Loading...
HomeMy WebLinkAboutOrdinance 2020 N.C.S. 07/15/1996'~~ 1 4 1996 ORDINANCE NO. 20 20 N.C.S. Seconded by: 'Dice Mayor Barlas Introduced by: Matt Maguire AN ORDINANCE AUTHORIZING LEASE OF REAL PROPERTY LOCATED AT 303 PAYRAN STREET, PETALUMA, CALIFORNIA TO THE COMMITTEE ON THE SHELTERLESS (COTS) AND AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASE WHEREAS, pursuant to Resolution # 95-10 adopted November 6th, 1995, the Petaluma Community Development Commission authorized entering into an agreement with the Committee On The Shelterless for the development of an Opportunity Center; and WHEREAS the Opportunity Center will be developed on property owned by the City of Petaluma; therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. A portion of the real property located at 303 Payran Street, Petaluma, California and described as the Ellwood Community Center, is hereby authorized to be leased to the Committee On The Shelterless (COTS) for the purpose of installing one or more temporary buildings which will house the Opportunity Center for homeless persons as outlined under the terms and conditions set forth in the agreement entitled "Lease Agreement" attached hereto as Attachment A and incorporated herein by reference. The City Manager is authorized to sign the lease. Section 2. The City Clerk be, and she is hereby directed to publish/post this Ordinance for the period and in the manner as required by the City Charter. IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. Page 1 of 2. Ord. 2020 NCS INTRODUCED and ordered Posted/Published this 1st day of July, 1996. ADOPTED this 15th day of July, 1996, by the following vote: AYES: Maguire, Hamilton, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss NOES: None ABSENT: None ll~ M. Patricia Hilligoss, Mayor ATTEST: Patricia Bernard, City Clerk PROVE ~~,.......-__.__......,,`r ...__.._.D ~S TO FORM: City cotsord/wordwin2 Page 2 oft Ord. No2020 N.C.S. LEASE AGREEMENT Ellwood "Opportunity Center" 303 Payran Street Petaluma, CA 94952 COMMITTEE ON THE SHELTERLESS (COTS) THIS Lease Agreement is entered into this 27th day of July, 1996, by and between the City of Petaluma, hereinafter referred to as "City" and the Committee On The Shelterless (COTS), a California nonprofit corporation. WHEREAS the Petaluma Community Development Commission (PCDC) has authorized COTS (per Resolution #95-10, Exhibit A) to develop and operate an Opportunity Center for homeless persons; and WHEREAS, COTS desires to utilize a portion of a City-owned site, presently known as the Ellwood Community Center, 'for the development of the Opportunity Center; and WHEREAS, COTS has acquired the necessary planning approvals (Conditional Use Permit is attached as Exhibit B) to utilize that site for such a Center. NOW, THEREFORE, in consideration of the promises and mutual covenants contained in this Agreement, the parties hereby agree as follows: 1. Premises. City leases to COTS and COTS leases from the City those certain premises at 303 Payran Street, Petaluma, CA as shown in Exhibit C. 2. Temporary Buildings. It is the intention of COTS, with the approval of the City, to contract for the installation of temporary buildings and related site improvements to house the Opportunity Center facility. 3. Rent. In consideration of the fact that COTS is providing a valuable community service, the rent payment required of COTS for the lease of this site shall be $1.00 per year, payable annually upon commencement of lease. 4. Term. The term of this Lease Agreement shall be for three (3) years commencing on / , 1996 unless terminated as provided herein. This lease agreement is revocable by mutual written consent of the City and COTS or by a unilateral decision by the City, based upon Conditional Use Permit requirement #21, requiring "a six-month review before City Council." If there is a negative review, the lease may be terminated with 90 days notice to COTS. Upon the termination of this lease, the temporary buildings and all alterations and additions to the buildings shall become the D ~ D acs ao ~cS property of the City, as outlined in a separate "Letter of Agreement, Ellwood Opportunity Center Buildings"(Exhibit D). 