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Home My WebLink About _ 4.6(b)--Lease Agreement with EDC of Shasta County at 777 Auditorium Drive � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: October l,2024 FROM: Travis Menne, Director of ITElVI NO. 4.6(b) Community Services ***APPROVED BY*** � ��" �� Nri�� k?�,� _ � �,, a,,.� ��v� � , Tram=is ra�nc�,�' �rt�c r��`�irii�'unit�.�'ae��ices �?�13f?t1�� rS' �P�it�,C�i ��t t' �7,'2:?;'2{}? tmenne@cityofredding.org btippin@cityofredding.org SUBJECT: 4.6(b)--Lease Agreement with the Economic Development Corporation of Shasta Count at 777 Auditorium Drive Recommendation Authorize and approve the Mayor to execute the Land and Building Lease Agreement (C-7786) with the Economic Development Corporation of Shasta County for the City of Redding-owned property located at 777 Auditorium Drive, for a five-year term to September 30, 2029, with a monthly rental rate in the amount of$3,142.53. Fiscal Impact For the initial two years, annual rent revenue generated by the Land and Building Lease Agreement, G7786 (Lease Agreement) will be $37,710.36. The rent revenue enables the City of Redding (City) to collect and allocate funds for building maintenance costs, including expenses for HVAC service contracts and pest control. It also offsets future replacement costs for flooring, roofing, and repaving the parking lot at this facility. Alternative Action The City Council could decline to approve the lease agreement with the Economic Development Corporation of Shasta County (Shasta EDC) and direct staff to prepare a solicitation for a new tenant, or provide staff with alternate direction. Background/Analysis The Community Services Department is responsible for managing several lease agreements, including offices located at 777 Auditorium Drive. The building was constructed in 1985 to accommodate the operations of the Convention and Visitors Bureau. In June 2010, the City entered into a contract for tourism marketing services with the Shasta Cascade Wonderland Association, and the offices at 777 Auditorium Drive were vacated. From November 2011 until January 2018, the building was leased to a real estate firm, Report to Redding City Council September 25, 2024 Re: 4.6(b)--Lease Agreement with EDC of Shasta County at�7�Auditorium Drive Page 2 The existing Land and Building Lease Agreement dated August 24, 2018, between the City and the Shasta EDC provided for a three-year lease term with three additional one-year options to extend the term for a total of six years. The agreement expired on September 30, 2024. Staff and the Shasta EDC worked together to evaluate and update the existing lease. The resulting Lease Agreement is attached. Highlights of the agreement include: Section 2. Term; Possession: • 5-year term; • Expiration date of September 30, 2029; and • Option for three additional one-year options to extend the term (referred to as Option Term) with mutual consent; Expiration date of September 30, 2032. Section 3. Rent and Other Charges: • Tnitial monthly rent of$3,142.53 for the first year of the initial term; and • 3 percent annual increases, which also includes Option Terms. Section 4. Utilities and Water: • Shasta EDC pays for utility expenses and security supplied to the premises. Section 10. Maintenance: • City provides landscape maintenance; and • City maintains, repairs and/or replaces plumbing and roof coverings. Environmental Review The adoption of this lease is categorically exempt from environmental 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 adoption of this lease does not expand the use of the facility. Council P�io�ity/City ManageN Goals • 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 Shasta EDC Lease Agreement signed by President Previous Lease Agreement C-7786 - lst Amendment - 2021 -EDC of Shasta County C-7786 - 2nd Amendment - 2022 - EDC of Shasta County C-7786 -3rd Amendment- 2023 - EDC of Shasta County LAl�T A� �IJ�� I11�+G I.EASE A� El�/I�I�i'� THIS LAND ANI� BUILIDING LEASE AGR:EEMENT (this "Lease" or "Lease Agreeinent"), dated for reference purpases only as c�f September 9, 2024,is made and entered into �iy and between the CITY (�F REDDING, a Mtitilicipal Corporation and General Law City; hereinafter zeferred ta as the '"Lessor�," and the ECONOMIG DEVELOPIVIENT C(�RPt3RATIUN OF SHASTA C{)UNTY, a Califal-nia Nonprofit Carp�ration, hereinafter referred tc�as "Lessee". Tlzis Lease shail be effective as of the date and year it is signed and delivered by bath Lessor and Lessee {the "Effective Date"). �rVITNESSETH: E A.�, Lessc�r ov�m� certain land, and improvelnents thereon cansistinb of approximately 2,13fi1 square feet of space, commoniy knc�wn as 777 Auditorium Drive, Reddin�;, Califoriliay and more particularly described and shown on Exhibit "A'" att�ched hereta ai�d by this reference made a part hereof(the "Prelnises"); arld VU � �S, the' Pr�mises are not needed for municipal plirpases in tf�:e im�nediate fiiiure; and W � r��,Lessor desires to lease the Premises to Lessee, aild Les'see desires ta lease tlze Premises frt�m Lessor, c�n the terms and conditions s�t forth lierein. �1��6',T' E �t� ,I'T IS r�� by a�zd between the parties hereto as foliaws: l4 �G � �I�IT T' LEASE Lessor hereby Ieases the Premises tc� Lessee, and Lessee hereby leases the Premises frc�nx Lessaz,Lipon and subject to aIl of the terms,conditions, covenants and agreements set forth hereill: �o '�'E�1VI; ��ESSI�l�t A. The initial ternz of this Lease shall commence on the Effective Date and shall expire on September �(?, 2029, unless soc�ner tersninated as provided hereill (tlie "'Initial Term") Lessee may, with the consent of Lessor; exteilci tlle term of tl�is Lease for tl�ree (3} additional periads af one (1) year each (�ach, a11 "Optian Terin"): Lessee shall provide notice of its intent to exercxse such Options by giving Lessar written notice of Lessee"s exerci�e af such Qption(s} at least sixty(60) days prior to the expiration of the Initial Terzn ar immediately preceding Option Term, as tl�e case lnay be. Less�i: s11a11 graa�t ar withl�ald its cansei�t ta eacl� sucl� �xtension, if a��y, by delivering writt�il i�atice thereof to Lessee witl-�in thirty{30) days followin� Lessor's receipt af Lessee's exercise notice. AlI terms, covenant� a11d conditions of this Lease shall remaiil in effect during each Optioix Term, except that the rn�nthlg��ent s��Il be increa�ed an�u�lly by�h�°�� percent(3%)at�he eom�ra��c��ent 4f��c� �ption'I'e�m,if any(and shall continLte Laizd aild Building Lease Agreement— Shasta ET�C 1 at that amount dliril�g the remaii�der af that Option Term). The Iilitial Terin and all t�ption Terms, if any, are hereinafte� sometilnes referred to call��tiv�ly �s �h� W r��I"flfl1'°, B. Lessee s1za11 be entitled to tei7ninate this Lease, upoz3 tliirty (30} days writtei�n�tice to Lessor,in tlle event of�rnaterial redttctiaii in Lessee's funding in any fiscal year during the Term. For �Girposes of this Lease, Lessee sha11 be deelned to have suffered a material reduction in its fiiilding if Lessee's annual revenues during any fiscal year af Lessee durilzg the Ter�n are; or are expected to be, less than ninety percent (90%0} af Lessee's anntral revent�es dtzring the prececliizg fiscal year afLessee.Lessee"s fail��re to exercise such terininatioii right with respect to any given fiscal year d�iring the Term shall not Qperate as a waiver of Lessee's ri'ght ta teimiilate this Lease with respect to any later fiscal year d�.u`ing tl�e Terin. C. Lessee shall be given passession af the Pre��ises upon the EffectzVe Daie. 3. 1°�T f4�T �T E �IIIIA�t�� A. Con��nencing o�i the Effective Date, and cc�ntinr.iii�g throughout the remainder of the Initial Term of this Lease, Lessee shall pay monthly reilt to Lessor in the amolint of� Th�-ee Thousand(Ji�e Hlmdred and Forty-Two a�1d 53I1001�ollars ($3,142;5�): B. Rent shall be payable;, �nonthly, in advance, on or before the first (1 St) day of each calendar month dliring tlle Term. Except as otherwise provided in Sectian 3.A, in the event this Lease camnzences or the date of expiration c�r terminatian of t11is Lease occurs other than on t17e first or last day of a calenda�inantlr, the rent for such nlo�zth s11a11 be proratet� based upon the act��al ntunber af days of such n�ontlY, Lessar is entitled to callect fram Lessee, and Lessee agrees to �ay Lessot:, upon invoice; any flther fees and charges set forth herein. Az1y rentals, fees, ai7d cllarges more than thii-ty (30} days past dLte shall be subject to a service charge of one and ane-lialf percel�t (1.5%)per month, based on an annual rate of eighteen percei�t(I8%}; c�r the maximum rate allowed by law, if lower. Witllout pr�judice to aizy other remedy wllich otherv✓ise might be used far l�on-paym.ellt of rent, fees, an� charges, or other br-each afthis Lease, if Lessor is required or elects to pay any s�,�m or slims or izlcurs any abligatioll ar expense by reason of a failur�,neglect, or refi,�sai of Lessee to perform any one or more of the terms, coilditians, cavenants ofthis Lease; or as tl�e res�ilt of any act or omissiaiz af Lessee contrary ta said terms, coi�ditic�ils, or covenallts, the surn ar sums so paid by Lessar, including all inter•est; costs, damages ar penalties, �nay be added, after thirty (3(7) days written notice by Lessor ta Lessee, to an ilzstalln�elit or rent thereafter due hereunder, anc�each and every day thereafter tlle sarne shall be and becoine additional rent recoverable by Lessor in the same manner and with Iike remedies as though it were originally a part of the l:ent as set�oi-th herein above. C. 4n Septenzber 3Oth of 2026,the n�onthly rent shall be increased by tliree percent(3°l0). The monthly rent w�ll incr�ase again c�n September 30th af each remaining�ear of the Laizd aild Building Lease Agreement—S1lasta EI)C 2 Ii�itial Term and at the camnleilcement of each Optian Term by tllree percent (3%} of the preceding year's rei�tal rate. 4. IT'TII.,I'TI�� l�I �A�'�ff� Lessee sha11 pay for the fallo�vinb separately metered ar irzv�iced utility services supplied ta Lessee at the Premises> sewer; electricity (incli�ding �lectricity for any exterior lights on the btiilding),natural gas, solid waste,telephone,security;and cable televisi�rl. Lessee shall also pay for all domestic anci landscaping �vater supplied to Lessee at tl�e Premises t��augh City of Reddiisg Water Meter No. 18437824 {bi�t not for any Iandscapir�g water supplied throug�i any other water zneter). Lessor shall be respc�i�sible for t11e cost of aily landscaping water prov�ded through any other water lneter. �. T'A�E� A. Lessee shall pramptly pay any taxes assessed against its personal pro�aerty, ancl any possessory interest tax levied by reasan of its occupancy af the subject Pr�inises. B. Lessee is advised pLirsuant ta Re�enlie and Taxatioi� Cade 1 Q7.6 that a possessory i��terest st�bject ta taxatic�n inay be created by the grant af this Lease to Lessee. C: In tl�e evea�t a passessory interest subject to taxation is created by this Lease, Lessee shall apply for aizy available exempt�Qn to tile obligation ta pay possessory interest taxes in c�nnection with this Lease: 6< U�� ll�'P I�� A. The Premises shall be used by Lessee foi the normal and custamary activities relatec� to a business office of Le�see and far no other purpose without the prior written collsent of Lessol;which shall not be unreasonably withheld. Izi additio��,no avernigl�t lc�dging for any reasan whatsaever shall be permitted an the leased Preinises; B. It is the 'riztent of this Lease Agreement tll�t the Premises shall be used primarily for office fi.tnctians, and shall nat generally include entertainment, lodging, zetail, food or beverage services, Natwithstanding tlle faregoing, Lessee shall be entitled ta conduct vusiness social and ather eveilts at the Prernises where faad and beverages are served and/or which involve t11e use of music c�i public=address systenls ii� the b�iilding and parkiilg l�t. Less�e will take precatitions not to iizconvenience or distL�rb the st�rrounding occupants as a res�lt of any sucl� activities. C: No act'rvities shall be coiaducted or carried an within the demised Premises in vialatian of any ordinance; law,statut�,`bylaw;order;ar rule of any gove�rnnental agenc�liaving jurisdiction tl�ereove7•. Lessor represents and warrants ta Lessee tlzat Lessee's proposed ttse of the Premises arepermitted by the appiicable zflning and otller land use regulations a�plicable to the Premises, and will not violate any recorded or l.inrecorded Land and Building Lease Agreelnent Shasta EDC 3 cove�a�lts, conditions, ar restrictions applicable to the Premises. 7. C PIC,I�.I�t�E �4'I'I'I3 L�� A. Lessor hereby advises Lessee that the Premises llave not luldergone inspection by a Certified Access Specialist (CASp), and inal�es tlze following additionai disclosure to Lessee pursuant to California law: '"A Certified Access Specialist ("CASp"} can inspect the subject premise� and determin� whether the subject premises comply with �11 af tl�e applicable constriictioYt-related accessibility standards tinde� state 1aw. Althol�glz state law does not rec�uire a CASp inspectiolz o� the subject premises, the coinmercial pzoperty owner or lessc�r may not prohibit tlle lesse� or tenant from c�btaii7iilg a CASp inspection of the subject premises for the occupancy or poteY�tial occupancy of tl�e lessee or te1la��t,if requested by les�ee ar tenant. Th� parties shall mutlially agree aix the arrangements far the time and manne�af the CASp inspectian, t11e payment c�f the fee for tl�e CASp inspectis�n,and the cosf ofinaking any i•epairs necessary to correct vialatians of construction-reiated accessibility standards within the premises."' B, Lessor represents and warrants ta Lessee that tlle Premises are in compliance with all Federal, State, and local laws, stat�ites, ordinaiices, codes; rules, orders; jLidgments; decrees, and gover�znlental regulations or requirements appli�able ta ar affecting t11e Premise�(including,but not linlited to,all"construction�•elate� accessibility standards'" as defined in Califarnia Civil Code §55,52(a)(6), as amended} (c4llectively; the "Applicable Laws"}. If it is determined that the Pr�mises do ��ot comply with the foregoing lepresentatia�l azld warranty, or if any of the Applicabie Laws are hereafter amended so as to reqltire tlle ce�nstructi�l� r�f any additiol� to or alteratian of the- Premises; Lessoi shall rectify the deficieilcy, or construct such additian to or alteration c��the Premises; at LessQr's expense. C: Less�r shall irldemnify, defend and hold Lessee harinless against ar�y and all claims; demands, liabilities, danzages; 1aw�uits, causes of acti�n {whether in tort or contract; law or equity, or otherwise}; fines; penalties, losses, cc�sts and ex�enses (includillg attarney's �ees and cc�urt costs} arisii�g out af or relatiilg tc� any faillire c�f the Premis�s t� comply with any Applicable Laws, D. During tlie Term af this Lease, Lessee shal� coinply with arl F�deral, State, a71c� local laws; statutes, ordinances, and regulations applicable to Lessee's specific use of the Premises(except that Lessee si�all nat be obligated tc�comply with an�Applicable Law that requires alterations ar improvement�tc�the Premzses, all afwl7ich shall be Lessor's respanszbility puxsuant to Section 7:B, above}. Land and Building Lease Agreelnent— Shasta EDC � 4. SE�tVI�� TC� � E ��T�I,I� Lessee sl�all inake its activities aild services ava�lable to area residents without discrinzii�ation as to race,color,creed,religiai�, sex,age,�r natiorzal origin,and sl�all refi•ain fram imposing or levyin� excessively discriminatory or atherwise unreasonable iules; charges or fees for any �.ise of the facilities ar activities; pravided, hc�wever; that Lessee sl�all have tl�e priv�lege ta i`efiise ac�inittance to any person or persans for jlist cause, but rlot to discriminate by virtue c�f race, color, cieed, religion, sex, age, or national origin. 9e ��S'�'�r�I�t� t��JI�'I' ��I� �T�'I' Lessee shall not commit nor permit tc�be committed,any waste Lipon the Premises,no�arsy IZuisanc� or c�ther act or thing which may disturb the quiet enjoylnent ar use of adjaining parcels by others, So lor�g as Lessee pays the rei�t, and perfc�rms all othei� obligatio�zs af Lessee 1leretulder, Lessor agrees tl�at Lessee shali have quiet possession azld enjoyment of the Premises for tl�e entire Term hereaf, fiee of any claiin or other action by Lessor ar anya�le claiming by, through or under LessQr. 10. �II��'E��I�t�� A. Except as otherwise provided herein, Lessee aceepts the Preinises as being in gaod condition and repair, and sha11, upoiz expiration of this Lease or �arlier terznination thereof, leave said Premises ii� as good a conditic�n alzd repair as the same are x1ow; zeasanable use and wear thereof excepted. B. I7�ring the Term ofthis Lease;Lessor shall,at Lessor's expense,maintain,repaix arZd/�r replace, if necessary, the foundations, structuzal portians af the bearin� walls, roQfinb system, roaf coverings, �lumbiilg, heating, air conditioning, ventilating, electrical and lighting fixtures and eqiiipmenta exterzor surfaces of a11 walls, skylights, exteric,r land�caping, and all sidewalks, driveways; parking areas and fences located on the Premises. C. Durii�g the Term af�his Lease, and except as provided in Se�tion 1Q.B, above, Lessee shall, at Lessee's expense, maintain and repair the interiar of t3�e btiiZding, iriclt��iing janitorial work, painting, windaw replacement if and when 1lecessar�, other minor re�airs to the interior, a11d all maintenazic� and repair of Lessee's own fixtlrres and fu�-nishings, D. Lessee shall mailitailZ any electrical appliances �wned by Lessee and required �r desired by Lessee in the use of said Preinises; E: Lessee shall arrange and pravide its own janitorial services to maintain tlle inteiic�r of said I'reinises in a neat ai�d clean condition at a1I times. La�ld and Building Lease Agreement Shasta EI)C 5 F. No outdoor storage shall be permitted an the leased Pretnises, iior is tlle 1€eeping of animals perrnitted. 