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Home My WebLink About _ 4.6(c)--Amended & Restated Lease Agreement with the Shasta-Trinity Fly Fishers GI �" Y � F � � � ° � � � " � � CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: October 2, 2023 FROM: Kim Niemer, Community ITEM NO. 4.6(c) Services Director ***APPROVED BY*** � �� N,. � � � � � �P � �� in1lVi�n er, �ni nit crvle�s irectrar �3(?112423 ry ip}�in,Ci ana � 9,�2G/2423 kniemer@cityofredding.org btippin@cityofredding.org SUBJECT: 4.6(c)--Approve Amended and Restated Lease Agreement with the Shasta-Trinity Fl Fishers for the Clover Creek Clubhouse Recommendation Authorize the following actions relative to the Clover Creek Cl�ubhouse located at 3100 Venus Way in the Clover Creek Preserve: (1) Approve the Shasta-Trinity Fly Fishers — Clover Creek Clubhouse Land and Building Amended and Restated Lease Agreement (G5991) with the Shasta-Trinity Fly Fishers through March 26, 2043, in the amount of $2,670.96 annually, with Consumer Price Index adjustments every three years, to cover the cost of pest control and long-term maintenance projects and an option to extend for three additional ten-year periods through March 26, 2073; and (2) Find that the adoption of the Amended and Restated Lease is categorically exempt from review under the California Environmental Quality Act Guidelines pursuant to Section 15301 of Title 14 of the California Code of Regulations — Existing Facilities, as renewal of the lease will not result in a significant impact on the environment and will not cause an expansion of the existing use. Fiscal Impact The projected annual lease revenue for the Shasta-Trinity Fly Fishers— Clover Creek Clubhouse Land and Building Amended and Restated Lease Agreement (Agreement) is $2,6'70.96, with Consumer Price Index (CPI) adjustments every three years. This revenue covers the cost of pest control and long-term maintenance projects such as Heating, Ventilation, and Air Conditioning (HVAC) and roof replacement. Alternative Action The City Couneil (Council) could deeline to approve the agreement which would result in the existing agreement remaining in place without the updated expenses and monthly impound rate. Or, the Council eould provide staff with alternate direction. Report to Redding City Council September26,2023 Re: 4.6(c)--Amended&Restated Lease Agreement with the Shasta-Trinity Fly Fishers Page 2 Background/Analysis The Shasta-Trinity Fly Fishers (STFF) is an affiliate of Fly Fishers International, promotes all aspects of fly fishing from the art of casting instruction, fly tying and general fly-fishing education, to the protection of our fresh and salt water fisheries. STFF funded and constructed the clubhouse building (approx. 3100 sq. ft) including two exterior facing public restrooms. The City provided the land and some modest support through construction. Following construction, STFF deeded the building to the City. Since opening the Clubhouse in April 2018, the STFF membership has grown. They actively host ineetings, educational outreach classes, and socials for both STFF membership and the general public. The Clubhouse, located within the Clover Creek Preserve, is a 130-acre natural park area located on Shasta View Drive. Existing amenities include a paved walking trail around the perimeter, natural surface interior trails, a pond, interpretive signage, drinking fountains, benches and opportunities for wildlife viewing. The preserve draws visitors of all ages from the surrounding neighborhoods. The City and STFF executed the first lease agreement (G5991) in 2013, which was amended five times as the Clubhouse project progressed. In 2018, the City amended and restated the lease agreement with the Shasta-Trinity Fly Fishers. In 2023, the City and STFF met to discuss rent, building repair, and maintenance charges due to inflation and overall increases in short and long- term maintenance costs. As a result, the City and STFF have agreed to the following updates: Highlights of the Amended and Restated Lease are: • Added extensions to term. The new agreement allows STFF, as the lessee, three additional periods of 10 years each called an "Option Term"to potentially extend through 2073; • Replaced"rent" with"impounds;" • Revised monthly impound charges from $142.00 to $222.58 per month based on new replacement schedule; o Reroofing replacement updated from 40 years to 25 years for replacement. o HVAC replacement updated from 10 years to 20 years. o Lessee shall contribute $50.00 monthly to a new contingency fund. • Moved paving from impound account to lessee responsibility every five years; and • Revised limits on private rentals to increase attendance threshold to 50 in rental cap of 15 events. Rentals with less than 50 attendees are not capped. Envir�onmental Review The approval of this agreement is categorically exempt from environ.mental review under the California Environmental Quality Act pursuant to Section 15301 of Title 14 of the California Code of Regulations. This exemption permits the lease of existing public facilities when there is negligible or no expansion of use. The approval of this agreement does not expand the use o�the facility beyond what was ariginally contemplated in the lease dated September 24, 2013. Report to Redding City Council September26,2023 Re: 4.6(c)--Amended&Restated Lease Agreement with the Shasta-Trinity Fly Fishers Page 3 Council P�ioNity/City Manager Goals • Budget and Financial Management — "Achieve balanced and stable 10-year Financial Plans for all funds." • Economic Development — "Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community." Attachments ^Fly Fishers Clubhouse Location Map ^Shasta Trinity Fly Fishers Clubhouse photo Amended and Restated Lease Agreement(C-5991) G5991 2018 LEASE C-5991 2013 LEASE G5991 1 st Amend C-5991 2nd Amend G5991 3rd Amend C-5991 4th Amend G5991 Sth Amend " :Y'- � � ... ; �� Nl � t n,�t ..�� .,�N ,� ' r�` � ti � � �� 4� } q �� - �� :.> t��,"'� �\� t f � �'..�. f �� ti��t�� 1, � �� `��i� �� < � "�� F� � �� ,� .,� ��. ,,,�,, �,,• ..:�.�.. � � r � � �, M. SATURN,SKW�Y �t�� e i ' �E „�� r� � . , � � � � � . � , � � , � �� . � , }�it�t� � : '�xx. � � � ti ' ° �� `k s �, � � , � ut�� r� � �� . � �� 4 � � �� g � � ,y � � + � 4w , � � � ', � ti,, h 4, � �r. ',�. C � � �s �� ! 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Shasta Trinity Fly Fishers Clubhouse � Clover Creek Preserve SHASTA-TRINITY FLY FISHERS—CLOVER CREEK CLUBHOUSE LAND AND BUILDING AMENDED AND RESTATED LEASE AGREEMENT C-5991 This Amended and Restated Lease Agreement is made and entered into this day of , 2023,is replacing entirely(G5991)dated June 25,2018,by and between the City of Redding("Lessor"), a municipal corporation, and Shasta-Trinity Fly Fishers ("Lessee"), a non-profit corporation, is hereby amended as follows: RECITALS: WHEREAS,Lessor owns land compatible with this activity. The proposed partnership is consistent with the policies delineated in the City's Parks, Trails, and Open Space Master Plan; WHEREAS, Lessee completed construction of Clubhouse; WHEREAS, Lessor desires to lease the Clubhouse to the Lessee and :Lessee desires to lease the Clubhouse from the Lessor for the purpose of operating the Clubhouse in accordance with the terms of this Agreement. The Land and the Clubhouse Improvement constructed thereon are sometimes collectively referred to as the `Premises', E�ibit"1" at 3100 Venus Way. The Lease of the Premises by the Lessee from the Lessor shall be in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: AGREEMENT Section 1. Term A. Lessor, for and in consideration of the covenants, conditions, and agreements herein set forth to be kept and performed by Lessee,does hereby grant,demise,and lease unto Lessee,subject to all of the conditions, covenants, terms, and agreements hereinafter set forth, that Premises described in Exhibit "1" attached hereto and incorporated herein by reference for an initial term of twenty-five (25) years commencing on the 26th of March, 2018. B. If the Lessee is not in default of the terms, covenants and the conditions herein contained, Lessee may, with the consent of Lessor, extend the term of this Lease for three (3) additional periods of ten (10) years each (each, an "Option Term"). Lessee shall provide notice of its intent to exercise said Options through written notice by Lessor to Lessee at least sixty(60)days prior to the expiration of the Initial Term or immediately preceding Option Term. Lessor sha11 not unreasonably withhold its consent to each such extension. Lessor sha11 grant or withhold its consent to such extension, if any, by delivering written notice thereof to Lessee within thirty(30)days following Lessor's receipt of Lessee's exercise notice. All terms, covenants and conditions of this Lease shall remain in effect during each Option Term. The Initial Term and all Option Terms, if any, are hereinafter sometimes referred to collectively as the "Term". Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 1 Section 2. Clubhouse Ownership A. Title the premises shall vest, without necessity of formal written transfer of ownership, in Lessor upon the issuance of a Certificate of Occupancy. B. Guarantee of Materials. Lessee shall guarantee all work performed by or for Lessee in the construction of the Clubhouse Improvements against defective workmanship and materials for a period of ten (10) years from the Term Commencement Date (or such longer period as may be specified in the Plans and Specifications). Lessee, shall assign to Lessor (or enforce for Lessor's benefit) any and a11 guarantees and/or warranties of workmanship and materials which it may receive or which are required in the Plans and Specifications with respect to those portions of the Premises required to be maintained and repaired by Lessor hereunder within a ten (10) day period, then Lessor shall be deemed to have accepted the Premises in its entirety subject to Lessee's guarantee obligations described above and any repair and maintenance obligations of Lessee under Section 2 (C)below. C. Fixtures,Furnishing and Equipment (FF&E). FF&E will be purchased by the Lessee. Lessee will be solely responsible for all FF&E costs and shall own all eguipment it purchases or is given. D. Warranty of Storm Drain Culvert.Lessee shall warranty the construction,materials,and labor related to the installation of the storm drain culvert installed beneath the new driveway to the Clubhouse. The culvert installed was not specified in the approved plans. In the event the culvert fails in any way, the Lessee shall replace it as specified in the approved plans at its sole expense. E. If requested by the Lessor, Lessee shall provide reasonable storage space within premises for Lessor to store janitorial supplies and paper goods for public restroom. Section 3. Impounds and Other Charges A. To budget for future building repair(s) and/or replacement of equipment, and preventative pest control described below as items (1), (2), and (3), at the Clubhouse, the Lessor shall establish a pro-rata monthly charge, called an impound charge. The impound charge paid by Lessee to Lessor under this Lease Agreement,as described in Exhibit"2"attached hereto and incorporated herein by reference is based on the estimated costs for the following: (1) Reroofing the building every 25 years. (2) Replacement of HVAC equipment every 20 years. (3) Annual Pest control services. The initial impound payment is$172.5 8 per month. Said impound shall be payable in advance on the first day of each and every month during the term of the Lease Agreement. The estimated costs for items in Section A,(1),(2),(3)are provided by Lessor to Lessee.Impound Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 2 funds collected from the May 1, 2018 Lease Agreement (C-5991) were accounted for in impound calculation as described in Exhibit"2". B. The estimated annualized cost for items(1) and(2) of paragraph 3.A. above shall be adjusted every(3)years, commencing the date of the original Agreement, and adjusted by the average increase of the United State Bureau of Labor Statistics National Consumer Price Index(CPI) for the San Francisco/Oakland area for the previous three-year period. C. The impound payments of(3) of paragraph 3.A. above shall be adjusted annually, based on bids for work. The bid for pest control services are the responsibility of the Lessor. D. In addition to the amounts set forth in Section 3.B,Lessee shall contribute the amount of fifty dollars ($50.00) per month into a contingency fund. Contingency funds shall be used when necessary to fund capital replacement costs related to roof,HVAC or other replacement when mutually agreed. The annualized payment into the contingency fund shall be adjusted every (3) years, commencing the date of the original Agreement, and adjusted by the average increase of the United State Bureau of Labor Statistics National Consumer Price Index(CPI) for the San Francisco/Oakland area for the previous three-year period. E. Lessor is entitled to collect from Lessee, and Lessee agrees to pay to Lessor; upon invoice; any rentals, fees, and charges set forth-herein. Without prejudice to any other remedy which otherwise might be used for non-payment of impound, fees, and charges, or other breach of this Lease Agreement, if Lessor is required or elects to pay any sum or sums or incurs any obligations or expense by reason of a fail�ure,neglect, or refusal of Lessee to perform any one of more of the terms, conditions, and covenants of this Lease Agreement or as the result of any act or omission of Lessee contrary to said terms, conditions, or covenants, the sum or sums so paid by Lessor, including all interest, costs, damages, or penalties, may be added, after thirty (30) days' written notice by Lessor to Lessee, to any installment or impound thereafter due hereunder, and each and every day thereafter the same shall be and become additional impound recoverable by Lessor in the same manner and with like remedies as though it were originally a part of the impound as set forth hereinabove. Section 4. Utilities A. Lessee sha11 pay the costs for any utility services that are furnished to it at said Premises, expressly including,but not limited to, sewer,water, electricity,natural gas,telephone, cable television,building alarm or internet services. Section 5. Taxes A. Lessee shall pay promptly any taxes assessed against its personal property, and any possessory interest tax levied by reason of its occupancy of the subject Premises and the improvements constructed thereon. B. Lessee covenants and agrees to pay any and all taxes which may be levied and assessed against the leased Premises,in additional to the rental payments herein provided. Pursuant to Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 3 Revenue & Taxation Code section 107.6, Lessee is advised that this Lease may create a possessory interest subject to taxation. Provided, however, that Lessee shall not be liable for increases in real property taxes that result from changes in ownership of the Premises. For the purposes of the Lease Agreement, "change in ownership" has the same definition as in California Revenue and Taxation Code sections 60-62, or any amendments or successor statutes to those sections. Lessor shall not resist Lessee's challenge of nor appeal of property tax assessments or valuations. Any property taxes payable for the current year shall be prorated as of the date on which this Lease Agreement term commences. Section 6. Use of Premises A. The premises shall be used by the Shasta-Trinity Fly Fishers, and for sponsored or co- sponsored activities traditionally associated with the Shasta-Trinity Fly Fishers and except as hereinafter set forth. No political andlor religious activities or uses shall be permitted on the leased Premises. Lessee shall be permitted to rent premises to private parties for events. Events exceeding fifty(50)people are limited to fifteen(15) annually and must end by 11:00 pm. Events shall not exceed one hundred(100)people.In addition,no overnight lodging shall be permitted on the leased Premises without permission of the Lessor's representative. B. No activities shall be cond�ucted or carried on within the demised Premises in violation of any ordinance, law, statute,by law, order, or rule of any governmental agency having jurisdiction thereover. Section 7. Hours A. Lessee shall not commence use of the Premises prior to 6:00 a.m. and shall conclude activities by 11:00 p.m. Lessee will be provided with a key to the parking lock gate. Lessee shall be responsible for locking gate upon exit after park hours. Section 8. Communitv Service A. Lessee shall be responsible for conducting sixty (60) hours annually of free instruction and tours for community groups, including thirty (30) hours in coordination with the Recreation Division. Programs and dates will be determined each March between the Community Services Director and the President of the Shasta-Trinity Fly Fishers. Section 9. Parkin� A. On the occasion of a special event at the Clubhouse, Lessee shall reserve at least ten (10) parking spaces for park users. Lessee is responsible for all maintenance, landscape maintenance, and litter abatement within its lease area. Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 4 Section 10. Compliance with Law A. Lessee covenants and agrees to comply with all statutes,laws,ordinances,regulations,orders, judgments, decrees, directions, and requirements of Lessor, and of all Federal, State, County, and City authorities now in force or which may hereafter be in force applicable to said leased Premises. Except that Lessee shall not be obligated to comply with any that requires alterations, maintenance, or restoration to the Premises, unless the alterations, maintenance, or restoration are reguired as a result of Lessee's particular and specific use of the Premises at the time. Lessor shall make any alterations, maintenance, or restoration to the Premises required by such laws that Lessee is obligated to make. The judgment of any Court of competent jurisdiction or the admission of Lessee in any action or proceeding against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any such ordinance or statute in the use of the Premises shall be conclusive of the fact as between Lessor and Lessee and shall subject this Lease Agreement to immediate termination at the option of Lessor. Section 11. Services to the Public A. Lessee shall make its activities available without discrimination as to race, color, creed, religion, sex, age, or national origin, and shall refrain from imposing or levying excessively discriminatory or otherwise unreasonable rules, charges, or fees for any use of its facilities or activities; provided, however, that Lessee have the privilege to refuse admittance to any person or persons for just cause, but not to discriminate by virtue of race, color, creed, religion, sex, age, or national origin. Section 12. Waste; Quiet Conduct A. Lessee shall not commit nor suffer to be committed any waste upon said Premises, nor any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant or use of Lessor's adjoining Premises. Section 13. Maintenance A.By entry hereunder, Lessee accepts the Premises as being in good condition and repair, and shall, upon terrnination of this Lease Agreement or earlier cancellation thereof, leave said Premises in as good a condition and repair as the same are now, reasonable use and wear thereof excepted. B. Lessee sha11 maintain at all times its building and improvements in a safe, clean, neat, and sanitary condition, and sha11 comply with all laws, ordinances, and regulations pertaining to health and safety. C. Commencing on the date of this Agreement, Lessee shall be responsible to resurface the parking lot, restripe parking areas every five (5) years and replace the carpets every fifteen (15) years or when the warranty period has surpassed. Parking spaces to be restriped are the Americans with Disability Act(ADA) spaces and three (3) spaces in front of club house. Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 5 D.Lessee shall be responsible for all interior and exterior maintenance of the premises,excluding the public restrooms, to include janitorial work, painting, window replacement if necessary, all other repairs to the entire structure, finishes and systems, and maintenance by contract or otherwise for Heating, Ventilation and Air Conditioning (HVAC) equipment. Lessor shall be responsible for all interior maintenance of the public restrooms associated with the Premises, to include janitorial work,painting and other minor repairs to the interior and all maintenance and repair of fixtures and furnishings. Lessor shall be responsible for maintenance of exterior doors and associated hardware of the public restrooms. E. Lessee shall maintain any electrical appliances required or desired by Lessee in the use of said Premises. F. Lessee shall maintain basic landscaping surrounding the Clubhouse as outlined in Exhibit"1". Section 14.Improvements; Alterations A.Lessee shall not make or permit anyone to make any alterations, exterior decorations, additions, or improvements, structural or otherwise, in or to the Premises or the building without the prior written consent of Lessor. When granting its consent, Lessor may impose any conditions it deems appropriate, including, without limitation, payment of prevailing wages, the approval of plans and specifications and obtaining of specified insurance. As a condition precedent to such written consent of Lessor, Lessee agrees to obtain and deliver to Lessor written and unconditional waivers of inechanics' and materialmen's liens upon the land and building,of which the Premises are a part,for all work,labor,and services to be performed and materials to be furnished by them in connection with such work, signed by a11 contractors, subcontractors, materialmen, and laborers to be involved in such work. If, notwithstanding the foregoing, any mechanics' or materialmen's lien is filed against the Premises, the building, and/or the land for which work is claimed to have been done or materials claimed to have been furnished to Lessee, such lien shall be discharged by Lessee within ten (10) days thereafter, at Lessee's sole cost and expense, by the payment thereof or by filing any bond required by law. If Lessee shall fail to discharge any such mechanics' or materialmen's lien, Lessor may, at its option, discharge the same and treat the cost thereof as additional rent payable with the monthly installment of rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Lessor shall not be deemed to waive or release the default of Lessee in not discharging the same. It is understood and agreed by Lessor and Lessee that any alterations, exterior decorations, additions, or improvements shall be constructed on behalf of Lessee; and that in the event Lessor gives its written consent to Lessee making any such alterations, exterior decorations, additions, or improvements, such written consent shall not be deemed to be an agreement or consent by Lessor to subject Lessor's interest in the Premises, the building, or the land to any mechanics' or materialmen's liens which may be filed in respect to any such work done by or on behalf of Lessee. Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 6 B. All alterations, exterior decorations, additions, or improvements, including wall-to-wall carpet, upon the Premises (whether with or without the prior written consent of Lessor) shall, at the election of Lessor, remain upon the Premises and become the property of Lessor and be surrendered with the Premises at the expiration or termination of this Lease Agreement without disturbance, molestation, or injury. Should Lessor elect that alterations, exterior decorations, additions, or improvements made by Lessee upon the Premises, including telephone or computer cabling, security systems, conduit or wiring, be removed upon expiration or termination of this Lease Agreement, Lessee hereby agrees to cause same to be removed at Lessee's sole cost and expense. Should Lessee fail to remove the same, Lessor may cause same to be removed at Lessee's expense, and Lessee hereby agrees to reimburse Lessor for the cost of such removal, together with any and all damages which Lessor may suffer and sustain by reason of the failure of Lessee to remove the same. C. Lessee shall indemnify and hold Lessor harmless from and against any and all expenses, liens, claims, or damages to persons or property which arise directly or indirectly by reason of the making of any such alterations, exterior decorations, additions, or improvements. If any such work is done without the prior written consent of Lessor, Lessor may correct or remove the same,and Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work. All alterations, exterior decorations, additions, or improvements in or to the Premises or the building made by either party shall immediately become the property of Lessor, and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or termination of the term hereof without disturbance, molestation, or injury; provided, however, that if Lessee is not in default in the performance of any of its obligations under this Lease Agreement, Lessee shall have the right to remove, prior to expiration of the term hereof, all movable furniture, furnishings, or equipment installed in the Premises at the expense of Lessee. If such property of Lessee is not removed by Lessee within ten (10) days a�ter termination or earlier cancellation of this Lease Agreement, the same shall become the property of Lessor and shall be surrendered with the:Premises as a part thereof. Section 15. Si�ns A.Lessee shall be limited to a maximum of two (2) identification signs, to be approved by Lessor, which approval will not be unreasonably withheld. One sign may be placed near the front of the building at a location near the principal entrance of Lessee. A second sign not exceeding fifteen (15) square feet in area may be placed near the entrance of the parking lot. Section 16. Propertv of Lessee A.Fixtures, equipment, and personal property of Lessee shall be removed by Lessee within ten (10)days after termination or earlier cancellation of this Lease Agreement;provided,however, that any fixtures which cannot be removed without damaging said Premises shall become the property of Lessor. Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 7 Section 17. Insurance A.Unless modified in writing by City's Risk Manager, Lessee shall maintain the following noted insurance during the duration of the Contract: Coverage Required Not Repuired Commercial General Liability X Comprehensive Vehicle Liability X Workers' Compensation and Employers' X Liability Professional Liability(Errors and Omissions) X B. Coverage shall be at least as broad as: 1. Insurance Services Of�ce form number CG�0001, Commercial General Liability Insurance, in an amount not less than$1,000,000 per occurrence and$2,000,000 general aggregate for bodily injury,personal injury and property damage; 2. Insurance Services Office form number CA-0001 (Ed. 1/87),Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles; 3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers'Liability Insurance in an amount not less than$1,000,000 per occurrence. Both the Workers' Compensation and Employers` Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers; 4. Professional Liability (Errors and Omissions) Insurance, appropriate to Consultant's profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000; 5. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence"or any other verbiage limiting the insured's insurance responsibility. C. In addition, Lessee shall procure and maintain from a company authorized to do business in the State of California, and its sole cost and expense and at all times during the term of this Lease Agreement, fire insurance on the existing building, and structures to be erected on the Premises, to the full insurable value thereof, with the City of Redding named as loss payee. Lessee shall furnish to the Risk Manager of Lessor, to be approved by him prior to the commencement of the term thereof, a Certificate of insurance showing that this insurance coverage is in effect.The Certificate shall guarantee Lessor at least ten(10)days written notice Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 8 of cancellation or reduction in coverage. In the event of damage to the facility, which is covered by the fire insurance policy provided by the Lessee, the Lessor will utilize the insurance funds received to repair or replace the clubhouse. No funds in excess of the insurance proceeds are required. D.It is further understood and agreed as a condition of this Lease Agreement that should Lessee hire an employee or employees, it will provide workers' compensation insurance on its employees as required by the Labor code, and shall furnish Lessor with a Certificate evidencing such insurance. To obtain an exemption from this requirement Lessee shall have no employees, Lessee shall provide the Risk Manager of Lessor with a letter stating that it is not employing any person or persons in any manner so as to become subject to the workers' compensation laws of California. However, should Lessee later become subject to the workers' compensation provisions of the Labor Code, it will forthwith comply with the insurance requirements set forth above. Section 18. Indemnification and Hold Harmless A. To the fullest extent permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subj ected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. B. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Consultant. C. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section. Section 19. Assi�nment or Sublettin� A. Lessee shall not assign this Lease Agreement or any interest therein, and shall not sublet the Premises or any part thereof, nor any right or privilege pertinent thereto, nor suffer any other person (the officers, agents, employees, members and invitees of Lessee excepted) to occupy or use said Premises, or any portion thereof, without the written consent of Lessor first had and obtained. A consent by Lessor to one assignment, subletting, occupancy, or use by another party shall not be deemed to be a consent to any subsequent assignment, subletting, occupancy, or use by the same or another party. Any such assignment, subletting, Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 9 occupancy, or use without such consent shall be void and shall, at the option of Lessor, terminate this Lease Agreement. This Lease Agreement or any interest therein shall not be assignable as to the interest of Lessee, by operation of law, without the written consent of Lessor. Lessor will not unreasonably withhold its consent to a sublease or assignment by Lessee. Section 20. Inspection and Notice A. Insofar as the same may be necessary for the protection of Lessor's rights,Lessor or its agents sha11 during normal business hours of Lessee have the right to go upon and inspect the ground area and improvements hereby leased and any and every structure or improvement erected or constructed or in the course of being erected or constructed, repaired, added to, rebuilt, or restored thereon; and also to serve, or to post and keep posted thereon, or any part thereof, any notices that may at any time be reguired or permitted by law. Section 21. Ri�ht to Cure A.Upon written notice from Lessor to Lessee that Lessee is committing a breach of a term, covenant, or condition of this Lease Agreement, Lessee shall forthwith cure such breach. In the event that Lessee has not cured such breach within thirty (30) days following the date of mailing such written notice thereof to Lessee by Lessor, Lessor shall have the right to enter and take over the demised Premises and excl�ude Lessee therefrom. Section 22. Waiver A. N�o delay or failure by any party to exercise any right, power, or remedy with regard to any breach or default by such party under this Lease Agreement, or to insist upon strict performance of any of the provisions hereof, shall impair any right,power, or remedy of such party, and shall not be construed to be a waiver of any breach or default of the same or any other provision of this Agreement. The waiver by Lessor of any breach or default of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or any subsequent breach of the same, or any other term, covenant, or condition herein contained. Section 23. Default A. If Lessee shall be in arrears in the payment of rent for thirty(30) days or more, or if the transfer or assignment, voluntarily or involuntarily, of this Lease Agreement or any interest therein is attempted, except as herein provided, or if Lessee violates or neglects or fails to keep, observe, and perform any of the covenants, promises, or conditions herein contained which are on its part to be kept, observed, and performed, Lessor may, at its election, give Lessee written notice of such default. If such default shall continue for thirty (30) days, and Lessee has failed to commence good faith efforts to cure such default within said period and diligently prosecute the same to completion, Lessor shall have the right at any time thereafter and while such neglect or default continues to enter into or upon said Premises, or any part thereof, and repossess the same,including all buildings and improvements thereon,and expel Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 10 Lessee and those claiming under Lessee, and remove their effects, forcibly if necessary, without prejudice to any remedies which might otherwise be invoke by Lessor. Every covenant, promise, term or condition set forth in this Lease is deemed by the Parties to be material. Section 24. Bankruptcv or Insolvencv A.If Lessee shall be adjudged bankrupt, either by vol�untary or involuntary proceedings, or should be the subject of