HomeMy WebLinkAbout_ 4.3(a)--Amendment to Hill 900 lease agreement with Shasta CountyC IT Y OF
REMDINO�"
AN CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: March 19, 2024
FROM: Tony Van Boekel, Chief
ITEM NO. 4.3(a)
Information. Officer/IT
Director
***APPROVED
BY***
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Tony Valet bio bic it fora anon �y ma/ hrvc too r ,u JA'20211�6,ppn,t
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btippin@cityofredding.org
SUBJECT: 4.3(a) --Amendment to Hill 900 Lease Agreement between the City of Redding
rId
Shasta Count
Recommendation
Approve the First Amendment to the Real Property Lease Agreement between the City of
Redding and the County of Shasta at the City of Redding's Hill 900 Communications site (C-
5708), which will increase the allotted floor space for Shasta County's use within the
Communications building for the purposes of housing and operating public safety and
emergency medical communications equipment and related equipment, in addition to extending
the term of the agreement by 10 years to June 30, 2040, with no rent or monetary compensation
for use of the premises.
Fiscal Impact
There is no rent or monetary compensation for the use of the subject premise, thereby there is no
fiscal impact related to the approval of this lease agreement amendment.
Alternative Action
City Council could choose not to approve the lease amendment and provide alternate direction to
staff. This alternative could require staff to renegotiate the amendment with Shasta County
(County).
BackgroundlAnalysis
The County began leasing space from the City of Redding (City) at Hill 900 on November 1,
2011. The original agreement for the use of space was specific to the County's Medical
Communication Base Unit. The County is now requesting additional space to allow for
additional equipment to be installed related to the County's radio system upgrade.
Report to Redding City Council March 8, 2024
Re: 4.3(a) --Amendment to Hill 900 lease agreement with Shasta County Page 2
As the County's Sheriff's office works to update their radio system, Hill 900 was identified as
the ideal location for various equipment required to ensure their system remains reliable. The
required space is minimal and will not impact any other equipment or operations currently
residing at the site.
It is imperative that a reliable public safety communication system be in place for the region as it
is used for communications that are critical not only to Redding residents but for all of the
County area as well. The use and access of this site will be governed by the terms set for in the
lease agreement.
The County Board of Supervisors authorized the amendment to the existing lease agreement at
their regulatory scheduled meeting on February 27, 2024. A copy of the agreement and County
staff report is attached for reference.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Council Priority/City Manager Goals
• Public Safety — "Work to improve all aspects of public safety to help people feel secure
and safe where they live, work, and play in the City of Redding."
• Government of the 21St Century — `Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today."
Attachments
^First Amendment to Lease Agreement
^02-27-24 Hill 900 Amendment Shasta County Staff Report
2011 Hill 900 Final Lease
DocuSign Envelope ID: B38B2211-8D6E-441C-8152-C90520EE9A96
DocuSign Envelope U B388221 I-8D6E-441C-8152-C90520EE9A96
FIRSTAMENDMENT TO Ti
REAL PROPERTY LEASE AGREEMENT BETWEEN
THE COUNTY OF SHASTA AND THE CITY OF REDDING
This First Amendment is entered into between the County of Shasta f -County"), a political
subdivision of the State of California, and the City of Redding, a political subdivision of the State
of California ("Lessot").
R E C I TA L S
WHEREAS, County and Lessor have previously entered into an agreement on December
21, 2011, for leased real property located at 1 --fill 900 ("Original Agreement"); and
WHEREAS, County and Lessor desire to amend the Agreement to add additional space to
agreement. extend the term of the agreement, modify the responsible parties and purpose, and add
a counterparts and electronic signature provision.