11. IJSE �J�' 1' + IS��l�T� �'t� 1�1� Througl�out the Term af the le�se, Lessor shall have access to the interior of t�ie building on tl�e Prernises for the ptupose of a piiblic safety stagi�:g area on the Faurth af Jlily �reedom Festival,and five(5)c�nsite parkulg spaces sittlated betweeiz the driveways during Koc�l ApriZ Nites weekei�d and the commulzity Faurth of July Freedoln Festival� T11e parties ce�nfiz�zn and agree that Lessc�x shall slot ha�ve access to the interior af the bz2ilding on tlle Premises except on July 4th of eaclz year duri��g the Term. Les�c�r shalT provide five (5) calei�dar days w7:ittei� notice to Lessee c�f its election to reserve tile Premises aild/or parking spaces pltrs��ant to this SectiQiz. Less�r sha11 indemnify,defend and hold Le�see, and its officers, agents and �mployees;harmless fram and against any clai�ns, dernands, actiQns,c�amabes, liabilities, loss,cost ar expeilse arising o�:�t of any�.ise of tl�e Premises by Lessar pursuant tc�this Section. 1�. I �1�:C�V� EN'I'�, AI,'�"� T� N� A. Lessee shall izot rrlake flr permit anyane ta m�ke any alte�atians, decorations;additions, or impro�ements, structural ar otherwise, in or tc�tl�e Premises or the building without tl�e p�•ior written consent of Lessor; which shall not be unreasonably vvithheld. When granting its consent, Lessor may impase any 'conditian it deems reasonable and apprQpriate; including, without limitatiQn, the approval of plans atld specificatioi�s, cc�ltiditioning approval upon Lessee's cc�mmi�ment to replace and/repair any portion af the �'remises for which an alteratian, decaration� additiolz or iznprovement was approved, andlor imposition c�f insurance requirements ii1 addition to those required hereii�. Lessc�r hereby consents ta the alteratians, ac�ditions and/or impravernents to the Premises by Lessee describ�d in Exhibit "B" attach�d hereta and by this reference made a paY-t hereof, and no fiirther consent af Lessor shall be required iiz connection therevvit�{pravided that Lessee shall abtain all building permits requiYed ta camplet� such wark). Whether or nat Lessor`s consent is required, Lessee agrees to abtain and deliver to Lessor written and unconditioi�al waivers of inechaizics' arzd materialnlen's liens upon the land and bttilding, of which the Premises are a paz�t; for all work, labar and services performed ancl materials furnished by them in connection with such work, signed by a11 cc�ntractors; subcontractc�rs,materialmen,aild labarers ii�volved with such work. rf,notwithstanding the foregoing, a11y mechanics' or inaterialmen's lien is�'iled against the �'remises, the buildiilg, and/or the land for which work is claiined to have done or. materials claimed ta have been furnished to Lessee, such lien slzall be disc�iarged l�y Lessee withill thirty {30) days thereafter, at Lessee's sole cost and expense, by the payment therec�f c�r by filing ai�y bond reqL�zred by Iaw: If Uessee shall fail to discharge any sucl� mecha,nics' or rnaterialrnen's lien, Lessar may, at its option, discllarge the same azld treat the cost thereaf as additional rent payable wit11 the monthly installineizt; Lazad and Building Lease Agreement— Shasta EDC 6 of 1ei�t next beconling due, it being l�ereby expressly eovetlaiited and agreed tllat such di�charge by Lessor shall not be deemed to waive ar release the default �f Lessee in nat�iischarging the same. It is understood and agreed by Lessar and Lessee that any alterations, exterior decoratir�ns, additians; c�r ilnpr�ve�nents shall be coi�str�icted c�n behalf of Lessee� and that in the evel7t Lessar gives written consent to Lessee making any suc11 alteration, exterior decoratiozls, additions, or improvem�rlts, sl�ch writteia consent slzall not be deemed to be an agreement or cailsent l�y Lesst�r to subject Lessor's interest in the 1'rernises;ti�e building; or th�land to ai7y mecha�iics' or materialmeil's liens vvl�ich may be filed in i:espect to any such work dc�ne by or�n behalf of Lessee; B. Less�e shall indemY�ify and hold Lessor harmless fram at�d against an� and all expenses, liens, claims, oY• dam�ges to persons ar praperty which arise directly ar iildirectly by reason of the makiYlg af a�ry s�rch aiterations, e�terior decoratiol�s� additions,or improvements. If any sticl�work is do1�e without the prior written consent of Lessor; Lessor may corr�ct or rexnove the same and Lessee shall be liable for a�zy and all expenses incurred by Les�or in the perfarnzance of this worlc. A.11 alte�ations; extez:ior decorations, additians, ar in�proveinents iil c�r to the Premises ar the building made by either party shall immediately becon�e tize property ofLessor,and sllall remain upan and be surrendered with the Fremises as a part t�lerec�f at tl�e expiratioil or termination af the Term hereof without disturbance, molestatioll, or injury; pravided, h�wever, that if Lessee is not in default in the performance of arxy of its abli�atic�ns under this Lease Agreement� Lessee shall have the right to remove; prior to or within ten(10)days after the expiration or earlier terrmii�atioiz af the Term 17ereaf; all fiinTiture; fxtures, furnisllings; and ec�uipmeilt, i��stallec� in the �'remises at the expense c�f Lessee. If such property af Lessee is not removed by Le�see within such time periad, the same shaii become the property of Lesso� and shall be slurendered with the Premises as part thereof. 13. �I�I�� Lessee may piace si�xiage at the existing street lacatian and an the buildiilg ovex the City seal. Other signage may be permitted as allowed thro�.igh the Lessor's sign permit process. The Lessee may use t�e flag poles ta display variotrs flags tl�at are in suppc�rt of its missial� in ecfln�mic development ai ex�ress c�ur patriotisin for this natior�or o�.ir state. 14� ��PE�ZTY" F�.ES�EE Fixture�; ec�uipment;'and personal property c�f Lessee shall be remaved by same within ten (10) days after tZze expiration ar earlier terminatioll of this Lease Agreeznent, provided, l�owevez; that any fixture whiclz camzot be removed without damagillg said Premises shall becoine the praperty r�f Lessor. Land and Building Lease Agreement Shasta EDC 7 1Je .�1J�. . L"1 �.�. .. Le'.'�/J9 e.'.a��.iJIJ.u,�a„�t.� L�l1�RL1�H Y � �. �%J� .�. .��.e'� A; This Lease Agreement is grasltied upan the express condition tllat, except as oth�xwise pravided l�erein, Lessor, its officers, agents and employees, shall be free from any and all liability and claims for damages for pe��sanal inj�.uy, death, Qr pi:operty darl�age in any way c�l�nectecl with Lessee's use af the Premises,incltading claims of Lessee, it's officers, agentsy ein�loyees; meml�ers; ar invitees. Notwithstanding th� fc�regoi�g; Lessar shall indemnify, �efend ancl save harmiess Lessee; its officers, agents aiid employees, from any and all liabi�ity, damages, loss, cost or expellse on account of or arisi��g out �f ar�� such injury; death, or Ioss causecl by the negligei�ce or other legal fal.11t of Lessor or its c�fficers,,agents, employees, ineinbers or invitees. Lessee sl�all inderni�ify and save harmless Lessor; its af�`icers, agents and emploqees, frain aiiy anci a11 liability, loss; cost or obligation an accotint of ar arisin; out of any such injttry, death, or loss caL�sed by the negligence or other legal fault of Lessee or its officers, agents, emplayees, members ar invitee� (providecl, however, that Lessee slzall l�ave no liability tc� Lessar for any damage to the Premises or any alterations made by Lessee caused by fire or Qther caslialty that would be covered by a p4licy c�f insuia��ce desc�ibed in Section 1b.B(1),below,and�in the event ofany slich damage, Lessc�r shall rely salely on Lessor's self-iizsurance and/or the proceeds of the insurai�ce policies, if any;maintained by Lessor and/or Lessee pur�uant to Section 16, belaw}. B: Unless mddified in writing by City's Risk Manager, Lessee shali maintain the following noted instirance during the duration of the Corltract; Cr��r�ra�� l�e�qu��°ed l�t��l�equired Commercial GeY�eral Liability X Comprehensive Vellicle Liability X Workers' Campeizsatioil and E�nployers' X Liability Prafe�sional Liability (Ei-rors and X Omissions) (Place an"x" in the appropriate box} C. Caverage shall be at least as broad a�; 1, Insivance Services Office forin number CG-Q001, Coinmercial General Liabilit� Iizsurance, in an amaunt l�at less than $1,00Q,000 per occu�-rence and $2,000,000 general aggregate for bc�dily injury, personal injury and property dalnage, 2. Insurailce Services Office form number CA-0001 (Ed. 1i8'7), Coinprel�ensive A�itamabile Liability Insurance, which prouides for total limits c�f nat less than Land and Building Lease Agreement— Shasta EDC 8 $1,00O;OOQ conlbilzed sii�,gle liinits�er accident applicable ta all owned,noll-awned and hir:ed vellicl�s; 3. Statutory Warkers' Compe�zsatioll reqtrired by tile Labar Code of the State of Ca�lifornia and Employ�xs' Liabilit� Insl�rance in an amaunt ��ot less than $1,00O,OOQ per occurrence. Both the Worlcers' Compensation and Employers' Liability palicies shall cc�ntain the instirer's waiver of subrogatioll in favor c�f City; its elected officials; afficei�s, emplayees, agents and vcslur7tieei:s; 4. fihe City does not accept il-�surance �eriificates or en�orsemellts with the wording "but�nly in the event of a narned insured's sole negligence" or any other verbiage limiting the insured's insltrance respoilsibility. L); A1�y deductibles or self-insured retentians nlust be declarec�to and approved by City. At the optioi�of the City; eit�ier; the insurer shali reduce or elimii�ate such dec��ictibles or self-insLtred retelltions as respects the Cit�, its elected officials, ofi`icers; employees, agents aild volui�teers; t�r the Lessee sllall procure a baild gtiarazlteeil�g payn�ent c�f losses and related investigatiai�s, claims ad�ninistration and d�fense expei�ses; E: The General Liability insurance required by this Section l 5 shall contain or be end�rsed to cantair�the fa�lcrwing pravisioils: l. �ity, its elected officials, officers, e�nplc�yee�, and agents are to be covered as additioixal insured as respects liab�lity arising aut af wnrk or operations performed by or on behalf of Lessee; premises owned, leased or used by Lessee; ol au�c�mabiles otivned; leased, hired or borrowed by Lessee. The coverabe shall cc�ntain no s�ecial limitatians on the scope of proteetioiz afforded to City,its elected official�, offieers, emplc�yees, agents ai�d volunteers. 2: The insurance cc��erage of Lessee shall be primary insurance as respects City, its elected c�fficials, c�fficers, emplayee�; agents and volunteers: Any insura��c� c��` self-insuraz�ee mair�tained by City, its elected officials, officers; employees, agents and volunteer�, s1�a11 be in excess of Lessee's insurance and sl�all nat contribute with it. 3; Coverage sha11 state t�1at the insurance o�Lessee slzall apply separately to eacl� insured against whom claim is made or suit is brought, except with respect to the limits af the insur�r's liability. 4: Each insl�rallce palicy reqlxired by this Sectiorl I S shall be ei�dor�ed to state that coverage shall r�ot be canceled except after thirty (30} calendar days" prior written nc�tice l�as been gi�en to City. �n additian,Lessee agrees that it slzall not reduce its coverage ar Iimits on any slich policy except after thirty (30) calel�dar days'priar written notice has been gzven to City. Land and Building Lease Agreement—�IZasta EDC 9 F. InsLirance is to be placed with iiisurers wit11 a current A;M. Best's rating of no less t11an A-VI�; �: Lessee shall designate the City of Redding as a Ce�-tificate Holder c�f the instirance. Lessee shall fiirnish City with certificates af ilxsurance and origi��al e�ldorsemei�ts effecting the coverages required �y this clause. Certificates and e2�dorseme�lts shall be fiirnished to: Risk Management Departinent; City of Redding, 777 Cypress Avenue; Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a persail aLtthorized by the in�urer tc� bind coverage �n its beha�f. All endorsements are to be xeceived andappzc�ved by the City's Risk Manager prior to tlie commencenzent af contracted services. City may withhold payments to Lessee if' adeqt�ate certificates of i11s�.irance and endorsemelits required have not bee�� provided, or not been pro�ided in a tiine�y manner. H. Tl�e iequiremei�ts as to the types and limits af iilsurance coverage to be maintained by Lessee as required by t11is Sectian 15, and any approval of said insurance by Cit�, are nat iiZtended to and will not in any manner limit c�r qualify the liabilities and obligatic�ns otherwise assumed by Lessee pursuant ta this Contract, illcluding, without limifiation, provisions canceriling indemnification. I. If any palicy of insurance reqiiired by this Section is a ``claims made" policy, pursLiant to Code c�f Civil Procedure § 342 and Government Cc�de � 945.6; Lessee shall keep saicl insurance ir� effect for a period of eighteen (18) rnonths aftei the expiration or termination of this Lease. J: If any damage; inclttding death, personal injury ar property damage� occtiirs in connection with the performance af this Lease, Lessee s1�a11 immediately notify City's Rislc Manager by telep�rone at (53t?) 225-4385. Nc� later tlxan three (3) calendar days after the event, Lessee shall submit a writtelz report to City's Risk Manager containing the fQllowing information, as applicable, 1) name and address of ir�jured or d�ceased persoit(s);�}i�aine aa�d address of witnesses; 3)nanle and addl:ess af Lessee's instirance company; aixd 4) a detailed description af the damage and whether any City praperty �vas involved. 16. ��tt}�E 'I'�' I�A r��E�I'�S�J �� VA.I�E�Z�F �'I,�I ' �� V�1'��7I+ S�T�R:+CJ�A'�'I�l�i A. DL�riizg the T�rm of this Leas�, Lessor shall, at its expense, eitl�er (1} obtain and keep in farce a policy of standard fire, e�tended caverage and special foi-m (all risl�s) insurance, inciciding dem�lition arld ardinance and law cc�verages, writtei7 on a replacement cost new basis� with no deductible, covering the Fremises ana any alteratic�ns thereta xnade by Less�e, (2) self-insure against lass or dainage to the Prelnises and�lterations arising out of the risks which would atherwise be covered by a palicy c�ftlie type described i17 5ection 16,A(1}, above, or (3) protect against lc��s ar damage to the Premises and aiterations arising out of stzch risks through a cc�lnbinatian Land and Building Lease Agreement— Sllasta EDC 10 af self-instirance (wliether by way of a high deductible, self-insured retention, ar otherwise) and a policy of standard fire, extended eaverage aizcl special foz:m (ali risks} insural�ce covering the Prelnises alld alterations. S. Lessor hereby releases arld ielieves Lessee, ailci ats subtenant(s), if any, and their respective afficers,directors;agents,employees,custa�lers and invitees,and covenal�ts i�c�t to sue and waives its right to recover damages f`rom suc11 perso�ls and entities, for al�y lass or darnage to the Prernises and/ar any alterations made by Less�e that is,wou�d be, or wauld lxave been coveted by(1}a policyof stanciard fire; extended coverage and special form(aII risks)ins�.irance,including demolitic�ll coverage and ordinailce and law covera�es A,B, and C with liinits af no less than$250,000.00;vvrritten an a 1-ep�acement cast new basis, with no deductible, coverilzg t11e Pr�mises and any alteratiolzs inade by L�ssee, or (2) by any policy caf i�lsurance coveriilg the Preinises (with or witihout caverage for aYiy alterations made by Lessee) actually maii7tained by Lessor. In t�ie ever�t Lessar lnaiiltail�s a policy c�f insurance covering loss ar damage to the Premises (with ai: without coverage for any alteratians znade by Lessee), whether primary, excess, or other; Lessor shall obtain from its insztrance ca�7ier; and deliver to Lessee, a waiver af any right to subragation such carrier may 11a�e against Lessee, and/or its subtenant(s), if any, and/ar their respective officer�, directars, agents, �inployees, customers and invitees. C. In the event this Lease is nat terminated a� a result of ally darnage to or destruction of the PYemises plirsltant to Section 22; below, the praceeds of t�ie insurance rnaizltained by L�ssor {and by Lessee, if any) purs�iant to this Section 16 sha11 be used to repair and/or restore tl�e 1'remises and/or Lessee's alterations. 