5. Use. Subject to conditions as set forth in the attached Conditional Use Permit (Exhibit B or as amended), COTS shall have use of that portion of the Ellwood Opportunity Center site, not already leased to the existing tenant or exempted by the City (see Par. 9), for the purpose of providing an Opportunity Center for homeless persons. As stated in the Conditional Use Permit, "The normal scope of services to be provided will include counseling services, information and referral, classes, and any other activities which a reasonable person would relate to assisting the homeless people." 6. Parking. Parking shall be divided as indicated on Exhibit C. City reserves the right to require tenants to amend Exhibit C, impose operating conditions, or consider exclusivity of the spaces based on actual operating characteristics. 7. Equipment. COTS shall provide all furniture, fixtures, storage lockers, and equipment necessary for its program. Utilities. COTS shall be responsible for payment of all utilities attributed to its use. 9. Ground Water Remediation. City shall retain complete access to and responsibility for the area and equipment necessary to continue the City's on-site ground water remediation efforts. COTS assumes no liability for the area. or equipment associated with the remediation program. 10. .Entry and Inspection. COTS shall permit City, its agents and/or employees to enter the premises at reasonable times during COTS hours of operation and upon reasonable notice to inspect the premises for compliance with the terms of this agreement. 11. Sublease or Assignment. COTS shall not sublease or assign its rights under this Agreement without the prior written consent of the City. 12. Alterations. COTS shall not make any material alterations, additions, or improvements to the premises without prior approval of the plans by the City Manager or Designee. 13. Maintenance of Premises. COTS agrees to maintain the site, buildings, and landscaping of the premises, with the exception of those areas under the auspices of the existing tenant and the City (as depicted in Exhibit C). COTS agrees to keep the site in good order and condition at all times and that upon termination of this Lease it will surrender the premises in as good order and condition as received, reasonable wear and tear excepted. ~ ~ -~ ~,o av ni GS 14. Compliance COTS agrees to fully comply with all local, state and federal laws, regulations and ordinances governing use of the premises. 15. Securi COTS agrees to fully comply with the Conditional Use Permit requirement regarding the implementation of a Security Plan. 16. Neighborhood Advisory Council. COTS agrees to fully comply with the Conditional. Use Permit requirement to participate in a Neighborhood Advisory Council comprised of residential and institutional neighbors. 17. Indemnification. COTS shall indemnify, hold harmless and defend the City, its officers, employees, and agents from and against all .losses and all claims, demands, suits, actions, payments, and judgments, including attorneys' fees and expert witness fees, arising out of or in connection with COTS' operation and/or use of the premises. City shall indemnify, save, hold.harmless and, at City's option, defend COTS, its officers, employees and agents from and against all losses and all claims, demands, suits, actions, payments, and judgments, including attorneys' fees and expert witness fees, arising out of or in connection with the City's operation and/or use of the premises (specifically including the .ground water remedation project) or the property, building and improvements on which the premises are located. 18. Insurance. Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's. operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. Coverage shall be at least as broad as: ..~., 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). 3. Property insurance against all risks of loss to any tenant improvements or betterments. Lessee shall maintain limits no less than: 1. General Liability: $1,000,00.0 per occurrence-for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer D2~ ~.oao ~~S shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and. related investigations, claim administration and defense expenses. Other Insurance Provisions: The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. 