Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Reso 2000-040 - Mt Shasta Mall
a RESOLUTION NO. 2000-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING THE EXECUTION OF A PARTICIPATION AGREEMENT BETWEEN THE CITY OF REDDING,THE REDDING REDEVELOPMENT AGENCY,AND THE OWNERS OF THE MT.SHASTA MALL REGARDING THE EXPANSION AND RENOVATION OF THE MT. SHASTA MALL. WHEREAS,the Canby-Hilltop-Cypress Project Area Redevelopment Plan(Redevelopment Plan), as amended, was approved by the City Council of the City of Redding (City)by Ordinance No. 1552 on July 20, 1981, and amended by Ordinance No. 1942 on November 6, 1990; and WHEREAS, the Canby-Hilltop-Cypress Project Area(Project Area) is located within the City of Redding; and WHEREAS, the Mt. Shasta Mall (Mall) is located within the Project Area; and WHEREAS, the owners of the Mt. Shasta Mall (Owners) are proposing to expand and renovate the Mall; and WHEREAS, in order to effectuate the Redevelopment Plan, the City desires to assist the Owners with the project; and WHEREAS, the proposed Participation Agreement between the City, the Redding Redevelopment Agency, and the Owners sets forth the assistance to be provided by the City to the Owners in regard to the project. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Redding as follows: 1. The above recitals are true and correct. 2. The Participation Agreement between the City,the Redding Redevelopment Agency, and the Owners, a copy of which is attached hereto, is hereby approved with the amendment of Section 2.11, Use of Local Contractors. 3. The Mayor Pro Tern of the City of Redding is authorized and directed to execute the Agreement on behalf of the City. • Pi, • I HEREBY CERTIFY that the foregoing resolution was introduced,read, and adopted at a special meeting of the City Council of the City of Redding on the 22nd day of February 2000 by the following vote: AYES: COUNCIL MEMBERS: Cibula, Pohlmeyer, and Kight NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Anderson and McGeorge Pat Kight, Mayor Pro Tempore ATTEST: APPROVED AS TO FORM: •-!i' ;. / 42171:titConnieStrohmayer, City /r W. Leonard Wingay Attorney K:\CHC\PROJECTS\MCYRES3.W PD STATEMENT OF INTENDED USE OF FUNDS MT. SHASTA MALL EXPANSION PROJECT The Redding Redevelopment Agency (Agency) is proposing to provide up to $795,000 in redevelopment funds to assist the owners of the Mt. Shasta Mall, consisting of six separate entities and six individuals (collectively referred to hereafter as "Developer"), with the expansion and improvement of the existing Mt. Shasta Mall (the "Mall"), specifically to accommodate the development of an approximately 103,000-square-foot Macy's department store at the north end of the Mall and to add approximately 35,000 square feet of new retail space to the south end of the Mall. The Mall facility is located within the boundaries of the Canby-Hilltop-Cypress Redevelopment Project Area on an approximately 40-acre site bordered by Canby Road to the east, Dana Drive to the south, and Hilltop Drive to the west. As proposed, the Agency will contribute up to $795,000 of its tax increment revenues from the Canby-Hilltop-Cypress Project toward the cost of the following components of the Mall Project: • Design and installation of a traffic signal at Dana Drive and Canby Road ($240,000) ► Enclose a portion of the Little Churn Creek storm drainage channel ($455,000) • Extend Old Alturas Road between Churn Creek Road and Canby Road ($100,000) TOTAL: $795,000 Health and Safety Code Sections 33020, 33021, 33421, 33421.1, 33445, and 33678 authorize the Agency to undertake redevelopment activities such as those contemplated herein provided the legislative body determines all of the following findings to be in evidence: 1) That the public buildings,facilities, structures, or other improvements are of primary benefit to the project area from which the funds are derived or to the immediate neighborhood in which the project is located, regardless of whether the improvement is within another project area; 2) That no other reasonable means of financing the public buildings,facilities, structures, or other improvements are available to the community; 3) That the payment of funds for the acquisition of land or the cost of public buildings, facilities, structures, or other improvements will assist in elimination of one or more blighting conditions inside the project area and is consistent with an adopted implementation plan; and 4) That the provision of the proposed public improvements by the Agency is necessary to effectuate the purposes of the Redevelopment Plan for the Canby-Hilltop-Cypress Redevelopment Project Area. Statement of Intended Use of Funds Page 2 These are discussed below by topic: Are the proposed improvements of primary benefit to the project area? The Mt. Shasta Mall is located within the northern third of the Canby-Hilltop-Cypress Project Area. It lies roughly in the center of the Canby-Hilltop-Cypress commercial district linked by Hilltop Drive, Dana Drive, and Churn Creek Road to secondary retail and commercial centers to the north, south, and east. This portion of the Project Area serves as the primary retail center for a regional trade area much larger than the Project Area itself. The proposed improvements will primarily benefit the retail and commercial portions of the Project Area as the number of customers and the amount of trade increases due to the expansion.Over the past several years,the Mall has experienced an increase in the turnover rate of tenant businesses and has been unable to secure a third retail anchor store. The continued decline of the Mall negatively impacts the neighboring retail and commercial areas within the Project Area. The proposed Mall expansion and related public improvements will act as a needed catalyst to stimulate further private investment in the Project Area. Providing for the free flow of traffic around and through the Mall, as well as the provision of adequate parking facilities to accommodate Mall patrons, are important physical elements in the ultimate success of the Mall and of the entire retail and commercial portion of the Project Area. The expansion project will improve circulation conditions in the Project Area through the extension of Old Alturas Road,the signalization of the Canby Road/Dana Drive intersection, and the provision of additional parking facilities. Economically, the proposed expansion of the Mall will provide a variety of direct benefits to the Project Area. It is anticipated that the expansion will increase the Project Area tax base,providing additional resources to be available for other Agency activities. The expansion of the Mall and the associated public improvements will attract additional customers to the Project Area resulting in increased sales and business opportunities for the existing merchants in the area. The proposed activity will also provide increased employment opportunities within the Project Area. It is anticipated that approximately 100 additional full-and part-time jobs will be created from both the Mall expansion and the development of the Macy's at the Mall. Are any other reasonable means of financing available to the community to finance the improvement? The Mall expansion and related public improvements are proposed to be accomplished with a mix of public and private funding. The Developer will be providing approximately 45 percent ($14.5 million) of the anticipated $32 million cost of development. The Agency is proposing to contribute approximately 2.5 percent of the development costs. In addition,Federated Department Stores, Inc., Macy's parent company, will provide all of the funding necessary to construct the proposed Macy's store. Statement of Intended Use of Funds Page 3 All public sources of funding identified to be used on the project are subject to intense competition and fluctuating availability. Limited City and redevelopment revenue sources must be used to meet multiple community priorities. In June 1998, the Redevelopment Agency approved a six-year Capital Improvement Program that outlined anticipated Agency revenues and activities to be undertaken over the next six years for each of the three existing project areas. No additional redevelopment funding is available without negatively impacting other critical public projects. City funding sources for this type of project include traffic benefit district fees, Storm Drain Utility funds, the Construction Improvement Fund, and the General Fund. Storm Drain Utility funds are fully committed to the operation and maintenance of the existing system and are not sufficient at this time to fund the proposed improvements to Little Churn Creek. The Construction Improvement Fund collects$0.10 per square foot from all development occurring within the City. Its current and future resources have been fully committed over the next five-year period to other community projects. The Dana Drive Benefit District funds are committed to other projects. The General Fund at this time is also committed to its maximum capacity in support of the ongoing operation of the City. The Developer will be required to provide the remaining resources necessary to complete the Mall expansion and related public improvements. Macy's has agreed to provide all funding necessary to complete the development of the Macy's store at the northern end of the Mall. The Developer has indicated that it is unable to complete the proposed expansion without the proposed redevelopment assistance. According to information provided by the Developer, it is not financially feasible to allocate additional private funds for this project due to the already low rate of return anticipated to be received from this activity. The Developer has indicated that the cost of borrowing additional private funds for this project is approximately 9 percent.The Developer has calculated the maximum rate of return for the investment to be no more than 5.3 percent. With the use of redevelopment funds, the rate of return would be slightly increased (approximately .3 percent); without redevelopment funds, the resultant rate is unacceptable. From the Developer's perspective, the maximum amount that can reasonably be invested in the project has been reached. A general rule of thumb on this type of commercial investment is that a reasonable rate of return would be in the 10 - 12 percent range. Most investors would decline to participate due to the substantially lower anticipated rate of return. In this case, the Mall owners have both an existing investment to protect and some anticipation of an increased rate of return in future years. For that reason, the Developer has indicated its willingness to participate on a partnership basis with the Agency on the proposed activity. From the standpoint of a"reasonable"investment,the Developer is not likely to be able to justify the expenditure of additional funds on this activity. Will the proposed activity assist in the elimination of one or more blighting conditions within the Canby-Hilltop-Cypress Project Area? Is it consistent with the Implementation Plan adopted for the Project Area? Statement of Intended Use of r unds Page 4 The proposed activity will assist in the elimination of several existing blight conditions in the Canby- Hilltop-Cypress Project Area. The Blight Analysis conducted at the time the Project Area was adopted as well as the subsequent Analysis conducted at the time the Project Area was amended document the following as blight conditions present within the Project Area: 1)older, deteriorated commercial areas; 2) inadequate public infrastructure [specifically streets, sewer capacity, water capacity, storm drain facilities, open space and parks, and bridges]; 3) depressed property values; and 4)impaired private investments. While some progress has been made in the elimination of these conditions, the Project Area still suffers from significant physical and economic blight. The proposed activity will assist in the removal of both physical and economic blight conditions within the Project Area as follows: 1) improvement of the traffic circulation in the Area with the extension of Old Alturas Road and the installation of the Canby Road/Dana Drive traffic signal; 2) more efficient utilization of existing land through the undergrounding of the Little Chum Creek storm drain channel; 3)act as a catalyst to increase the likelihood of additional private development occurring within the Canby-Hilltop-Cypress retail and commercial core; and 4) expansion of the employment opportunities available within the Area. The development of the Project Area's commercial portions was identified in the Canby-Hilltop-Cypress Redevelopment Plan, the Preliminary Report, and the EIR as key to the elimination of blight within the Project Area. The proposed activity is consistent with the Project Area's Implementation Plan. The 2000 - 2004 Implementation Plan for the Canby-Hilltop-Cypress Project, adopted in November 1999, was prepared and adopted pursuant to Health and Safety Code Section 33490. The Implementation Plan specifically describes the Agency's involvement in the creation of development partnerships, such as the proposed activity, as a blight reducing mechanism. Further, the Plan contains specific goals and objectives relative to the elimination of blight within the Project Area. The proposed activity is consistent with and supports the following Implementation Plan goals: Goal 1: Continued improvement of pedestrian,bicycle,vehicular, and public transportation circulation systems; Goal 2: Construction, installation, and replacement of new publicly-owned utility systems such as water, storm drains, and sanitary sewers where existing systems continue to be nonexistent, inadequate, undersized, or substandard; Goal 4: Encourage and assist present owners and their successors with the rehabilitation of structures and improvements; and Goal 6: Implementation of catalyst projects which spur reinvestment of private funds within the Project. Is the provision of the proposed improvements by the Agency necessary to effectuate the purposes of the Amended Redevelopment Plan for the Canby-Hilltop-Cypress Redevelopment Project Area? The stated objectives of the Canby-Hilltop-Cypress Redevelopment Plan as amended in 1990 and its supporting documents(Supplemental EIR 80- 1 and the Preliminary Report)are as follows: 1)to eliminate blight;2)to stabilize the tax base;3)to increase employment opportunities;4)to improve housing; 5) to create an adequate physical, social, economic, and psychological environment; and 6) to improve the quality of life of the people of the City of Redding. With the exception of Statement of Intended Use of Funds Page 5 improving housing,the Mall expansion activity will support all of the above-stated objectives of the Canby-Hilltop-Cypress Project Area. As stated above,the Report to the City Council prepared for the Amended Canby-Hilltop-Cypress Redevelopment Plan in 1990 lists the continued development of the retail and commercial areas within the Project Area as an essential component in the successful redevelopment of the Area. The proposed activity is necessary to support this effort. K.'CHCPROJECTSMACV S.FND PARTICIPATION AGREEMENT BETWEEN CITY OF REDDING AND REDDING REDEVELOPMENT AGENCY AND MT. SHASTA MALL OWNERS PARTICIPATION AGREEMENT This Agreement is entered into on February , 2000, by and between the City of Redding (City), the Redding Redevelopment Agency (Agency), and the owners of the Mt. Shasta Mall (Developer). The parties agree as follows: 1. SUBJECT OF AGREEMENT. 1.1 Purpose of the Agreement. The purpose of the Agreement is to effectuate the Canby-Hilltop- Cypress Project Area Redevelopment Plan (Redevelopment Plan) by providing for the development of certain infrastructure improvements to allow for the expansion and renovation of the Mt. Shasta Mall, including the addition of a third department store. 1.2 The Redevelopment Plan. The Redevelopment Plan, as amended, was approved by the City Council of the City of Redding by Ordinance No. 1552 on July 20, 1981, and amended by Ordinance No. 1942 on November 6, 1990. Said ordinances and Redevelopment Plan are referenced and made a part hereof as if fully set forth herein. 1.3 Project Area. The Canby-Hilltop-Cypress Project Area is located within the City of Redding as specifically described by Ordinance Nos. 1552 and 1942. 1.4 Mt. Shasta Mall. The Mt. Shasta Mall (Mall) is located within the project area as depicted on Exhibit 1, Mall Location Map attached hereto. The Mall currently consists of eight (8) parcels. 