17. A�SI�I�T EI�d'I' S�J�LET`T'T�� A� Lessee shall �lat voluntarily assign oi• encun�b�r Lessee's interest in this Lease Agreexnent ar in the Prernises, nr sublease all ar aily part of the Premises, or allow any other persot�or entity (except Lessee's aiitharized repres�ntatives)to occupy or t�se all ar any part of the Premises,withaLit first abtaining Lessor's prior tivritten cansent,whicl� s1�a11 nat be unreasonably withhelcl: Natwithstaiiding the foregoing. Lessee shall be entitied to do the fc�llc�wing without obtaining tl�e consent af Lessor` (a) rent c�r atherwise provide co-warl�ing space in the Premises ta inc�ividuals ar entities, and (b} rent ar sub-lease space in the Premises to ane c�z mc�re individuals or elltities eilgaged in workforce development or other activities tlzat are aligl�ed witlz or supportive of Lessee's ecanomic cievelc�pment activities. Except as provided above, any assignment; encuinbrance, or other sublease w'rthout Lessor's cansent shall be vaidable and, at the sole election of Lessar; s11a11 collstit�ite a default of this Lease Agreement. Na conseilt to any assignment, ezlcliznbrazxce; ar sublease, sliall constitute a fiirther waiver af the pravisians of this Section. If Lessee colzsists of more than or�e persoil, a purported assigiztnent,voluntary,iuvol�.ulta�y,or by aperation of law, fra�n oi�e person to the ather sixall be deemed a volulltary assignnment. Land and Building Lease Agreement SI7�sta EDC I1 B. No interest of Lessee in this Lease A�reement shall be assignable by operation of 1aw (incltrdirzg; witl��tt limitation, the transfer of this Lease Agreement by testacy or intestacy). Each of the fallawing acts shall be cai7sidered ai�ii�voluntary assignment: 1: If`Lessee is or beca�nes bai�lcrupt or insalvent, makes an assignment for the bene�it of creditors, or institutes a prc�ceeding under the Bankruptcy Act i�� whicli Lessee is the bal�crupt; Qr,if Lessee is a partnership oz•collsists of mare t11an one persan or entity, if any partner of the partnership, or �ther person or entity is c�r becomes banktupt or insolvent, or�nakes an assignnment f4r tl�e benefit of creditors; 2. If a writ c�f attachment or execution is levied on thi� Lease Agreement; 3. If, in any prc�ceeding or actian to which Lessee is a party; a recei�er is appointed with authority ta take pc�ssessiozi af tl7e Premises. C. An ii7vc�lL�ntary assigrunent shall constittiite a default by L�ssee, and Lessor sl�all have the right to elect to terrminate this Lease Agreement, ilx whicl� case this Lease Agreement shalr not be treated as an asset of Lessee. 1�. LE��'� EI�T�2Y I�T I� �SES A. Lessar and its authorized agents and employees, upon 24 houi:s' prior notice ta Lessee; shall k�ave the rigllt to enter the Premises at all reasanable tilnes to ci�termiz�e whetller the Premises are in gaad cc�nditian and wl�etl�er Lessee is complying with Lessee's obligations under this Lease Agreenzeilt. B: Lessor s11a11 not be liable in any manner for any inconvenience, distLirbance, lass of business, nuisance, oi: �ther dan7age �risii�g o�.it of Lessar's entry on the Prerni�es as provided in this Sectioil. Lessee s17a11 not be entitled to an abateme�it or reduction of rent i£ Lessor exercises any rights reserved in this Section. Lessor shall conduct its activities�n the Premises as allowed in this Sectiaza in a maz�ner tl�at wi11 cause the least passible incanvenience, annoyance or disti:zibance to Lessee. �9. i7VA1�El: No delay c�r omissian in the exercise of any right ar remedy of Lessc�r on aply defatitlt by Lessee shall impaii s�.Ych a right or remedy ar be coilstrued as a waiver. The receipt and acceptailce by Lessar af delinquent rent shall not canstitute a waiver of any other default� but it s1�a1I constitute a waiver c�f timely payment of the particu�ar rent�ayment i�lvolved, No act or cond�.ict t�f Lessor, inclt;iding; zvitllout limztation, the accepta�Ice of the keys tcr the Pre�nises c�r the combination to any cambination lc�cks on ti��Preznises, shall canstitute an acceptance af the surrendei c�f tl�e Premises by Lessee before the expiration of the Term or exter�sian c�f the Term af this Lease Agreen�zent. E�cept as otlzeru�ise pravided l�erei�, oi�ly a notice from Lessor to Lessee shall constitttte acceptance; af the surrender af t11e Prernises and accolnplish a ter�nination of this Lease Agr�emellt. Lessor's cansenti to or Land and Buildilig Lease Agreement Shasta EDC 12 approval of any act by Lessee requiring Lessor's consent or approval shall nat be deemed to wai�re c�r render unnecessary Lessor's consent tc� or approval of any subsequent act by Lessee: Any waiver by Lessor or any defauit must be in writing aiid s1�a11 not be a waiver of any other default concerning tlze same or any other provision of this Lease Agreement. 20: I�E�'��JLT The accurrence of any of the following shall constitute a material default by Lessee; A. Failure to pay rent w11en due, if the failure continLies fc�r five (5} calendaz days after notice has been given to Lessee by Lessa��. S. Failure tr� perform any other pravisioil c�f this Lease Agreemei�t if tlle failure to perforrn is i�ot cured wzthin ten (10) calendar days after raotice lias been given to Lessee. Ifthe clefault cannot be reast�nably cured tivithin ten (1'd)calendar d�.ys,Lessee shall nat be in default of this Lease Ag�eement i:fLessee cammeilces to cu1�e the defatilt within the ten (10} caleildax day period and diligently and in goc�d faitll cantinlies t� cttre the cl�fault: C, Notice� given under this Section shall specify the alleged default and the applicable pre7visions af this Lease Agreeinent, and shall demand that Lessee perforni the pravisions af this Lease Agreernent ar pay tl�e re�t that is in arrears, as the case may be, within the applicable periad of time, or quit the Pr�mises. N� suclz notice shall t�e deemed a forfeiture ar a termination af this Lease Agreement unless Lessor so elects in the notice. The purpose af the notic� requirements set forth in this Sectioii is to extend the nc�tice requirements of the Linlawful detainer statt�tes in Califariva, 21. EIV.�II�EI�1'�' C� AII� A. In the event all of the Preinis�s sha11 be apprapriated or talcen under the power of eminent dolnain by any public or c�uasx-ptiblic authority; �� is sald, transfe�Yed �r conveyed in lieu thereaf, this Lease Agreement shall terminate and e�pir� as of the date of�uch taking, anc�Lessee shall ther�upQn be rereased from any liability thereafter accr�iing under tlais Lease Agreem�nt. B, In the event a pc�rtic�n c�f the Premises is taken under the pc�wer af emine�t doinain by arly public or quasi-public alithc�rity;or is sr�ld,transferred or�onveyed iillieu thereof; sucl� that the imprc,vem�nts thereon cannat, in Lessee's apiilion, be used for its intended purp�ses, Lessee sha11 have the right to terminate this Lease Agreement as of the date Lessee is required to vacat� a pc�i-tion of the Premises, upc�n t�e giving af notice in writing of stich election within thirty(30) days after said Premises have been so appropriated or taken. Tn the event �f such termination, bath Lessor and Lessee shall thereupan be released frt�nl any liability tl�ereafter accruing hereuncler: Iis the event of a partial taking ofthe Premises', Qr a sale, transfer or conveyance of a portion oftl�e Premises in lieu thereof, and Lessee does not elect to termil�ate tllis Lease, the Land and Building Lease Agreement ShastaBDC �3� montllly rent and other charges pa�able hereunder shall be proportionately abated ac�ording to the 1�atio that the part of the Premises remaining useable by Lessee after the taking bears to the total area of the Ptemise� prior ta the taking. Lessor agrees; immediately after learnii�g of axzy appropriatian or talcing,to give Lessee notice thereaf in writing. C. If the Premises a�e taken, c�� Lessee elects to te�minate �.�poi� a partial taking, Lessor agrees ta offer ta lease ta Lessee similar space on si�nilar ter�ns far a term ec�ual ta the remainii�g Term hereuisder, if ai�y stich land is available for� lease at the Diestellzorst Landillg Uffice Park. I?. If this Lease Agreement is te�minated i��either nlai�ner hereill above pr4vided, Lessor shall be entitled to tlie entire award ar cc�rnpensation for tlxe land in such�roceecii�zgs; but the rent al�d t�ther charge� for the last mai�th of Lessee's accLzpancy shall be prorated and Lessar agrees to refund to the vacating party any unused portioi� of said re1�t c�r other charges paid in acivance: Lessee's right to receive compens�tion �r damabes for its ilnprovernents, fixtures; persailal property; and of the moving or relacation expenses shall nat be affected in any mamler hereby, and Lessee reserves the right ta bring ai1 action for such cc�mpensati.on or damages, including loss of business, leasehold interest; and otk�er reasol�able daznages. 22. I�� ' AGE +D��E�TI2�J�TId3I�T In the event the Premises or any part thereof are at any tim�damaged ar destr�yed by fir�; casualty or other ca�tse, the facilities shall be repaired, restored c�r rebuilt, or not repaired, restored ar rebuilt, in accordance with the following terms and conditions: A: In the event the estimated cost ta repair, restore and/or rebuild the Premises exceeds the sum of Two Hundred Fifly Tl�ousand Dollars ($250;000}, Lessar a�1d Lessee shall both have the right to terminate this Lease by giving written notice ta the other wit]hin thirty (30) tlays after the oc�urrence c�f the damage or destructic�n, in which event, the Term of this Lease shall expire as of the date of the damage or destruc�ian and Lessee shali vacate the Premises and surrender the same. In sLich event, Lessox shall return to Lessee any rent and/or ather charges paid by Lessee to Lessor with respect to pericrds after the date of the damage ar destr�.iction. B. In the eveilt the estimated cost to repair, restore and/or rebtiild the Premises dc�es nat exceed the sum af Twa Hundred Fift�Thousand Dollats ($250,000), or neither Lessor nor Lessee elect to terminate this Lease pur suant to Sectian 22.A, abave, Lessor sha1l, at Lessor's sole cost and expez�se, promptly repair, restore or rebuild the Prenaises to the same condition as the Premises were ii1 prior ta such damage or destruction. C; I�n the event t11e Premises are damaged by fire or any ather caiise and tliis Lease is not terminated pursuant ta the terms herein;the rent and all atller charges payable by Lessee herelindel sha11 abate during the period of repair, restaration and/or reb�iilding if tl-�e Land and $uilding Lease Agreement— Sl�asta EDC 14 Premises are untenantable, and such rent and other chaiges shall abate ox� a prorata or other equitable basis if the Premises are partially tenantable by Lessee during such period. 23. �A1�1 �.7P'I"9CY �1�II�t�+C�LV�I��Y If Lessee shall be adjltdged bankrnpt, either by valuntary or invaluntary proceeding, oi should be subject of any proceedings to stay the enforcement of abligatians against it in the form af reorganization or otherwis� Lu�der a�1d pursuant ta any existiizg or fiiture laws of the Congress of the IJnited States, or ifLes�ee shall discontinue biisiness or fail in busines�; ox abandon ar vacate the I'remises, Qr make an assignmellt for the benefit of cl:editors, or if the Premises should come ii�ta passe�sion azzc� control of any trustee in bankruptcy, ar if ai�y receiver sl�c�uld be appointed in alry actian ar proceeding with pawer ta tal�e charge; possession, control; c�r care of the Premises, Lessor silall have the aption to forthwitll terminate th'rs Lease Agreement,and re-enter the Premises and take pc�ssession thereaf. I1� l7o event shall this Lease agreement be deemed ar� asset of Lessee after adjudicatian in ba��Ifruptcy. 24. �U I�I�EII� �F P Ii��S�� C?n the expiratian, cancellation or terminatioz� of this Lease Agreement, Lessee shall surrenc�er passession af the l'remises tc�Lessor;delive�all keys to the locics on tlie Premises, and make knc�wn to Lessor the colnbinatiol� of all cambination lc�cks on the Premis�s, Lessee shall return the Premises and all equipment and fixtures of Lessor tllerein to Lessor in broom-clean condition and in as good a condition as when Lessee originally took passession,ordinary wear arld tear excepted,failing which Lessor may restore the Premises and such equipment and fixtures to such conditxon and Lessee shall pay the c;c�st thereof to LesSor c�n demand. T11e parties confirm and agree tl�e Lessee"s obligations undez• the preceding sentence shall not apply in the event of any termination of this Lease as a result �f any damage ta or destructic�n of the Premises or upon any e�piration of this Lease fallc�wil�g any damage to or destruction of the Premises. 25� A I�1I�'�' T�t�T�I��'LE��. Whenever Lessee is required to secure the approval or consent of Lessor under this Lease Agreement, "Lessc�r" shali mean the Directar of Community Services af the City of Redding. 26. �;T�TI r�� 1�1'T A.� €� I�+'I�t�'I'�C�I�t�IZ Al�1El�1 �El'�T This Lease Agreement, wllich includes all exhibits attached hereto and incorporated by reference lierein, contains all the repre�entations and the entire understai�€�ing and agreement between the parties pertaining ta the Pren�ises or any otlzer matters connected therewith. This Leas� Agreement shall not be altered, amended or modified except by a writing sigiaed by Lessor and Lessee. The Directal �f Comrnunity Services is delegated Land and Building Lease A�reemei�t— �hasta EDC 15 authority to amend this Lease in any manner which daes nat result in a decrease in the t:ent due under this Lease. 27. II�VALIID P��IST�11�T� In the event any covenant, eo�c�ition, or provisiQn IY�rein contained is lzeld invalid by any Court of campetent jurisdiction,the invalidity of the sanze s11a11 in no way effect any otlier cavenant, candition, or provision herein contained. 2�. l�TfJTI�E� All notices and othel� cori�munications autl�orized Qr required �.Ynder this Lease Agreement shall be in writiilg aild shall be given by(a)per-sonal delivezy, (b)maililzg by c�i�tified mail or registered mail, return receipt rec�uested,po�tage�repaid,or Uizited States express mail; or (c) ��livery by cammercially recc�bnized courier service. Any sueh nati�e or other communicatian shall be deet�ed to have been given on the date of delivery �r refusal t� accept delivery if addressed as �ollaws; LE�SEE I��lR Sllasta EDC' City of Redding ATTN: Rebecca Baer ATTN: Community Services I7irector '777 Auditoriuln Drive �77 Cypress Avenue Redding, California 9E001 Redding; California 96001 Either party may change its address for the purpc�ses ofthis Section by giving written notice of stich change to the ather party in the manner pravi'ded in this 5�ction. 29e 1�'I"�'� EY�' I+,EE� �n the �vent of any Iegal action, arbitration or other proceeding a�ising otrt af tl�is Lease; the prevailing party shall be entitled to its reasonable attorney's �ees and costs in additioiz to arzy other relief to which it may be entitled. 30. �11�I I1�1� I�T��T��C�T�S Subject to tlie'�rovisions in this Lease Agreement respecting assignrnel�t or siibletting, all cavenants, terms aizd conditions in this Lease Abreemeilt shall extei�d to and bind the s�iccessors, heirs, a1�d as�ig��s of the respective parties to this Lease Agreement. 31. T��VIE �' ES�EI�1�E Time is of tlle �ssence of tl�is Lease Agreeinent anc� of eaeh and every provision in this Land and Builcling Lease Agreeinent— Sllasta EDC 16 Lease Agreement 32. I,ES�012°� �r� l�I'I"Y C1I+'ACTTI��9 TY Lessor has the legal power, right and autharity to �nter illto this Lease� arad all requisite actian (municipal c�r otherwise) has been talcen by Lessor in cannectian vvith the entering; izlto of this Lease. No fiirther cansent af any cc�uilcil, board, management or other coinn�ittee, beneficiaiy, creditar,judicial or administrati�e bady; authority or other party is required, Lessc�r's execlltion and delivery of this Lease, and the ;�erformance of its obligations hereundei, will not conflict �ith or violate any stattrte, 1aw, mt�nicipal code; rule, regulatian, or poli�y applicable ta Lessor or the Premises. Lessc�r has eoznplied with all statutes, laws, ordi�zances, rules, �ixd regulatiozls applicable tc� Lessar a11d/ar the lease of tlze I'remises by Lessor to Lessee heretind�r, and has satisfied all coilditions precedent to st�ch lease reguired by law. This Lease is ai7d shall be a valid,legally binding obligatian of and enforceable against Lessor in accordance witli its terms. 33. 1�� 1'A�'�3I I3��l�I�I� FT�1� In the event of'a dzspute between any af the parties hereto aver t�e meaning c�f this Leas�y �io party shall be deerned to have prepazed this I.,ease;and the principle of 1aw that coi2tracts are construed against t11e drafter shall nr�t apply. 34. �� 1�� Lessor shall, prc�inptly follawing the Effective Date, record this Lease in the Official Recflrds of Shasta Couzlty, Califon�ia in accordance with Califarnia Government Code Section 37393. 3�8 � iTT�'Y'� �Y2`I'� This Lease may be executed in one or inore countez-parts, each c�f whiel� shall be deemed an c�riginal, but all of whicl� toget�ier shall constitute one and t��e same instz-ument, The executiail pages of cr�unterparts may be attaclled to any t�ne capy c�f tlus Lease tc� form a single, camplete doctiment. (S��l�AT�T �A�� 1��,T_.��VVS} Land and Btlilciing Lease Agieemei�t Shasta EDC 17 IN WITNESS WHEREO�, the parties hereta llave executed thzs Lease Agreement an the dates and year set fortll below. ''°I,ESSC�I2°°: �I'T�' �g+'1�E` I��, � �taae��l Corg�or�t��r� �t�d. , 2024 �g�: Tenes�a A�dette, �yor A"�"I'E,�'I`; �:PP1Z��E� AS �' F6� . �' ��'I�1�1VI. �TJ�2'�"IS, �ity Attor�� A. E1�1E'T�P'I' �, �ity �l�rk ��; �h�is�iaa� a ��artis 94�L'��Y'�ti..s. A'1�i.11��:F i�� .4:.�V�i'�Ai g��. A'�1�.A �� V .�.-A A�1�. �� .3 .� ��1-4. � �JI�T`�', � �aiiforna� �on-�ero�t e�r�orati�� d; �s� ' �` , 2fl24 �: , �h�i�-rn�n , � � . � �� y' 's� �. .�, �.