT STORAGESMOKING
AREA
OUTDOOR
RE
CREATION
LOOSE FURNITURE
WITH UMBRELLAS
STORAGE STORAGE INTAKE
OFFICE
OFFICE
01 01
02 05
07 09
12 13
14 15
15 18 18
20 21
22 23
25 26
29 29
30 30
31 31
32 22
0707
02 082427 29
29 15
15 16
31 12
15 0604 0404 11
10 03
03 03
10 03
03 03
03 03
03 PHASE 2
PHASE 1
28 SHEET NOTES GENERAL NOTES
AHJ Stamps
© Gensler
Date Description
Project Name
Project Number
Description
Scale
2023
NOT FOR
CONSTRUCTION
Tel +1 415.433.3700
Fax +1 415.836.4599
220 Montgomery Street
Suite 200
San Francisco, CA 94104
USA
Seal / Signature
CIVIL ENGINEER
255 Shoreline Drive, Suite 200
Redwood City, CA 94065
Tel 650.482.6300
MEP ENGINEER
48 Golden Gate Avenue
San Francisco, CA 94102
Tel 415.544.7200
STRUCTURAL ENGINEER
375 Beale Street, Suite 500
San Francisco, CA 94105
Tel 415.392.6952
LANDSCAPE ARCHITECT
833 Haight Avenue
Alameda, CA 94501
Tel 510.864.1303
As indicated
1/10/2024 5:11:50 PM
Autodesk Docs://001.2499.000 - DignityMoves - Thousand Oaks /01.2499.000 - Dignity Moves - Thousand Oaks - R22.rvt A1.01
CONSTRUCTION PLAN
01.2499.000
Dignity Moves - Thousand
Oaks
DignityMoves
Thousand Oaks
1205 Lawrence Drive
Thousand Oaks, CA 91320
01 PARKING. 14 STALLS TOTAL, 2 ACCESSIBLE, 1 VAN ACCESSIBLE 02 ALTERNATIVE ACCESSIBLE POINT OF EGRESS
03 PREFABRICATED RESIDENTIAL BUILDING. TWO ROOMS PER MODULE. TOTAL OF 9 MODULES.
RAISED LANDING AT ENTRY. DECKING MATERIALS TO MEET WUI STATE FIRE MARSHAL LIST OF APPROVED PRODUCTS. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE
INFORMATION
04 PREFABRICATED ACCESSIBLE RESIDENTIAL BUILDING. TWO ROOMS PER MODULE. TOTAL OF 3 MODULES. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
05 PREFABRICATED ACCESSIBLE CHECK-IN BUILDING. ONE ROOM PER MODULE. TOTAL OF 1 MODULE. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. 06 PREFABRICATED ACCESSIBLE OFFICE BUILDING. TWO ROOMS PER MODULE. TOTAL OF 1 MODULE. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
07 PREFABRICATED SHOWER & RESTROOM BUILDING. ONE ROOM PER MODULE. 50% OF QUANITY TO MEET ACCESSIBILITY REQUIREMENTS, PER 11B. TOTAL OF 5 MODULES. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
08 8' X 10' CONEX SHIPPING CONTAINER W/ OPERATOR PROVIDED BUG ZAPPER 09 PREFABRICATED ACCESSIBLE LAUNDRY BUILDING. ONE ROOM PER MODULE. TOTAL OF 2 MODULES. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. 2 ACCESSIBLE WASHER, 2 ACCESSIBLE DRYER, 4 STACKED WASHER/DRYER COMBINATION UNITS 10 PREFABRICATED RESIDENTIAL COUPLES BUILDING. ONE ROOM PER MODULE. TOTAL OF 2 MODULES. RAISED LANDING AT ENTRY. DECKING MATERIALS TO MEET WUI STATE FIRE MARSHAL LIST OF APPROVED PRODUCTS. REFERENCE MODULAR FABRICATOR DRAWINGS FOR
MORE INFORMATION
11 PREFABRICATED ACCESSIBLE RESIDENTIAL COUPLES BUILDING. ONE ROOM PER MODULE.
TOTAL OF 1 MODULE. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01 12 BICYCLE RACKS TO ACCOMODATE 16 BIKES. TOTAL OF 2.
