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HomeMy WebLinkAbout _ 9.1(a)--Redding Rodeo Association Lease Extension CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Accept the report and consider amending the Lease Agreement (C-141) approving a three-year lease extension to August 1, 2029, with an updated construction schedule as requested by the Redding Rodeo Association; and authorize the Mayor to execute the amendment and any additional documentation as required to complete the transaction. Fiscal Impact There is no fiscal impact in extending this Lease Agreement (Lease). Alternative Action The City Council could choose to not approve the First Amendment to the Lease and provide alternative direction to staff. Background/Analysis In 2016, the City of Redding (City) and the Redding Rodeo Association entered into a lease for the use of property, commonly known as the Redding Rodeo Grounds for a ten -year term expiring on July 31, 2026. The Redding Rodeo Association notified the City via a letter dated September 27, 2023, of its desire to extend the current lease by three years, extending the expiration date to August 1, 2029. As indicated and determined through additional conversations the purpose of the requested three- year extension is to allow for the completion of the in-progress Redding Riverfront Specific Plan update and to provide for sufficient time to justify some immediate upgrades needed at the rodeo grounds. Additionally, the current lease includes Exhibit C, detailing required improvements to the rodeo grounds and the expected timing of the improvements. This amendment includes an updated Exhibit C. MEETING DATE: November 7, 2023 ITEM NO. 9.1(a) FROM: ***APPROVED BY*** btippin@cityofredding.org btippin@cityofredding.org SUBJECT: 9.1(a)--Consider Redding Rodeo Association's lease extension request. Barry Tippin, City Manager Report to Redding City Council October 31, 2023 Re: 9.1(a)--Redding Rodeo Association Lease Extension Page 2 The City Attorney has approved as to form the First Amendment to the Lease Agreement. Environmental Review This action is not a project as defined by the California Environmental Quality Act, and no further action is required. Council Priority/City Manager Goals This is a routine item. Attachments ^Redding Rodeo Association Lease Extension Request ^Redding Rodeo Association 1st Amendment C-141 Redding Rodeo Association Lease Staff Report_04192016 Redding Rodeo Association Lease C-141 P.O. Box 992048 • Redding, California 96099 September 27, 2023 Mayor Michael Dacquisto Redding City Council Members 777 Cypress Avenue Redding, CA 96001 Honorable Mayor and City Council Members, The Redding Rodeo Association is formally requesting an extension of the current lease which commenced August 1, 2016 with a 10 year term. We are asking for a 5-year extension with the start date of August 1, 2024. The Redding Rodeo Association is unable to, in good conscience, invest the necessary resources to make improvements needed to the rodeo grounds before the 2024 Redding Rodeo without an extension. As a non-profit corporation we have a legal fiduciary duty to spend the funds raised through rodeo, grants and other fundraising initiatives in a responsible manner. We believe putting Redding Rodeo funds into the rodeo grounds without an extension with less than 3 years left on the lease term is irresponsible. As we work toward the next 75 years we need to use our funds wisely to support our mission of supporting the community and producing a world-class rodeo. We are proud of the fact that the Redding Rodeo Association pays all of the expenses to maintain the grounds. As the grounds need considerable upgrades – some immediate – and a long-term plan, we are unable to do either without a short- term lease extension to get through the many issues surrounding a longer term lease. P.O. Box 992048 • Redding, California 96099 Redding Rodeo Extension request Page Two While we are asking for a 5-year extension currently, the Redding Rodeo Association is making plans for the future, and fully intends to ask for a long-term lease. The Redding Rodeo Association membership strongly believes that the Redding Rodeo should remain in the historic home of 75 years where it sits today. We are very grateful for the public support of not only the Redding Rodeo, but also preserving the historic use of the rodeo grounds. We believe the Redding Rodeo, powered by volunteers, is a huge asset to the City of Redding and surrounding communities. With an estimated economic impact ranging from $8 - $10 