� �"` , President Lazad and Buildiilg Lease Agreement Shasta EDC 18 C LE � E T A notary public or other cafficer completing this certificate verifies only t�e identity crf the individual who signed the document tcs which this certificate i� �ttached, and not th�truthfulness, accuracy, or validit of that dacument. Stat� c�f Califarni� County �af Sh�St�' � an Septemb�r 24, 2024 before me, Kristen K. McGee, Nc�t�ry Public (insert name �nd title c�f the c�fficer) r� ,�_ _ .�- pers�naMly appeared f� �� = �-�- � �`�x�`�"� � who pr�ved t�a me on the basis af satisfactory evidence to be the persc�n{s} whose rtame(sJ islare subsccibed tQ th�within insfirur�ent and acknawl�dg�d to me thaf helshetthey executed fihe same in his/her/their authorized capacity(€es), ar�d that by his/herltheir signature(s) on the instrument the person{s), or fh� entity upon behalf of which the persc�n(s} acted, exe�uted the ir�strument. f certify under PE[�ALTY tJF PERJURY under the laws ofthe State of California that the foregc�ir�g paragraph is true and correct. � � � � , WITNESS my hand �nd official seal: �P �ais7��.�c�EE �} ,:..:`"`M Natary Public-Califarnia � �' = sr�asta cou�ty � �' e Comm�ssion-240933b `� �r•t`;. �"`' rdy Comm.Expires Jun 2E;2026 �,' .-• ��„ .,.,�---. �i�i"Ic'�tl,lt'� �'1��..-,� .� t } �°7 ��'""�,��,. ��1I 4 �� A� ��I,�+ aG �1�17C � I+�at�ry �ulbl�c +�r° ot�eer €�f�e��° co�n�letinb this eertifi��t� verif�s ��ly �� aclez�tit� a��the ir�dividual who s�b�t�d �he c�o�e�rne�t �o whi�h ��ai� �ert;�eat� i� �ttacl��, and �a� th� truthfula�ess, aceu�-�ey, oa�v�lidi�y o��h�� docum��t. Stafe of California j ) ss; County of ) Oi1 , 202_, before me, , Natary Public; personally appeared ; who praved ta me c�n the basis c�f satisfactory evidence to t�e the persc�n{s) whose name(s) is/are sL�bscribed to the with�n uzstrl,iment and a�knowledged ta me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by hislher/their signatnre(s}on tlle instrumellt the �erson(s), c�x the e�Ztity upoiz behalf af which the persc�n(s}acted, e�ecLited the same. I certify under PENALTY (�F 1'ERJUR.Y uncier the laws of the State of California that the foregoing paragraph is true and carrect. Witness my 17and a11d official seal. Land and Building Lease Agreeinent— Shasta EDC l9 �� ,E�� 'T A I�Iot�ry Pt�blic or ather of�eer cc�m�leting thas eerti��ate ��°ifies onl;y �he iden��ty of the indi�idual w�ao �igz��ci the doeument ta dvlai�h �lais �erti�a��t� is a#t�eh�d, and mot the ' �ruthfulaa��, �eeu�°��y, e��°validity c�f�hat c�ocurneaat. State of California } ) ss. County of } On , 202�, before me, , Notary Pltblic, persanally appeared , wha proved ta me on the basis c�f satisfactory evidenee ta b� the persan(s) wllose naine(s} is/are s�.tbscribed to the vvithin iilstru.inent a�7d acl�novvled�ed to �ne that he/slre/they execL�ted the same in his/her/their authorized capacity(ies), and that by his/ller/their signature(s)on the instrlirnezit the p�rson(s), ar the entity upon behalf of wlxich the person(s} acted, eYecuted the same: I certify under PENALTY OF PERJURY t�nder tl�e laws af the State of Califorizia that the far�going paragr:�ph is true and cox�recf. Witness my hand and official seal. Land and Buiiding Lease Agreement— Shasta EDC 20 �� WLE��I9�IEl�1'I' r� l�i��ary l�ubiic o� c�tl�e�° c�ff�e�° �orm�leting �his �ertifcate ve�ifes or�ly the ic�enta� a�th� �ncli�ide��l w�o sign�d the dac�amn��t ta �hicl� ��is �erta�ie�te �s �t��ched, �t�d nc�t �i�e �rut�fe�in�ss, �ecuracy, or valicli� of that docu��ta State of Califc�rllia � � ss. Caul�iy of } Oiz , 202_, before nse>- , Notary Pliblic, personally appeared , who proved to me on the basis of satisfactory evidence to be the persc�n(s) wl�ase name{s) is/aie subscribed to the within instnunent and acknowledged to me that llelshe/they executed tlxe sat�e in his/her/their authQrized capacity(ies),and that b�his/her/tlleir signat�lre(s) alz the instrument the persan(s}, or the entity up�n behalf of which the person(s} acted, executed the same. I certify under FENALTY OF PEF�JUIZY under the ladvs of the State of California that the foregoila,g pa�agraph is true and carrect, Witness my hand and official seal. Land and Bliilding Lease Agreeme��t Shasta EDC 2l EXHIBIT A DDCUMENTS DEPICTIN�THE BC�UNI}ARIES QF THE PT2.EIvTISES AND THE FL(�C}I�PLAN OF THE BUILDING ON THE FREMISES 2 Pages af Attachments Foilc�w Land a�xd Bliilding Lease Agreement—Sl�asta ELIC 22 � �� '�?�,rv�,,, � � � � � *',., ., ,`., � , y � ��E f, 1��u�� X � Q � ,�� i I i � '�_C r ' t�r t ,�g 9 � 9� � ��W� p�',§3�!��bt`��' �. r ��t e� t � r� a� � � � , o o �� i �n �i u `'ir u � � �� rtl ;i' ip a�`,� a'�.�v . . �, �.�� ...... � � � ..� ., ,. � .� :�. � � ' x. , ' �. � �� ,, r. ,��' e,r�. „¢,.�,a " " ' t ^� dd�q�r;;q�„� i j� .� jp� ` �b �E �y e"�� "d" � ' ��t'}��x��ra'y�� , � �4�r�r��r�ti r�` °, � � � � �n � � S k � i , p r i ��tf�� ` � � � f"w 4 p O � � t � u) V' N' ��F � O .,�:,r�' � kY ��i\� I��f"� pljs�'. .%„ �� Y�� „N� if2�' � �. Q a. ,i i � �.v�t v( � �V /." � }y ° v � �P �f �x�r "'. � t � } � ' �. � ��.4,,�, �' } y i � •. � � . . � . 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Add hardware ta provide for c�ne-directi�n swingii�g to improve the reliability c�f the IOGl�ill� 5y5t�I11. Land and Builcling Lease Agreeinelzt— �liasta EDC 23 LAND AND BUILDING LEA5E AGREEMENT THIS LAND AND BUILI}ING LEASE AGREENtENT (this "`L,ease" or "Lease Agreemen#"),dated for referenee purpQses only as of August 24,2018,is made and entered into by and between ihe CITY OF REDDING, a Municipal Carporatit�n and Generai Law City, hereinafter referred to as the"Lessor,"and the ECONOMIC D�VEL�PMENT C�RPORATION OF SHASTA COUNTY, a Califamia Nonprofit Corp�ratic�n, hereinafter referred to as "Lessee". This Lease shall be effective as of the date and year it is signed and delivered by both Lessor and Lessee(the"Effective Date"). W�]E`NESSETH: WHEREAS, Lessor owns certain 1and, and impravement� thereon consisting of approximately 2,130 square feet of space, cc�mm�an�y known as �?? Auditorium D�rive, Redding, California,and mare particularly describeci and shown an Exhibit"A"attached hereto and by this reference made a part hereof{the"Premises"); WHEREAS, the Premises are not needed for municipal purposes in the immediate future;and WHEREAS,Lessor desires to lease the Prernises tc�Lessee,and Lessee desires to lease the Premises fr�m Lessor,on the terms and canditi4ns set forth herein. 1�TOW,T`HEREFORE,IT IS AGREED by and between the parties hereta as foilaws: 1, AGREEMEIVT TO LEASE Lessor hereby leases the Premises to Lessee, and Lessee hereby Ieases the Premises from Lessor,upon and subject to al�vfthe terms,conditigns,covenants and agreements set forth herein. 2. ?ERM;PDSSESSION A_ The initial term ofthis Lease sh�ll commence on the Effective Date and shall expire on September 30, 2021,unless sooner terminated as prt�vided herein{the "Initial Term"). Lessee may, with the consent of Lessor, extend the term af this Lease for three additianal periods of one {1) year each {each, an "Uptian Term"�, Lessee shall pravide notice of its intent ta exercise such Options by giving I.essar written notice of L,essee's exercise of such C}ption{s}at least sixty{64}days pric�r to the expiration of the Initial Term Qr immediately preceding Option Term,as the case may be. Lessor shall grant or withhold its cansent to each sucl� extension, if any, by delivering written notice thereof t4 Lesse.�within thirty{30)days fa�ic�wing Lessor's receipt of Lessee's exercise � notice. AII terms,cavenanis and canditions c�f this Lease shall remain in effect during � each Option Term, �xcept that the monthly rent shall be increased by three percent � {3°10} at the commencement of each OptiQn Term, if any (and shall continue at that � amount during the remainder of that C}ption Term}. The Initial Term and alt Oprion � � �.��..-� � �� 1� Shasta EDC lease Page 2 Terms, if any, are hereinafter sometimes referred to collectively as the"Terrn". B. Lessee shall6e entitted to terminate this Lease,upan thirty(30) days written notice to Lessor,in the�vent c�f a materia�reductian in Lessee's funding in any fiscal year during the Term. For purpc�ses af this Z.ease, Lessee shail be deemed to have suffered a material reducti�n in its funding if Lessee's annuai revenues during any fiscal year of Lessee during the Term are, ar are expected to be, less than ninety percent (90%) of Lessee's annual revenues during the preceding fiscal year c�f Lessee. Lessee's failure to exercise such terminativn right with respect to any given fiscal year during the Term shall not operate as a waiver of Lessee's right to terminate this Lease with respect to any later fiscal year during the Term. C. Lessee shall be given possessic�n ofthe Pre�nises upon the Effective Date. 3. RENT AND 07HE�CHARGE� A. Commencing on the Effective Date, and contin�ing throughaut the remainder of the Initial Term of this Lease, Lessee shal� pay �nanthly rent to Lessor in the amount of Two Thousand Eight Hundred Seventy-Five and SOIIUO Dollars {$2,875.54). Notwithstanding the foregoing, if the Effective Date is prior to September 1, 2018, Lessee's rent obligations�ereunder shail nat commence until September l, 2418. B. Rent shall be payable, monthiy, in advance, on or befare the first (1�`} day of each calendar manth during the Term. Except as otherwise provided in Section 3.A, in the event this L,ease commences or the date af expiratian or terminatian of this I.ease occurs other than 4n the first or Iast day c�f a calendar mtrnth, the rent for such month shall be prorated based upon the actual nurnber c�f days af such manth. Lessor is entitled to collect from Lessee, and Lessee agrees to pay Lessor, upan invoice, any other fees and charges set fc�rth herein. Any rentals,fees,and charges mare than thirty {30) days pas�due sha11 be subject ta a service charge of one and one-half(1.5%}per month, based c�n an annual rate c�f eighteen percent (18°l0}, or the maximum rate allowed by law, if lower_ VVitht�ut prejudice tt� any other remedy which otherwise might be used for non-payment raf rent,fees,and charges,or other breach of this Lease, if Lessor is required or elects to pay any sum c�r sums or incurs any obligation ar expense by reason of a failure,neglect,or refizsal of Lessee to perforrn any one ar rnore of the terms,canditicrns,covenants of this Lease,ar as the result of any act ar amissian af Lessee contrary to said tenms,cc,nditians,ar covenants, the sum or surns sa paid by Lessor, including all interest, costs, damages or penalties, may be added, after thirty {30) days written notice by Lesst�r to Lessee, to an instaltment or rent thereafter due hereunder, and each and every day th�reafter the same sha11 be and become additional rent recoverable by Les�or in the sa�ne manner and with iike rernedies as though it were originally a part of the rent as set forth herein above_ 4. UTILITIESAND W�iTER Shasta EDC lease Page 3 Lessee shali pay for the fc►llowing separately metered or invoiced utility services supplied to Lessee at the Premises: sewer, electricity {including electricity for any exterior lights an the building),natural gas,saiid waste,telephane,security,and cable television. Lessee shall also pay fflr all domestic and landscaping water supplieci to Lessee at the Premises through City of Redding Water Meter N4. 1$437824 {but n4t for ariy landscaping water supplied through any other water tneter}. Lessor shalt be responsible for the cost of any landscaping water provided througl�any ot�er water meter. 5. TAXES A. Lessee shall promptly gay any taxes assessed against its pers�nal property, and any possessary interest taat levied by reason of its occupancy af the subject Prernises. B. Lessee is advised pursuant to Revenue and Taacation Code 107.6 that a possessory interest subject to taxatifln rnay be created by the grant af this Lease to Lessee. C_ In the event a pc�ssessory interest subject tca taxahan is created by this Lease, Lessee shatl apply for any available exemption to the obiigatic�n to pay gossessory interest t�es in connectian wit�this Lease_ 6. +T��SE OF PREMISE,S A. The Prernises shall be used by Lessee for the normal and�ustamary activities related to a business office af Lessee and for no cather purpose without the privr written consent of Lessar, which shall not be unreasanab�y withheld. In addition, no avernight lodging for any reason whatsoever sha11 be permitted on the leased Premises. B. It is the intent Qf this Lease Agreement that the Premises sha11 be used primarily for OffC�fUFtC'Ci01t5,an�i sha1l�ot genera�y include entertainment,ladging,retail, food or beverage services_ Notwithstanding the f4regaing,Lessee shall be entitled to conduct business sflcial and other events at the Premises where food and beverages are served and/or which invalve the use of music or publie-address sy�tems in the building and parking lat. Lessee wili take precautions nc�t to inconvenience or disturb the surrounding occupants as a result of any such activities. C. Na activities shall be canducted c�r cacried on within the demised Premises in violation of any ordi�ance,law,statute,bylaw,arder,or rule af any gavemmental agency having jurisdiction thereover. Lessor represents and warrants to Lessee that Lessee's proposed use of the Premises are permitted by ihe applicabie zoning and other land use regularions applicable to the Premises,and will nat violate any reeorded or unrecorded covenants,eflndi#ic�ns,or restric#ions applicable to the Premises_ Shasta EDC lease Page 4 7. CO1tgFLIANC'�' WITH LA WS A. Lessar hereby advises Lessee tl�at the Premises have not undergone inspection by a Certified Access Specialist{CASp), and makes the following additional disclosure to Lessee pursuant to Califc�rnia 1aw: "A Certified Access Specialist ("CASn"} can inspect the subject premises and determine whether the subject premises compiy with ali of the applicabie consmzction-related accessibility standards under state law. Although state law does not require a CASp inspectian of the subject premises, the commercial property owner or lessor :may not prohibit the lessee or tenant frcsm obtaining a CASp inspection of the �ubject premises for the occupancy or potential occupancy of the tessee or tenant, if requested by lessee or tenant. The parties sha11 mutualiy agree on the arrangements for the time and manner 4f the CASp inspection,the payment of the f�e for the CASp inspection, and the cost of making any repairs necessary to cc�rrect violations of consmzction-related accessibitity standards within the premises." B. Lessor represents and warrants tc� Lessee that the Premises are in compliance with all Federal, Sta#e, and lc�cal 1aws, statutes, t�rdinances, codes, rules, arders, judgments, decrees, and governmental regulations c�r requirements applieable ta or affecting the Premises (including, but not limited to, atl "cc�nstructic�n related accessibility standards"as defined in California Civil Code§55.52(a}(6},as arnended}(callectively, the "Applicable L,aws"}. Ifit is determined that the Premises do not cornply with the foregoing representation and warranty, or if any of the Applicable Laws are hereafter amended so as to require the construction of any addition to c�r alteration of the Premises, Lessor shall rectify the deficiency,or constn�ct such addirion to or alteration of the Premises,at Lessor's exgense. C. Lessor shall indemnify, defend and hold Lessee 1�armless against any and all ctaims, demands, liabitities, damages, lawsuits, causes of actitrn (whether in tort or contract, law or equity, or otherwise}, fines, penalties, lasses, costs and expenses (including attarney's fees and court casts}arising out of ar relating ta any failure of the Prernises to compty with any Applicable L,aws. I�. Lturing the Terrn of this Lease, Lessee sha11 comply with all Federal, 5tate, and lacal laws, statutes, ordinances, and regulatic�ns applicable to Lessee's specific use of the Premises(except that Lessee sha11 not be ob�igated to compiy with any Applicable Law that requires alteratit�ns or imprt�vements#t�the Premises,all of which shall be Lessor's responsibility pursuant t4 Section 7.B,abave}_ Shasta EDC lease Fage 5 8. SER ti'ICES T4 THE Pt713�.IC' Lessee shall make its activities and services available to area residents without discrimination as to race, color, creed, I�I3�IQi1, sex, age, or national origin, and shall refrain fram irr�posing or levyi�g excessively discriminatory or otherwise unreasonable ruies, charges or fees fc�r any use af t�e f�ei�ities or activities; provided, however, that Lessee shall have the privilege to refuse admittanee to any person or persons for just cause, but not to discriminate by virtue of race,color,creed,religion,sex,age,ar national origin. 9. WASTE 14NI1+QZIIET Ct?NZ}+IICT Lessee shall not commit nor permit to be committed,any wa$te upon the Prernises,nor any nuisance or other act ar thing which may disturb#he quiet enjoyment or use of adjoining parcels by others. S4 long as I,essee pays the rent, and performs all other obligations of Lessee hereunder, Lessor agr�es that Lessee shall have quiet possession and enjoyment of the Premises f4r the entire Term hereof, free af any claim ar other action by Lessor or anyone claiming by,through or under Lesst�r. 10. MAIN7'ENANCE A_ Except as otherwise prc�vided herein, Lessee accepts the Premises as being in good condition and repair, and shall, upon expiratic�n af this Lease ar earlier terrnination thereof, leave said Premises in as good a condition and repair as the sarne are now, reasonable use and wear therecrf excepted. B. During the Term of this I�ease, Lessor shall, at I.