1.5 Parties to the Agreement. Agency - The Redding Redevelopment Agency is a public body, corporate and political, exercising governmental functions and powers, and organized and existing under the California Redevelopment Law of the State of California. The office of the Agency is located at 760 Parkview Avenue, Redding, California, 96001. City-The City of Redding is a municipal corporation under the laws of the State of California. The address of the City's administrative building is 760 Parkview Avenue, Redding, California, 96001. Developer- The owners of the Mt. Shasta Mall are the Shasta Mall Associates, a California limited partnership; Jean Den, as Trustee in the Declaration of Trust dated June 13, 1979;James J. Cordano, Sr., and June Z. Cordano, Trustees of the J.J. &J.Z. Cordano Family 1989 Revocable Trust; Participation Agreement Between the City of Redding, Page 2 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February,1, 2000 James J. Cordano, Jr., Trustee of the James J. Cordano, Jr. and Caroline Cordano Joint Family Trust; Cordano Associates, a California limited partnership; Richard L. Miller and Nancy J. Miller, husband and wife, as their community property; James J. Cordano Co., a California corporation; Morton L. Friedman and Marcine L. Friedman, husband and wife, as community property, and Mark L. Friedman and Marjorie S. Friedman, husband and wife as community property, hereinafter collectively referred to as "Developer." The Developer's mailing address is James C. Cordano Company, Attention: James Cordano, Jr., 1112 11th Street, Sacramento, California 95814. Retailer-The Retailer is Macy's,a division of Federated Department Stores, Inc. (Retailer). 1.6 Prohibition Against Change in Retailer and Assignment of Rights. The qualifications and identity of the Retailer are of particular concern to the Agency. It is because of those qualifications and identity that the Agency has entered into this Agreement. This Agreement shall automatically terminate and shall have no force and effect if Developer fails to enter into an agreement with Retailer to construct a store in the Mall. Except as provided in other Sections, the Developer shall not assign all or any part of this Agreement without the prior written approval of the Agency. Developer may join and associate with other persons or entities without Agency approval provided that: (1)Developer gives written notice of the identity of such other entities to the Agency, (2) Such joining does not invalidate this Agreement,(3)Such joining does not diminish the represented quality of the store or the selection and range of brands and goods carried by the store; (4)Developer remains fully obligated under this Agreement; and (5) Developer maintains control over any Developer entity. The restrictions of this Section 1.6 shall terminate upon issuance by the Agency of a Statement of Completion for the reconstruction of the Mall Site as described in Section 2.1, except as provided hereafter. 2. Development of the Site. 2.1 Scope of Development. The development consists of(a) the demolition of the existing Rite Aid building space and reconstruction on that site of a 103,000 plus or minus, square foot Macy's department store as depicted on the site plan attached hereto as Exhibit 2 and made a part hereof; (b) the construction of 35,000, plus or minus, square feet of new retail space at the south end of the Mt. Shasta Mall as depicted on the attached site plan; (c) the renovation of the facade of the Mt. Shasta Mall; and, (d)the construction of miscellaneous Participation Agreement Between the City of Redding, Page 3 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February 4, 2000 on and off site improvements that will be needed as a result of the project. Developer will reconfigure parking and utilities to create the pad at the south end of the Mall. Developer will demolish the former Rite Aid store and create a building pad for the Macy's department store that it will sell to Retailer. Elevations of the Mall, including the new department store and the south end mall expansion are attached hereto as Exhibit 3 and made a part hereof. The quality and appearance of the final construction shall be substantially as shown on the elevations. Both parties recognize, however, that the attached elevations are preliminary in nature and that details may change as the plans evolve. 2.2 Final Site Plan. Two weeks prior to reconstruction of the property, the Developer shall submit final site improvement plans to the Agency for review and approval. The Plan will show the pad site for Retailer, and for the south end mall expansion along with changes in parking,driveways,utilities,bus stop, and landscape made to allow for the store to comply with City approvals. 2.3 Landscape and Parking Plans. Final landscape and parking plans for reconstruction of the property will be submitted to the City for approval one week prior to the issuance of a building permit for Macy's. 2.4 Construction Drawings. A set of final construction drawings for the store and for the south end mall expansion will also be submitted to the Agency for review of the quality and appearance of the exterior of the store. Plans submitted to the Building Division for a building permit for the department store and the south end mall expansion will be acceptable for review by the Agency if they are a complete set of plans. The plans shall be submitted to the Agency no later than the date of submittal of the plans to the Building Division in order to provide time for Agency review prior to issuance of the Building Permit. Final plans/improvements are to be at a minimum equal to or of like quality and appearance to those proposed exterior perspectives/elevations (Exhibit No. 3) provided by the Developer and viewed by the Planning Commission for Use Permit UP-3-98-Amendment. These renditions/perspectives are dated and prepared by MCG Architecture, Beverly Hills, California. 2.5 Agency Approval of the Plans and Drawings. Agency staff will approve the final construction drawings if they are consistent with Exhibits 2 and 3 and the conditions and covenants of this Agreement. Final approval by Agency staff will occur before the City issues Participation Agreement Between the City of Redding, Page.1 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February 4, 2000 a building permit to construct the department store. Agency staff shall review the final plans and specifications and shall notify the Developer within fifteen (15) days of receipt of said plans and specifications,of the matters, if any, in which the plans are inconsistent with Exhibits 2 and 3, fail to conform to the conditions and covenants of this Agreement or otherwise fail to meet with the Agency's approval. Developer shall within ten (10) days from receipt of any such notice from Agency, cause said plans to be revised in a manner as is reasonable to obtain Agency's approval and shall submit revised plans for Agency's approval. In the event that the revised plans fail to meet with Agency's approval, the procedure for notice and modification shall be repeated until such time as Agency approves the plans. If Agency approval is not received within sixty (60) days of the date of the initial submission of plans to the Agency, Developer may terminate this Agreement. 2.6 Cost of Construction. The cost of redeveloping the Site and any required off-site improvements shall be borne by the Developer,except for the work expressly set forth in the Agreement to be performed by the Agency or other party to this Agreement. No third party is intended to be a beneficiary of this Agreement. 2.7 Construction Schedule. Demolition of the property to create the store site and to provide parking shall be commenced within sixty (60)days of receipt of all required permits and shall be pursued diligently until completed, or this Agreement shall be in default. Any extension of time must be agreed to by all parties. 2.8 City and Other Governmental Agency Permits. Before commencement of construction or development of any buildings, structures, or other work or improvements upon the Site, the Developer and Retailer shall, at their own expense, secure or cause to be secured any and all permits which may be required by the City or any other governmental agency affected by such construction, development, or work. For the purpose of this Agreement, permits for Developer shall include, but not be limited to, one or more use permits, a lot split by parcel map, an encroachment permit to cover the ditch and a grading permit. The Developer and Retailer are responsible for meeting any use permit and lot split conditions or other discretionary approval for the project. 2.9 Environmental Review. The approval of this Agreement and any use,variance,or subdivision permits are subject to environmental review by the City. The Developer and Participation Agreement Between the City of Redding, Page 5 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February.1, 2000 Retailer are responsible for any mitigation measure(s)that develop from any permit process. 2.10 Parcel Map. Developer shall prepare, at its own expense, any necessary parcel map or subdivision map which may be required by the City. 2.11 Use of Local Contractors. In development of the site and of all public improvements,Developer shall provide to and shall require Retailer to provide to local Shasta County contractors and subcontractors all reasonable opportunities to participate in the construction of site development, including public improvements. 3. Participation in the Development by the Agency. 3.1 Agency Participation. Pursuant to the terms of this Agreement, the Agency will reimburse the Developer a sum not to exceed Seven Hundred Ninety-Five Thousand Dollars ($795,000.00) for the following public improvements to be constructed by developer: ESTIMATED COSTS A. Traffic signal at Dana Drive and Canby Road. $240,000.00 B. Enclosure of the Little Churn Creek Channel contiguous to Canby Road from the north end of the Mall property to a point where the Channel crosses Dana Drive. $455,000.00 C. Improvements to Old Alturas Road between Churn Creek Road and Canby Road as more particularly described on Exhibit 4, attached hereto and made a $100,000.00 part hereof. Total Estimated Costs: $795,000.00 Participation Agreement Between the City of Redding, Page 6 the Redding Redevelopment Agency, Mt. Shasta Mall Owners February.1, 2000 The Agency will pay no more than the total sum of $795,000 for the projects described in 3.1(A), 3.1(B), and 3.1(C). If one project costs less than the estimated amount stated in Section 3.1 the amount saved can be used to offset a project cost which is greater than the estimated amount. The obligations of the Developer with respect to the construction of the public improvements including design, engineering, prevailing wages, insurance, and bonding are more fully set forth in Sections 6.5 and 6.6 below. 3.2 Payment by the Agency. Reimbursements to be paid to the Developer in accordance with the terms of this Agreement shall occur within thirty(30) days from the date of acceptance by the City of the street, traffic signal, and drainage improvements and the execution by the Agency of a Statement of Completion in the form attached hereto as Exhibit 5 and made a part of this Agreement, or thirty (30) days following the date of opening of the Macy's Department Store for retail sales, whichever is the last to occur. 4. Participation by the City. 4.1 Encroachment Permit to Cover Ditch. The City shall issue an encroachment permit for the Developer to cover the open ditch (Little Churn Creek) along the east and south sides of the Mall to provide additional parking on the property upon receipt of an application by the Developer to cover the ditch and approval of the plans to construct the improvements and to allow for cleaning and maintenance of the bottom and sides of the ditch by the Developer and/or the City after the ditch is covered. Developer shall be responsible for maintenance of the ditch for the life of the Parking Easement described in Section 4.3. 4.2 Public Transit Stop. The City shall allow the Redding Area Bus Authority to use a portion of Canby Road adjacent to the Mall for a bus transit stop pursuant to a separate agreement or permit with the Redding Area Bus Authority that is not within the parking area and which is pursuant to the site plan.. 4.3 Parking on Canby Road. The City agrees to convert the portion of Canby Road shown on the Canby Road Diagonal Parking Sketch("Parking Easement"),attached hereto as Exhibit No. 6, and to allow up to sixty-seven(67)public diagonal parking spaces in the Parking Easement("Canby Road Parking Spaces")pursuant to the following provisions: 1. Prior to the opening of Macy's the City agrees to convey an easement to the Developer for use as public parking for a twenty (20) year period in a form as shown on Exhibit 7, attached hereto. The use of Participation Agreement Between the City of Redding, Page 7 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February.1, 2000 the easement as public parking may commence on the date the easement is conveyed and shall terminate no sooner than twenty(20) years from the conveyance date. The easement shall provide that it shall be used only for parking purposes and shall be available for parking by the general public. The Developer shall not charge for use of the parking spaces, and the Developer shall operate and maintain the parking spaces. The easement shall be conveyed to Developer after the Developer and Retailer have obtained all necessary permits to commence construction and Retailer has commenced framing construction. B. After conveyance of the easement,at any time Developer's total mall shopping area is reduced by more than 100,000 square feet without a plan approved by the City to replace the reduced square footage, the easement will terminate if the City Council finds at a public meeting that no replacement plan exists and one year written notice of termination is provided to Developer. This easement shall also terminate for failure to maintain the easement as provided for in the easement agreement recorded pursuant to this Agreement. C. Upon the expiration of twenty (20) years from the date of conveyance of the easement to the Developer, the easement shall be automatically extended from year to year for one (1) year terms unless the City in its sole discretion finds that the easement area is needed for street purposes. The easement shall terminate without further annual extensions upon notice being given by the City to the Developer at least one year prior to the termination of the easement or the termination of any one year extension of the easement. D. Notwithstanding the provisions of this Section 4.3, the City and the Developer may agree to eliminate all or some of the Canby Road Parking Spaces without following the procedures in this Section 4.3. Notwithstanding the provisions of this Section 4.3, the City may determine to eliminate no more than five (5) Canby Road Parking Spaces without receiving either the consent of the Developer or without following the procedures in this Section 4.3. E. If the Developer constructs a parking structure on the property during the term of the easement, the Developer and City shall meet and confer to determine if and when the sixty-seven (67)spaces shall be removed from the street. If further development occurs upon the property and the traffic analysis of the project finds the additional development will cause unsafe conditions on Canby Road or the two lane portion of the road adjacent to the Mall to operate at Level of Participation Agreement Between the City of Redding, Page 8 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February.1, 2000 Service D, E, or F, the City may require the Mall to construct replacement parking in order to convert the street back to four lanes. 4.4 Permit Processing. The City will use its best efforts to process all planning and building permits for the project in a timely manner. 4.5 Energy Use Rebates. The City will work with the Developer and Retailer to provide information on energy use rebates. 1. Relocation of Public Transit Stop. The Redding Area Bus Authority (RABA) has agreed to relocate its transfer stop from its location on the Developer's property to Canby Road subject to the Developer providing a bus stop easement on the Mall, covering the ditch adjacent to the relocated transfer stop and providing an easement for a shade structure(s) adjacent to the transit stop if such structure(s) cannot fit within the existing public right of way that is being vacated. RABA and Developer shall enter into a separate agreement regarding parking, construction, maintenance of the transit stop, and bus movements. The form of the agreement is attached hereto as Exhibit 9. 2. Developer Participation. 6.1 Developer Improvements. Developer shall provide additional parking, relocate utilities, meet City Code requirements, create a pad site for a store, and sell or otherwise transfer the site to the Retailer in accordance with work listed and estimated costs depicted on Exhibit No. 8, not including the traffic signal. Developer warrants to Agency it can obtain the financing to make the improvements and enter into this Agreement. 