NOW, THEREFORE, the Agreement is amended as follows:
1. Section L PREMISES, of the Agreement is amended, as of' the effective date of this First
Amendment, in its entirety, to read as follows:
Section 1. PRE.NUSES:
Lessor is tile owner of certain real property located at Flill 900 (as shown on Exhibit
A, attached hereto and incorporated herein), Redding, California, and that shall be
refierred to as the "Site," Lessor leases to County the following property:
A. Approximately ten square feet of floor space located within the
communications building, as shown on Exhibit A, at the Site.
B. Approximately fisur square feet of space on the antenna tower, as shown on
Exhibit A, located act jacent to the corarn un icat ions building at the Site.
[The space described in subsections A. and B. of this Section I shall be
collectively referred to as "Prearises,".1
(% Common use of'roadways, driveways, and off-street parking to access the
Pre rnises.
D. Space necessary to run wiring/coax from County equipment to electrical
supply and to County antenna located on the antenna tower,
FF, paragraph 2.1 of Section 2.'FERM AN WrERM [NATION, ofthe Agreement is amended,
as of the effective date of this First Amendment, to read as follows:
Page I of 5
111319(.)0 COMMUNICATIONS SKITER CITY OF REDDING
FIRST AMENDMENT
DocuSign Envelope ID: B38B2211-8D6E-441C-8152-C90520EE9A96
DocuSign Envelope ID: B38B2211-8D6E-441C-8152-C90520EE9A96
Section 2. TERM AND TERMINATION:
2.1 Initial Term. The Premises are leased for an initial term of thirty years
commencing July 1, 2010, and ending June 30, 2040, or such earlier date as
this lease may terminate as provided in this agreement, except that if the
termination date falls on a Sunday or a holiday, then this lease shall end at
12:00 o'clock noon on the business day next preceding that day.
III. Section 3. RENT, of the Agreement is amended, as of the effective date of this First
Amendment, to read as follows:
Section 3. RENT:
Lessor shall not receive any rent or monetary compensation for the use of the
Premises. Consideration for the use of the Premises is that County shall use the
Premises for public safety and emergency medical communications that benefit all
citizens of the County of Shasta including the residents of the City of Redding
IV. Section .4. USE OF PREMISES, of the Agreement is amended, as of the effective date of
this First Amendment, to read as follows:
Section 4. USE OF PREMISES:
County shall use and occupy the Premises for the purposes of housing and operating
public safety and emergency medical communications equipment and related
equipment such as, but not limited to, coax, power amp, and antenna. The Premises
shall be used for no other purpose without the written consent of Lessor. Such
consent shall not be unreasonably withheld.
V. Section 13. NOTICES, of the Agreement is amended, as of the effective date of this First
Amendment, in its entirety, to read as follows:
Section 13. NOTICES:
A. All notices required or authorized by this agreement shall be in writing and
shall be deemed to have been served if deposited in the United States mail,
postage prepaid and properly addressed as set forth below (three days after
deposit). Notice given by any other means that is actually received shall also
be effective with respect to the receiving party. Changes in contact person
or address information shall be made by notice, in writing, to the other party.
Page 2 of 5
HILL 900-CONMfMCATIONS SHELTER CITY OF REDDING
FIRST AMENDMENT
DocuSign Envelope ID: B38B2211-8D6E-441C-8152-C90520EE9A96
DocuSign Envelope tt B38E ' 1.8D6 1 -8152-C905 0EE9A96
If t o City::
lleathcr Gustafson
Project Coordinator - Technical
Information 7echnol a y
City of Redding
777 Cypress Avenue
Third floor
Redding, CA 96001
11
u u—statee itis kig
If to County:
Captain Gene Randall, MS
Shasta County Sheriff's Office
:300 Park Marina Circle
Redding, CA 96001
And to
County ExecrttiVe Officer
County of Shasta
And to 1450 Court Street
City Manager Suite 308A
City of Redding _ Redding, CA 6001-167
City !tall
777 Cypress Avenue
Redding, CA 96001
fl. __ Unless otherwise stated in this agreement, any written or oral notices on
behalf f the County as provided for in this agreement may be executed
and/or exercised by the County Executive Officer or their designee:
1. Section 18. COUNTERPARTS/ELECT RON IC, FACSIMILE, AND PDF SIGNATURES
of the Agreement is added, as of the effective date of this First Amendment, to read as
follows:
Section 18, COUNTERPARTS/ELECTRONIC.FACSIMILE. AND PDF
SIGNATURES.