�ssor`s expense, maintain, repair and/or replace, if necessary, the foundatiflns, structural portions of the bearing wa11s, roofing systsm, raof eoverings, pl�tnbing, heating, air conditioning, ventilating, electrical and lighting fixtures and equipme�t, exterior surfaces of aiI walis, skylights, exterior landscaping,and a11 sidewalks,driveways,parking areas and fences located on the Premises_ C. During t�e Term of this Lease, and except as prt�vided in Section 10.B,abave, Lessee shall, at Lessee's expense, maintain and repair the interior of the building, including janitorial wark, painting, windaw repiacement if and when necessary, other minor repairs to the interior, and a�t maintenance and repair af Lessee's own fixtures and furr�ishings. D. Lessee shall maintain any electrical appliances owned by Lessee and required or desired by Lessee in the use of said Premises� E_ Lessee shall arrange and pr4vide its c��vn janitarial services to maintain the interior of said Premises in a neat and clean c4ndition at a1l tin�es. Shasta EDC lease Page 6 F. No outdoor s�orage shall be permitted on the leased Premises, nar is the keeping of animals permitted. 11. US�'OF PREMISES AND PARKING Throughout the Term of the lease,Lessor shall have access to the interior of the building on the Premises for the purpose of a public safety staging area on the Fourth of July Freedom Festival, and five (5) onsite parking spaces situated between the driveways during Kool April Nites weekend and the ct�mmunity Fourth af July Freedam Festival. The parties confirm and agree that Lessor shall nc�t have acces� to the interiar of the building on the Premises except on July 4`" of each year during the Term. Lessor shall provide five (5) calendar days writtsn notice to Lessee of its election to reserve the Premises and/ar parking spaces pursuant ta this Section. I,essor sha�i inde�nify, defend and hald Lessee, and its officers, agents and empioyees, harmless frc�m and against any claims, demands, actions, dacnages, liabilities, loss,cast or expense arising out of any use of the Premises by Lessor pursuant to this Sactit�n. 12. INfPROVEM�N7S;ALTERfi7'�ONS A. Lessee shall n€�t make or permit anyc�ne to make any alteratians,decorations,additions, or improvements,structural or t�thenuise, in or to the Premises ar the building without the priar written consent of L,essQr,which shail not be unreasonably withheld. When granting its consent, Lessor may impose any condition it deems reasonable arid appropriate, inciuding, without iimitation, the apprtivai of plans and specifications, conditioni�g approvai upon Lessee`s comrnitment to replace andtr�pair any portion of the Premises for which an alteration, decoratian, addition or improvement was approved, andlor imposition of insurance requirements in addition to those required herein. Lessor hereby consents to the alteratit�ns, additions and/or improvements to the Premises by Lessee ciescribed in E�ibit "B"attached hereta and by this reference rnade a part hereof, and no further consent of Lessor�hall be required in connection therewith�provided that L.essee sha1�obtain a11 building permits rec}uired to complete such work)_ Whether or not Lessor's eonsent is required,Lessee agrees to obtain and deliver to Lessor written and uneonditional waivers c�f ineehanics' and materialmen's liens upon the la�d and building,of which the Premises are a part, for all work, labor and services performed and materials fizrnished by them in connection with such work, signed by all con�ractors,subcontractors,materialmen,and labarers involved with such work. If,natwithstanding the foregc�ing,any mechanics'or rnaterialmen's lien is filed against the Premises, the buildi�g,and/or the Ia�d far which wflrk is claimed to have done or materiats claimed to have been fizmis�ed to Lessee, such lien shall be diseharged by Lessee within thirty {30} days thereafter, at Lessee's sole cast and expense, by the payment#herec>f ar by filing any bo�d required by law. If Lessee shalI fail to dischazge any such mechanics' or materialmen's lien, Lessar may, at its option, discharge the same and treat tha cost thereof as additional rent payable with the monthly installrnent Shasta EDC lease Page 7 of rent next becoming due; it being�ereby expressly covenan#ed and agreed that such discharge by Lessor shall not be deemed to waive or release the default of Lessee in not discharging tl�e same. It is understood and agreed by Lessar and Lessee that any alterations, exterior decorations,additions, ar improvements sha11 be constructed on behalf of Lessee; and that in the event Lessor gives written cansent to I,essee making any such atteration, exterior decarations, additi4ns, or improvements, such written consent shall not be deemed to be an agreement or consent by Lessar tcr subject Lessor's intarest in the Frernises,the building,ar the�and to any mechanics'c�r materialmen's liens which may be fiied in respect ta any such work done by or an behalf of Lessee. B. Lessee shall indemnify and hc�ld Lessar harmless frorr� and against any and all expenses, liens, ciaims, 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 I,essor,Less4r may correct c�r reinc�ve the same and Lessee shall be liable for any and all expenses incurred by Lessor in tl�e performance Qf this work. All alterations, exterior decorativ�sy `tl(�(�1t14I1S, or improvements in or to the Premises or the building made by either party shall immediateiy become the property of Lessor,and shall remain upan and be surrendered with the Premises as a part thereof at the expiration or terminatic�n c�f the Term hereof without distiubance, molestation, ar injury,Providecl,however,that if Lessee is nat in defauit in the perf'orn�ance of any of its obligations under this Lease Agreement,Lessee shall have the right to remove,prior to or within ten{l Oj days after the expiration or earlier terminatian of the Term hereof, all furniture, fixtures, fiirnishings, and equipment, installed in the Premises at the expense of Lessee. If such property af Lessee is nat remaved by Lessee within such time geriod, the same shall become the property af Lessor and shall be surrendered with the Premises as part th�reof. 13. SIGNS Lessee may place signage at the existing street lacation and on the building over the City seal. 4ther signage rnay be permitted as al�owed through the Lessor's sign perrnit pracess.The I.essee may use the flag poles to display various flags that are in support of its missian in ecanornic develc�pment or express our patriotism far this nation or our state. 14. PROPERTY DF LESSEE Fixtures,equipment,and personal prt�perty of Lessee shall be removed by same within ten {14) days after the expiratic�n ar earlier termination of this I.ease Agreement; provided, however, that any fixture which cannot be removed without damaging said Premises shall become the prc�perty of Lessor. Shasta EDC lease Page 8 15. HOLD HARMLESS;LES.SEE'S Lf.�BILITYIIYS'U�tA1YCE A. This Lease Agreement is granted upc�n the expr�ss condition that,except as otherwise provided herein,Lessor, its t�fficers,agents and employees, sha11 be free from any and all liability and claims fflr da�nages for personal injury, death, ar property damage in any way connected with Lessee's use c�f the Premises, including claims of Lessee, it's officers, agents, employees, �einbers, Qr invitees. Notwithstanding the foregoing, Lessor shall indemnify, defend and save harmless Lessee, i#s officers, agents and etnpioyees, from any and allliability, damages, ioss, cast ar expense on account of or arising out of any suc� injury, death, or 1c�ss caused by the negligence ar other legal fault af Lessor or its of#icers, agents, employees, Fnembers or invitees. Lessee shall indemnify and save hannless I.essor, its o�cers, agents and employees, frarn any and all liability, lass, cost or obligation an account of or ar`ising our of any such injury, death, or loss caused by tl�e negligence c�r other legal fault of Lessee or its afficers, agents,employees,members c�r invitees{provided,hc�wever,that Lessee shall have no liability ta Lessc�r for any damage to the Premises or any alterations made by Lessee caused by fire or other casualty that w€�uld be covered by a poiiey af insurance described in Sectic�n IE_B(1),be�ow,and,in the�vent c�f any such damage,Lessor shall rely solely on I,�ssor's seif-insurance andlc�r the praceeds of tlie insurance policies, if any,maintained by I,essor andlar Lessee pursuant tr�Section 16,below). B. [Jnless modified in writin,g by City's Risk Manager, Lessee shall maintain the foliowing noted insurance during the tluration of the Contract: Covera�e Reauired �+tot Reauired Commercial General Liability X Comprehensive Vehicle Liability X Workers' Compensation and Emglayers' X Liability Professianal Liability(Errors and 4missions) X {Place an"�c"in the appropriate box} C. Coverage shalt be at least as broad as: 1. Insuranee Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,440,U4t}per accurrence and $2,000,000 general agb 8�1��fflI�Ot�II�i21�UI'y,P8FS4R��l2i�ii2'y allt�j:}rQ�F#�CIc12Tl1ge; 2. Insurance Services Office f4rm number CA-0001 (Ed_ 1l87), Comprehensive Automobile Liability Insurance, which prguides for total limits of not less than $1,000,4�{} combined single limits per accident applicable to all owned, non-owned and hired vehicies; Shasta EDC lease Page 9 3. Statutory Workers' Compensation required by the Labor Code of the State af California and Employers' Liability Insurance in an amount not less than $1,OOO,Q00 per occurrence_ Both the Workers' Compensation and Employers' Liability policies sha11 cc�ntain the insurer's waiver of subrogation in favor of City, its elected officials,officers,employees,age�ts an�valunteers; 4. The City daes not accept insurance certificates ar endorsements with the wording "but only in the event af a named insured's sole negligence"ar any other verbiage limiting the insured's insurance resp�nsibility. D. Any deductibles t�r self-insured retentions �nust be declared to and approved by City. At the optian of the City,either: the ins�rer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,its elected officials,officers,emplayees, agents and volunteers; Qr the Lessee sha11 procure a band guaranteeing payment of losses and related inuestigations,c�aims administratian and defense expenses. E_ The General Liability insurance rec�uired by this Section 15 shall contain ar be endorsed to cantain the following provisit�ns: i. City, its elected officials, officers, employees, and agents are to be covered as additianal insured as respects liability arising aut of wark or operations perfarmed by or on behalf of Lessee; premises owned, Ieased ar used by Lessee; ar autamobites owned, leased, hired or bonowed by Lessee. The coverage shal] cantain no special Iimitations Qn the scope of pratection afforded to City,its elected of�'icials,off'icers,emplc�yees,agents and voluntaers. 2. The insurance coverage of Lessee shal� be primary insurance as respects City, its elec#ed officials, o�cers, emplgyees, agents and volunteers_ Any insurance or self-insurance mair�tained by City,its elected officials,officers,employees,agents and volunteers, s�ia1� be in excess c�f Lessee's insurance and shail not contribute with it. 3. Coverage shall state that the insurance of Lessee shal] apply separately to each insured against whom claim is made ar suit is brought, except with respect ta the limits of the insurer's liability. 4. Eacl� insura��ce palicy requir�d by this Section 1 S shall be endorsed to state that coverage shail nc�t be canceled except after thirty(30)calendar days'priar written notice has been given to City. In addition,Lessee agrees that it shall not reduce its c�verage or Ii�nits on any such palicy except after thirty{3�) calendar days' prior wntten no#ice has been given to City. F. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A-VII. Shasta EDC lsase Page 10 G. Lessee shall designate the City of Redding as a Certi�ieate Holder of the insurance. Lessee sha11 furnish City with certificates of insurance and ariginal endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: Risk Managetnent Degartment, City af Redding, 777 Cypress Avenue, Redding,CA 9b0�1.The certificates and endorsements for each insurance policy are to be signed by a person authorized hy the insurer to bind coverage on its behalf. All endorsemenis are to be received and�pproved by the City's Risk Manager prior to the commencement af contracted ��rvices. City may withhold payments to Lessee if adequate certificates vf insurance and endc�rsements required have not bean provided, ar nr�t been pravided in a timely manner. H. The requirements as ta tt�e types and limi#s of insurance eov�rage to be maintained by Lessee as required by this Section I5,and any approval af said insurance by City, are not intended to and will nc�t in any manner�imit or qualify the liabilities and obligations otherwise assumed by Lessee pursuant tc�#13is Cantract, including, without limitation, provisions conceming indemnification. I. If Sll�j30IiCy Of iT1S12LSiYCB Z�llti��11S S�C�It}Il 1S 1"claims made"policy,pursuant to Code of Civil Pracedure§342 and Government�ade§945.6,Lessee shall keep said insurance in effect for a peric�d c�f eighteen {18} months after the expiration or terminatian af this Lease. J. If any darnage, inciuding death, persanal injury ar property darnage, occurs in connection with the performance of tl�iis Lease,L,essee shall irnmediately notify City's Risk Ma.nager by telephona at �530} 225-4468. No later than three (3)calendar days after the event, Lessee shall submit a written report to City's Risk Manager containing the fotlowing inft�rmatian, as applicable: 1� name and address of injured or deceased persan(s); 2} name and address of �rimesses; 3) name and address of Lessee's insurance company;and 4}a detailed description of the damage and whether any City property was involved. 16. PROPER7'Y DAMAGE INSiIRANCE, WAIVER OF eLAIMS; WAIT�ER OF SI�BROGAfiI4N A. During the Term ofthis Lease,Lessor shall,at its expense,either{I�abtain and keep in farce a paiiey of standard fire,extended coverage and special form(all risks)insurance, inctuding demolition and ordina�tce and law coverages,written an a replacernent cost new basis,with no deductibie, covering the Premises and any alterations thereto made by Lessee,(2}self-insure against loss or t�amage to#he Premises and alterations arising out of the risks which would otherwise be cosTered by a poiicy af ihe type described in Section 16.A(i}, above, or (3) proteet against loss or damage to tlie Premises and alterations arising aut c�f such risks thraugh a co�nbinatian of seif-insurance (whether by way of a high deductibte, self-insured rete�tio�, flr otherwise) and a policy of standard fire, extended coverage and special form (alI risks} insurance covering the Premises and alterations. Shasta EDC lease Page 11 B. Lessor hereby releases and relieves Lessee, and its st�btenant(s}, if any, and their respective officers, directc�rs, agents, emplayees, customers and invitees, and covenants nQt to sue and waives iEs right tc� recover damages from such persons and entities, for any loss c�r damage to t�e Premises andfor any alterations made by Lessee that is,wouid be,Qr wauid have bee�cc�vered by(I)a poliey of stanciard fire,extended caverage and special form (a11 risks) insurance, ineluding demalition coverage and ordinance and law coverages A, B, and C with limits of no Iess than $250,000_00, written on a replacement cc�st new basis,with na deductible,covering the Premises and any alterations made by Lessee,or(2}by any�olicy of insurance covering the Premises {with or without caverage far any alterations made by Lessee)actually maintained by Lessar. In the event Lessor maintains a policy af insurance covering lass or darnage to the Premises (with or without eoverage for any alterations made by Lessee), whether prirnary,excess, or ather, Lessar shall obtain from its insurance carrier, and deliver to Lessee, a waiver af any right ta subrogatic�n such carrier may have against Lessee, and/or its subtenant{s}, if any, andJc�r their respective officers, directors, agents, emplt�yees, customers and invitees. C. The parties acknowledge that Lessor desires that Lessee obtain a separate policy of fire and extended coverage insurance covering the Premises and any alterations thereto made by Lessee (i.e., in addition to ihe insurance andlor setf-insurance maintained by Lessor as prc�vided for in this Section 16,above). Lessee is currently unable to obtain such insurance due to a moratorium on the issuance of new property clarnage insurance policies as a result ofthe recent Carr Fire, L�essee shall,at Ieast ance every ninety(90) days during the Term, use cammerci�l�y reasonable efforts to investigate the availabiiity aud cost of a separate policy c�f standard fire and extended coverage insurance covering the Premises and any alteratians theretg made by Lessee with a deductible af One Thousand and 0�/1U0 Dollars {$1,000_40) ar 1ess, and otherwise meeting the requirements ofthis Section 1b�C,below. In the event Lessee is able to obtain such a policy from an insura�ce carrier admitted in the State of California, Lessee shall purchase and maintain such policy of insurance in effect_ Any such policy c�f insurance abta.ined by Lessee shall be in the name of Lessee with Lessor named as an additional insured. Any such policy af insurance abtained by Lessee shall also be pnmary with respect�c�any cc�vered damage ta the Premises or alterations {and any insurance or self-insurance covering the Premises and alterations rnaintained by Lessar p�rsuant to this Section 16, above, shali be excess}. Lessor shall, npon request, provide such inforrnation, execute such dacurnents and instruxnents, and atherwise take such action as may be necessary ar desirable for Lessee ta obtain such insurance coverage. Lessee shall prc�vide Lessar with a eertificate of insurance evidencing any policy of insurance t�btained by Lessee hereunder. S}�asta EDC lease Page 12 D. In the event this Lease is not terrninated as a result of any darnage to ar destruction of the Premises pursuant to Section 22,belc�w, the proceeds of the insurance maintained by Lessor {and by Lessee, if any� pursuant to this Section 1 b shall be used ta repair and/or restore the Premises and/ar Lessee's alterations. 