E-2.Representations and Warranties. Each Party represents and warrants that:
a. It has the full right and legal authority to enter into and fully perform this Agreement in accordance with the terms and conditions contained herein; b. This Agreement is a legal, valid, and binding obligation of such entity, enforceable against such entity in accordance with its terms; and
c. Neither the execution, delivery, nor performance of this Agreement by it violates or will violate or cause a breach of any other agreements or obligations to which it is a party or to which it is bound, and no approval, consent, notice, or other action by or to any third party or any commission, board, or other governmental authority or agency (collectively, “Authorities”) is required in connection with the execution, delivery, or performance of this Agreement (except, with respect to WTC, certain permits, approvals, consents, notices, and other actions by Authorities may be required in connection with performance by WTC of this Agreement).
E-3.Business Partner Code of Conduct. In performing its obligations under this Agreement, Host covenants to comply with WTC’s Business Partner Code of Conduct (“Partner Code”), as amended by WTC from time to time, available at https://legal.ironman.com/Partner-Code. Host acknowledges WTC’s right to monitor compliance with the standards and requirements set forth in the Partner Code, and agrees to provide written responses to queries and, to the extent necessary, to grant reasonable access to relevant documentation to Packet Pg. 621 Attachment: 10-7-25 Staff Report (9.1(d)--Memorandum of Understanding with Redding Tourism Marketing Group) HOST VENUE AGREEMENT- Page 15 of 21
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the extent required to monitor compliance with the Partner Code. To the extent there is a conflict between the terms of this Agreement and the Partner Code, the terms of the Agreement shall prevail.
E-4.Ambush Marketing.
a. “Ambush Marketing” means selling (e.g., including, but not limited to, sponsorship, merchandise, vendor space), advertising, or marketing, by any third party that is not a WTCauthorized sponsor, merchandiser, and/or vendor of the Event, where such selling, advertising, or marketing (i) is in connection with, or in proximity to, the Event, or (ii) otherwise has the effect of exploiting the goodwill of the Event and/or gaining market exposure by way of intrusive and/or associative marketing practices.
b. Host shall not cause, engage in, or permit any Ambush Marketing, and, except to the extent Host is prohibited by law from doing so, Host shall prevent and stop Ambush Marketing at, near, or in connection with the Event, including without limitation by:
i. causing its employees and agents to promptly report, to WTC and the proper Host authorities, any marketing or activity reasonably appearing to be Ambush Marketing; ii. ensuring, prior to and during the Event, that the Event perimeter and any other key advertising locations under the Host's control do not carry any form of temporary advertising or promotional material relating to the Event, except as may be approved in writing by WTC (in WTC’s sole discretion);
iii. using, invoking, and applying Host’s powers to protect all trademarks and copyrights associated with the Event;
iv. preventing the distribution of product samples, premiums, promotional literature and other commercial and non-commercial materials within the established Event perimeter or adjacent to the Event site, except where expressly authorized by WTC; v. causing all signage and other physical items of Ambush Marketing to be taken down, moved, removed, and/or confiscated immediately by Host or, if applicable, law enforcement personnel; and
vi. cooperating with WTC to prevent Ambush Marketing, as may reasonably be requested by WTC.
E-5.Termination.
a. Subject to Item E-5(b): If either Party breaches a material provision of this Agreement, the nonbreaching Party may terminate this Agreement upon thirty (30) days’ written notice to the other Party (which notice must include a description of such breach) if, during such thirty (30) day period following receipt of such notice, the breaching Party fails to cure such breach. b. Notwithstanding anything to the contrary herein, WTC may immediately terminate this Agreement:
i. at any time if WTC gives written notice to Host that WTC has determined, in its reasonable judgment, that an Event is unlikely to occur or be sufficiently profitable to WTC whether due to: (A) revocation or cancellation of, or failure to timely obtain, any of the Approvals & Permits (as defined in Exhibit C); (B) an insufficient number of paid entries or sponsorships received; or (C) any condition with respect to the Venue that could jeopardize the practicability of conducting the Race as planned, or that could create a safety risk for any Race participants or other Event visitors; Packet Pg. 622 Attachment: 10-7-25 Staff Report (9.1(d)--Memorandum of Understanding with Redding Tourism Marketing Group) HOST VENUE AGREEMENT- Page 16 of 21
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ii. if Host files, or in good faith has filed against it, a petition in bankruptcy, or is adjudicated bankrupt or insolvent, or makes an assignment for the benefit of creditors, or an arrangement pursuant to any bankruptcy law; or
iii. if Host causes, engages in, or permits any Ambush Marketing. c. Effects of Termination; Survival.
i. Expiration or termination of this Agreement for any reason will not relieve either Party from its obligation to perform under this Agreement to the extent such performance is due prior to the effective time of such termination.
ii. If this Agreement is terminated by WTC under the terms of Item E-5(a) or Item E-5 (b)(ii), all unpaid Annual Payment amounts will be immediately due and payable to WTC.
iii. Each Party reserves all other rights and remedies hereunder and otherwise permitted by law that have accrued prior to the effective time of such expiration or termination. iv. All rights and obligations under this Agreement that arose or accrued prior to termination or expiration of this Agreement, and that, by their nature, should survive any such termination or expiration, will survive any such termination or expiration, including without limitation the rights and obligations set forth in Item E-1 (Financial Matters), Item E-7(Confidentiality), Item E-8 (Exclusivity), Item E-9 (Indemnification; General Limitation of Liability; Liquidated Damages), Item E-11 (Assignment; Binding Effect), Item E-12 (Relationship of the Parties), Item E-13 (Jurisdiction and Dispute Resolution), Item E-14 (Rights and Remedies), Item E-15 (Notices), Item E-16 (Enforcement of Agreement), Item E-17 (No Oral or Implied Waivers or Modifications), Item E-18 (Entire Agreement), and Item E-19 (Interpretation).
E-6.Force Majeure. In the event either Party is prevented from performing any of its obligations under this Agreement by reason of any event outside of such Party’s control, including, without limitation, fire, weather, unsafe conditions, volcano, explosion, flood, landslide, epidemic, acts of nature, war, terrorism, or other hostilities, strike, civil commotion, domestic or foreign governmental acts, orders, or regulations (“Force Majeure Event”), then such obligations of such Party during the duration of such Force Majeure Event, and for a reasonable time thereafter, will be suspended. In the case of cancellation of an Event due to a Force Majeure Event, the Parties agree to negotiate a date to reschedule such Event if practicable. If such canceled Event cannot reasonably be rescheduled or relocated within the Venue, neither Party shall be deemed to be in breach of this Agreement solely because of such cancellation. Neither any such cancellation, rescheduling, or relocation, nor the inability to reschedule or relocate, will, by itself, cause this Agreement to terminate. For purposes of this Agreement, neither the cancellation by WTC of any leg of the Race (e.g., the swim leg), nor the modification of the Race (e.g., distances, routes, etc.), will be deemed to be a cancellation of the Event.
E-7.Confidentiality.
a. During the Term and the 36-month period thereafter, each Party (the “Receiving Party”) shall, other than as provided herein, keep confidential and not use or disclose, directly or indirectly, any of the terms of this Agreement, any trade secrets, confidential, or proprietary information, or any other knowledge, information, documents, or materials, owned, developed, or possessed by the other Party, whether in tangible or intangible form (collectively, “Confidential Information”).
b. Confidential Information does not include any information that the Receiving Party conclusively establishes: (i) entered the public domain without Receiving Party’s breach of any obligation owed to the disclosing Party; (ii) became known to the Receiving Party prior to the disclosing Party’s disclosure of such information to such Receiving Party; (iii) is permitted to be disclosed by the prior written consent of the disclosing Party; (iv) became known to the Receiving Party Packet Pg. 623 Attachment: 10-7-25 Staff Report (9.1(d)--Memorandum of Understanding with Redding Tourism Marketing Group) HOST VENUE AGREEMENT- Page 17 of 21
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from a source other than the disclosing Party, other than by breach of any obligation of confidentiality owed to the disclosing Party; or (v) was independently developed by the Receiving Party without breach of this Agreement.
c. The Receiving Party shall take all lawful measures to prevent the unauthorized use and disclosure of Confidential Information, and to prevent unauthorized persons or entities from obtaining or using Confidential Information. The Receiving Party shall refrain from directly or indirectly taking any action that would constitute or facilitate the unauthorized use or disclosure of Confidential Information.
d. The Receiving Party may disclose Confidential Information to its officers and employees to the extent necessary to enable the Receiving Party to perform its obligations hereunder, but only if such officers and employees shall have entered into appropriate confidentiality agreements for secrecy and nonuse of Confidential Information which by its terms shall be enforceable by injunctive relief by the disclosing Party. The Receiving Party shall be liable for any unauthorized use and disclosure of Confidential Information by any of its officers or employees. e. The Receiving Party may disclose the terms of this Agreement to (i) its attorneys and other professional advisors who have a professional duty to the Receiving Party to keep confidential such information or (ii) a third party that has entered into a reasonably standard confidentiality agreement with the Receiving Party that prohibits such third party from disclosing such terms, where such third party requires to review this Agreement for purposes of evaluating a proposed (A) purchase by such third party of assets of or equity interests in the Receiving Party or (B) financing transaction involving the borrowing of funds or establishing a credit facility or other financing arrangement, in each case where Receiving Party would be the borrower or guarantor of such debt.
f. If the Receiving Party is required to disclose Confidential Information in order to comply with applicable law, regulations, court order, or other legal process, the Receiving Party agrees to provide reasonable advance written notice to the disclosing Party and each of the Parties shall use its reasonable efforts to secure confidential treatment of the Confidential Information to be disclosed (whether through protective orders or otherwise) and to ensure that only the minimum amount of Confidential Information necessary to comply with such requirements is disclosed.
E-8.Exclusivity.
a. Use of Racecourse and Event-Related Areas. Notwithstanding anything to the contrary in this Agreement: During the period between (and including) the Monday preceding the Race Date until (and including) the Friday following the Race Date (collectively, the “Event Period”), Host shall not produce, conduct, host, or permit any event (other than such Event) that takes place, in whole or in part, on any portion of the Race course or at any Event-related area; provided, however, that during the Event Period (excluding Race day) private functions and corporate events may take place but only if such events do not do or include any of the following:
i. include any endurance-, running-, road cycling-, or swimming-related race, competition or event;
ii. include any vendor exposition, tradeshow, and/or the selling of any merchandise and/or services;
iii. occur on the Race course or at any other area where any part of the Event is being conducted, or adversely affect the ingress or egress to or from any such areas; iv. in any way jeopardize or adversely impact Event production or operations; v. infringe on any WTC intellectual property rights; or Packet Pg. 624 Attachment: 10-7-25 Staff Report (9.1(d)--Memorandum of Understanding with Redding Tourism Marketing Group) HOST VENUE AGREEMENT- Page 18 of 21
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vi. include or constitute Ambush Marketing or otherwise promote themselves as purportedly being part of or in connection with the Event). b. Advertising Other Triathlon, Running, & Cycling Companies or Long-Distance Triathlons, Marathons, & Cycling Races. During the Term, Host shall not permit its website to display any marketing, promotion, advertisement, reference, or the like, of (i) any other triathlon event series or company, including but not limited to World Triathlon (f/k/a International Triathlon Union), Professional Triathletes Organization (PTO), Revolution3 Triathlon, Life Time Fitness Triathlon, Challenge Family Triathlon, CLASH Endurance, Topman Triathlon and HITS Triathlon (or any of their respective successors or assigns), (ii) any person, entity, or group (other than WTC or any subsidiary or licensee thereof) that operates, organizes, produces, or is otherwise involved in any triathlon having a distance longer than that of an “Olympic” distance triathlon (as such distance is defined by World Triathlon), (iii) any triathlon having a distance longer than that of an “Olympic” distance triathlon (as such distance is defined by World Triathlon), unless such triathlon is owned or operated by WTC or any subsidiary or licensee of WTC, (iv) any other endurance series or events, including but not limited to any running series or company and any cycling series or company, (v) any person, entity, or group (other than WTC or any subsidiary or licensee thereof) that operates, organizes, produces, or is otherwise involved in any running or cycling races, or (vi) any running or cycling races, unless such race is owned or operated by WTC or any subsidiary or licensee of WTC.
c. Non-Competition. During the Term and the twenty-eight (28)-month period thereafter, Host shall not produce, support, advertise, promote, conduct, host, permit, or contract or partner with any person or entity (other than WTC or a subsidiary thereof) for or in connection with, any other triathlon, running event, or cycling event located, in whole or in part, within the Venue or anywhere within 75 miles of the Venue if such event features any race distance longer than that of: an “Olympic” distance triathlon (as such distance is defined by World Triathlon), a 5k run, or 60k cycling event.