any proceedings to stay the enforcement of obligations against it in the form of reorganization or otherwise under and pursuant to any existing or future laws of the Congress of the United States, or if Lessee shall discontinue business or fail in business, or abandon or vacate said real property, or make an assignment for the benefit of creditors, or if said real property should come into possession and control of any trustee in bankruptcy, or if any receiver should be appointed in any action or proceeding with power to charge, possession, control, or care of said property, Lessor shall have the option to forthwith terminate this Lease Agreement, and re-enter the property and take possession thereof. In no event shall this Lease Agreement be deemed an asset of Lessee after adjudication in bankruptcy. Section 25. Cancellation A.This Lease Agreement may be cancelled by Lessee at any time upon giving proper written notice six (6) months in advance of such cancellation. Section 26. Surrender A.At the termination of this Lease Agreement by lapse of time or otherwise, Lessee shall surrender possession of the Premises to Lessor; deliver al1 keys to the Premises and all locks therein to Lessor; make known to Lessor the combination of all combination locks in the Premises; and return the Premises and all equipment and fixtures of Lessor therein to Lessor in broom-clean condition and in as good a condition as when Lessee originally took possession, ordinary wear and tear excepted, failing which Lessor may restore the Premises and such equipment and fixtures to such condition and Lessee sha11 pay the cost thereof to Lessor on demand. Section 27. Administration by Lessor A.Whenever :Lessee is required to secure the approval or consent of:Lessor under this Lease Agreement,"Lessor" shall mean the Director of Community Services of the City of Redding. Section 28. Entire A�reement A.This Lease Agreement, which includes a11 exhibits attached hereto and incorporated by reference herein, contains all the representations and the entire understanding and agreement between the parties pertaining to the Premises or any other matters connected therewith. This Lease Agreement shall not be altered, amended or modified except by a written notice signed Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 11 by Lessor and Lessee. The Director of Community Services is delegated authority to amend this Lease in any manner that does not result in a decrease in the impound due under this Lease. Section 29. Invalid Provisions A.In the event any covenant, condition, or provision herein contained is held invalid by any Court of competent jurisdiction, the invalidity of the same shall in no way affect any other covenant, condition, or provision herein contained, provided that the validity of any such covenant, condition, or provision does not materially prejudice either Lessor or Lessee in its respective rights and obligations contained in the valid covenants, conditions, and provisions of this Agreement. Section 30. Notice A.Any notices or demands that may be given by either party hereunder, including notice of default and notice of termination, shall be deemed to have been fully and properly given when made in writing,enclosed in a sealed envelope,and deposited in the United States Post Office with postage prepaid, certified mail, addressed as follows: To Lessor c/o Director of Community Services, 777 Cypress Avenue, Redding California 96001; and to Lessee c/o President of the Shasta-Trinity Fly Fishers, PO Box 990002, Redding, CA 96099. Section 31. Attornev's Fees A.In case suit or action is instituted to enforce any of the provisions of this Lease Agreement, the prevailing party therein sha11 be entitled to attorney's fees and other sums as may be adjudged reasonable and necessary at trial and on appeal. Section 32. Bindin� on Successors A.All terms, covenants, and conditions herein contained sha11 extend to and bind the successors and assigns of the respective parties hereto. Section 33. Time of Essence A.Time is of the essence of this Lease Agreement and of each and every provision thereof. Section 34. CE A A.It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. Section 35. Authorization Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 12 A.The City Manager or designee is hereby authorized to make any amendments on behalf of the Lessor to this Lease as is necessary to effectuate its intent. Amended and Restated Shasta-Trinity Fly Fishers—Clover Creek Preserve Clubhouse Agreement(G5991) Page 13 IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement in the presence of their respective officers duly authorized in that behalf on the day and year set forth above. LESSOR: CITY OF REDDING, A Municipal Corporation Dated: , 2023 By: KIMBERLY A. NIEMER Community Services Director ATTEST: APPROVED AS TO FORM: BARRY E. 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' �a' a '� �, s u �:�i 7 e "�'c.,�� q w z ��,. �^ p { � ;�`� t ' 1'^{ � � �a��y:3 � �t 4k�t�t ��'4 t ,u#��"�Rm.�' (°'°` lf w. w4 3 4�� 7 �. f t} y "t }1 &s '� 3�j r �, �'�� '�;f t f` r a S i i r t t"� t . � � 7t� , � "{s f � 4 �. s :�g #t�� S ��F� �.5� v>t�t d:`� f�b z �� : �,+� . � �}�yr �,.4 ta ��'j` �y��'{��c�,�,�,� s ��YY1�)1J�?�''�1-.��,1� �� M„>, �._. �3''� � {�r .'v + �`a ��w�t,�.� �a ��' '.,A�c.,i�. ""`��. r� �+ � � t �7 j� "i tt,,?�' I q � ,��y s�S . ? t�i . '�� i� 1 *� �tt 5.�;4s a"�: �,.�`��.,�..�� ,F �i'�, „��`i k � ih,,,�'� ,u� t 3 5 s� �� 4 t f�,.�� 2S1 �u „h«., _fi�` ,rf n .�� W ��'.; � +��s atv�siorv L4CATIClN MAP MTG:DATE: JNFORh1ATI0N TECHNOLOGY pEPARTM6NT �7 Ej DATE RRpDUCED: ITEM ��,s,�o,8 Exhibit 1 � a ,50 �aAFee� Shasta -Trinity Fly Fishers Ciub Hause ATTACHMENT: Claver Creek Preserve P:iCamtnuni ervicesi�tila�bacumen451FI��Pishers Clubhouse.mxd Exhibit 2. Breakout of Rent Components Section 3.A. is delineated as follows: Components Timeframe Estimate Cost Time(Yrs) Annual Monthiy 1. Reroofing 25 years $ 17,000.00 20 $ 682.08 $ 56.84 2. HVAC Replacement 20 years $ 20,000.00 15 $ 938.88 $ 78.24 3. Pest Control Contract* annual $ 450.00 0 $ 450.00 $ 37.50 4. Contingency 0 $ 600.00 $ 50.00 Total $ 222,5g *Annual adjustment SHA.STA-TRINITY FLY FISHERS -CLOVER CREEK CLUBHOUSE LAND AND BUILDING A�IVIENDED AND RESTATED LEASE AGREEMENT THIS AMENDED AND RESTATED LEASE AGREEMENT is made and entered inta this �� day af�� 2018, replacing entirely C-5991 and five amendments, by and between the CITY REDDING, a Municipal Corporation and General Law City hereinafter referred to as "Lessor," and the SHASTA-TRINITY FLYFISHERS, a Non-profit corporation, hereinafter referred to as"Lessee;" RECITALS: WHEREAS, Lessor owns Iand compatibie with this activity. The propased partnership is consistent with the paiicies delineated in the City's Parks,Traiis, and Open Space Master Plan; WHEREAS, I,essee cornpleted conscruction of Ciubhause. WHEREAS, Lessor desires ta lease the Ciubhouse to the Lessee and Lessee desires to lease the Clubhouse from the Lessar for the purpase af aperating the Clubhouse in accordance with the terms of this Agreement. The Land and the Clubhouse Improvement constructed thereon are sometimes collectively referred to as the`Premises',Exhibit"1"at 3100 Venus Way.The Lease of the Premises by the I.essee fro�n the Lessor shail be in accordance with the terms and conditions set forth in this Agreement. N(JW,1'I�REFORE, IT IS AGREED by and between the parties hereto as fallaws: AGFtEE��1�iT 1. Term. Lessor, for and in consideratian of the covenants, conditions, and agreements herein set forth to be kept and perfarmed by Lessee, does hereby grant, demise, and lease unto Lessee, subject to all of the conditions, covenants, terms, and agreements hereinafter set forth, that Premises described in E�ibit "1" and Exhibit "2" attached hereto and incorporated herein by reference far a term of twenty-five (25) years commencing on the 26"'of March,2018.Upon mutual agreement and City Council concurrence,the lease may be extended prior to end af term. 2. Clubhouse C?wnership A. Title the premises shall vest,without necessity of formal written transfer of ownership, in Lessor upan the issuance of a Certifieate of Oecupancy. B. Guarantee of Materials, Lessee sha11 guarantee a11 wark perfarmed by or for Lessee in the constructi4n of the Clubhause Impravements against defective workmanship and materials for a period of ten �10} years from the Term Commencement Date (or such longer period as may be specified in the P1ans and Specificatians). Lessee, shall assign � to Lessar (or enforce far Lessor's benefit) any and all guarantees and/or wananties of � workmanshzp and materia�s which it may receive or which are required in the Plans and � Specifications with respect to those portions of the Premises required ta be rnaintained � and repaired by I,essor hereunder within a ten {10} day periad, then Lessor shall be � Clover Creek Preserve Clubhouse Lease—Page 1 �`" deemed to have accepted the Prem3ses in its entirety subject to I,essee's guarantee obligations described above and any repair and maintenance obligatians of Lessee under Section 2(C}below. C. Fixtures,Furnishing and Equipment {FF&E}. FF&E wil2 be purchased by the L.essee. Lessee will be solely responsible far a11 FF&E casts and shali own all equipment it purchases or is given. D. Warranty af Starm Drain Culvert. I.essee shali warranty #he construction, materials, and labar related to the installatian 4f the storm drain cuivert instaiied beneath the new driveway ta the Clubhouse. The culvert instalied was not specified in the approved plans. In the event the culvert fails in any way,the Lessee shali replace it as specified in the appzoved plans at its sole expense. E. If requested by the Lessar, Lessee sha11 provide reasanable storage space within prernises far L,essor to store janitorial s�zpplies and papex goods far public restraom. 3. Rent and Other Charges. A. The rent to be gaid by Lessee to Lessor under this I.ease Agreement shall commence on May 1, 2018 and shall cansist of a building repair and maintenance charge, as described in Exhibit "3" attached hereta and incorporated herein by reference, which is based on the estiinated cast to Lessar to provide the following: (1} Reroo�ng the buiiding every 40 years. (2) Resurfacing the parking lot{20 spaces)every 1S years. (3) Replace�nent af HVAC equipment {14 years). (4) Restriping of parking areas ever�five years. (5) Pest control services. The initial rentai rate is$113.00 per manih.Said rent shall be payable in advance on the �rst day of each and every month during the term of this Lease Agreement. B. The estimated annua�ized cost for items 1,2,3,and 4 af paragraph 3.A. above shall be adjusted every three {3} years, commencing the date of this Agreement, and adjusted 6y the average increase of the United States Suzeau of Labar Statistics National Cansusner Price Index {CPI) for ihe San Francisca/�akland area far the previous three-year period. G. The rental payments for item S of paragraph 3.A. abave shall be adjusted annually, based an bids for wark. D. Rent and ather charges called for in this Lease Agreement shall be payable manthly, in advance. Lessar is entitled ta coilec#from Lessee,and Lessee agrees to pay to Lessor; upon invoic�; any rentais, fees, and charges set forth— herein. Withaut prejudice #o any ather remedy which otherwise might be used for non-payment of rent,fees,and charges,or other breach af this Lease A,greement,if Lessor is required or elects to pay any sum or sums or incurs any obligatians or expense by reason of a fai�ure,negiect, ar refusal of Lessee ta perform any one of rnare of the terms, conditions, and covenants af this Lease Agreement or as the Ciaver Creek Preserve Clubhouse L.ease—Page 2 result af any act or omission of Lessee contrary ta said terxns, conditions, or cavenants, the sum or sums sa paid by Lessor, including all interest, casts, darnages, or penalties, may be added, after thirty (30) days' written notice by Lessar to I.essee, to any installment or rent thereafter due hereunder, and each and every day thereafter the same shall be and become additional rent recoverable by Lessor in the same manner and with like remedies as though it were originally a part of the rent as se#farth hereinabave. 4. Utilities. Lessee shall pay the costs far any utility services that are furnished to it at said Premises, expressiy including, bt�t nat Iimited to, sewer, watez, electricity, natural gas, telephone,cable televisian,buzlding alarm or internet services. S. Taxes. A. L,essee shall pay pro�nptly any t�es assessed against its personal praperty, and any possessory interest t� levied by reason of its oecupancy of the subject Premises and the impravements constructed thereon. B. Lessee covenants and agrees to pay any and all taYes which may be levied and assessed against the leased Premises, in additional to #he rental payments herein provided. Pursuant to Revenue &T�atian Code section 107.6, Lessee is advised that this I.�ase may create a possessory interest subject to taxation. Provided, however, that I.essee shall nat be liable for increases in xeal praperty taxes that resuit fram changes in awnership of the Premises. For the puzposes of the Lease Agreernent, "change in ownership" has the same definition as in California Revenue and Taxation Code sections 60-62, or any amendrnents or successor statutes ta those sections.Lessor sha1l not resist Lessee's chal2enge af nor appeal of property t� assessments gr valuations.Any property taYes payable for the current year shall be prorated as af the date on which this Lease Agreement term commences. 6. Use of Premises. The premises shall be used exclusively by ihe Shasta-Trini#y Fly Fishers, and for sponsored or co-sponsored activities traditionally associated with the Shasta-Trinity Fly Fishers and excegt as hezeinafter set forth. No political and/ar religious activities or uses shall be perrnitted on the leased Premises. Lessee shall be perrnitted fifteen (15) rental events annually to priva�e partzes for events not to exceed one hundred (100) people and end by 11:OQ pzn. In addition, no overnight lodging shall be permitted on the leased Premises withaut permission of Lessor's representative. No activities shall be canducted or carried on wi#hin the demised Premises in violation of any ordinance, law, statute, by law, arder, or rule of any governmental agency having jurisdiction thereover. 7. Hours. Lessee shall not commence use of the Premises prior to 6:00 a.m, and shall canciude activities by 11.Q0 p.1n.Lessee will be pravided with a key to the parking Iock gate.Lessee shall be respansibie for locking gate upon exit after park hours. Claver Creek Preserve Clubhause Lease—Page 3 8, Communit�Service. Lessee sha11 be responsible for conducting si�ty{64}hours annually of free instructian and tours far cammunity groups, inciuding thirty {30) hours in coardinatian with the Recreatian Division. Programs and dates wi11 be determined each March between the Community Services Director and the President af the Shasta-Triniry Fly Fishers. 9. Parkin� On the occasion af a special event at the Clubhouse, LEssee shall reserve at least ten (10) parking spaces for park users. L�ssee is responsibie far ali maintenance, landscape maintenance, and litter abatement within its lease area. 10. Com�liance with Law. L.essee covenants and agrees to camply with ali statutes, laws, oxdinances, regulations, orders, judgments, decrees, directions, ar�d requirements of Lessor, and af all Federal, State, County, and City authorities now in force or which may hereafter be in force applicable to said leased Premises. Exc�pE that Lessee shal2 not be obligated to comply with any that requires alterations, maintenance, ar restoration to the Premises, unless the alterations, maintenance, ar restoration are required as a result of Lessee's particular and specific use of the Premises at#he time. Z�sst�r shall make any aiterations,maintenance,or restoration to the Premises required by sach laws that Lessee is obligated to make. The judgment of any Court 4f competen#jurisdiction ar the admission of Lessee in any action or proceeding against Lessee, whether Lessar be a party thereto or not, that Lessee has violated any such ordinance or statute in the use of the Prernises shall be canclusive of the fact as between i.essor and I.essee and shall subject this I.ease Agreement to irnrnediate termination at the optzon of Lessar. 11. Services to the Publie. Lessee shall make its activities available withouE discrimination as to race, color, creed, religion,sex,age,ar natianal origin,and shall refrain from imposing or levying excessively discriminatary or otherwise unreasonable rules,charges,or fees for any use of its facilities or activities;pravided,however,that Lessee have the privilege to refuse admittance to any person or persons for just cause, but not to discriminate hy virtue of race, color, creed, religion,sex, age,or natianal arigin. 