6.2 Compliance with Requirement of Use Permit. Developer shall comply with all conditions of Use Permit(s) issued to create the building pads for construction of the department store and additional mall space and parking. 6.3 Maintenance of Pavement and Landscape in the Parking Area. The Developer shall maintain the improvements, as depicted on Exhibit 6, for the parking on the west side of Canby Road and shall keep the parking area free from any accumulation of debris or waste materials, free of pot holes, and free of weeds. Improvements include the street section, curb, gutter, and sidewalk, and striping. The Developer shall maintain in a healthy condition all landscape installed within the parking area. The easement shall provide that if the Developer does not maintain the parking or landscape required by such,the easement or obligation to provide parking may be canceled upon sixty(60)days written notice by the City if the default is not corrected within the first thirty (30) days after receipt of the notice. City shall maintain the existing street lights in the parking easement. Participation Agreement Between the City of Redding, Page 9 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February-1, 2000 6.4 Maintenance of Ditch. Developer shall maintain the covered ditch as a storm drain facility for the life of the parking easement described in Section 4.3. Whenever the city notifies Developer in writing that maintenance must be performed, Developer shall have thirty (30) days to complete the maintenance. If Developer fails to complete the maintenance within the thirty (30) day period, the City may cause the maintenance to be completed and bill Developer for the actual cost plus a ten percent (10%) administrative fee. Developer shall promptly pay any amount which may become due pursuant to this paragraph. 6.5 Traffic Signal at Dana Drive. The Developer shall have engineered and shall construct a traffic signal at Dana Drive and Canby Road as per Exhibit 10. Included with this shall be the synchronization of the signal with existing signals on Dana Drive at Churn Creek Road and at the main Mall entrance. The Developer's obligation under this Section will be to pay all of the cost of the design and installation of the signal and the signal synchronization. Pursuant to Section 3.1(A) of the Agreement, the Agency will reimburse Developer up to Two Hundred Forty Thousand Dollars ($240,000.00) of Developer's costs. 6.6 Other Public Improvements. The Developer shall engineer and construct an enclosure of the Little Churn Creek Channel along Canby Road and the south end of the Mall at Dana Drive. The Channel and enclosure improvements shall be constructed in accordance with the requirements of the City's Public Works Department. The Developer shall engineer and construct the improvements to Old Alturas Road between Churn Creek Road and Canby Road as more particularly described on Exhibit 4 pursuant to Section 3.1(C) of the Agreement. The Developer shall cause plans to be prepared for the improvements and shall cause them to be constructed. Because these are public improvements, the following requirements shall be met: 1. Prior to awarding any bids to do the work, the plans and specifications for the improvements shall be first approved by the Public Works Director and an encroachment permit obtained to work within the public right-of-way or on City property. 2. All of the public improvements shall be subject to competitive bids at a public bid opening pursuant to the provisions of the Public Contracts Code, Section 20688.1 through 20688.4 unless, after consultation with Developer, the Director of the Department of the Public Works determines that the public works, or any portion of Participation Agreement Between the City of Redding, Page 10 the Redding Redevelopment Agency, Mt. Shasta Mall Owners February,1, 2000 them, are so interwoven with Developer's Mall and parking area renovation and reconstruction project that it is not financially feasible or physically practical to construct them separately from Developer's renovation and reconstruction project. When feasible,the Developer shall give priority on bids to project area businesses pursuant to Section 33422.1 of the Health and Safety Code. 3. Pursuant to Sections 33423 through 33426 of the State Health and Safety Code, the Developer shall be responsible for meeting all prevailing wage requirements for the public improvements funded by the City or Agency pursuant to this Agreement. 4. Developer shall not start construction of the public improvements until the plans have been first approved by the Director of Public Works. In addition,the restriping of Canby Road and the installation of the planter on Canby Road shall not commence until the pad for Retailer is under construction. Covering of the ditch, installation of the traffic signal, and the upgrading of Old Alturas Road may occur as part of the reconstruction of the site or during the construction of the store. 5. All public improvements herein shall be completed prior to the granting of an occupancy permit for the Retailer's store. 6. For all public improvements, the Developer shall provide the insurance required prior to the commencement of construction on land owned by the City, an easement owned by the City, or within a public right-of-way, the Developer shall furnish or cause to be furnished to the Agency and City duplicate originals or appropriate certificates of bodily injury and property damage insurance policies in the amount of at least One Million Dollars ($1,000,000) for any person and Two Million Dollars ($2,000,000) for each occurrence, of which One Million Dollars($1,000,000)shall be primary coverage for any occurrence, and Five Hundred Thousand Dollars ($500,000) shall be for property damage, naming the Agency and City as additional insured. Such insurance shall be kept in force until the City has issued a Notice of Completion for the construction. In addition, the following shall also be met: 1. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate any such deductibles or self- insured retentions as respects the Agency, the City, their officers, officials, employees, agents, and volunteers; or Participation Agreement Between the City of Redding, Page 11 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February,1, 2000 Developer shall procure a bond guaranteeing payment of losses and related investigations, claims administration, and defense expenses. 2. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: a. City,Agency,its officers,official,employees,agents, and volunteers are to be covered as insured as respects liability arising out of activities performed by or on behalf of the Developer; products and completed operations of the Developer; premises owned, occupied, or used by the Developer; or automobiles owned,leased,hired,or borrowed by Developer. The coverage shall contain no special limitations of the scope of protection afforded to Agency, its officers, officials, employees, agents, and volunteers. b. Developer's insurance coverage shall be primary insurance as respects Agency and City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by Agency,its officers, officials, employees, agents, or volunteers shall be excess of Developer's insurance and shall not contribute with it. c. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to Developer, its officers, officials, employees, agents, or volunteers. d. Developer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to City. 3. Insurance is to be placed with insurers with a current A.M. Participation Agreement Between the City of Redding, Page 12 the Redding Redevelopment Agency, Mt. Shasta Mall Owners February 4, 2000 Best's rating of no less than A-:VII. 4. Developer shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this Agreement. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Risk Manager of the City of Redding before construction commences. G. Antidiscrimination During Construction. Except as provided in Section 12940 et seq.of the Government Code, the Developer shall not discriminate against any person because of his/her race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex nor refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment, or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions or privileges of employment. Both the Developer and the Retailer shall insert in all subcontracts for any work covered by this Agreement this nondiscrimination provision. H. For improvements to the Old Alturas Road extension, it shall be the responsibility of the Developer to obtain a right of entry or easement to the benefit of the general public necessary to accomplish the work. If the Developer is unable to obtain a right of entry or easement to the benefit of the general public after reasonable efforts, Developer may request that the City Council use its power of eminent domain to acquire a public easement for road and utility purposes. If the City Council declines to use its power of eminent domain, this requirement shall terminate. If the City Council does find a public need and necessity to upgrade the street, the Developer shall pay all costs as set forth in this Agreement. 7. Use of the Site. 7.1 Uses. The Developer, following conveyance of the store site to the retailer, shall use its best efforts to insure that the store site shall be devoted to the uses specified in the Scope of Development set forth in Section 2.1 during the term the Parking provided in Section 4.3 is in effect. 7.2 Obligation to Refrain from Discrimination after Construction. The Developer covenants and agrees for itself, its successors, its lessees, its assigns, and every successor in interest to the Store Site or any Participation Agreement Between the City of Redding, Page 13 the Redding Redevelopment Agency, Mt. Shasta Mall Owners February.1, 2000 part thereof, there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Store Site. 7.3 Form of Nondiscrimination and Nonsegregation Clause. All deeds, leases, or contracts from the Developer, or any successor or assign of the Developer, with respect to the Store Site, traffic signal construction, or other public improvement construction shall contain or be subject to the nondiscrimination and nonsegregation clauses identical to those set forth in Section 33436 of the California Health and Safety Codes. 8. Defaults, Remedies, and Termination. 8.1 Defaults - General. Subject to any mutually agreed upon extension of time set forth in Section 2.7, failure or delay by either party to perform any material term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct,or remedy such a failure or delay and shall complete such cure, correction, or remedy with reasonable diligence. The injured party shall give written notice of default to the party in default,specifying the default complained of by the injured party. Except as required to protect against further damages the injured party may not institute proceedings against the party in default until sixty(60)days after giving such notice. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. 8.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 8.3 Acceptance of Service of Process. In the event that any legal action is commenced by the Developer against the Agency or City, service of process on the Agency shall be made by personal service upon the Executive Director of the Agency, or in such other manner as may be provided by law. Service of process on the City shall be made by personal service on the City Clerk of the City, or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency or City against the Developer, service of process on the Developer shall be made by personal service upon the management company managing the Mt. Shasta Mall, James C. Cordano Company, Attention: James Cordano, Jr., Participation Agreement Between the City of Redding, Page 14 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February 4, 2000 1112 11t Street, Sacramento, California, 95814, and shall be valid whether made within or without the State of California, or in such manner as may be provided by law. 8.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.5 Termination by Developer. Developer may terminate this Agreement if one of the following events occur: (a) If Developer is unable to obtain a commitment for financing to develop the site pursuant to Section 2.1 by March 1, 2000; or (b) If the Agency or City commit any material breach of this Agreement, or the City does not issue a building permit for the store or south end Mall improvements,or the City does not approve creation of a parcel for Retailer's store, or the City does not issue an encroachment permit to cover the ditch for parking; or. (c) If construction of Retailer's store has not commenced by April 15, 2000. Then this Agreement, at the option of Developer, may be terminated by written notice to the Agency and the City. If the Developer obtains a commitment from Retailer to buy or lease the Retailer's store site and build the store and obtains financing to complete the scope of development of the site, then the Developer may only terminate the Agreement pursuant to Section 8.5(b). If the Developer terminates this Agreement, the use of Canby Road for parking also terminates. If prior to such termination the bus stop has been relocated,any agreement to operate the bus stop shall continue in effect unless the Developer and RABA agree to relocate the bus stop or modify the agreement. Developer shall have no right to recover damages from Agency if it elects to terminate this Agreement. Participation Agreement Between the City of Redding, Page 15 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February.1, 2000 If Developer elects to terminate this Agreement for any reason set forth in subsection 8.5 (a) or(c) or 8.1 of this Section 8, Developer shall be obligated to reimburse Agency for Agency's actual out-of-pocket expenditures for: (1) expense incurred; (2) any public improvements designed and/or constructed within the public right-of-way, adjoining the Site or within any easement on the Site by Agency or City; and (3) costs incurred by Agency or City in any condemnation action for a road easement, including Agency's costs, attorneys fees, expert witness fees, and appraisal costs. 8.6 Termination by Agency or City. Developer shall be in default of this Agreement and Agency or City may terminate this Agreement if: (a) Developer does not obtain a commitment for financing to reconstruct the site by May 1, 2000. (b) Retailer does not commence construction of the department store by August 15, 2000; or (c) The Developer commits any other material breach of this Agreement.; or (d) Developer does not comply with any use permit or lot split conditions required of the project after 30 days notice from the City of the violation; or (e) Either Retailer or Developer abandon construction for more than 120 days. (f) Retailer is any other than Macy's, a division of Federated Stores,Inc. 9. General Provisions. 9.1 Notices, Demands, and Communications Between the Parties. Formal notices, demands, and communications between the Agency, the City, and the Developer shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt required, to the principal offices of the Agency and the Developer, as designated in Section 1.5 hereof. Such written notices, demands, and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Participation Agreement Between the City of Redding, Page 16 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February 4, 2000 9.2 Conflict of Interests. No member, official, or employee of the Agency or City shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which it is, directly or indirectly, interested. 9.3 Nonliability of Agency and City Officials and Employees. No member, official, or employee of the Agency or City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Agency of this Agreement or for any amount which may become due to the Developer, or successor pursuant to this Agreement. 9.4 Enforced Delay: Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrections, strikes, lock-outs, riots, floods, earthquakes, quarantine, restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation (including condemnation actions), unusually severe weather, inability to secure necessary labor, materials and tools, delays of any contractor, subcontractor or supplier, acts of the other party, acts or failure to act of the City or any other public or governmental entity (other than that acts or failure to act of the Agency or the City shall not excuse performance by the Agency) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the Agency and the Developer. 