E-9.Indemnification; General Limitation of Liability; Liquidated Damages. a. Each Party (the “Indemnifying Party”) shall indemnify, protect, defend and hold harmless the other Party, its parent, subsidiaries, and affiliates, and each of their respective directors, officers, employees, contractors, volunteers, representatives, and agents (collectively, the “Indemnified Parties”), from and against any and all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including without limitation, attorneys’ fees, court costs, and other legal expenses (“Claims”), arising out of, directly or indirectly, or in connection with: (i) any breach or alleged breach of any provision of this Agreement by the other Party or any representation or warranty made by the other Party herein; (ii) any act or omission to act by the other Party, or any of its employees, servants, or agents; (iii) any facilities, venues, or accommodations provided by or on behalf of such Party that violate any applicable laws (including, without limitation, the Americans with Disabilities Act); or (iv) any dangerous conditions on, or with respect to, any roads, facilities, venues, or accommodations controlled or maintained by such Party. Notwithstanding the foregoing, the Indemnifying Party shall have no obligation to indemnify any Indemnified Party to the extent that the applicable Claim is caused by the negligence or willful misconduct of such Indemnified Party.
b. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT: WTC’S TOTAL
MAXIMUM LIABILITY FOR ANY AND ALL LOSSES, INJURY, OR DAMAGES IN ANY WAY ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT (WHETHER ARISING OUT OF BREACH OF
CONTRACT, TORT, OR OTHERWISE) AND FOR ANY OTHER CLAIM, WILL BE LIMITED TO THE
AMOUNT OF ANNUAL PAYMENTS (AS DEFINED HEREIN) BY HOST, UNDER THE TERMS OF THIS
AGREEMENT, THAT ARE RECEIVED AND RETAINED BY WTC DURING THE THEN PRECEDING 24-MONTH PERIOD. THE LIMITATION OF LIABILITY SET FORTH HEREIN IS FOR ANY AND ALL
MATTERS FOR WHICH WTC MAY OTHERWISE HAVE LIABILITY ARISING OUT OF OR IN Packet Pg. 625 Attachment: 10-7-25 Staff Report (9.1(d)--Memorandum of Understanding with Redding Tourism Marketing Group) HOST VENUE AGREEMENT- Page 19 of 21
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CONNECTION WITH THIS AGREEMENT, WHETHER THE CLAIM ARISES IN CONTRACT, TORT,
STATUTE OR OTHERWISE, AND THIS LIMITATION OF LIABILITY IS CUMULATIVE, WITH ALL
PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.
c. The Parties acknowledge that the goodwill inherent in the IRONMAN 70.3® brand and the Event Logo arises and is maintained, in large part, by each and every IRONMAN 70.3® event worldwide, including the Event, being conducted as scheduled. Notwithstanding anything herein to the contrary, the Parties acknowledge that Host’s failure or inability to host and support the Event as scheduled, absent a Force Majeure Event, will cause WTC irreparable harm, and that damages will be an insufficient and wholly inadequate remedy as a result of such a breach. If Host breaches this Agreement and such breach results in any Event not taking place when and as contemplated by this Agreement, Host shall pay WTC, within thirty (30) days after receiving written demand from WTC, the amount of $400,000.00 (USD)(“Liquidated Damages”). The Parties intend that the Liquidated Damages are to provide for compensation for a portion of the damages suffered by WTC, are not intended as a penalty and that the stipulated amount is far less than the actual damages and consequential damages that would result from such a breach by Host. d. This Section will survive the expiration or termination of this Agreement for any reason.
E-10. Insurance. Each Party shall, throughout the Term, obtain and maintain its own commercial general liability insurance for each Event from a reputable insurance company for claims of bodily injury, death, property damage, and personal and advertising liability, including contractual liability coverage and any and all litigation, arbitration and settlement costs, related to any claims for or by any Event participants, volunteers, referees, officials, scorekeepers, spectators, sponsors, and staff with a minimum combined single limit equal to but not less than two million U.S. dollars ($2,000,000.00) per occurrence for any one incident or accident, and not less than five million U.S. dollars ($5,000,000.00) in aggregate, which limits may be satisfied with any combination of primary and excess coverage; provided, that, any such excess coverage follows form of the primary coverage. WTC shall include the Host Indemnified Parties as additional insureds on a primary and non-contributory basis on its commercial general liability and umbrella liability (if any) policies for claims arising in connection with WTC’s operations and activities related to the Event. Host shall include the WTC Indemnified Parties as additional insureds on a primary and non-contributory basis on its commercial general liability and umbrella liability (if any) policies for claims arising in connection with Host’s operations and activities related to the Event. Certificates evidencing the foregoing required insurance must be provided, upon request, to the other Party.
E-11. Assignment; Binding Effect. No rights or obligations under this Agreement may be assigned or delegated by Host without the prior written consent of WTC. Any purported assignment or delegation in violation of this Section is void ab initio. All of the terms of this Agreement will apply to, be binding upon, and enure to the benefit of the Parties hereto, their successors, and permitted assigns. Subject to the immediately preceding sentence, no third party will have any rights or remedies under this Agreement.
E-12. Relationship of the Parties. The Parties are acting herein solely as independent contractors. Nothing herein contained will create or be construed as creating a partnership, joint venture, or agency relationship between the Parties. Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker’s compensation, and any other requirements for all personnel it supplies in connection with this Agreement.
E-13. Jurisdiction and Dispute Resolution.
a. Governing Law. Notwithstanding the place where this Agreement may be executed by either Party, this Agreement and any claim, controversy, dispute or other matter arising hereunder or related hereto (whether by contract, tort or otherwise) shall be governed in accordance with the laws of the State of Florida, without regard to the conflict of laws provisions thereof that would result in the application of the laws of any other jurisdiction. In any litigation arising out of or relating to Packet Pg. 626 Attachment: 10-7-25 Staff Report (9.1(d)--Memorandum of Understanding with Redding Tourism Marketing Group) HOST VENUE AGREEMENT- Page 20 of 21
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this Agreement, the Parties agree that venue shall be solely in either the United States District Court, Middle District of Florida, Tampa Division, or a Florida state court located in Hillsborough County, Florida (each, a “Tampa Court”).
b. Arbitration. If a dispute, claim or controversy, with the exception of claims for injunctive and/or other equitable relief for intellectual property violations, unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information arises out of, relates to, or is in connection with this Agreement, any amendment of this Agreement or any breach of this Agreement (“Dispute”), and if the Dispute cannot be settled through direct discussions between the Parties, the Parties agree to settle the Dispute by arbitration administered by the American Arbitration Association (“AAA”) whereby such Dispute shall be referred to a sole arbitrator selected by the Parties, or, if the parties are unable or unwilling to agree to such a selection, to AAA arbitration as the sole remedy as to all matters in Dispute, administered by the AAA in accordance with applicable Arbitration Rules to include the Optional Rules for Emergency Measures of Protection and Optional Procedures for Large, Complex Commercial Disputes, as interpreted and governed by the Florida Arbitration Code. The venue of any such arbitration shall be solely in Tampa, Florida. Judgment on the award rendered by the arbitrator may be entered solely in a Tampa Court. The arbitrator shall not have authority to award punitive or other damages in excess of compensatory damages and each Party irrevocably waives any claim thereto.
c. Enforcement. If either Party brings any arbitration or other action under this Agreement (including, without limitation, any challenge or appeal), the prevailing Party shall be entitled to recover from the other Party reasonable attorneys’ fees and costs (including, without limitation, the cost of such arbitration or other action). The Parties agree to authorize the arbitrator to determine both the entitlement and apportionment of such fees and costs. d. Arbitration Charges. Each Party shall initially bear an equal share of the arbitrator’s compensation and administrative charges of the arbitration and shall make deposits with the AAA of its share of the amounts requested by the AAA. Failure or refusal by a Party to timely pay its share of the deposits for the arbitrator(s)’ compensation and administrative charges shall constitute a waiver by that Party of its rights to be heard, present evidence, cross-examine witnesses, and assert counterclaims. Informing the arbitrator of a Party’s failure to pay its share of the deposits for the arbitrator’s compensation and administrative charges for the purpose of implementing this provision will not be deemed to affect the arbitrator(s)’ impartiality or ability to proceed with the arbitration.
e. General. The requirement for arbitration will not be deemed a waiver of any right of termination under this Agreement and the arbitrator is not empowered to act or make any award other than based solely on the rights and obligations of the Parties prior to any such termination. The Parties, their representatives, other participants and the arbitrator shall hold the existence, content, and result of arbitration in confidence. Any provisions of this Agreement not found to be in compliance with applicable law may be waived without effect on the agreement by the Parties to arbitrate as provided herein. Notwithstanding the foregoing, in the event of breach by a Party of any of its obligations hereunder, the non-breaching Party may seek injunctive or other equitable relief in any Tampa Court. A request by a Party to a court for interim measures shall not be deemed a waiver of the obligation to arbitrate.
E-14. Rights and Remedies. The rights and remedies provided by this Agreement are given in addition to any other rights and remedies either Party may have by law, statute, ordinance or otherwise. All such rights and remedies are intended to be cumulative, and the use of any one right or remedy by either Party shall not preclude or waive its right to any or all other rights or remedies.
E-15. Notices. All notices, requests, demands, and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given if emailed, hand delivered, or delivered by certified or registered mail or by overnight delivery service:
Packet Pg. 627 Attachment: 10-7-25 Staff Report (9.1(d)--Memorandum of Understanding with Redding Tourism Marketing Group) HOST VENUE AGREEMENT- Page 21 of 21
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If to WTC:
WORLD TRIATHLON CORPORATION
3407 West Dr. Martin Luther King Jr. Blvd., Ste. 100
Tampa, Florida 33607
Attention: Chief Legal Officer
E-mail: [email protected]
(or to such other person or address as WTC identifies to Host in accordance with this Section) If to Host: to the address listed on page 1 of this Agreement, to the attention of Legal Department (or to such other person or address as Host may communicate to WTC in accordance with this Section).
E-16. Enforcement of Agreement. Host hereby agrees to waive all defenses, if any, to enforcement of this Agreement that Host might otherwise have under the doctrine of sovereign immunity (or similar doctrine) in connection with any law, regulation, ordinance, decree, order, or any other source or authority.
E-17. No Oral or Implied Waivers or Modifications. If either Party fails to enforce any of the provisions of this Agreement or any rights hereunder or fails to exercise any election provided in this Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either Party to exercise any of these provisions, rights or elections will not preclude or prejudice such Party from later enforcing or exercising the same or any other provisions, rights or elections which it may have under this Agreement. No waiver will be of any force or effect unless set forth in a writing signed by the Party whose right is being waived. Subject to the immediately preceding sentence, no modifications to this Agreement will be binding upon the Parties unless modified, amended, cancelled, renewed, or extended in a writing signed by both Parties.