RES
This agreement may be executed in any number of"ctaunter arts, each of`which will
be an original, but all of which together will constitute one instrument. Each Party
of this agreement agrees to the use of electronic signatures, such as digital
signatures that meet the requirements of the California Uniform Electronic
Transactions Act "Ci "f`A"Cal, Civ, Code §§ 1633.1 to 1633.17), for executing
this agreement. The Parties further agree that the electronic signatures of the Parties
included inthis agreement are intended to authenticate this writing and to have the
same force and effect as manual signatures. Electronic signature means an
electronic sound, symbol, or process attached to or logically associated with: an
electronic record and executed or adopted by a person with the intent to sign the
electronic record pursuant to the C" JE°f4A as amended from time to time. The
CCJETA authorizes t use of an electronic signature for transactions and: contracts
antong Parties in California, including a government agency. Digital signature
means an electronic identifier, created by computer, intended by the party using it
to have the same farce and effect as the use of a manual signature, and shall be
reasonably relied upon by the Parties. For purposes of this section, a digital
signature is a type of "electronic signature" as defined in subdivision (h) of Section
1633.2 of the Civil Cade. Facsimile signatures or signatures transmitted via pdf
document shall be treated as originals for all purposes.
Page 3 of 5
HILL 900 COMMUNICATIONS StIELTER
CITY OF REDDING
DocuSign Envelope ID: B38B2211-8D6E-441C-8152-C90520EE9A96
DocuSign Envelope ID: B38B2211-8D6EL44IC-8I52-C90520EE9A96
VII. REAFFIRMATION
In all other respects, the Agreement, as'amended; .and any attachments, remains in full force
and effect.
VIII. ENTIRE AGREEMENT
The Agreement, as amended, and: any attachments,- constitute the entire understanding
between County and Lessor.
IX. EFFECTIVE DATE
Unless otherwise provided, this First Amendment shall be deemed effective as of the last -
date it is signed by both Parties.
I- SIGNATURE PAGE FOLLOWS
W
Page 4 of 5
HILL 900 COMMUNICATIONS SHELTER CITY OF REDDING
FIRST AMENDMENT
DocuSign Envelope ID: B38B2211-8D6E-441C-8152-C90520EE9A96
Doc sign Er velope iD; 838B2211-BD6E-44IC-BI52-C90520EE9A96
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment tee the
Agreement. y their signatures below, each signatory represents- that they have the authority to
execute this First Amendment and to bind the Party on whose l ehalftheir° execution is made.
COUNTY OF SHASTA
Date:4ICI;II L',Cl'l, ,ll
Board of Supervisors
County of Shasta
'Mate cel°Calitrnia,
°FFEST
DAVID J. RIC" ERT
Clerk of the Board of Supervisors
Deputy
Approved as to form:
C:iRE'rC l -]tsps M. STUHR
Interim County Counsel
By: �..
T ri
Senior Deputy County Counsel
Date: ....
A"ITEST:
Sharlene Tipton. City Clerk
By
it. e 00 to ONIMi NIC TI€INS "Si ilii ` ER
FIRST AMENDMENT
RISK MANAGEMENTAPPROVAL.
By:
Jar7l a
Risk Manager 111
LESSOR
By:
TANESSA AUDEIrl E, MAYOR
Approved as to form
Christian Curtis, City Attorney
By:
Page 5 of,55
CITY OF RE;E)DIN
STAFF REPORT
BOARD MEETING DATE: February 27, 2024
CATEGORY: Consent Calendar 1
SUBJECT: Approve an amendment to the agreement with the City of Redding for leased space at
the Hill 900 repeater site which modifies the terms.