million, world-class rodeo competition nationally televised and unlimited support of the community through non-profits we feel that housing the Redding Rodeo grounds on its current home is an excellent use of public land. Please do not hesitate to contact me with any questions you have regarding this request. Respectfully, Bennett Gooch President, Redding Rodeo Association FIRST AMENDMENT TO LEASE AGREEMENT WITH REDDING RODEO ASSOCIATION (C-141) The Lease (C-141) dated April 20, 2016, between the City of Redding, California (“Lessor”), a municipal corporation, and the Redding Rodeo Association (“Lessee”) is amended as follows: Section 1 is amended to read in its entirety as follows: Lessor, for and in consideration of the covenants, conditions, agreements, and all amendments thereto, herein set forth to be kept and performed by Lessee, does hereby grant, demise, and lease unto Lessee, subject to all the conditions, covenants, terms and agreements hereinafter set forth, those certain premises as the same are described in Exhibit A and depicted on Exhibit B, attached and incorporated herein. The term of the Lease shall commence on August 1, 2016, and shall terminate on August 1, 2029, unless earlier terminated for cause or without case upon giving no less than one (1) year’s written notice to the other party. The Exhibit C attached to this Amendment shall replace in its entirety the Exhibit C attached to the Lease (C-141) dated August 20, 2016. All other terms and conditions of the Lease (C-141) dated August 20, 2016, shall remain in full force and effect. The date of this Amendment shall be the date that it is signed by the Lessor. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment on the days and year set forth below: CITY OF REDDING, A Municipal Corporation Dated: _________________, 2023 __________________________________ MICHAEL DACQUISTO, Mayor ATTEST: APPROVED AS TO FORM: BARRY E. DeWALT City Attorney ______________________________ ____________________________________ SHARLENE TIPTON, City Clerk REDDING RODEO ASSOCIATION DATED:_________________, 2023 _____________________________________ By:________________________, Chair REDDING RODEO ASSOCIATION (C-141) EXHIBIT C PROJECT 1. Replacement of the existing pedestrian ramp at the South end of the main grandstand with a ramp designated to meet the 2013 CBC standards has been completed. PROJECT 2. Replacement of the existing pedestrian ramp at the North end of the main grandstand with a ramp designated to meet the 2022 CBC standards shall be completed by January 1, 2025. PROJECT 3. Construction of a new contestant hospitality/production room is on hold until a long-term lease is secured. The accessible parking for the existing ticket office designated to meet the 2017 CBC standards has been completed. PROJECT 4. Construction of an accessible entrance and path of travel to service Box Seats 1- 10 and the general admission section is on hold due to the fact that there are no general admission seats in this section as they were demolished and accessible seating is available in the main stadium area. PROJECT 5. Construction of an accessible parking stall and path of travel into the Rodeo Flats seating area designed to meet the 2022 CBC standards shall be completed by February 1, 2024. PROJECT 6. Construction of accessible access to the Buckaroo Seating area above the Bucking Chutes is on hold as the area needs to be reconstructed, and a long-term lease is required to justify the expense. PROJECT 7. Construction of the accessible entrance into the existing Redding Rodeo Association Clubhouse shall be completed by February 1, 2024. CITY OF REDDING REPORT TO REDDING CITY COUNCIL Recommendation Approve a 10-year lease (C-141) of the Redding Rodeo Grounds with the Redding Rodeo Association (RRA), with a term expiring July 31, 2026. Background At its March 9, 2016, meeting, the Community Services Advisory Commission voted to recommend a new 10-year lease of the Redding Rodeo Grounds with the Redding Rodeo Association. The Redding Rodeo Association has leased the Rodeo Grounds from the City of Redding for 67 years. The current extension expires on July 31, 2016, and while the current term allows for five (5) one-year extensions, the Redding Rodeo Association requested a new lease with a ten (10) year term. The following are the main changes from the current lease: 1. Ten-year term. The lease may be terminated at an earlier date by either party with one (1) year written notice. 