2. The Lessee's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its off cers, officials, employees or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. 3. Each insurance policy .required by this clause shall be endorsed to state that coverage shall not be canceled, except.,after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage: Lessee shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than'the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City- before work commences. The City reserves the right to require complete, certified. copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. 19. Destruction. The City is leasing to COTS the paved surface upon which the buildings will be installed; the buildings will be owned by COTS. In that capacity, COTS is required to fully insure the .buildings, fixtures, appliances, etc. (See Par. 18 of this lease.) If, during the term, the buildings and other improvements are totally or partially destroyed from any cause, rendering the premises totally or partially inaccessible or unusable, COTS shall restore the buildings and other improvements to substantially the same. condition as they were in before destruction, subject to availability of insurance to cover the costs of same. Such destruction shall not terminate the lease. If destruction to COTS-owned property causes any damage to contiguous City-owned property, COTS will be responsible for restoration or replacement subject to availability of insurance. 20. Attorney's Fees. In the event either party hereto shall commence any legal action arising out of this Agreement or the performance thereof,-the party prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, reasonable attorney's fees to be .fixed by the Court. ~ ~.D a: o a o ~ cs 21. Notice. All notices required or permitted by this Agreement, including notice of change of address, shall be in writing and given by personal delivery or sent by United States mail, postage prepaid, and addressed to the parties intended to be notified. Notice shall be deemed to be given as of the date of delivery in person or as of the date when deposited in any post office or any post office box regularly maintained by the U.S. Government. Notice shall be given as follows: City: City Clerk City of Petaluma P.O. Box 61 Petaluma CA 94953 Committee On The Shelterless (COTS) Executive Director COTS 1500 S. Petaluma Blvd., Suite B Petaluma, CA 94952 22. Option to Extend Term. Due to the nature ofthe Conditional Use Permit for the Opportunity Center, the Lease will be extended at the sole discretion of the City following expiration of the initial term, upon written request by COTS at least three (3) months before the expiration of the term. In the event COTS neglects to submit a written request but all Lease and Use Permit conditions have been fulfilled, the Lease will remain in effect on a month-to-month basis. This Agreement constitutes the entire understanding between the parties hereto as of its effective date. D~ ao a 0 rJ cS IN WITNESS' WHEREOF, the parties have executed this Agreement as of the day and year first above written. City of Petaluma ,~ ,: By, ~-- John L. chaser, City Manager Committee On The Shelterless (COTS) J Records, Executive' Director Dorothy Blake, P ` ' 'dent. and Chair Board of Directors 1-i,~i' ~`3~ ' City GIerR .-= ~- leasecot/wordwinc pr2~ a.~o a d ~lcs CIT`t~ a~ P~3~.~.~-.