9.5 Inspection of Books and Records. The Agency has the right at all reasonable times,upon written notice, to review the Developer's records pertaining to the cost of Construction of the projects identified in Section 3.1. The Developer also has the right to all reasonable times, upon written request, to inspect the books and records of the Agency pertaining to the Site as pertinent to the purposes of this Agreement and the agreements therein. 9.6 Approval. Approvals required of the Agency or the Developer shall be in writing and shall not be unreasonably withheld. Participation Agreement Between the City of Redding, Page 17 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February 4, 2000 9.7 Canby Road Parking. It is the express intent of the City that creation of non-exclusive parking on Canby Road for parking at the Mall not ripen into ownership for the Mall nor create any obligation of the City or Agency to provide replacement parking for the Mall to meet City or tenant parking requirements when the obligation to provide parking expires or is terminated pursuant to Section 4.3. In the event of such expiration or termination, it is the obligation of the Developer to provide the replacement parking on the Mall or in some other manner that meets City Code. 9.8 Rights of Access. Representatives of the Agency and City shall have the reasonable right of access to the Development Site without charge or fees, at normal construction hours during the period of construction for the purpose of this Agreement. 9.9 Institution of Legal Actions. A party to this agreement may institute an action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default,to recover damages for any default, to collect monies owed under this Agreement, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court/Municipal Court of Shasta County, State of California, or in the Eastern District of the United States District Court. 9.10 Relationship Between the Parties. The relationship between the parties to this Agreement is not that of a partnership or joint venture and no party shall be deemed or construed for any purpose to be the Agent of any other party. Developer agrees to indemnify, hold harmless and defend Agency and/or City from any claim made against Agency and/or City arising from a claimed relationship of partnership or joint venture between Agency and/or City and Developer with respect to the rights and obligations arising out of this Agreement. 9.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9.12 Attorney's Fees. In any dispute between the parties resulting in litigation or arbitration, the prevailing party shall be entitled to recover from the other party(s) all reasonable costs, including without limitation, reasonable attorney's fees. "Prevailing party" shall include without limitation, a party who dismisses an Participation Agreement Between the City of Redding, Page 18 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February 4, 2000 action for specific performance or for damages in exchange for sums allegedly due,performance for covenants and obligations allegedly breached or consideration substantially equal to the relief sought in the action, or which receives from the other party(s), in connection with any dispute, performance substantially equivalent to any of these. 9.13 Agreement Binding on Successors and Assigns. This agreement and all of its provisions and in particular, all of its provisions requiring performance subsequent to the date of execution of this agreement, shall be binding upon the heirs, devisees, successors and assigns of the Developer and all of Developer's partners, and shall be binding upon any successor-in-interest to the City and Agency. 10. Special Provisions. 10.1 Redevelopment Plan and Amendments to the Redevelopment Plan. Agency represents and warrants that it has legal authority to carry out its obligations under this Agreement pursuant to the Redevelopment Plan, as amended, subject to the City Council and Agency making the findings as prescribed by Redevelopment Law for use of tax increment funds. 10.2 Real Estate Commissions and Relocation Costs. Neither the Agency or the City shall be liable for any real estate commissions, brokerage fees or finder's fees which may arise from this Agreement. Agency represents that it has not retained any broker or finder in connection with this transaction. Also, neither the Agency or the City shall be responsible for any tenant relocation costs or utility relocation costs necessary to construct the improvements set forth under this Agreement. 10.3 Evidence of Agency Funds. Pursuant to this Agreement, the Agency warrants that it has the funds to reimburse the Developer in accordance with the terms of this Agreement. 10.4 Timing of the Installation of Traffic Signal. The traffic signal at Canby Road and Dana Drive will be installed prior to or concurrent with the restriping of Canby Road to provide diagonal parking in the existing outside lanes. 11. Entire Agreement, Waivers, and Amendments. 11.1 Entire Agreement. This Agreement, which includes all exhibits attached hereto and/or incorporated by reference herein, contains all the representations and the entire understanding and agreement between the parties pertaining to the respective rights and obligations of the parties contemplated by this Agreement or any other matters connected therewith. All correspondence, Participation Agreement Between the City of Redding, Page 19 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February 4, 2000 memoranda, or oral or written agreements pertaining to the rights and obligations contemplated by this Agreement or the parties hereto, which originated before the date of this Agreement, are null, void, and no longer in force and effect, and are replaced in total with this Agreement unless otherwise expressly stated in this Agreement. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. This Agreement shall not be altered, amended, or modified except by a writing signed by all parties to this Agreement. 11.2 Severability. If any term, provision, condition, or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable,the remainder of this Agreement,or the application of the term, provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 11.3 No Waiver. A waiver by any party to a performance of, or a breach of any of the rights, covenants, conditions, or restrictions under this Agreement to be performed by another party shall not be construed as a waiver of any succeeding performance or breach of the same or other rights, covenants, conditions, or restrictions of this Agreement. 11.4 Legal Advice. Each party represents and warrants to the other parties the following: they have carefully read this Agreement,and in signing this Agreement,they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective counsel as to the matters set forth in this Agreement,or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement, or representation by or on behalf of any of the other parties, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. 11.5 Headings, Reference, and Joint and Several Liability. The titles and headings of the various sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify or place any construction on any of the provisions of this Agreement. Masculine, feminine, or neutral gender and the singular and the plural number shall each be considered to include the other whenever the context Participation Agreement Between the City of Redding, Page 20 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February 4, 2000 so requires. The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall be interpreted as if prepared jointly by all parties. If either party consists of more than one person, each such person shall be jointly and severally liable. IN WITNESS WHEREOF,the City of Redding,the Redding Redevelopment Agency,and the Mt. Shasta Mall Owners have executed this Agreement as of the dates set opposite their signatures. CITY OF REDDING Date: Pat Kight, Mayor Pro Tern ATTEST: APPROVED AS TO FORM: Connie Strohmayer, City Clerk W. Leonard Wingate, City Attorney REDDING REDEVELOPMENT AGENCY Date: Pat Kight, Vice Chairman ATTEST: APPROVED AS TO FORM: Kurt Starman, Secretary W. Leonard Wingate, City Attorney SHASTA MALL ASSOCIATES, a Limited Partnership Date: Roebbelen Land Company a California limited partnership Participation Agreement Between the City of Redding, Page 21 the Redding Redevelopment Agency, Mt. Shasta Mall Owners February 4, 2000 General Partner Date: David Thuleen General Partner James J. Cordano, Jr., Children's Trust initially created May 19, 1992 Date: James J. Cordano, Jr. as Trustee Cordano Associates, a Limited Partnership Date: James J. Cordano, Jr. Trustee of the James J. Cordano, Jr. Children's Trust, initially created May 19,1992 General Partner J.J. and J.Z. Cordano Family 1989 Revocable Trust Established June 6, 1989 Date: James J. Cordano, Jr. as Trustee James J. Cordano Company, a California Corporation Date: James J. Cordano, Jr., President Jean Derr as Trustee under the Declaration of Trust dated June 13, 1979, between Jean Derr, as Trustor, and Jean Derr, as Trustee Date: Jean Derr, as Trustee Date: Morton L. Friedman Participation Agreement Between the City of Redding, Page 22 the Redding Redevelopment Agency,Mt. Shasta Mall Owners February 4, 2000 Date: Mark L. Friedman Date: Richard L. Miller Date: Marcine Friedman Date: Marjorie S. Friedman Date: Nancy J. Miller LIST OF EXHIBITS No. 1 Mall Location Map No. 2 Site Plan No. 3 Preliminary Mall Elevations No. 4 Improvements to Old Alturas Road No. 5 Statement of Completion No. 6 Parking Diagram No. 7 Parking Easement Agreement No. 8 List of Improvements and Costs to be Completed by Developer No. 9 RABA Bus Stop Agreement No. 10 Traffic Signal Installation Agreement / j __ . I __,..__.ji BRC'NNINC ST . e .--• ..4 I ' '---------------- \ i I i I. g 1 5; .n.... I I • I ' I I 17k RCC:<,kv i AY ,R ---- 1 — 1 ...1 ; . ,. = ..... —... / 1 . • i .. .--. / I I 1 I H . — 1 C '.... • . i • i I 1 , = = I 1 1 La • I HH : i 5:! _. ... .... i i 1 1 i E , t : 1 ti , , • : • . . : , z1,..<AcEs ! I i 1 i '\ .•,'////,/,' ,. .,„',,, , . \ • / 1 ; ; 1 / I -i ? 1 r z .........), / , 1 17-r-'''............. ............:/ t V I 1 I 1 \\ H 4'14 4 • . ; 1 ------- ----.---J ______ i H t. -----; F: r-----------------__. 1 \ Aid 1 \ 1 / ,,-------,...\, , E wy 4 4 I I i LI// ! Ili SiA rH_ III) 1 , ! \ -1 , wCOOS1OE ktEA0OwS --, ....5....?.< SCuRCZ. GIS DIVISION CE'Y'F-CfN.4ecr S&NCES CA.1-71i4ENT '....... ...... LOCATION MAP - EXHIBIT 1 ATTACX M ENT: CA3COwC\ UP 39E1AC.4 JULY 24, 1998 i ------.. EXHIBIT 2 rII-�iIlililiii L� 1= �I I1-_E 2, m =_.=1.! . 1- =1 . �*-- ,1111,111'1,r- I Uunl, Ji ii inn1iiin 1 1 JIIII1illl',IIIIUUIIUIIIIIIII) n:,•,- nt„,,, ,/-� c.i I . _ o 0 ; . � • r i v C�1 bah. ,, . .. . ... . .r i •.,-;,,,...;• ..-7.- . :::::5,1_,,,,,,t:.::::::. __ 1212.mtimems......,1, I ' .° L.I E''1 1 'I 1 F *kir.: ° '';',:::.,:;:7,1:7.,-.. '.f 1 r d r 1 I 11. • '4-',111 111 ; ' ' + 1,, 1 I 4 '�Y� `'., f .I I' _ a !.- tom' ° " ,'• V I 1 _ L ,.rr- ,s L;4 r. !I (���� s�rx F` t'�` � �. �` a v ' I OlD ALiURAf eo.o ,x„'r� ,-�' t�y�`^ 1�'�j a.r% �y — ,,,,SI '.;. 't. •--r-.. !--..7,t;,,,. , 841itigIl^-".. .._'i']t_:- Lr.i1 — 1 1 .".•,.. • Aral 1sx ..Y7•, +t�u r i� t3r,"iy ' `moi n I i • r ,41.2 .. mrAt �' .7S• ` I r s • �' Y " t .� F3ar��. , •= , . • 1 „° Y.�M•—�a-.,.e�i.1.. '.el, bill! =—i J K. t— �� —— J . .1 I - i I# w LL _ • Q Vii: . I GC3 i , ...., t . f,;,” -b dt.: ...:-..- 1 _i _ . •:::. t t 1 1 � I L ,` 1l�Jx . , L.c---,01 \` ------: ...M. 1 .\' 0L0110'.•..f.i -.-- --...... ./ • SITE PLAN rearm, 1' = 100'-0' MT. SHASTA MALL 900 DANA DRIVE REDDING, CALIFORNIA 96003 A 1.ORCT/OR ROEBBELEN CONTRACTING, INC 1241 H.,4.Met CuR W.700 6 D..O°Kik G1f.m7 113762 U o 1' >•. N -28- '8:7 ,.,L: n m ,- n m cu U Up, Q u cocu •o Z �� tC 3 „- 2 <en <L) U — CY = N I— u 1►— J = A CO Z N O W U p on Z p EE Jc .j W r`+ w m W 0 Ii 1 '' 1.4-♦-'v:!•.f7/sem �� / t li ,s. ?I 1 • )i4 wH�.. I . li4� ' .If3 .i i 1 yV/T Y Vii, , _J y) bt 1\ AIr. f f4..i rA ) Q , • ! y x. f r 1tr. v Q 1 f -f ! .�� • -, �? Q v JA Ave.-1 ¢} S Q "o ar a- - , f w • Z `'wt • -=1,yf t \./ l f 1 ,i-...!.,.4.-.:.,_- 5, Ce .i., .. !I.; 7 lirilk:... ;' '7f.,. .\1' Al1 • lx'11 - . A_ . - . cn ZZZZcnw "r) V) Zwl-- ZZw v �o� �ry H O Z > , ZZ � O > oc 0 -- m o_ op W 1- dLE2O 00w1- H d � W Y m UU - - cn UO H De CeCeQLULLI UQ > LUUJ > < 2 . _ t499 Z U � OOWLr"r) w > wNVIQw y 3� , 7. Lr) J Ce OZcr) w } L J ce 0 o w v O Q U L.L. - d } - � UQ1- 0 c ° 3m O U 0 00 ce z z > ' Z � Ov m 0 Q I- i- OZQ1O2 Q a. w w Z U od O,..., Z O E Q } , 2 • , 2 � Q `rr ""r.4A£wr,t '� ' .-, = Digi y1: Ya - • t. -'Lt ...,�'x v FtyeZ Z:, •7 lr. { C 1*--,,-,,.,-,....g„:._ -(Y• Y.a yam. , '' .. S i .� el.... ...2 `i`.,..47 ,ice •4T:I n -• r 'G .. .. - ,. ., ; '__ • - lv V 1-;-;;:::01.•;e-f " ` "!,- r.Q,f 7T' 1.1rt oY _ t!// { R . � '!i ,� a'•N¢r' --r �� T- s,N 7 .z`''N1X ':.;'P�--i - ( 0 ....<1 L .J,. 1-•p� y, •ai t :V''ler•A'4E!F' ti.' • '�p`'.ii,VP.''' �`t 4 - i �,, ' ', �=' 's -:.;.7.7411, �jti'J O`" 0, + AC fi.' NI-.r!� ros ``r.":1•y��t;fi t rk. t ° . S. .- fj '' \�y- ,•11&:.. -':2 4' • U*�IA„.'t't0'T Y a•,�.#,,,r. t :'".��... . aa",. rr t ti,.-. ry, of. •'- dvfay0,0741 4•,14.1,;-!•.....;"!:....'l t-., 'J. E',1•••-4 te✓ .....,•-""- r •' 11--4-1•'4, yyyO���F .1.d.-(--,,,--:s- v's a 4 !'L-A... 2v a i T ! ? M 1.1 E :e ,,r,r+J ,. ,a '.;A }:' 7.J `::::4_,A.0-47A,.7154• t . 5. Y2rs;iti .'t.-.-,,,,,,,..�t ,, _ 4 F , 3 S U ._ a ?� l'r•L',:454r ,g3/ } glyi,t _T�` * '.}yid r(�` y t.{ y , y g1GJ U"x'e .gi447c.i 'a"'i. i{t , LK Y 'f r ,• � .} ,tom,"' i `Ni app pp,� - - ; a/n 1 r 4} C,4, j `p.i , T� wt-- r� y3 - �! .G} rd M rC ( ,s . Ok } • ♦ ,1 ' } ).Lt .-=Scc rfF� <{.� _... ir dFO {, fi , t i . . , ...; _., .._.,.: ,.;:b..4. sC X`E ;4x61.1YH -','''..,.-.,",:.:•-•'• ? . .-1,c1.-:,',3 4. 4. 'fee 6Y�; c:y .04:, ii,, • r 'U '.,_•.:'--..,"..,!,7,-‘,•-. •.:r ,�1 .�Si r4 R\. C 1S 3 C; ri as ro ''..../::.'4;.•:'%'....:;:'.',: .-•`;':::;'. .^.,QJ., .,RRy"�r� rw �Z ♦ �f, lL h' rT`=.'4 . "itis F 4+ fit. 1:E3,- .,;- d, �, O;• ^r!"' r r:•3 �`7. . i2 k v A+F. f. '' 'ir 3 p4 ra -',- 3 y'"�,i i �• ��y., y6' '.r rtT'' .r,� dr �.�wa► 'y-� t O i. i'ia1i � 1i CT bra ,,L }t+Ui 1'•00 ,C'4.'� LE:L fl:;: ; „ L -U 6l'-' - - {,�' 547 sr...,.„r, t w x?.,y i,,, Gr R rw „ F �C C Xk�'�.k' ._.,...,..,.:„..,..„..„...,,,,,,:„:„...„......./..,...„,.....„ „ r. cs. 4+ > 1, C .,. • 7 O „ , . i ”-fA-`,=2 ,y + t a ,2..: i,--,'--%.1/44',••-w %. rC'.. R - ;A C , p , ' ,Fr "a fy<ro,L' „y r� '� sn t LT,' N • d. .'.'Q, - ,� i!,;7;_;:!3 j �,-;14-t.:vi y) • r 0) rr O p .„4,...„., • 4e —..-:,:q.,-.,,„,,,,,,,,,...4--,�'' .„7. `'.i';"gFr.-,. dam. y Ii .� O�d a- {c-`' yr �pf C.x �:� .C= O iKi t.-- 4.' i '�'�;{•1,� Y1� .y. ,y .•."7.-'4;-''';',•;-:;., .7-.:•:-= .�yti r T pp ;_ U � }' , ,.�'s..�•..ro Yit?a Y F}}�a 1-� .0 C .` -,,,7-=•-•"-`S1 _ t 9 s ",y. Y'.a -ta 3 i. r."n y * r3 t�R R 'a y- R '�'!it' •`c I ,�. a t t„. I .4- z .CC., 5•e^LV4 -' ,•-,„-L-• V`. c,!,, ,c',..),'!.:-,t,' l Ft Ci' ,. '''''''i-j"-'4-'1N' ark 't^�.,.• ••-::=.-,!-,,...z4-,..„-•:',1,..2:,,,,,,,,,-”‘. r i-V'S, '2 Y1 f�. Y 4G r tri" : O #r a +1; r. 44 a.rW r rt 7 ..� ,y` 60D 4� 1,0 _-R 'r-7�'' Lg.:, vi, ,r' FrT,I +i1 kl i •:''.'''t...; t.:•.(M.:•.,4.;*: tar y r• s 1S,f,rxro $`nom ,� Sia r §e-r n r r'" ,,• f_y fQ .� ;' • R §' c 'SOLS.41. pN rF-t?5 �i' l"b .�`"a rR},yr '.t5 � B+eP+P,4 f.341-• - TS `�S' � t y';:'7,l,• avid t,-,,c71- 4 r;ems, ` <, 4, ", • .- 3 1 * i'- b '4 . J � IV'e'tk a, r443l- j ) , }} ,. +•4,$ .aoAs . f r-"' r';'• te . . ..... . _ .. ,. ,...:„.......,,,.....;,..,:,. ._ ......, .., . ..,,...4p.,4,4414,..:, ....,:c, .,1„......,..,,...„...„....,,,.,•,„.••,..1f,.„,..1.• ... : i_: ,.,..----,,,T, �L l .Y F., rL1 'IT�yr'4 {r'.„ fyf�...o' T ... ,. . . . ., ........„.„.. „.; ,.. .. . . .. , is N.r "+yt b.: J a . 4 K.,e t.e-> :14.ri.} w i�i.,� .,:( s--',3 Y• t Y 4) ,xr L ..i:,...,..iii:::•!....',-••�`rr - _ , A'.-YK t ! 4' 's ..J , ti` s j : ' -� iro • ittS.. -s y r 2zmg8 e f, se ea a }f 'kaSk " 't tai o 4l- ,',..,t-.,1,.,T� .v,z.44,A0-.1...-:„,,,,,..t. is ._.v ► 4 u w (1 ,-„,..4,,,,;` - y� '..1ty -..I,4A!'",' �er,y`j - --.4.,,,,,,,.... HG Jr.p • L'kEt 11.3 .2. ''.:4;440'.,,,4 `"is'r-M,P1'..y A."'+ -ems.' „•t S v6:' '."...-'•`:',:;.4'1:' .` vt:.,,40-0' :4-':::-'44‘.', 1� 5ya 5S. r)4•s k.w,.,,..,:.,i:!,--2:4„.,....43,21.•.,'-',.' k y[ F•d 7 '` 'L ,_ j yM';,. a{ -,-,.,--i:.,c�a4. • • � -'r' i a�„A. ? y.'7-4-:;„„7,-Ci, 7 A ;K-Y,'- Ai#' .; ,5,4 � t tt//1 SW 6= W i;°" t y.Y ar:-.4 w h t • 3 , Z 'S,1'".. 4ce 11-. f 1S':.Y te:-,kr i� -, '-i.'ti 6 N co- O .:art \Y .tC , ' p__ �r"• -t�•t ,.... R:� :' . •8° i, - .•;' :, �,, ;F- Q i ° ct- t Wt ii un e io e . , •I , • � 1 , , __- - .amu Ir_ ��r, _ _ ___ %w1.._ .:-.-•• •i V(— -a„,...................;,....- uii..iii.iii.i.il..at..........0.miO..m.■_r- r" l�..fi..immu,lnnlmnOnuu�� -- I II - I ,..1.;,.:, —..•I . . . L . - - 1 I - I - - - - 1 \ i llRllQrR1RN1N1� I I 1 ' ` 3 \ i . N' ;II . i1 1 - ' I . �' �r�16.9+,....,ffirmwo=11.., ,' I�'• r� „ i 11110 I - i (o ❑ ❑ (4t)s•��-al ,....;. ,; ' `; / SII! 1�1� X1;',10mitutir.,.. .. j p \ I WNW Imp A I �y — — 1Q � _.4 ais'•. /fr / 1,..