E-18. Entire Agreement. This Agreement (including all exhibits hereto) sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof, and, with respect to such subject matter, supersedes all prior agreements, arrangements and understandings, written or oral, between the Parties.
Except as may be expressly set forth herein, there are no promises, conditions, representations, understanding, interpretations or terms of any kind as conditions or inducement to the execution hereof or in effect between the Parties.
E-19. Interpretation. The section headings included in this Agreement are for convenience of reference only and will not affect or be utilized in construing or interpreting this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by the arbitrator or a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause, or provision will be deemed to be severed from this Agreement, provided that both the economic and legal substance of the transactions that this Agreement contemplates are not affected in a manner materially adverse to either Party. This Agreement may be executed in counterparts, each of which will be deemed an original binding document but all of which will constitute one and the same instrument. Neither this Agreement nor any provision herein will be construed in favor or against either Party based on which Party drafted this Agreement or such provision. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by e-mail, in “portable document format” (PDF) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of any such means, constitutes effective execution and delivery of this Agreement as to the Parties and may be used in lieu of an original Agreement or signature pages for all purposes. For the avoidance of doubt:
signatures of the Parties transmitted by facsimile, email, or other electronic means will be deemed to be their original signatures for all purposes.
* * * * * *
Packet Pg. 628 Attachment: 10-7-25 Staff Report (9.1(d)--Memorandum of Understanding with Redding Tourism Marketing Group)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution approving adopting the 21st Amendment to City Budget Resolution No. 2025- 049 appropriating $40,000 from General Fund Reserves to fund the demolition of the subject property located at 825 Industrial Street, which has been the focus of prolonged City of Redding Code Enforcement efforts due to chronic nuisance conditions, multiple structure fires, advanced structural deterioration, repeated trespassing, and significant public safety concerns.
Fiscal Impact
Code Enforcement has obtained a demolition estimate of approximately $30,000 to fully raze the structure and remove all rubble. Staff is requesting $40,000 to account for demolition, debris disposal, and reasonable contingencies.
These costs would be eligible for recovery, and a lien would be placed against the property in accordance with applicable law.
Alternative Action
The City Council could choose not to approve the resolution, in which case demolition would not occur, and the community would continue to experience the impacts of the chronic nuisance conditions at the site. If demolition does not occur, continued strain on City services, including Fire, Police, and Code Enforcement, would be expected to persist.
MEETING DATE: January 20, 2026
ITEM NO. 9.4(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.4(a)--Consider budget resolution regarding Nuisance Abatement for 825 Industrial Street, by the City of Redding.
Jeremy Pagan, Development
Services Director/Bldg
Official
Packet Pg. 629
Report to Redding City Council January 15, 2026
Re: 9.4(a)--Nuisance Abatement - 825 Industrial Street, by City of Redding Page 2 Code Enforcement has evaluated the following alternative actions:
1. Waiting for a tax auction (scheduled for February 27, 2026) and coordinating with a future owner.
This option involves significant uncertainty and delay, during which the nuisance conditions would persist. The property continues to be occupied by homeless individuals, creating ongoing life-safety risks. Allowing the structure to remain standing materially increases the likelihood of additional fires, emergency responses, and risk to the public and first responders.
2. Pursuing receivership.
While legally viable, receivership would require petitioning the Superior Court and securing placement on the court’s calendar, which is not an efficient or predictable process for timely nuisance abatement in this case. This option is resource-intensive and procedurally complex and is unlikely to resolve the conditions faster than direct City action, particularly given the current condition of the structure and the City’s existing abatement authority. Receivership is generally better suited for less exigent situations not requiring immediate resolution.
Background/Analysis
The subject property represents a long-standing and unresolved nuisance that has progressively escalated from a code compliance matter into a sustained public safety risk. As documented in the attached staff report for Administrative Hearings Board (AHB) Item #5 (December 17, 2025), the decedent-owned property has been the focus of prolonged Code Enforcement activity due to chronic nuisance conditions, multiple structure fires, advanced structural deterioration, repeated trespassing, and ongoing hazardous activity. Despite extensive outreach, enforcement actions, and opportunities for compliance, the violations have not been abated.
In recent years, significant legislative and policy changes related to homelessness have altered how local governments may respond to encampments, trespassing, and related quality-of-life issues. At the same time, the criminal justice system has become increasingly overloaded and underfunded, limiting its ability to address chronic nonviolent nuisance activity. As a result, properties such as this—vacant, unsecured, and structurally compromised—often become magnets for repeated unauthorized occupancy, fires, and emergency responses, placing the burden squarely on local government enforcement and emergency services.
At the December 17, 2025, hearing, the Administrative Hearings Board upheld and adopted the attached abatement order, increasing the potential total administrative penalties to $80,000. The hearing was one of the most highly attended AHB hearings in recent years, with several aggrieved members of the public and neighboring property owners providing testimony regarding their negative experiences associated with the property. Testimony cited persistent safety concerns, repeated emergency responses, and sustained quality-of-life impacts on the surrounding neighborhood.
The structure remains vacant and unsecured and continues to attract unauthorized entry and hazardous activity. Most notably, a structure fire occurred on December 16, 2025, one day prior to the AHB hearing, requiring a significant emergency response that included 24 fire personnel, five fire apparatus, and more than two hours of firefighting resources. This incident underscores Packet Pg. 630
Report to Redding City Council January 15, 2026
Re: 9.4(a)--Nuisance Abatement - 825 Industrial Street, by City of Redding Page 3 the immediate and ongoing risk posed by the continued existence of the structure and the cumulative strain placed on City emergency services.
The adopted Administrative Abatement and Penalties Order authorizes the City to abate the nuisance conditions through direct action, including demolition of the structure, removal of debris, site cleanup, and cessation of prohibited activities. The Order also authorizes recovery of all associated enforcement and abatement costs by way of a property lien or special assessment lien, but because of the timing of the pending tax sale and unknown value of the sale, full cost recovery is very unlikely to occur.
Direct demolition represents the most immediate, reliable, and effective method of eliminating a long-standing nuisance, reducing public safety risk, and relieving ongoing demands on emergency and enforcement resources.
Environmental Review
This action is not a project as defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^Budget Resolution
1. Report to Administrative Hearings Board, December 17, 2025
2. Adopted Administrative Abatement and Penalties Order, December 17, 2025 Packet Pg. 631
Resolution No. 2026 - ____________
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 21st AMENDMENT TO CITY BUDGET RESOLUTION NO. 2025-049 APPROPRIATING $40,000 FOR NUISANCE ABATEMENT – 825 INDUSTRIAL ST, BY CITY OF REDDING FOR FISCAL YEAR 2026.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2025-049 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
101 1131 Building Demolition – Non City
Property
$40,000
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
Increase (Decrease) Revenue
101-0000-2910000-00000 Fund Balance $ 40,000
Increase Expenditures
101-1131-5050003-00000 Building Demolition - Non City
Property $ 40,000
Total $ 40,000 $ 40,000
THAT the purpose is to appropriate $40,000 for Nuisance Abatement – 825 Industrial St, by City of Redding for fiscal year 2026.
I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the _____ day of January, 2026 and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
JACK MUNNS, Mayor
ATTEST: FORM APPROVAL:
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 632 Attachment: ^Budget Resolution (9.4(a)--Nuisance Abatement - 825 Industrial Street, by City of Redding) Packet Pg. 633
Attachment: 1. Report to Administrative Hearings Board, December 17, 2025 (9.4(a)--Nuisance Abatement - 825 Industrial Street, by City of Packet Pg. 634
Attachment: 1. Report to Administrative Hearings Board, December 17, 2025 (9.4(a)--Nuisance Abatement - 825 Industrial Street, by City of Packet Pg. 635
Attachment: 1. Report to Administrative Hearings Board, December 17, 2025 (9.4(a)--Nuisance Abatement - 825 Industrial Street, by City of Packet Pg. 636
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Attachment: 1. Report to Administrative Hearings Board, December 17, 2025 (9.4(a)--Nuisance Abatement - 825 Industrial Street, by City of
ADMINISTRATIVE HEARINGS BOARD
CITY OF REDDING
CITY COUNCIL CHAMBERS
REDDING, CALIFORNIA 96001
HEARING DATE: December 17, 2025
HEARING TIME: 2:00 P.M.
ADMINISTRATIVE ABATEMENT AND PENALTIES ORDER
Responsible Party/Property Owner(s): FOSSIL LLC
825 Industrial Street
Redding, CA 96002
Assessor’s Parcel Number: 107-200-019-000
Location of Violation(s): 825 Industrial Street
Redding, CA 96002
A. Based on the Code Enforcement Division staff report accepted into evidence, all other oral and written testimony, and evidence presented at the hearing, the Administrative Hearings Board makes the conclusions, based on a preponderance of the evidence:
1. Fossil LLC, as Responsible Party, did maintain violations of the Redding Municipal Code (RMC) and California Building Code (CBC), on the property at 825 Industrial Street, Redding, California, since May 02, 2025.
2. The Administrative Compliance Order (“Compliance Order”) dated November 06, 2025, is hereby affirmed in regards to violations of RMC and CBC Sections CBC § 105.1, RMC § 1.15.150(A), RMC § 1.15.150(B), RMC § 1.15.160(B), RMC § 1.15.160(D), RMC § 1.15.160(E.3.D).
B. The conclusions of law set forth above are supported by the following findings of fact:
1. Fossil LLC, is the Responsible Party within the meaning of RMC § 1.14.020 for such property and/or violations at issue.
2. In support of this Board’s conclusion that Responsible Party was in violation of the Compliance Order, the Board finds that from November 14, 2025, to present day, the Responsible Party:
a. Failed to obtain a permit to demolish remaining structure from property. b. Kept and maintained trash bags, piles of wood/lumber, equipment items, and various other miscellaneous items all throughout the entire property.
Packet Pg. 719 Attachment: 2. Adopted Administrative Abatement and Penalties Order, December 17, 2025 (9.4(a)--Nuisance Abatement - 825 Industrial Street,
c. Kept and maintained overgrown vegetation to exist without proper maintenance as well as years of dead vegetation accumulated throughout the entire property and covering other belongings and structures
d. Kept and maintained structural members including but not limited to, truss ends, truss additions, facia boards and roof sheathing in a deteriorated state. e. Kept and maintained property conditions that are detrimental to surrounding properties.
f. Kept and maintained structural members of fencing and trash enclosures in disrepair.
C. Based on the facts and findings set forth above, the Administrative Hearings Board hereby adopts the following Administrative Abatement and Penalties Order:
1. Compliance Actions. The Administrative Hearings Board hereby orders that on or before December 27, 2025, the Responsible Party/Property Owner(s) shall comply with the following:
a. Cause the cessation of all nuisance activity, as identified on the Compliance Order, on the subject property.
b. Complete demolition permit to remove remaining structure. c. Remove all junk, trash, debris, or unused equipment from the property. d. Contact the City of Redding Code Enforcement Division and allow entry and permission to inspect the premises to confirm the cessation of nuisance activities, and that the violations have been abated at the premises.
2. Administrative Penalties. Pursuant to RMC § l. l4. l80(B) and in consideration of the factors set forth in RMC § 1.14.190, Responsible Party shall pay administrative penalties to the City of Redding in the amount of $1,000 on or before December 28, 2025. a. The amount of penalties is supported by the conduct of the Responsible Party. Setting the initial penalty in an amount sufficient to discourage the Responsible Party from maintaining the hazardous and ongoing violations is reasonable. The violations have been ongoing since November 14, 2025, the date set for abatement by the Compliance Order. The duration of the violation is extensive. The Responsible Party ignored fair warnings that their activities were unlawful and their inaction would lead to escalation.
Their disregard of the numerous written and verbal warnings, including the Compliance Order, is noted and indicative of a disregard for the requirements of the Redding Municipal Code and other pertinent adopted codes.