12. Waste; Quzet Conduct. Lessee shall not coxrimit nor suffer to be committed any waste upon sazd Premises,nor any nuisance or ather act or thing which may disturb the quiet enjoyment of any ather accupant or use af Lessor's adjoining Premises. 13. Maintenance. A. By entry hereunder, Lessee accegts the Premises as being in good condition and repair, and shall, upon termination af this Lease Agreement or earlier cancellation thereaf, Ieave said Premises in as good a condition and repair as the same are now, reasonable use and wear thereof excepted. B. Lessee shall maintain at a11 times its building and impravements in a sa:fe, clean, neat, and sanitary condition, and shall coznpiy with all laws, ordinances, and regulations pertaining ta health and safety. Ciover Creek Preserve Clubhouse Lzase—Page 4 C. Lessee shall be responsible for ail interiar and exterior rnaintenance of the pre�nises, excluding the public restroorns, to include janitorial work, painting, window replacement if necessary, all other repairs ta the entire structuxe, finishes and systems, and maintenance by contract ar otherwise for Heating, Ventilation and Air Cond'ztioning {HVAC} equipment. Lessor shall be responsible for all interior maintenance af the public restraoms associated with the Premises, to include janitorial work, gainting and other minor repairs to the interior and all maintenance and repair of fi�tures and fumishings. Z.�ssor shall be responsible for maintenance of exterior doors and associated hardware of the public restrooms. D. Lessee shall maintain any electrical appliances required or desired by Lessee in the use of said Premises. E. Lessee shall maintain baszc landscaping surrounding the Clubhouse as outlined in Exhibit"l" 14. Improvements; AlteraEions. A. Lessee shall not make or permit anyane ta make any alterations, exterior decoratit�ns, additions, or imgrovements, structural or otherwise, in or to the Premises ar the building without the prior written consent of Lessor.When granting its consent, Lessar may impose any conditions it deems appropriate, including, without limitation, payment af prevailing wages, the approval of plans and specifications and obtaining of specified insurance. As a condition precedent to such written consent af Lessor, I,essee agrees to obtain and deliver ta Lessor written and unconditia�al waivers of inechanics' and materiairnen's liens upan the land and building,of which the Premises are a part,for all waxk,labor, and services to be performed and materials to be fi�rnished by them in connection with such work, signed by all cantractars, subcantractars, materialmen, and laborers to be invoived in such wark. If, notwithstanding Ehe foregoing, any mechanics' or materialmen's lien is filed against the Premises, the building, and/or the Iand far which work is claimed to have been done or materials ciaimed ta have been furnished ta Lessee, such lien shall be discharged by I,essee withiu ten {10}days thereafter, at Lessee's sole cost and expense, by the payment thereof or by filing any bond required by law. If Lessee shall fail to discharge any such mechanics' or materialrnen's lien, L.essor may, at its option, discharge the same and treat the cost thereaf as additional rent payable with the rnonthly installment of rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Lessor shall not be deemed to waive or release the default of Lessee in nat discharging the same. It is understood and agreed by Lessar and Lessee that any alterations, exterior decorations, additions, or �nprovements shali be constructed on behalf of Lessee; and that in the event I.�ssor gives its written eansent ta Lessee making any such alterations, exterior decoratians, additians,or imgrovements, such written consent shall not be deemed to be an agreement or eonsent by Lessor to subject Lessar's interest in the Premises, the building, or the land to any rnechanics' ar rnaterialrnen's liens which may be filed in respect to any such work done by or on Clover Creek Preserve Clubhouse L.ease—Page S behalf af I.essee. F3. All alteratians, exteriar decoratiaz�s, additions, or improvernents, including wall-to-wall carpet, upon t�e Preznises {whether with ar without the priar written cansent of Lessor} sha11, at the election of I.essor, remain upon the Premises and become the praperty O� I.eSSQF and be s�rrendered with the Premises at the expiration or termination af this Lease Agreement without disturbance, malestatian, OI IIl�Uiy. Should Lessar elect that aiterations, exterior decor�tions, additions, or improvements made by Lessee upon #he Premises, including telephone or computer cabling, security systems, canduit or wiring, be removed upon expiration ar terminatian of this Lease Agreement, Lessee hereby agrees to cause same to be removed at Lessee's sole cost and expense. Should Lessee fail to remove the same, I.�ssar may cause sarne to be removed at L.essee's expense, and Lessee hereby agrees to reimburse Lessor far the cost of such removal, together with an;y and all damages which I.essar may suffer and sustain by reasan of the failure of Lessee to remove the same. C. Lessee shail indemnify and hold Lessor harmless from and against any and all expenses, Iiens, claims, ar damages to persons or property which arise directly or indirectiy by reason af the making of any such alteratians, exterior decorations, additions, ar improvements. If any such w4rk is done without the prior written consent of I.essor, Lessor may carrect ar remove the same, and Lessee shall be liable for any and alI expenses incurred by Lessar in the performance of this work. Ali alterations, exterior decorations, additians, ar improuements in or to the Premises ar the building made by either party sha11 irnrnediately becarrae the praperty of i,essor, and shai�remain upon and be surrendered with the Prernises as a part thereof at the expiration or termination of the term hereaf withaut disturbance, molestation, or injury; pravided, however, that if I,essee is nat in default in the performance of any of its obligations under this Lease Agreement, Lessee shall have the right to remove, priar ta expiration of the term hereof, all movable �ttiTlitliF�, furnishings, or equipment installed in the Premises at the expense of Lessee. If such property of Lessee is not remaved by Lessee within ten (10) days after termination or earlier cancellation af Ehis Lease Agreement, the same shall become the progerty of I.essor and shall be surrendered with the Premises as a part thereof. 15. Si n�s. L.essee shall be limited ta a maximum of two (2} identification signs, ta be approved by I.essar, which approval will not be unreasanabiy withheld. Qne sign may be placed near the front of the building at a location near the principal entrance of Lessee. A second sign not exceeding fifEeen (15} square feet in area may be placed near the entrance of the parking lot. 16. Pro�erty of I.essee. Fixtures, equipment, and personal property af Lessee shall be removed by Lessee within ten (10) days after termination ar earlier cancellatian of this Lease Agreement; provided, however,that any fixtures which cannot be remaved without damaging said Premises shall became the property of Lessor. Claver Creek Preserve Clubhouse I.ease—Page 6 17. Hold Harmiess• Insurance. A. This Lease Agreement is granted upon the express condition that Lessor, its o�cers, agents, and empioyees, sha�i be free from any and ail iiability, including �nes and penalties, and claims for damages for persona2 injury, death, ax property damage in any way connected with I.essee's use of the Pxemises hereunder leased, including claims af Lessee, its officers, agents, employees, members, or invitees. Except as provided in section 17.B., Lessee shall indemnify and save harmless Lessor, its afficers, agents and employees, froin any and aIl Iiability, loss, cost, or obligation on account of or arising c�ut of any such injury, death, or loss caused by the negligence or other 1ega1 fault af I.�ssee or its officers, agents, employees, members, or invitees. B. L.essee, its afficers, agents, and emp�oyees, shaii be free frozan any and all liability, inctuding fines and penaities,and claims for damages for personal injury, death, or property damage in any way connected with the Public Restrooms, includin,g clairns of I.essar,its officers,agents and employees,fzom any and all liability,loss, cost,or obligation on account c�f or arising out of such injury,death, or loss caused by negligence ar other legal fault of Lessar ar its officers, agents, employees, members,or invitees connected with the Public Restraoms. C. It is speci�cally understood and agreed as a condition of this Lease Agreement that Lessee shall procure and maintain from a comgany anthorized to do business in the State of Califomia, at its sale cast and expense and at all times during the term of this Lease Agreerr�ent, comprehensive general Iiahility insurance in the amount af ()ne Million and 00/100 Doilars {$3,000,000.00} combined single limits. Said insurance shall be in form and content suf€icient and adequate to save Lessor, its afficers,agents,and emplayees,harmless from any and all clairns typically cavered which arise aut af#he use and occapancy of said Premises.A Certificate evidencing such insnrance shali be approved by the Risk Manager and filed with him or her. The policies of insurance shali be endorsed ta name I,essor,its officers, agents,and empiayees, as additional insureds and guaranteeing at least ten (10) days' advance natice to Lessor, in writing,before any cancellation ar reduction of such insurance coverage. Insurance requiremen#s will be reevaluated regularly. D. In addition, I,�ssee sha1� procure and maintain from a company authorized ta do business in the State of California, and i#s sole cost and expense and at all tirnes durzng the term of this Lease Agreement, �re insurance on the existing building, and structures to be erected on tl�e Premises,to the full insurable value thereof,with the City of Redding named as loss payee. Lessee shall furnish to the Risk Manager af Lessor, to be approved by him priar to tfle commencement of the term thereof, a Certificate of insurance showing that this insurance coverage is in effect. The Certi�cate shall guarantee Lessor at least ten {10) days written notice of canceilation or reduction in coverage. In the event af damage to the facility,which is covered by the fire insurance palicy provided by the Lessee, the Lessor will utilize the insurance funds received ta repair ar replace the clubhause. No funds in excess of the insurance proceeds are required. E. It is further understood and agreed as a conditian af this Lease Agreernent that should Lessee hire an employee ar employees, it will pravide workers' Clover Creek Preserve Clubhause I.ease—Page'7 compensation insurance on its employees as required by the Labor code, and shall furnish Lessor with a Certificate evidencing such insurance. Ta abtain an exemptian £rom this requirement Lessee shail have no ernpioyees, Lessee shall prov'rde the Risk Manager of I.essor with a letter stating ihat zt is nat ernplaying any persan or persons in any rr�anner so as to become subject to the workers' compensatian laws of California. Hawever,shauld Lessee Iater beconne subject to the workers' campensation pravisions af the Labar Code,it will forthwith comply with the insurance requirements set forth above. 18. Assignment or Subletting. Lessee shali not assign this Lease AgreernenE or any interest therein, and shall not sublet the Premises or any part thereof,nar any right or priviiege pertinent thereto,nor suffer any other person(th�officers,agents,employees,members and invitees of Lessee excepted)to occupy or use said Premises,ar any portian thereof,withaut the written consent of L.essor first had and obtained. A consent by L,essor to one assignment, subietting, occupancy, ar use by anather party shall not be deemed to be a consent to any subsequent assignment, subletting, occupancy, or use by the same or another party. Any such assignment, subletting, occupancy, ar use without such consent shall be void and shall, at the option of Lessor, terminate this I.ease Agreement, This L�ase Agreement or any interest therein shall not be assignabie as to the interest of Lessee,by operation of law,without the written consent of Lessor. Lessor wil� not unreasanabiy withhold its cansent to a sublease or assignment by Lessee. 19. Inspection and Notice. Insofar as the same may be necessary far the pratection of I,essor's xights, L,essor or its agents shall during normal business hours of Lessee have the right to go upan and inspect the graund area and improvements hereby Ieased and any and every structure ar improvement erected t�r canstructed or in the course of being erected ar constructed, repaired,added to,rebuilt,or restored thereon;and alsa to serve,ar to post and keep posted thereon, or any part thereaf, any notices that may at any time be required or permitted by law. 20. Ri t to Cure. Upon written notice from Lessor to Lessee that Lessee is committing a breach of a term, covenant, or condition of this Lease Agreement, Lessee shall forthwith cure such breach. In the event that L.�ssee has not cured such breach withizz thirty{30)days following the date of rnailing such written notice thereof to I,essee by Lessor, Lessor shall have the right to enter and take over the demised Premises and exciude Lessee therefram. 21. Waiver. No delay or failure by any party to exercise any right,power,or remedy with regard to any breach or defauit by such party under this Lease Agreement, or to insist upon strict performance of any of the provisions hereof, shall impair any right, power, or remedy of such party,and shall not be canstrued ta be a waiver of any breach or default of the same or any other provisian of this Agreement. The waiver by I.essor of any breach or default of any term, covenant, ar conditian herein contained sha11 not be deemed to be a waiver of such term,covenant,or conditian,or any subsequent breach of the same,or any ather terrn, cavenant,or canditian herein contained. Clover Creek Preserve Clubhause I.ease—Page$ 22. Default. If Lessee shali be in arrears in the payment af rent for thirty {3Q) days or mare, or if the transfer ar assig�znent,voluntariiy or invaluntarily,of this Lease Agreement ox any i�terest therein is attempted, except as herein provided,or if L,essee violates ar neglects or fails ta keep,observe, and perform any of the covenants,prornises,or conditians herein contained which are on its part to be kept,observed, and perfarmed, Lessor may, at its election, give Lessee written notice of such default.If such default shall continue for thirty(30)days,and Lessee has failed to commence good faith effarts to cure such default within said period and diligently prasecute the same to campletion, Lessor shall have the right at any time thereafter and while such neglect or default continues to enter inta or upon said Premises, or any part thereof, and repassess the same, inciuding all buildings and improvements thereon, and expei Lessee and those ciaiming under Lessee, and remove their effects, forcibly if necessary,without prejudice ta any remedies which rnzght atherwise be invoke by Lessar. Every covenant,pramise, term oz conditzon set forth in this Lease is deemed by the Parties to be material. 23. Bankruptcy or Insolvency. If Lessee shall be adjudged bankrugt, either by valun#ary or involuntary proceedings, or should be the subject af any proceedings ta stay the enforcement of obligations against it in the form of rearganizatian or otherwise under and pursuant to any existing or future laws of the Congress of the United States, or if Lessee shall discontinue business or fail in business,or abandon or vacate said reai property,or make an assignrnent for the benefit of creditors,or if said reai property shauld come into possession and control of any trustee in bankruptcy,or if any receiver shau�d be appointed in any actzon ar groceeding with pawer ta charge, passession, cantrol, ar care af said property, I.essar shall have the aptian ta farthwith ternainate this Lease Agree�nent, and re-enter the property and take possession thereof. In no event shali this Lease Agreement be deemed an asset af Lessee after adjudicatian in bankruptcy. 24. Cancellation. This Lease Agreement may be cancelled by Lessee at any time upon giving proper written notice six(6}months in advance of s�ch cancellation. 25. Sunender. At the termination of this I.ease Agreement by lapse of #ime or otherwise, I,essee shall surrender possession of the Premises to L,essor; deliver all keys to the Premises and all locks therein to Lessor;make known to Lessor the combination of ail cambinatian lacks in the Premises; and return the Premises and a11 eq�ipment and f�tizres af Lessar therein ta Lessar in broorn-clean condition and in as good a condition as when I.essee ariginally toak possession, ordinary wear and tear excepted, failing which I,essor rnay restore the Premises and such equipment and f�tures to such condition and Lessee shall pay the cost thereof to Lessor on demand. 