DEPARTMENT: County Administrative Office
SUPERVISORIAL DISTRICT #: District 1
DEPARTMENT CONTACT: Bryce Ritchie, Administrative Analyst, (530) 225-5561
STAFF REPORT APPROVED BY: David J. Rickert, County Executive Officer
Vote Required? General Fund Impact?
Simple Majority Vote No Additional. General Fund Impact
RECOMMENDATION
Approve an amendment to the agreement with the City of Redding for leased space at the Hill 900 repeater site which updates the
acceptable use of the premises, extends the term by 10 years, corrects miscellaneous grammatical errors, updates the notice
information, and adds a counterparts and electronic signature provision.
DISCUSSION
In 2011 the County and the City of Redding entered into an agreement for the City to lease space at their Hill 900 communications
shelter to the County for installation and operation of repeater equipment. The current equipment is being upgraded and additional
space is needed. The equipment is critical to communications for the Shasta County Sheriff's office. Staff is using this amendment
as an opportunity to extend the term and update and correct information in the agreement. There is no compensation as part of this
agreement.
ALTERNATIVES
The Board could choose not to approve the amendment. The new equipment purchased as part of the project would not be able to
be installed.
OTHER AGENCY INVOLVEMENT
The Sheriff's office has been involved in the preparation of the amendment. County Counsel has approved the amendment as to
form. Risk Management has approved the amendment. The recommendation was prepared by the County Administrative Office.
FISCAL IMPACT
There is no compensation as part of this agreement.
ATTACHMENTS:
1: Draft Amendment
Page 1
23 of 506
NDV 0=1 2011
REAL PROPERTY LEASE AGREEMENT
THIS LEASE is made between City of Redding, a political subdivision of the
State of California, hereinafter referred to as "Lessor," and the County of Shasta, a
political subdivision of the State of California, hereinafter referred to as "County." The
Lessor and the County, collectively, shall be referred to as the "Parties."
Section 1. PREMISES:
Lessor is the owner of certain real property located at Hill 900 (as shown
on Exhibit A, attached hereto and incorporated herein), Redding, California, and that
shall be referred to as the "Site." Lessor leases to County the following property:
A. Approximately four square feet of floor space located within the
communications building, as shown on Exhibit A, at the Site.
B. Approximately four square feet of space on the antenna tower, as shown
on Exhibit A, located adjacent to the communications building at the Site.
[The space described in subsections A. and B. of this Section 1 shall be
collectively referred to as "Premises."]
C. Common use of roadways, driveways, and off-street parking to access the
Premises.
D. Space necessary to run wiring/coax from County equipment to electrical
supply and to County antenna located on the antenna tower.
Section 2. TERM AND TERMINATION:
2.1 Initial Term. The Premises are leased for an initial term of twenty
years commencing July 1, 2010, and ending June 30, 2030, or such earlier date as this
lease may terminate as provided in this agreement, except that if the termination date falls
on a Sunday or a holiday, then this lease shall end at 12:00 o'clock noon on the business
day next preceding that day.
Hill 900 Communications Shelter � � L/�/ /� Page 1 of 11
2.2 Holding Over. Any holding over shall be on a month-to-month
tenancy on the same terms and conditions and all provisions of this lease agreement shall
remain in full force and effect on a month-to-month tenancy unless and until either party
gives 30 days written notice to the other, and County's tenancy shall terminate 30 days
following the last day of the month in which such notice is given.
2.3 Termination Due to Contamination. Notwithstanding any other
provision of this lease, County shall have the right to terminate this lease should
problems with asbestos, lead, mold or fungus contamination arise which would cause
County to expend funds to eliminate the problems in order to continue its tenancy.
County shall have no liability for any repairs occasioned by asbestos, lead, mold, or
fungus problems, and has the option to terminate this lease should County reasonably
determine that any such problem exists.