3. Additional Administrative Penalties. Pursuant to RMC § 1.14.190(B), if full compliance with the Administrative Abatement and Penalties Order is not achieved by December 27, 2025, additional administrative penalties will be assessed against the Responsible Party, Fossil LLC, at a rate of $100 per day beginning December 28, 2025, until the date that the Board’s Order is complied with, up to a maximum of $80,000.
Packet Pg. 720 Attachment: 2. Adopted Administrative Abatement and Penalties Order, December 17, 2025 (9.4(a)--Nuisance Abatement - 825 Industrial Street,
D. Failure to comply. Failure to comply with the Administrative Abatement and Penalties Order by the deadlines set forth above may result in:
1. The City collecting all costs and penalties due pursuant to this Order by the means and remedies set forth in Chapter § 1.14 of the Redding Municipal Code, including, but not limited to, the filing and recordation of a lien and the order of a special assessment.
2. Prosecution pursuant to RMC § 1.14.200(C).
3. The City abating the nuisance condition including, but not limited to, demolishing, removal, cleaning, ceasing prohibited activities and collection of all costs of removal and enforcement by way of a property lien or special assessment lien.
4. The City filing a civil nuisance abatement action, which may include a Health and Safety Receivership cause of action or petition.
E. Authority Granted to City Staff. Should the Responsible Party/Property Owner(s) fail to comply with the provisions of the Administrative Abatement and Penalties Order by the deadlines set forth above, the Administrative Hearings Board specifically authorizes City of Redding Code Enforcement staff to administratively carry out any or all of the remedies set forth in Section “D” of this Order, as may be deemed appropriate by staff.
F. Extension of Time. The Building Official, when applicable, within the scope of his authority and in his discretion, may grant an extension of time, not to exceed ninety (90) days, within which to complete the required abatement, if the official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Official's authority herein is discretionary and shall not be compelled nor shall it in any way extend the time to appeal this Order or challenge any order of the abatement hearing officer. An extension of time may be granted upon receipt of all the below:
1. An application for extension of time from the person required to conform to the final Order.
2. An agreement by such person that he or she will comply with the Order if allowed additional time.
3. An application for any required permits accompanied by the required permit fees.
G. Right to Judicial Review. Pursuant to RMC § 1.14.170(D), any person aggrieved by this Order may obtain review of the Order within 90 days by filing with the Shasta County Superior Court a petition for review pursuant to California Code of Civil Procedure Section 1094.5, except, however, if the Administrative Abatement and Penalties Order solely contains the imposition of administrative penalties, judicial review of the Order shall be pursued by filing a petition for review with the Shasta County Superior Court within 20 calendar days of service of the Administrative Abatement and Penalties Order, in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. Enforcement of any order made pursuant to this chapter shall be stayed during the pendency of a proper and timely filed petition for review.
H. Notice Regarding Proof of Compliance. Pursuant to RMC § 1.14.230 and § 1.14.240, it is your responsibility to notify Code Enforcement when compliance with this Order is achieved. Should Packet Pg. 721 Attachment: 2. Adopted Administrative Abatement and Penalties Order, December 17, 2025 (9.4(a)--Nuisance Abatement - 825 Industrial Street,
you disagree with the date of compliance determined by the Code Enforcement Supervisor, you may request a Compliance Hearing pursuant to RMC § 1.14.240.
Executed this 17th day of December 2025.
Peter Figura, Chair
Administrative Hearings Board
Packet Pg. 722 Attachment: 2. Adopted Administrative Abatement and Penalties Order, December 17, 2025 (9.4(a)--Nuisance Abatement - 825 Industrial Street,
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
(1) Provide direction to staff regarding the continued deferment of lease payments of $5,000 per month related to the Redding Civic Auditorium (C-5682); and (2) Consider providing direction to staff regarding the findings of the Ad Hoc Committee regarding funding for the Civic Auditorium.
Fiscal Impact
Advance Redding’s lease payments are currently deferred through January 2026. Should Council decide to continue deferring lease payments, the City will continue to forgo collecting $5,000 per month in lease payments. This will result in a $5,000 per month impact on the Civic Auditorium Fund for as long as Council defers lease payments.
Alternative Action
The Council could choose not to provide any direction at this time. Not approving lease payment deferment will result in the resumption of lease payments. This action would place additional financial burden on Advance Redding for their operation of the Civic Auditorium.
Background/Analysis
At the August 4, 2025, Council meeting, Advance Redding presented the “State of the Civic” to the Council. During that presentation, General Manager Julie Dyar, had two requests from the Council: (1) to use the $675,000 to assist Advance Redding with current expenses; and (2) work with Advance Redding to restructure the existing agreement to ensure future success. At their September 2, 2025 meeting, Council authorized a $675,445.57 grant to Advance Redding.
Council also authorized a lease amendment deferring lease payments until January 2026. Now that the deferment timeline has run out, Staff is seeking guidance on further deferrals and direction regarding the results of the Ad Hoc committee, if any. Should Council wish to continue deferring lease payments, staff will return to Council with a lease amendment to memorialize the deferment timeframe.
MEETING DATE: January 20, 2026
ITEM NO. 9.6(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.6(c)--Consider providing additional lease deferments and provide direction to staff for Advance Redding's operation of the Civic Auditorium located at 700 Auditorium Drive.
Travis Menne, Director of
Community Services/Airports
Packet Pg. 723
Report to Redding City Council January 16, 2026
Re: 9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance ReddingPage 2 As further background, the Amended and Restated Civic Auditorium Lease Agreement (C-5682) between the City and Advance Redding, Inc. establishes the terms for leasing the Redding Civic Auditorium from January 1, 2022, to December 31, 2031. Advance Redding is responsible for managing the venue, ensuring a minimum of 60 event days per year, measured on a three-year rolling average, and accommodating specific community events like Kool April Nites and the July 4th Freedom Festival. The lease allows the City to use the facility for limited rent-free municipal purposes and natural disaster response.
The rent structure is variable to account for a major subtenant’s presence. Rent was $10,000/month in 2022 and increased to approximately $23,356/month in 2023, with cost-ofliving adjustments in 2023 and 2024. However, when Advance Redding received written notice that its subtenant, Bethel Church, intended to terminate its sublease, the rent dropped to $5,000/month for the remainder of the lease. The rent reduction acknowledged the financial impact of losing a major source of stable income that supported the tenant’s operational viability.
Beyond rent, Advance Redding bears the responsibility for interior maintenance, utility costs, and capital upgrades to auditorium seating systems. The City retains responsibility for structural systems such as HVAC, windows, restrooms, grounds maintenance, and parking lots.
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
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• 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
Reso 2014-025
C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding
9.6(d) Consider financial Assistance options for Advance Redding regarding the Civic Auditorium
C-10981 - Grant Agreement - 2025 - Advance Redding
9.6(b) Consider Resolution Approving Financial Assistance for Advanced Redding and Approving a Lease Amendment for the Civic Auditorium
Packet Pg. 724
r
SUMMARY OF
CITY OF REDDING
RESOLUTION NO. 2014- 025
The following is a summary Report of the City of Redding' s Resolution No. 2014- 025, a resolution of the City Council of the City of Redding approving the execution, delivery and performance of a Real Estate Purchase and Sale Agreement between the City of Redding and The McConnell Foundation and authorizing and directing the Mayor of the City of Redding to execute same.
The resolution:
1. Finds that Addendum Number 4 to the Mitigated Negative Declaration for Use Permit UP- 20- 94 adequately addresses CEQA requirements for this action.
2. Hereby approves that certain Real Estate Purchase and Sale Agreement selling the leased\ fee interest to 14. 17 acres of City owned property ( see attached) to The McConnell Foundation for $ 600, 000. The Agreement is on file in the Office of the City Clerk.
3. Authorizes the Mayor of the City of Redding to execute, deliver and perform the Real Estate Purchase and Sale Agreement and all other documents and instruments provided for therein.
4. Directs the City Manager to deposit the proceeds from the sale into a job order account established for the purpose of utilizing the proceeds for the sole purpose of costs related to capital improvements and deferred maintenance related to the Civic Auditorium, after reimbursement to the City of contractual costs directly related to the sale.
A copy of the full resolution containing details of the above summarized content is available for inspection at the City of Redding, Office of the City Clerk.
DATED:
Pamela Mize, City Clerk
Packet Pg. 725 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) RESOLUTION NO. 2014- 025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE EXECUTION, DELIVERY AND PERFORMANCE OF
REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE
CITY OF REDDING AND THE MCCONNELL FOUNDATION AND
AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF
REDDING TO EXECUTE SAME
WHEREAS, prior to existence of Turtle Bay Exploration Park ( Turtle Bay), science and natural history museums were a function of the City of Redding ( City) and operated as a City department; and
WHEREAS, in 1992, the City entered into a Ground Lease with the Alliance of Redding Museums ( subsequently Turtle Bay) to construct and operate a museum complex on approximately 60 acres of land owned by the City; and
WHEREAS, the City funded Turtle Bay in an amount of $690,000 from 1994 through 1999; and
WHEREAS, the City funded Turtle Bay in an amount of $400,000 from 1999 through 2006; and
WHEREAS, the global recession prompted further reductions in the annual funding and in 2010, all City funding to Turtle Bay was eliminated; and WHEREAS, The McConnell Foundation ( McConnell) has been providing financial assistance to Turtle Bay in the absence of City funding; and WHEREAS, Turtle Bay has been actively working to construct a hotel and restaurant on its campus with the goal of achieving a steady source of income to support the museum and reduce financial assistance provided by McConnell, and to remain a viable cultural and economic asset to the City and its residents; and
WHEREAS, on April 30, 2013, the City of Redding received a letter from The McConnell Foundation ( McConnell) offering to purchase City-owned land currently leased to Turtle Bay Exploration Park ( Turtle Bay); and
WHEREAS, on May 7, 2013, the City Council directed staff to negotiate a Buy, Sell or 1 Trade Agreement with McConnell for 4. 99 acres of land leased. to Turtle Bay; andJ 1 WHEREAS, on June 14, 2013, the City of Redding received a letter from McConnell offering to exchange approximately 80 acres of land known as a portion of the Gore Ranch O property for 14. 1 acres of land leased to Turtle Bay; and fes r
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Packet Pg. 726 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) WHEREAS, on June 21, 2013 the City Council authorized the Mayor and staff to continue to negotiate with McConnell regarding the purchase and sale of 14. 17 acres of Cityowned land leased to Turtle Bay, whether for property or for cash, and bring back a recommendation to the City Council for consideration; and WHEREAS, on October 23, 2013, the City Board of Administrative Review approved the Tentative Parcel Map ( PM- 2013- 00871) that defined the properties to be sold, consisting of
14. 17 acres of land ( as well as others to be retained by the City). The Final Map was recorded on December 17, 2013. Approval of the Tentative Map included adoption of the " Fourth Addendum to Mitigated Negative Declaration for Use Permit UP- 20- 94" prepared for the Parcel Map, a copy of which is attached hereto and by this reference made a part hereof. That addendum specifically acknowledges that the City is proposing to sell, and the McConnell Foundation is proposing to buy the property that is subject to the Purchase and Sale Agreement.
WHEREAS, as described in the Fourth Addendum to Mitigated Negative Declaration, attached hereto, the City has previously granted approvals for the Turtle Bay project (" Prior Project Approvals"). The proposed sale is consistent with, and further implements the Prior Project Approvals and is not a new " project" for CEQA purposes. The City conducted environmental review (" Previous CEQA Documents") on the Prior Project Approvals, as described in the Fourth Addendum to Mitigated Negative Declaration, attached hereto.