2. The lease area has been reduced to accommodate plans for a new road alignment to the boat ramp. 3. An updated list of improvement projects has been included with the lease. All other terms and conditions remain the same as the current lease. Issue Should Council approve the new lease with the Redding Rodeo Association for the Redding Rodeo Grounds? MEETING DATE: April 19, 2016 ITEM NO. 4.6(c) [C-070-100/C-050-560] FROM: SUBJECT: 4.6(c)--Redding Rodeo Association Lease for the Redding Rodeo Grounds ***APPROVED BY*** Kim Niemer, Community Services Director Report to Redding City Council April 13, 2016 Re: 4.6(c)--Redding Rodeo Association Lease for the Redding Rodeo Grounds Page 2 Alternatives; Implication of Alternatives 1. Approve the lease. This alternative will allow the Redding Rodeo Association to continue use of the facility for the Redding Rodeo as well as other equestrian events. 2. Decline to approve the lease. This alternative would require the Redding Association to find a new facility to continue its operations including the Redding Rodeo. 3. Provide staff with alternative direction. Fiscal Impact The annual lease payment is $50. There is no fiscal impact from this lease. Conclusion The Redding Rodeo Association has been a good tenant for the Rodeo Grounds and continues to make improvements to the facilities. This lease extension will allow the RRA to continue to hold the Redding Rodeo, a signature event for the City, as well as many other equestrian-related events for the community’s involvement and enjoyment. Attachments: Lease Agreement (available online) Lease Agreement Exhibit A (available online) Lease Agreement Exhibit B (available online) Lease Agreement Exhibit C (available online) CITY O Fj =i CITY OF REDDING 777 CYPRESS AVENUE, REDDING, CA 96001REDD P.O. Box 496071, REDDING, CA 96049-6071CAL1FORNIA OFFICE OF THE CITY CLERK PAMELA MIZE,CITY CLERK TERESA RUDOLPH,ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX April 26, 2016 A-050-055AS/C-070-100 Leslie Morgan,Assessor-Recorder Shasta County Assessor's Office 1450 Court Street, Suite 208 Redding, CA 96001 Dear Ms. Morgan: Enclosed herewith is the following Lease Agreement for Possessory Tax purposes: C-141 Lease Agreement—Redding Rodeo Grounds By Redding Rodeo Association If you have any questions regarding this matter, please feel free to contact our office at 225- 4439. Sincerely, o _.€ - Q -2 Anette Cates Executive Assistant enclosure a0 R 00 13 CITY OF CITY OF REDDING REDDING777 CYPRESS AVENUE, REDDING, CA 96001 CALIFORN I A P.O. Box 496071, REDDING, CA 96049-6071 OFFICE OF THE CITY CLERK PAMELA MIZE,CITY CLERK TERESA RUDOLPH,ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX April 21, 2016 Redding Rodeo Association Attention: President PO Box 992048 Redding, CA 96099-2048 Subject: Lease (C-141) Ladies & Gentlemen: Enclosed is a fully executed original of the Lease between the City of Redding and the Redding Rodeo Association for the lease of property referred to as the Redding Rodeo Grounds. The Lease was approved by the Redding City Council at its meeting on April 19, 2016. If you have any questions regarding this matter, or if we can be of assistance, please contact the City Clerk's office at (530) 225-4044. Sincerely, ji,...A.4...0_c_....-64_011-8-1131Lj Teresa Rudolph Assistant City Clerk enclosure c:Michele Davis, Community Services Jof R. O IIE.. 2 11 FoP LEASE THE LEASE, made and entered into on this a-)) day of Apr , 2016 by and between the CITY OF REDDING ("Lessor"), a municipal corporation, and the Redding Rodeo Association ("Lessee"). WITNESSETH: WHEREAS, the Lessee has heretofore leased from the Lessor a parcel of real property, commonly known as the "Redding Rodeo Grounds", for a total period of 67 years, including extensions of said Lease, expiring on July 31, 2016, and WHEREAS, the Lessee, during the terms of the prior Leases and Extensions, has made and constructed many improvements upon the premises and has continued to keep the terms and conditions of said Leases and Extensions, and now desires a further extension of said Lease for an additional ten year term, and WHEREAS, the continued use of the subject property for rodeo and other horse and livestock activities is compatible with uses in the surrounding area, and is deemed to be in the best interests of the City and its citizens, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TERM Lessor, for and in consideration of the covenants, conditions, agreements, and all amendments thereto, herein set forth to be kept and performed by Lessee, does herby grant, demise, and lease unto Lessee, subject to all of the conditions, covenants, terms, and agreements hereinafter set forth, those certain premises as the same are described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein for all purposes, for a term of 10 years, commencing on August 1, 2016, except that this Lease may be terminated without cause at an earlier date by either the Lessor or the Lessee upon giving written notice one (1) year in advance of its intentions. 