17. ASSIGNMEIVT AND SIII3�ETT�NG A. Lessee shall not voluntarity assign or encumber Lessee's interest in this Lease Agr�ement or in the Premises,or sublease a11 or any part of the Premises,or allow any other person or entity{except Lessee's au�horized representatives)to accupy or use all or any part of the Premises, without first obtaining Lessor's prior written consent, which shall nat be unreasonably witlzheld. Nc�twithstanding the foregaing. Lessee shall be entitled ta do the fallc�wing without obtaining the consent of Lessor: (a)rent or otherwise provide co-warking space in the Premises to individuals or entities; and {b) rent or sub-lease space in the Premises ta one or more individuals or entities engaged in workfarce development or other activities that are aligned with or supportive af Lessee's ecc�n�rr�ic develc�pment activities_ Except as provided above, any assignment, encumbrance, or other sublease wit�out Lessor's cansent shall be voidable and, at the sole election of Lessc�r, sha11 cc�ns#itute a default of this Lease Agreement.No ct�nsent to any assignment,encumbrance,or sublease,shall constitute a further waiver of the provisions c�f this Section. If I,essee consists of mare than one persan, a purported assignrz�en#, vc�iuntary, involunta�-y, ar by operation of law, fram ane person to the other shail be deemed a voluntary assignment. F1. Na interest of Lessee in this Lease Agreeznent shall be assignable by operation of law (including, withaut limitation, the transfer of this Lease Agreement by testacy or intestacy}. Each of the following acts shall be considered an involuntary assignment: 1. If Lessee is or becomes bankrupt or insolvent,makes an assignment for the benefit of creditors,or institutes a graceeding under the Bankruptcy Act in which Lessee is the bankrupt; or, if Lessee is a partnership c�r consists of more than one person or entity, if any partner of the partnership, or other person or entity is or becomes bankrupt or insolvent,or makes an assignment far the benefit af creditors, 2. If a writ af attachment or execution is levied on this Lease Agreernent; 3. If, in any proceeding or action tt� which Lessee is a pariy, a receiver is appointed with authority ta take possessit�n c�f the Premises. C. An inuoluntary assig�ment sha1l ct�nstitute a default by Lessee, and Lessar shall have the right to etect to terrr�inate this Lease Agreement, in which case this Lease Agreement shatl not be trea#ed as ar�asset of I.essee. �hasta EDC lease Page 13 18. LESSDR'S ENTRY(7�N PREM�S'E.S A. Lessor and its authorized agents and employees,upan 241�t�urs`prior notice to Lessee, shall have the right to enter the Premises at aIl reasonable times to determine whether the Premises are in good ct�ndition and whether Lessee is compiying with Lessee's obligarions under this Lease Agreement_ B. Lessor shall not be liable in any mar�ner for any inc4nvenience, disturbance, loss of business, nuisance, or other damage arising out of Lessar's entry on the Premises as provided in this Section. Lessee sha11 nc�t 6e entitled to an abatement or reductian af rent if Lessor exercises a�y rights reserved in this Section. Lessor shall conduct its activities on the Premises as allowed in this Section in a manner that will cause the least passible inconvenience, annoyance or dis�urbance to Lessee. 19. WAIYER No detay ar orr�ission in the exercise c�f any right c�r remedy of Lessor on any default by Lessee shali impair such a right or rernedy or be const�ued as a waiver. The receipt and acceptance by Lessor of delinquent rent s�a11 not ct�nstitute a waiver af any other default, but it shall constitute a waiver oftimely paymen# oft�e particular rent payment involved_ No act or conduct of Lessor,including,withc�ut limitation,the acceptance of the keys to the Premises or the combination ta any caml�inatit�n locks on the Premises, shall canstitute an acceptance af the surrender of the Premises by Lessee before the expiratian of the Terrn ar extension of the Term of this Lease Agreement. Except as otherwise provided herein,only a notice frorn Lessor to Lessee shall consti�iut�acceptance of the surrender af the Premises and accomplish a terinination c�f this I.ease Agreement. Lessc�r's ct�nsent to or approval of any act by Lessee requiring Lessor's c�nsent or appraval shail not be deemed to waive or render unnecessary L�ssc�r's consent tc�or apprc�val of any subsequent act by Lessee. Any waiver by Lessor or any default must be in writing and shali not be a waiver of any other default concerning the same or any other pravision afthis Lease Agreement. 20. DEFA�LT The occurrence of any flf the foilawing shall constitute a material defaixlt by Lessee: A. Failure ta pay rent when due, if tlze failure continues for five {5} calendar days after natice has been given to Lessee by Lessor. B. Failure to perform any other provision c�f this Lease Agreernent if the failure to perform is nat cured within ten (10} calendar days after notice has been given to I.essee_If the default cannc�t be reasc�na�ly cured within ten{10)calendar days,Lessee shail nat be in default c�f this Lease Agreement if Lessee commences to cure the default within the ten {10} calendar day peric�d Slit� �IIi�2i1�� and in good faith continues to cure the def�uit_ Shasta EDC lease Page 14 C. Notices given under this Sectian shall specify the atleged default and the applicable provisions of this I.ease Agreement, and shatl demand that Lessee perforrn the provisions of this Lease Agreement or pay the rent that is in arrears, as the case may be,within the appli�able peric�d€�f time,or quit ihe Premises_ No such notice shall be deemed a forfeiture c�r a termination of this Lease A�eement unless Lessor so elects in the notice. The purpose of the r�otice requirements set forth in this Section is to extend the notice req�irements c�f the unlawfi.�1 detai�ter statutes in California_ 21. EMINENT DOMAIN A. In the event all of the Pre�nises shatl be apprapriated or taken under the power of eminent domain by any public or quasi-public authority, ar is so[d, transferred ar conveyed in lieu #hereaf, this I,ease Agreement shall terminate and expire as of the date of such taking, and Lessee shall thereupon be released from any liability thereafter accruing under this Lease Agreement. B. In the event a portic�n of the Premises is taken under the power 4f eminent domain by any public or quasi-gublic authority,ar is sold,transferred or conveyed in Iieu thereof, such that the impravements therec�n cannat, in I,essee's opinion, be used for its intended purposes,Lessee sha11 have the right ta terminat�this Lease Agreement as of the date Lessee is required to vacate a portion c�f the Premises, ugon the giving of notice in writing of such election within thirty(30}clays after said Premises have been sa appropriated or taken. In the event of such t�rrnination, both Lessor and Lessee shall thereupan be released from any liability thereafter accruing hereunder. In the event of a partial taking of the Premises,ar a sale,transfer or conveyance of a partion of the Premises in lieu therec�f,and Lessee dc�es not elect to ierminate this Lease, the monthly rent and other charges payable hereunder shall be proportionately abated according#o#he ratic�that the gart of the Pre�nises remaining useable by Lessee after the taking bears to the ic�tal area of the Premises pric�r to the taking. Lessor agrees, immediately aft�r IB�I'I2iIl� {3f �Ily �3pZO�?Z11�lOIl ar iaking, to give Lessee notice thereaf in writing. C. If#he Premises are taken, or Lessee elects to#erminate upan a partial taking, Lessor agrees to offer to lease to Lessee simi�ar space on similar terms far a term equal to the remaining Terrn hereunder, if any sueh Iand is available for lease at the Diestelharst Landing Uffice Park. D. If this Lease Agreement is terminated in either��anner herein above provided,Lessor shali be entitled to the entire award or compensation for the land in such proceedings, but the rent and other charges far the �ast n�onth of Lessee's occupancy shall be prorated and Lessor agrees to refund tc�the vacating party any unused portion of said rent or flther charges paid in advance. Lessee's right to receive compensation or damages for its improvements, fixtures, persona� property, and of the moving or relacation expenses sha11 not be affected in any manner hereby, and Lessee reserves Shasta EDC lease Page 15 the right to bring an action for such cc�mpensation or damages, including loss of business, teasehold interest,and other reasonable damages. 22. DAMAGE OR DESTRZI�TIOIY In the event the Premises or any part therec�f are at any time damaged or destrayed by fire, casualty or other cause,th� facilities shal�be repaired,restored or rebuilt,or not repaired, restored or rebuiit, in accardance with the fallowing terms and conditions: A. In the event the estirnated cost to repair,restore andlar rebuiid the Premises exceeds the sum af Two Hundred Fifty Thousand Dollars(�250,000),Lessor and Lessee shall both. have the right to terminate this Lease by giving written notice to the other within thirty (30)days after the occurrence ofthe damage or destruction,in which event,the Tercn of this Lease shall expire as c�f the date of the damage or destruction and Lessee shall vacate the Premises a�d surrender the same. In such event, Lessor shall retum to Lessee any rent andlor other charges paid by Lessee to Lessor with respect to periods after the date of the damage or destructi4n. B. In the event the estimated cost ic� repair, restore andlor rebuild the Premises does not exceed the sum of Two Hundred Fifty Thausand Dollars(�250,004},or neither Lessor nor Lessee elect to terminate this Lease pursuant to Section 22_A, above,Lessor shall, at I.essor's sole cost aud expense,prc�mptty repair,restore or rebuild the Premises to the sarne eondition as the Premises were in prior to such darnage ox destrc�ction. C. In the event the Premises are damaged by fire or any other cause and this Lease is nat terminated pursuant to the terms herein, the rent and all ather charges payable by Lessee hereunder shall abate during th�period of regair,restoratian andlor rebuilding if #he Premises are untenantable,and such rent and Qther eharges shall abate on a prorata or other equitable basis if the Pre�nises are partially tenantable by Lessee during such perifld. 23. BANKRiJP�'CYDIt I11�S(JLYENCY If Lessee shall be adjudged bankrupt, either by volunt�ry vr invaluntary praceeding, or shauld be subject of any proceedings to stay the enforcement crf obligations against it in the forrn of reorganizatian or otherwise under and pursuant to any existing or future laws af the Cangress of the United States,or if I.essee sha�i disecrntinue business or fail in business,or abandon or vacate the Premises,or make an assignment for the benefit of creditors,or if the Premises should come inta possession and ct�ntra� of any trustee iri bankruptcy, or if any receiver should be appoi�ted in any action €�r groceeding with pflwer tc� take charge, possession, contrc�l, or care of the Premises, Lessor shall have the option to forthwith tercninate this Lease Agreement,and re-enter the Premises and take possession thereof. In no event shall this Lease agreement be deemed an asset of Lessee after adjudication in bankrugtcy. Shasta EDC lease Fage 16 24. SURRENDER l.�F'FREMISE,S On the expiration, C121C@�I1�IOTi {Jl' '�2'2323121'�IL}ll O� tlliS Lease Agreement, Lessee shall surrender possessian of the Premises ta I,essQr, deliver all keys to the locks on the Premises, and make known to Lessor the corn�ination of atl combination Iocks on the Premises. Lessee shaIl return the Premises and a1i equipment and fixtures of Lessor therein ta Lessor in broom-clean conditic�n and in as gc�od a condition as when Lessee originally took possession, c�rdinary wear an� tear excepted, failing which Lessor may restore the Premises and such equipment and fixtures to such condition and Lessee shall pay the cost thereaf to Lessor on de�nand. The parties confirm and agree the Lessae's obligations under the preceding sentence shall na#apply in the event of any terminaCion of this Lease as a result of any damage to or destn�ction of the Premises or upon any expiration af this I,ease following any t�amage to or destruction of the Prernises. 25. ADMINISTRATIDIYBYLESSt)R Whenever Lessee is requireci to secure the appraval c�r consent of Lessor under this Lease Agreement, "Lessor" shat� �nean the Director of CQ�nmunity Services af the City of Redding_ 26. E11�TIRE AGREE1t�f�1VT A�YI)M(?DIFICATION OR AMENDMEN7' This L,ease Agreement, which includes all e�ibits attached hereto and incorporated by reference herein, contains ali the representations and the entire understanding and agree�nent between the parties pertaining to the Premises or any other matters cannected therewith. This Lease Agreement shall not be altered, amended or modified except by a writing signed by Lessor and I,essee_ The Director of Community Services is delegated authority to amend this Lease in any manner which does not result in a decrease in the rent due under this Lease. 27. INi�ALID PROVISIDNS In the event any covenant,condition,or provision herein cc�ntained is held invalid by any Court of camgetent jurisdiction,the invalidity af the same shall in na way effect any ather cavenant,candition,or provisian herein contained. 28. Nl7TICES All notices and other communicatic�ns authorized c�r required under�is Lease Agreernent shali be in writing and shall be given by�a}gersonal delivery,{b}mailing by certified mail or registered mail,return receipt requested,pc�stage�repaid,c�r United States express mail, or (c} delivery by commercially recognized cc�urier service_ Any such notice or other communicatian shalt be deemed to have been given on the da#e of detivery or refusal to accept delivery ifadclressed as fc�llc�ws: Shasta EDC lease Page 17 LESSEE LESSUR Shasta EDC City of Redding ATTN:Tony Giflvaniello ATTN. Community Services Director 777 Auditarium Drive 777 Cypress Avenue Redding,California 96001 Redding,Califc�rnia 96001 Either party rnay change its address for the purposes of this Section by giving written notice af such change tc�the other party in the manner provided in this Section, 29, ATTORNEYS'FEES In the event af any legal action,arbitratio�or other prc�ceeding arising out of this Lease,the prevailing party shall be entitled to its reasonable attorney's fees and costs in addition to any other relief tfl which it may be entitled. 30. BIND�NG t)1V SUCCESSOItS Subject to the provisions in this Lease Agreement respecting assignment ar subletting, all covenants, terms and conditic�ns in this Lease Agreement shail extend to and bind the successars,heirs, and assigns ofthe respective parkies to this Lease Agreement. 31. T.IME G►F ESSENC,E Tirne is of the essence of this Lease Agreement and of each and every provision in this Lease Agreement 32. LESSOIt'S N'ARRAN7'Y aF AUTHaKITI' Lessor has the legal gower, right and au#hc�rity to enter into this Lease, and al1 requisite action{municipal or otherwise)has been taken by Lessor in connection with the entering into of this Lease. No fiarther consent of any cauncil, board, management or other c4mmittee,beneficiary,creditor,judicial c�r administrative body,authority vr other party is required. Lessor"s executian and delivery of this Lease, and the performance of its abligations hereursder, will nc�t conflict with or violate any statute, law, municipal cade, nile,regulatian, or pc�ticy applicable to L,essc�r or the Premises. Lessor has complied urith all statutes,laws,ordinances,rules,and regulaticrns applicable to Lessar and/or the lease af the Premises by Lessor to Lessee hereunder, and has satisfied all conditions precedent to such lease required by taw_ This Lease is and sha11 be a.valid, legally binding obligation of and enforceable against Lessor in accgrdance with its terms. Shasta EDC lease Page 18 33. NO PARTY DEEMED llRA�TER In the event of a dispute between any of t�ie parties hereto over the meanir�g of this Lease, no party shall be deemed to have prepared this Lease,and the grinciple of law that contracts are construed against t�e drafter sha1l not apply. 34. RECORDING Lessor shall, gromptly foliawing the Effective Date, record this Lease in the Official Recards of Shasta County, Califomia in accordance with California Governrnent Cade Section 37393. 