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Home My WebLink About _ 9.2(a)--Presentation by United Way to provide an update on the Mark Street Emergency Housing Site � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: October 15,2024 FROM: Steve Bade, Assistant City ITEIVI NO. 9.2(a) Manager ***APPROVED BY*** n � t�� ; s° �r l(�.79I�C�?4 �� p�ir�,C�i �� l t�19��'2{�? sbade@cityofredding.org btippin@cityofredding.org SUBJECT: 9.2(a)--Consider United Way's Mark Street Emergency Housing Site Presentation and Pro ert Sublease Extension. Recommendation Authorize and approve the following: (1) Accept a presentation from United Way of Northern California on the Mark Street Emergency Housing Site located at 3211 Mark Street; (2) Authorize the City Manager to execute the Third Amendment to the Sublease between the City of Redding (City) and United way of Northern California extending the term of the Property Sublease (C-9664) for up to two years, thereby terminating December 31, 2026 - conditioned upon the Redding Area Bus Authority (RABA) Board of Directors approving a Property Lease amendment between the City and RABA to extend the lease term to December 31, 2026; (3} Find that receiving a presentation and providing direction to the City Manager on future sublease extensions is not a project as defined under the California Environmental Quality Act, and no further action is required; and (4) Find that receiving a presentation and providing direction to the City Manager on future sublease extensions is considered an exempt activity under National Environmental Policy Act, 24 CFR §58.34(a)(3) administrative activities. Fiscal Impact The extension of the Mark Street Emergency Housing Site (Mark Street EHS) will not impact the General Fund. Alte�^native Action The City Council (Cauncil) may choose not ta extend �he sublease at the Mark Street EIHS and therefore United Way of Northern California's operations at the site would cease on December 31, 2024 (the end date of the current sublease). Should Council wish to extend the lease with United Way of Northern California (United Way), the City of Redding (City) would present a Property Lease amendment to the Redding Area Bus Authority (RABA) Board of Directors to extend the lease to December 31, 2026. Report to Redding City Council October 9,2024 Re: 9.2(a)--Presentation by United Way to provide an update on the Mark Street Emergency Housing Site Page 2 Background/Analysis A Property Lease between the City and RABA was executed on July 22, 2022 that included a two-year term with two, one-year options for RABA property located at 3211 1Vlark Street (Site) Lease consideration for the site included the City's oversight of the property and monitoring and maintaining the property throughout the lease term. In turn, the City subleased the site to the United Way for the Mark Street EHS operation. iJnited Way's original sublease with the City commenced on January 13, 2023, and was amended to expire on December 31, 2024. In exchange for the United Way to sublease, the United Way is providing the oversight and asset management of the site as we11 as providing services to the unsheltered population. The United Way has expressed interest in extending its Mark Street EHS operations and has requested that the property sublease with the City be extended for up to two years, terminating on December 31, 2024. Presently, United Way is improving the Mark Street EHS site to include additional temporary buildings for laundry, kitchen clean-up and a shower/bathroom trailer upgrade. Council's approval of the Third Amendment to the Subleases would be conditioned on the RABA Board approving a property lease amendment with the City, extending the lease term to December 31, 2026. Environmental Review Receiving a presentation and providing direction to the City Manager on future lease extensions is not a project as defined under the California Environmental Quality Act, and no further action is required. Receiving a presentation and giving direction to staff is considered an exempt activity under National Environmental Policy Act, 24 CFR §58.34(a)(3) administrative activities. Council Prior�ity/City ManageN Goals • Government of the 21s� Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." � 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 Original Property Sublease (12-20-2022) First Amendment to Sublease (12-19-23) Second Amendment to Sublease (6-18-24) Third Amendment to Sublease E T S �, IT U IT A A IF IA 1� EA �E A1� �l'�`�ZS This Prop�rty �ublease {here�nafter r�f�rred tc� as the "Sublease") is �r�tered into by and between the City of Reddin�, a mu�icipal �orporation and general 1aw city, referr�d to in this Sublease