~:~~ ~~~;tQVAIS EXHIBIT- A 1 RESOLU'ITON # 95-IO ---- - -- - -- --_ _- . - ._--- 2 PETALUlYIA COMIYIUNTI'Y DEVELOPMENT CONt1VIISSION 4 ~ APPROVING ~v AGREEMENT WITH THE COIVZIVIITTEE ON THE 5 SHELTERLESS TO' DEVELOP AND OPER~iTE A 'DAY-CENTER 6 FOR HOMELESS PERSONS 7 ~ - 8 WI-~REAS the Petaluma Community Developmern. Commission (PCDC) has an 9 approved 1995-99 Implementation Plan; and 10 11 WHEREAS that Plan outlines PCDC's commitment to utdize a portion of its housing set- 12 aside to provide shelter to those most in need; and 13 14 WF~REAS the Commission currently contracts with the Committee On The Shelterless 15 (COTS) to provide night time shelter for homeless families and singles;.and 16 17 WHEREAS there is a recognized need to provide a place for homeless persons to drop-in 18 during day time hours for health, safety, and self-improvement purposes; and 19 20 V~~REAS there is also a recognized need to alleviate the burden currently placed on 21 existing public and private facilities being inappropriately ut~7ized by homeless persons; 22 and 23 24 WHEREAS thee. Board of Directors of COTS has agreed to extend its mission to include 25 the management and program operation of a day center for homeless persons and COTS 26 staff has the experience and expertise to carry out PCDC's goals; Di2.~ ao a~ oJGS Reso. 95-10 1 2 NOW THEREFORE BE IT RESOLVED that PCDC staff is directed to enter into an 3 agreement (with terms of mutual consent) with COTS for the development, property 4 management, and program management of aDrop-In-Center for homeless persons; and 5 6 BE TT FURTHER RESOLVED that the Executive Director is authorized to sign all 7 necessary documents to implement the Center and that the Executive Director will ensure 8 that all necessary permits have been secured, arty leaselpurchase agreements are properly 9 reviewed by PCDC counsel, insurance requirements are met, and all other appropriate 10 actions have been taken. 11 _. 12 Adopted this 6th day of November, 1995, by the following vote: 13 14 Commissioners Ave No Absent 15 16 Hamilton () () (~ 17 Stompe () () (~ 18 Maguire (~ () ( ) 19 Read (~ () ( ) 20 Barlas (~ O ( ) 21 Vice Chairman Shea (~ () ( ) 22 Chairman HilIigoss (~ () () 23 ~ 24 ; ~ ~~ 25 .Patricia Hilligoss, Chairman 26 27 28 ATTEST: ,: '~ 29 _~ 30 t 32 Patricia E. Bernard, Recording Secretary RCSOIUtIOrI ~®. 96-42 ~ C.S. of the City of Petaluma, California EXHIBIT B 1 3 DENYING AN APPEAL BY MR. LOUIE CASAZZA AND UPHOLDING THE -1 ~~ PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT ~ FOR THE ELLWOOD OPPORTUNITY CENTER AT 303 PAYRA~1 STREET, APN 6 007-031-004 7 8 9 WHEREAS the Committee On The Shelterless (COTS) applied to the Petaluma Planning 10 Commission for a Conditional Use Permit to establish achy-time drop-in center, The 11 Ellwood Opportunity Center, at the existing Ellwood Center at 303 Pa~Tan Street; and 1? r 13 WHEREAS the application was publicly noticed in the Argos-Courier and a copy mailed 14 to all properties within 300' of the proposed center, and 1~ 16 WHEREAS, at its December 5th meeting, the Planning Commission held a Public 17 Hearing and recei~•ed testimony on the COTS' application; and 18 19 WHEREAS the Planning Commission adopted a Negative Declaration of En~•ironmental ~0 Impact and appro~-ed the Conditional Use Permit; and ~1 ?~ WHEREAS, mitigation measures and conditions regarding the Center were imposed by ~y. the Planning Commission at their December 5, 1995 meeting which address the concerns ~4 which were aired at that meeting and submitted in writing; and ~; ~6 WHEREAS, on December 19th, Mr. Louie Casaaa appealed the decision by the ~7 Planning Commission regarding the establishment of the Ellwood Opportunity Center; ~8 and ~9 0 WHEREAS, a public notice of the appeal was published in the Argus-Courier and a copy .1 of the notice was mailed to all properties within 300' of the proposed center; and ;~ ~= NOW, THEREFORE, BE IT RESOLVED that the City Council, based upon testimony ;~ and substantial e~-idence, including the successful track record of COTS in opezating such ~~ a facility, finds that the proposed project will conform to the requirements and the intent ~6 of the City of Petaluma Zoning Ordinance and the General Plan, and that the project will 37 enhance the public health, safety, and welfare of the community; and 18 ~9 BE IT FURTHER RESOLVED that the City Council hereby denies Mr. Casaaa's appeal 40 of the Planning Commission's December 5th, 1996 approval of the Conditional Use 41 Permit based on the findings by the Planning Commission following the public hearing 43 and subject to the conditions imposed upon the project by the Planning Commission and -13 City Council, as follows: __... 