26. Administratian by I.essor. Whenever Lessee is required ta secure the approval or consent af Lessor under this Lease Agreement,"Lessor"shall mean ihe City Manager of Ehe City of Redding. However,at the option of the City Manager af Lessar, or the Lessee, any such requested approvals ar consents may be referred to the City Cauncil of the City of Redding, whose decisian thereon shall be finaL Claver Creek Preserve Clubhouse Lease—Page 9 27. Entire A�,reernent, This Lease Agreernent sets forth the entire agreement between the parties hereto. Amendments to this Lease Agreement sha11 be considered valid only when mutually agreed upan by #he parties in writing. 28. Invalid Provisions. In the event any covenant, candition, or pravision herein canEained is held invalid by any Court of competent jurisdictian,the invalidity of the same shail in no way affect any other covenant, conditian, or provisian herein cantained,provided that the validity of any such covenant, candition, or provisian does not mater�aliy prejudice either Lessor or Lessee in its respective rights and abligations contained in the valid covenants, conditions, and provisions of this Agreement. 29. Notice. Any natices or dernands that may be given by either party hereunder, including natice of default and natice af termination, shall be deemed to have been fi.�ily and properly given when made in writing, enclosed in a sealed envelope, and deposited in the United States Post Office with postage prepaid, certified mail, addressed as follows: To Lessor c/o Director of Camrnunity Services,777 Cypress Avenue, Redding California 96001; and to Lessee c% President of Ehe Shasta-Trinity Fly Fishers, PO Box 990002, Redding, CA 96099. 30. Attorney's Fees. In case suit ar action is instituted to enforce any of the provisiflns af this L,ease Agreement, the prevailing party therein sha�i be entitied to attorney's fees and other surns as may be adjudged reasonable and necessary at trial and on appeal. 31. Binding on Successors. All terms, covenants, and conditions herein cantained shali extend to and bind the successors and assigns of the respective parties hereto. 32. Time of Essence. Time is of the essence of this Lease Agreement and of each and every provision thereof. 32. CE A. It has been determined that this matter is categaricaily exempt from the provisions of the California Environmentai Qua�ity Act. 33. Authorization. The City Manager or designee is hereby authorized to make any amendments on behalf of the Lessor to this Lease as is necessary Eo effectuate its intent. Clover Creek Preserve Clubhouse Lease—Page 10 IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement in the presence of their respective officers duly authorized in that behalf on the day and year set forth abave. Lessor; Dated: J/��I� �,2pl$ CITY OF REDDING, A Municipai Corporation �— , �,."��.... BARRY Z`IP City Mana er A'I"rEST: APPROVED AS TO FORM: PAMELA IZE, CitY xCrk BARRY E.DEWAI.T City Attorney Lessee. SIIASTA-TRIIVITY FLY FISHERS, a non-prQfit corporation ___._._....�.�► By: ES,TENS ' esi t C2aver Creek Preserve Clubhouse Lease—Page 11 � ► � . � �� .y Y � 1��..,� �4i�xf .�� se' � T �..�'r�° �r �;. '��.�.�m.�.� i., � ,; � ��s�.�-�;�� r�crd � �`�"`�^ � � *`k✓�l' � ie'7Sn '�'Y .'V �"'!�'# T . � � '.. r..f'^' fl .ax ��M1 ��-�„�,+ i r1.1'"'C,.� f 1� ,r. �-.,,�� # � l 41� a�l � 'ay'1_'-` t��. 7 2,_,,.�'.� i �� .{r..-�� .�+.�"�� :� � � ��ya. �" t� ��.v�`'�j.4 f � �Y �`�� . k•+'�," . a�,.� �� ._� ,..,-i� .a� .�,�$,.,t'�•,.�'�- �' { � = l . �r-�„ s=,x t?�' ,y�-c�{� ��'� � ��<y � t� �� `f j �':. � �� _ : � . - . . v . � Al�.s•,:=_-i., �^. .. 4�� . - . . - ' . ' _ . . . . 1 s';., � e^��-.�-- ��,1 ' .. ' I � � .. � r�l ■-. yc ,n-�._z � > ,�� \� _ e:, � �,t ,- m.y� � �! �.�� .:-• ., � -0.�,. � � y �rr±t.��.:;t"� ° # ` �;+ �� -- � 7� &-�r -, f�i :_��• j - �� ,� �; � {. . . _ �� , �, . � �,� M:, ' � ° _ ; �. , _ "._ �.- t,x - - -+ � �t ��ti.�'_'.,,,,,,-�� ' a,;.. �p�.�. , ,. _ . . " . 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'��_�'''� � ��; l~ � ��- a �? � r h � * � 4 4y��! �.µ ��* � � £� ... `-�,' � �:� X'' � �Y+�� . . w„r� �� '� �� "�� `� �i ; •� }� �"'. � . � �, � � ,�, . � : f $-.<,,, '�. � o�� . � ,� , � �`,. � . � �,,� ��," �,,�.;�° ,,,� t, '�-�� - � �'"-�,�,� J:� ,~��, �� M'� �' ,. � � �+� �' �� ' � � � � � r��;,�y�.�� ;�---�--a�. f .r-. ,,,, '''�, � �""y:,k ��'s.'� �--�` `�� _ �,"��.,�:'�'-� _--��, � ��".'�� ,. � ��'��'_t y > > �' �` �,.-s�i`'�� ; F�7 �'`l��'.�'"�` '; � �� . .,� f ' # � �� _ �, � ��I�� a �-*«^�:a e _ , �{�. 4, k` '- -�}� : , - . �'.;� �� . . � -�,� �.� "� ,, ' ��u}�= _� �- 4�.$: _x, � = '��E.� � ��`—'— � e k� '}�—'`-�--°—ai'� �`� 'a ��F'��j``� �X ��- -' �'r � - �` .a c �w. .� �n . �{ l �--i __�-• � � " � �I ��. {k r-r� ��' '� �� ' �4+.+...- , �.� ' 4! j'�� "��r"�"`�d,..r3e...=� �a��,��,��'�� „��h `..�� " '. li _ �,_. � � L � � � - : i�. � � �N �: r ��'' �; " Y��i �:�E � a � k`i� - t , -"`a�" '�g � ��` � �'� r�'w'�`,_GY� ` �,,,, a ifC� 'q ._t-.� � �s y �""4' — � � � _ .:r�+".�� ➢ " s� � C�� '.`�Y.��' � i "_x.,' � _;:�- r.y� - a } �• � h .� },.. ' .. L�qu,.,-,Q ' � , k >"W"�, � . � � t "'i._ .+E� �, ~..�` � �. h(�� Y � � � r ' �r �' y i t� u, � ..ry . n� ��, �_ I ,�. �' ° _.� �'; .i ��...:.:;L, �:; l "a°`i �,_ �"_ -- ( ""'".`�` , � ._..�.._. _. � �,�.� �. � !,f _'� i� . . t �_ �: � � � ''e.'. '�,s.,._ � � � � � . d �� i �� - �.'�rard.d.i��{ ;- a � .r es' �� ' d ~ § d_ � �,- a� ��:e�� -w �_.�".� _,� " '�p h �.}�y J! r a ��'�a t � �.k a _ }� _ _.e �� `E� t-'r ! _ — "`s, $ t7 _ � e:l� i . �i�. '4 ° I�q. � � ,� _�. �.,� ;�,�:s,.'Tl�� .:a:�r • - ' - � � • ,. Exhibit 2. Breakout of Rent Camponents Section 3.A. is delineated as follows: Time Components Timeframe Est. Cost {Yrs) Annual Monthly l. Reroofing 4�0 years $ 9,OOO.QO 40 $ 225.00 $ 18.75 2. Repave Parking I,Qt� 25 years $ 2,288.00 15 $ 152.53 $ 12.71 3. HVAC Replacement* 10 years $ 7,000.00 10 $ 444.2Q $ 37.Q2 4. Restripe Parking Lat S years $ 40Q.00 S $ 80.OQ $ 6,67 S, Pest Cantral Cantract annuai $ 450.Q0 2 $ 450.pp $ 37.50 Total $112.65 C2over Creek Preseroe Ciubhouse L.ease—Page].3 i �� • / '" CITY OF RlED131i+lG � r . ,r "�� ?77 GYPREss AVENUE, REctDiNG, CA 96001 o ,� P.O. BOx 496Q71, REDQING, CR 96049-6071 OFFICE OF THE CITY CLERK PAMELA MIZE,CITY CLERK SARAH SHEETZ,ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX AUgL1St��? 2�� A-O50-OSSAS!C-070-100 Leslie Margan,Assessor-Recorder Shasta Cauniy Assessor's 4ffice 1450 Court Street, Suite 208 A Redding, CA 96001 Dear Ms. Morgan: Enclosed herewith is the following Asset Purchase and Sale Agreement for Possessory Tax purposes: C-5991 Shasta-Trinity F1y Fishers—Clover Creek+Clubhouse Land and Building Amended and Restated Lease Agreement. If you have any questions regarding this matter,please feel free to cantact our office at 225- 4439. Sincerely, e � �,-�� Anette Cates Executive Assistant enclasure �� „�sM%'.y;,� C�r�r o� R�c►a�tv� rr �"�"-�/' ??7 CYPszEss AvErvu�> RE[3DING, CA 96001 l � � ,r! P.O. Box 496d7 i, RE6DING, CA 96049•607 i OFFICE OF THE CITY CLERK PAMELA MIZE,CITY CLERK SARAH SHEETZ,ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX au�st Z�, 2018 Phil Ryan, President Shasta Trinity Fly Fishers, Inc. P.O. Box 99002 Redding, CA 96099 SUBJECT: Shasta-Trinity F1y Fishers — Ciover Creek Clubhause Land and Building Amended and Restated Lease Agreement, C-5991 Dear Mr. Ryan. Enclased is a fully executed original of the above subject Agreement between the City of Redding and Shasta-Trinity-Fly Fishers. If you have any questions regarding this matter, ar if we can be of assistance, please contact the Office of the City Clerk at(530}225-4439. Since�ely, �� Anette Cates Executive Assistant Enclosure c: Kim Niemer/Community Services �� °a�+�� '�'�� ,,� � si'�'� .'�,�'� [ ��,�� , . - . �r�,��t . r : �..'�+ `'w� `_'' � '� "�"r�. =z.� . ,� �� r�� ; � -r a'"'�'�_ '� � .. - , ��.. .� . �a �� ;„ �.✓'�. �� f,ro� rm'`�. re"r.. �' eY � _ „ r y � .,� � ,�. ' . . .. . � ��.,�.;.� �� x `� �� OFFICE OF THE CITY CLERK � �a �sn �� '�` �.r�t,`� . �'� r�. '�! `` ,�� - 777 Cypress Avenue,Retlding,CA 96001 " � ,�.� �4��*��'."�� P.O.Box 496071,Redding,CA 96049-6071 �r� �>� � � 530Z25.4447 FAX 530.225.4463 Pamela Mize,City Clerk Teresa Rudolph,Assistant City Clerk Septelll Ve2'ZS� 2�13 � Shasta-Trinity Fly Fishers Attn: President PO Box 990002 Redding, CA 96099 SUBJECT: Shasta-Trinity Fly Fishers - Clover Creek Clubhouse Land and Building Lease Agreement, C-5991 Dear Ladies and Gentlemen: Enclosed is a fully executed original��;;of the above subject Agreement by and between the City of Redding and the Shasta-Trinity Fly Fishers regarding the Clover Creek Clubhouse Land and Building Lease Agreement. Tlie agreement was approved by the Redding City Council at its reg�,ilar meeting on September 17, 2013. If you have any questions regarding this matter,or if we can be of assistance,please contact the Office of the City Clerk at(530)225-4439. Sincerely, Pamela Mize City Clerk � By:�� Mar J t well Exe u ve Assistant I Enclosures c: Kim Niemer/Sarah Sheetz-Community Services Department : Shasta County Assessor's Office �� ; ' SHASTA-TRINITY FLY FISHERS —CLOVER CREEK CLUBHOUSE .. . LAND AND BUILDING LEASE AGREEMENT -_ . �- --� -. — - ,=, .... _ - --� -- . THIS LEASE AGREEMENT is made and entered into this � day ofc�� cr, 2013, by and between the CITY OF REDDING, a Municipal Corporation and General a—�, hereinafter referred to as "Lessor," and the SHASTA-TRINITY FLY FISHERS, a Non-profit corporation, hereinafter referred to as "Lessee;" RECITALS: WHEREAS, Lessee desires to develop and operate the Shasta-Trinity Fly Fishers—Clover Creek Clubhouse (the `Clubhouse') on certain real property (the `Land') owned by the City. Location plan for the Club are attached and incorporated herein as Exhibit 1; WHEREAS, Lessor owns land compatible with this activity. The proposed partnership is consistent with the policies delineated in the City's Parks, Trails, and Open Space Master Plan; WHEREAS, Lessee intends to construct the Clubhouse in general conformance with the Preliminary Drawings, attached and incorporated herein as Exhibit 2; WHEREAS, Lessee intends to donate the completed Clubhouse to the Lessor upon completion of construction. WHEREAS, Lessor desires to lease the completed Clubhouse to the Lessee and Lessee desires to lease the completed Clubhouse from the Lessor for the purpose of operating the Clubhouse in accordance with the terms of this Agreement. The Land and the Clubhouse Improvement to be hereafter constructed thereon are sometimes collectively referred to as the `Premises.' The Lease of the Premises by the Lessee from the Lessor shall be in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: AGREEMENT 1. Term. Lessor, for and in cons'ideration of the covenants, conditions, and agreements herein set forth to be kept and performed by Lessee, does hereby grant, demise, and lease unto Lessee, subject to all of the conditions, covenants, terms, and agreements hereinafter set forth, that Premises described in Exhibit "1" and Exhibit "2" attached hereto and incorporated herein by reference for a term of twenty-five (25) years:commencing on the date of issuance of the Certificate of Occupancy for the Clubhouse. Upon mutual agreement and City Council concurrence, the lease may be extended prior to end of term. \.' � U1 �^ Clover Creek Preserve Clubhouse Lease-Page 1 � ' l0�'�'�� -/ � -l3 � , � . 2. Lessee's Development of the Clubhouse �- A. Lessee's Construction Obligations:--Subject-to-�approval of a bid by the Lessee, the Clubhouse Improvements shall be constructed by Lessee, as set,forth in the Preliminary Drawings described in Exhibit 2, promptly and with due diligence. The construction �project will be subject to the payment of prevailing wages. The parties specifically understand and agree that the Lessor has no financial commitment to the Project. The quality of construction and the quality of materials used in the construction of the Clubhouse Improvements shall be in accordance with the project plans and specifications. The Clubhouse design includes two exterior-facing public restrooms that will be constructed by the Lessor and at the Lessor's sole expense. Lessee shall prosecute Lessee's construction obligations hereunder to completion without undue interruption or delay and in a good, workmanlike manner. In connection with its construction obligations hereunder, Lessee shall comply with any and all applicable federal, state and local laws, rules and regulations. Lessee warrants that it will endeavor to cause the Clubhouse Improvements to be completed and possession of the Premises delivered to Lessor on or before December 31, 2015. Title the premises shall vest,without necessity of formal written transfer of ownership,in Lessor upon the issuance of a Certificate of Occupancy. Upon failure to diligently pursue construction to completion,City may, in its sole discretion,elect to accept title and ownership of any partially constructed improvements, or require that Lessee remove the same and return the premises to its pre-construction condition within sixty(60) calendar days of written notice by Lessor. In the event Lessee does not remove all partially constructed improvement, Lessor may remove the same and charge all such costs of removal to Lessee. Iri the event the Clubhouse Improvements are not completed and possession of the Premises is not delivered to Lessor, Lessee shall have no obligation to pay any rent or other payments or perform any other obligations under this Agreement until the Term Commencement Date. Lessee shall have no liability to Lessor for failure to complete the Clubhouse Improvements and deliver possession of the Premises on or before the date hereinbefore described. Lessor shall,however,have the option to terminate this Agreement, without further obligation or liability hereunder, in the event Lessee is unable to complete Clubhouse Improvements and deliver possession of the Premises to Lessor on or before December 31, 2015. B. Guarantee of Materials. Lessee shall guarantee all work performed by or for Lessee in the construction of the Clubhouse Improvements against defective workmanship and materials for a period of ten(10) years from the Tertn Commencement Date (or such longer period as may be specified in the Plans and Specifications). Lessee, shall assign to Lessor(or enforce for Lessor's benefit) any and all guarantees and/or warranties of workmanship and materials which it may receive or which are required in the Plans and Specifications with respect to those portions of the Premises required to maintained and repaired by Lessor hereunder. Within ten(10) days after receipt of Lessee's certification of substantial completion of the Premises, L-essor shall supply to Lessee a written punch list(the `Punch List') setting forth any additional corrective work to the Premises which Landlord believes is required to be performed pursuant to the Plans and Specifications. In the event that no Punch List is provided by Lessor . Clover Creek Preserve Clubhouse Lease-Page 2 � within such ten(10) day period, then Lessor shall be deemed to have accepted the .-�- Premises in its entirety subject to Lessee's guarantee_obligations described above and �_ _ -. `- =`ariy repair and maintenance obligations of`Lessor under'Section 2 (C)below. - � C. Fixtures, Furnishing and Equipment(FF&E). FF&E will be purchased by the Lessee. Lessee will be solely responsible for all FF&E costs and shall own all equipment it purchases or is given. D. Termination and/or Partial Construction if Financing Unavailable. Notwithstanding any other provision of this Lease, if Lessee is in good faith unable to secure adequate construction financing to enable it to award a construction contract, based upon bid prices received by it, Lessee may terminate this Lease without liability of any kind to the Lessee by giving Landlord written notice. Further at Lessee's option, Lessee may, without liability of any kind to Lessor, scale back the scope of the project with prior approval from the Lessor via deductive change orders to be able to build a project that is within budget. Changes per deductive change orders must be approved by Lessor. 