as "Subl�ssor" and the United Way of Northern Calzforn�a, a non-profit c�rg�nization, referred to �this Subleas� as"Sublessee." E AS, on July 19, 2�22, the Redding City �ouncil considered and appr�ved a property le�se {C-9448) between Redding Area Bus Authority (RABA} and the City of Redding f�r the BA Mark Stree��roperty located at 3211 Mark Stre�t; W E EAS, the City of Redd�ng is the Lessee of certain real property in th� �ounty c�f Shasta, State c�f Califo�nia, cQmmc�nly referred to as 3211 Mark Street (APN 108-360-026}, described and depicted �n Exhibits A, � and C (hereinafter referred to as the 66Mark Street Property"} which is attached and snade a part c�fthis Subleaseg E AS, the IYSark Street Pr€�p�rt� �s a vacant 1.53-acre property, zoned heavy commercial and Iacat�d tc�the east Qf ti�e BA Maintenance Faci�ity� E AS, in June 2021, the City Co��ii adopted a resolut�on that declared the City has a shelter crisis and su�seq�ently approved Ordinances 2637 and 2b38 thereby a�nending Redd�ng Munzeipal Code �hapter 18.17 and the associated Ad2ninistrative tsuidelines which collectively set forth the requirements and process for the �ity tc� revrew and authorize, through a pe it apprc�ved by the �o�ncil, the establis ent and operation af Emergency Il�using Sites (EHS)a E AS,an EHS provides shc�rt-te ,erraergency,tetnporary hc��sing to not more than 30 individuals using Emergency Sleeping Cabins, as defined in 1�ppendix � of the Californ�a Building Code. Each EHS must adh�re to the Administrat�ve Guide�ines and develop and post Good Neig�bc�r Policies addressing the EHS premises and the i ediate surrounding neighbarhood. W � AS, th� Sublessar wishes to Sublease to Sublessee tha Nlark Street Froperty (as shown on Exhibits A, �3 and C) for the purpQse Qf EHS operations and services; � E AS, the Mark Stre�t Praperty infrastructure has been completed b� the City of Redding, i�ciuding e�ght pallet shelters; and E �iS, the 5�blessee desires to Subleas� frc�m Sublessor the Mark Street Property und�r the te s and conditic�ns set forth in this S�bl�ase as mare particularly described her�in. � N , T E �' q E IT �S L�E fo d and dete �ned that for the mut�al pramis�s contained herein, the Sublessor and Subl�ssee, to�ether the "Parties" hereby agree as � follaws: � ��'�� `��.��,��`�.,� �� A TICLE la SU LEr�SE F A S'I` ET P I'E T'Y AN TE F SU LEASE 1.01 , In consideration of Sublessee's pravis�on of the consideratian se�farth in Section 2.01, the Mark Street Property is hereby Sublet fc�r the exclusive purpose that Sublessee sh�ll us� the Mark Street Prc�perty fQr th� sole purpose of c�p�ration of an E�IS. The Sublesst�r and Sublessee agree that the use, €�peration and�naintenance of the Mark Street Property shal� be cansistent�vith th�s Sublease. Except as expressl� otherw�se pravided�n this Sublease, the Mark Stre�t Property inciudes the real property plus any appurtenances and easements described in E�abits A, B and C of this Sublease, and any inlprovements now or hereafter locat�d or constrc�cted on the 1�Iark Street Property. 1.02 Ter of ublease at�d '�r ° �'�n. The te of this Sublease (the "Term"} shall co ence c�n the date this S�blease is executed 6y the �ity and sha11 expire on the date that is c�ne {1) years therefrorn. Sublessee may terminate this Subiease without demonstratiora Qf cause being necessary upan ninety {90) cal�ndar days written notice to Sub�essar at the address set forth �n Section 8.06. �ublessor inay terminate this Sublease withQut demonstration of caus� bein� nec�ssary upon ninety (90) calendar days written notice to Sublessee at tlle address set fgrth in Se�tion 8.06. Sublease shall be �erminated and the Mark Street Property tra�sferred back to the Sublessor in the event that pragrarn fiznding is not secured or if the progr is te �nated far any reason prior to the one-year term, 1.fl3 ,��,Except as pravided in Section 1.02, so l�ng as Sublessee is not in default under any pravision af this Sublease, S�blessee shal� have the �aptio� to extend the Term by a periad of one(1)year. Su�lessee�nay exe�cise such optians by pravidir�g Sublessor written notice of its intent to dc� sc�no later than s�xty (6�)days�raar tc�the expiration af the T�rm (in regard to the s�cQnd aptic�n such notice must he provided no Iater than sixty {60) days prior ta the expiratian of the Te as su�h has been�xtended by exerc�se of the f�rst opt�on}. A TICLE 2. SU LEASE C 11TSI � TI N 2.01 Co�sideratian� Sublessee agrees ta prov�de oversight c�f the Mark Street Praperty and perform the services set forth in Sectian 3.01. As additlonal cansideratian tQ the Sublessor, �he Sublessee's oversight of the praperty will assist the Sublessor with their asset management and be of public benefit thraugh manitoring and maintaining the vaeant praperty through the Term of the Agreement. The Sublessee's property manitorin� and maintenance wiil eliminate laitering, squatting, debris accumulat�an, reduce defer�ed ma�ntenance and the impravem�nts instalied may benefit future dev��o�ament af the property. In addition,the Sublessee's zntention to sublease the Mark Street I'roperty for the aperat�on c�f an EHS is praviding a sacia� s�rv�ce, ta the �ncome-restricted population and wi11 assist the unsheltered pc�pulati�n with housing that will ultimately benefat the co 'ty as a whole. A TICLE 3. USE F A ST ET P E TY 3. 