2.RENT Lessee shall pay to Lessor ground rental of Fifty Dollars ($50.00) per year, payable in advance first day of January in each and every year during the term of this Lease, commencing on January 1, 2017. nA L 4- tR l 3.USE OF PREMISES That the leased premises shall be used by Lessee solely for the conduct and operation of rodeos, horse shows and other entertainment activities incidental to such operations and for the use of such Lessee and its members for recreational and practice activities in connection with their horsemanship program. Before any additional and supplemental activities may be engaged in, the Lessee shall obtain the express written consent of Lessor. Overnight recreational vehicle parking is not permitted except during Rodeo Week or equestrian related events. 4.SUBLETTING OF THE PREMISES Lessee shall not, without previous consent in writing of Lessor, assign this Lease or any interest herein or underlet or sublet the whole or any part of said premises. Any purported assignment, either direct or by operation of law, or under of in pursuance of any order,judgment, decree or process of any Court, shall be wholly void and shall, at the option of Lessor, work a forfeiture of this Lease. The consent of the Lessor to the first or any other assignment shall be a consent to any subsequent assignment, but the prohibition against assignment without consent shall continue in force as against any assignee. The City Council of Lessor may permit a temporary underletting or subletting of the whole or any part of said premises, when an underletting or subletting has been submitted to the Lessee and disapproved by Lessee. Such permission by the City Council of Lessor shall require a finding by a four-fifths vote of its members, that the public interest requires such underletting or subletting, and shall establish the terms and conditions on which such underletting or subletting be permitted which will interfere with the use of said premises by Lessee for a scheduled major activity, or without conditions being attached thereunder which will protect the improvements and property of Lessee, and any such permission shall include provisions that hold Lessee and its members free and harmless from any public liability arising from the use of the property or improvements of Lessee, and in any event, such permitted subletting shall not include the use of the clubhouse of Lessee. 5.RESERVATION OF USE FOR RIGHT OF WAY Upon fourteen days notice to Lessee, Lessor hereby reserves a right of way for the use of itself and all other persons for purposes of passage and travel over the premises which shall, at all times, permit access to the launching ramp and other facilities on and along the south bank of the Sacramento River from the southwesterly portion of the premises, at such times access to these facilities are not accessible from the southeasterly side of the premises. 6.RIGHTS OF WAY AND MAINTENANCE OF UTILITY LINES Lessor shall have the right to maintain existing electric utility pole lines, sewer lines, and water lines and the rights of way for same as they now exist on said premises, and Lessor reserves the right to itself to use and establish such additional rights of way as may be necessary in the sole judgment of Lessor for such further sewer, water and electric utility purposes. 7.UTILITIES Any language in this Lease to the contrary notwithstanding, the Lessee shall pay the cost of any extensions required to serve the premise with any utilities such as sewer, water, electricity or natural gas, and in addition thereto, the Lessee shall pay the cost for any utility services that are furnished to it as said premises, including expressly sewer, water, electricity, natural gas, refuse collection, telephone or cable television. 