WHEREAS, in order to arrive at a mutually acceptable purchase price that will meet or exceed the fair market value of City' s leased-fee interest in the subject 14. 17 acres of property, together with certain appurtenant rights and interests, the City and McConnell each independently retained an appraiser to provide an appraisal following identical instructions. The City' s appraiser estimated the fair market value of the City' s leased- fee interest at 443, 000. The McConnell Foundation' s appraiser valued the property at $ 75, 000. The City and McConnell subsequently mutually selected and retained a third appraiser who valued the land at 175, 000; and
WHEREAS, following the appraisals of the property, McConnell made a formal offer to the City to acquire the City' s leased fee interest in the subject 14. 17 acres of property and certain appurtenant rights and interests at an agreed fair market value equal to the average of the three appraisals ( i. e., $ 231, 000) which offer includes the payment of additional funds in the amount of 369, 000, for a total payment from McConnell to the City of$ 600, 000; and WHEREAS, the City and McConnell have negotiated a Real Estate Purchase and Sale Agreement regarding the purchase and sale of the subject 14. 17 acres of City- owned land leased to Turtle Bay, and appurtenant rights and interests, a copy of which is attached hereto and by this reference made a part hereof; and
WHEREAS, a copy of the Real Estate Purchase and Sale Agreement is also on file with the Redding City Clerk.
Packet Pg. 727 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) NOW, THEREFORE, the City Council of the City of Redding hereby RESOLVES AND ORDERS as follows:
1. The above recitals are true and correct.
2. The City Council finds that the sale is not a new" project", but is in furtherance of the Prior Project Approvals, and that the Turtle Bay project has been fully analyzed in the Previous CEQA Documents. The Previous CEQA Documents are incorporated by reference herein. The Previous CEQA Documents are on file with the custodian of CEQA records.
3. None of the circumstances necessitating preparation of any additional CEQA review as specified in CEQA and the CEQA Guidelines, including without limitation Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163, are present in that:
a) there are no substantial changes to the project that would result in new significant environmental impacts or a substantial increase in the severity of significant impacts already identified in the Previous CEQA Documents; b) there are no substantial changes in circumstances that would result in new significant environmental impacts or a substantial increase in the severity of significant impacts already identified in the Previous CEQA Documents; and
C) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Previous CEQA Documents were adopted, which is expected to result in ( a) new significant environmental effects or a substantial increase in the severity of significant environmental effects already identified in the Previous CEQA Documents; or ( b) mitigation measures which were previously determined not to be feasible would in fact be feasible, or which are considerably different from those included in the Previous CEQA Documents, and which would substantially reduce significant effects of the project, but the City declines to adopt.
3. The Real Estate Purchase and Sale Agreement is hereby approved.
4. The Mayor of the City of Redding is hereby authorized to execute, deliver and perform the Real Estate Purchase and Sale Agreement and all other documents and instruments provided for therein.
5. The City Manager is hereby directed to deposit the proceeds from the sale, into a job order account established for the purpose of utilizing the proceeds from the sale for the sole purpose of costs related to capital improvements and deferred Packet Pg. 728 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) maintenance related to the Civic Auditorium, after reimbursement to the City of contractual costs directly related to the sale.
6.- The custodian of CEQA records is the Planning Division of the Development Services Department.
BE IT FURTHER RESOLVED, this Resolution shall take effect thirty (30) days after its adoption and the City Clerk shall certify the adoption thereof and cause publication of a summary of the Resolution in the same manner as an ordinance adopted by the City Council.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council of the City of Redding on the 4th day of March, 2014, by the following vote:
AYES: COUNCIL MEMBERS: McArthur, Sullivan, & Bosetti
NOES: COUNCIL MEMBERS: Cadd & Jones
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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R CK BOSETTI, Mayor
ATTEST: APPROVED AS TO FORM:
03 A 1
PAMELA MIZE Ci. Clerk tdt RICHARD . DUVERNAY, City Attorney T
Packet Pg. 729 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) Rm' E
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DEVELOPMENT SERVICES DEPARTMENT
r5 PLANNING DIVISION
ipCc) 777 Cypress Avenue, Redding, CA 96001- 271
P.O. Box 496071, Redding, CA 96049- 6071
530.225.4020 FAX 530125. 4495
1 FOURTHADDENDUM TO A MITIGATED NEGATIVE DECLARATION
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1 Addendum to Mitigated Negative Declaration
for Use Permit UP-20- 94, Amendment 3
Turtle Bay Park and Museum
State Clearinghouse No. 94- 0930006
SUBJECT
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Purchase and Sale Agreement between the City of Redding and The McConnell Foundation and t associated Parcel Map PM-2013- 00871 to further implementation ofthe Turtle Bay Exploration Park 1 Lease and Use Permit UP- 20- 94, Amendment 3.
TURTLE BAY PROJECT AND ENVIRONMENTAL REVIEW HISTORY
Turtle Bay Exploration Park, formerly known as the Alliance ofRedding Museums, has constructed the TBEP complex on City of Redding-owned property located east of Sundial Bridge Drive, formerly named Auditorium Drive, and north ofState Route 44( SR 44), formerly named State Route 299. The property is zoned" PF- SP- FP" Public Facilities District with Specific Plan and Floodplain Overlay Districts and" OS- SP- FP" Open Space District with Specific Plan and Floodplain Overlay Districts. The project was facilitated by the City conveyance of a leasehold to Turtle Bay Exploration Park( TBEP), entered into on January 7, 1991. The Lease is for a term of 55 years and is renewable for another 55 years at the option of TBEP. There is presently approximately 88 years remaining on the lease. The project received its initial use permit approval from the City of Redding in 1995. That approval was amended at the request of the applicant in 2000 ( hereafter referred to as Amendment 1). An additional amendment was requested in 2003 ( Amendment 2). In 2010, a third amendment was approved to facilitate construction of a 130- room hotel and associated restaurant and parking facilities( UP- 20- 94, Amendment 3).
The original Mitigated Negative Declaration( MND) and Initial Study/Environmental Assessment 1 prepared for the TBEP project was adopted by the City of Redding Planning Commission on April l 1, 1995. The MND and its supporting documents addressed the entire TBEP project proposed in 1995, which was much larger in scope than what was subsequently approved and constructed.
The MND addressed impacts of construction of a 50,000- square-foot main museum building with an additional 15, 000 square feet of landscape and hardscape. A future expansion of the main museum building with 31, 000 square feet of enclosed space was also evaluated. The main museum building was proposed to be located within the Federal Emergency.Management Agency-identified 100- year floodplain ofthe Sacramento River. In addition, a 5, 000- square- foot retail/ service building i was proposed immediately to the west ofthe main museum building, also in the 100- year floodplain of the Sacramento River. Other features evaluated with the 1995 Mitigated Negative Declaration E
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Packet Pg. 730 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) included a
log- mill exhibit building of 2, 100 square feet( the Paul Bunyan Forest Camp building), j a 162- space parking lot, outdoor exhibits, trails, an easterly gravel access road, a westerly service access road, improvements to the " Monolith," a boardwalk, a river terrace, and an arrival terrace area. Overall, the complex was designed to accommodate an ultimate peak attendance of 800, 000 annual visitors, with an anticipated opening- year projection of 600, 000 visitors.
The physical construction envelope evaluated under the 1995 Mitigated Negative Declaration was
23. 1 acres, of which 6. 1 acres would be used for buildings, exhibits, hardscape, and access roads.
The remaining 17 acres would have been temporarily disturbed during construction. t
The original environmental document addressed the air quality impacts associated with development of the museum complex. Based on the output of the URBEMIS ( Urban Emissions) air quality computer model, it was determined that the project would be under the thresholds established by the Air Quality Element ofthe General Plan and that no mitigation measures related to air quality were required.
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A. REVISIONS TO THE MITIGATED NEGATIVE DECLARATION PROJECT j DESCRIPTION( Amendment 1, 2000)
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An Addendum to the Mitigated Negative Declaration was adopted in 2000 forproposed amendments f to Use Permit UP- 20- 94. The impacts evaluated in the 1995 MND were reduced based on the following changes to the project:
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1. The size of the ultimate main museum building was reduced from 81, 000 square feet to 35, 000 square feet( a reduction of 46, 000 square feet). The 5, 000- square- foot retail/ service l building west of the main museum building was moved out of the 100- year floodplain of the Sacramento River and became the 7, 700- square- foot South Gateway Visitor Center. The Paul Bunyan Forest Camp building would increase from 2, 100 square feet to 3, 200 square feet.
Overall, with the entire complex, the building square footage was reduced from a potential 88, 100 square feet to 45, 900 square feet( a reduction of 42,200 square feet).
2. The estimate for ultimate peak attendance was reduced from 800,000 to 350,000 annual visitors ( a 56 percent reduction). The opening- year projection was reduced from 600, 000 to 205, 000 visitors.
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3. The physical construction envelope of 23. 1 acres remained unchanged. The permanent disturbance for buildings, exhibits, hardscape, and access roads was reduced by 0.2 acre( from
6. 0 acres to 5. 8 acres of permanent disturbance). The temporary disturbance ofthe remaining 17 acres remained unchanged.
B. USE PERMIT AMENDMENT PROJECT DESCRIPTION( Amendment 2, 2003) In April 2003, the use permit was amended( Amendment 2) to grant approval of construction of a 644- square- foot raptor- cage building and two accessory buildings totaling 300 square feet behind the South Gateway Visitor Center.
Fourth Addendum to Mitigated Negative Declaration for Use Permit UP-20- 99, Amendment 3 Page 2 Packet Pg. 731 f• Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) 1 C. USE PERMIT AMENDMENT PROJECT DESCRIPTION( Amendment 3, 2010) i
Amendment 3 is comprised ofthe following additions/ revisions to the original use permit approval as amended in 2000 and 2003:
1. Construction of a 130- room, 70,000- square- foot, three- story hotel( including 4,000 square feet of meeting space) to be located on the west side of the Paul Bunyan Forest Camp. The hotel j would be constructed within existing parking and pedestrian areas.
2. Conversion of the existing South Gateway Visitor Center to a hotel lobby and 80- seat restaurant.
3. Construction/relocation ofthe visitor center to the north side ofthe museum building, generally adjacent to the existing cafe. This will become the new museum entry and store. The addition represents 2, 400 square feet offloor area and will be located in an area that currently contains walkways and landscape.
1 4. Reconfiguration of the existing parking lot located adjacent to the Paul Bunyan Forest Camp and construction of 59 new parking spaces. Attachment" A" includes a site plan illustrating the proposed hotel and parking- lot reconfiguration/ addition.
PROJECT DESCRIPTION- FOURTH ADDENDUM r
The City and The McConnell Foundation desire to further implementation ofthe TBEP Leasehold with commercial support uses allowable under TBEP Lease and Use Permit UP- 20- 94, Amendment 3. To facilitate that goal, the City is proposing to sell, and The McConnelI Foundation r is proposing to buy( at fair market value), a five- acre area of Turtle Bay's leasehold area owned by the City and currently fully entitled for construction of a 130- room hotel and associated restaurant and parking facilities( UP- 20- 94, Amendment 3).
In addition, the City and The McConnell Foundation desire to convey in a similar manner an additional approximately 9- acre area of the Turtle Bay Leasehold area owned by the City and anticipated for future development of commercial uses to support TBEP. Beyond what is allowable pursuant to the TBEP Lease, that project is presently unknown and is to be determined with F specificity in the unforeseeable future.
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Finally, consistent with prior approvals for the use of land and so as to implement the sale and transfer of the five- acre and nine- acre areas, the City of Redding proposes with PM- 2013- 00871 to merge a number of existing City-owned parcels in the immediate area, totaling approximately g 187 acres, and resubdivide the property into four parcels. This action would remove antiquated E parcel lines put in place when the City acquired land in the area, long before approval ofthe TBEP project. This action is administrative in character and does not change the development potential for the TBEP Lease or its associated use permit, UP- 20- 94, Amendment 3. Parcel 3 would be approximately five acres and conforms exactly to the area entitled for improvement of the Hotel.