1 q�f rk �treet Pra e . S�blessee sha11 �se the Mark Str�et Prc�perty far the sc�Ie purpas�of oper�tiaz�of an E�IS in accord with the South Market Micro-Sh�lter Cammunity (MSC) Operatic�ns and Services IvIanu�l dated Oetober 2?, 2022, inco�porated herein by this reference. Sublessee shall nc�t us� ar pe zt the Nlark Street Property to be used fc�r any c�ther purpc�se w�thout th�prior vvritten cons�nt af the Sublessor. 3.02 P� ib�tecl 7�e�. Snblessee shall not pe �t the Mark Street Froperty or any portion of the Mark Street Praperly to be used c�r occupied in any rn er or fc�r any purpc�se that is in any way in violat�Qn Qf any law, ordinance, or regulatian of any federal, state, county, Qr local gove ental agency, body, or �ntity. Furthermor�, Sublessee shall not maintain, commit, or permit the maintenance or ca �ssion of any nuisance as now or hereafter defined by any statutory or dec�sional law applicable ta the Mark Street Property ar any part af the�Iark Street Praperty. A. ile in po�session of the Property and in the perfo ar�ce of the consideration set farth herein, Sublessee shall not discriminate against any �mplQyee or applieant for employment c�r r�czpient af s�rvices beca�se of race, colQr, ancestry, �ational origin, religiaus ereed, sex sexu�l 4rientation, gender-identi�cation, disability, age, marzta� status,political affiliatiorz, c�r membership ar non-merrmbership in any organization. 3,03 As i�n ent ar�d S�� eftin . Sublessee shall x�ot assigr� this Suble�se or sublet to any pc�rtion of the Mark Str�et Property without pric�r written consent of the Sublessar's Executive Officer, which shall nQt be unreasonably withheld. Any such assignment or sc�bletting without consent shall be void and, at the opt�c�n of the S�blessor, may terminate this Sublease. A TICLE 4. UTILI"I'IES 4.01 II}uring the term af th�s Sublease, Sublessee sha11 pay or cause to be �azd, prior to delinquency y and a�p a�tilit�es fur�ished to the Mar� Street Property including, �ithc�ut limitatzan, water, electricity and other public utilities. A TICI�E 5. AINTENANCE AI S 5.01 ainten nce b,�Su lessee. a l�uring the term of th�s Sublease, Sublessee shall, at Sublessee's own cost and expense, l�eep and mainta�n the Mark Street P'roperty, a11 improvemer�ts and �11 appurtenances, naw or hereafter �n the Mark Street Praperty, in good order and r�pair and in a safe at�d clear� condition. Sublessee shall rerriove all garbage and rubbish fram the Mark Street Prape�ty on a re�ular basis. lz Sublessee shall da, or c�use to be dane withaut delay, a11 those things which,in the opinion af the C�ty lt�anager, are necessary ar desirable ir�the interest of safety or to maantain the Mark Street Prcaperty and improvements �n �ood repair and appearance. c. Sublessee shall nc�t make c�r cause to be �nade any alteratzans ar improvem�nts to the Mark Street I'roperty without first securing the v�ritten cansent of the City Nlaz�ager. 5.02 ,�urrender of ar S�r��, Pro�r� = All alterations or improvements, except for any EHS service provider installed facilities to the Mark Street Property sha11 becQme a part of the Mark Street Praperty and sha11 rema�n on the 1V1ark street Property at the exp�rat�on ar termination af this Subleas�. At the expiratian or terminatic�n of this Sublease, Sublessee sha11 Ieave the Mark Street Property, along with the emergency sleep�n� cabins, in goad candition, normal�vear a�d tear excepted. A TICLE 6. IN E NITY 6.01 j dennnificati�n. Sublesse� shall inde ify, defend and ht�1d Subl�ssor, and 'zts members, rnanager, officers, agents and emplo�ees harmless frtsm and against all liens and encumbrances of any nature whatsoever which may arise �n the exercise of Suble�see's rights hereunder,and from y and a11 claims,losses,penalt��s,causes of action{including, but nc�t Iimited ta, claizns fflr relc��ati�an assistance, unla 1 or fc�rcible detainer), costs (including, but ncat lirnited to attc�rn�y fees, costs of litigation} or damage arising from Sublessee's use of the Mark Street Froperty, or any act car failure tc� act af Sublessee's agents, employees, or invitees, except those arising aut c�f the sole negligence or willful misconduct of the Sublessc�r, lts officers, agents az�d eznplayees. 