___,...__j “ 4. L . d — —' _I • - ....t& , ji i-- --,— — =, E � / I I CO / ::' 6 - IiiIIIiT HliIIUlHld c •..o H Q V) O z 0 g 8 QW ..•i o U N to LL� K F . ..CO CO, 0 Z §i i < — A : •, 14 1 i 11 § : : .,3.i.j A ...- 0 0 L.L. e _ 1 n 4.- - - --r .---.---- -------.=.----------Za- -- .... (WON MINVO .... .„.. — jo,MI:Mi IIII=IIII• ••••• Al. _ .A11 Ilk % A \ % iiiim=solc=w,es=liff=r- -- - - -- - - __..__ I I i_ __ _ _-_______ = --) -,{ 1 L-_2.4,- VI I I It I I r milli f14-ie V„P.a ,- 7! 1 111111H1110111 _ .. -1 -- \\\\\\\\\\\\\ ‘ 0111H111011ft L--_- i . . f r ii i ,. 1119111010 C----C---4H-- --t 1 ' ›._ ., - ' • Z 111 --,__ •--,:-.,-- --:.-- ---_:-A• LLI i ,-- ‘-- Li de >.T.I 1 I 0111 _tr. -__,,,,, C --- . „ IIj Qiiiiiimitititiiiiimillii9 ; . .._,_______...” "- •"- IC , iir ' in .._ Ckillr1-1-0 I 00" . )-:X. I 1 III. . . -J r 1 MIAMI. 6. . ° . ,•,Ii *, Iiiti 1 ' • • • • re `-' I UMW . _ :::"' ti All IIIIIMINIIMpIll — :•• " Sn rilliMM Pa=ii'^'.,!•:-, I c..) 1 Ei n , t ii , I : 1 • • \._ i i \ - ./C cc ,511m El . , . _ft._ _. ..1,,• ', . _. -jk•,_,,....._-..... . , .- .CI • : ;-. - -1_, • • 7... L6 — I I . . . .. ... - I . _ I • • a '1 j- t i 7 to amm .111 s .. , • II MEM ; C—IT.1 ,...1 I CO I I IN • : • . a . . < nom mom =IL —1— -—- S — C) —I • I . a i ---— —.— —. Q-11111/1111114 MI AM OM —. i - -ik 1 LA CI3 s' I' l C3 0111IIIIrilIIIIIIII11110 .. , _ r---1 a 1 :i .- .31111114-1-1-1411414414111114111r ) II _.,1_ _.--- 123'16 MIMI cc101111H . 4....._._ _ Lic Cr • '''' (I 0 SO-J U. . . 6F3F CD ..I-"I z iii . . . o c I; 1 OH O �y_ O -- J E O I C\.,...=-7 '-1‘..40*- •5 C 46f tt 1 is �=�y J , z1;�r 9i W . • . .. '� ?� III a � � -_ giminillrlL' f 'r — I • ' • Z • i Q ce a-�I <ao •4J ZZ WNW Li)at ''� , • up• tn W m J 1 "6.101/ ii , 1A' Ili _ i.,4.,111.-4-''--ii ..... Y Y 9.•"4 "Y W N N — AAA: I O+ .` U moi,��.r^'--' Y CO - W Z `. air N W a - w r-ZZ O ��.:•�. ,o r man l ZW w3m � �a•. ID L.... mW I W �oMaa ���;, .; O,N r fn r Vf 1 ��N , ,'• ' � • ?rel' \ Rofiwr N U O n .• .I Ow W I n a`i •`,� oB an _ I L S •►•_ .C7 1s6Ql ............. f�m 0 i I vos£0£. .. e J el' . ...„ _. ....„, ,... • • • as FI t®® "Pr Q L._ ,,\,,, ,,, v N 3 0eI wei 4 4 t• ' /rD wZiia L'j , ; (41) � m� U a a ij i w o -- . • W W F 2 iii ail= W gr- m Z I- 0 : ja . Qs ` ! pp • I % W m If II I..I"-.i.i W E 'le I Tlil; , V fv .:St;, , .6 � ::.a; ' —1 '.# a ta I3 • gyp` . . [ i•.. I u si i "IK�efp u�i ` ..li Z I♦Iir 7 ...!,'"'",,,,i a' Z o P , :, X 134 .[ —11: II II`I ; d: r i 11i it ,, .,. IL �� ' i W It! r VT. J rt: E:7 4I 444: w r j 1 �utr.-.A g • ,11 1 f . uiius ;t1' P .I i 4a: ;ill. .3• Y xv 1 : 1,...' .}tib. 1. 1'1 4p,. I Q 3a tP ih' i_._I u H semI( N V1 , 'I I Z H 11IA'47.4.7.,:l Z fru /r�.r k ;y,. 4a w Q o W Um; le W W D cr) w O Q i= 2 C./1 W W JI= ''' > 1: - t f • '' ,, , . . - il,i.. • . .).-- vr• i •• ...4 -,. - .. • z.i . .: :, . .f, LLJ e -=.• 'P'•1- (.‘. lie r„.it, oat-' f• - 'i,if ti) C. ... -. 44.,;i..?:..:;17.0 1 r, LI 1__....... 0 , '...iyiti : . i..• .,:- 4 L.0 E 1 z a. .7.•; tr. . '.:1° .tC70.2:-.. jiff... ./P34 ,a. ; ''..., 1 0. .. '. 11::. g '.1-r 0 6. t. .',. - ,it'. r.:' a.l.rit -,-, .... ...• ,i1Kis IN, :.1•.• , li .. 1 • ' '1-1 'ilii--=';':Itt -.. -, ,4,'.„...;'''''--','-. ::. .!;'.....,---'- • - •. ' I-1 i. iiiiiwillit....c•-.....c.t....T.,,,r. r,I., ta;:-.....' -\ .., ...'"";''''' ... CC ',... . . :. P.,' • I ,.,4rr!rrri'll If... I.C.-..t 4, s.; 0,., - ,-Itt • • - LLI .i .-.-',-• -I".. ! ,i. °‘,•.73(.?..::,:iiinv - .,,.'„11,.%,-,-. ...vii 4 .-. , ,„%, - - ,, .1, r: .:.-. A +-.. 1 ' .1-11±.::.,i.;:l . Il" lig;t1,i'ikt 'I'-.•'.4.--•'.',. l: ' ? ti 1..... . . ..,, : ... ... . . ....,,.., .•_..0.,,.d.:k...,.:',,,,,.,. 1,.....,... c,,.,,, - 1 ..-,,,,te LLI - .. , • ft, 'Ap., • '• I'; r.! I 7,., ‘41....pr..:. ,,At. .1% • ••'- 4 '• t • k ..-.....-....,,,. ',4-f,.: :111.%.: ,.,...:.,!, iy 1).1' -•::,* ' ii; • • t;:•: . .... ...-••••, ., •., ! 2 '•„ ..-:, . ,..k.si,. •: ... s.'y -, . - i ..'-....' ...',.I••:•-•(..-1,-1 ;.• ..N I; i"•.,„/4 v••••,!''..:tif.4,--• 7 '--• .:-'-- - •-':' • •••• 4•'•: i•i-'-•.:••••.•.' '-.-- \::1 ,-7,•; . .-.•.-!:.-:.r.:: !.,'il; ' t T:',tql i 4,14.. ;•14A t•-11 -:4 7..:•-...,.-1,•0..-..7:-.*, .. . . --,:,,,,.; ••, ; ; , ;!.'..-' 411 -,miti 7 V-'7 *-- (... : •,.A.. / • e . . '?...:''''..t -.4'..:'• .. . fyi'.::•7ii•I.,i.. ,..;••!.... •:. . •,. .. ..! 1..C."'-,'‘,. ....k.,.' '•'5. '......•]...1...:::::. 1,......,/,,1; T.' S411Flkil1" l:1;dt":411„:.'; PD ..• 4..• ::'-'.-.4:=Jr. ‘ . ..•.'.. ...s. 1% 4.- !! , ',.. --: lir- .: .. 1• _,:, A: . 1 - ,. :..,,-..;:,.;:::7:. .1.'oi-I' ,:\.L.!:Z-..-, .:•;ef,' ' .7,,. Li?* :,,, '‘', ,..,-.; •,...7:.......- ,.., ,, , .\ ‘,.,T,'5.7..A7:1 ,t-i't .-.1 .., i:i.'2.•. -41:-...., I 't :I. ..,,i ':, .,.. . .:. : it,‘.\',•4,-...;'?..',.tkif ;:'•';;Ift ' 4.7,4,c.•-•. '' : .:,-.--- .`,:ji . .f i -,' ..14.:::••••1:111\ .„V-7:: ... ,;'111. '.‘,... ..,.--:. ' ‘ •1 ',1•.:11 , .. .•-,•,,-•.- •-',..," ,1.•i , : - t,4 ....:;,,r,,,,-1,1:11:-;--z-Ai'!.' i'.;„t\< , . . . It • :••••...7..-• k,i i l - ..•,: '..,.;1.11rtiattfP:., . • ••:., , '' :-. •1 '- ,- , . ...,,,-)., .PC--'• ,'.•!..,.-,,,;...'d'..-. _ . IA, t - ' ' - - . _.: •0)•--.%•--. -c!.,;' •.-.r - •, - ' •'" 11'•1'• .!.:,-,....-:.,..,,-- ..4,,...., • .- .• '. 1, Yll--" .!;',..."....:•• • !.. •-•...%,........;-. .. . ...-'$t. • • • . . '::-: .''..A .,.....ii 1.1-14Ni•s! --- , '1. '-...'•i"-.'"''..:.-...;. .,.17 ''''.;• "'. ' '.•. : '.7...-:.• .' ;:',.'1 ! ..1 . CI .4.i; . . -'';'•::;;,'-....*-=.•,* .-.N••=-1. i '•-• tl.::•:.•:-*-4.1 ili.'111 ' '-t . -1.--; r,j..•'-.- • - :•:,::t. ..,,,i11- •. ' r ' ' . - i.• 7.4.; --, ,!..•.-.-..1; , ! •.11 - .,.; -2.--410 .4',., ' -...\ i.;-':•P-,..1*-'''!''- I 1\,;:,.„_, 4,i,:!,....--1,-1,,-. • - t• 7:••••-•.•-•. '•:;.,11 .40,,.--1.-- ..-i.4-'.. . - .. .. . . : -.:...T. .• ..,...,..,... .gt,,,,1, ;.,-4-1 .,....) ......,-;.....,."..i.2: • ... ..‘• . •• 4 ..,.....i .., . • ::.''' :' 4.;c1.- • :'..•.','...''--''' ,. 1.1)...1-v"''.. riii44-,. "i i....-....;,-.- ..,.. . : tib, - 1., , • 1:1' '...,, - -, A 1!t ..;.._ I • • .' ...•:-. ' L .,10: ,:lh.4 •; .'/, ..,:I. . . .L ,•." ,,,, . • •• .,1., ;':•?. 'A.; t• , 1 . 4 :s.'' .I: ,•n;.•.'.:•••••• •••,1'*i. •'''...4 t..,:4., •..''. , . • , ,..... ' .;I, I • . : • ....-..:: ..:,:k..i. ....-.-'..:....-,,L4....,. -tip,. .. , ••--,. I . ,', .. _._;:t.,_5 :::•_:,."-::!..-...'"':'.......i.1:1;:,:i..,7;,...,,•*--,7' if,'!• , , ..:' !•itii,','c'7,k,''., ' --•---.'"• ,4: ..-1-;: .',.:..ftlf-: --i-i'"?'..jc''':'`•i::. ''-t--f i 4::'''--•••-.'l'A't •',I- 1 A.- -''17.-s7: - '...:*:;;", I,. .1.4:: :;A:,;„7,,,H);',,;.fi',:.;•,: ,:;;,..i.,,:-: .,:..r,..,, I 1 ...• .4: 7'.. ..• ". , i ... .'i :,'" • . -',,t1-'d • ,•'', ..,17.-.1-ilt,..,... ..ii:-...;.....-7:.•;:- , ,...:-:;...ir.'.'" - •:.-:•::• ..' . il .I:.. . Ili':;:ovirk .' "..,-..\:-.,--,,.:•:.'!•!..V.1.-:‘ ' r•-•':-.:tf:41 . '' ..-3-±At.;•..4.r. bk • '' .''....-.. '-',.;.'I...,-. '-••'); ' . : . ' i 11.4 1... • :A!•,.:.1.'"iiilli"ir44:--`: 'N ' ,ki 1 f..,.:•,,,, A• '-..:%-11::_...`...:- . •• ..1 .!--111.:.:,!i''.: • .,.-' -: ..,)44.,..:- - r: 4.-- ,:. .....JA, -.--,.,...,vii? , ...I ;-.'•:"-•4•_V'-•-1,,••:. l'• -- w-rx•., ; ,- ". ..tr.:,„••:..„.....t.., :. .-,. -,,,...-, :. .,..-. p ..._...,, !,,.‘, ,,... ,,:, ,.....:„..„- ::. • ....-:•,,,,, -... . • t, ..,,.., .i..) 1,\ -q,.-liJ*e. -• ....t.:A.. -i.r:hm,‘ ... .- • •••,,,,, -.... •... :.:. Ao, , /, 1..‘ :•...,,.. '4:f4 ilinti . . •,,%;:-:,-...k,.4:i.:,.4....f::filt •-• I ' . ... :•7',T • ' \.\'. ,i,. . -. olfr,i .. ,..-4,7:','•:..-1-7..,. (z) ...-.:: 01 •:;:i."..z;:31., 4 • • - •.'-) • Ight'l• T,Pki....:31"-.7:1'4:-...r. -..44. 0..-7-,•_..2, < t! I \" ',. ..4z.yfirVi i4,1i.'',W4:-.. I ••-. ..... .•. •- . ...'1 ,-: I.I 1 . -..' '''..i..1‘:•'!. :' •(.'r:.;,'..‘....-.*: ,:04.,'.4,1'.1.,1'?;:•'.44.,•-'-4.A. (f) + .p • L,,-,‘• I ',. *.', •.;,-,4w:h-..i.V.I:A49/:'..241,"... -.: . ' : ' A .1 ,,'....- •,i1x1 N.Y: \i,"-....:-..';'.i.-i-Pli..',--.'.'.•,"..:7-',4- . . 1...: .--- . ,,, i.r. •:.. if-,.,.'..):.- 1:f.F.,,,,, ''.,,,., ..,. ...- 7 ..,*). .1 1 • Ellimie ,,..t . ,...,.,,,..,,. . .:,,-..:.':::-..i.,,,,-.. ,,A . - r I ii -CI:-1. **i...' 41rj.t.'' '',-.A; • Ow .4s, 1 .:::.( ''.?-ftr".•:,...,n,-;„i'll,•,......4,.i 4 E z 14 2. • t ti ,,;, I t• w....i,,:,• :•-•,.,;-' •:i..1 it.;\-0:.., w a • .-.. ... t.:!-- - ,' 1 I I -EY' ':1 ....'''. ..,,, ./kk ID 2 .N,,, ,. ,k , I .-..6-: :• 'i.:••:-.• w -\ '.. -, \I 1 ;',-.Ei.4.. ..,......:'-'....-.....-.. .,:;.7.:.'1- , • 11' ' ' .., - •r ••. ; ' . '-'•• •. .. I . r t-•--:,[.•..!%.,,:-....,....i.:::...-.: • .0 IL_ \ w i 1 I- 1 . ..- . .. • - -- coUi imi-tii,i EZigga V . „ - • •i.. , ..• .r. ' • eva ••• .;?. •.- N:. ( IRSIIIT4 . . • l'" •.... e1 . . 0 SA •_,...-..... \ -.,,s\-,,,&W.:, 1- tt- -:.-' - ti• .7.,-.1.!4•4.- k i. ilidlikP ' ' '' l ........: . . .... - .Iv,/ Ce • ..... ,..,-,---__•.....---._,- ---,:-,,,o- --.!-- i.--- ,-...,--•,..,..-ii-t--,,,T,....,I; ,.... -0 ,......_ -- _. cc LLI . ' - • • Rimini"- .' N.:74-F.m,-----:,:-.;-:-.:-...-;7\t,..2-7-.,--.4i•zni:: --;•._•",,i:••• '.-..--. - Z I 4 . .-A.t....-:__•tal: .,e4,-.10611.-_,.:-.4 • •i Of 114'" 'Itliv i 'it y .,' .:,. , . ,./;" . ...weir--r•1 .,§---710"-•/A7•_......IT/4f 00,i, ,,issii. AI li•_,..-:.-r , •-...., ;P:-,,-., i t. i i--....r.. ... - . iiiiii4 . • a•.• .. • it. • A .. .,. .4 —... .. • I,' 4,, il , ; • .- , i,,,- - . i- -, .•,,g • • • .,..„.„2,, 1..,..7-4., •.-!,..- i. ,.. 0,....;. -,-..,A. ..• • ttl''. 7N f4:14.:%, 4f4reulL -,.- • ' •'-4 a. , r , , .., ..:‘,...--.,:, .! . k-.t-7 ..--,..--.._..—.--,—. —,•,,,,,-. ,.,,,..,. , ..... .. , ,.._ .,.; ..,.... • ,, ,,,...„.... . . , ...___. • - . _ ...-„,\, . ,v, ,, • ,...,.., . ,• . ,. ../.., .. ; ....,0 \rt.\:... .,..,, ,. ,...,,, .L.„.,, . 3.__et_ri...iwat. _._. -7 ' W.,.:17` 6 •", :--".Al t.e.fii. ..' ' i, I i ‘:'1'\‘k.'‘..,\...--,-, -.:.,,-i ,r. '‘:i,...-.gN — - .1.qi 4 • , .. .t . ' , ''. '.. . 7,AcIr. ‘ ', "":11). • • i 1 • ' V--. 1'- \' . al t.-_mVamia. I •!--- .. .a, if• ,,, ,•,, .• ; ,......, .... .... .... , . , ..,. .. . . ' _ . .,, .. _ ,:. •-"'7 I 1 --='- 'i".....„7.fil ,,,t-- .. ,.\ •,,.; ,..-iii..," ...0, :IL : •. A A lip.'t .. - 4•••• .1, I. •-,r, 'A I.s4., t; t,,,At '.• '-111.‘..4*: 1..---•- ''. ,..). - .•7' ' IN . 1&•.°:iro ..a‘ •'46. , A ,vt• -....-,,_ 1 44\• . , )2 aliv. ..... '•-••• -"IlL .P,-ipg .•/F-'"a"- ... .... • ...- *••; '''? - 'VAS -- *,,;•-'1!••• ••""••••:',1-4____-*. .41'. -----r- '4'6' •••,_ 1. 7:-.7.., , ...........t:s . . ..,.....,;,..... .• __. •.:..",....--7,_.7.:72.-tit,.....,„„/.. ,..;, -*" ,_..,....,•.it,fAit iik<zic leelif,•02.11. ...,...a_....rirrt:46. 614p.„_. ......-._...._,.. • ,'..1. ... . ,4, -.4", -.-;'• ,- ,* 4^'' r3klire, - -CO' ---*.----re.iiverOlik- 1,' 1 ..- ..- ',..nr.,..! ,,,,mr- - - •w,.. •.- ,- r.z. - ill- ,iiiterciltr. -.:'' --"'"----1, 111111..tfo'-- -" ' ''.. .,...]( t. ,*! .. ,tr, 4..., . ‘ so.. . :.. , ,... ‘k ts-,. t. .4^-"-• 4 .2;..- .11'. 7pi•iii Yie: rf] „5,4--.-.:- . -.1 • -.- ikt . , -•...J. •=-"----•*k) au 4 Cir-42a:kt-ilArilt\:i 4:-.. rAll'ilrk iiim--..•-..=,.. ..f.;:i.-', ;7,4-,., •.,.IP 4 ..-.., . -1 ,..aarlil-... ltP.I.Stitiri -...•---...",;(7 _. . 1. .-...:N?•• .:;.' .....''''-'..,•••••4.)0iP.... • "..', .. ',. .7.,.. i.•- ''a"ra% IPitl •--1.1 Ir..:`-• '.-1:0;••• '-g' '- : '.%'• . ;- -".-; '•'0.' • - ..- . o .- , . 1.,7-0-,0,.. 41 Ts1 • il :.0i1.17.:.;,-.. i -:N.; - ;....-::, • -....,„,," sty.- ..'....:4 4 14:,.., 1/;,/,‘,. 1.. „JAI 1! ',., . it....,,..,:-74F.,...5,717.1 • V` r.,..;••• t 44...*:.,,,,. - . ,, ,g,./ . ,._- .,,,,,-, ii i . ,........'.., , ._-,.. „ v.„,,,,„,..... .- . .....1 t ' ,-.-.,. !,....1 I -.11 op - _-L-•.-.d.,-- t.',!, •. •,,,4.. ,,.. •,•,,,•,:f• • Air .-., : : ...;,..; .. ,t ,, - ..g. ., ._ , •••••7;,-....c. • •-••,--, ;',* ., • , ,• /- 14. .,......4. .• .,,,,ii ,,tl .r,..,P;PC ..:. ''' 4ft' . •,A---, .7%, '''''' ''''•-•\11,(::.:•:.&,..II. 11....:1- 'Fa- ,-`1.,'Piii4'1,,,...,472---.1.-;)1 . '''.i.:,;..k • , f•-: i• ••• .i., VA.,14 ..511‘...•••`'-ilei•-•-fe*:....----4-...-. 7.%We 4 .. -. \ q . ... ...* -- . .. -• .. ••.. --',...,• it.. •,-;,--7,,•-. .:„.„:•• ,..,.... ..!,..,,,,.....,..-- ...4 ..,... 0.....,-.... • ../ * .* '`.••••••••. :... MON, . 1 ....I ..----,,-..--- -4, • if , - .. . , , , •:L„of • .-:.';,'"...: . ie--"•,,/rib—,, ' 7..„,..' ;.1'1,•,' ii ‘\ • -- „,,- •,..... .,,,. ..• \,,. vr. q,,iili ..., .... ,..._.--...- ..„774.14 :et .., _. •/ .., . „i—ri.L. • ..„,,,. ,..: ..r I; Tv Bri: -**11M-Ird " ,, '.. ..f• k .. / , . -• •''': ' ,‘,' ,‘;`\',•.\911t 1.---=', -...... \ / , ,qi. 1,1 . Wk. II Or . 11, (e) , 'r•:;i. ';.'s Vii:: •.i:' . $ Zif .:1,''.. '• I : \,[ iV. /i I., .% N5 ` • 1 , .1.• f: . .vi I.1.• . .. ' • ::. .: ...‘fir ,,,.././..:, . :.'i' si .14.11ormit-4''''''' , pe--4.. . • .• A '.. -I .,,,..4,, ..k.y, .• p. .1,4,11 , •.-.......:.;.. ......„„liv, , -, •"i..,e.'''' ••••• ' ,,.• t'VI i' . .'- ,-.'q:-.. .',.....-:..:. ,....., :\ ,- _ V) . • 0,. am ', _,..u...K.,:.....,,t.....i i - .i. ',,-1.7. 1 i im.,.. -. ,,),.),, .',- ...._,.. ,. -• .• ' I..: ...,\v,,, ,. ALI:\ ...'wrz;z -', . /. I -.. ... ,.Icv Mui.•--2.". '. •'.. / ...__,..6...,:z.,.... . i' 6,,...-f 4„,,,,,i —,.. ., to,..• , II. 4';'.\gkIrA, . ' 17-'- '-'1t.i • /.. 4,':/A....:poi 1, Ia.., . ....._......_),....„.„.„... ..11.1.4 /;• ill._/.6/ 0& S S i=a . • / . i, - .gy\,(--'...-- •-•••••,.... f:.: -:',...e...`r: ,• I,1• i f ' i !i. : I A....n., '"...---.) -.. -1 •4-. • .A-i.,'-•--t".,..4 i i I. ' 'N. ',.... • \ 1 W r• '.. ili a- • r. C.)0 in R - /. :-.•gri ..- • 6 '. • t4 gm' o e "cl CLingiW Z f.= i== Ois W iii cn .. if E Bio e... , ,,, ._ ,_ Ell ,z_ ..,__ . .,,.... ,...„. .„ .t I -"Few . 1 s r:- c ..,... ,, a .�:��k �..�- ilk' .1Pu,,7= ----.-e4-.,...,,,, i fid, a. lirA Tl,, giro1 - - K --,. .::-.-H,71:, wi ri AM aI f': ` ii` ..i....: or- �- t p:i 1, Q v:li i ----- -4 rAt 4 1.1.1 ,_•el ..,,_ r I f 1 F 11, 1 1;. P-- is�.l Z ' :4 r ... - i:tel p r`I,' 'i.'_ 'o 1/moi' - ; tri a Qce Li. �4 p /_?,1' O Q CZC plaipa _ Q i oc 2 $ as V m ram . 1 Q i' — p liaZgo Z 0 W w tn 1— 6/) V V1 w w O F 2 J V Ey.Q8 a•r Z = 0 : Io ,; 11 Q.....:,..1,...- -,r7.0:. Ai' wP� J m II! I rte• : Co s_ ti--SSY .' Z I ► '' � yAi r•.vuN'., I a gi,1 ,,,,,..,,m!,.;,,,'•'- ', il .ir4 ill - .1 fir: _ `—" �Ea 1 1 1 ii!., la ' -_ d v !_. . ;j i 0- b1110.1111111111111111 II �� tea.., r � ) II p.ail ii!26 ali fl ''. , . I lit n pI 711 ' : e C ,,J ire., '! ,; � a • . 'I:��1?.,I a• :I - a G ou 0 k dddd 7f: C*-) ; N -11 g i i 71 ` 6E i `'' '� i 8 111171111II l4 '1 & ' IIIJ m I�B `�• 44;r4-41.1-4 f p III!'.uu'i k I II, " : rh a �I •I t4 _ 9 pilfl'I�I ih�l'i iii :� ,;I -.• o I�I' *unr L7� �� '11i tc y01:11' .,;,,i'"--111,1 ':•.'-'77: , T [ i - r i,l „a V III li r R : f ;. , 1 Li z . 110 hl7 i I li iiii: ILLI � I ' ,I _ J I. "!: i6 d S -ni, ,,..?i., - , , I. Z Z t z. • Q Z r;,a` yf' Z i( , 80.1111 ���;I � '�! i i'�TF�9 l'-..: Q\ V 119 u-I Q x ' / 2 ii __, 1 ,o��. r.-.: p W ir Q k J QIA , , .. > esc111' 0 7 I. LL, cc (...r'd:etre'l IIIL__:-;ik 6 i_. • \. :k i , 14i .I O N N _.�I;11 a O� hq lhlw�ir�Nl p+�i w • Z Q-_ Y 9 Z s 2 ILJ W co H 3 Cu F-W Z oa EXHIBIT 7 RFCORflING REQ111 S1TD BY: WHEN RECORDED RETURN TO: City Clerk City of Redding 760 Parkview Avenue Redding, CA 96001 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE EASEMENT AGREEMENT THE UNDERSIGNED GRANTORS DECLARE: Documentary Transfer Tax - NONE City of Redding EXEMPT-Rev. &Tax. C.A. § 11922 NO FEE -CITY BUSINESS -Gov. Code § 6103 Assessor's Parcel No. The City of Redding, a municipal corporation, GRANTS TO: Shasta Mall Associates, a limited partnership; Jean Derr, as Trustee under the Declaration of Trust dated June 13, 1979; James J. Cordano, Sr. and June Z. Cordano, Trustees of the J. J. and J. Z. Cordano Family 1989 Revocable Trust established June 6, 1989; James J.Cordano,Jr.,Trustee of the James J.Cordano,Jr.and Caroline Cordano Joint Family Trust, initially created 5/19/1992; Cordano Associates, a limited partnership; Richard L. Miller and Nancy J. Miller, husband and wife, as their community property; James J. Cordano Company, a California corporation; Morton L. Friedman and Marcine Friedman, husband and wife, as community property; Mark L. Friedman and Marjorie S.Friedman,husband and wife,as community property. L ) 0� 4-\�c� Q P- N — NOT TO SCALE 41 TR ' ucK I DOCK I PENNEY II CI ir OLD ALTURAS a ;...