Parcel 4 consists of the approximate nine- acre area contemplated for conveyance and development in the unforeseeable future, with commercial support uses within the TBEP Leasehold. As Parcel 1 and Parcel 2 would remain in City ownership, no development or changes to established uses are contemplated.
Fourth Addendum to Mitigated Negative Declaration for Use Permit UP- 20- 94, Amendment 3 Page 3 s
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Packet Pg. 732 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding)
DETERMINATION
Based upon a review of the proposed land conveyance transaction and associated Parcel Map PM- 2013- 00871, it has been determined that an Addendum is appropriate because none of the following conditions( pursuant to CEQA Section 15162) have occurred:
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1. Substantial changes are proposed for the project that will require major revision ofthe previous Mitigated Negative Declaration due to new, significant environmental effects or a substantial increase in the severity of previously identified effects. No changes are being proposed for the TBSPproject. The sale and subdivision ofthe land will have no effect upon TBEP Lease or Use Permit UP-20-94, Amendment 3, and are simply implementing actions associated with prior approval ofthe TBSP Lease and the Hotel Project. CEQA review is not required or retriggered on each subsequent date that a public agency takes some action toward implementing previously approved projects. Van de Camp Coalition v. Board ofTrustees of Los Angeles Community College District, 206 Cal.App.4th 1036( 2012). f
2. Substantial changes occur with respect to the circumstances under which the project is I undertaken that involve new, significant environmental effects or a substantial increase in the severity of previously identified effects. There are no changes to the circumstances under E which the project will be undertaken. The sale and subdivision ofthe land will not create any j new significant effects or any increase in severity ofpreviously identified effects. With respect to the nine-acreparcelproposedfor conveyance, property disposal alone is not aproject iftoo little is known about environmental impacts to which it might lead( i.e., future development) to allow those impacts to be meaningfully analyzed. Friends ofSierra R.R. v. Tuolumne Park j and Recreation Dist., 147 Cal.AppAth 643 ( 2007). No future development plans for the nine- acre parcel have been identified.
3. New information of substantial importance indicates that:
a. The project will have one or more significant effects not discussed in the previous Mitigated Negative Declaration. A11 the significant effects are adequately discussed and evaluated in the 1995 Mitigated Negative Declaration, 2000 Addendum, 2003 Second Addendum, and 2010 Third Addendum and their supporting documents.
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b. Significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration All the significant effects previously s identified have been mitigated in accordance with prior approved Mitigation Monitoring I Program.
C. Mitigation measures previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects ofthe project, but the project proponents decline to adopt them. The Mitigation Monitoring Program adopted with the MND has been implemented. None ofthe mitigation measures were determined to be infeasible. E
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Fourth Addendum to Mitigated Negative Decdaration for Use Permit UP- 20- 94, Amendment 3 Page 4 Packet Pg. 733 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) d. Mitigation measures that are considerably different from those analyzed in the previous Mitigated Negative Declaration would substantially reduce one or more significant effects, but the project proponents decline to adopt them. No additional or considerably different mitigation measures are proposed or necessary for the sale and subdivision of the land.
FINDINGS
1. The City ofRedding has determined that an Addendum is warranted, finding that none of the above conditions are in evidence and that there is no substantial evidence that the this project will have a significant effect on the environment.
2. The Addendum to the Mitigated Negative Declaration and its supporting documentation reflect the independent judgment and analysis of the City of Redding.
PUBLIC REVIEW DISTRIBUTION
Pursuant to Section 15164( c) of the CEQA Guidelines, an Addendum does not require circulation for public review. The original adopted Mitigated Negative Declaration and Initial Study/ Environmental Assessment are attached.
Copies of the Addendum, the 1995 Mitigated Negative Declaration, 1995 Initial Study/Environmental Assessment, and 2000 Addendum may be obtained at the Planning Division of the Development Services Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. Contact Senior Planner Kent Manuel at( 530) 225- 4020.
JMj,"A,a & IOL13( f
Douglas DeMallie Date
Planning Manager
ATTACHMENTS
A. Location Map
B. Site Plan
KM: amf
Envirdccl3\ MND- adndm4- TurtleBay- COR. wpd
c: Mike Warren
Lee Salter
Fourth Addendum to Mitigated Negative Declaration for Use Permit UP- 20- 94, Amendment 3 Page 5 Packet Pg. 734 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding)
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Real Estate Purchase and Sale Agreement (" Agreement"), dated for reference purposes only as of February 20, 2014, is made by and between the City of Redding, a municipal corporation (" Seller") and The McConnell Foundation, a California non-profit corporation Buyer"). The date this Agreement is mutually executed and delivered by both parties is hereinafter sometimes referred to as the " Effective Date."
RECITALS
A. Seller is the owner of approximately 14. 17 acres of land in the City of Redding, County of Shasta, State of California, legally described as Parcel 3 and Parcel 4 as shown on Parcel Map No. 2013- 00871, Being a Portion of Sections 11 and 13 of the P.B. Reading Grant in the City of Redding, Shasta County, California, filed for record in the office of the County Recorder on December 17, 2013, in Book 38 of Parcel Maps, at Page 100, Shasta County Records ( the " Property"). The Property, together with certain other land owned by the Seller, is leased to Turtle Bay Exploration Park (" Turtle Bay") pursuant to that certain Ground Lease, dated January 7, 1992, between the City and Turtle Bay, successor- in-interest to Alliance of Redding Museums, as amended ( collectively, the " Ground Lease").
B. Buyer desires to purchase the Property subject to all of the terms and conditions of the Ground Lease, and Seller desires to sell such property to Buyer, on the terms and conditions set forth herein.
NOW, THEREFORE, Seller and Buyer agree as follows:
1. Property Purchased and Sold. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, on the terms and conditions set forth herein.
Such purchase and sale shall include all rights, privileges and easements appurtenant to the Property, including but not limited to, all mineral, air and water rights, all of Seller' s rights and obligations under the Ground Lease ( insofar as they relate to the Property), all of Seller' s interest in all licenses, permits, approvals, entitlements, and development rights relating to the Property, and the Additional Appurtenant Easements provided for below ( collectively, the " Appurtenant Rights and Interests").
2. Assignment and Assumption of Lessor' s Interest Under Ground Lease. The Property, including all Appurtenant Rights and Interests, shall be conveyed to Buyer subject to all applicable terms and conditions of the Ground Lease. At the Closing, Seller shall assign to Buyer, and Buyer shall assume from Seller, all of the Landlord' s rights and obligations under the Ground Lease insofar as they relate to the Property. Such assignment and assumption shall be accomplished by way of an assignment and assumption agreement in form and substance reasonably acceptable to Buyer and Seller (the " Assignment and Assumption of Lessor' s Interest in Ground Lease"). From the date of the Closing and thereafter, Seller shall retain all of the 1 Packet Pg. 735 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) Landlord' s rights and obligations under the Ground Lease to the extent they apply to the portions of Seller' s real property other than the Property.
3. Buyer' s Pam.
3. 1. At the Close of Escrow, Buyer shall pay to Seller the total sum of SIX HUNDRED THOUSAND AND 00/ 100 DOLLARS ($ 600, 000. 00) in immediately available funds (' Buyer' s Payment").
3. 2. The parties have obtained three separate independent appraisals of the fair market value of Seller' s leased fee interest in the Property and the Appurtenant Rights and Interests. The fair market values determined by such appraisals are as follows: ( a) FMV Opinions, Inc. - $ 75, 000. 00; ( b) Duff& Phelps, LLC - $ 175, 000. 00; and ( c) Shaw& Associates, Inc. - $ 443, 000. 00. Seller and Buyer acknowledge that appraisal opinions typically vary, and. agree that, when three appraisals are obtained for purposes of determining the fair market value and purchase price of real property, it is accepted practice to average the values determined by the appraisals ( either all three of the values or the closest two), or to select the middle ofthe three appraised values. Seller and Buyer hereby agree that the fair market value of Seller' s leased fee interest in the Property and the Appurtenant Rights and Interests is the sum of TWO HUNDRED THIRTY-ONE THOUSAND AND 00/ 100 DOLLARS ($ 231, 000. 00), which is the average of the three fair market values determined by the appraisals referred to above ( the " Agreed Fair Market Value of the Property"). Seller and Buyer agree that the purchase price for the Seller' s leased fee interest in the Property and the Appurtenant Rights and Interests shall be the Agreed Fair Market Value of the Property ( subject, however, to possible adjustment as provided in this Section 3, below).
3. 3. Buyer has elected to pay Seller THREE HUNDRED . SIXTY-NINE THOUSAND AND 00/ 100 DOLLARS ($ 369,000. 00) more than the Agreed Fair Market Value of the Property in light of potential claims by third parties that any future construction on the Property will be subject to the payment of prevailing wages pursuant to the California Prevailing Wage Law( California Labor Code §§ 1720 et seq.) (" Prevailing Wage Law").
3. 4. For purposes of this Agreement, the term " Excess Payment" means the portion of Buyer' s Payment that exceeds the Agreed Fair Market Value of the Property, and the term " Construction Project" means any construction, alteration, demolition, installation or repair work on the Property. The Excess Payment shall be deemed to be paid by Buyer and accepted by Seller as ( a) a reimbursement of all costs and expenses, if any, incurred by Seller in connection with this transaction that exceed ( i) the costs and expenses normally and customarily incurred and borne by Sellers of real property in Shasta County, California, and (ii) the costs and expenses paid or reimbursed by Buyer outside of Escrow or pursuant to other provisions of this Agreement, and ( b) consideration for the elimination of any public subsidy, payment or gift of public funds to or for the benefit of Turtle Bay, Buyer, and/ or any Construction Project for purposes of the Prevailing Wage Law relating to the Ground Lease, any amendments or addenda to the Ground Lease, the rescission of any amendments or addenda to the Ground Lease, the Agreed Fair Market Value of the Property, and/ or the transaction provided for herein. To the 2 Packet Pg. 736 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) extent the Excess Payment is not necessary for any of the purposes described in clauses ( a) and b) of this subsection 3. 4, above, it shall be deemed to be a gift from Buyer to Seller.
4. Payment. Buyer' s Payment shall be paid through the Escrow as follows:
4. 1. Within five ( 5) days after the Effective Date, Buyer shall deliver to the Escrow Agent the sum of Ten Thousand Dollars ($ 10, 000. 00) by wire transfer or check. Said amount shall represent Buyer' s deposit on account of the Buyer' s Payment ( the " Deposit"). The Deposit shall be held in an FDIC insured interest bearing account having no penalty for early withdrawal. The Deposit and all accrued interest thereon shall be applied and credited against the Buyer' s Payment or otherwise applied, credited or disbursed as hereinafter provided:
4. 2. At least one ( 1) business day prior to the Close of Escrow, Buyer shall deliver to the Escrow Agent cash or other immediately available fun_ds in an amount equal to the Buyer' s Payment, less the Deposit and all accrued interest thereon ( the " Balance of the Buyer' s Payment").
4. 3. The Buyer' s Payment, less all charges to Seller' s account provided for herein, will be distributed to Seller from the Escrow upon the Close of Escrow.
5. Independent Contract Consideration. Buyer shall deposit into Escrow, concurrently with and in addition to the Deposit, the amount of One Thousand Dollars 1, 000. 00) ( the " Independent Contract Consideration"). The Independent Contract Consideration shall be nonrefundable to Buyer as independent consideration for the rights extended to Buyer hereunder, including, without limitation, the right to terminate this Agreement as provided herein. The Independent Contract Consideration shall be disbursed to Seller immediately following Buyer' s deposit thereof into Escrow. In all instances in which this Agreement is terminated and the Deposit is returned to Buyer, Seller shall be entitled to retain the Independent Contract Consideration. The Independent Contract Consideration shall not be applicable to the Buyer' s Payment or treated as consideration given by Buyer for any purpose other than as provided herein.