6.02 er°°�ans with isabilities Act,As the sole occupant af Mark Street Property, Sublessee sha11 inde ify, defend and hold Sublessor harmless from any and all cost, expense, liability, or obl�gatic�n that may arise, or be im�aosed e�n the S�zblessee, Sublessor, or the Mark Street Pr�perty under the ericans�ith Disabilities Act of 1390, as naw in effect or hereafter amended, and a11 rules and r�gulations issued under that Iaw (collectively referred ta as the "ADA"). Wztho�t lirr�itati�r� af the foregoin�, Sublessee shall be s�lely resporzsible fc�r compliance with any of`the fallowin� requirements of the ADA that may be applicable, and all cost and expense re�ated thereto: barrier removal to ensure that members o�the public with disabilities have access to the Mark Street Praperty and all serv�ces�rovided thereon;providing auxiliary aids and services when necessary to remave comn�unicatian barriers fc�r membe�s of tl��public with disabilities; and campliance wi�h the AI�A Accessibility Guidelines when perfarming any alterations, renovations, or remodel�, or when otherwise requir�d hy lacal, state c�� federal authc�rities. This indemnificatian shall �nclude the defense of any action or proceeding {including the payment of attorney's fees and court costs) brought against Sublessar by any agency, individual or class Qf individuals,alleging violation c�r nan-complianee with the ADA, and payment c�f any liabzlity arising out c�f sueh actians ar proceedings. ARTICLE 7. ANIA�E 7.01 e or oss. Sublessee, as a material part of the considerat�an ta Subles�ar, hereby assumes aIl risk of damage to its property or injury to persans in ar upan the Mark Street Property. Sublessee her�by rel7eves Sublessor, and waives its entire right o� recavery against Subiessor, for lass ar damage arising out of ar incident ta the use af the Mark Street Property, wh�ther due to the negligence �f th� Sublessee or their respective age�ts, emplQyees and/c�r contractars. A TICLE $. INSU NCE 8.02 Covera�e, Unless modified in writing by City's R�sk Manager, Subless�e sha11 rnaintain the following noted insuranee dur�ng the durat�on of the Sublease: a. Insurance S�rvices Office form nt�mber CG-0001, �c�mmercial t3eneral Liability Insurance, in an amount not l�ss th $1,Q00,000 per occurrence and �2,00O,OOQ general aggreg�te for b�dily inp ,p�rsanal injtz� an�prop�rty d age; b. The City daes not acc�pt 3nsurance certificates or endorsements with the wardin� "but only in the event c�f a named insured's sale negligence" or any other verbiage limiting the insured's insurance responsibil�ty. Any deductibl�s or self-insured retentions must be declared to and approved by City.At the optic�n �f the City, either. the insurer sha]1 reduce ar eliminate such deductibles or self- insured retentions as r�spects the City, �ts elected afficials, officers, employees, agents and volunteers; 4r the Subless�e sha11�rocure a bond guaranteeing payment af losses and related investigations, claims administrat�Qn and def�nse expenses. The General Liabilit� shall contain or be endorsed to contain the following prc�visions: c. Czty, its elected �fficials, offcers, employe�s, and agents are to be covered as additional insured as respects liability arising out of wc�rk or operations performed by or on behal� of Subiessee; premzses gwned, leased or used by Sublessee; or automobiles owned, leased, hired or borrowed by Sublessee. The coverage shali cantain nQ speciallrmitations on th� scope af�ratectian afforded ta City, its elected officials, officers, employe�s, agents and vc�lunteers. d. The �rzsurance coverage of Sublessee shall be primary �nsurance as respecfis City, its elected of�cials, afficers, employees, a�ents and volur�teers. A.ny insurance or s�1f- insurance rnaintasned by �ity, its elected officfals, offcers, e�ployees, agents ar�d volunteers, shail be i�1 excess of Suble�see's i�surar�ce and shall nat contr�bute with it. e. Coverage sha11 state that the �nsur ce af Sublessee shall apply separately to each insured against whom clarm is �nade or suit is brought, except with respect ta the limits of the insurer's liability. f. �ach insurance policy req�ired by this Sublease sha11 be endarsed to state that coverage shall not be canceled e�Gept after thirty (30) calendar days' priar written. notice has been given to Cit�y. In add�tion, Sublessee a�rees that it shall not reduce its coverage ar Iimits Qn a�xy such pol�cy except after thirty (30) calendar days' �rior writt�n notice has been given to City. g. Insurance is tc� be placed with insurers wlth a c ent A.It�1. Best's