2.4 Early Termination. Either Party may terminate this lease without
cause upon forty-five (45) calendar days' written notice to the non -terminating party. The
City Manager, or his designee, shall have authority to affect termination on behalf of the
Lessor. The Board of Supervisors or County Administrative Officer or his/her designee
may affect termination on behalf of the County.
Section 3. RENT:
Lessor shall not receive any rent or monetary compensation for use of the
Premises. Consideration for the use of the Premises is that County shall use the Premises
for emergency medical communications that benefit all citizens of the County of Shasta
including residents of the City of Redding.
Section 4. USE OF PREMISES:
County shall use and occupy the Premises for the purpose of housing and
operating emergency medical communications equipment and related equipment such as,
but not limited to, coax, power amp, and antenna. The Premises shall be used for no
other purpose without the written consent of Lessor. Such consent shall not be
unreasonably withheld.
Hill 900 Communications Shelter Page 2 of 11
Section 5. SERVICES AND UTILITIES:
5.1 Lessor's Obligations. Lessor shall pay all charges for electricity,
gas, telephone, garbage removal, custodial services, common area utilities, sewer and
water service serving the Premises, and all costs associated with taxes and insurance on
the Premises.
5.2 Government Restrictions. In the event of imposition of federal,
state, or local government controls, rules, regulations, or restrictions on the use or
consumption of energy or other utilities during the term of this lease agreement, both
Lessor and County shall be bound thereby. Any costs associated with compliance shall
be paid by the Lessor unless such costs are directly related to the conduct of County's use
of the Premises.
Section 6. MAINTENANCE AND REPAIRS:
6.1 Lessor's Obligations.
6.1.1 Lessor shall, during the term of this lease or any extension
of the term, furnish all light bulbs and/or tubes, and provide and maintain in good repair
and tenantable condition, at Lessor's own cost, the Site building and tower shown on
Exhibit A, together with appurtenances, rights, privileges and easements belonging or
appertaining thereto including the following: floors, building structural integrity, access
roads, parking lots, fencing, walks, roof, walls, doors, windows, and other elements of
the building and tower.
6.1.2 Lessor shall pay the costs of ordinary and routine
maintenance and any repairs and/or replacement of any plumbing systems and fixtures,
electrical systems and fixtures, and temperature control equipment serving the Premises.
6.1.3 Lessor shall, at Lessor's own cost, promptly make repairs
to areas of water intrusion and replace any building materials that show signs of current
or previous water intrusion.
6.1.4 Lessor shall provide access to County, County's employees,
agents, contractors and subcontractors to the Premises twenty-four (24) hours a day, seven
(7) days a week, at no charge to County. Lessor represents and warrants that it has full
rights of ingress to and egress from the Premises, and authorizes limited rights to County to
the extent required to construct, maintain, install, and operate County's equipment on the
Hill 900 Communications Shelter Page 3 of 11
Premises. County shall provide two-hour advanced notice by telephone that the County or
County's representative requires access to the Premises. The notification shall be made by
calling 530-224-6068 anytime on any day. County shall provide the name or names of
persons requiring access and the purpose and duration of the visit to the Premises.
Notwithstanding the preceding notification requirements, if there is an equipment system
issue that needs urgent attention, County or County's designee as authorized by the County
Administrative Officer shall make immediate telephone notification due to the urgent
situation.
6.1.5 Lessor shall, at its earliest opportunity, notify County about
any observed structural and/or mechanical issues that may impact the integrity and/or
operation of the emergency medical communications equipment components.
6.2 County's Obligations.
County shall provide Lessor with a current emergency contact list
for equipment, building, and/or tower issues.
6.3 Compliance with Law.
Lessor and County shall each do all acts required to comply with
all applicable laws, ordinances, regulations and rules of any public authority relating to
their respective maintenance obligations as set forth herein. Any costs associated with
compliance shall be paid by Lessor unless such costs are directly related to the conduct of
County's business within the Premises.