8.MAINTENANCE AND REPAIRS Lessee shall, at its sole cost and expense, keep and maintain said ground area, improvements and appurtenances, and every part thereof, in good and sanitary order, condition and repair, hereby waiving all right to make repairs at the expense of Lessor as provided in Section 1942 of Civil Code of the State of California, and all rights provided for by Section 1941 of said Civil Code. As an additional consideration for execution of this lease by the Lessor, the Lessee expressly agrees to maintain the premises and all improvements thereon during the entire term of this lease, unless terminated sooner with the consent of the Lessor, in as good condition as the premises are in at the conclusion of the construction of the improvements in accordance with the approved plans and specifications, reasonable wear and tear excepted. Such maintenance shall expressly include a regular and consistent program of repainting, renovation and prompt repair of any damaged portions of the improvements which the Lessee has installed. 9.IMPROVEMENTS A. In the construction of any further and additional improvements, or extensions and additions to existing improvements upon the premises, Lessee shall comply with all the provisions of the Redding Municipal Code, and shall, in addition, first obtain written consent of Lessor as to the location, nature, and design of such proposed improvements before constructing or installing same. B. Lessee, at its sole cost and expense, shall construct the improvements set forth in Exhibit C, attached and incorporated herein. 10. COOPERATIVE USE OF PARKING FACILITIES Lessor reserves to itself the right to use the parking areas within the premises in conjunction with activities taking place in the Redding Civic Auditorium Center at all such times that such use will not unreasonably interfere with the use of the demised premises by the Lessee for the express purpose of Lessee's use. In particular, (a) Lessor shall not schedule an event or events which use the Civic Auditorium facilities that require use of the parking area around the Rodeo Grounds during Rodeo Week, and (b) Lessor shall not schedule an event or events which use the Civic Auditorium facilities during the four days of Lessee's Rodeo, and during one other two-day weekend, provided that Lessee's event, to be conducted on such weekend, is booked at least six months prior to the use date, and provided further that such weekend date is not already scheduled for an event using the Civic Auditorium facilities. To provide additional parking to Lessee as necessary for Lessee's sponsored activities, Lessor licenses the use by Lessee of the parking areas of the Lessor located in the vicinity of the Civic Auditorium for use by Lessee as overflow parking areas during the Rodeo weekend, and for such other activities of Lessee which attract audiences in excess of the parking capacity within the demised premises. Except for the Rodeo weekend and one additional weekend provided for above, such use shall not interfere with scheduled uses of the Civic Auditorium and the parking needs generated thereby. Lessee shall not be required to make any payment to Lessor for holding the Civic Auditorium dark during the two events specified above. 11. UNLAWFUL USE No building, structure of improvement of any kind shall be erected, placed upon, operated or maintained on the leased area, nor shall any business or operation be conducted or carried on therein or thereon in violation of any ordinance, law, statute, by- law, order or rule of the governmental agency having jurisdiction thereover. 12. HOLD HARMLESS A. Lessee shall indemnify, protect, defend and hold harmless, Lessor, 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 subjected by reason of, or in connection with, Lessee's use and/or occupancy of the premises. B. The Lessee's obligation to defend, indemnify and hold harmless shall not be excused because of the Lessee's inability to evaluate liability. The Lessee shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the Lessor, unless this time has been extended in writing by the Lessor. C. 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 Lessee. D. The Lessee's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law. E. Lessor shall have the right to approve or disapprove the legal counsel retained by pursuant to this Section to represent Lessor's interests. Lessor shall be reimbursed for all costs and attorney's fees incurred by Lessor in enforcing the obligations set forth in this Section. 