13 PREFABRICATED ACCESSIBLE CLINIC BUILDING. ONE ROOM PER MODULE. TOTAL OF 1 MODULE.
REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
14 TRASH ENCLOSURE WITH CURB TO ACCOMODATE 4 4-CUBIC YARD DUMPSTERS. FINAL DETAILS TO BE DETERMINED BY TRASH HAULER.
15 6' HIGH FENCING, REFERENCE SHEET A2.01
16 EXTERIOR RESIDENT STORAGE SURROUNDED BY FENCING, SEE SHEET NOTE 29. WITHIN ENCLOSURE, 65 GALLON STORAGE CONTAINERS PROVIDED FOR EACH RESIDENT. ACCESSED BY STAFF ONLY.
18 ALL WEATHER SURFACE FIRE LANE AND ACCESS TO BATTERY STORAGE FACILITY AT WESTERN END OF PROPERTY. 20' WIDE MINIMUM
20 PREFABRICATED ACCESSIBLE STAFF BREAKROOM BUILDING. ONE ROOM PER MODULE. TOTAL OF 1 MODULE. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
21 DOG RELIEF WITH PET WASTE STATION, 4'-0" HIGH CHAINLINK FENCE AROUND PERIMETER.
SURFACE TO BE CRUSHER ROCK WITH FINES.
22 PREFABRICATED ACCESSIBLE MEAL PREP BUILDING. ONE ROOM PER MODULE. TOTAL OF 1 MODULE. INTERIOR TO INCLUDE SINK, COUNTERTOP, REFRIGERATOR, FREEZER, AND DEDICATED OUTLETS FOR COUNTERTOP APPLIANCES. REFERENCE MODULAR FABRICATOR DRAWINGS FOR MORE INFORMATION. SITE BUILT DECKING AND RAMP, REFERENCE SHEET A2.01
23 MAIN POINT OF ENTRY
24 8' X 20' CONEX SHIPPING CONTAINER FOR ON-SITE STORAGE 25 PEDESTRIAN PATHWAY SHOWN AS CROSSHATCH THROUGHOUT, CRUSHER ROCK WITH FINES. 26 RAISED CONTINUOUS DECKING. MATERIALS TO MEET WUI STATE FIRE MARSHAL LIST OF APPROVED PRODUCTS.
27 SMOKING AREA LOCATED 25' FROM ALL WINDOWS, DOORS, AND MECHANICAL INTAKE 28 NEW PUBLIC FIRE HYDRANT, FINAL LOCATION TO BE DETERMINED BASED ON EXISTING
UTILITIES AND COORDINATION WITH FIRE/BUILDING DEPARTMENTS 29 6' HIGH STEEL FENCING WITH VERTICAL SPIRES, REFERENCE SHEET A2.01 30 FESTOON LIGHTING SHOWN AS DASHED LINE, MOUNTED 8'-0" ABOVE GRADE 31 PEDESTRIAN PATHWAY OUTSIDE OF PROJECT FENCE LINE
32 PEDESTRIAN PATHWAY WITH TRUNCATED DOMES
PROJECT INFORMATION
NAME:
ADDRESS:
AREA OF WORK:
SCOPE OF WORK:
DIGNITYMOVES - THOUSAND OAKS
1205 LAWRENCE DRIVE
THOUSAND OAKS, CA 91320
APPROX 58,000 SF, NOT INCLUDING FIRE LANE OUTSIDE OF WEST BOUNDARY OF PROJECT THE BUILD-OUT OF PREFABRICATED TRANSITIONAL HOUSING UNITS. PROJECT TO INCLUDE
AMENITY BUILDINGS FOR OFFICES/SUPPORT SERVICES, LAUNDRY, RESTROOMS, SHOWERS, DINING, AND COMMUNITY GATHERING.
PHASE 1: 27 UNITS TO ACCOMMODATE 30 RESIDENTS
PHASE 2: 18 UNITS TO ACCOMMODATE AN ADDITIONAL 20 RESIDENTS VEHICLE PARKING:
QUANTITIES AND DIMENSIONS OF ACCESSIBLE STALLS
TO MEET 11B STANDARDS. OFF STREET PARKING
PROVIDED WILL INCLUDE 14 TOTAL STALLS WITH:
11 TYPICAL STALLS
2 ACCESSSIBLE STALLS
1 VAN ACCESSIBLE STALL
BICYCLE PARKING:
RACKS TO ACCOMODATE 16 BIKES FOR PHASE ONE
AND 24 BIKES FOR PHASE TWO.