3. Rent and Other Charges. A. The rent to be paid by Lessee to Lessor under this Lease Agreement shall commence upon the issuance of a Certificate of Occupancy, and shall consist of a building repair and maintenance charge, as described in Exhibit"3"attached hereto and incorporated herein by reference, which is based on the estimated cost to Lessor to provide the following: (1) Reroofing the building every 40 years. (2) Resurfacing the parking lot(20 spaces) every 15 years. (3) Maintenance by contract or otherwise for Heating, Ventilation and Air Conditioning(HVAC) equipment. (4) Replacement of HVAC equipment (10 years). (5) Miscellaneous repairs, such as roof leaks or plumbing. (6) Restriping of parking areas every five years. (7) Pest control services. The initial rental rate is$310.00 per month. Said rent shall be payable in advance on the first day of each and every month during the term of this Lease Agreement. B. The estimated annualized cost for items 1, 2,4, and 6 of paragraph 3.A. above shall be adjusted every three (3) years, commencing the date of this Agreement, and adjusted by the average increase of the United States Bureau of Labor Statistics National Corisumer Price Index (CPI) for the San Francisco/Oakland area for the previous three-year period. C. The rental payrnents for items 3, 5 and 7 of paragraph 3.A. above shall be adjusted annually,based on bids for work. Clover Creek Preserve Clubhouse Lease-Page 3 , D. Rent and other charges called for in this Lease Agreement shall be payable _ _ monthly,in advance. Lessor is_entitled to collect from Lessee, and Lessee agrees to_ ... .-_. - pay to Lessor,- upon--invoice;�-any rentals, fees, and charges set forth�:herem :.x,.. -�- Without prejudice to any other remedy which otherwise might be used for non-payment of rent, fees,and charges, or other breach of this Lease Agreement, if Lessor is required or elects to pay any sum or sums or incurs any obligations or expense by reason of a failure, neglect, or refusal of Lessee to perform any one of more of the terms, conditions, and covenants of this Lease Agreement or as the result of any act or omission of Lessee contrary to said terms, conditions, or covenants, the sum or sums so paid by Lessor, including all interest, costs, damages, or penalties, may be added, after thirty (30) days' written notice by Lessor to Lessee,to any installment or rent thereafter due hereunder, and each and every day thereafter the same shall be and become additional rent recoverable by Lessor in the same manner and with like remedies as though it were originally a part of the rent as set forth hereinabove. 4. Utilities. Lessee shall pay the costs for any utility services that are furnished to it at said Premises and area immediately surrounding, expressly including, but not limited to, sewer, water, electricity, natural gas, telephone, cable television,building alarm or internet services. 5. Taxes. A. Lessee shall pay promptly any taxes assessed against its personal property, and any possessory interest tax levied by reason of its occupancy of the subject Premises . and the improvements constructed thereon. B. Lessee covenants and agrees to pay any and all taxes which may be levied and assessed against the leased Premises, in additional to the rental payments herein provided. Pursuant to Revenue &Taxation Code section 107.6, Lessee is advised that his Lease may create a possessory interest subject to taxation. Provided, however, that Lessee shall not be liable for increases in real property taxes that result from changes in ownership of the Premises. For the purposes of the Lease Agreement, "change in ownership" has the same definition as in California Revenue and Taxation Code sections 60-62, or any amendments or successor statutes to those sections. Lessor sha11 not resist Lessee's challenge of nor appeal of property tax assessments or valuations. Any property taxes payable for the current year shall be prorated as of the date on which this Lease Agreement term commences. 6. Use�of Premises. The premises shall be used by the Shasta-Trinity Fly Fishers, and activities traditionally associated with the Shasta-Trinity�Fly Fishers and except as hereinafter set forth, for no other purpose. No political and/or religious activities or uses shall be permitted on the _leased Premises. Lessor shall not rent out the Clubhouse to third parties. In addition, no overnight lodging shall be permitted on the leased Premises without permission of Lessor's representative. Clover Creek Preserve Clubhouse Lease-Page 4 � . No activities shall be conducted or carried on within the demised Premises in violation of ' any ordinance, law, statute, by law, order, or rule of any governmental agency having =•---=jurisdiction�-thereover. - -- - - - _-�-. 7. Hours. Lessee shall not commence use of the Premises prior to 6:00 a.m. and shall conclude activities by 11:00 p.m. Lessee will be provided with a key to the parking lock gate. Lessee shall be responsible for locking gate upon exit after park hours. 8. Communitv Service Lessee shall be responsible for conducting sixry(60)hours annually of free instruction and tours for community groups, including thirty(30) hours in coordination with the Recreation Division. Programs and dates will be determined each March between the Community Services Director and the President of the Shasta-Trinity Fly Fishers. 9. Parkin Notwithstanding anything to the contrary, Lessee may be required to construct additional paved parking on site as a requirement of the Site Development Permit. On the occasion of a special event at the Clubhouse, L;essee shall reserve at least ten(10)parking spaces for park users. Lessee is responsible for all maintenance, landscape maintenance, and litter abatement within its lease area. 10. Compliance with Law. Lessee covenants and agrees to comply with all statutes, laws, ordinances, regulations, orders, judgments, decrees, directions, and requirements of Lessor, and of all Federal, State, County, and City authorities now in force or which may hereafter be in force applicable to said leased Premises. Except that Lessee shall not be obligated to comply with any that requires alterations, maintenance, or restoration to the Premises, unless the alterations, maintenance, or restoration are required as a result of Lessee's particular and specific use of the Premises at the time. Lessor shall make any alterations,maintenance, or restoration to the Premises required by such laws that Lessee is obligated to make. The judgment of any Court of competent jurisdiction or the admission of Lessee in any action or proceeding against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any such ordinance or statute in the use of the Premises shall be conclusive of the fact as between Lessor and Lessee and shallasubject this Lease Agreement to immediate termination at the option of Lessor. ll. Services to the Public Lessee shall make its activities available to area residents without discrimination as to race, color, creed, religion, sex, age, or national origin, and shall refrain from imposing or levying excessively discriminatory or otherwise unreasonable rules, charges, or fees far any use of its facilities or activities; provided, however, that Lessee have the privilege to refuse admittance to any person or persons for just cause, but not to discriminate by virtue ' of race, color, creed, religion, sex, age, or national origin. 12. Waste; Quiet Conduct. Lessee shall not commit nor suffer to be.committed any waste upon said Premises,nor any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant or use of Lessor's adjoining Premises. . Clover Creek Preserve Clubhouse Lease-Page 5 13. Maintenance. " � � : -- - - � A. By entry hereunder, Lessee acceptsWthe'`Premises as being in good condition"and F° ` � " repair, and shall, upon termination of this Lease Agreement or earlier cancellation thereof, leave said Premises in as good a condition and repair as the same are now, reasonable use and wear thereof excepted. B. Lessee shall at all times keep its building and improvements in a safe, clean, neat, and sanitary condition, and shall comply with all laws, ordinances, and regulations pertaining to health and safety. C. Lessee shall be responsible for all interior maintenance of the Premises, excluding the public restrooms, to include janitorial work, painting, window replacement if and when necessary, other minor repairs to the interior, and all maintenance and repair of Lessee's own fixtures and furnishings. Lessor shall be responsible for all interior maintenance of the public restrooms associated with the Premises, to include janitorial work, painting and other minor repairs to the interior and all maintenance and repair of fixtures and furnishings. Lessor shall be responsible for maintenance of exterior doors and associated hardware of the public restrooms. D. Lessee shall maintain any electrical appliances required or desired by Lessee in the use of said Premises. E. Lessee shall maintain basic landscaping surrounding the Clubhouse. 14. Improvements; Alterations. A. Lessee shall not make or permit anyone to make any alterations, exterior decorations, additions, or improvements, structural or otherwise, in or to the Premises or the building without the prior written consent of Lessor.When granting its consent, Lessor may impose any conditions it deems appropriate, including, without limitation, payment of prevailing wages, the approval of plans and specifications and obtaining of specified insurance. As a condition precedent to such written consent of Lessor, Lessee agrees to obtain and deliver to Lessor written and unconditional waivers of inechanics' and materialmen's liens upon the land and building, of which the Premises are a part, for all work, labor, and services to be performed and materials to be furnished by them in connection with such work, signed by all contractors, subcontractors, materialmen, and laborers to be involved in such work. If, notwithstanding the foregoing, any mechanics' or materialmen's lien is filed against the Premises, the building, and/or the land for which work is claimed to have been done or materials claimed to have been furnished to Lessee, such lien shall be discharged by Lessee within ten (10) days thereafter, at Lessee's sole cost . and expense, by the payinent thereof or by filing any bond required by law. If Lessee shall fail to discharge any such mechanics' or materialmen's lien, Lessor may, at its option, discharge the same and treat the cost thereof as additional rent payable with the monthly installment of rent next becoming due; it being hereby Clover Creek Preserve Clubhouse Lease-Page 6 expressly covenanted and agreed that such discharge by Lessor shall not be deemed to wai�e.ror.release the default of Lessee in not discharging the'same.= It is understood and agreed by.Lessor and Lessee that any alterations, exterior decorations, additions, or improvements shall be constructed on behalf of Lessee; and that in the event Lessor gives its written consent to Lessee making any such alterations, exterior decorations, additions, or improvements, such written consent shall not be deemed to be an agreement or consent by Lessor to subject Lessor's interest in the Premises, the building, or the land to any mechanics' or materialmen's liens which may be filed in respect to any such work done by or on behalf of Lessee. B. All alterations, exterior decorations, additions, or improvements, upon the Premises (whether with or without the prior written consent of Lessor) shall, at the election of Lessor, remain upon the Premises and become the property of Lessor and be surrendered with the Premises at the expiration or termination of this Lease Agreement without disturbance, molestation, or injury. Should Lessor elect that alterations, exterior decorations, additions, or improvements made by Lessee upon the Premises,including telephone or computer cabling, security systems, conduit or wiring, be removed upon expiration or termination of this Lease Agreement, Lessee hereby agrees to cause same to be removed at Lessee's sole cost and expense. Should�Lessee fail to remove the same, Lessor may cause same to be removed at Lessee's expense, and Lessee hereby agrees to reimburse Lessor for the cost of such removal, together with any and all damages which Lessor may suffer and sustain by reason of the failure of Lessee to remove the same. C. Lessee shall indemnify and hold Lessor harmless from and against any and all expenses, liens, claims, or damages to persons or property which arise directly or indirectly by reason of the making of any such alterations, exterior decorations, additions, or improvements. If any such work is done without the prior written consent of Lessor, Lessor may correct or remove the same, and Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work. All alterations, exterior decorations, additions, or improvements in or to the Premises or the building made by either party shall immediately become the property of Lessor, and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or terniination of the term hereof without disturbance, molestation, or injury; provided, however, that if Lessee is not in default in the performance of any of its obligations under this Lease Agreement, Lessee shall have the right to remove, prior to expiration of the term hereof, all movable furniture, furnishings, or equipment installed in the Premises at the expense of Lessee. If such property of Lessee is not removed by Lessee prior to the expiration or termination of this Lease Agreement, the same shall become the property of Lessor and shall be surrendered with the Premises as a part thereof. - 15. Si ls. Lessee shall be limited to a maximum of two (2)identification signs,to be approved by Lessor, which approval will not be unreasonably withheld. One sign may be placed on Clover Creek Preserve Clubhouse Lease-Page 7 . the front of the building at a location near the principal entrance of Lessee. A second - -- = sign not exceeding fifteen (LS) square-feet in area may be placed near the entrance of ; _ - � - . �� - .- : the parking lot. -. .' • - -= 16. Propertv of Lessee. � � Fixtures, equipment, and personal property of Lessee shall be removed by Lessee within thirty (30) days after termination or earlier cancellation of this Lease Agreement; provided, however, that any fixtures which cannot be removed without damaging said Premises shall become the property of Lessor. 17. Hold Harmless; Insurance. A. This Lease Agreement is granted upon the express condition that Lessor, its officers, agerits, and. employees, shall be free from any and all liability, including fines and penalties, and claims for damages for personal injury, death, or property damage in any way connected with Lessee's use of the Premises hereunder leased,including claims of Lessee, its officers, agents, employees, members, or invitees. Except as provided in Section 17.B.,Lessee shall indemnify and save harmless Lessor,its officers, agents and employees, from any and all liability, loss, cost, or obligation on account of or arising out of any such injury, death, or loss caused by the negligence or other legal fault of Lessee or its officers, agents, employees, members, or invitees. B. Lessee, its officers, agents, and employees, shall be free from any and all liability, including fines and penalties, and claims for damages for personal injury, death, or property damage in any way connected with the Public Restrooms, including claims of Lessor, its officers, agents, employees, members, or invitees. Lessor shall indemnify and save harmless Lessee,its officers, agents and employees, from any and all liability, loss, cost, or obligation on account of or arising out of any such injury, death, or loss caused by the negligence or other legal fault of Lessor or its officers, agents, employees,members, or invitees connected with the Public Restrooms. C. It is specifically understood and agreed as a condition of this Lease Agreement that Lessee shall procure and maintain from a company authorized to do business in the State of California, at its sole cost and expense and at all times during the term of this Lease Agreement, comprehensive general liability insurance in the amount of One million dollars($1,000,000.00) combined single limits. Said insurance shall be in form and content sufficient and adequate to save Lessor,its officers, agents, and employees, harmless from any and all claims typically covered which arise out of the use and occupancy of said Premises. A Certificate evidencing such insurance shall be approved by the Risk Manager and filed with him or her. The policies of insurance shall be endorsed to name Lessor, its officers, agents, and employees, as additional insureds and guaranteeing at least ten(10)days' advance notice to Lessor,in writing,before any cancellation or reduction of such insurance coverage insurance requirements will be reevaluated every year. . D. In addition, Lessee shall procure and maintain from a company authorized to do business in the State of California, and its sole cost and expense and at all times during the term of this Lease Agreement, fire insurance on the existing building,and structures to be erected on the Premises, to the full insurable value thereof, with the City of Clover Creek Preserve Clubhouse Lease-Page 8 Redding named as loss payee. Lessee shall furnish to the Risk Manager of Lessor, to be approved by-him prior to the commencement of the term thereof, a Certificate of . insurance�`sliowing=tliat' this insurance coverage is in effect�'-`'The�Cerfificate�shall guarantee Lessor at-least ten (10) days written notice of cancellation or reduction in coverage. E. It is further understood and agreed as a condition of this Lease Agreement that should Lessee hire an employee or employees, it will provide workers' compensation insurance on its employees as required by the Labor code, and shall furnish Lessor with a Certificate evidencing such insurance. To obtain an exemption from this requirement should Lessee have no employees, Lessor shall provide the Risk Manager of Lessor with a letter stating that it is not employing any person or persons in any manner so as to become subject to the workers' compensation laws of California; provided, however, that should Lessee later become subject to the workers' compensation provisions of the Labor Code, it will forthwith comply with the insurance requirements set forth above. 