Section 7. ALTERATIONS:
County, with Lessor's written consent, which shall not be unreasonably
withheld, may make any alterations to the Premises, or any part of the Premises that
County deems appropriate and necessary. All improvements made by County to the
Premises which are attached to the Premises so that they cannot be removed without
material injury to the Premises shall become the property of Lessor upon installation.
Not later than the last day of the term of this lease, County shall, at County expense,
remove all of County's personal property and those improvements made by County
which have not become the property of Lessor, including trade fixtures, cabinet work,
moveable paneling, partitions and the like; repair all damage resulting from the
Hill 900 Communications Shelter Page 4 of 11
installation or removal of such property and improvements; surrender the Premises in as
good order, condition or repair as they were in at the beginning of the term, except for
reasonable use and wear thereof, and damage by fire, the elements, casualty, act of God
or other cause not due to the misuse or neglect of County or County's officers, agents,
employees or visitors; and remove at County's expense any signs, notices or displays
placed or installed by County. .
Section 8. ASSIGNMENT AND SUBLETTING:
8.1 Lessor's Consent Required. County shall not assign this lease, or
any interest therein, and shall not lease or sublet said Premises, or any part thereof, or any
right or privilege appurtenant thereto, without the written consent of Lessor, which
consent shall not be unreasonably withheld. Consent to one assignment or subletting
shall not be construed as consent to any subsequent assignment or subletting. Unless
such consent has been obtained, any assignment or transfer, or attempted assignment or
transfer of this lease, or of any interest therein, or subletting, either by voluntary or
involuntary act of County, or by operation of law or otherwise, shall, at the option of
Lessor, terminate this lease, and any such purported assignment, transfer or subletting
without such consent shall be null and void.
8.2 Release of County. In the event of an assignment of this lease
agreement, which is approved by Lessor, whereby such successor in interest agrees to be
bound by all the terms, covenants and conditions of the lease, County shall be relieved
from all obligations and liabilities occurring thereafter on the part of the new tenant.
Section 9. INDEMNITY:
9.1 County's Indemnification. County shall indemnify and hold
Lessor harmless from and defend Lessor against any and all claims of liability for any
injury, death, or damage to any person or property occurring in or on the Site when such
injury, death or damage is caused in part or in whole by the neglect, fault or omission of
any duty with respect to the same by County, its agents, contractors, or employees.
County shall further indemnify and hold Lessor harmless from and against any and all
claims arising from any breach or default in the performance of any obligation on
County's part to be performed under the terms of this lease, or arising from any
Hill 900 Communications Shelter Page 5 of 11
negligence or wrongdoing of County or any of its agents, contractors, or employees and
from and against all costs, attorney's fees, expenses, and liabilities incurred in the defense
of any such claim or any action or proceeding brought thereon. If an action or
proceeding is brought against Lessor by reason of any such claim, County, upon notice
from Lessor, shall defend the same at County's expense provided, however, that County
shall not be required to defend nor be liable for damage, injury, or death occasioned by
the active or passive negligence or intentional acts of Lessor or its agents, contractors, or
employees. Lessor shall provide notice to County within 10 days of receipt or notice of
any claim.
9.2 Lessor's Indemnification. Lessor shall indemnify and hold
County harmless from and defend County against any and all claims of liability for any
injury, death, or damage to any person or property occurring in, on, or about the Site
when such injury, death, or damage is caused in part or in whole by the neglect, fault, or
omission of any duty with respect to the same by Lessor, its agents, contractors, or
employees. Lessor shall further indemnify and hold County harmless from and against
any and all claims arising from any breach or default in the performance of any
obligation on Lessor's part to be performed under the terms of this lease, or arising from
any negligence or wrongdoing of Lessor, or any of its agents, contractors, or employees
and from and against all costs, attorney's fees (including fees of County Counsel),
expenses, and liabilities incurred in the defense of any such claim or any action or
proceeding brought thereon. If an action or proceeding is brought against County by
reason of any such claim, Lessor, upon notice from County, shall defend the same at
Lessor's expense provided, however, that Lessor shall not be liable for damage or injury
occasioned by the active or passive negligence or intentional acts of County or its agents
or employees. County shall be required to provide notice to the Lessor within 10 days of
receipt or notice of any claim.
