HomeMy WebLinkAbout _ 4.9(a)--Lease for Police Sub-Station at Foundry SquareC IT Y OF
REMDINO�"
AN CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: February 4, 2025
FROM: Brian Barner, Chief of Police
ITEM NO. 4.9(a)
***APPROVED
BY***
4ry
Brian Barn of"ofPolice 1124/2025
ip p in,, #i:aIn, 1/27/2025
bbarner@reddingpolice.org
btippin@cityofredding.org
SUBJECT: 4.9(a) --Authorize Lease for Police Sub -Station at Foundry Square.
Recommendation
Authorize the City Manager to execute a three-year lease agreement with Sheila D. Hurst for
space located at 1784 California Street within Foundry Square in downtown Redding for use by
the Redding Police Department as a substation at a cost of one dollar per year.
Fiscal Impact
There is no monthly rental cost associated with this lease. The current rental value of the space,
$1,100 per month, the majority of which is being offered as a donation to the City of Redding
Police Department (RPD). As consideration of this, the Lease Agreement (Lease) specifies that
one dollar per year will be collected, for a total of three dollars which will be paid at the time of
the lease execution. The lease term would be for three years, and includes a 30 -day termination
clause. RPD will have some minimal cost related to furnishing the space which can be paid with
the current budget. Utility costs are estimated at $100 per month.
Alternative Action
The City Council could choose to not authorize the City Manager to execute the lease agreement
and provide alternate direction to staff.
Background/Analysis
Since March 2020, RPD has leased a vacant space at Foundry Square from Sheila Hurst for use
as a substation which in turn has provided a more visible presence for RPD in downtown
Redding. The new lease provides for an additional three years - all other terms remain the same.
The arrangement has been beneficial to both parties and both parties would like to continue with
the lease agreement.
Report to Redding City Council January 29, 2025
Re: 4.9(a) --Lease for Police Sub -Station at Foundry Square Page 2
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Council Priority/City Manager Goals
• Public Safety — "Work to improve all aspects of public safety to help people feel secure
and safe where they live, work and play in the City of Redding."
Attachments
Foundry Square Lease
1-91-4111191 111 NJ AM WEIL
This Lease Agreement ("the Lease") is entered into by and between Sheila D. Hurst, as trustee of the Sheila
Doran Hurst Living Trust DTD 12/19/1988, hereinafter referred to as "Lessor", and City of Redding, a
municipal corporation and general law city, hereinafter referred to as "Lessee".
WHEREAS, Lessor is the owner of certain real property in the City of Redding, County of Shasta,
State of California, commonly identified as 1730 - 1796 California Street (A.P.N. 101-120-011), located
substantially as shown on EXHIBIT A to this Lease which is attached and made apart of this Lease;
WHEREAS, the Foundry Square Shopping Center is a two-story commercial building that includes
1784 California Street, a commercial office space;
WHEREAS, the Lessor wishes to lease to Lessee a portion of the premise, specifically known as
1784 California Street, as further described and depicted on Exhibit A (hereinafter referred to as the
"Premise" or "Foundry Square Shopping Center") for the purpose of a Redding Police Department's
Downtown Field Office; and
WHEREAS, the Lessee desires to lease from Lessor 1784 California Street under the terms and
conditions set forth in this Lease as more particularly described herein.
NOW, THEREFORE, BE IT RESOLVED, found and determined that for the mutual promises
contained herein, the Lessor and Lessee, together the "Parties" hereby agree as follows.
The term of this Lease shall commence February 1, 2025 ("Effective Date") and shall expire on the date
that is three (3) years therefrom, with the following exceptions:
a. Lessee may ten-ninate this Lease without cause upon thirty (30) calendar days written notice
to Lessor.
b. Lessor may terminate this Lease without cause upon ninety (90) calendar days written notice
to Lessee.
Lessee may take possession of the Leased Premise upon the fbllowingby Lessor and Lessee
on this Agreement, and (2) proof of insurance from Lessee as defined in Section 12 (a) and Section 12 (b),
of this Agreement,
Lessor and Lessee agree that based on the recent history of the commercial space, the rental value durin
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the time of this Agreement is estimated to be one thousand one hundred dollars ($1,100,00) per montl
However, Lessor is donating the majority of the $1,100 value to the City of Redding Police Departmel'I
(RPD) during the period of this Lease Agreement.