18. AssiQnment or Subletting. Lessee shall not assign this Lease Agreement or any interest therein, and shall not sublet the Premises or any part thereof, nor any right or privilege pertinent thereto,nor suffer any • other person(the officers, agents, employees,members and invitees of Lessee excepted)to occupy or use said Premises, or any portion thereof, without the written consent of Lessor first had and obtained. A consent by Lessor to one assignment, subletting, occupancy, or use by another party shall not be deemed to be a consent to any subsequent assignment, subletting, occupancy, or use by the same or another party. Any such assignment, subletting, occupancy,or use without such consent shall be void and shall, at the option of Lessar, terminate this Lease Agreement. This Lease Agreement or any interest therein shall not be assignable as to the interest of Lessee,by operation of law, without the written consent of Lessor. Lessor will not unreasonably withhold its consent to a sublease or assignment by Lessee. 19. Inspection and Notice. Insofar as the same may be necessary for the protection of Lessor's rights, Lessor or its agents shall during normal business hours of Lessee have the right to go upon and inspect the ground area and improvements hereby leased and any and every structure or improvement erected or constructed or in the course of being erected or constructed, repaired, added to,rebuilt, or restored thereon; and also to serve,or to post and keep posted thereon, or any part thereof, any notices that may at any time be required or permitted by law. 20. Ri�ht to Cure Upon written notice from Lessor to Lessee that Lessee is committing a breach of a term, covenant, ar condition of this Lease Agreement, Lessee shall forthwith cure such breach. In the event that Lessee has not cured such breach within thirty(30)days following the date of mailing such written notice thereof to Lessee by Lessor, Lessor shall have the right to enter and take over the demised Premises and exclude Lessee therefrom. Clover Creek Preserve Clubhouse Lease-Page 9 21. Waiver. - -No delay or failure by any party to exercise any righf,power, or remedy with regard to any ^ � � '-breacli� or default by such party under this-�L';ease`Agreement; or to insist upon strict performance of any of the provisions hereof, shall impair any right, power, or remedy of such party, and shall not be construed to be a waiver of any breach or default of the same or any other provision of this Agreement. The waiver by Lessor of any breach or default of any term, covenant, ar condition herein contained shall not be deemed to be a waiver of such term, covenant, or conditiori,or any subsequent breach of the same,or any other term, covenant, or condition herein contained. 22. Default. If Lessee shall be in arrears in the payment of rent for thirty (30) days or more, or if the transfer or assignment,voluntarily or involuntarily,of this Lease Agreement or any interest therein is attempted, except as herein provided, or if Lessee violates or neglects or fails to keep, observe, and perform any of.the covenants,promises, or conditions herein contained which are on its part to be kept, observed, and performed, Lessor may, at its election, give Lessee written notice of such default. If such default shall continue for thirty(30)days, and Lessee has failed to commence good faith efforts to cure such default within said period and diligently prosecute the same to completion, Lessor shall have the right at any time thereafter and while such neglect or default continues to enter into or upon said Premises, or any part thereof, and repossess the same, including all buildings and improvements thereon, and expel Lessee and those claiming under Lessee, and remove their effects, forcibly if necessary, without prejudice to any remedies which might otherwise be invoke by Lessor. Every covenant, promise, term or condition set forth in this Lease is deemed by the Parties to be materiaL 23. Bankruptcy or InsolvencX. If Lessee shall be adjudged bankrupt, either by voluntary or involuntary proceedings, or should be the subject of any proceedings to stay the enforcement of obligations against it in the form of rearganization or otherwise under and pursuant to any existing or future laws of the Congress of the United States, or if Lessee shall discontinue business or fail in business, or abandon or vacate said real property, or make an assignment for the benefit of creditors, or if said real property should come into possession and control of any trustee in bankruptcy, or if any receiver should be appointed in any action or proceeding with power to charge, possession, control, or care of said property, Lessor shall have the option to forthwith terminate this Lease Agreement, and re-enter the property and take possession thereof. In no event shall this Lease Agreement be deemed an asset of Lessee after adjudication in bankruptcy. 24. Cancellation. This Lease Agreement may be cancelled by Lessee at any time upon giving proper written notice twelve(12) months in advance of such cancellation. 25. Surrender. - At the termination of this Lease Agreement by lapse of time or otherwise, Lessee shall surrender possession of the Premises to Lessor; deliver all keys to the Premises and all locks therein to Lessor;make known to Lessor the combination of all combination locks in the Premises; and return the Premises and all equipment and fixtures of Lessor therein to Clover Creek Preserve Clubhouse Lease-Page 10 Lessor in broom-clean condition and in as good a condition as when Lessee originally took possession, ordinary� wear°.and tear excepted, failing which Lessor may resto're :t1ie- ` � Premises and such equipmerit arid�fixtures to such condition and Lessee shall pay the cost'� thereof to Lessor on demand. 26. Administration by Lessor. Whenever Lessee is required to secure the approval or consent of Lessor under this Lease Agreement, "Lessor" shall mean the City Manager or his/her designee of the City of Redding. However, at the option of the City Manager of Lessor, or the Lessee, any such requested approvals or consents may be referred to the City Council of the City of Redding, whose decision thereon shall be final. 27. Entire Apreement. This Lease Agreement sets forth the entire agreement between the parties hereto. Modifications or additions to this Lease Agreement shall be considered valid only when mutually agreed upon by the parties in writing. 28. Invalid Provisions. In the event any covenant, condition, or provision herein contained is held invalid by any Court of competent jurisdiction, the invalidity of the same shall in no way affect any other covenant, condition, or provision herein contained, provided that the validity of any such covenant, condition, or provision does not materially prejudice either Lessor or Lessee in its respective rights and obligations contained in the valid covenants, conditions, and provisions of this Agreement. 28. Notice. Any notices or demands that may be given by either party hereunder, including notice of default and notice of termination, shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope, and deposited in the United States Post Office with postage prepaid, certified mail, addressed as follows: To Lessor c/o Director of Community Services, 777 Cypress Avenue, Redding California 96001; and to Lessee c/o President of the Shasta-Trinty Fly Fishers, PO Box 990002, Redding, CA 96099 ` � 29. Attornev's Fees. In case suit or action is instituted to enforce any of the provisions of this Lease Agreement, the prevailing party therein shall be entitled to attorney's fees and other sums as may be adjudged reasonable and necessary at trial and on appeal. 30. Bindin�on Successors. All terms, covenants, and conditions herein contained shall extend to and bind the successors and assigns of the respective parties hereto. 31. Time of Essence. - Time is of the essence of this Lease Agreement and of each and every provision thereof. 32. CEOA• It has been determined that this matter is categorically exempt from the provisions of the Clover Creek Preserve Clubhouse Lease-Page 11 California Environmental Quality Act. 33.`-:Authorization. � - - -` �The City Manager is hereby authorized to make any amendments to this Lease as is necessary to effectuate its intent. .. • . ' ' . Clover Creek Preserve Clubhouse Lease-Page 12 � �_ IN WITNESS WHEREOF, the parties hereto have_executed this Lease Agreement in:the= -. -- � ._ _ . --' presence of their respective officerS�duly authorized in that behalf on the day and year set`forth �--""-� above. - - - Lessor: Dated: , 2013 CITY OF REDDING, A Municipal Corporation �.�� ,��% RICK BOSETTI Mayor :`5 �e+�. ; �,—' ATTE�T:,"•��:�.;� t APPROVED AS TO FORM: . a� ;� ��;...�, , `^�:' c_. ` ;,�J '��' �� ;.�:�� PAMEIL- �, IZE,-Gity�Cle�=k RICHARD.A. DUVERNAY � : ; . 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F � i,yy �� m= �3��s �-�qk ,� Z � nm fn ��§�g O ' N � � �� F _K� f � � � Z �r g� �� SHASTA TRI N ITY FLY F(SH ERS 3 °r# � � 6"„ ' �gm g ��3i; ° � w � '�� g� �"m �� CLOVER CREEK PRESERVE ��`��.,}� w �r€ �a g$ p �� ; m 5 REDDING,CALIFORNIA �� >C��! I,!� �i 2 - f�a 5 -e� 3/3 Exhibit 3 •--Breakout�Of>Renf•�Components � — .- -- _- -�--- _ Components Timeframe Est.Cost Time(Yrs Annual Monthly 1. Reroofing 40 years $ 9,000.00 40 $225 $18.75 2. Repave Parking Lot'` 15 years $ 2,288.00 15 $ 152.53 $ 12.71 3.. HVAC Maintenance annual $ 1,500.00 1 $ 1,500.00 $125.00 4.. HVAC Replacement"` 10 years $ 7,000.00 10 $ 444.20 $ 37.02 5. Miscellaneous Repairs annual $ 1,000.00 1 $ 1,000.00 $ 83.33 6. Restripe Parking Lot 5 years $ 400.00 5 $ 80.00 $ 6.67 7.Termites/Pest Control Service annual $ 300.00 1 $ 300.00 $ 25.00 Total $308.48 �'�� 4M1" � �� l � ,� � � ��'3`Y C�� F��f�C31�J� w � g�� 777 CYw�a��s Aw�r�v�, R��aor�r�, CA 96t�t]� � � ,fl �'.�. ��ax t#�6:Q7 i, R�D[>IY��; �.� �ki+�49-�tt�7 i FF�C�� `1'F��CI �L,E�K �'ANlE1AMIZE,CiT7'GLE�f� TERESA RtJC}t��.PH,:AS5ISTA�BT CI�f"`CLERff �3C7.�2�.4t147 s�ca.��.��-� ,��ri� ��, �{�I� �h�s�a�`�ri�ify �'�y Fi�h�;rs .� . P�°�s��nf P.�. I3�a� �'��}�}(�� R��ing, �A ��}9� �UB.��"I': �'irst ��dment�� la�acr�r�� ub�ause L, d��ad�u�ld�z��Le�s�A�ree er�t, �-�� D��r I.,�d��s �l �'r�n�� er�. �n��a�� i� � �u�l� ��u��d t��i�i�� +�� he �b�v� sub�� dme�� c� r�.�r�� by � b��e�a t�e �ity a�f R�d�ir�g a��l �� st�-T�z�ity ��y �z�h�rs r�,�ard��rg t�a� �'l+�v�� C��k �G�u�ho�us� L,�nd�n� �url��ng L�as� A�-�e�ent. 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I� t�� v�n�th� ��blac�us� � �r�-t��a�� r� �a��c�r�.�a��t��i �n�l�acrs��s�� af th�Fre �ses ��d�ir�e�� ssar9 Less�e s��l� ��e�� ig�ti�n t�a p��a�ay r�rat��ath�r�ay��ts �r ;��rfc� �� es�k�er e�bl�g�tr�►�s ��der tFa�s �.�r�� n� u�tit th� '�,� �� nc��r�t a��. ��se� s��i� �i�ve r��a �iabi�ity �ta L�ssc��f�ar i�i�t�re �� a��apl�t� �h� ��.b��,�s� Iaz�prt��ts anc� d�Iiver�c��s�ssia�n t��th�P'r�rn��e� �� sr b��a�r� t�e �at� �t�r�inbefc�re c�es�ril��. L��s�r sha�T,h€�v��r�r, hav� th� � t�or� t�a t�zrrii��t� �his A��, �i�ha��t �fih�r �a�ligati�� c�r 1z�bzli�y �ereu�d r�, ��- � _ 1 _ `� '� �crs�A��rr►�nt tc� L�as��r��ae��-�� ..a , th� �ve�t I�.ss�� i�u�a��l� �� et��nplet� �l�bhr�ase I pre�v��en�� az�� li��r p��ss�can�f�� r�r��ses�c� I�ssc�r�n�ar��ft�� c� b�r�l, �t��E: S��i�� at� t �r � �� s �s � er�d�d i�a i�s ��ti�ety ti� ��d: �. '�� er�� tc� �e paid b� ss�e t� L�ss�r �nd�r �k�is I�ase �''�� c n�ist t��a ��m�n��c� ��n t�e a�s� �� f � ��r�i��c�.t� ��C��c�xpar�cyq a�d ��il�i�� r��air d �ir�.te��n�� ck�ar�e; as �i�scx�b�� r� �x�i��t �`�� a�t�cl��d ��.r��c� ��d i��ar�c�r�� i� by r�f�r�� vah�cl� is b�set� +�n tl�� es��ted cc�st t��sor tc� �arcavzde ��t��ea��vir��: �� L��ac��in�the 1a�i��in��e�y �Q ye�rs: �� r��in�t�e��c�t��t� ��aces� �v�zy 1� �e�rs. �� p��e�ne�t c��'V�� eq��pr�a��t (�0 g��ars); �q.� R�s��pi�g�f p�r�i��area� e�re�y fi�re �ear�: � �� P�� c�an�tzQl se:tv�c��. �'�� nit��l re�tal rate is �1C�t�.C�� r �n��h. �� r�nt s�a�l be p�yal�le �n ad�� h�fir�t day t��h �nd ��ry rr�a�r�t� da�ri��t�� e c�f tl�s �.,eas�A��e�_ ��t.. �: 3 a�d � �f par��r��. 3.�.. ��e �, Th� �st� ated �nn�a�i��d co�t �e�r ite � �, , ' sha�l b� adjusted �v��'y t��`�� 3} ye�rs; cc��'ar�e��i�� dat� �f t�i� A�r�er��r�t; ��zd aa��ust��1 �ay th� �v�r�� cre�se s�f t�i� �r�ite� �t��s ��r�a� af I�� t�tis�ic� I'��tit�n�l �+��su�er ��ce I�d�� (��'�� a� �h� ��n �ran�is�a/C�� a�d area f�r th�p��vi��thre�-y��r��riad.�� , The r��t�l p�y��t� �� it�ra� �� par��apl� �;A, �btave s�all b� ad�usted �: �a�ly,l��s�:d c�n�i�s�far w�rk, �R l�.e�t ��ac� ea�her �har�es ��d ��r i� ��is I��se �gr��a��t �i�a�l �e p�yabl� �,�nt�l� in ad��e: I��s�r is ��titl�d�� cc��l��t fr�� Less�e and I.��s�� a�re�� tc� p�� I�es��p��i�"�� a�� nt�� f�es ar�d �har��s s�t �`or�� r�in. �Va��.��t I� pr�j�di�� tt� any ��he� re�ed� vahic�i ��r�'i�� znig�t b� u�� or nor��p��r�ez�t �� a�, f��s, an� cl��es, t��° ��i�:z �rea�� his �a�� Agreer�t��t, �f s�c�r i� r��uir��l �z e�ect� �� y a�� u t�r s�r�s c�z i�cu�s ��ay c�b�i��ti��s or �x�e�� l�y re�so� af� f��lure, ne�Ye�t, �z� re�'usa� t�f �se� ��per�� an�or�e af c�r� c�� h� te s �o�ditit�ns �r�� c�v��a�ti��thas �� ,A�r�e��n�� s t�� r�s�alt�f��y �.ct car c��i�si�� c�f �;ss�e ��an�rar�r tr� sa��l t� � c�nd�tit��s �r c�v��nts t�e s� �r su�s s� �a�� y L��s�az� i�clud��g ali i��re�t, ct�sts, tl�:�ag�s; ar �en�lti��; ��.� �� ddee�, �fte�` t�ir�y �CM �ays' �rr�tt�� nt��i�� by �s�c�� ti� ��s��, tt� �n� e in�t��k�r re�� t��z��fter �iue �ere�n��r, ��d �� v�ry €la� ��erea�ter �h� sa�� s�a�1 �� d l��r�zne addi��a�al r��:� r��ral�le �y �s+�r a� t�� a�.e P��. �:��+n��9�s�r�t tc�L�a�e��r��r�er��-59�� a�z��e�and �rit� l�ke r��edaes �� hc��g� it-vv�re e�ri��Ily a p��t�f the a��t as ��t �c�x�� e��. ectr� l3 ��n��a c� z� ��ended ��s �a��r�tiy t+� r��: �1.. y e�t�y ��r��d�r, �,�s��e �c�ept� �h� F'r��txai�e� as �� g�t�c� �t��it�� t�d e��aar� a�� sha�l� �apc�� a�aa�a�r� a�flais as��re��e�t �r e�r�i�r�c�r�c��i�n t��r�t�f� l�av� ��i� ��°��ais�� t as ��s�� c��d�ti�n ��ci r�p�i� �s �� ar� ��, re�sc�n�:�rl� us� ��d w��r t��r�ca��at��. �. I��s�� h�I� a� �Il �zr��s �eep its ��lt��a�,� �r�� p��ve �� i� � saf�, ci�an; ��, ��d sar�i�ary �c�ncIzti��, ��d ��ail �� 1� ��th �Il l�.�s� �axc�i�az�c�s; �� `�; i�f��r��rt�i�i��tc� h��1�h a�c� �afet�, �. L�;ss�e s��il b� r�sp��sikal� f�r �lt znte�z�ar ��d ��;��r�taa° �ai�a��r�� e P�-�a�azs�s, e��d�r�� the pu�Ii� restrc��rr�s� �o �st�l�d� ��ri�1 v�a�zk, ��i�tza��, ��3�� x��la�err��a�� i� a�d �w�� s��r�, �li �a�h�r r��aar� �c� t�� t�r� s�r�act��, ��t��art�� y c�a�tr��t r�� t��e is� �`�r; ��t��g� �'e��ilatit�� z�d �� C��diti�ni�g � �''A�� ip��, arrd ��l �aai�ten�n�� r��ar �� l.��s�e�� c��vn fa�t�r�� r�� fi�rr�i��i��s. Le��r ��1 b� r��p��ibl� �'�r �I� n��ri�� rt�ain��z�� c�� fhe ��bli� re��r�o s a�sac��fed t�v�tt� �� s��,, t� ��d� ��aitc�rzaT �t�r�, p�i�ti�a� ��t� at��r i��z` r�pair� �� he ir��ric�r ��d �I� r�?a��en�� a�d r�g�a��° r��i�taar�s �nt1 f�r��s�zn��. ��sc�r s��T �� r�sga��iE�l� c�� r��i�ten�n�e �f�xt�riaz� d�aar� �nd��s��te�1 h�rdww�r� �f t��u�a�ic r�st��rr��. �. ssee shal� �yz�tain �:ny �l�et�ic�l �pp1��z�� rer��ir�d +�r �e��°�d by �s�� th� �s� �f s�id Frerr��s�s, �a s�� s�aal� �i�t�� a�i� lar�d�ca�ar�g�urr�ur�e�in�th� ��b�c�us�. �'. I_�,ssee �h�lt pr�v�d� �rea �ithiza p�erxiis�s fc�� I�ss��. t� stc��aa�z��ri�� s�ap�I��s and p�.�er��ads fear�a�abli�r��c�c►rr�, �e+��r� �7 +�1 � l�ss I�,�u�a��, S��t��n rs a ��d��l zr�its en�ar�ty tQ reada 1�. �n at��iti�a�, �s�ee s1�a��prca�a�r� ��,� a��t�ia��r�r� � �o �a�ny aa�t�car�z�d t� d�a ag �a d��asi��ss �� C�t� �� c�f�a��ft�r�.ia� �z�d its soT� cc�st a�d e��a�z�s� ��d at a�1 t° �s ��ria�� tfie t� �f�hrs L�;�� .��-e�r��, f�re insa�ran�� ar� ��;�xi��ing b�ildaa��, a�€� st�;ct�z�e� t� b� �rec��d a�� t�� r��is�s, ��a �h� �1� in�ur�ble v�lu� th��r�f, �v�t�th� �i�y �i��i�� na�a�� as �,��s�ay��, L��s�� sh�� .zr��sh �c� th� �i�� a�a��r�f L��st�r, tia b� a�aprc�v�d t�� p�ic�� t� t�� c�� .r�� f tI�e t� ��re+a�', ��rt�f��at� �f Ar�s�ran�� at�v✓ing�+av�r��i� in ��t. T°�� ert�fi��t� s�i�l� ��te�L,�ss�r��1e�st �� d�ys �vritt��t �c��z�e �a�'�an��lla:tir�z� �r r�d�c��sa�i� ��v�ra��. t� t�te �wer��f da.r��ge �� th� f��ity, �h�ch zs caav��°�d �y t�e f�r� �rt��r��e pa�acy��rided �y �� L.