Section 10. DAMAGE OR DESTRUCTION AND INTERFERENCE:
10.1 In the event of any damage to or destruction of the Premises or the
Site, or any portion of the Premises or the Site, at any time during the term or extended
term of this lease, Lessor will promptly repair, replace, restore, and renew the good
condition, order, and repair of the Premises or the Site except as to any damage to or
Hill 900 Communications Shelter Page 6 of 11
destruction of the Premises or any portion of the Premises or the Site that is damaged or
destroyed by the sole conduct of County. Lessor or County may, in writing delivered to
the other party within 30 days after the damage or destruction, terminate the lease as of
the date of the damage or destruction if the repair, replacement, restoration, or renewal
would likely require more than three months to complete or if the damage or destruction
occurs within the final 12 months of the term.
10.2 County agrees to install and maintain equipment of the type and
frequency which will not cause harmful interferences which is measurable in accordance
with then existing industry standard to any equipment of Lessor or other licensees/lessees
at the Site which existed at the Site prior to the date this lease is executed by the Parties.
In the event any after -installed County equipment causes such interference, and after
Lessor has notified County in writing of such interference, County will take all
commercially reasonable steps necessary to correct and eliminate the interference,
including but not limited to, at County's option, powering down such equipment and later
powering up such equipment for intermittent testing. Except as provided in Section 2.4,
in no event will Lessor be entitled to terminate this lease or relocate the equipment as
long as County is making a good faith effort to remedy the interference issue. Lessor
agrees that Lessor and/or any other tenants at the Site who currently have or in the future
take possession of the Premises will be permitted to install only such equipment that is of
the type and frequency which will not cause harmful interference which is measurable in
accordance with then existing industry standards to the then existing equipment of
County. The Parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Section and therefore, either Parry shall have
the right to equitable remedies, such as, without limitation, injunctive relief and specific
performance.
10.3 County will resolve technical interference problems with other
equipment located at the Site or any other equipment that becomes attached to the Site at
any future date when County desires to add additional equipment to the Site. Likewise,
the Lessor will not permit or suffer the installation of any future equipment by a third
party which (a) results in technical interference problems with County's then existing
equipment, or (b) encroaches onto the Site. County agrees and hereby waives any claim,
suit or action in law or equity against Lessor for temporary interference with its rights
Hill 900 Communications Shelter Page 7 of 11
under this lease due to construction and/or maintenance activities occurring on the
Premises.
Section 11. EMINENT DOMAIN:
If all or any part of the Premises are taken or appropriated for public or
quasi -public use by right of eminent domain with or without litigation or transferred by
agreement in connection with such public or quasi -public use, either party shall have the
right, at its option, exercisable within 30 days of receipt of notice of such taking, to
terminate this lease agreement as of the date possession is taken by the condemning
authority. In the event of a partial taking which does not result in a termination of the
lease; rent shall be abated in the proportion which the part of the Premises made unusable
bears to the rented area of the Premises immediately prior to the taking. All
consideration, compensation, damages, income, rent, awards, relocation expenses, and
interest that may be paid or made in connection with any taking will be divided between
the parties as their respective interests may appear as determined by the condemning
authority.
Section 12. DEFAULT:
If either the Lessor or County fails to comply with any of the material
provisions of this lease, notice of such default shall be served on the defaulting party
pursuant to the notice provisions of Section 13 and the defaulting party shall have 10
days from receipt of the notice of default to cure said breach. In the event the default is
not cured within the 10 -day period, the noticing parry may terminate the lease.