As consideration, Lessor will annually collect One Dollar and Zero Cents ($1,00) from Lessee, For the
three-year term, Lessee shall pay Three Dollars and Zero Cents ($3,00) to Lessor within seven days of
executing this Agreement.
4. PERMITTED USE
Lessee may use 1784 California Street as a Downtown Field Office for the Redding Police Department and
for no other use without having first obtained specific written permission from the Lessor.
5. CONFORMANCE TO LAW
Lessee, in carrying out the conducting of business upon said Premises, shall comply with and conform to
all state and federal laws, ordinances, and regulations governing the conduct of said business,
Lessee herein covenants by and for itself, its heirs, executors, administrators and assigns, and all
persons claiming under or through Lessee that this Lease is made and accepted upon and subject to the
following conditions: there shall be no discrimination against or
any segregation of person or group of
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persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the
leasing, subleasing, transferring, use or enjoyment of the Premises, herein leased nor shall Lessee or
any person claiming under or through Lessee, establish or permit it any such practice or practices of
discrimination or segregation with lessees, sublessees, or vendees in the Premises herein.
6. INSPECTION AND ACCESS
Lessor or her agents shall have the right, during normal business hours, during the term of this Lease, as it
may be extended, to enter into and inspect any part of said Premises to ascertain its condition, to make
repairs, and to do any act or thing required by Lessor to be done and for any other purpose incidental to the
rights of Lessor. Lessor and her agents may also have access to the Premises at reasonable times for ninety
(90) days prior to the expiration of the initial term or renewal period for the purpose of showing the Premises
to prospective lessees,
7. SUITABELITY
By taking possession of the Premises, Lessee acknowledges that the Premises and every part thereof are
suitable for its purposes and that on the last day of the Lease term or other sooner termination of the Lease,
Lessee shall peaceable and quietly leave, surrender, and yield up to Lessor the Premises, with all
appurtenances and fixtures in good order and condition and repair, reasonable wear and tear and damage
by acts of God or the elements excepted, subject to Lessee's rights under paragraph 21 and 22 hereof.
8. ABANDONMENT
Lessee shall not vacate or abandon the Premises at any time during the Lease term; and if Lessee shall
abandon, vacate, or surrender the Premises, any personal property belonging to Lessee and left on the
Premises shall be deemed to be abandoned at the option of the Lessor, who may store or destroy said
personal property at the cost of the Lessee,
2
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Lessee's Responsibilities, Lessee shall keep in good order, condition, and repair,
except for reasonable wear and tear, the 1784 California Street commercial space,
including heating and air conditioning filters, fixtures, interior walls, floor, ceiling,
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signs, all interior building appliances including interior plumbing and electrical fixtures,
and sfinilar equipment and the exterior portions of all doors, windows, plate glass, and
the storefront,
bLessor's Responsibilities: Lessor shall keep in good order, condition and repair the
exterior foundations, the exterior walls (except for the interior faces), downspouts,
gutters, and roof of the Premises, heating and air conditioning systems, and the plumbing
and sewage systems outside the building, except for reasonable wear and tear and for
any damage caused by any negligent act or omission of Lessee or their employees,
agents, invitees, or contractors,
Lessor is responsible for water, solid waste, and wastewater. Lessee is responsible for all other utilities.
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caused by gas, sewage, defective electrical wires, gas pipes, water pipes, refrigeration pipes, tanks, "-drain
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roof leaks, or fires, or for any injury to any person or person in or about said Premises during the terin
this Lease, nor shall the said Lessor ' its successors, or assigns, be liable for any injury tothe propeJrty or
the said Lessee for causes mentioned herein, or to third persons, during the said term, by reason of t
occupation and enjoyment of said Premises by said Lessee, except as to those losses incurred by re-ason
defective construction or caused by the gross negligence of Lessor, its agents, servants, and employees,
a. Lessee shall, by means of self-insurance, insure the Premises against property damage and
fire in an amount not less than one million dollars ($1,000,000) per occurrence and tw*
m illion ($2,000 000) in the aggregate.
b. Lessee shall issue to Lessor a certificate of self-insurance naming Foundry Square and
Lessor as additional insured.
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said Lessee or its agents or employees, or caused by the breach of any obligation of Lessee under the
Lease.