35. COUI'dTERPARTS This Lease may be executed in c�ne or mc�re counterparts,each af which sha11 be deemed an original, but all Qf which together shal� cc�nstitute Qne and the same instrument. The execution pages af�ounte�parts may be attached to any one copy of ihis Lease to form a single,complete dacument. �s��P��:�oL�ows} Shasta EDC lease Page 19 IN WITNESS WHEREOF, the parties hereta have executed this Lease Agreement on the dates and year set forth below. "LESSQR". CITY OF REDDING, A Municipal Corporatian � Dated. ,2018 By: STEN REDER,Mayor Byc B TI ,City Manager APPROVED AS T4 FORM: BARRY E. DEWALT,City Attarney By: Barry E.DeWalt "LESSEE": ECC}NCIMTC DEVELCIPMENT CCIRPORATIUN UF SHASTA CUUNTY,a Califarnia non-profit carparation 1 � Dated: � ,2018 y: ev illiams,Chairman . iovaniella,President Shasta EDC lease Page 20 ACKNOV4rLEI}GMENT A Notary Public or other officer completing this certifcate verifies only the identity of the individual wha signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Sta.te of Caiifarnia ) /1�� ) ss. Couniy of ) On a� , 24�, before me � �• �70�� Notary P ic, personally appeared , who proved to me an the basis of satisfactory evidence to be the person�,�} whose name�) is/a� subscribed to the within instrument and acknowledged ta me that hels�ffe/t�ey executed the same in his/h�r/th�ir authorized capacity{i�s}, and that by hislh�rlth�ir signature(,�-on the instrument the persan�, or the entity upon behalf of which the person�j acted,executed the same. T certify under PENALTY OF PERTCTRI� under the laws of the State af California that the foregoing paragraph is true and correet. Witness,my hand and official seal. JODt L. HOFFMAN�� -t.�;• COMM.#2384s88 c3,� � NOTARY PUBEIC�CAUFORNIA n SMASTACOUNTY � Camm.fxp.FEB.27.202t Shasta EDC lease Page 21 ACK�IOWLEDGMENT A Notary Pubtic or othef offcer completing this certificate verifies onty the identity of the individual who signed the document to which this certificate is attached, and not the truthfutness, accuracy, or validi#y af that dacument. State af California } )ss. County af�/�"� } On � , 201�, before me, � � . 7'�7j C�U , Notary P lic, personally appeared a , who proved to me on the basis of satisfactory evidence to e the persan� whose name(� is/a�e subscribed to the within instrument and acknawledged to me that hels�f`e%1�y executed the same in his/h�rlthe�ir authorized capacity{i�s}, and that by hisl��Ylthg�r signature(,�'} on the instrument the persan(�r), or the entity upon behalf of which the person�}acted,executed the same. I certify under PENALTY C}F PERJURY under the laws of the State of California that the faregoing paragraph is true and conect. Witness my hand and official seai. .s+��n.�n�x.�.i..�..r..�� , J0�! L. HOFFMAN � CtN�AM.#2184988 3 � //!J�-j^-'s', J � . NOTARY PUBLIC s CAUFORNIA n t—J swassacouNnr � Comm.Exp.�EB.27,2021 CALIFORNIA ALL-PURPCISE CERTIFICATE UF ACI�:N{JWLEDGMENT A natary public or ather officer comgleting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity af that document. State of California) County of Shasta) On August 24, 2018, before me, Sharlene Tipton, Notary Public, personally appeared Barry Tippin, who proved to me on the basis 4f satisfactory evidence to be the persan whase narne is subscribed to the within instrument and acknowiedged to rne that he executed the sarne in his authorized capacity, and that by his signature on the instrurnent the person, or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERTURY under the laws of the State of California that the foregoing paragraph is true and carrect. WITNESS my hand and official seal. � BHARtENE TIP70N AJotary Pubiic-Califarnia � ,=a Shasia Counly z � Cammission#�2177A26 ' M Camm.Ex ires Jan 25.2021 Signaturer,' iarlene Tipton.........._— _. (Notary Seal) ----------------------------------------------------------------- NOTARY SE�AI, G4VEAS�NT CaDE SECTION 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE ABOVE NOTARY SEAL READS AS FOLLOWS: Name af Notary: Sharlene Tipton Date Commission Expires: January 25, 2021 Comrnissian Nurnber: 217'7426 Place of Ex tion: Redding, Califamia Date: August 24, 2018 Signed: �� Sharlen Tip#on CALIFCIRNIA,ALL-PURPQSE CERTIFICATE {�F ACI�:NOWLELIGMENT A natary public or other ofFicer completing this certi�cate veri�es only the identity of the individual who signed the document ta which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California} County of Shasta) On August 24, 2018, before me, Sharlene Tiptnn, Notary Public, persanally appeared Kristen Schreder, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed ta the within instrument and acknowledged to rne that she executed the sarne in her authorized capaeity, and that by her signature on the instrurnent the person, or the entity upon behalf of which the person acted,execated the instrument. I certify under PENALT'Ir QF PERJURY under the laws of the State of Califarnia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHARtENE�T�o`K"� Notary PuDiic-Calitomia [ i '" Shasta Counry = z Commission#�2177426 � M Gamm.Ex iras Jan 25,202t Signature: � �,Q . .. ................. arlene Tipton (Notary Seal) ----------------------------------------------------------------- NOTARY SE�AL GOVEI7S+TMENT C4DE SECTIQN 273G1.7 I CERTIFY UNDER PENALTY OF PERJURY T'HAT THE ABOVE NOTARY SEAL READS AS FOLLOWS: Name of Notary: Sharlene Tipton Date Carnmissian Expires: January 25,2022 Comrnission Nurnber: 21'77426 Place of Ex tion: Redding,Califomia Date: August 24,2018 Signed: Sharlene ipton Shasta EI7C Iease Fage 22 ACKNt?�VLEI}GME1tiTT A Notary Pubiic or other officer campleting this certificate veri�es only the identity of the individua! who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of#hat document. State af Califarnia ) }ss. County of } On , 201_, before me, , Notary Public, personaliy appeared , who proved to me an the basis af satisfactory evidence to be the persan(s} whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity{ies}, and that by hislher/their signature(s} on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the same. I certify under PENALTY OF PERJURIr under the laws of the State of California that the foregaing paragraph is true and correct. Witness my hand and official seal. Shasta EDC lease Page 23 ACKNU�'VLEDG�VZENT A Notary Public or other officer completing this certifica#e verifies only the identity of the individual who signed the dacument to which this certifcate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } }ss. County af ) On , 201 , before me, , Notary Public, personally appeared , who proved to me an the basis of satisfactory evidence ta be the person{s) whose name(s) is/are subscribed to the within instrument and acknowledged ta me that helshelthey executed the same in his/her/their autharized capacity{ies), and that by hislherJtheir signature{s} on the instrument the person(s), or the entity upon behalf of which the person(s}acted, executed the same. I certify under PENALTY OF PERJURY urader the laws of the State af California that the foregoing paragraph is true and correct. Witness rny hand and a�cial seal. Shasta EDC lease Page 24 EXI�IBIT A DOCUMENTS DEPICTING THE BOUNDARIES OF THE PREMISES AND THE FLOOR PLAN OF THE BUILDING ON THE PREMISES 3 Pages of Attachments�'ollow .�' � „�s',�` '.uG"�� , . -, � . ,� ,j"�,� �yx��' u� tl ,.u„'�k �,+}hY��. }�i� '�� C � �y � 3 `';��y�.�.xSC a�'-, {a M';.t � �x O � � �.� >�s�'� � �,. .�j� "� + C � ^ r�"�+ca�'° , u n ;. ��, �' f C3,y^�,' a�,,`�: ;::�'��. .t .;q '� "�.,, II�;. , �'� Y � �� - { �� k ;°' a 2 + ' _ +� � mQ � rm i� o � m_ � O 'O �a �¢" s'�: ..^. Q. a`m oz *z�4y' s � � oC� ' ' n �n 62 �'`"�� t n P� 4 s � C �a �y '��E� Q O �� t�. — � t�`! � � "� � a :Ol J y`f �"+. �.�,.. m� iS! 1A F� � '�'� t �r'.,'i, �� 4w,""-, �� 1 �,��.: LfA f�+r , "��r. � �� H �. � ��.': w �� t0 ,,� a ¢� � �, w � ��.� � � .��: � ,�� : � ;�. � ��. � ,��a' �� + r,ri {�� I � �'. , � � ;� � �� . :� � � P� ° � � � � '� ��. � ��4� �� ,r� ��;��'� e'^�`,��as �'� � ��-.�,�' a i ��,��,�?'. '��,z�, I �b ;4 �If �� `t� ,'s * i r�. 'g�':;'. � � r �i '�` i"pV � � ,� � G* tV A1 � n. � a 3 ��xpMO'uL2.55 � � � �" /y . �� 1y/ Q m v:!S. M J� ' �� "" � � h+.oa�za! �N� os� "� _... �z.su.�. .� � ��S � tu �y, $' Y�'"�r r�� ' ��0�" m+ac.a-^------...',y� R� N � ��Jj /�\ � _ t� � ..._ 3dtZ,LZ,SW ' >�4� �a.,�r �., �� a n.� � o—£f� o=�� O j ,`-�,` � �� a�� t a� �i � � ��``�-��3� � � a � : S � _ - `� � �l� �, 8�€�� 1 � � `� t 1 � �� a '�i u1 �j �e�� l � �� € � � ti � � 3 ` ` �� ; � a �a � - f � ' `3`y �q¢�+ �<t jah` f �Q ' A3 � 1, "Z � �0 i p � 1 ; A. I a � � � � 1� I � � 1 � �� '�'� � l J°' �� o �1a I � � ` c� t � �� 4 C � �� f 2\ y �� ' ` � � �� i � Z `� ��' , o r`' ! � �� '�59�£��'� � � ar sj �p�a,� '� a 1 ry �. t � .gb' o-t'�`� 2 �-S6.' �1� �f �f l � J , � � � iL `. .1�� '�. q,. � . / r' ,� I / r� `Q�sd .��,'y t �f j f i ,r ��j � a b`+, � f` t ! � , � �'r � ,� � i i � i - �� j � ; � , �� 1 'l a f� � � � ��! t' j f � l m `s`ip P� �, `.t � zf� • r ... 1 —,�ss'a �'�— f°' � r 1 , � I ��,�s �� ! 1 � '� t� �� ! � Vv� � �� M �2s � �� l t 1� d � �� `� t � -� � s ro'�'� ,'y�' ��L / +�N ` M�F'' ��?�� ts�1 ` m @"�'!\ ' g �l � �. � +`,�C'j �.°�' m1'� c,a a , tt� 1 1 t � ��' ,��,?� � �l �,�, � ` , i � �� 'S O �� a i �� n�' Cr�' �� a�r. �' �'*\ � �'"� �'I7 � a,� !� � p. ,txi�� '�t �� a�'� uti i o �' �$�, ��..�, �� N � �et �`' 1�. A � .� � � ~ \ � � a � ' ' N � a� �„..- �\ ,` \ 1 �' � �' !S: "' ��l�ft � ��,� \ � 1 0� 1 : ,b,n '�r` s'��. a� � eN��\� � M : g a�� s�y\ � Vl� � 5,}2��27 ia4`��} �4', \ � ".� \ -�: !L 9t��48�,) r�� \ �+�/ ^ �j18-3� l S/•Sa �d�b�r' ` � ul \ �b9 1 � O �1, �u,�.ss�'� �t � i i`� �d �..- ' f "� a�� C�V` V��Ua'3 ` �9� \ Cs°n+qGaoi9+ 0 14�wuroeptlRYW0a47 �p tY tl� ...__��..�..�_-.w�� W U . Z ; W u. � � � � � � g � LL u � O � i � � o� � � �� w � t� r" G� W U �- � � � � � � r � � � _ {�f� � � � � �y {3 �n tr3 � O � cn F_ � �j � LL fl" u�., Y � � � � � � }„W_ � `��' `� �( 0" � � � � � 1�# � � � � fl = � va O � � U f.ti. c�"t. � c~i � fl �' m v � � � r � � � t"" � � m � � � ...� � � � � � Q � � � � � � � � Shasta EDC lease Page 25 EX�-IIBIT B DESCRIPTION{?F INITIAL LESSEE IMPRC}�EMENTS • Remove two{2}non-load bearing walls that were not part of the ariginal design(see attached drawing}. � Re-Key all in�emal and externa�locks. * Change the directian of the door swing on the datalcommunication roorn ta allaw for improved access for serviceability, • Install"Push Bar"access on the Side Entry door for added security and access cantrol system support. • Add mechanisms to side door to support item above including rods far lacking,the addition of hardware to provide for one-directian swinging ta imprave reliability of locking system. * Perform minor interior electric work by tapping inta existing circuits to add electrical (110/120 VAC}outlets. �,.. �__. ____ _ ..___. ._._ __�_� _ � � i � t CONiPUTER ROD� �� fss sF tAvtx'rcaRaEs DiRECT�R N8� G(3AAPLIT�3t& 3IIa SF ! �� tW SF � l{[$C#�S ¢ �._ 25 sF H�I�RY tt16.3 SF f �� COhFERElS�CE � , - L.Ci88Y OFt1{;� i�PiC�E . �o�! 612SF i32� 13�SF .. � � � -- � � { �s&r �SS�Et lit�i@T'�tlT t4Gt�b68i�tt��13 � * 7C3TAt$U(�.D�+tGARF�R:Ft�SF {�— { ,� �� - — - d...aa..— . �""�( `� __ ��00��3ft t � _ �y'a'�yN t � :��r �'�� e�� i � � ,�i,l d$uwy�,. � - . � �� r� �� "�'Y O�' ��E�� s / �a p�� 777 CYPRESS AVEN.UE,.REbp1NG, GA. �9''0001 , _ � _ � � � �� RO. Box 496071, REnDl�le; CA 96049-607'i PAMELA MIZE,CITY CLERK SHARLENE TIPTON,ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX rt �r August 20, 2021 st{#�t 4r� j {c�it's � �ikyr� 2 i) t � t��l f �� t it��{f' ¢�' } i�: Economic Dev��{�,�;�ent Corporati��;�}�f Shasta County { Attn: Todd Jo��`��'resident ;'°r4"�t'y 777 Auditorit�s�x�}'Drive �,ft{{��r� Redding, CAV�5��001 f`;;`` ,� �,�{ ��t s �I �,tl� `'��;',r SUBJECT:�� Fi��t��j��nt to�,��f� ��,�j�t,$uilding��Lease Agreement,C-7786� {i�,�s�fS.�i�,,.i<a, �� 3 r it�t�S.�., t it � j�t rt-" � Iysj i tft 4i # r Dear Mr. Jones, ,'�`f�� ,�}'�� {�ti �lte �ti}3 t`Y ii{iS}{E}' 1�#��t�}€ Enclosed please find a copy o�',��e fully ex��'�d ori��l of the First Amendment to Land and Building Lease�Agreement by a��,,��,r�]�'�tCit�},��;��ng and the Economic Development {ft sfJ} �f�ss tz? t��7 riJ,t`} t�Stf I Corporation of Shasta County�. r�,�.41 ,r r�j ,,_ , � r ��,�� , �, � {t€ j4 l.. 3f�`J�f This Amendment was approved by the R��4��i City Coun��f�t rts£regular meeting on August 17 202�1. � {'� � t t 1 t ' y t1 t �, { taa`� } ti+ f��i�r�; �� tf �� xl� 3 t 4t ,f '� ,t�t�7��. � �{ � (t�`I t �� i I�tt�/ If you have any questions regarding thji� agreemei��!'�'��'ji=�we can ��F�f assistance,please contact � the Office of the City Clerk at (530) 225-4044. r'�j;� ' � �� s , ,��az�� r�'r � tt}�t 1,�; }y�, tik,�,' tjtr t {�,��. ��7t EF� , �t��Jr 'lr�� x�? 1t4;i ��7�{a � � t tss {�t,r'. f t t (y s7�Cr �{�t � t I��ii;t �f�r�t 7�t r,{R) ,, S�`��'��'��%,j \, i � _:: ,� � . Joan Twomey Executive Assistant Enclosure cc: Ryan Froeber Grannis �' q �R k�r� ' �j � � a� �.. � • y, �, CI7Y OF' REDI]ING I� %/` , � ; �� i �777 CYPR�E55 AV�c�NUE. REDDI'VG�:�CA 96001 _�J,��;� P.O. 6oz a96n71, R�ooiu�, CA 960�9-5071 i - OFFICE OF THE CITY CLERK PAMELA MIZE,CITY CLERK SHARLENE TIPTON,ASSISTANT CI7Y CLERK 530.225:4447 530.225.4463'FAX �{ �F:t ��t} I�f�jfj}}.t}4� ! �x,,G,,,� , f�{.�3,� ,r�1,�� , , Augusf�I 7 2�21 , k � � ;'r , � ', � ,t rt � tY,7. 7 4 tt t x}y . <,��{7 1 �} {4t{ti 4 ��t f7 tj t y p �C zs1s5. Leslie Morga�,{�' Y`�sessor-Recorder 45{t"�,� �Shasta Coun��ssessor's Office ,{;"'``It� lt4}L 1450 Court ��t, Suite 208 A �'" Redding, CA'��1 ,,a,�� t�U�tY�,� f� ,� i:7 � ' i' tf'I t�;z��i}71'f�r�Si t �� f�r�� + � } t Y,; �itt ;��G 'it t f f1 r. i��t i �i;;r„��}„�s ��:rt t � t t Dear Ms�. Morgan. ,,��1��t��` � ` �'�j� 1 �y�r3rvc` z,',31'i.z £ 7� 17�� For your records, enclosed ple��`�find a copY q�'�� First Arnendrnent to Land and Building Lease Agreement�with Econom r�,�} evelopm��t��rpor��i of Shasta County. tr 7 ( ��Er}� �}ik)}7 s r r�r� � ��i�� 4jfr��t��t�ft i}t If you have any questions regarding�`��r��fer,p��;��eel fr�`��{contact our office at 225- 4044. t� t, 7� E,t ��,�:� i,��t� ,� } 3i�} }ts�Y x f fL" Y 7 y,. t�ill #t�f(t:l � fj,� #f { �I,��tFt t�t�i ta �� 7��?j�Ei�: {a , i 3 i1 ��t� r t r i i�t.�� Si itt �t s�� {�}3 s;y . � �r7 h�., t t�� y 1 '�r t r�s(fr. ��, �i }, '`t��',,,��''��y� clt{4sirlJtt` ...1,� i{��, t�.;s '�_� .+z� f kr� }4i{y y�i ... `t+ � � j I t r yi. m � f 4�{ ��`� : � �t xl �s c� it� {t ��t��tJs�t i.-� � J� � 1 W �5 St Grl��s ix tr.lu �. A��,t f E�}��issistant Enclosure FIRST AMENDMENT TO LAND AND BUILDING LEASE AGREEMENT (C-7786) WITH ECONOMIC DEVELOPMENT CORPORATION OF SHASTA COUNTY THE LAND AND BUILDING LEASE AGREEMENT (C-7786) dated August 24, 2018, between the CITY OF REDDING, a Municipal Corporation and General Law City, ("Lessor,") and the ECONOMIC DEVELOPMENT CORPORATION OF SHASTA COLTNTY, a California Nonprofit Corporation, ("Lessee"), is amended as follows: r rt� { Section 2.A. r�� ,`_�'' �,�'4��`'�'};�t }jj i' ��f,is,, t t`tt I t�tt fyt( t E � �y��st�t A. Th�;}��'��i{�1 term of this Lf��shall commence on the Effective Date and shall expire on 5,�� y°� "�ber 30, 2�022,unle��=�ooner terminated as prt�vided herein(the "Initial Term"). L��e may, with the c�'��;�nt �of�Lessor, extend th�e term of th�i�s� Lease� for two a��l'tio�nal periods of o�`i��(1) �year �each �(each, an "Option Term"). Lessee �shall p�'�;�,��e notice�of its intent to exercise�such�Options by giving Lessor written notice of jl n�, Les��r�Xercis�s�f such 0��,��s) at least sixty(60) days prior to the�expiration of the�� 1111t1a�'k�'�' x�'i � �,eC�l 't,�` tI.tt � � ��ti��t�� Option Term; as�tke�ase may be. Lessor shall grant or wit�i�i'o�d rts ��'it to eac```'}��ch extension, if any, by delivering written notice ra� 1�� ''��'_ � � thereof to Lessee�wi��"thirty(30) d�� following Les�sor s receipt�of Lessee s�exercise� �notice. All terms,��enants�and c�,�' r�'tions of this Lease shall rernain in effect during� �each Option Term,f��ept that tk�a� `,��nthly�'fi�nt shall be increased by three percent (3%) at the commen�� ;��`�� Op��',`��,� if any� (and shall continue at that� r3��w d t t t �t t ��arnount�during the rem�i��„��`��at (��"�e��;� ,The Initial Term and all Option , �Terrns, if any, are�hereinafter someta:��'referred to�j��llectively as�the ��Term". ty 4"{�{p` 4 i )t 3t� tt �yY �' jf i �}ht�. t�.i tta�xt� ' �3� 7 � tli4c '�S y��tti4�4 tlffltf : S�ection�3�.A. tl,`�'�t '��l� 1'"i 5t�,�,rf�� t��;s lt��` ��`r§iy�i{�ijs�{i. {}��ti� �;,��{�` i �i i. }�»�' t i a� ti2,4 �3 �r r i i �r.�3��r's's{�{,,,u� j 3� r,� A. Commencing on the Effective Date; and continuing t r��z ghout the z�mainder of the Initial Term of this Lease, Lessee shall pay monthly y�}`�i�� to L�,��;'��t`�he amount of �Two ThousandEight�Hundred Seventy-Five�and 50/��T�,;��,875.50). t �r��z�rrt�{ � 'tif��t, . �{i iii �r��Ii�, . �r'�i r r� #x�s (:,�'-' 1. Commencmg October 1, 202"1, throu`�,�;}t�,�,��ier 30, 2022, Lessee shall pay monthly rent tt� Lessor in�the arnount of�'�"�vo Thousand Nine�Hundred Sixty-One� and 77/L00 Dollars ($2,962.00). � � J C� Page 1 of 2 �, ,U - ��1-� � �'P�o��.� . All other tecros and conditions ofi the Lease Agreement dated August 24, 20]8, shall remain in liill force and effecC. The date ��f th'is Amendmet�t shalT be the date that it is signed by the City. IN W]TNESS WHEREOF, the parties hereto have executed this Lease Agreement on the dates and year set forth below. , , , LESSOR: , itr �tx�lr��'�rzr4J�� 4 i �' `�� ;'��'"`'��j'' `,'r„� '�,� CITY�OF��REDDCNG� j t i4 s i t,J14(� � � t�� `�'�` �A Mu�� ' '��al Corpor;tion 3� � � }�,v t t ��, r��'' ��,{�f � t�t .:� r ,`l�. �t�� r f�� ,� 1r t f. Dated�: �.,r;�,r. �� , 2021' �`_:;,.,�`� _ ,r�`% ERIN D. R SNER, or � � 7,,�,�i, , .