____ J 0 FOOD >• I 4 CO LESS Z Q 0 LI 60' PARKING STALLS 9' X 20' TYPICAL i i i -- MT SHASTA MALL EXHIBIT "6" [i PARKING DIAGRAM FOR _ / MT SHASTA MALL ASSOCIATES BANK ME SHARRAH DUNLAP SAWYER, INC. 4- -,----f ENGINEERING • PLANNING • SURVEYING ORS1/W ) 3161 Bechelli Lane.Suite 100-Redding, Ca. 96002 NkA p (530) 221-1792 Fax (530) 221-8369 - OP DATE: FEBRUARY, 2000 SCALE: 1"=200' EXHIBIT 5 MT. SHASTA MALL EXPANSION STATEMENT OF COMPLETION OF CONSTRUCTION AND DEVELOPMENT Pursuant to the provisions of the Participation Agreement dated , 2000, by and between the City of Redding,the Redding Redevelopment Agency, and the owners of the Mt. Shasta Mall, the Redding Redevelopment Agency hereby states that Developer's construction and development obligations under the terms of the Participation Agreement have been completed. This Statement of Completion shall not be construed as a Notice of Completion provided for in California Civil Code section 3093 with respect to all or any portion of the improvements to be constructed, nor shall it constitute a Certificate of Acceptance by the City of Redding of the public improvements required to be constructed by the terms of the agreement. IN WITNESS WHEREOF,the Agency has executed this Certificate as of this day of , 2000. REDDING REDEVELOPMENT AGENCY By Kurt Starman, Executive Director ACCEPTED BY: By Mt. Shasta Mall Owners (Developer) —-. ------------ -----• =.".- 41-=.--=___--L-40— — ----- OuZ C S)A-`e- com A-4rmcom ^ITIm -- v f m- �� OvvmEA - »rn oD AOS AOD O r n X m Q Z 0 EZ 0Z) r, p C cN �O 0i D-4 M =Z M In \/t: m v I D XG) Z r I Z 7c A) m= - ` S S r- r % % m r r 1 1 1 J I I I D I r DZO �'-- N 1 Dn t / m ;i�l\ }. 5 TD 1L_ u ' II Inv � � W -aDZ tt • O r m ',1 �, (TI X) f Z 1 CI m m 1`, D PI� n; I- O \ 1` � 1 A `\` 1 111 f; • '11 rI • I 1 I\:.‘'... .)t I ' 1 I 1 I 1 -Im I , -+m _vo I a)1 ZA I c I ' +1 I -I � o 00111111111%� I -II0 o 0 > 0 0 I x 1-- m C) l , -�n\ I l (JI �zza 1 NDrn 1 ov,F N r^rm 1 I 0 ' o o I E*1 (71 u) C I 8 --I x D. I y I z I 1 o Jr) > .D In II m> II I* m D II 1 rn 11 U) 1I n I I I I I I • SWUM DUMAP WIKEI,INC I tk I L- 1 MI w« - WO)n'-,m '~ r••r Ca I I ! ' J 1 1 I--'-I J� C-OSti A-7-91 / UP-3-98 ITEM NUMBER: o„� ,� DATE. PROPOSED DRIVEWAY CHANGES ATTACHMENT: Y,.= DECEMBER 1999 FOOD 4 LESS LOADING ZONE y UJ ) |( -1 j | � ||§ ce . |!■ 0 "E ! . 8 e 7 § V 0Z 0 /i0,±>±\ V'] / \§ _ § U . c c Jzz , co,0 ( z ��±�� K & }}\\U.\U. z } $ • 2 \ < I >- Uuuu\ u co \§ k }k ƒ 1-} ° u 0000000 0 a. / §§k{I-§1- L1- a. u $ § 2 �iiiƒ�i / f / ) m u a_ –�m+a�g c $ Q . . , f2 I I . \ « m --. ..�.. _ 7 , —1 —1 < ,r . . I- . . . . Q 2 \. . \ . \ , . »\� . . !$ 8 1'd ; § S �§�1 . 2§dg5 Iz0 : ri.7. vK Y 3 :I U 1 � , W a, m ]zh ,i 1, 11 I„I„I iF I I I liipi § E! sr: .... t... it .. , 19 r !2H1 k MN 0 Z 0.1.0 Am MI Ji (11CM0.06 :: 4'+. . ..,it Sx_1lii Afi1, �j :wn f,:..,!1• !; `ii--tel L^ iti f o, \ 'I 1111111111. 1 Iii —` :;1 r Egirki I(;r '_l a. WAY ' 11 1 1_ .use:_ LI 1Eji J C i d Q _ ,air 2 ' !11 '} 111 I i lislit I1;1 li ,9i �88 dm• i P O r/Q . . Z m .- N m 2 W f WZ 2I ti CIN. C1 a Z : 1 % Y` s Y R ' \`\ < dip f---\ \ � E d':7 \\ \ Z w � I � (.7 � '.) z L__ c 1te4 4--a • -L 1r y rt J O / e Z o -J 0 Q Z i� z Q = Dm ,,, (i) 2 1 Q _, ' J Q 0 J \ % 0 \ / I \© \ � s H -s <a z- e WW Y i O N`Zm WW m 0 L io tF P,_ l . Ili .1,. i'll&I --• . if E yr- 6 ,..... . .....mi IQ 1 lir., „ ,444 * . 4 vote - �V 5 , . ,,,,,, ,_. ...,• .,., .inw..i,. _.%..k. - I : .: i '- Y a ii R1 ''E ' }i, a1 .114 'mak: " 0b�1:. ► ilf • -r0. Il►\i iii.. 1,7 4Tr �/®�•�eaFit �' f , �. / Eyy:� A V \ ic 4`•10'_ / ���� �f' _• .�+� i j:.:4".....,. ci .1 cs.vi,til 5 tt ,_ t;:, -,,,le.....„ Ir.tax 11 . inniirNEXIMIBI � 1 4 , S ra-c....... P.?Anil i 1 lifi...,.! . int ,...... /1-1w_ ill � .• ,* .Ill. , Q Q Ir.!n ; -- N :: � 15s 1y yS t1) ! Cd i. z i , •it - • : : i fit LLI : j ti) x CRJ >" . 113. > E 1.11:; ..q. • ,,,c1F--Mir' c:,,. i I.' s •.;.: ; ..:_ . 7.:. CI - - 1 r is...R;,• ',- • ' . :,_ A- . , ••-;--.1=b,,I .Nw-_ ...1 .,. lc.... ..-- . - 0 . 4,...g. 4,... .'"'-•.Pg; ......., i. it! 13 Jo',-:.. la • _ . .,,', >.''.:1'-•-2(-*, = ,... ..- (.....) ..;,,I,. ...2 ..'..i.::-..... Nil.' 'i ti":: •%to A. -,,,--•-: - ''''.'"•' "i.' II" VA il . - art..... .o rI-.--IL-•. (14)'....--,,. .\.,;1.0.111:, ,......:' . .ciIt is ., k • r J..,,,,• 106 ,.4- / .. g... i -- •,--,—,.....„ ) ., • t.f)--.7.• •,-,--4 - LLI ..„.., 4...::. ...tibv ... ..• , . ..--. . o -- 'CI-44 ' - • ..• I— L... ... .Z.F.'1.1 c••1 12. ,,...4.•,.---,,-.., ,c. V) • ce LLI 1•P • t‘, 1 4,.:. • in• • _ -,'• .4w. ' ,..1 di. - 1 ' I . 71 ....I. it •i'II • 3, Mi• ' pcilf•' ••••4\ I- i l f...... itpliA i, : :Ff I.. la& , 1 1 rxte .i...z. ..1 , s 1 - tr- ,E-.t.a • t-.-. ..Z.:;.' .--- -=-- •• ,,t,- ,.. 4P? - _..r 11.1kg ..a' it' ,,...' ..-' :;..,,. .2 .d..1,,•-. -...,z..... .....,, .... ...• • I ir./1 . ,i,-ii : ...• I iiitiii -.. . . ,.....• _ t , ..--:.• .--- '.".•, ,--4:.;....;.;_.. .• , . . ;S••:,r.:1 - - ,....J —•_.,,, — -',5IIPs", , -..• fr...,s.-. 1-%ifirik '- •i• - ----- . _ - • , ,..--=..,..-T,--- 'i•-•-':54• MililMai.....b1'• I, . --:la°. 1 11(f.dell,•,..4, , 4 NI ,..-: .i. s - • 1 q i , •i:'1-4 .il — •• c, 11 MR 1• ,N, I-- • iik ..t. 1A ,... ',. ...‘ ; . (z) ..:_. •. 4 . 41!C ,.. •....0110. ... . .,... i•Pl.1'' (1) I' . '. .- 1..: ,. ..;; . ,.....4 VAL- " " . '-'•;=.1...4.1111-!-- '....Pli i,./.017---4,.;• ".. .r" . •"'.. '...!...110ta., ',....",•., : -,, "".,.. i - ...7. '*-_...," • :: Jo /- - •''" .a. - N- 0 0 5 1 0 ai 5- g . . i= 2 •ii i iii iw go 1_7. 1.RO 1E1 Z II �` iI u II( 11'I II. J u, E {p RS: 1 I p i. W I.I ,._IIOW � r /sl• l . i. Q u ;API_l •• ll • 7 CI 1.``46� ;i i 'Y 1- Q '4 i Among.:., z ��.1 . 1 '::'SOL , .1 0 di ;+�1 �i 1 '.:•1'.,I 0 Yi o1r v. ' y■ im714I Q kr-W a, ."f1 qq i • I k�� 1/. _.:Aitak Qijii p= III 11 !II M 1 4 uli, , E1i . 1 , El •:,�,!, I 61L iii ; 2E.17 Al Estlf'.:.i J T1l ,- it rliI s "PIAN 1011 1 j c..1uo Ma TIE ';i - .a!. i - I a 1111111.E ■■.. .. mi 1- 111101:! ii Qdr.I1. I uu.ne:nnt Ii5uIIIiI , ,pi 14111 Yom' I: 11-411111111 i .12< =ga I 1 W i 1 i -'''111.-=:-.7`7) va ai w Ili i �.. W< mo F CE11 or,. -;--. i v..:,,,,...,.,,,, ' : ,..,i1, .1 i.b.'.111.\1....,to%,;,';',,..,.,.11e.,.....-f,f‘,..11:..4,!,.„..'Ne.-..•:"..4..,,,,,,:ilm„,,t1t;‘4,1::-,, = t ---,1.4.f.-4:.1. ....,.?4,..e''i ..2"..tr...•-,* ,.:' 4;;,7-••••-r,„ (1•-•'. '''.. t --1 er "de‘. ' ' eee-ceell ,r)414t,. . ''`E. ", ' " .e.' ,.. :., , '!.'-c.;.e.!,,,.. ....,.:,i7, 0..v.. ,..• -,. , - i. r• . . • - r- , . ,,,,, ,i, _ ' i;tit „: • ,e. ._e , i. ; _ . ;P—,...i.1 .144'. '`.11'"' . .. " , • - .:" • :C 1 1 •• _ .- - 11 • ; n . •-,, -.7., ,-,4W.:, • ... :•.'. L. .',-Jri-'..,i • iiir- '.. (..f';'?;:'..t.:* . • tie. • • r. .01,2 .. s : i :-. 1 1. • • .4--.1 1 1 i :- .1 r ,...„,,,,,,, ..,.., 1;„... _.....: . 1 . ' '.•,;:t , . - • I -keg,-' -4. f • -., ' '., '.3. 1 j , —..- 1 1• • t , 1 1 i • .,.:';0>s`e. qi,:::•t' ,,$4,1. -ip .; ,•..,;-. i,,,,a:,...; ,.1..!:,',S,,.$4:,...,: t : I I fi !,_.... t.-... •I.A. ' i_i_ _ . / - .. . i .• i , _7. "-,- e. i ____f 11111111111111111#[1: - .',. i - - -- - —11M111111111111111 - ,1 - ,.,..:.:-., 1 ,- ... , ..,_,-,- ,...-...,,v, ...•..*:.:',f.i. -j•:-.:F'-', If.rlitt....4:; •', ig. :f MENIM:11 *- —41 .tcf.t.' . fi'laritATI 17: ' , r.5,..rptEi! . ._. ....,...7.- ,s„.„.. • • ,ts,•.., ,...,....„.„,.,tdr., • .... , ••-., _ .io.,..,..„,..• s ....,„,,s..„.. ,. , 1 i It! -7rIc4". — rf••- ..' i1:3'*T 1 -s.-•,' Tf e-.;.T..,.y.!..,•1,:,v$t. 4;;; .I...2r :,.....,.,-,. ,-A :.,..z.. • . ! ...;.:-. • i- I I _ --7.----,- ' '..,,-.,...1• •,,4-,4 2•,.."••- .0,.....t - I , I i . [ --4 ...:1...-C:;..“ • . ' • . I ; • 1 , 0 -.. .,ir.;•.,.. 1 i 1 I --•,.., ‘ r ,..4: . ... . i i 1 . r..,.., , 4.7: , I.,.....• ., .,.. • I i 1 . r„.......__ . 1 if„ . .. . • .. ;,..i. • 6.• - ,.. 4. •..z.,-,..-.k..,.. . e - . ''''.1.1.;• t 7 ^) i,• / i r - --- --..! i 1,3.., .;•'• •••• ._'„' i-.. .,'',._. I,‘ i. . •ivt,ktg.,.,,.,.... 1 .. .... , -,. ..- ...,!•4.. ,,., .1.....:„. .,?..gi.,-- ....,......s _. -.... • - ,.„ •-, _ .. ... I tr. ,„.-. _...... "—..-. • g..- ....: - --.....,•,._ • c !t. 'i 11%. - / , 4 ____I_____ .e I •", ''''. - . t 6_ , f'-- , ,, -.1 • TL : • 4s, ...• 5 s-' 7...' - , IL: ; -0 I • IP"'". - . % .,4- -*'- ‘ i 1 i ' I `....... 1 . i ... 1 .:. 1 ..._.,.,,,...,.- 4- )/ -., •-., . I 1 , •:'tei . mett...."", . . - •"..., "."- ,,,- . • I ..17;--:-: \:'....•- : '':A• ...:1‘..tt 'II i• [ : ' I I 1---- ;.• ' .^.- .,;-,,‘,,..1 i 4. •.r • • I' I.'4,.k.. 1• - '1'. - ". r---1---- '''''' . '44.-.,.;;' -,W-.':*.' 4 1 . i 1 ,.___.,.....4:".• A 'ill' k ..;; t . .. -;tve. . . ...-!,.r. •--,, 4 _,_,....,..,_ •....... „ir: ! ,.• •. ,4'...-:;. V _. . , FrtL.,,.'-..tt.,g 41.::,f":7-4-.'. . .-. •...t", - ,T.... '..--'-''.-`Vi ., ,-..,,, " 4:‘:,-.`it...3.•,,:As-',.,. ' r-- %,,,% : , f.--,4 - 4- ."V''.:17'''-'.,- ';.": ,' 's.ivt: . —'''' ,_,-' . •- 1 '"le.,- ..,..kl: • .. 1-::--' ' -=,- \ -, 41 4. • . - 7..i .,„-....„Nil,,•• **At.- 7 .' I I 0 f.� J$; Q V 1 4 o .I > 3 p. _i t e J W O • 1 Cd 6 W ,�:.� `�AA } E o luz , . 1_ 1 6 > _ . _ z Z W 0 1J 4V '�`��s: W d Z _ •,—, E 14 ("4„,:ii. 0 : 4 O t L_, ' ci jj -''L 1_ y f ' . di illbs, °„ i i i J 1 Q , ' Q lns cal •z V.i u i t2 8 I 8 <O Z. o N q O H ,, . U W N W • m H 2 Ili iii 2 y F <W< O an easement for a period of twenty(20)years from the date of execution of this easement for the purpose of providing public parking as more particularly shown on the Parking Diagram attached hereto as Exhibit A. The easement is non-exclusive and shall be used only for public parking purposes beneficial to and appurtenant to Grantee's contiguous real property. The parking spaces within the easement shall be available for the general public and there shall be no fee charged for parking. The easement is described as follows: All that certain real property situate in the City of Redding, County of Shasta, State of California, more particularly described as follows: All that portion of Sections 31 and 32, Township 32 North, Range 4 West, MDM lying within Canby Road as shown on Parcel Map No. LS 97-90 for Shasta Mall Associates filed for record October 8, 1992 in Book 29 of Parcel Maps at page 70, Shasta County Records and more particularly described as follows: PARCEL 1: COMMENCING at the 1/4 corner common to said Sections 31 and 32, said point being marked by a 2 '/" Brass cap monument marked RE 15159 and from which the one-sixteenth corner marked RCE 15553, as shown on said map bears North 02°09'14" West a distance of 1337.03 feet (North 02°18'26" West per 29 PM 70); thence, from said point of commencement, North 08°50'32" West a distance of 300.12 feet to a point on the Easterly line of Parcel 4 as shown on said Parcel Map LS97-90 for Shasta Mall Associates and being the True Point of Beginning of this description; thence along said Easterly line, North 00°47'54" West (record N 00°5706" W)a distance of 710.38 feet;thence along a curve to the left have a radius of 21,958.00 feet, a central angle of0°20'25" and an arc length of 130.39 feet;thence leaving said Easterly line, North 88°51'44" East a distance of 23.32 feet; thence parallel to the Easterly line of said Parcel 4 from a tangent bearing South 01°08'16" East, along a curve to the right have a radius of 21,981.32 feet, a central angle of 0°20'25" and an arc length of 130.53 feet; thence South 00°47'54"East a distance of 710.43 feet; thence South 89°20'04" West a distance of 23.32 feet to the Point of Beginning. During the term of the easement, Grantee shall stripe sixty-seven(67) public parking spaces,shall maintain all improvements within the easement including the street section,curb, gutter, sidewalks, and striping, shall keep the easement free from any accumulation of debris or waste materials, shall keep the easement free from pot holes and weeds, and shall maintain all landscaping planted or required to be planted in the easement in a healthy condition. Annually in April, Grantee and City shall meet and agree upon the maintenance that will be required to be performed during the year. Street work, including curb, gutters, and cutting of sidewalks or laying of asphalt within the easement shall first require an encroachment permit issued by the Department of Public Works of the City. Existing street lights within the easement shall be maintained by the City. The term of this easement shall be automatically extended for successive one(1)year terms upon the expiration of the initial twenty (20) year term unless the City finds in its sole reasonable discretion that the easement is needed for city street purposes. Upon making such a written finding at a public meeting of the City Council and upon giving ninety (90) days written notice to Grantee that the easement is needed for street purposes, the easement shall automatically terminate. A Notice of Termination of Easement shall be recorded by the City. In addition, at any time Grantee's total mall shopping area is reduced by more than one hundred thousand (100,000) feet without a plan approved by the City to replace the reduced square footage, the easement will terminate if the City Council finds at a public meeting that no replacement plan exists and ninety (90) days written notice of termination is provided to Grantee. This easement shall also terminate at any time that the total number of parking spaces required by the Grantee and Grantee's tenants can be provided on Grantee's on site parking areas or a parking structure for Grantee's mall is constructed providing at least sixty- seven(67) replacement parking spaces provided that Grantor and Grantee have first met and conferred upon reasonable alternatives and the Redding City Council has found at a public meeting that the easement is needed for street purposes. If the Developer does not maintain the easement area in accordance with the requirements of this easement, the City may perform the maintenance of the easement thirty (30) days following written notice to Grantee of Grantee's failure to maintain the easement in accordance with its terms and Grantee has made no reasonable attempt to maintain the easement following receipt of written notice. If Grantor performs the maintenance and Grantee fails to pay the invoice for the cost of the maintenance within thirty (30) days of its mailing by Grantor, the easement will terminate. No party other than Grantee shall acquire any property interest or license by virtue of the conveyance of this easement to Grantee. Upon termination of this easement, Grantee shall have no further interests in the property and City will have no obligation to provide replacement property for parking or other parking spaces. The promises and covenants of Grantee contained herein shall run with the land and shall be binding upon the successors in interest to Grantee and shall be for the benefit of Grantor's contiguous real property IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement as of the date of execution by the City. CITY OF REDDING Date: , 2000 By: Robert C. Anderson, Mayor "CITY" SHASTA MALL ASSOCIATES, a Limited Partnership Date: Roebbelen Land Company a California limited partnership General Partner Date: David Thuleen General Partner James J. Cordano, Jr., Children's Trust initially created May 19, 1992 Date: James J. Cordano, Jr. as Trustee Cordano Associates,a Limited Partnership Date: James J. Cordano, Jr. Trustee of the James J.Cordano,Jr.Children's Trust, initially created May 19,1992 General Partner J.J. and J.Z. Cordano Family 1989 Revocable Trust Established June 6, 1989 Date: James J. Cordano, Jr. as Trustee James J. Cordano Company, a California Corporation Date: James J. Cordano, Jr., President Jean Derr as Trustee under the Declaration of Trust dated June 13, 1979, between Jean Derr, as Trustor, and Jean Derr, as Trustee Date: Jean Derr, as Trustee Date: Morton L. Friedman Date: _ Mark L. Friedman Date: Richard L. Miller Date: Marcine Friedman Date: Marjorie S. Friedman Date: Nancy J. Miller "GRANTEE" EXHIBIT 8 LIST OF IMPROVEMENTS AND COSTS TO BE COMPLETED BY DEVELOPER Mt. Shasta Mall Project Cost Analysis DEVELOPER COSTS: Off-Site Costs: Traffic signal at Dana Drive and Canby Road $ 240,000 Old Alturas 100,000 Channel Cover 455,000 Subtotal Off-Site Costs 795,000 On-Site Costs 203,431 Parking Improvements 2,712,969 Mall Building Costs 7,430,467 Exterior Remodel Costs 1,090,000 Soft Costs 1,342,522 Financing Costs 957,581 Contingency 5.00% 726,599 Total Developer Costs $ 15,258,569 Macy's Costs 17 000,000 TOTAL PROJECT COST $ 32,258,569 RETURN ON DEVELOPER COSTS: Post-Expanision Mall Building Income at 100% Occupancy $ 2,798,720 Less: Vacancy Factor at 10.00% 279,872 Post-Expansion Mall Building Income after Vacancy Factor 2,518,848 Actual Pre-Expansion Mall Building Income 1,706,895 Net Mall Building Revenue Incremental Increase after Expansion $ 811,953 Net Mall Building Revenue Incremental Increase after Expansion $ 811,953 Total Developer Costs $ 15,258,569 RETURN ON DEVELOPER COSTS = 5.32% EXHIBIT 9 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Michael E. Gleason Law Offices of Gleason & Gleason 777 South Highway 101, Suite 123 Solana Beach, California 92075 (Space above for Recorder's Use Only) BUS SHELTER EASEMENT AGREEMENT THIS BUS SHELTER EASEMENT AGREEMENT ("Agreement") is made as of the day of , 1999, by and between SHASTA MALL ASSOCIATES, a California limited partnership; JEAN DERR, as Trustee under the Declaration of Trust dated June 13, 1979; JAMES J. CORDANO, JR., as Trustee of the J.J. & J.Z. Cordano Family 1989 Revocable Trust; JAMES J. CORDANO, JR., Trustee of the James J. Cordano, Jr. Children's Trust; CORDANO ASSOCIATES, a California limited partnership; RICHARD L. MILLER and NANCY J. MILLER, husband and wife, as their community property; JAMES J. CORDANO CO., a California corporation; MORTON L. FRIEDMAN and MARCINE L. FRIEDMAN, husband and wife, as community property; and MARK L. FRIEDMAN and MARJORIE S. FRIEDMAN, husband and wife, as community property, hereinafter collectively referred to as "Developer" and the REDDING AREA BUS AUTHORITY, a Joint Powers Authority ("RABA"). Developer and RABA are individually referred to as a"Party" and collectively as the"Parties." RECITALS: A. Developer is the owner of those tracts of land located in the City, County and State as defined in Section 1.1 below, upon which the shopping center commonly known as Mt. Shasta Mall is located, and as more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference and depicted on the Site Plan attached hereto as Exhibit "B" (hereinafter, such property shall be referred to as the "Mt. Shasta Property"). B. Developer has agreed to grant RABA, a Bus Shelter Easement over that portion of the Mt. Shasta Property, as more specifically described in Exhibit"C" attached hereto and incorporated herein by this reference and as depicted on the Site Plan, for the purpose of constructing and operating a Municipal Bus Pick Up and Parking Facility (the "Facility"). The Facility is to be constructed by Developer pursuant to the terms of this Agreement. Attached as Exhibit "D" hereto and incorporated herein by this reference is a blueprint plan/shop drawing which depicts the proposed Facility. Additionally, Developer agrees to permit members of the public using the Facility to park their automobiles in parking stalls on the portion of the Mt. Shasta Property designated on the Site Plan. C. RABA has agreed to make available to Developer up to a maximum of One Hundred Four Thousand Dollars ($104,000.00) to enable Developer to construct the Facility for public transit passenger loading and unloading on the Mt. Shasta Property in the general location shown on Exhibit "B." ConLn..Canb.:Rus Shelter E ssement:\¢reemrnc C.