14. TAXES
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aLessee shall pay, before delinquency, all taxes and assessments and other charges of
every sort whatever levied or imposed on account of Lessee's equipment, fixtures,
fimifture and furnishings, and any personal property of any sort installed or located in
the Premises, During the term, Lessee shall furnish Lessor, upon demand, satisfactory
evidence of these p.yments,
Lessee will pay to the taxing authority and hold Lessor harmless from liability and free
from liens for all taxes, assessments, license fees, and public charges levied, assessed,
or imposed upon Lessee's business operation and Lessee's personal property in the
Premises. Lessee shall also pay any and all additional business license taxes as assessed
by the City of Redding or County of Shasta, California,
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the shopping center, which areas and facilities are referred to here 'in as" Common Areas." Lessors
throughout the term of this Lease, operate, manage, and maintain all Common Areas within the shoppi
center.
Lessor's Rules and Regulations, Lessor will have the right to establish, and from time to time modi
amend, and enforce against Lessee and the other occupants and users of the Common Areas,
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purposes of resolving the conflict. The rules and regulations may include, without limitation, the ho
during which the Common Area will be open for use. All of Lessor's rules and regulations will app
equally and without discrimination to all persons entitled to use the Common Areas.
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Lessee will have the right to designate one (1) parking space at a location mi the Foundry Squ
parking lot requested by Lessee and approved by Lessor as reserved for Lessee's exclusive useLess
may install at its expense appropriate signage as approved by Lessor and marked "Reserved
ReddingPoli eDepartment"orsunilariangua,-,e. Lessor assumes no responsibility for monitor Mig t
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use of this space designated for Lessee,
16. FREE FROM LIENS
Lessee agrees to keep said Premises free from all liens, and Lessor shall have the right to enter said Premises
during normal business hours for the purpose of posting any notices of non -responsibility that she desires.
17. RELIEF
This Lease shall be deemed terminated pursuant to law upon the failure of Lessee to comply with any lawful
notice given by Lessor to pay rent or to quit the demised Premises.
Lessee, while pay i the rent and performing the covenants herein specified, shall and may peaceab
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and quietly hold andenjoy the said Premises for the term aforesaid, but if any rent is due and unpaid, or
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default should be made in any other covenants or agreements herein contained on the part of the Lesse
Lessor may take proper legal action to reenter the Premises and remove all persons therefrom or said Less
may elect to exercise any legal or equitable right accruing to her as may be the result of such breach. I
to the existing or future laws of the Congress of the United States, including any proceedings under
the bankruptcy laws, including but not limited to Chapters V11, X1, or X111, or if Lessee should
discontinue busffiess or fail in business or abandon or vacate said Premises or make an assignment
for the benefit of creditors, or if the Premises should come into possession and control of any trustee
in bankruptcy, or if any receiver should be appointed in any action or proceedings with power to take
charge, possession, control, or care of said Premises, Lessor shall have the option to immediately
Lease wA,4,4* reexter tkp. &kii, se t tkere;*f. IA A* elieAt
shall this Lease be deemed an asset of Lessee after adjudication of bankruptcy.
In the event an execution is levied on the interest of Lessee in the Premises herein, this Lease shall, at the
option of Lessor, be forthwith terminated, unless Lessee shall immediately discharge the same or otherwise
post bond therefore.
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Lessee shall be entitled to any compensation awarded for merchandise, fixtures, and other property owned
by it which it would be entitled to remove at the end of the term,
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installed at the Premises by Lessee, provided that upon such removal, the floors, walls, and ceilings of the
I-Iremises shall be restored by Lessee so that said buildings will not be damaged or deteriorated by such
removal and are in a condition to be rented, (i.e., if the removal of items necessitates that the walls be
repaired, the walls shall be repaired at Lessee's expense.)
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improvements so long as the same do not damage or injure the said improvements, and that upon the
termination of this Lease, or any renewed portion thereof, Lessee shall be entitled to remove any trade
fixtures Mistalled by Lessee in said improvements, provided, however, that in the event of such removal
the Lessee shall restore 1784 California Street to the condition in which they existed at the time Lessee
entered into possession thereof, reasonable wear and tear thereof excepted.
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that will obstruct or mterfere with the rights of adjacent property operators, or injure or unreasonably
annoy them.
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or extremely hazardous toxic waste, material or substance by Law(s) ("Hazardous Substances,") to be
brought upon, kept or used 'in or about the Premises by Lessee or its authorized agents, employees, or
contractors, except to the extent that such Hazardous Substance is necessary or useful to Lessee's
business and will be used, kept and stored in a manner that complies with all Environmental Laws.