44 4~ 0-2~ mac, N c. 5 Reso. 96-42 NCS Res ;7a .............................. N.CS. 1 Findings for approval of the Conditional Use Permit: 2 - - -- 3 1.; The proposed Ellwood Opportunity Center, as conditioned, will conform to the 4 ~ requirements and intent of the Petaluma Zoning Ordinance, specificall}• Section 5 21-300 (General Standards and Considerations Governing Conditional uses, 6 attached). The proposal is in conformance with Zoning standards. 7 8 2. The proposed Ellwood Opportunity Center, as conditioned, will conform to the 9 General Plan, specifically, the center will be compatible with surrounding uses 10 and will alleviate an existing neighborhood problem, i.e. homeless people 11 utilizing the neighborhood inappropriately. 12 13 3. The proposed Ellwood Opportunity Center, with restrictions on hours of 14 operation, the provision of adequate vehicle circulation and parking will not 1 ~ constitute a nuisance or be detrimental to the public welfare of the community. 16 17 18 CUP Conditions: 19 20 Frot n the Planning Department: 21 22 1. Site plans, building plans and landscape plans will be submitted to SPARC for 23 review and approval prior to issuance of a building permit. Emphasis should be 24 placed on screening of portable buildings and improvement of streetscape. 25 26 2. Develop a contingency plan for overIlo«- prior to Certificate of Occupancy. ~7 28 3. Normal operating hours for the Center ~tizll be 8:00 AM to 6:00 PM, seven days a 29 week. Related activities may be allowed in other hours with the approval of the 30 Planning Director and Housing Administrator. 31 32 4. The normal scope of services to be provided will include counseling services, 33 information and referral, classes, and any other activities which a reasonable 34 person would relate to assisting the homeless people. 35 36 5. Any signs proposed by the applicant will be reviewed by SPARC. 37 38 6. A security management plan (loitering control, etc.) will be in place prior to 39 issuance of Certificate of Occupancy. 40 41 From the Building Division: 42 43 7. Before commencement of use, the applicant shall comply with all Building ~ Division•requirements: 4~ - 0-~.D ~ a o ~ cS ~teso. 96-42 NCS 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ., ~~ 34 35 36 37 38 39 40 41 42 43 44 45 a. The proposed use of the building will place it in a B-2 occupancy group in the Building Code. b. The portable buildings will require a concrete foundation with anchor bolts. c. Plans must comply with the 1994 UBC, UPC, UMC and 1993 NEC, along with title 24 Energy Code. d. If temporary toilet facilities are utilized, access for persons with a disability must be provided. From the Fire Marshal: 8. Ensure that the temporary buildings do not cover the monitoring well in the northeastern portion of the lot. 9. Provide one.. fire extinguisher, 2AlOBC type, for each 3,000 square feet of floor space, and/or a maximum travel distance of 75 feet. 10. Use of extension cords in lieu of permanent wiring is prohibited. 11. Provide metal or flame retardant plastic waste cans. 12. Locking de-ices on exit doors shall conform to the Building Code. Only one lock or latch requiring one motion/operation to open/unlock is required. No double keyed deadbolts are permitted on exit doors. Standard Conditional Use Permit Condition - 13. This use permit may be recalled to the Planning Commission for review at any time due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or any other adverse operating characteristics. At such time, the Commission may revoke the use permit or add/modify conditions of approval. 14. At no time shall future activities exceed Performance standards specified in the Uriiforrn building Code, Section 22-301 of the Zoning Ordinance, and the General Plan. 15. The applicant shall defend, indemnify, and hold harmless the City or any of its Boards, Commissions; agents, officers, and employees from any claim, action or proceeding. against the City, its Boards, Commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable ORD a.rJ a..o ~ Gs ,Reso. 96-42 NCS 1 6 7 8 9 10 11 12 13 14 1~ 16 17 I3 19 20 21 ~~ ~; ~4 ~; ?6 ~7 ~g 29 30 31 3? 