ZONING STANDARDS
ZONING:
APN:
MINIMUM LOT AREA:
FRONT YARD:
REAR YARD:
SIDE YARD (INTERIOR):
SIDE YARD (CORNER):
MAXIMUM HEIGHT:
MINIMUM LOT WIDTH:
MAX BUILDING COV:
M-1 INDUSTRIAL PARK
6670080105
20,000 SQFT
100' FROM CENTERLINE OF PUBLIC STREET
10' WHEN ABUTTING R OR C ZONES
10' WHEN ABUTTING R OR C ZONES
100' FROM CENTERLINE OF PUBLIC STREET
35' MAX, 75' MAX WITHIN HEIGHT OVERLAY ZONE
100' MINIMUM STREET FRONTAGE
50%
APPLICABLE CODES
BUILDING CODE:
BUILDING MATERIALS:
EMERGENCY HOUSING:
ELECTRICAL CODE:
MECHANICAL CODE:
PLUMBING CODE:
ENERGY CODE:
SUSTAINABILITY CODE:
FIRE CODE:
ACCESSIBILITY CODE:
OCCUPANCIES:
HEIGHT:
ALLOWABLE HEIGHT:
AREA:
ALLOWABLE AREA:
TYPE OF CONSTRUCTION:
FIRE SPRINKLER SYSTEM:
SEPARATION:
R-2 (CURRENTLY EXAMINING R-3), A-2, B, S-2, U
1 STORY, +/- 12 FEET
1 STORY, 40 FEET
+/- 6,775 TOTAL SQFT (MULTIPLE BUILDINGS)
6,000 SQFT (MOST RESTRICTIVE OCCUPANCY A-2, NOT INCLUDING AREA INCREASE) V-B
YES (NFPA 13R OR NFPA 13D)
SEPARATED BUILDINGS, AREA NOT TO EXCEED 6,000 SQFT
2022 CALIFORNIA BUILDING CODE, WITH LOCAL AMENDMENTS
2022 CALIFORNIA BUILDING CODE, CHAPTER 7A
2022 CALIFORNIA BUILDING CODE, APPENDIX P
2022 CALIFORNIA ELECTRICAL
2022 CALIFORNIA MECHANICAL CODE
2022 CALIFORNIA PLUMBING CODE
2022 CALIFORNIA ENERGY CODE
2022 CALIFORNIA GREEN BUILDING STANDARDS
2022 CALIFORNIA FIRE CODE
2022 CBC, APPENDIX P, SECTION P107, CHAPTER 11B
AREA CALCULATIONS
SURFACE TREATMENTS: REF CIVIL & LANDSCAPE REF CIVIL & LANDSCAPE TOTALS: 10826 2385 13211 22.78% 30.16%
TOTAL ENCLOSURES (NO ROOF): 2856 2856 4.92% 6.52%
PET RELIEF 2180 2180
TRASH 476 476
ELECTRICAL 200 200
TOTAL RAISED WALKING SURFACES: 3064 516 3580 6.17% 8.17% ACCESSIBLE DECKING 2352 2352
RESIDENTIAL LANDINGS 573 516 1089
RAMPS AND STAIRS 139 139
BUILDINGS: 4906 1869 6775 11.68% 15.47%
PHASE 1: PHASE 2: TOTAL: LOT AREA
58,000 sqft
EXCLUDING
ACCESS LANE
43,804 sqft
* ALL AREAS ARE EXTREMELY APPROXIMATE AND ARE PROVIDED
FOR REFERENCE ONLY DURING SCHEMATIC PHASE OF DESIGN
SCALE: 1/16" = 1'-0"
CONSTRUCTION PLAN - ENLARGED1
09/18/2023 ISSUE FOR PLANNING
Exhibit C
Exhibit D
City of Thousand Oaks
23-E
RF-2-R-10028