rating af no less than A-VII. � �ubl�ssee shall designate the City of R�dding as��erti�cate Holder af th�insurar�ce. Sublessee sha11 f�arnish City wit� certificat�s of insuranc� and oraginal endorsements effecting the cQv�rages requi�°ed by this clause. �ertificates and endc�rsements shall be fiirnish�d te�: Risk Management Department, ��ty of Redding, 777 Cypress Avenue, Redding, CA 96Q01. The certificates a�d endorsements for each insurance pc�licy are to be signed by a person authorized by the insurer to bind c�verage on its behalf.All endorsements are t�be received and approved by the City's Rzsk Ivlanag�r priar to t�e commencement of contraeted services. City may withhc�ld payments to Sublessee �f adeq�ate certif cates af insurance and endorsements required have not be�n prc�vided, or not been provided�n a timely mariner. g. The requirements as to the types and limits af ins�x°at�ce covera�e to be maintained by Sublessee as required by Article �.01 af this Sublease, and any approval of said insurance by City, are not intended to and wi11 r�ot in any marmer limit or qualify the Iiabilities and obligations otherwise assumed by Sublessee pursuant to this Sublease, including, witl�out limitation,prc�visions concerning inde if catzQn. h. Ifany policy ofinsurance required by this Sectian is a"c�aims made"poliey,pursuant to Cc�de Qf Civi1 Procedure § 342 and Gove ent Cade § 945.6, Sublessee s11a11 keep said insurance in effect for a per�od ofeighteen(18}months afier the terminatzon of t1��s Contract, z. If any damage, including death, personal injury or property damag�, c�ccurs in connection with the performanc�ofthis Sublease, Sublessee sha11 immediately notify C�ty's Risk Manager by tele�hc�ne at{53Q}225-4Q68.No Iater than three(3}calea�dar days after the event, Sublessee sha11 submit a wrltten report to City's Risk Manager containing the fQllowing infc�rm�tion, as applicable: 1) name and address of in�ured or deceased person(s)q 2} name and address af witnesses; 3) name and address of Sublessee's insurance company; and 4) a detailed description of the damage and whether any City property was �r�volved. A TICLE 9. ISCELLAl�IE US 9.01 In the event of a breach by Sublessee af any af the terms of this Sublease, a11 rigllts of Subless�e hereunder shall c�ase and te inate, and in addition to all other rights it may have at law ar in equity Sublessc�r may take possesszon of the Mark Street Property without notice, arid may remove any and a11 persans therefromF and may alsa cancel and terminate this Sublease; ar�d upon any sueh caneel�ation, a11 rights of Sublessee in and to the Mark Street Property shall cease and terminate. 9.02 �'c�rce Ma' ured Except as otherwise expressly provided in this Subl�ase, if the perfarmanc� of any act requ�red by this Sublease tc� be perfarm�d by either Sublessee or Sublessar is prevented flr delayed by reason�f any act of God,strike,lockout,labor trauble, inabxlity fio secure mat�rials, �r any other cause (�xcept financial anability} not the fault of the party required tc�perfc�rm the act,the tim� for perfc�rmance of the act wi1l be extended fo�a periad equivalent to the period of delay and performance of the act during the periad �f delay will be excused. However, nothing cantain�d in this Section sha11 excuse the prompt delive�y of the consideratia� set fortl�in Sectian 2.01 and 3.OI as required by this Sublease or the perfnrmance of any act rendered difficult or impossible solely because of the financial conditian af the party required ta perform the act. 9.03 �tfarnev Fees. In any dispute between the Suhlessee and Sublessor, wheth�r ar not resulting in litigation, the prevailing party shall be entitled to rec�ver fre�rcn the other party all reasanable costs, including witho�at limitation, reasonable attarriey's fees. "Prevailing party" sha11 include vdithout limitation, a party whc� dismisses action for specific p�rfo ance ox far dama�es in exch ge for sums allegedly due, perfo anc� fQr covenants allegediy breached or consideration suhstant�aliy equal tc�the relief sought in the actiQn,ar which rece�ves frc�m the oth�r p ,in ea ection w�th any dispute,p�rfornlance substantially equival�nt to any c�f these. 9.44 �overn• I.aw. This Suhlease sha�I be go�erned by and construed rn a�cordance with the Iaws of the State of California. Any clair� ar Iawsuit pertainin� to this Sublease shall be filed and Iitigated c�nty in the Superior Caurt of Shasta County, State of Cal�fomia. 