Lessee will indemnify and defend (with counsel selected by Lessee and reasonably acceptable to
Lessor the indemnities against all liability arising from any and all claims, demands, litigation,
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result of the acts of Lessee, its employees, authorized agents or contractors. This indemnification will
survive the termination of this Lease.
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Lessee will not do anything in the Premises that will cause damage to the building or the Premises,
Lessee will not overload the build m'g and no machinery, apparatus, or other appliance will be used or
operated in or on the building that will in any manner ir�jure, vibrate, or shake the Premises,
Notices Affecting the Premises. Lessor will promptly forward to Lessee any notice or other
communication received by Lessor from any source affecting the Premises or materially affecting any
neighboring property if the Premises will be materially impacted as the result of the subject notice
received by Lessor.
If Lessee should default as to any of the conditions, covenants, or agreements herein contained, and
Lessor, having knowledge of such breach, should not take advantage of the same, such failure on her
part shall not be construed as a waiver of such conditions, covenants, or agreements, and the right of
termination shall remain in full force and effect unless expressly waived in writing,
26. HOLDING OVER AFTER TERM
In the event the Lessee occupies said Premises from and after the term of this Lease, such occupancy
shall be deemed a month-to-month tenancy and on the same terms and conditions as herein set forth,
except that said month-to-month tenancy is terminable upon 30 days written notice by Lessor to
Lessee.
leasable, at Lessor's option, the Premises shall be restored with all reasonable speed by Lessor, an
Lessee shall pay a reasonable rent during the peni od of restoration for such part of the Premises as
fit for occupancy, Notwithstanding anything herein to the contrary, if the repairs cannot be made 1
sixty (60) working days, the Lease may be terminated by written notice at the option of either party.
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This Lease, or any interest herein, shall not be assigned, encumbered, sublet, subleased, norunderlet
by Lessee or any part thereof without the prior written consent of Lessor, in its sole discretion.
31. BINDE4G ON HEIRS AND ASSIGNS
This Lease shall include and inure to the benefit of and bind the heirs; executors; administrators,
successors; and assigns of the respective parties hereto; subject to the provisions against assign. ment
herein provided, and time is of the essence in this Lease.
32. WAIVER
No provision of this Lease will be deemed waived except by written consent of the party against whom
the waiver is claimed. No breach of any provision of this Lease will be deemed waived except by
written consent of the party against whom the waiver is claimed. Any waiver of the breach of any
provision of this Lease will not be deemed to be a waiver of any other provision of this Lease. Acceptance
by either party of any performance by the other after the time the performance is due will not constitute a
waiver by the other party of the breach, or default of any provision of this Lease, unless expressly agreed in
writing by the other party.
33. ON SITE PROMOTION
Lessee shall not place, construct, or maintain or permit to be placed any sign, advertisement, notice,
placard, lettering, marquee, awning, decoration, or attachment on the roof, front, windows, doors, or
exterior walls of the Premises without first having obtained Lessor's written consent, which Lessor
may grant in her sole discretion. Lessor may, without liability, enter upon the Premises and remove
any such sign, advertisement, notice, placard, lettering; marquee, awning, decoration, or attachment-
affixed in violation of the foregoing provision, and Lessee shall bear the cost of such removal. Any
sign that Lessee has the right to place, construct, or maintain shall comply with all the laws; and Lessee
shall obtain any approval required by such laws. Lessor makes no representation with respect to
Lessee's ability to obtain such approval.
Lessee shall not use nor permit to be used in or about the Premises any loudspeaker, flashing lights,
phonograph, radio, or other similar audio media that can be heard outside the Premises, nor shall
Lessee use for advertising or otherwise, any other device of any sort whatsoever that may be
objectionable to Lessor or to other Lessees of Foundry Square Shopping Center.
34. RECOVERY
In the event Lessee seeks to terminate this Lease prior to running its full term as set out in Paragraph
1, Lessee will be responsible for all expenses and/or losses which fall to Lessor in re-leasing the
Premises. Said expenses and/or losses will include but not be limited to, advertising, legal fees, repairs;
loss of rent due to vacancy and/or loss of rent due to necessary remodeling by the subsequent Lessee
and additional damages if it has to be rented for a lesser amount.