(I N D. In order to (i) provide for the Bus Shelter Easement over the Mt. Shasta Property, (ii) designate the location for the proposed Facility, (iii) provide for the Parties' respective obligations concerning construction and maintenance of the Facility, and (iv) to designate the area of the Mt. Shasta Property where bus patrons will be permitted to park, the Parties desire to enter into this Agreement to grant the easements and permission necessary to legally permit such rights over the Mt. Shasta Property. All of the easements, permits and restrictions herein set forth shall run to the benefit of RABA, and bind the designated portions of the Mt. Shasta Property, all as more particularly set forth hereinbelow. E. Developer is currently negotiating with the City of Redding ("City") for an agreement whereby the City will grant to Developer a parking easement or license for certain parking stalls located on a portion of Canby Road, as more particularly depicted on Exhibit"B." The obligation of Developer and the rights of RABA hereunder are expressly conditioned upon City and Developer entering into a written agreement by no later than March 1, 2000, which grants such parking rights to Developer on terms and conditions reasonably acceptable to Developer. NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements on the part of each Party to the other as hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1 DEFINTIONS Section 1.1 Definitions. As used in this Agreement, the following definitions and terms shall apply: A. "City" is the City of Redding. B. "County" is the County of Shasta. C. "Grantee" is the Party benefited by the easement. The easement granted in this Agreement shall benefit only the Grantee with respect to its interest therein, except that the Grantee may permit its Permittees to use such easements, provided such permission shall in no way authorize use of the easement in excess of the permitted uses of such easement as set forth in this Agreement. D. "Grantor" is the Party granting an easement in this Agreement and owning the Parcel or portion thereof which is burdened with the easement. E. "Maintenance" is the maintaining of the Facility in a neat, attractive, safe, and sanitary condition at all times during the life of this Agreement. Routine maintenance and cleaning, including emptying the trash receptacles, shall be provided at least once per week or as necessary to keep the Facility in good condition. Any damaged, defective, or defaced parts of the Facility shall, to the extent reasonably practical, be repaired or replaced within forty-eight (48) hours of discovery by Developer, or notice thereof to Developer by RABA, whichever is earlier; provided, however, any such repairs or replacements that reasonably require more than forty-eight (48) hours to complete CordanaCanby/Bus Shelter Easement Agreement/12/9/99 2 shall be promptly commenced and diligently pursued to completion within such period of time as may reasonably be required under the circumstances that exist at the time. Any condition, which in the reasonable opinion of RABA constitutes a safety hazard, shall be corrected promptly upon notice by RABA to Developer. In the event Developer fails to remedy any such defective condition within the times stated herein, RABA may elect to remedy or repair the condition itself and in such case Developer shall reimburse RABA for the cost of such remedy or repair within ten (10) days of a request for reimbursement. F. The word "over" with respect to the easement granted "over" a particular Parcel means, as the context may require, "in," "to," "into," "on," "overt," "through," "upon" and "under." G. "Parcel" is Mt. Shasta Property and any legal parcel of land into which the same has been or may hereafter be subdivided, together with all improvements existing from time to time thereon. H. "Permitee" is any partner, officer, director, employee, agent, contractor, customer, vendor, supplier, visitor or invitee of a Party and its successors in interest with respect to a Parcel. I. "State" is the State of California. ARTICLE 2 EASEMENTS Section 2.1 Bus Shelter Easement. Developer(Grantor) hereby reserves to itself and its Permittees and grants to RABA (Grantee) and its Permittees a Bus Shelter Easement over that portion of the Mt. Shasta Property, more particularly described in Exhibit "C," to be used by RABA to operate the Facility. Section 2.2 Parking Permit. In connection with the Bus Shelter Easement, Developer agrees to permit and allow the members of the public using the Facility to park their automobiles in the parking stalls located on those certain portions of the Mt. Shasta Property designated on the Site Plan. The portions of the Mt. Shasta Property designated under this permit as permissible parking areas are not for the exclusive use of the Facility and may at all times be used by Permitees of Mt. Shasta Mall. Section 2.3 Term of Easement. The Bus Shelter Easement and the Parking Permit granted in Sections 2.1 and 2.2 shall continue in favor of the Grantees and their Permittees for a minimum term of thirty (30) years and automatically extend thereafter in five (5) year increments unless either party provides written notice to the other requesting cancellation a minimum of one (1) year prior to the end of the original term or any five (5) year extension period, as the case may be, but in no event to exceed ninety-nine (99) years. ARTICLE 3 USE OF THE EASEMENT AND PERMIT AREAS Section 3.1 Use of Easement and Permit. Each Party agrees that it will not restrict or otherwise impair the other Party's access, use or enjoyment of the Easement or Permit. The Cordmm/Canby/Bus Shelter Ea ement Agreemen✓1J9,99 3 Parties shall each exercise reasonable care in the use and enjoyment of the Easement and Permit and in exercising any of their respective rights hereunder. The Parties shall comply with all applicable laws, ordinances, rules, regulations and requirements of the City, County, State and any other governmental authorities in connection with the Parties' and their respective Permittees' use and enjoyment of the Easement and Permit. Section 3.2 Construction of Municipal Bus Pick Up and Parking Facility. Developer agrees to construct, or cause to be constructed, in compliance with all laws and the Site Plan, the Facility solely on that portion of the Mt. Shasta Property over which the Bus Shelter Easement is granted. Such construction shall be performed in accordance with plans and specifications approved by RABA, which plans and specifications have been prepared, reviewed and approved by Developer, and pursuant to a schedule to be mutually and reasonably approved by the Parties. The Parties contemplate that such construction shall be started no later than April 1, 2000, and the Facility will be completed and available for use by RABA, no later than June 30, 2000, subject to delays resulting from a Force Majeure Event (as hereinafter defined). Within twenty (20) days of Developer's completion of construction and delivery of possession of the Facility, and acceptance by RABA, RABA shall cause to be paid to Developer up to the sum of One Hundred Four Thousand Dollars ($104,000.00) as payment for construction of the Facility. With its written request for such payment, Developer shall deliver to RABA such written information as RABA may reasonably request to evidence that the actual cost incurred by Developer in constructing the Facility is not less than One Hundred Four Thousand Dollars ($104,000.00). Subject to delays resulting from Force Majeure Events, in the event the Facility construction is not completed by June 30, 2000, RABA's obligation to reimburse Developer shall be terminated, however, in the event of termination of such obligation for payment, the provisions of this Agreement shall continue, including, but not limited to, the easement described in Section 2.3 above. Each of the following events, if it causes a delay in the completion of construction of the Facility, despite Developer's best efforts to complete such construction, will constitute a"Force Majeure Event": (I) riots; (ii) natural disasters and other acts of God, including fires, earthquakes, floods and hurricanes; (iii)war; (iv) governmental laws, rules, regulations or restrictions affecting construction of the Facility; and (v) actions by third parties beyond Developer's reasonable ability to control. Throughout the Term of the Bus Shelter Easement, Developer shall be responsible for the maintenance and repair of the Facility. Section 3.3 Insurance. 3.3.1 RABA shall, at its own cost and expense, pay for and keep or cause to be kept in full force and effect a policy of commercial general liability insurance with a combined single limit of not less than Two Million Dollars ($2,000,000.00), insuring against any and all liability of RABA or its Permittees with respect to the Bus Shelter Easement and the Facility,or arising out of the use of the Easement and the Facility by RABA or its Permittees, or related to the exercise of any rights of RABA pursuant to this Agreement. RABA shall, within ten (10) days of any written request therefor by Developer, deliver to Developer (I) a certificate evidencing such insurance and (ii) evidence that premiums therefor have been paid. Cordana/Canby/Bus Shelter Easement AgreemenU12/9/99 4 3.3.2 In addition to the Insurance requirement set forth in Section 3.3.1 above, RABA shall pay for and keep or cause to be kept in full force and effect a policy of commercial general liability insurance with a combined single limit of not less than Two Million Dollars ($2,000,000.00), insuring any and all liability of RABA or its Permittees arising out of the use of the Parking Permit provided for in Section 2.2 by members of the public. RABA shall, within ten (10) days of any written request therefor by Developer, deliver to Developer (I) a certificate evidencing such insurance and (ii) evidence that premiums therefor have been paid. 3.3.3 Each policy of insurance provided for herein shall be issued by a licensed and reputable insurance company, shall name the other Party as an additional insured and shall be for the mutual and joint benefit, and protection of such parties. Each policy of insurance must contain a provision requiring at least thirty (30) days' notice in writing in advance to all named and additional insureds of any cancellation or diminishment in such coverage. Section 3.4 Easement Indemnity. RABA shall indemnify, defend, protect and hold Developer and its successors and assigns ("Indemnitee") harmless from and against any and all claims, demands, damages,judgments, losses, costs, expenses and liabilities, including, without limitation, reasonable attorneys' fees, expert witness or similar fees and court costs imposed upon, asserted against or incurred by any Indemnitee arising from or related to the use or enjoyment by RABA or its Permittees of the Easement and the Facility, unless such be caused by the sole negligence of the Developer. The provisions of this Indemnity shall not apply to the claims, demands, damages,judgments, losses, costs, expenses and liabilities referenced above if such claims, demands, damages,judgments, losses, costs, expenses and liabilities are caused by the joint or concurrent negligence of both of the parties hereto, in which event such liability shall be borne by each party in proportion to its own negligence. Section 3.5 Parking Permit Indemnity. In addition to the Indemnity requirement set forth in Section 3.4, RABA shall indemnify, defend, protect and hold Developer and its successors and assigns ("Indemnitee") harmless from and against any and all claims, demands, damages,judgments, losses, costs, expenses and liabilities, including, without limitation, reasonable attorneys' fees, expert witness or similar fees and court costs imposed upon, asserted against or incurred by any Indemnitee arising from or related to the use or enjoyment by RABA, its Permittees, or members of the public of the Parking Permit, unless such be caused by the sole negligence of the Developer. The provisions of this indemnity agreement shall not apply to the claims, demands, damages,judgments, losses, costs, expenses and liabilities referenced above if such claims, demands, damages,judgments, losses, costs, expenses and liabilities are caused by the joint or concurrent negligence of both of the parties hereto, in which event such liability shall be borne by each party in proportion to its own negligence. ARTICLE 4 NOTICES Any notice, demand, request, consent, approval, designation, or other communication that any Party is required or desires to give, make or communicate to any other Party shall be given, made or communicated in writing by personal delivery, reliable overnight courier, facsimile transmission (followed by first class United States mail), or United States certified mail, return receipt requested, with postage fully prepaid to the following addresses: CordanuICmby/Bus Shelter Easement Agreement/In/99 5 "Developer": Shasta Mall Associates c/o James J. Cordano Co. 1112 11`h Street Sacramento, California 95814 Attention: Mr. James J. Cordano, Jr. Telephone: (916) 443-4618 Fax: (916) 443-1262 "City": Redding Area Bus Authority 760 Parkview Avenue Redding, California 96001 Attention: Mr. Ray Duryee Telephone: (530) 225-4170 Fax: (530) 245-7024 Each Party may designate at any time a different address for its receipt of notices by giving at least ten (10) days' notice of such change of address to all other Parties. Any notice, demand, request or other communication, including any copy, shall be deemed to have been given, made, received and communicated, as the case may be, on the date of delivery (or attempted delivery) as shown on the return receipt if delivered by mail. ARTICLE 5 COOPERATION: CONDITION TO DEVELOPER'S OBLIGATIONS Section 5.1 Parties to Cooperate. The Easement and Parking Permit granted hereunder shall exist by virtue of this Agreement, without the necessity of confirmation by any other document. However, upon the reasonable request of a Party hereto, the other Party shall execute and acknowledge a document memorializing the continued existence (including the location and any conditions thereon) of any of such Easement or the Parking Permit. Further, each Party shall, at no cost or expense to such Party, reasonably cooperate with the other Party in such Party's pursuit of governmental permits, licenses and approvals in connection with the development of the Facility and, in connection therewith, shall execute, if reasonably required by the applicable governmental authorities, any such applications, maps, plans or related documents required in connection with the proposed development of the Facility. The Parties also agree to take such additional actions and execute such additional documents as may be reasonably