Section 13. NOTICES:
Unless otherwise provided, notices required by law or by this lease to be
given to either party shall be in writing and may be given personally or by depositing the
same in the United States mail, postage prepaid, and addressed to either party as set forth
below. If notice is mailed, notice shall be deemed to have been given three days after
mailing. When oral notice is authorized by this lease, it shall be deemed to be effective
immediately.
Hill 900 Communications Shelter Page 8 of 11
If to Lessor: City of Redding
Director of Support Services
777 Cypress Avenue
Redding, CA 96001
Phone: 530-225-.4303
Fax: 530-225-4542
Copy To: Paul Landis
City of Redding
777 Cypress Avenue
Redding, CA 96001
Copy To: Jon McCain
City of Redding
777 Cypress Avenue
Redding, CA 96001
Copy To: Conrad Tona
City of Redding
777 Cypress Avenue
Redding, CA 96001
If to County: County Administrative Officer
1450 Court Street, Suite 308A
Redding, CA 96001
Phone: 530-225-5561
Fax: 530-229-8238
Copy to: Branch Director of HHSA Business and Support Services
1810 Market Street
Redding, CA 96001
Phone: 530-225-3749
Fax: 530-225-5505
Section 14. GOVERNING LAW:
All questions with respect to construction of this lease and the rights and
liabilities of the parties hereto shall be governed by the laws of the State of California.
Any dispute arising hereunder or relating to this lease shall be litigated in the State of
California and venue shall lie in the County of Shasta.
Section 15. INUREMENT:
Subject to the restrictions on assignments as herein contained, this
agreement shall inure to the benefit of, and shall be binding upon the assigns, successors
in interest, personal representatives, estates, and heirs of the respective parties hereto.
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Section 16. ENTIRE AGREEMENT:
This instrument along with any exhibits or attachments hereto constitutes
the entire lease between Lessor and County relative to the Premises. This lease and any
exhibits or attachments may be altered, amended, or revoked only by an instrument in
writing signed by both Lessor and County. Lessor and County agree that all prior or
contemporaneous oral agreements between their agents or representatives relative to the
leasing of the Premises are written into or revoked by this lease. If any provision
contained in an exhibit or attachment to this lease is inconsistent with any other provision
herein, the provision contained in the exhibit or attachment shall control, unless otherwise
provided in the exhibit or attachment.
Section 17. ATTORNEY'S FEES:
If any legal action is brought by either party for the enforcement or
interpretation of this lease, for remedy due to its breach, for recovery of the Premises, or
in any other way arising from the terms of this lease, the prevailing parry shall be entitled
to recovery reasonable attorney fees (including fees of County Counsel), costs, and other
litigation expenses which shall become a part of any judgment in the action.
[SIGNATURE PAGE FOLLOWS]
Hill 900 Communications Shelter Page 10 of 11
IN WITNESS WHEREOF, the parties have executed this lease agreement
on -Z e By their signatures below, each signatory
L
represents e =rsZ�has theauthority to execute this lease, and to bind the party on
whose behalf his or her execution is made.
ATTEST:
LAWRENCE G. LEES
Clerk of the Board of Supervisors
By: (�L
41 �0-- - -�-kiKl-
Deputy
RUBIN E. CRUSE, JR.
County -Counsel
Bv:
James Ross
Assistant County Counsel
DATM12, 2,(
- 2011
ATTEST:'
P '*
SLA I "-, CittyA7,r1 �rk
Hill Communications Shelter
COUNTY OF SHASTA
Les Baugh, Chainnan
Board of Supervisors
County of Shasta
State of California
NOV 0 12011
RISK MANAGEMENT APPROVAL
0
CITY OF REDDING
Dick Dickerson, Mayor
FORM APPROVED:
RICHARD A. DUVERNAY
City Attorney
x
By
K
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Building EXHIBIT A
HILL 900 Lease Agreement
Page 1 of I