6. Escrow. Buyer and Seller shall promptly open an escrow (" Escrow") with Fidelity National Title Insurance Company, . 2070 Churn Creek Road, Suite C, Redding, California 96002 ( the " Escrow Agent"). Buyer and Seller shall each execute and deliver to the Escrow Agent such escrow instructions as the Escrow Agent may reasonably require in order to consummate the purchase and sale of the Property in accordance with the terms of this Agreement. The escrow instructions shall not modify or amend the provisions of this Agreement, and in the event of any conflict between any escrow instructions and this Agreement, this Agreement will control.
3 Packet Pg. 737 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding)
7. Close of Escrow.
7. 1. The purchase and sale of the Property will be accomplished through the Escrow. " Close of Escrow" or " Closing" is defined to be the date the grant deed from Seller to Buyer, on the Title Company' s standard form ( the " Grant Deed"), is recorded in the Official Records of Shasta County, California ( the " Official Records"). The Grant Deed shall be recorded and the Escrow shall close on or before thirty ( 30) days following the Effective Date the " Closing Date"); provided, however, that either parry shall have the right to extend the Closing Date for a single period of up to thirty (30) days if it requires additional time to perform any of its obligations hereunder and/or to satisfy any conditions to its obligation to sell or buy the Property, as the case may be. In the event either party extends the Closing Date pursuant to the foregoing, the other parry shall not thereafter have the right to further extend the Closing Date.
Seller or Buyer shall exercise its extension right hereunder, if at all, by delivering written notice thereof to the other parry and the Escrow Agent no later than ten( 10) days prior to the originally scheduled Closing Date.
7. 2. Concurrently with the execution and delivery of this Agreement, Seller has delivered to Buyer and the Escrow Agent copies of one or more resolutions adopted by the Redding City Council ( the " Council Resolutions") and the Redding Joint Powers Financing Authority ( the " JPA") ( the " JPA Resolutions"), certified to be true and correct by the Redding City Clerk: ( a) in the case of the Council Resolutions ( i) approving the execution, delivery and performance ofthis Agreement, and all other documents and instruments provided for herein, by Seller, and( ii) authorizing and directing the Mayor of the City of Redding to execute, deliver and perform this Agreement, and all other documents and instruments provided for herein, on behalf of the Seller; and( b) in the case of the JPA Resolutions ( i) approving the Additional Appurtenant Easement to be granted to Buyer by JPA, and the Additional Appurtenant Easement Documents relating thereto, as provided in Section 12 below, and ( ii) authorizing and directing the President, Chairman or other authorized representative of the JPA to execute and deliver such Additional Appurtenant Easement Documents on behalf of the JPA. Seller shall deposit the following items with the Escrow Agent at least two ( 2) days prior to the Close of Escrow, and shall cause such items to be recorded and/ or delivered to Buyer at the Close of Escrow:
7.2. 1 The Grant Deed, duly executed and acknowledged by the Seller, conveying fee title to the Property to Buyer, subject only to the Permitted Exceptions ( as defined in subsection 8. 6, below);
7.2. 2. A counterpart of the Assignment and Assumption of Lessor' s Interest in Ground Lease, duly executed and acknowledged by Seller;
7.2.3. Original counterparts of the Additional Appurtenant Easement Documents ( as defined below), duly executed and acknowledged by Seller and/ or the JPA as the case may be;
7. 2. 4. Such other assignments, bills of sale, certificates of title and other instruments of transfer, all in form reasonably satisfactory to Seller and Buyer, duly executed and 4 Packet Pg. 738 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) acknowledged by Seller, as are necessary to convey fully and effectively to Buyer the Property and the Appurtenant Rights and Interests in accordance with the terms hereof; and
7. 2. 5. Such other certificates, assurances, consents and documents as are usual and customary in Shasta County, California and may reasonably be required by the Buyer, Escrow Agent, or Title Company in connection with the consummation of the transactions contemplated hereby, including, but not limited to, any affidavits or other instruments required by the Title Company to enable it to issue the Title Policy to Buyer.
7. 3. Buyer shall deposit the following items with the Escrow Agent at least two 2) days prior to the Close of Escrow, and shall, except for the funds provided for in subsection
7. 3. 2 and any fees or costs payable by Seller hereunder, cause such items to be delivered to Seller at the Close of Escrow:
7. 3. 1. The Balance of the Buyer' s Payment in immediately available funds;
7. 3. 2. Immediately available funds in an amount sufficient to pay the fees and costs payable by Buyer under this Agreement;
7. 3. 3. A counterpart of the Assignment and Assumption of Lessor' s Interest in Ground Lease, duly executed and acknowledged by Buyer; and
7. 3. 4. Such other and further certificates, assurances, consents and documents as are usual and customary in Shasta County, California and may reasonably be required by Seller, the Escrow Agent, or Title Company in connection with the consummation of the transaction contemplated hereby.
8. Preliminary Report, Title Insurance.
8. 1. Seller has caused Fidelity National Title Insurance Company ( the " Title Company") to deliver to Buyer that certain Preliminary Report, Order No. 13- 152751- PM, with an Effective Date as of September 25, 2013, covering the Property and contemplating the issuance of an ALTA Standard Coverage Owner' s Policy of Title Insurance ( 6- 17- 2006) ( the Preliminary Report"), together with copies of all items listed on the schedule of exceptions to title insurance coverage therein.
8. 2. For purposes of this Agreement, the following terms have the following meanings: ( i) " Monetary Encumbrances" means all mortgages, deeds of trust, judgment liens, mechanic' s liens, tax liens, bonds, assessments, security interests, and other monetary liens or encumbrances, and all related documents and instruments, whether recorded or unrecorded, against or relating to ( A) the Property or any Appurtenant Rights or Interests, or (B) any lease of or affecting the Property ( other than the taxes, assessments, and liens referred to in Exception Nos. 1, 7 and 8 of the Preliminary Report); ( ii) " Purchase Options" means all options to purchase, rights of first refusal, and other rights to purchase the Property, or any Appurtenant Rights or Interests, or any portion thereof or interest therein, whether recorded or unrecorded; 5 Packet Pg. 739 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) iii)" Restrictions on Alienation" means all restrictions on the ability of the owner of the Property to lease, sell, or otherwise convey the Property, whether recorded or unrecorded, and whether or not contingent upon the approval of any third party; ( iv) " Ground Lease" has the meaning given to it in Recital A, above; and ( v) " Other Encumbrances" means all special exceptions to title insurance coverage disclosed in the Preliminary Report or any amendment or supplement thereto other than Monetary Encumbrances, Purchase Options, Restrictions on Alienation, the Ground Lease, the Reserved Easements ( as defined below), and Exception Nos. 1 through 8 of the Preliminaty Report.
8. 3. Buyer hereby disapproves of all Monetary Encumbrances, Purchase Options, and Restrictions on Alienation. No other disapproval notice is required with respect to any Monetary Encumbrances, Purchase Options, or Restrictions on Alienation. On or before the Closing, Seller shall cause all Monetary Encumbrances, Purchase Options, and Restrictions on Alienation, if any, to be terminated, released, reconveyed, and eliminated of record.
Notwithstanding the foregoing,' Buyer does not disapprove and Seller shall have no obligation to cause the right of first refusal contained in the Ground Lease to be terminated, released, and eliminated of record. The parties confirm and agree that Turtle Bay has delivered to Seller and Buyer a written waiver of such right of first refusal as to the transaction provided for herein. The Close of Escrow and Buyer' s obligation to purchase the Property shall be contingent upon Buyer' s receipt of an endorsement to the Title Policy insuring against loss arising out of the exercise of such right of first refusal in connection with the transaction provided for herein.
8. 4. On or before twenty (20) days prior to the Closing Date ( as the same may be extended), Buyer shall notify Seller, in writing, of any Other Encumbrances Buyer objects to and is unwilling to accept at the Closing ( each a " Disapproved Exception") (" Buyer' s Title Notice"). If Buyer fails to deliver Buyer's Title Notice within such time period, Buyer shall be conclusively deemed to have approved of the Other Encumbrances shown in the Preliminary Report. Within ten ( 10) days following delivery of a Buyer' s Title Notice, Seller shall notify Buyer, in writing, with respect to each Disapproved Exception, of Seller' s election to either ( a) remove the Disapproved Exception prior to the Closing ( in which event Seller shall thereafter remove such Disapproved Exception prior to the Closing); or ( b) decline to remove any such Disapproved Exception (" Seller' s Title Response"). If Seller fails to deliver Seller' s Title Response within said ten ( 10) day period, Seller shall be deemed to have declined to remove the Disapproved Exception( s). If Seller declines or is deemed to have declined to remove one or more ofthe Disapproved Exceptions, Buyer may elect to either terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception( s). Buyer shall exercise such right by delivering written notice to Seller within five ( 5) days following the date Seller declines or is deemed to have declined to remove any Disapproved Exception( s). IfBuyer fails to deliver a written notice to Seller within said five ( 5) day period wherein Buyer elects to accept title to the Property subject to the Disapproved Exception( s), Buyer shall be deemed to have elected to terminate this Agreement and the Escrow. If Buyer elects or is deemed to have elected to terminate this Agreement and the Escrow pursuant to this subsection, the Deposit and all accrued interest thereon shall be returned to the Buyer, and neither party shall have any further liability or obligations under this Agreement, except as otherwise provided herein. 6 Packet Pg. 740 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) 0 8. 5. Upon the issuance of any amendment or supplement to the Preliminary Report which adds additional Other Encumbrances, the foregoing right of review and approval shall also apply to said amendment or supplement, provided however, that Buyer' s initial period of review and approval or disapproval of any such additional exceptions shall expire on the later of five ( 5) days following receipt of written notice of such additional exceptions together with full and complete copies thereof, or twenty ( 20) days prior to the Closing Date ( as the same may be extended).
8. 6. At the Closing, and as a condition thereto and Buyer' s obligation to purchase the Property, Seller shall cause the Escrow Agent to deliver to Buyer an ALTA Standard Coverage Owner' s Policy of Title Insurance ( 6- 17- 2006) issued by the.Title Company.
Such policy of title insurance shall have a liability in the amount of the Agreed Fair Market Value of the Property, and show title to the Property and the Appurtenant Rights and Interests including the Additional Appurtenant Easements) vested in Buyer, subject only to ( a) Exception Nos. 1 through 8 of the Preliminary Report, ( b) the Ground Lease, ( c) any matters shown on Parcel Map No. 2013- 00871 as referred to in Recital A, above ( the " Parcel Map"), ( d) the Reserved Easements ( as defined below), and ( e) any Other Encumbrances which are approved or deemed approved of by Buyer as provided above ( collectively, the " Permitted Exceptions"). The parties confirm and agree that the title insurance policy issued to Buyer at the Closing may not include any exceptions to coverage relating to Monetary Encumbrances ( except to the extent provided for in Exception Nos. 1 through 8 of the Preliminary Report), Purchase Options ( except as set forth in the Ground Lease), or Restrictions on Alienation ( including but not limited to, Exception Nos. 22, 23, 24, and 27 in the Preliminary Report, all of which must be removed prior to the Closing). Such policy of title insurance shall also include a Form 116. 7 Subdivision Map Act endorsement for each of Parcel 3 and Parcel 4 as described in Recital A, above, the endorsement relating to the Turtle Bay right of first refusal referred to above, and such other endorsements as Buyer deems advisable in Buyer' s reasonable discretion. Buyer shall have the right to obtain an extended coverage policy of title insurance in lieu of a standard coverage policy of title insurance provided that ( i) the Closing. Date shall not be extended as a result of or in order to accommodate the issuance of any such policy ( except as may otherwise be allowed by subsection 7. 1, above); ( ii) Buyer shall, prior to the Closing Date and at Buyer's sole cost and expense, satisfy all survey and other requirements, if any, imposed by the Title Company as a condition to.the issuance of such extended coverage policy; and (iii) Buyer shall pay all portions of the premium for such extended coverage policy. In the event such requirements are met, the title insurance policy issued to Buyer at the Close of Escrow shall not include Exception Nos. 1 through 6 of the Preliminary Report ( either as general or special exceptions to coverage). The policy of title insurance and endorsements provided for in this subsection shall be referred to herein collectively as the " Title Policy."