33 State or local statutes. The Cin- shall promptly ,notifi~ the applicant of any such claim. action. or proceeding. the Cin- shall coordinate in the defense. Nothin~- contained in this condition shall prohibit the City from participating in a defense of any claim. action. or proceeding if the City bears its ow-n attorney's fees and costs, and the City defends the action in good faith. From the itv Council (as added ~h/961- 16. `Establishment of a Neighborhood Ad~-isory Council comprised of residential and institutional neighbors. 17. Institution of increased Police .Department presence. 18. Development of a new° lease agreement ~a-ith St. Vincent de Paul Socien~ regarding the use and "decorurti~ of the Petaluma Kitchen. 19. Development and monitoring of modified lease agreement with the Public Libran~ to allow enforcement of rules of `'decorum." y ?0. Increased security and resident monitoring at and around Armory. 1. Six-month review before City Council which shows fewer people in and around library, fewer people in `'waiting area'' around the Armory: fewer complaints of trespassing and loitering in neighborhood. 2?. Institute Opportunity Center volunteer force to police the library, park. and neighborhood. addressing the problems of litterin,. loitering etc. by "homeless population. ` " ?3. Staff will continue search for alternate sites for a permanent home for the Opportunity center and related homeless services. ''--1. Staff will provide Council with monthly Opportunity Center status reports. Under the power and anthoritp conferred upon this Council by the Charter of :said City REFEREn CE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Councal of the GSty of Petalnma at a iRegutar) (1~}Xg ~~ raz on the ..~`~_ day of RPh~iary .... 19.9fL, by the ., following vote: ~y AYES: Hamilton, Stompe, Maguire, Read, Shea, Vice Mayor Barlas NOES: b•Iayor Hilligoss ABSENT ATTEST: ~~.a ~~, None Q~ a.QjaU city cterkDEr~ T Y Cs i Y LE~`C ~~ K~S a ._.s.s-~ 2.............x.5. ~ ~ Li ~TTZUI.'~UA~ ~1 ~ 0 0 r ~F~h~ ~ i uEs ~' -°_: ~C1-T~ _...L.,d~~.]b:__ L.~,df~~~ `Tc~ : ~lrt.~//V11~~e~1r.~ Ada, .~~arz - - -- ~ ~ ~~ ~ ~cuw ffiDZT LET'f~~ ~F ACItEE1~IE1~iT FLLW®QI).0PP4)ftT'UNIT"Y t;FN'><'E~t I3(JILDIIVdGS 303 PAYRAN ST_, PFTALUMA, CA TH15 Ll/TTER OF AGREEIviENT is made effective as of ~ ~ 6 , 1996 between the Committee On T'he Shelterless, a California nonprofit corporation ("COTS'') and the .Petaluma Community Development Commission, a public a?ency ("PCDC").~ A. COTS is a.nonprofit corporation whose mission is to provide shelter and services to homeless persons in Petaluma. B. PCDC has contracted with COTS to proti~ide an Opportunity Center for the use of homeless persons. C, PCDC has allocated funding. for Fiscal Years 1995-96 and :1996-97 from the Housing Fund to acquire -and `install the real "property described in Exhibit A attached hereto ("Opportunity Center Buildings' in which the center w~iIl be located. D. It is the intent-of this .Letter of Agreement to outline the conditions of the Housing Fund allocation,: 1 _ The purchase agreement for the buildings shall be negotiated and executed by COTS and CUTS shall bald title to the buildings. 2. COTS shall arrange .for the installation of the buildings on a site leased from the City of 1?etaluma, under a separate.Lease Agreement. 3. The buildings will be maintained and secured by COTS as outlined in the Lease; PCDC has the right to inspect the buildings to ensure proper maintenance. ~. Should COTS cease to exist as an organization dedicated to providing homeless services, the ownership oFthe buildings shall automarically revert to PCDC. S. COTS may not sublease ar sell the buildings to any entity except PCDC or the City of Petaluma, without written permission. 6. At'its unilateral discretion PCDC may. tz~ith.sixty days notice to COTS; re-purchase and take ownership of the buildings for the purchase price of $1..00. Petatum~t Community Development Commissfon J ~ ~ /1,~, John L Scharer, Executive Director Iettcrhvordr~~in2 ' ~str City Clerk Committee 4n the Shelterless Jo cords, Executiv Di ctor ~~ O(~CJ oZC) /V ~-J TOTaL P..G~?