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When required by the context of this Lease, the singular shall include the plural, "Party' shall mean
Lessor or Lessee, and if more than one person or entity is Lessor or Lessee, the obligations impo ed
on that party shall be joint and several. The unenforceability, invalidity, or illegality of any pro -vision
shall not render the other provisions unenforceable, invalid, or illegal,
If any rent or other charges due under this Lease are due and remain unpaid for five (5) it aft
receipt of notice from Lessor, or if Lessee breaches any of the other covenants of this Lease and
such other breach continues for ten (10) days after receipt of notice from Lessor, or if Lessee aband
and vacates the Premises for more than ten (10) days, then Lessor will have the right to sue for rent, or
terminate this Lease and re-enter the Premises pursuant to an order of a court of competent Jurisdicti
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period or in good faith within said ten (10) days, commences to correct such other breach and diligent
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proceeds therewith, unless such default cannot reasonably be cured within such ten day period and Less
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shall within such period commence with due diligence and dispatch the curing of such default, and havin]
so commenced, shall thereafter prosecute or complete with due diligence and dispatch the cuning of su
teftult,
For all purposes of this Paragraph 36 of the Lease, the term "rent" means the monthly rent and a" oth
chargeof s required to be paid by Lessee pursuant to the terms this Lease. The occurrence of alny
the followin� shall constitute a default by Lessee.
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the cure period permitted under the Lease- These remedies are not exclusive; they are cumulative
addition to any remedies now or later allowed by law. In the event that Lessee breaches the Lease
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Lessor elects to terminate the Lease and retalce possession of the Premises, Lessor will be entitled 0
recover from Lessee the following sums.;
is The worth at the time of the award of the unpaid rent that had been earned at the date
of termination;
1L The worth at the time of the award of the amount of the unpaid rent that would have
been earned after termination until the time of award exceeds the amount of such lost
rent that Lessee proves could have been reasonably avoided-,
iiiThe worth at the time of the award of the amount by which the unpaid rent for ti -I
balance of the term exceeds the amount of lost rent that Lessee proves could
reasonably avoided-, and
IV. Any other amount necessary to compensate Lessor for the detriment proximately
caused by Lessee's failure to perform its obligations under the Lease or which in the
ordinary course of events would be Uely to result therefrom.
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breach by Lessee of any provision of this Lease, other than the failure of Lessee to pay the particular rent
accepted, regardless of Lessor's knowledge of the preceding breach at the time of acceptance of the
payment of rent.
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of unlawful detainer proceedings to the City of Redding, City Clerks Office at 777 Cypress Avenu
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Redd� CA 96001, in lieu of the foregoing, and at the discretion of Lessor, Lessor may serve default
notices on Lessee pursuant to Code of Civil Procedure section 1162
Lessee shall not make or permit to be made any alterations of the said Premises or any part thereof without
the prior written consent of Lessor, in its sole discretion. Lessee shall keep the Premises and the property
on the Premises are situated from any liens arising out of any work performed, materials furnished, or
obligations incurred by Lessee.
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rerrioved by Lessee shall be deemed to have been abandoned by Lessee and may be disposed of in
any manner which Lessor deems fit and without any duty to account to Lessee therefore,
This Lease shall include and mure to and bind the heirs, executors, admi-istrators, successors, and
assigns of the respective Parties hereto,, but nothing in this paragraph contained shall be construed to
modify or impair 'in any manner any of the provisions and restrictions of this Lease relating to the
assignment of this Lease or of any interest therein, or to the subletting or underletting of said Premises
of any part thereof.
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Any prevention, delay, or stoppage due to Force Maieure. resulting from conditions beyond the
control of Lessor or Lessee, such as but not limited to war, strikes, fires, floods, acts of God,
governmental restrictions, or power failures, shall not be deemed a breach of this Lease and will
excuse the performance by such part for a period equal to any such prevention, delay, or stoppage,
except for payment of rent.
This Lease, including any and all Exhibits attached hereto and hereby made a part of, contains the entire
agreement between the parties as to the Premises. All previous and collateral agreements, representations,
promises, and conditions relating to the subject matter of this Lease are superseded by this Lease. Any
representations, promises, and conditions not incorporated in this Lease shall not be binding on the Lessor
or Lessee,
Dated:
Jack Murns, Mayor
City Clerk
Christian M. Curtis, City Attorney
By:
LESSOR
SY.eila -1. Xurst, as Trustee +f tk,-- Skv&.—,:Vtran
Hurst Living Trust DTD 12/19/1988
Dated: ") V
12
Center Street
Foundry Square Lease Agreement
Redding Police Department
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