9.05 Possessot°v Int�rests. Pursuant to R�venue and Taxatian Code Sectican 107.6, Sublessee is advised that this Subiease may cr�ate a possessory interest subject to taxatian. Sublessee is respansable for the prorr�pt payment af a11 taxes relation to its exclusive possession c�f the Property and shall prc�mptly remit a11 such t��s when due. 9.06 , .Any nc�tices required to be giver�under this Sublease shall be in writing and shal� be deemed praperly delivered, g�ven or served when persanally deiivered to the Sublessee or Sublessor, or ir� lieu of such}�ersonal service, sent by United States mail, re��stered or certified, return receipt requested, addr�ssed as fallows: SU LESSQ : SU LESSEE: City of T�edding United Way of Narthern Califarnia Attention: Barry Tippin, �ity Mar�ager 1�ttention: Larry Oimstead,President&CEO 777 �ypr�ss Avenue 3300 �h Creek Road Reddzng, CA 96001 Redding, CA �6002 In the evei�t of personal service, nt�tice sha11 be deemed given when personally served. In the event c�f service by mail, n�tice shall b� deemed to have been given seventy-twa ('72} hours after deposit of same in the Un�ted States mazl box in the State of Califarnia,postage prepaid, addressed as set farth above, or upan t�e date af the signed return receipt, whichever is saoner. Either party may change its address for the purpases af this section by giving written nof�ce af such change ta the c�ther party �n the manner provided in this s�ction. 9.07 'rd-P v�3e e"�� rzes Ir�tended> Un1�ss specifically set fc�rth, the parties to this Sublease do not intend ta provzde ar�y other party with any benefit ar �nforceable Iegal ar equitable right or remedy. 9.08 �'art�ai Invaliditv. If any provisian of this Sub�ease is held by a court of campetent �urisd�ction to be �ither invalid, vo�d, or �nenforceable, the remaining provisions af this Sublease shall re�nain in full force and effeet unimpaired by the holding. 9. 9 ntir� Sublease. Thzs Sublea�e, which �ncludes all exhibits attached hcr�to and in�or�orated by reference herein, cc�ntains alI the representations and the entire understanding and agreement between the parties pertair�ing to the use of the Mar�Street Praperty and any other matters co ected therewith. All car�espondence, memoranda, or oral or writt�n agreements pertain�ng tg the �1ark Street Property �r the parties hereto, which�riginated befare the date af this Sublease are�u11, void and nc� Ion�er in farce and with no effect,and are�°eplaced zrs to�al�vith this Sublease a�nless otherw�se�xpressly stated in this Sublease. 9.10 Headin�,��.,,,I2eference and �Ta�n�,�nd Sev��l,�'ll ltv. The tit�es and headings of the vazious Sections of this Sublease are intended salely for conven�ence of reference and are nat intended to explain, modify or place any p�avisions of this Sublease. Mascutine and femin�ne,or neutral gender and the singular and the plura�number shall each be considered to include the other whenever the context so requires. If either party consists c�f rr�are than one person, each such persan shail be�Q�nt1y d severally Iiable. 9.11 No Par ee,�;ecl Drafter. In the event c�f a dispute between any of the par��es hereto over th�meaning of this Sublease,no party shall be deemed to have been the drafter hereof, and the principle of Iaw set forth in Civil Cc�de �1654 that cantracts are construed against the drafter sl��ll not apply. 9.12 �Yaivers and��dment�. AIl �vaivers c��'the provisic�ns of this Sublease must be in writing and signed by the apprc�priate authorities af the �ublesse� or Sublessor, and a11 ame�dments hereto must be in writin� and �igned by the appropriate authorities of the Sublessee and the S�blessor. However, endments which do not r�sult in a substantial or functional change ta the original intent of the Sublease and do not cause an increase to the amaunt payable under this Sublease shall be deelned"minor amendm�nts"and may be agr�ed ta in writing between the City Manager and United Way. 9.13 ,�•' . Each Qf th� u�dersign�d signator�es hereby represents and warrants that they are authorized to execute this Sublease on behalf af th�respect�ve parties to this Sublease, that th�y have full right, power and lawful authority to undertake a11 o�ligatians as provid�d 'zn this Sublease; and that the execution, performance and d�livery Qf this Subl�ase by said signatories has been fi.z1ly authorized by all requisite actians on the part of the respective parties ta this Sublease. 9.14 ,ffectiv Da,�e �af S�bi�a�e. The Effective Date of th�s Sublease As the date it is executed by the City, as nc�ted in Section 1.02. AIN E121DF THIS PAGE LEFT BLANK S�T LES� � Y� -� �� ,.� ��, ��,.