�� ,s jr �'� }i�{��F�r X��'tr' i'� ��,t� �� kt �i i ��} �i� . f; �t�t iS� 171rl� �s �i3 t} i{4�, .�:t(,a�,.�G�... t t S t . at �}t�ti,,��t s t`f�t � �� j 4}s�.. t ijt� t �4{ t ATTEST:�� ;��5';"t�# '��}it�`�APPROVED AS TO�FORM: r� s, f;t,�,ti { i t �trj4;3lf1 t 4 r.}t Jt t �'��,�f t� ,,r,f�tt`�t�� B��'`�' E DEWALT, City�Attorney� tt��s1 t��{�' � }� e �7.t t'.,trJ3jt�elt , l��?i� t 2 ty SSl�y ff,_ . st}s t y i tftf i� ,.�a Y,4,i,i o`��F^` ¢7 '" f( s �'�1 �1 7 � t ytt�� y�t� . ....�.�� .. . i ;441 ' i; . t t4�}i{j�, PAMELA M1ZE, Ci rk ,�';, �,',j�`�� $arry E � ,�a t � {tyt� t , , t�l�fr t �2ja�} �2 iJt� ) �fyiY::. ''$457}+f1��'j' '�3� srk7ls t j IJ�s��{j y�}�t4 t2 Jy�t' �{ 7 i � >ttat �t it ��t �k #t�tii}t � ixi r i . ` fri7f7v�',,:?,,,(i.�s" s�{i�tt.' t�}y t i LESSE�E�: '�°�', �z��,{ t � ;45��' � i tt} f ,�l},�nr+t .. 't�{JYt, t}Y2 ti�t tt y t� � f: t��,,,w� �tt � �Y17 k�.F/� I'��,�VOf1�=�� sft�`1fELOPMENT ct��,�`'; ��1oN oF sHasTa �� COUNTY,a California non-profit� corparation �— Dated: ��"��, , 2021 � Todd J , resident Page 2 of 2 � B T '� F _.-=' ��1� � E I �� - ,'/ 777�Cypress Avenue; Redd�ing, CA 96�001 � �" '"� P�O BQX 496�071, Redd�i�ng�, CA 96�049�-6��071 �� A �L I� �F� C7 �R �- 1� ��'� cot�c�fr�cldinga�rg PAMELA MIZE,GiTY CLERK �SHARLENE TIPTON,ASSISTANT GITY��C(_ERK�. 530.225:4447 530:225.4A63 FAX September 29;2022 Shasta Count Ecano �}k ` � ' y � {,��,��,��t�nt Corporation Attn: Tadd Jones,4��`��`��reslden�$''';'1 t4;t,a 777 Auditarlum t,��'�;�'c {'�`, ,4f s �; Reelding, CA 9��i�� € t } ,ti,s'a"" ' }l's,t: ,� t , � � , +,�f �l{ �{�'t,,,: t t�r: �1�,. k RE: Se�jj��i Amendment-C-7786 t 2(�+( � }`$f SS41 Dp y. /� "( p 11 1 4 Val �Q�U.f�n.VS,.i tti i'7 {} Ik, 4tf t Jt{ }#}itt}ji� 4� i i ti g ri�} �t��it �t�t r� It t x f i t �S.;�v.i�,.z<��stc� t 1 tt� � � y�t i; �fi ti�„ut�� +ta�,�,.� i�ztt Enclosed please find t]��;',;�ally execut��,'xtoriginal of the above referenced Second Amendment to Land and Build�;��'°Lease� Agree��;�t by and between the City of Redding �and Bcc�nc�mic Dev�lopment Corpor�:��of Shasta,��;�ity re��ing ��ase�exrension, �� t t7�t}t�� t ci irttt . If yauhave any questions re'`��f`��4`��r��ii`s agx�"��`��;�,�}{�ue can be af assistance, please ,.,,.� , 5 � , � ; �3 contact the Office of the City Clerk at{530} 225 4,�� tt�'i;` ,�� ;�af�4t i` �i��sfi 4' {# } t s a }-.. 1 ��J� t�f�'� 5t tiy�tt! 2�fl . : {1�� ,"! �t�. {ytt 7'� j�}�,1 ;` j3s�i�t r+�ix� fJ� �i� � ��. t,�f`7 'S�� t j � jsr � t �t. Sln.��'1��. s4h}4ii { 4�i t�s#`s �4tl�t� �- � s {,ti��it�{� �' j iGi Il.. �_ t-'" �.�.. _' ... �is�r�� . i 1 __ � —y� __ � ��*�e�, t�l j{�i t _::- � _ -�.- ,„- -s�...�R-,„,�,-.,".�,^-.-.,.� _-.�..�_ �tl�} ,.i tyl�ikk�} {,i ' ,�.-''' _...�: , ..,,3 .r.v .._........J`""�,-� �t`"�y» E f �,r ,. -�;,y,�f};I� t; $�" {�'^� �Amber DalPoggett� � � ;',�;t S tJ�} Y,�,,t,=,i4 � Executive Assist��' �� 4x'> ;{�,,"_�`` ,' }ft ( ��t��t, ty t t}tiJ,�,�a-nv Enc�osure cc; Julie Crummett Kim Niemer Ellen�Grannis� SECOND AMENDMENT TO LAND AND BUILDING LEASE AGREEMENT (C-7786) WITI� ECON(}MIC DEVELOPMENT CORPORATION OF SHASTA COUNTY THE LAND AND BUILDING LEASE AGREEMENT (C-7786) dated August 24; 201$, and amended on August 19; 2021; between the CITY OF REDI7ING; a Municipal �Cc�rporatian and General Law� �City, �("Lessa�r,") and the ECONO�MIC� DE�ELOPiV1ENT� CORPORATION� flF� SHASTA G(��LTNTY; �a California Nonprofit Carparation, �("Lessee"); is� amended as follaws; 24� $� .1�t }f f};tt�;}fi(ftSft Y4Lt � !tt i>��{ 'b Section 2.A is ar�=,'��`�'to reac�''�'�'�`��entirety as follaws: A. Th�`�`£��`ial term��t�f this Le� ��J� ,��z<?s,f,s "d � � a��,;��a�l commence on the Effective Date and shaIl expire on > +� z , t, 5��'nber�30, 2023, unles�;��ner terminated as provided herein{the °Initial Term�"}:� L��e may, with the� cor'i��it of�Lessor, extend the term of th�is� �L,��ase ft�r otte� ad�,��t�lz�a1 p�riod af trne (1)�year�(the "Option Term"). Lessee�shall provide nbtice� r � af It�r��'��nt to exercise�such Option by giving Lessor written notica of Lessee's�exercTse� of suc��',��,,��t��st s��t��'s prior to the expiration of the Initial Term �or immedra��cr"`��ing j�,tit7�,�'�'"�`eri`�'`�f{��the case may be. Lessor sha11 grant or withhold its consent to each su�}��ensit�n, lf a��:by deIivering written notice�thereofto Lessee� within thit-ty�(30)�day�t�`�llowing Lesso��{�eceipt of�Lessee`s eXerclse notice. A11 terms, covenants and cot�diY��s�of this�Lea��`��all rem�In in effeet�during each Op�ion�Term; �except� that� the� mor��' rent s��t'�e m��d by three percent {3%}� at� th�� p } �` l_4 is�t I f f 5�..'�` f zi �ei�mmYnC�me+nl�dl ��.e+ll �` l 2 iE Il a t ) �j�i t y,��;��;`��, z��f��f� continue at that amount during the remainder�of that Optlo�l��-rn) '��,��iltia� Te��5�nd all Optiion Terms; if an�, f� �are hereinafter sometimes referred to�`��ctively�as th��,��erm". ��iv (, 5 1f( t i�}t(f !j IJ��}{}Jt r l ''�}t�) �i�{ t7Jrf{tyl d 7t �SS �}}�� f i[ F��f� f tt � P , � i ft�, � � t �� t� r t t�`� S£GtlOtl �.1�. 15 a111�TIf��C� t0 i'eaC� lil itS�'��`""�.J cl��,?��y�f�y�}$„',t�` „'`,�,� ��,.," ff },t r r�, t ,�,�' rry , �4f it7�� t �i4t.�. {;t {rj,. „v � s. t t A. Commencirtg on the Effective Date, �nd contmuing thro��#�ut �he re ��d�r of th� ' � �� r Initial Term of this Lease; Lessee shall pay manthly re��'�l��i Les��;{��',t��;`amount�of� Two Thousand �ight�Iundred Seventy-F�ive�and SO110��`3,'��_��'�5�.�50). t�itj i�It lt 4 !7.� �.`;;� �$�t ��tJ}i{ jss�,{f��„ 1: Cammencing October i; 2021; throu�l�'ytl�� '} $��5��'�30, 2022, Lessee shall pay monthly rent to Lessar in the amaunt of Two"Thousand Nine Hundred Sixty-tane and�77J100�Dollars��($2;962�.00), 2: Commencing October T; 2022; thraugh September 30, 2023, Lessee sha11 pay monthly rent to Lessor in the amount of Three Thousand Fifty-One Dallars {$3�;051.00}�. ,�-,.,. � Page 1 of 2 �-� t� �� A11 other terms and eanditions of the Lease Agreement dated August 24, 2018, shall remain in �ull�force and effect. The date of this Amendment sha11 be the date that it is signec!by the City. IN WITNESS WHEREOF,the parties hereto have executed this Lease Agreement on the dates and year set forth below. t�,�,1, ,�k��> LESSOR: i` rt` j �``� ;'�`'' 1ti`7 If'�`is � '"" '` `;�; CITY O�"REDDING, t?.�t s r�if t� jt� t i r ��t �� °'x�t �f A Manicipal CorporaEi�n 7 4r�t+}},12`� l` 'al4. s" t� 4 t{ it<ti 4 It �yzi iti�� i } lt;t t r �� ls F �°' �'" r,_ DC�.I�.U... t i4t i� : "`� � �Y it jl ' �, 2022 c,,;, �, � �3; Kris�en 5�� eder, Mayor � , r, � f,s�}�,., ; �1'�i j r t{ YF�:f ,�it't�t 3f{ kiJ t 1 ��3!f s� ,��s� �{� tl{4i .{ ;'�� rtrl�5�t��t{� 4�� r s { s ! 2�„`ti�i7{��$u3 € ;t A _ t4 {1 } tis ... {# „�� ,a� t k i ytstit}si,,j j��t i � t z i" �a �� t: + {tar�i��+�� a�� r: � r��. �x }i 2� ATTEST:� ,��'t�� ,�j�',{l�'r`,'APPR,��ED AS T(}��'ORM:� �"� � ', llt � tj� �ii�}rsr� {'r{1�} rt� t��s iit ts� �t`„==�,`i�t�,t 1,{�t��,s�ir}� �� `'�`��eWALT, City Attorney kf �ril {,({t�yft td�tj5iz�t. `?�°,t ttt + ru„�Nt�.:r4 l�y 1 1 ,�t �-�,._—�:r. �� 4��i`ftl � 1 1s -�' �` � � ,s �� r $ .,,;. f�tyt {�"� 3� t . ."" .-"�� .v',^�` 1- l � f} �x "- 1 ,� <.p' � tts� i ry+�ttt�. �` �r �� '� d 7t 1 }'}{ 7 :.�„. � y .. �� , t PAMELA MIZE, ° lerk �4�#'�,t t' ;` ,11 Barry E ��ait it`,'$t,: �f sti �x r �s�lt:f �fttx j � �?��.4 ti t ; Y t � �1}4 k �4'sS�is�,+t` � L}t r h �. G t .. s�fx}t �'� :t� 4 17��'1.ti��ti��•u�� . t i,; } �� it t�l b'��t 's,� LESSEE�:�� t�,�`,,� '=rt� �,�, , { Il' sSt�t£ t i 4i� �' ��42�t�r �4�jN�s.,,S>t �t ~tit�t is�t�'�2 z t s.,, ��1 ��s� t��,>�'I �r �ztlfy EC'�}��,��'��EVELOPMENT CQ `�f2ATION OF�SHASTA C4UNTY, a Califarnia non-pro�t �corporati�n a� �..�.�_.� �:.�-�_. _arr� ---� �, .�� K..,.,.�--- f.. .y *..�-,.+ Dated: �� j�; �� , 2022 � �— Tadd Jones,President Page 2 of 2 C � TY C} F . KIMBEF�LY A. NIEMER, C?tRECTt�R �� 777 Cypress Avenue, Redding, CA 96001 ~ �`� PO Bt�X 496071, Redding, CA 96049-6Q71 C A L I F t� R i�i .I.f.;=1�'� -, 530.225.4512 I reddingrecreation.ocg �t.�MMUNITY SERVICES August 30; 2022 17[t tf t { t � j4 it� t � F�i iIf�kt t�},t S 1 i t ( b 1 tl Si j 1 4rs ,�yf� 7�u,., � r{stit� r t 1# f�{a<r ��i��E ti s� �'� t° �;ti� r t � � y �f lt c 4si t��r t t tt Todd JQnes Pr��+��nt '�={f�� 7 t f;�t}� Shasta Count�t}f��onomic Deveiopmer��ft�r�rporation 777 Auditori�,�;��rive� `' '� Redding, CA ��1 lt,�t� r },;lt�, � l ,s� �� t ,, ��#i}t�r��ti��t.,jt 3�i��i s� t��z}yr z }"�7 t'tr t�4r y�� . • Ie�na� �f �.i't t � i4E s t S ' y ... RE:Extension of Lea�`�`��mer�5��'�"��b} ��,�Auditorlum Dr. Redding, CA � x , � 4i} t$�3';f "f? t �f 4' ��f S 4�4 G' �,t�i�t 1. l � 7f j Dear Mr.��ones; S"��1 �� #` , � ��t' S;�ft t��1`� ��t�IS i(�t � � �it#�1i} ��tt f#i s�s"�, . � i r } }ts t� 1�1 t it� tt 1 We have received your�vritten requ��,�s��r��the{}E}}�t ��;��,��ase for one additional year.PeT the�Cc�ntract (C-?786); the term of the lease agre�� will be ��,��nded to September 30, 2023, and the� monthly� rent �will increase to� Thre�, '��isand Fifty r�' � Dallars �{$3,Q51:0�0) at th�� commencement ofthe ter�n. >��''��'r` t� �`� �i �i4t� 1t i�t 1�t;t3S { 7e} �tt 2 i� tt��f . j � .�t�� r f tt��, ti � t' �i��+t�� 11� 7t ),e°' #t ��t y:t oi� t;t . 1 �itit�t}7'�4�°� �ti �. Sirscere�y� �,� a rs��,j �, �r .,, }4t� 4 t' t vi�idf.li..t�a:. �,iS�it tl t�° fi .. �_ 3 S 1 fY� i �r`�� :�{ �' �t�S ir ��l y'�i t�� f sf�j �a{f 4a, `, �� " � }2S t( t� �+ „r,' �.� f . J { tt� 71l sSttt£ t i ,�."'� �' c g �itsz�}I� tt ~t A� . �.,-¢" � r�t �(ir$t�t��„�<- � �r k�, �� f / ,r�im�ily��. Niemer ��, ,�� ,��i�l,t,#'t;�,f��,t,=n �•� �`��',t�,',;�,�s�y'� '�' Direetor of Community Servrees �``�; Barry E. DeWalt, City �ttorney ` Niemer, Kim From; Nremer; Kim Sent: Tuesday;August 2,2022 4:47 PM To: 'Todd Jones' Subjert: RE:5hasta EDC lease Your notice is received and aceepted. Kim ;l,� �,,,,� } th71iz1.�.17;f.�.�f >.',tt�i� s't�t 11� t Ik{�t<<' i t t�{# is ,�it��} �t f�t ``t i i��t s {� i7l�i�' itiitt tit t �t � �� s ( i{i � �� t t;�� t�itti�j�.. �r�x�,�;'' t1t�t�t y.. } t{� 17 F rt + t t i t 4 � tt ;�� # F{1�'tir t j I S ti1 Kimberly A. Niemer t �r �j t ,1� �}IC0C�01'O[ COMIi1UflI�T��`'�`.�� tt! }i�+z}�t t»i�pr'i'�r �r 7 � �r tftits t r � }� s City o��Rei�ding i� � �� r t � �,t 7j t, ,4 4 F�1�,a}: � , { ��.,�,.tz. � �� z,.�� j� :{ (i30) 225—d085� y{�Z i, �� f� tit�itt2, i t��+l{,- t} F}�' tj{�Yr� ��l � �3��yr � t! zk i t y1 t : _. 4i i isi'�j�}` tt �l ,��fi}1 �r{i }t�i� 1>35t f�1 � r�i i f y��'5{{f�.,' f:i ijt{s�� . �t�;s f�z 3 1 'sj}it t ?4 7 r}�t3 s t �t t Frotn:Todd�lones�<todd@shastaedc.org> �'} ��,z;,j;,�'�,�}�'�„y�� 4t��1';,;,'`�� `"t'�`�``, t 5ent:Tuesday,August 2,�2022 4.16 PM s��a„�'` s jzt, To: Niemer,Kim<kniemer@cityofre�dding.org�� j��$'{1'4`' '�� 3��f lf� ��+� ��Subject.�Shasta�EDC Lease� �'<t j�;��,, ,;, „��'' k �I 1 t'r' . i lt� 2 fl.� t$f l , 1� 7,t f �}11 : 17J��,�l� �;'�1ti tf��T�:'' ��ict CAUTION:This emaif ariginatetl fram outsitle the City of��Eing, pie��>`��,��,r��links c��t��chments. � � �.��,h�z,u� �-II �I�� r �,t � ,tt4t fi i �� it� t�� I tttt ��t(1 t�� }� �5 � ��)� i 7r� 1 hope you��are doing w�(i. I am loo�ing�forward to diseussing th�s more with you��z��k��r�"{o�violate��ur optior��tt�� rz„ ��;� {� extend the�lease at 777 Auditorium Drive,At this time,we are�intieres��d in ext��,��,��x,�3��'�►ease��far�one mare year but want to talk thrraugh some optians with you�before you draft a�n exte"��`��'�to�give�you 64 days notice far our intenC to exte�nd which�i�today! �,°�' Talk toyou Friday.Thanks, Kim! Best, Todct lones, MBA President Shasta County Etonomic Develapment Corparation 777 Auditorium Qr Redding, CA 96001 Todd@shastaedc.or� C: {530)355-2860 , C I T Y O F CITY OF REDDING � 777 Cypress Avenue, Redding, CA 96001 � � ' PO BOX 496071, Redding, CA 96049-6071 C A L I F O :�R —N�:I�! cityofredding.org �SHARLENE TIPTON,.CITY CLERK 530.225.4447 530:225.4463 FAX September25, 2023 � Econamic Development�,�;:;a ��on of Shasta County ATTN: Todd Jones t�,'�`,�{'1',�`; � _'`'' ��,'E{�,� '�'rt:t�' � �ri h7 � 777 Auditorium L��'��`��`'�� '�<<'' �. t� lt,� �r Redding, CA 9��,�"� '``�i£�`,``, 14.y�y,{ ti t$ t. { i t�r�tt'� t �;ts'. � t r� �,'t�s ' RE: T��r��}Arnendment—C-77��'1' { i tz�i fi t�� 4 t t Dear Todd Jonc�4�'�,t ��`` ,; , � ;j �{� 4J�{�7 r r!f j S ${�$l}t 31) Enclased ple��;:��,��`� abc�� fiilly executed Third Amendment to Land & t � � � Building Lease Agreement by ar�,`4��ween the ��ty c�f Redding and Economic Development C�orporation of Shasta C�ounty re��ing the�lease ��,�77 Auditorium Drive. i x�a ,.1�,,,,,, r ,�� }�., ;�,,; If you have any question�tt��arding tl�,t�{i,I��reem��`'�r if we can be of assistance, please x contacf the�Office of the�City Clerk��,�st��,��`4439 �r��,'t'`r�`;'t t, �t� "E 4S� it� s �F'�f��ts�. �til �„>�� Y'� `�j(4„�,�"r ti �1"� �� 7� 3<t r }t jl t t ktFt�� f� }L�3 rsnk�'� 1�'t�tt I' v �tt 4t`s Y st��i r t , � 1 tt� t>>if��'t7 ('{ �SI11CP��`r �}t t ��i 1 zt'3 t$� 4t If� �t? 7"t�i ,•'��t . i t y$ t"�.t 1�}�iS� {'i i� �{�rtt}.f�{,'7 w"� t� i.. �frf�,' � � �`` t $�.. {�r �{�# . �ttfit�t�a�4�`" �t s �� ,; � � ''rr t� '� {ti�r4$ { ?r�` a . z t s s.�;,r�,•. Kristen Mc ee ��`£„t ,, ,;Y� ��„ � Mana ement Anal st� '` `�' � '''`'Y ``f'}x�� r� ��f.h. 4�7�£{ �ft}� iu t 4 2J ttt)}�l i�„�'"" . i 4 } 1 . �i��i�i tkri�l�..J }t;,3>� � t .#x 1„t�'�� Enclosure cc: Chanel Kincaid Ellen Grannis THIRD AMENDMENT TO LAND AND BUILDING LEASE AGREEMENT{C-7?86) WITH ECONOMIC DEVELOPMENT CORPORATION WITH SHASTA COUNTY The LAND AND BUILDING LEASE AGREEMENT (C-7786) dated August 24, 201$, and amended on August 19, 2021, and September 19, 2022, between the City of Redding, a Municipal Corporation and General Law City, ("LESSOR"), and the Economic Development Corporation of Shasta County, a California Nonprofit Corporation, (`LESSEE"), is hereby amended as follows: Section 2A.is amended in its entirety to read: A: The term of this Lease shall commence on the Effective Date and shall expire on September 30� 2024,unless soor�� '` ��as provided herein. t x .��4 .�r`tt��<irsE �z. $ ltiz�rk�tfr�s��f �t�t';�i'�t ��,i Section 2D.�is ame�,��+�`��in its entirety'��tead�:� i�fii{ 44," rt £ tt t�Lt h j� . D. In the ev��;Y��f early termination, ��see is required to pay monthly rent until there-is a replacem�`��tenant. � `{,�� { ,, 1��. }jt s t (� {}#?�l �a t t Section 3��.A. is a�i`il��C��,�,��,��;� in its ��,�,�f�s follows: slrR{i,r tz)51 t� 2 ,rit {��' �}ft � jtt� '�i t, �.vsi`�tS t i 7 i.s t itt t�s�r`` ` f t Sstr ..�..�.,a, � r t � s,t � }� 'f s':tia A. Commencing on the Effecti��t 5,��'t`e, and con�`�f��ing throughout the remainder of the Initial Term of this Lease,LE�SSEE shal��%�monthly ren��'��ES�SOR in the amount�of Two�Thousand E�ight Hundred S�eventy-Five and ti��1�00 Dollars �� 75�.50) r 4 � } li t{ 1+t�ts;�{ � � 1. Commencing October �'�;{�'��1�,�� Se��`',�Q 2022, LESEE� shall pay monthly� �f t r t �t�rs s � i} r� t }5�j rent to LESSOR �in �the� ar�tt��'of Ty��t�r '� ��usant� ��e Hundred Sixty=Two Dollars� ($2,962_00). �� , lf�� f{�� }��{, 5�,��r 7t} $� ttYt�i4z #�f} i. 2, Commencing October 1; 2022 ��it,�eptember ��;��23, ��SEE shall pay monthly rent to LESSOR in the amour��,,`'�"�reE�;�,��usar�d��-0ne��ars ($3,051.0�0). ��f,t� ti�� ir F� : ' t x a'� �,< � , ,{t , : ' �� f {�,}mai a'.iL'7�' ,�.1��t�a::. 3. Commencin October 1, 2023, throu h Se tember 30, 2 t' k' LESEE s��ll a monthl rentto LESSOR in the amount of ThreeThopsand One H��`�$�d an{�{�z�'��;�'��vo nd 53/100 Dollars ($3,142.53)�. ''" " ��`,�'`,'xr;�;r�st�� , ��t�; t„� t}r�, � ��i{ rf Yf i,��+�.s � r i��it r1r�� , 4}J�t�){��i ii4)3��t,it� �s> '� � All other terms and conditions of the Lease Agreement dated �`ugust 24, 2018,and amended on August 19, 2021, and September 19, 2022, shall remain in full force and effect. The date of this Third Amendment shall be the date that it is signed by the City. !� J Qo _ � � Third Amendment to Land and Building Lease Agreement C-7786 Page 1 �P(�fo�l e� ��lq�2oZ:� IN WITNESS W�IEREO�', The parties have executed this Third Amendment on the days and year set forth below: LESSOR: CITY OF REDDING, A Municipal Corporation , �� st,�,� �—� � � � ;ft�j� 1 ;x y�l7t{y4j , Dated: _ � �1� ; r;�� 'j�4`�� ,,��,t�� `� t � � ��r} �` By: MICHAEL DACQUISTO, MAYOR a ` r ��r�t F 4� trt. �1 ts � _ a��)kt71 t�'r �t t �tj�#{�;� 3{ � i� 't''�+;' '�r7'�{k ATTEST: �lr``�`;5 ;7{�"� APPROVED AS TO FORM: t l�i t t. t.p�s` 1 {j 3�sj t�f�t�t t i�f�=,,, BARRY E. DeWALT, CITY ATTORNEY �� ; ,��1 s �i � � £}`�fjst it u�t t � >t�r:1 � i�tft3�i 7}�2` �;1 t r lr�� f it f�tt4t� r�.ii� �f }xr }, ii}5 �ftz {.,. „�t.t,.a� 45 t;. �„� }, � t i, t f 3 > .! �'t'�� "��. }�t�� f}t�t#t� �, 1�� ft£ ttY� � y�` ,}T � HARLENE TIPTON, City Cler�`j`�� arr�E. �alt, City Attorney �xr�� s� 5, xtz� �it�i�s i � trt�� ra �s� ��t � tj s:f�ilrs�fj � � �j �ta,y} Y}( Y 1 S xa{�x" ��s r t �t�l�,fif{�t � 7 t � ?tt�� t si i t � � u.is,t.i� �'2��t�,J„" '`�t S)� i ��SEE:� {��`� ,� s�`�'Y t�� ik`_`r�.. r�x iE�.rj t:� t� . t 4��ri�r#t� ��j� 1��#j'� ��r ,��CONOMIC�,��'VEL��PMENT � �'�',�x „t�' ��12P01��`,��N O�"'�`�ASTA COUNTY, �. fiS�?iin„ F� ��Sl F tl 7� rytirs * r �� r a ��t��,�� non-pr{�i,��'corporation � ,, I� � �� ,�_ '�� `�� t� � ...,,;-�, _. �--�� ,, � � s�t�`r i it f �t u,J Dated: , 2023 ` .�. .-`��"� t,` '`k'�f, x; �� t�_=_�__�.�� , �,_ By Tc�ld Jone��,�� '"'f�� — � ��nt , � } r �� r�4t l�tl<y rt}f�;j s �� t t�.v.�t�s�� f t. Third Amendment to Land and Building Lease Agreement C-7786 Page 2