��s�e, th� ��r Fir��A�ner��rn��at�o ��A�r��rr�e�t�-59�2 �� va�l�utzl�z� tP�e i��r��c�. funds r��iv�d tcr repaar��'�pl,a�e thc c�ub�c�us�¢ �� fi��ds i� e��es� c�f��a�i�s�r��e��rt�c��s �re ��i�e�l. � i yt 3 �tta�l��3 t� th�s er�d en� ��11 ��p��e z�it� e�tzr�ty �he�it��zn��at �pp�ar��s ��ch�bit � tt� th� I;e�� lat�d �ep�� i��°�.4p��1�, ��i`?� � ITI�T �� , I�s��r �� s�e�. �a�� u��d�his � �d �r�c� �a�� r��- ��y� ��d ye�r s�t f�rt�i b�ic�v�: +�I�Y F : T�t� �� F �,,,� � 1� a � �� I�u�°t St�r�a�,�ity a�_ � ATT�� `� A:� "� . � Ar ' .�� ity A�ttt��n�� , :� �,,r�' _ � .� �`,�� _� _ ��I��ZE� C�t� ��erl� ��, ��r��e�a'� t,�i�sist��t�it� tt�� TA�' TY � �� .�i; a .� �o°' ' � �. �� °�h�� c i�, Fr��id�� I �.: � � � �� R��A� �.�r� �n��im�n�t�L�as��+�r��r��r�t C-5�� t _ � � � � � ts �� +�`� ��nts i �f�� s�. ��t ��}' �l � t �y 1� : ��c��'�� 4�9 y��rs � �,i��a�Q �� .�C� � ��.7� 2; �p��r� �'ar�ir�� 15 y��rs � �,�,��,C�d� 15 � l��ro.�3 � ��.'7� �. ��.� �p1a��rr�ent�' �C} y��s � �,Ot��4�t� ��} � �4�-.�(� � �7.�� ' ��trip� �ri�i�a� t 5 year� � �f�fle�0 � $ ��.C�� .�� ;, �st ��tr�l ��n�r�ct �a�� $ ��.�� 1 � ��t�.�t� � �S.€�tl cr�� 1 oX� First�m�ndrra��t��r �.�as�A,�r��m�r��-��9� p�� , S S A I S CL � CL, � � A {�•5991} The Lease Agree ent (C-Sg91) dated September 24,2013, and amended can arch 16, 2Q15 by and between the City of edding, a unicipal C�rparati�n and General Law City (hereinafter referred to as `Lessor'), and Shast� Trinity y Fishers, a nt�t for prafit corporation (hereinafter referred to as 'Lesse�'), is hereby amended as foliows: Sectian �m Lessee's D�velo ment oftk�e Ci�zbhouse is amended to readw E. arranty a�'Storzn I�rain Culvert: ssee shall warranty the const cticsn, mat�rials, and labox related to tiae installatic�n af the star dxain c�alvert instalied b�neath the new driveway to the Clubhou�e. The culvert installed was not specified in the approved pians. In the event the cuivert fails in any way; the Lessee shail replace i,t as specified in the approved plans at its sale expense. N N S E F, I,essor and ssee have executed this Sec�nd endmen� on the days and year set forth below: � rr�� a��a: t , � � �ar ��, �ty a ��er E e a v , �� c�ry tt�r�� ""��'; , � „ �-F � �� A � �"�Z , ; er y: arry e al , ss° , City Aftcrr �y S A I � : ,z(� 3c� � ; x Richard I2�c�hia� I'resident � �r; � �;; �, �` .,. i�y ' ,,,,��6�� , ,..,,P � 'i�"�' � " � �.+e d t 'V E C�L..4:�8..f il 8�4 V, �� M� f J ! l ��"�4�'..�'J� �"6v�'�UE� @��1.��NC'Jr 4P1 ��V�, f �� A t w a�,l F'.V. L�O,Ye +3'JGL/ 1� &�C" .PIF�IN�"'?a CF1..JVtJN.?'VV I 1 FF�CE�'F T �' �L��f� PAMEIA MIZE.ClTY CLERK �ERESA RUDOLPH,ASSISTANT GfTY CLERK 530.225.4447 �so.z2s..��s�Fax ay 13, 2015 Shasta-Trinity F�y �'ishers Attn: President .(�. Box 990002 Redding, CA 96099 SUBJECT: Second end eni to Claver Creek Clubhouse L d and Building Lease Agree ent, C-5991 ear Ladies ar�d Gentle en: Enclased is a lly ��ecuted original of th� above subj�ct A endm�nt to Agreeme�t by and between the �ity of eddzn� d Shasta-Trinity FIy Fis ers reg ding the Claver Cr�ek �lulahause L d and�uildin� I.,ease Agreement. If yau have y questions regarding this matt�r, or if we can be af assist ce, please cc�ntact the �fice of th� City Clerk at (530) 225-4439. Sinc�rely, P� L�A MIZE Gity Clerk By: .. � j � � "� , L C,�✓ t�� 0 .',` � �i�`�,6—�'f.C,.�+. F � arge J.�a o� vvell �,.-.� Exec t` e Assi�tant I nelasure c; Kim Niemer,Commun�ty S�rv�ces Department Finance Shasta Caunty Assessor's Offce �� , a `��:H �,. w s�.�� °� 1�`� �y�z; ��,n ��.,�g��, ��,& .. � ,:�, i ,.. �... �nr , . . .. � ... .... ..... .... ..... ..... .. � . �� ' � � � .. . ..... .. . � .... ..... .... .... �. . i � :�- .::�� .. . . .. ......... ......... ......... ......... � . � �7? �"r'FFd��A�:4�h�kJ�6 �E�,a�?�li�t�, ��i. �f��1,7� .. . .... ..... ..... ..... ..... � � :�... � �,,i . � � � isr I �h�, �'�. ��t�S*��C�r'�� c��s�„ �A ��'at��A�`r�`�9 ��'�1��"FB�� I��I� k��4FNN�L�a ri+�i��,�E`�"��F��C �`��'��A��0��°�d��t�"F`r��9�`�!"3"Y C�.,�� .�� :��,�� r�b�r ��;�� .�;�z�, ��°��id�� 5�� "�'��i�� i�h�r�� . �,�. �a� ��t�� "�. 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'��xti��s��a��i��l��r u�a��r��r�c� ��d � �� t�� fi�� "i��i�I �a � ` �� r�r��. ��Zit� ��e��tr��a �,�� it� c�� d �� r�� ; ��z��t�� l��ah�� ar�� i� ��r� �� it� ��a��r��d��r��%fi�.�t��a��.; '�� a��c��as� �� i��a��t�e� ��t�ri�r��a��z��u�� b��a�trz��t�� t�� r d�� s��°'� ��a �,�� 1� �� s��'� �� i��i�� r��r�d�r��,� ��a ��i�� t��a�� i�� i��a�a� ��1�� c� �� d� �� i�� , �� ith�� tr��ta�� t��a��°, s�� s�� a��it� ��y �� a�� b�� d�r�� l� � ��, ` l�� °� 1��a�� t��t ��i�l��e�� :�� c�� I �� p��d �� a�� : �r��a��s��1�� .� ��c��`�r�� raa��°��ro ��aa �'�� a�� °��t��it� ��1 ��z�t�� :� ��r�aa��s��p� �z� ' ��r c�� a��r� ��`� ��z��i�� . ��n �`��k�� t€a��1� ��z:�� t �t��i�� t��a; �`it�� i� it� �r�I� di��r��i��, �� a�� i��e�� r�� ' � p�z°��1� �� i �r�a�� r�°��a��c �� r� �� d ��t��-� �� r��i�� i��a��a�.�t�a��i�� c�� r��t��r��t� ��t��a��i�r�� ri�t��i �� +��,' �h�;��` �� c��r��c�� ly ��ru�t�d " ��v��a�, ��a��r��ca�r� t�� . �r��' �h�� I ��a��a �� a�l tr� s��= �� t�� t �.�a� �'l��a��s� ic��c��aa�s �x�r�� d��s�� +��t�� '�� is�� r�� s�� 1t 1�� b�a�� a�� r��a� �r�t�� r ��a�r� ��y�t��r��t.��r��° ��a��;��r��t�r��l t��"�"� � ��a �� t�. ��,� �� bi�i�� r�'�r��i�� p�� i�b��a�� v� ��t� �� a��i�� f��z��r� �� r��r�'t�� r�i��r��ra��d. �� h�� a�ia�� °°� t.� t� �� a�� z�� r�th�a�t ��°t��i�aC��z��r�i��il�t��r��, z� � �� :�� ; �.H�� : ��r�r��at t�w L��r�+��r�t�-5��, ' ��1 th� ��s�� i� �r��b�� +��t�f��z�� a�� ° d ��li�� p��i�� r� i��t� ��c�s�� r��r� ��r�a�� . � , ss�ax �� .��c��c� � "s�� d �rt �� h� �� t��ar��c��: � y � f � � � �+ ��f � � � � �� _ � �� . � ��`�� `� � �� 'e`�� ,��=.r�� r�� ,,. .. �._rr ��.��µ �r ��k` �"��x�'�� "�C7� � ��;s�l a ��r��r� 1�� ; � ��"�� F � „� $„ �°" a � � � �, r �' �. . � tr � � �� .� ��.� . �.�� , t"�� y: � � � i�� c� ��' �� .�� T�� _ � , � � � �� q , � ��°��: � � � � ��.� �� .� r, � � . ° �� '�� fi �� '�� "�air+d��r��t�� i.��A�r��►t�� P,�� FOURTH AMENDMENT TO SHASTA TRINITY FLY FISHERS CLOVER CREEK CLUBHOUSE LAND AND BUILDING LEASE AGREEMENT (C-5991) The Lease Agreement (G5991) dated Se}�tember 24, 2013 and amended an March 16, 2015, May 12, 2015, and December 18, 2015 by and between the City of Redding, a Municipal Corparatian and General Law City(hereinafter referred to as 'Lessar'}, and Shasta Trinity Fly Fishers, a not for profit corporation {hereinafter referred to as 'Lessee�, is hereby arnended as follows: Section 2. Lessee's Develo ment of the Clubhouse is amended in its entirety to read: A. Lessee's Construction Obligations. Subject to appro�al of a bid by the Lessee, the Clubhause Impravements shall be constructed by Lessee, as set farth in the Preliminary Drawings described in Exhibit 2,promptly and with due diligence. The parties specifically understand and agree that the Lessor has no financial commitment to the Project. The quality of canstruction and the quality of materials used in the constr�ction of the Clubhouse Improvements shall be in accordance with the project plans and specifications. The Clubhause design includes two exterior-facing public restrooms that will be constructed by the Lessor and at the Lessor's sole expense. Lessee shall prosecute Lessee's construction obligations hereunder to completion without undue interruption or de�ay and in a good,workman�ike rnanner. In connection with its construction obligations hereunder, Lessee shall comply with any and aIl applicable federal, state ana local laws, rules and regulations. Lessee warrants that it will endeavor to cause the Ciubhouse Improvements to be completed and passession of the Premises delivered to Lessor on or before December 31, 2017. Title the premises sha11 vest,without necessity of farmal written transfer of ownership, in L.essor upon the issuance of a Certificate of Occupancy. Upon failwe to diligently pursue construction to completion, City may,in its sole discretion,elect to accept title and ownership of any partially constructed impravements, or require #hat Lessee remove the same and return the premises to its pre-construction candition within sixty (GQ)calendar days of written notice by Lessor. In the event Lessee does not remove a11 partially constructed improvement, Lessor may rernove the same and charge all such costs of removal to Lessee. In the event the Clubhouse Improvements are not completed and possession of the Premises is not deliveted to Lessor, Lessee shall have no obligation to pay any rent or other payrnents or perform any other obligations under this Agreement until the Term Commencernent Date. Lessee shall have na liability to Lessor for failure to complete the Clubhouse Improvernents and deliver passession of the Premises an or before the date hereinbefore described. Lessor shall,however,have tne option to terminate this Agreement,without further obligation or liability hereunder,in ^ the event Lessee is unable to complete Clubhouse Improvements and deliver � j possession of the Premises ta Lessor on or before December 31, 2017. r � Fourth Amendment to Lease Agreement C-5991 Page 1 � � -.,.. The date of this Amendment shall be the date it is signed by the City. IN WITNESS WHEREOF, L.essor and Lessee have executed this Fourth Amendment on the days and year set Forth below: CITY OF REDDING A Municipal Corporation Dated: �2 /y�/� K RT ST N,City Manager A'I�EST: APPROVED AS TO FORM: BARRY E. DeWALT City Attorney n PAMELA IZE, C Cl�r�C By: SHASTA TRINITY FLY FISHERS Dated: �a - � - t � � � By: PHIL RY ,President Tax ID No.: �� r ��3��T Fourth Amendment to L.ease Agreement G5991 Page 2 • CITY OF RED�[NCs S . . 777 CYPRESS AVE1VUE, RED�ING, CA 96001 � P.O. BOX 496071, RE6DiNG, CA 96049-6071 OFFICE OF TFiE CITY CL�1ZK PAMELA MIZE,C1TY CLERK TERESA RU60LPH,ASSISTAI+fT CITY CLERK 530.225.aA47 530.225.4463 FAX December 15, 2016 Phil Ryan, President Shasta Trznity Fly Fishers, Inc. P.O. Box 99002 Redding, CA 9bq99 SUBJECT: Fourth Amendment to Shasta Trinity Fly Fishers— Clover Czeek Clubhause Land and Building Lease Agreement, G5991 Dear Mr. Ryan: Enclosed is a fully executed ariginal of the above subject First Amendment to Agreement between the City of Redding and Shasta Trinity Fly Fishers, Inc. If you have any questions regarding khis matter, or if we can be of assistance, please contact the Office of the City Clerk at{530}225-4439. Sincerely, �� Anette Cates Executive Assistant Enclosure c: Kirn Niemer�Community Services Finance FIFTH AMENDMENT TO SHASTA TRTNITY FLY FISHERS CLOVER CREEK CLUBHOUSE LAND AND BUILDING LEASE AGREEMENT (G5991) The Lease Agreement (C-5991) dateci September 24, 2013 and amended an March 16, 2015, May 12, 20].5, December 1$, 2015, and December 14, 2016 by and between the City of Redding, a Municipal Corporatian and General Law City(hereinafter referred to as `Lessar�, and 5�asta Trinity FIy Fishers, a not far profit corporation{hereinafter referred to as 'Lessee�, is hereby amended as follows: Section 2. Lessee's Developrnent of the Clubhouse is arnended in its entirety to read: A. Lessee's Construction Obligations. Subject to approval of a bid by the Lessee, the Clubhouse Improvements shall be constructed by Lessee, as set farth in the Preliminary Drawings described in Exhibit 2,promptly and with due diligence. The parties specifically understand and agree that the Lessor has no financial commikznent to the Project. The quality of construction and the quality of materials used in the construction af the Clubhouse Improvernents shall be in accordance with the project plans and specifications. The Clubhouse design includes two �xterior-facing public restroorns that will be canstructed by the Lessor and at the Lessor's sole expense. Lessee shall prosecute Lessee's construction obligatians hereunder to completion without undue interruptian or delay and in a good, workmanlike manner. In connection with its construction obligations hereunder, Lessee shall cornply with any and all applicable �ederal, state and lacal laws, rules and regulations. I.essee warrants that it will endeavor to cause the Clubhouse Irnprovements to be cornpleted and possession of the Premises delivered to Lessor on or before September 1, 201�$. Title the premises shall vest, without necessity of formal written transfer of ownership, in L.essor upon the issuance of a Certificate of Occupancy. Upon failure to diligently pursue construction to cornpletian, City may, in its sole discretion, elect to accept title and ownership of any partially canstructed improvernents, or require that Lessee remove the same and return the pzemises to its pre-construction condition within siacty(60) calendar days of written notice by Lessor. In the event Lessee does not remove all partially constructed improveanent, Lessor may remove the same and charge all such costs of removal ta Lessee. In the event the Clubhouse Improvernents are not campleted and passessian of the Premises is not delivered to Lessor, Lessee shall have na obligation to pay any rent or other payments or perform any other obligations under this Agreement until the Term Comrnencement Date. Lessee shall have no liability to Lessor for failure to complete the Club�ouse Improvements and deliver possession of the Premises on or before the date hereinbefore described. Lessor shail, however, have the option 1 ' to terminate this Agreement,withaut further obligation or liability hereunder, in � the event Lessee is unable to complete Clubhouse Irnprovements and deliver �(/� passession of the Premises to Lessor on or before Septernber 1, 2Q18. � � Fifth Ainendment to I.ease Agreement C-5991 Page 1 ~ The date of this Aznendment shall be tlie date it is signed by the City. IN WITNESS WHEREOF,Lessor and Lessee have executed this �ifth Amendment on the days and year set forth below: CITY OF REDDING A Municipal Corporation Dated: �� BARRY , City Manager ATTEST: APPROVED AS TO FORM: B�RRY E.DeWALT City Attor�ey PAMELA MIZE, Clerk By: SHASTA TRINITY FLY FISHERS Dated: By: DICK RECCHIA,President Tax ID No.: �b � �3 �/� p�T� Fifth Amendment to Lease Agreement C-5991 Page 2 • C[TY QF REpDINC � . . 777 CYPRE55 AVENUE, RE��ING, CA 96001 � P.O. Box 496071, ReoniNc, CA 96049-6071 OFFICE dF THE CITY CLERK PAMELA MIZE,CITY CLERK SARAH SHEETZ,A55[STANT CITY GLERK 530.225.44,47 530.225.4463 FAX December 8, 2017 Phil Ryan, Presic�ent Shasta Trinity Fly Fishers, Inc. P.O. Box 99002 Redding, CA 96099 SUBJECT: Fifth Amendment ta Shasta Trinity Fly Fishers — Clover Creek Clubhouse Land and Building Lease Agreernent, C-5491 Dear Mr. Ryan: Enclosed is a fully executed original of the above subject First Amendment to Agreement between the City of Redding and Shasta Trinity Fly Fishers, Inc. If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at {530) 225-4439. Sincerely, �� Anette Cates Executive Assistant Enclosure c: Kim Niemer/Community Seroices Finance . �EiANSMITTAL FORA+1 � � � � f�RA�D�PIE�,REQ_U1RED*DO NOT E-MAIL FOR REVIEW o . TO_CITY ATTORNEY[225-4050]&CITY CF.ERIC(225-40551 Agreements p Bonds 0 Contracts a Leases a Escrow Insiructians �Deeds 4 5ecurities p Resolutions p 4rdinances Date: ��12�120�� From: Artgie LidSte�' ]For Finance: Dept. Name: Communit Services ,._ 225-410� Dept# Y P}1orie; Job Order# Kim Niemer 225-1404 �ntract# Person most knowledgeable: Phone: Tip CONTR.4CT lNSURANCE REQUIREMENTS MET?Insurance must be obtarned, approved and entered by Risk before obtaining Cify signature(s). If nof camplefed, yaur contracts will be held in fhe Clerk's O�ce. For help confact Risk Liabi!'ltv @ ccarmona@ci.reddinp.ca.us, (530}225-4387, or mrhoads@ci.reddinq.ca.us, 1530)225-4385. DESCRIBE DOCUMENTS ATTACHED � � Document Title: 5th Amendment to STFF Land and Buildin Lease A reemenf C-5991 �� ` ' / � -- __ EiSt�� putside Party[ies}:Shasta Trinaty Fly Fishers _ _ Project(what/where/Why?). C�ove�Creek Clubhause res#room design a�d const�uction 2� _ — _ 1�1�8►� ' COUNCIL APPRQVAL REQUIRED? No�Yes� IF YES,DATE OF MEET�NG: wnIX Was contract/agreement the result of an RFP or Bid?Na�Yes� Bid Schedule#or RFP#��~�^ Is the source of funding grant related? IVo�Yes� ;;, �� e;�a�d�`�— RE UEST F TORNEY SERVIC�S -. � _ - .-..�,� �Q RFRUIRF.D y Attorney Reviews Draft-All documents must be reviewed e�e 2b_t�ining sienatures.When amendin ❑ a contrart,attach a copy af original contract and all prior amendments.Da not e-mail documents unless specificalIy requested. � Ap}�rove As To Form After: draft has been approved by attorney and outside parties'signatures have been obtained. Subm9t two (2) originals. Use paperclips (� staples)and put"Sign Here"tabs on all signature pages. � Prepare Certificate of Acceptance [easement&grant deeds) � Metno or additior�al info is attached. ❑ Other: ROUTING ❑ Return to: [7'hen route signed originals to Clerl�s OffiCe for attesting,transmitting&filing,etc.w/a transmittal form.j � Forward to City Clerk for necessary signatures and processing ❑ Other(mailing/distribution instructions}: ,�`'°^"""°�'`� -.��_.�3-. _ � �._L�:a i.:t'v�k'�.�i� /� - / City Attorney Lag# U� � J ��_��`� � '''�� • - � •"-H a d Logged out by: - ��e� ��.�. Rcv.S/17