13. INSURANCE Lessee shall procure and maintain, for the term of this Lease, insurance against claims for injuries to persons or damages to property which may arise from or in connection with Lessee's use and/or occupancy of the premises. The cost of such insurance shall be borne by Lessee. A. Coverage shall be at least as broad as, with limits no less than: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), at $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be twice the required occurrence limit. Lessor reserves the right to increase the limits at a later date. B. The general liability policy is to be endorsed to contain the following provisions: 1) Lessor, its elected officials, officers, employees, agents and volunteers are to be covered as insureds as respects liability arising out of activities performed by or on behalf of Lessee; products and completed operations of Lessee; premises owned, occupied or used by Lessee; or automobiles owned, leased, hired or borrowed by Lessee. The coverage shall contain no special limitations of the scope of protection afforded to Lessor, its elected officials, officers, employees, agents and volunteers, and members of the Community Services Advisory Commission. 2) Lessee's insurance coverage shall be primary insurance as respects Lessor, its elected officials, officers, employees, agents and volunteers, and members of the Community Services Advisory Commission. Any insurance or self-insurance maintained by Lessor, its elected officials, officers, employees, agents and volunteers shall be in excess of Lessee's insurance and shall not contribute with Lessee's insurance. 3) Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4) Each insurance policy covered by this Lease shall be endorsed to state that coverage shall not be canceled by either party except after thirty (30) days' prior written notice has been given to Lessor. C. Insurance is to be placed with insurers with a current A.M.Bests's rating of no less than A-VII and licensed to do business in the State of California. Lessee shall furnish Lessor with original endorsements effecting the coverages required by this Lease. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements, deductibles and self-insured retentions are to be received and approved by Lessor's Risk Manager prior to the date the term commences and shall not reduce the limits of liability. 14. PREVAILING WAGES Pursuant to Section 1781 of the Labor Code, Lessee is advised that maintenance and improvements required herein in excess of one thousand dollars ($1,000) in cost shall require the payment of prevailing wages. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Lessee shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774-1776 of the Labor Code in regards to payment of prevailing wages and to provide the City of Redding and Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City of Redding along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Lessee is further advised that the work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 15. TAXES A. Lessee shall promptly pay any taxes assessed against its personal property, and any possessory interest tax levied by reason of their occupancy of the subject Premises and the improvements constructed. B. Lessee agrees to pay any and all taxes which may be levied and assessed against the Premises, in addition to the rental payments provided. C. Lessee is advised pursuant to Revenue and Taxation Code § 107.6 that a possessory interest subject to taxation may be created by the grant of this Lease to Lessee. 16. INSPECTION AND NOTICE Insofar as the same may be necessary for the protection of the Lessor's rights, the Lessor or it agents shall at any and all times 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 to keep posted thereon, or on any part thereof. Any notices proved in Section 1183.1 of the Code of Civil Procedure of the State of California, or any other section of the Code of Civil Procedure of the State of California, or any other notice or notices that may be at any time required or permitted by law. 17. BANKRUPTCY OR INSOLVENCY If Lessee shall be adjudged bankrupt, either by voluntary or involuntary proceeding, or should be 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 take 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. 18. SERVICES TO THE PUBLIC Lessee shall have the privilege to refuse service to any person or persons for just cause in relation to its activities upon the premises, but Lessee shall not discriminate in such activities upon the premises as are open to public participation either as a spectator, entrant, or other participant, by virtue of race, color, creed, sex, age, or national origin. 