necessary or appropriate to carry out the transactions contemplated by this Agreement. Section 5.2 Developer's Agreement With City. In the event Developer and City have not entered into a parking easement or license agreement concerning the use by Developer of certain parking stalls located on a portion of Canby Road by March 1, 2000, or if Developer determines in the exercise of its reasonable business judgment that such an agreement will not be entered into by March 1, 2000, Developer shall have the option to terminate this Agreement. If Developer elects to exercise such option to terminate, it must notify RABA in writing of such election no later than March 3, 2000. If Developer sends such notice to RABA, this Agreement shall terminate and be of no further force or effect as of the date of Developer's notice, and each party shall thereupon be relieved of any and all obligations provided for in this Agreement. CurbanuuCanbyiBus ShclIcr Eaumenc Agreenrenv I:J9,99 6 ARTICLE 6 MISCELLANEOUS PROVISIONS Section 6.1 Method and Effect of Amendment. The Parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, only by a declaration in writing, executed and acknowledged by each of said Parties, and duly recorded in the Office of the Recorder in and for the County. Any amendment or modification hereof, whenever made, shall be superior to any and all liens, to the same extent as if such amendment or modification had been executed concurrently with this Agreement. Section 6.2 Joint Preparation. This Agreement is to be deemed to have been prepared jointly by the Parties. Any uncertainty or ambiguity regarding the provisions of this Agreement shall not be interpreted against any party as a draftsman of such document, but shall be resolved by application of all other principles of law interpretation of contracts. Section 6.3 Governing Laws. This Agreement shall be construed in accordance with the laws of the State. Section 6.4 Not a Public Dedication. Nothing in this Agreement shall be deemed to be a gift to the general public, or a dedication for any public purpose whatsoever, of any portion of the Mt. Shasta Property, it being the intention of the Parties that this Agreement shall be strictly limited to and for the purposes herein expressed. Section 6.5 Attorneys' Fees. If any Party shall institute any action or proceeding ("Suit") against any other Party relating to (a) any breach or alleged violation of any covenant, term or obligation of this Agreement, or(b) enforcement of the provisions hereof, the "Prevailing Party" shall be entitled to recover from the nonprevailing Party, as part of the Prevailing Party's costs of Suite or its damages, said Prevailing Party's reasonable costs and attorneys' fees incurred, including any and all costs incurred in enforcing, perfecting and executing any such judgment. The"Prevailing Party" shall be the Party which by law is entitled to recover its costs of Suit, whether or not the Suit proceeds to final judgment. Section 6.6 Exhibits. All Exhibits attached hereto are incorporated herein by this reference. Section 6.7 Severability. If any term, covenant, restriction or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term, covenant, restriction or condition to persons or circumstances (other than those with respect to which it is invalid or unenforceable), shall not be affected thereby. Each term, covenant, restriction and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law, except those terms, covenants, restrictions or conditions which are expressly subject to or conditioned up such invalid or unenforceable provisions. Section 6.8 Successors. The provisions of this Agreement shall run with the land, both as respects benefits and burdens created herein. Section 6.9 Counterparts. This Agreement may be signed in several counterparts, each of which shall be deemed to be an original, and all of such counterparts taken together shall constitute one and the same instrument. CwJaiuyC.urbyiilus Shehcr C:ascmenl Agreement/12/9,09 7 Section 6.10 Public Improvements. Pursuant to Sections 33423 through 33426 of the State Health and Safety Code, the Developer shall be responsible for meeting all prevailing wage requirements for the public improvements funded by RABA pursuant to this Agreement. Section 6.11 Exhibits. The following Exhibits are attached to and made a part of this Agreement: Exhibit"A"— Legal Description of Mt. Shasta Mall; Exhibit "B"— Site Plan of Mt. Shasta Mall; Exhibit"C"— Legal Description of Bus Shelter Easement; and Exhibit "D"—Drawings of Facility. Section 6.12 Relationship of Parties, No Third-Party Beneficiaries. Developer is an independent contractor under this Agreement. This Agreement gives no rights or benefits to anyone not named as a party to this Agreement, and there are no third-party beneficiaries to this Agreement. Section 6.13 Records and Audits. Developer shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed reasonably necessary by RABA to assure proper accounting for all funds related to the construction of the Facility. These records will be made available for audit purposes to RABA or any authorized representative of RABA, and Developer shall retain such records for three (3) years after completion of construction of the Facility unless prior permission to destroy them is granted by RABA. Section 6.14 Subcontracts. Developer may use the services of independent contractors to perform portions of its obligations under this Agreement with prior approval by RABA. Independent contractors and subcontractors shall be provided with a copy of this Agreement and shall agree to be bound by its terms. Developer shall be the responsible party with respect to all actions of its independent contractors and subcontractors. Section 6.15 No Discrimination. In the performance of this Agreement, Developer shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, sexual orientation or medical condition. Developer shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, religion, color, sex, national origin, sexual orientation or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. Section 6.16 Entire Agreement. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. Section 6.17 Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law. CordanaCanbyIBus Shelter Easement Agreement/I 19i99 8 Section 6.18 Headings, Assignment and Waiver. The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof. Neither party to this Agreement shall assign its duties and obligations hereunder without the prior written consent of the other party. A waiver by any party of any provision or a breach of this Agreement must be provided in writing and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein. Section 6.19 Authority. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 6.20 Date of Agreement. The date of this Agreement shall be the date it is signed by RABA. IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the day and year first above written. DEVELOPER: SHASTA MALL ASSOCIATES, a California limited partnership By: ROEBBELEN LAND COMPANY, a California limited partnership General Partner By: David Thuleen General Partner Co danadCanbrBus Shelter Easement Agreemendl219/99 9 MORTON L. FRIEDMAN MARCINE L. FRIEDMAN MARK L. FRIEDMAN MARJORIE S. FRIEDMAN JEAN DERR, as Trustee under the Declaration of Trust dated June 13, 1979, between Jean Derr, as Trustor, and Jean Derr, as Trustee JAMES J. CORDANO, JR., Trustee of the J.J. and J.Z. Cordano Family 1989 Revocable Trust established June 6, 1989 JAMES J. CORDANO, JR., Trustee of the James J. Cordano, Jr. Children's Trust, initially created May 19, 1992 CORDANO ASSOCIATES, a California limited partnership By: JAMES J. CORDANO, JR., Trustee of the James J. Cordano, Jr. Children's Trust, initially created May 19, 1992 General Partner RICHARD L. MILLER NANCY J. MILLER Cordano/Canby/Bus Shelter Easement Agreement/I 2J9/99 10 JAMES J. CORDANO CO., a California corporation By: JAMES J. CORDANO, JR. Its: President By: RABA: REDDING AREA BUS AUTHORITY, a Joint Powers Agency By: Name: Title: STATE OF ) ) ss. COUNTY OF ) On , 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Signature (seal) CordanolCanby/Bus Shelter Element Agreement/1:19199 11 STATE OF ) ) ss. COUNTY OF ) On , 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Signature (seal) STATE OF ) ) ss. COUNTY OF ) On , 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Signature (seal) CwdanWCytbyaUm Shdicr Igax o c.i Agicemen✓I IPIPM) 12 EXHIBIT "A" Legal Description of Mt. Shasta Mall ITo Be Attached! CadanaCanby/Bus Shelter Easement Agreement/12/9/99 Exhibit A --- ...iiiiIiiiitiliii 1_ = 7:- E - 1 -=-ffiliiiinifir --nilifillifilfrimi -riniiiiiiiiiii = , , nillittillin j 4101 m II 11 I 1 II 11 Hit iii 1 il iii I Th1iiiiim9 } , C—H--0-----4-0 i : piiiiiiiii3 lc 0 E i.- - - _ —4— —4— I I F I OlUilliiiilliiIIIHIllki110 c. ••,----- ---g ri I ' ill ..IEfLii OliiIIIHIIIHIHHIIIHIIT t IL i I Ii k. r--7...,,,7772 4.6711ilITT—Til I lim 3 r r I , , L L. :_:_.-_i J 1 J - 1,.., - mi .s. --.. N N. N NO '', — • L....711...1 '. 1.••• ..• ,•;;; M 9 • :-; ' t . N. N N N N N N N * •:= 1:: 1 I Ir 1 r -5: I t. --.-t=: f t t. f . • -, Ft-- •- A I r:: ,Z •:: ',':,-; 4:: ::.'r .‘% 91 I ;-;'it Z,t; t • . . i I j I r >,1-5: _'t .^c;:. :/'. ti:-• i 1 . '.> :-..Z:- $•-; ',-' ITBI . . . . . --______ ‹,,,,7, c::;•; :-. . :.:Fz., orb _ . . . . iir-H.... ....._. ,...... .. ..) I _, aTin--Tro \‘.........0-_,.. -- --....... :.........›. ......, -.......- 1/4-, .,., --.. , cb -•,=._'-, .-) • .,/ - / ,% - ------. ___-- - — 0 100 :0 1 INCH = 200 FEET '------- --- —____ ___-_,-_,---- - EXHIBIT B 1 of 2 0 5a- ///i,, fA5 50 1 INCH = 50 FEET • . I I I II LJJ • c • --..,- ,,, c ) � N m 'r W / II m a / _ 0 / / 0 m / / 1 D C ) m / �� .idI► O \\\:.` \„, \\.�,\\, \\I II r .5 I II II 'I II (i D _ ( , I ) ( ) , UI ----1 `...... \\\\\\\\\\V.\\\\\\\\ars; 1%. N:•N A\\\\N • FBA- -/ II ; L r cm II I Iili_,J i ■ II I Fe I II II I II �I I _ I it , I, , I I EXHIBIT B 2 of 2 EXHIBIT "C" LEGAL DESCRIPTION OF BUS SHELTER EASEMENT All that certain real property situated in the City of Redding, County of Shasta, State of California, more particularly described as follows: All that portion of Parcel 4 as shown on Parcel Map No. LS 97-90 for Shasta Mall Associates filed for record October 8, 1992, in Book 29 of Parcel Maps at Page 70, Shasta County Records, and being in Section 31, Township 32 North, Range 4 West, M.D.M., more particularly described as follows: COMMENCING at the Northeast corner of said Parcel 4, said point being on the Westerly line of Canby Road as shown on said Parcel Map No. LS 97-90; thence along said Westerly line of Canby Road from a tangent bearing South 02°02'35" East, along a curve to the right having a radius of 21,958.00 feet, a central angle of 00°05'37" and an arc length of 35.92 feet to the True point of Beginning; thence continuing along said curve to the right having a radius of 21,958.00, a central angle of 00°49'29" and an arc length of 316.04 feet; thence leaving said Westerly line of Canby Road, South 88°52'31" West a distance of 65.03 feet; thence North 02°02'48"West a distance of 315.10 feet; thence North 88°03'02" East a distance of 67.83 feet back to the Point of Beginning. CurdandCanby/bus Shelter Easement Agreement/12/9/99 Exhibit C • .>' .>.0 N POINT OF COMMENCEMENT m;c3 NE CORNER PARCEL 4 v; PER 29 PM 70 ;� I I . I1 6=0'05'37" R=21958.00 N88'03102"ENy P.O.B. L=35.92 -1/67.83V I • I I 0 17 I 60 0 30 60 -N �; < 04929 � 0 :y .v,}-7-) � A '-; L=316.04 R=21958.00 1 IN = 60 FEET 1, i ,_L_ I N 6 CORNER ,`� 1 1 �:�' Z /I r J ' BE EN SECTIONS �,, o 00 �' 31 & 32 /;-- Qv O 1 ' hI I ru r / I 8 j/ ��A ii'r� 1 Oo ' . P AFrEL. r I I /' ro I i 1 ji is I 1; 1 I I ., o 3 1 65'03' I (J -� L P H H II i . 1 A 33 I I I I / � 0 1 � r 1U I 1 i I O > i i Z • i i z 0 1 CITY OF REDDING W I 1 1 r ' 1 1 1 ='�' ; i 1 BEING A PORTION OF PARCEL 4 PER 29 PM 70 IN THE CITY OF REDDING, �a ........ .. D s� COUNTY OF SHASTA, STATE OF CALIFORNIA .,'" RL<` by o,� �'D- i• ,J....,.:;..... .73% -Y_ SHARRAH DUNLAP SAWYER INC. -----2' : iP . 4975 ! ;_:�'• ENGINEERING • PLANNING • SURVEYING EXP. 12-31-01 IF _ ii:. T 3161 Bechelli Lane•Suite 100-Redding, Ca. 96002 ter' '`'i` (530) 221-1792 Fax (530) 221-8369 •.- OFC - DATE: SEPTEMBER , 1999 SCALE: 1"=60' 6\pacILE,97115,�Wr\grtl5)js Edi 6 �z(rt J�6� 37i1•�- ` 03.108 SY :3'1VOS 6441-944(9291 jj 66/0T/6:31Y0 831,13F' llYW VISVHS '1W OCL I-C£Ll6VO'31NO' nos gig Wilf c A0 133H1S HSf11q 66/SZ/0T V A38 9N1.. AOO N3130008 'ONI'S3SIFldFlj1N ! / 133HS 60461 SS-4ZBS1 , ,�1 `-.• ',t/ ', , • fir'• , � t7 7. ® R4 ,LiiVa I I Z kiPPZE IA r0 m O 6 i..,_ / W o�om� 3 0 0 P., s• Pig NFa8k�o° � c9 — - < A V t sl \ kei". '''-- - ! ' ,.. I el i I. .„ H 7 N — N "r ` EXHIBIT D - — — — — ._ 1 of 3 OV V -___6 - 6VV '31 ONI g 8 JO 66/OT/6:31Y0 83t'13HS Sf18 11VW YlSYHS '1W 06L1-EELl6YO'31NOW"N1f10S Z 1461":A6 133HIS HSftli 66/SZ/0T V A32I OHI NOD H313880a 'ONI'S3SIHda31 133HS GC"' SS-6z8Si I ' . 4-N5 g so , E § t 'h - I J A I lgt. u-' o 0 / 3a. 7 5 , .,(• Y.:... qibq . / , __N 1 (V 8 \ 3 \ I V\ os E at 8 Al 0i a I (4i. 6 '? > (V 11„ N in ' ._., ..... ,33 111 I 3 MI EXHIBIT 0 2 of 3 X18 30 66/0T/6'31VO H3113HS a 11V14Y1SVN5 '1N OCLI-CCLl6VO'31NOIN-11H1f1OS 2N21f y AH 133F11S HSlld'- 66/SZ/0T V A3N �JNI NOD N31313608 'ONI'S3SIHal31t, 133HS 60661 SS-6ZHS1 • ::▪ :?C:::::: :..:: I;ire '`-/ �.: C :--i c._ O ,ten in �o _ <v ca;;. I ^ rg "" '''i H -"--1 git., E tUf11 O i 01 ••-• -(7,4 -•• � kr8�+9 . i ! , E §E/1,4 . i ! ' � g m 1 ! ! IHHL krs• '� I I t i0 � oa + �� � I eN I ' a I I - F- N ii : _„ = I_ ,_, W W i` \ U? •-'Ij E ��U Q J 1n L„--13 a_ W 11110 I L.J D N W v q o �7a ar N t— —— J A sem \ IN O } v l �� 0 K, tr. 1N0JJ ”" EXHIBIT D a 3 of 3 EXHIBIT 10 TRAFFIC SIGNAL INSTALLATION REQUIREMENTS SECTION 1 RIGHTS AND RESPONSIBILITIES OF DEVELOPER 1.01 Traffic Signal Design Plans, Specifications, and Estimate. The Developer shall provide to the Agency for review and approval the complete design,bid specifications, and estimated costs for the construction of a four-way traffic signal at the intersection of Canby Road and Dana Drive. 1. The traffic signal design plans shall be to the standards and specifications established by the City of Redding Department of Public Works. 2. The traffic signal bid specifications shall stipulate that the project is subject to prevailing wage rate rules. 3. In accordance with the Public Contract Code: (1) Construction of the traffic signal shall be accomplished by competitively bid contract;(2)Developer shall advertise the design and bid specifications to invite bids for construction of the traffic signal after the Agency has approved the design and bid specifications; (3) The contract shall be let to the lowest responsible bidder. 1.02 Easements. Developer shall obtain all easements needed for traffic signal from Developer's property and other properties to be deeded to the City of Redding prior to entering into a construction contract pursuant to Section 1.03. 1.03 Construction of Traffic Improvements. In accordance with the Public Contract Code, Developer shall enter into a contract with the lowest responsible bidder to construct a four- way traffic signal at the intersection of Canby Road and Dana Drive prior to the striping of diagonal parking on Canby Road pursuant to the Parking Easement Agreement. 1. City shall approve the contract between the Developer and the lowest responsible bidder prior to commencement of construction of the traffic signal. City shall approve in advance any change orders to the traffic signal construction contract. 2. Prior to commencement of construction of the traffic signal,Developer shall provide or cause the contractor to provide City with performance and payment bonds in the amount equal to the traffic signal construction contract price,a one year Maintenance Bond in the amount equal to one-half('/2) of the traffic signal construction contract price. 3. The City of Redding shall inspect and approve all construction work related to the traffic signals. Inspection costs shall be considered part of the traffic signal improvement costs and are eligible for Agency reimbursement subject to the $240,000 maximum reimbursement allowance. 0 4. Developer shall pay all bills related to work performed within thirty (30) days of receipt thereof. 5. A request for acceptance of the traffic signal improvements for maintenance will be submitted to the next regularly scheduled City Council meeting following the City of Redding Public Works Department's passage of the final inspection. The City will file a Notice of Completion within five (5) days of the acceptance of the improvements for maintenance by the City Council. 1.04 Cost Increases During Construction. The City and the Developer agree that increases in project costs due to change orders or costs not anticipated shall be considered part of the total costs in determining the amount of Developer reimbursement.