� f ,� ��d' � m" %� Michael nacauisto, Mayor ATTEST: APP QVE AS T F . _ �� ; � i ,��' PA E A I , City r� E. L , City A.ttorney SU LESSEE ,, � ;��,�� Dated: `��`�M �� °``� LA �Y C1L STEA , Un�ted Way af Northern �alifornia Exhibit A—Legal Deseription Exhibit E� —�,Qcation Map Exhibit C - Site Plan E I IT 'A' LEGAL DESCRIPTI01'� The 1 d des�ribed herein zs situated in the State of California, �Qtanty o�Shasta,��ty ofl�edding> describ�d as fo�laws: Lats 1,2 and 3,Biock 7,as shown c��t�e Ilslap taf A�ta Subd�v�siQn, fil�d�n the�ounty Recorded Apri129, 1939 �n�aok 5 of Maps at Pag� S3, Shasta Co�znty Records, A.P.N. 10�-3�q-426 E IBIT ' ' LC)�ATION MAP ___ _ � � � �� — � ��, _. �� . � _ __. �� --- �� '��zn� � - _. ��'R,q�� — s� �- _ ., � �. ' , , ��`'. � "� � � o ''� , ��- � � , z, 1 �� ` v- . ___ �, , , � , , i — � � � �� _ 4 �c � � — , . � �'a,��,��'� � �,, � _ -- _� , � � - �� 1 � �, - , rn, __. � ��,� p �, , ' , -� T,, �___ �� ' . � � i- -j m , - I _ -� ,_ � � k" N i _, . _. : ..., .__.., t . ,� : , ' — �, i �. __ � _ � }�— � C � � ..._ ., � ; - ; ,. P G:;. � k � S ^� , � . �O : . , . .Q„�' � f ,, ; � ,. .._ .,�..._v , v _., � , _ - � ',. % '� �' U�' . �� - -- � � ELLIS ST __ �,� � ¢�� _ - _ � � i� a Q� � yi � �, �_ , �. � � �, � � � - -- , _ „ � I � -�i — � � ' �r " � ' � - s � � � � ¢��,`' _ i � - �� LCts Sp � o �_ �� ; , ,_ - _. �� p � .___. �,,.P�t� 1 �, 1. I. , '� � . � . � � _ � ' , .... _ i � __�-._ ..�_ :__ _ . _i , GEARY ST _._ ' - - t � � i �.. ~ __ -_ _. _ ` v� _.. ' i � ""�...��.�... . .._....___ ��' � —i_ � . _. . ... . _ �_ � , ; , _��. ! _� ; � � _ t -- -� " �—`� �� , , , � , . . _� � � N .�.��.'�.i QI�I�I�� i (1' /'+��f(�I'� �p p MTG.DATE: INFORMATIONTECHNOLOGYDEPkRTPAfNT iau�� !'\F"� � � DRTEPftODUCE�: �q�^.p-p ITEM: SEP7EM&ER27.2tt22 sy��c.,,e7'��E�..��I�� S a =qa aooF�� 3219 MARK STREET . ��,��'��Q-�� AT�fACHMENT: P.iHct�singSPmPra?edet3291_NWtkSY�ocetionMe�.ap�x E I IT 'C' SITE PLAN ��, � �` _ �� <�,, � �� Ernergenc�r Shelte�r�abins �`�, ��,> 3221 PStlark SYreet Site °.E � �,�fi,„4 �„. � . � o-� �;�. �•w.. � � k. � �, *�oOdlarids ; ��, i ��;� � ; � ��. s r � ; � �;�. $�,. � � �� ' a�'a `"� t � �� ; � �� s - �t� �� Pallet Norne � a -_ Hase*bibs(5) ;a� , � � StafFTrailer a � � Dumpster � � � �Dog ftun , Porta Fatty �:��;AD#Forta Potty �' {� -....,.a rw;c=.,��tc Parking �; �'�— ��`'�^�.�"t72x`��*.� ��„�� Covered Camman Area � Storage Trailer �°= v i rt �� Pawer pole wJligfiting ;r �' Water mainf�ack-flow� — -- w Mec� Ellis St. AI�ENDl�ENT TO TI�E SiJBLEASE WITH Ulo1ITED WAY OF 11�ttORTHERN CALIFOIE�NIA (C-9664) The Property Sublease between the City of Redding and United V�ay of Northern California for the purpose of operating the Mark Street Emergency Housing Site("Sublease")dated January 13, 2023 between the City of Redding ("Sublessor") and United Way of Northern California ("Sublessee") is hereby amended as follows: Section 1.02. is hereby amended to read in its entirety as follows: The term of this Sublease (the "Term")shall commence on the date this Sublease is executed by the City and shall expire on June 30,2024. Sublessee may terminate this Sublease without demonstration of cause being necessary upon ninety(90)calendar days written notice to Sublessor at the address set forth in Section 8.06. Subiessor may terminate this Sublease without demonstration of cause being necessary upon ninety(90) calendar days written notice to Sublessee at the address set forth in Section 8.06. Sublease shall be terminated and the Mark Street Property transferred back to the Sublessor in the event that program funding is not secured or if the program is terminated for any reason prior to the one-year term. Section 1.03 shall have no further force or effect. All other terms and conditions of the Sublease shall rernain in full force and effect. The Effective Date of this Amendment shall be the date executed by the City. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK (._�` i .,�«; �„.�. V �,- C' ..,.,�,_ Amendment to the United Way contract C-9664 IN WITNESS WHEREOF, the City and the Developer have executed this Amendment to the Agreement on the respective dates set forth below: City o#'Redding, a municipal corporation � ____ . ___....__ ..- _= __. _....� Date:,!.,�'� ,� �',/� �� `-�_---__.__-,.��___ -�- � ___-- '�� y� iBy: Barry T', 1; i� Manager � ATTEST: APPROVED AS TO FORM: --, _ �� ` - � ;� � � �� - ; ;, � f\_'=.r��;'� �� ..� �� , f�� - � f' :'By: Sr�arlene Tipton, �1�Y C�P:'k By: Barry E. DeWalt, ity Attorney CONSULTANT, a non-profit benefit corporation ��y r C..� ._....w...�.�� By: Larr Olmstead-President, CEO-United Way of Northern California. Tax I.D. No: 94-125I675 Amendment to the United Way contract C-9664 SE�()Nd AMEI�IDIVIENT T� THE �'UBLEASE WITH UNITED WA'Y CJ►F N4RTHERN CALIFC) IA (+C�96C4� The Property Sublease between t�ie City c�f R.