19. MATERIAL BREACH Upon written notice from Lessor to Lessee that Lessee is committing a material breach of a term or condition of this lease, the Lessee shall forthwith cure such breach. In the event that the Lessee has not cured such breach of a term or condition of this lease within 30 days following the mailing of such written notice to Lessee by Lessor, Lessor shall have the right to enter and take over the premises and exclude Lessee therefrom. This right shall be in addition to any and all other rights possessed by the Lessor under the laws of the State of California relating to landlord and tenant. 20. PROPERTY OF LESSEE The Lessee shall have the right to remove at the termination of this lease for any cause, any improvements installed by it on said premises, and such improvements shall be removed by the Lessee within a reasonable time if the termination is prior to the expiration date of this lease. In the event the termination is at the expiration date of this lease, such improvements shall be removed prior thereto. Lessor shall have the right to insist that any such improvements are removed at the time specified in the paragraph. The Lessee, in removing improvements, shall do so in such a way so as not to damage any portion of the premises and the Lessee agrees to leave said premises in a good clean condition. 21. WASTE AND QUIET CONDUCT Lessee shall not commit nor permit to be committed any waste upon the premises, nor any nuisance or other act or thing which may disturb the quiet enjoyment or use of adjoining parcels by others. 22. WAIVER No delay or omission in the exercise of any right or remedy of Lessor on any default by Lessee shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Lessor of delinquent rent shall not constitute a waiver of any other default; it shall constitute a waiver of timely payment of the particular rent payment involved. No act or conduct of Lessor, including, without limitation, the acceptance of the keys to the Premises or the combination to any combination locks on the premises, shall constitute an acceptance of the surrender of the premises by Lessee before the expiration of the term or extension of the term of this Lease Agreement. Only a notice from Lessor to Lessee shall constitute acceptance of the surrender of the premises and accomplish a termination of this Lease Agreement. Lessor's consent to or approval of any act by Lessee requiring Lessor's consent or approval shall not be deemed to waive or render unnecessary Lessor's consent to or approval of any subsequent act by Lessee. Any waiver by Lessor or any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease Agreement. 23. 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 of the City of Redding. 24. ENTIRE AGREEMENT AND MODIFICATION OR AMENDMENT This Lease Agreement, which includes all 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 writing signed by Lessor and Lessee. 25. ATTORNEYS' FEES In any dispute between Lessor and Lessee, whether or not resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs, including without limitation, reasonable attorney's fees and experts' fees. "Prevailing party" shall include without limitation, a party who dismisses an action for specific performance or for damages in exchange for sums allegedly due, performance for covenants allegedly breached or consideration substantially equal to the relief sought in the action, or which receives from the other party, in connection with any dispute, performance substantially equivalent to any of these. No sum for attorney fees shall be included in calculating the amount of a judgment for purposes of deciding whether a party is entitled to its costs or attorney fees. 26. 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 effect any other covenant, condition, or provision herein contain, provided that the validity of any such covenant, condition or provision does not materially prejudice either Lessor or Lessee in their respective rights and obligations contained in the valid covenants, conditions, and provisions of this Lease Agreement. 27. EMINENT DOMAIN In the event the premises shall be appropriated or taken under the power of eminent domain by any public or quasi authority, the is Lease Agreement shall terminate and expire as of the date of such taking, and the Lessee shall thereupon be released from any liability thereafter accruing under this Lease Agreement. 28. NOTICES All notices and other communications authorized or required under this Lease Agreement shall be in writing and shall be given by (a) personal delivery, (b) mailing by certified mail or registered mail, return receipt requested, postage prepaid, or United States express mail, or (c) delivery by commercially recognized courier service. Any such notice or other communication shall be deemed to have been given on the date of delivery or refusal to accept delivery if addressed as follows: LESSEE LESSOR Redding Rodeo Association City of Redding PO Box 992048 Attn: Community Services Department Redding, CA 96099 777 Cypress Avenue Redding, CA 96001 Either party may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this section. 