RecDoc 2026-002924 Development Agreement 901 El Camino Real

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whole or in part, or shall issue any public funds on behalf of the general contractor, for the construction, alteration, demolition, or installation of the Teen Center. (a) Indemnification of City Against Costs or Claims Related to Construction. Notwithstanding Section 6 below, Owner shall pay or cause to be paid the total cost and expense of all works of improvement for the Teen Center, and shall be responsible for any mechanic's, materialman, contractor's or subcontractor's liens asserted against or arising out of the improvement of the Teen Center. As such, Owner agrees to indemnify and defend the City against all liability and loss of any type arising out of the work of improvement for the Teen Center by Owner, Owner's contractors or subcontractors, consultants or professionals, together with reasonable attorney's fees and all costs and expenses incurred by the City in negotiating, settling or defending or otherwise protecting against such claims. 3.5 Ownership of Teen Center/Personal Property of City. The Teen Center and its initial interior improvements, furnishings, fixtures and equipment once constructed, shall be and shall remain the property of Owner during the Term. The City or the City's third party operator shall have the right to add or install future furnishings or make interior alterations or improvements (subject to Section 4.3 below) to the Teen Center that are consistent with or will promote the City's programming and/or operation of the Teen Center. Any and all personal property, furnishings, Fixtures or equipment supplied by the City or the City's third party operator and which may be removed without substantial damage to the Teen Center shall remain the Personal Property of the City and may be removed by the City at the expiration of the Term. 3.6 Surviving Provisions. The provisions in this Section 3 shall survive the termination of this Lease. SECTION 4. SCHEDULE AND USE OF TEEN CENTER 4.1 City's Hours of Use of Teen Center. The Parties agree that the City shall have exclusive use of the Teen Center, without the payment of any rent, at the following times (hereinafter collectively referred to as "Teen Center Hours"): (a) Academic School Year. During each academic school year designated by the Sequioa Union High School District, the Teen Center shall be leased to the City for its exclusive use during the hours of 2:00 p.m. to 11:59 p.m. on Mondays through Fridays, and from 7:00 a.m. to 11:59 p,m. on weekends; and, (b) School Summer Break. During each summer school break scheduled for the Sequoia Union High School District, the Teen Center shall be leased to the City for its exclusive use during the hours of 11:00 a.m. to 1 t:59 p.m. on Mondays through Fridays, and from 7:00 a.m. to 11:59 p.m. on weekends. 4.2 City's Use of Teen Center; Third Party Operator. The Parties acknowledge that the City may operate the Teen Center with a third -party operator. The Parties further agree that subject to the City or its operator not interfering with the Tenants' scheduled use pursuant to Section 4.4 below, the City or its operator may access the Teen Center office space and back -of ATTY/AGR/2025.085 -901 EL CAM IND REAL DA REV: 08-01-25 VR - Exhibit H