�dding and United Way of Nc�rthern California fc�r the purpose c�f operatirig the Mark Str�et Emergency Housing Site("Sublease")dated January 13, 2�23 and amended c�n December 19, �023 between the City of R�dding,a lnunicipal ct�rporatio� and general lar�v city>("Sublessc�r")and United Way c�fNorthern Califomia,�Califnnnia nonprc�fit carps�ration,("�ublessee")is hereby amended as fc�Ilows: �ection 1,02. of the �ublease is hereby ame�ded to read in its enfirety as f411c�ws 1.0�. Term af Subi�ase and Termination. The term of this Sublease (the °°Term") sha11 cori�mence trn the date thrs Sublease is executed by the�ity and shati expire c�n Llecember 31, 2�24. Sublessee may terminate this �ublease without dem�nstratic�n c�f cause being necessary upon ninety (90) calendar days written notice t� Sublessc�r at the address set forth in Section $.Q6. Sublessc�r may t�rminat� this Sublease without dernonstration of cause being necessary upc�n ninety (9Q} caiendar days written n�tice to Subless�e at t�ie address set f+�rth in Sectic�n B.U�. 5ublease shall be termin�ted and the Mark 5treet Property transferred back tc�the S�blessvr i�the event that program funding is nc�t secured or�f the pr�gxam is terminated for any reason prior tc� the c�ne-year term. AIl other terms and conditions c�f the Agreement shall remain in full fc�rce and effect. The Effective I)ate ofthis Amendm�nt shall be the date executed by the City, THE iVIAIIYDE�t OF TI�IS FAGE I� INTENTYtINAI.LY LEFT I�LA1�I1� �� ` Second Amendment`to the tJnited Way Sublease C-96b4 IN WITNESS tNH�REt�F,the City and the I)eveioper�iave executed this S�cQnd Amendment tc� the Agreemenf on the respective dates set farth belc�w; Cit�of Redding, a municipal cc�rporation �, ��- � Date; � � '�`� -� � By: BarrY �ppin, City Manager azTE��r: �p �r ��". .� � . � � � . X -- , ��li� . �rs�1� " � � ,� � n� � , � � � { i �t�r�c� � � ' ��a�`� �° °y: ��rlene Ti�aton, � :ity�'l�rlc, By. � n . u �s, � y orney C+DNSULTAI�TT, a non-profit benefit carporation � ' �� „�P� �y; Larry Ol stead�-President, CE(} -Unitec�Way of Northern Califc�rnia. Tax �,1�. No� 94=1�516'75 Secc�nd Amendment tc�the Iln�ted Way �ublease C-9664 THIRD AMENDMENT TO THE SUBLEASE BETWEEN THE CI'1'Y OF REDDING AND UNITED WAY OF NORTHERN CALIFORNIA (C-9664) This Third Amendment ("Third Amendment") is made and entered into by and between the City of Redding, a municipal corporation, ("Sublessor") and United Way of Northern California, a California non-profit corporation ("Sublessee") (collectively the "Parties" and individually a « „ Party . RECITALS WHEREAS, the Parties have previously entered into Property Sublease on January 13, 2023 (G 9664) for the purpose to sublease the Microshelter Site at the property located at the 3211 Mark S�reet (APN 108-360-026) and amended this Property Sublease on December 19, 2023 (First Amendment") and June 18, 2024 ("Second Amendment") (collectively referred herein as the "Sublease"); and WHEREAS, the Parties desire to amend the Sublease to extend the initial term; NOW,THEREFORE,the Parties for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, hereby agree as follows: L Section 1.02 of the Sublease is hereby amended and replaced in its entirety to read as follows: 1.02. The term of this Sublease (the "Term") shall commence on the date this Sublease is executed by the Sublessar and shall expire on December 31, 2025 with a one-year extension option to be approved by the City of Redding Manager and RABA Executive Officer, Sublessee may terminate this Sublease without demonstration of cause being necessary upon ninety (90) calendar days written notice to Sublessor at the address set forth in Section 9.06. Sublessor may terminate this Sublease without demonstration of cause being necessary upon ninety (90) calendar days written notice to Sublessee at the address set forth in Section 9.06. Sublease shall be terminated and the Mark Street Property transferred back to the Sublessor in the event that program funding is not secured or if the program is terminated for any reason prior to the one-year term. II. The foregoing Recitals referenced therein are hereby incorporated by this reference. III. Except as expressly set forth herein, all of the terms and conditions of the Sublease shall remain in fu11 force and effect. IV. The effective date of this Third Amendment shall be the date that it is signed by the Sublessor. [Signatu�e Page Follows.J Third Amendment to Sublease G9664 IN WITNESS WHEREOF, Sublessor and Sublessee have executed this Third Amendment on the days and year set forth below: CITY OF REDDING A Municipal Corporation Dated: By: BARRY TIPPIN, CITY MANAGER ATTEST: APPROVED AS TO FORM: CHRISTIAN M. CURTIS City Attorney SHARLENE TIPTON, City Clerk By: NATALIA K. EBERSOLE, ASSISTANT CITI'ATTORNEY SUBLESSEE UNITED WAY OF NORTHERN CALIFORNIA Dated: , 20 By: LARRY OLMSTEAD, PRESIDENT, CEO Tax ID No: 94-1251675 Third Amendment to Sublease G9664