29. BINDING OF SUCCESSORS Subject to the provisions in this Lease Agreement respecting assignment or subletting, all covenants, terms and conditions in this Lease Agreement shall extend to and bind the successors, heirs, and assigns of the respective parties to this Lease Agreement. 30. TIME OF ESSENCE Time is of the essence of this Lease Agreement and of each and every provision in this Lease Agreement. 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 Municipa C i rporation Dated: of h ,2016 141__A A A 4p I SY c• 'THUR Mayor ATTEST: APPROVED AS TO FORM: BARRY E. DeWALT City Attorney j___C 4' et t / .0 07Z- .4e/ PAMELA MI , City Clerk By: Lessee: REDDING RODEO ASSOCIATION Y48//49,Dated: /48//4,2016 r r, By: Exhibit A Legal Description for Redding Rodeo Grounds All that portion of the City of Redding described as follows:Commencing at an iron T-bar monument marked "L.S. 3170" at the northwest corner of the tract of land shown on the map recorded in Book 31 Land Surveys, at page 53, Shasta County Records; thence S. 18°00'E., 200 feet to the point of beginning; thence East 210 feet; thence N. 45°00' E., 48.00 feet; thence N. 76°26' E., 10.00 feet; thence S. 58°34'E., 67.89 feet; thence N. 31°26'E., 67.89 feet; thence N. 76°26'E., 160 feet; thence S.52°57'34" E.,360 feet to a point;thence along a line 20 westerly and parallel to the westerly line of the Auditorium Road,S.37°02'26"W., 1000 feet to the easterly line of the ACID right of way as described in the right of way Deed to ACID recorded in Book 131 of Deeds, at page 225, Shasta County Records; thence along said line, along a 624.67 foot radius curve to the right for a distance of 70 feet; thence N. 14°13'W., 155; thence N. 71°27'W, 110 feet to the westerly line of the tract of land shown on said Land Survey; thence along said line, along a 1382.69 foot radius curve to the right for a distance of 55 to an iron T-bar monument marked L.S. 3170"as shown on said Land Survey; thence N. 18°00'W., 10.00 feet; thence N. 72°00'E., 50.00 feet; thence N. 18°00'W., 150.00 feet; thence S. 72°00' W., 50.00 feet; thence N. 18°00' W., 200.00 feet; thence N. 72°00'E., 203.94 feet; thence N. 18°00'W., 229.00 feet to the point of beginning. y-gea.V spu pi aP apa Eay.aaaHroyAlrynwwp N taw• AZ 41 ext a • € m a• rJ 016 L.C3 Q 4.- N O N O a cf a 44 . 1 ....' t 1s It ti, ® f21'E 1 3 h - f 1 . , c ., —••••, i?::44-• :4,-?-----•-m.:4,•=------ •.; k 4. i,:;_ t. , i I 7-.. 2 • „.....,,,,, ;,ri::: m m 1_ ._E, Y s , ..... .„,. Iit . . , "1! ,3.' 1 0 4401 4# 1 T = O t x.14 Pa' E d y j t i. s, s4- 1 s.:- r ...t. a`k v s q N 4 t p k' a. y. a. -. Vow e•:.y- i, 4.i mac. 3 t s . .,..• „ •• 1,S;, ti f EXHIBIT C PROJECT#1 Year of completion 2016 Project description Replace existing pedestrian ramp at South end of main grandstands with a ramp designed to the meet 2013 CBC standards. Project#2 Year of completion 2017 Project description Replace existing pedestrian ramp at North end of main grandstands with a ramp designed to meet the 2017 CBC standards. Project#3 Year of completion 2018 Project description Construct a new contestant hospitality/production room that will include accessible parking for the existing Ticket office designed to meet the 2017 CBC standards. Project#4 Year of completion 2019 Project description Construct an accessible entrance and path of travel to service Box Seats 1-10 and general admission section designed to meet the 2017 CBC standards. Project#5 Year of completion 2020 Project description Construct accessible parking stall and path of travel into the Rodeo Flats seating area designed to meet the 2017 CBC standards. Project#6 Year of completion 2021 Project description Construct accessible access to the Buckaroo Seating area above the Bucking Chutes to meet the 2021 CBC standards. Project#7 Year of completion 2022 Project description Construct accessible entrance into the existing Redding Rodeo Club House. r SN 0IS3Q Al Cpl g • a 9 H 51 0 O N I t S 1 0 NOLLVIOOSSV 03008 9N10038 MINN.111(111.4 1 g I.:,"1 = T S103f0ad 3avaedn 318ISS300V A, 1r, it L"^r"4 rte'' re e a 1 a T 'r , 0 . ' I! i I i 17......„7„,„,,, e_..., . .....,.....•. r...„............ W N 0 O 12 tdQ-Q J ~df..] CY s a V. 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