9. Seller' s Property Documents. Prior to the Effective Date, Seller has delivered the following to Buyer: ( a) a Natural Hazard Disclosure Report prepared by DisclosureSource, Inc. or other reputable vendor) with respect to the Property; and( b) true, correct and complete copies of all environmental impact studies and reports, surveys, and geological, archeological, and biological studies and reports relating to the Property, all " Phase I", " Phase II" and other studies, assessments, or reports relating to the environmental condition of the Property, and all architectural, engineering, grading and other plans and similar data relating to the Property, 7 Packet Pg. 741 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) which are in Seller' s possession or are reasonably available to Seller ( collectively, " Seller' s Property Documents"). In the event Seller prepares or acquires any of the foregoing or similar items after the Effective Date, Seller shall promptly deliver copies thereof to Buyer.
10. Entry, Inspection and Approval Rights.
10. 1. Prior to the Close of Escrow, Buyer and Buyer' s employees, agents, consultants, independent contractors and lenders shall have the non- exclusive right to enter upon the Property to conduct all inspections and investigations of the Property as Buyer deems necessary or advisable in its sole discretion. Any such inspection or investigation may only be conducted after providing reasonable notice to Seller' s tenant and shall not adversely affect the tenant' s activities on the premises. Such inspections and investigations may include, but shall not be limited to, Phase 1, Phase 2 and other environmental site assessments. All costs associated with such inspections and investigations shall be borne by Buyer.
10. 2. Buyer' s obligation to purchase the Property is expressly conditioned upon Buyer' s approval, in its reasonable discretion, of any and all matters disclosed by Seller' s Property Documents and/ or any inspections and investigations of the Property Buyer elects to undertake. In the event Buyer disapproves of any such items, Buyer shall deliver written notice thereof to Seller and the Escrow Agent on or before the Closing Date ( as the same may be extended). If Buyer fails to deliver a written notice of disapproval to Seller and the Escrow Agent within such time period, Buyer shall be deemed to have approved of all of the Seller' s Property Documents delivered to Buyer and Buyer's inspections and investigations of the Property, and this transaction shall proceed. If Buyer delivers a written notice of disapproval to Seller within such time period, then this Agreement shall terminate, the Deposit and all accrued interest thereon shall be returned to Buyer, and neither party shall have any further liability or obligation under this Agreement except as otherwise provided herein.
10. 3. Buyer agrees to indemnify, defend, protect and hold Seller, Seller' s tenant, and the Property harmless from and against all liability, loss, damage, expense or claims, including reasonable attorneys' fees, to the extent caused by the negligent acts or willful misconduct of Buyer, its agents, employees, lenders, independent contractors or assigns in connection with any entry onto the Property pursuant to the license granted under this Section
10. Buyer' s obligations under this subsection 10. 3 shall survive the Close of Escrow or any earlier cancellation or termination of this Agreement.
11. Seller' s Representations and Warranties. Seller hereby represents and warrants to Buyer that the following are true and correct as of the date hereof and, except as otherwise required or permitted elsewhere herein, shall be true and correct as of the Close of Escrow:
11. 1. Seller has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby, and all requisite action ( municipal or otherwise) has been taken by Seller in connection with the entering into of this Agreement, the instruments referenced herein, and the consummation of the transactions contemplated hereby. No consent of any council, board, management or other committee, beneficiary, creditor, judicial or administrative body, authority or other party is 8 Packet Pg. 742 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) required ( except to the extent a quitclaim deed or other document sufficient to terminate and remove Exception No. 27 of the Preliminary Report is required from the Natural Resources Agency). Seller' s execution and delivery of this Agreement, and the performance of its obligations hereunder, will not ( a) conflict with or violate any statute, law, municipal code, rule, regulation, or policy applicable to Seller or the Property, or ( b) violate or result in the breach or the termination of, or otherwise give any contracting party the right to terminate or declare a default under the terms of, any written agreement relating to the Property to which Seller is a party or by which the Property may be bound. This Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles affecting or limiting the rights of contracting parties generally.
11. 2. ' To the best of Seller' s knowledge and belief, Seller has and will convey to Buyer at the Closing good and marketable fee title to the Property and Appurtenant Rights and Interests, free and clear of all liens, claims, encumbrances, covenants, conditions, restrictions, reservations, easements, encroachments, rights or rights- of-way of any nature whatsoever, whether recorded or unrecorded, except for real property taxes not yet delinquent, the Ground Lease, and the Other Encumbrances disclosed in the Preliminary Report.
11. 3. To the best of Seller' s knowledge and belief, there are no recorded or unrecorded contracts or agreements relating to the ownership; occupancy, use, operation, maintenance or performance of services on or with respect to the Property or any Appurtenant Rights or Interests, except for the Ground Lease, and the Other Encumbrances disclosed in the Preliminary Report.
11. 4. No person or entity has any right to possess and/ or occupy all or any part of the Property, except for Turtle Bay and its sublessees, if any, pursuant to the Ground Lease.
11. 5. Except for the right of first refusal provided for in the Ground Lease, there are no Purchase Options applicable to the Property.
11. 6. Except as disclosed by Exception No. 27 of the Preliminary Report, there are no Restraints on Alienation applicable to the Property.
11. 7. To the best of Seller' s knowledge and belief, Seller' s Property Documents are and shall be true, correct, and complete in all material respects.
11. 8. To the best of Seller' s knowledge and belief: ( a) there has been no storage, treatment, use, disposal or release on or under the Property of any Hazardous Substances by Seller or any tenant or previous owner or tenant of the Property; ( b) there are no Hazardous Substances present in the soil and/ or groundwater on or under the Property; ( c) there are no pending or threatened lawsuits, governmental investigations or other proceedings relating in any way to the presence, storage, treatment, disposal or release' of any Hazardous Substances on or under the Property or any adjoining real property; and ( d) there have been no communications or agreements with any federal, state or local governmental agency or any private person or entity 9 Packet Pg. 743 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) including, without limitation, any prior owner of the Property or any adjoining real property and any present or former occupant of the Property or any adjoining real property) relating in any way to the presence, storage, treatment, disposal or release of any Hazardous Substances on or under the Property or any adjoining real property. For purposes of this Agreement, ( a) the term Hazardous Substances" means any material, substance or waste designated as hazardous, toxic, radioactive, injurious or potentially injurious to human health or the environment, or as a pollutant or contaminant, or words of similar import, under any Environmental Law, including, but not limited to, petroleum and petroleum products, asbestos, mold, lead, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive matter, medical waste, and chemicals which may cause cancer or reproductive toxicity, and ( b) the term "Environmental Laws" means any federal, state or local law, statute, regulation or ordinance now or hereafter in force pertaining to materials, substances or wastes which are injurious or potentially injurious to human health or the environment or the release, disposal or transportation of which is otherwise regulated by any agency of the federal, state or any local government with jurisdiction over the Property or any such material, substance or waste removed therefrom, or in any way pertaining to pollution or contamination of the air, soil, surface water or groundwater.
11. 9. To the best of Seller's knowledge and belief, Seller and the Property are in full and complete compliance with. all federal, state and local laws, ordinances, rules and regulations applicable to the Property, including, without limitation, the California Subdivision Map Act( Cal. Govt. Code §§( 6410, et seq.) and all Environmental Laws.
11. 10 There are no actions, suits, proceedings or investigations pending or, to the best of Seller' s knowledge and belief, threatened against or affecting the Property and/or Appurtenant Rights or Interests in any court or before or by any governmental department, board, agency, or instrumentality, or any arbitrator.
11. 11. To the best of Seller' s knowledge and belief, there are no prohibitions of or impediments to the transfer or assignment of the Property, the Appurtenant Rights and Interests, or the Additional Appurtenant Easements, or any portion thereof, and the Property; Appurtenant Rights and Interests, and Additional Appurtenant Easements are otherwise fully transferable and assignable.
11. 12. Seller has complied, or shall comply prior to the Closing, with all statutes, laws, ordinances, rules, and regulations applicable to Seller and/ or the sale of the Property by Seller to Buyer hereunder, and has satisfied, or shall satisfy prior to the Closing, all conditions precedent to such sale of the Property required by law.
The foregoing representations and warranties of Seller shall survive the Close of Escrow and the recording of the Grant Deed in the Official Records. 10 Packet Pg. 744 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding)
12. Additional Easements.
12. 1. At the Closing, Seller shall reserve the perpetual, non- exclusive easements described and shown as Easements " A" " B" " C" " D" " E" " F" and " G" on Sheets 1 8 9 and 10 of the Parcel Map (the `.`Reserved Easements").
12. 2. At the Closing, Seller shall grant to Buyer, and shall, at Seller' s expense, cause the JPA to grant to Buyer, certain perpetual, non- exclusive easements in, on, across and under real property that adjoins the Property. Such easements will be appurtenant to the Property and are shown and further described in the figure entitled "Appurtenant Easements to be Granted at the Time of Transfer of Ownership" attached hereto as Exhibit " A" ( collectively, the Additional Appurtenant Easements"). The parties acknowledge that one of the Additional Appurtenant Easements will burden property that is owned by the JPA and leased to Seller. At the Closing, Seller shall subordinate its rights under the lease between Seller and the JPA to such Additional Appurtenant Easement. The parties acknowledge that all of the Additional Appurtenant Easements will burden property that is leased to Turtle Bay pursuant to the Ground Lease. The parties agree to use their best efforts to cause Turtle Bay to subordinate its rights under the Ground Lease to the Additional Appurtenant Easements at the Closing. The terms and conditions of the documents and instruments creating such Additional Appurtenant Easements and any required subordinations by the Seller and/ or Turtle Bay ( collectively, the " Additional Appurtenant Easement Documents") shall be subject to approval ' of the parties in their reasonable discretion.
12. 3. Buyer and Seller confirm and agree that the fair market value of Seller' s leased fee interest in the Property and the Appurtenant Rights and Interests, and the Buyer' s Payment, have been determined taking into account the Reserved Easements and the Additional Appurtenant Easements provided for herein, and that neither party shall be obligated to pay any additional consideration to the other in connection therewith.
13. Additional Covenants of Seller Pending the Closing. Prior to the Close of Escrow, Seller will not, without the prior written consent of Buyer: ( a) enter into any leases, licenses, or other obligations or agreements affecting or involving the Property; ( b) convey any interest in the Property and/ or subject the Property to any additional liens, encumbrances, covenants, conditions, easements, rights of way or similar matters; or( c) construct or modify any improvement on the Property.
14. Conditions to Buyer' s Obligations. The following are conditions to the Close of Escrow and the obligation of Buyer to purchase the Property:
14. 1. Buyer shall have approved or be deemed to have approved of all Other Encumbrances ( except for those Seller has agreed to remove) pursuant to Section 8, above;
14. 2. On or before the Closing, Buyer shall have approved or be deemed to have approved of Seller' s Property Documents and Buyer' s inspections and investigations of the Property pursuant to Section 10, above;
11 Packet Pg. 745 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding)
14. 3. Buyer and Seller. shall have mutually agreed to the terms and conditions of the documents and instruments necessary to create the Reserved Easements and the Additional Appurtenant Easement Documents pursuant to Section 12, above, and all such documents and instruments shall have been duly recorded in the Official Records on or before the Close of Escrow;
14. 4. Seller and Turtle Bay shall have executed, acknowledged, and delivered such documents and instruments as may be necessary to subordinate their leasehold rights to the Additional Appurtenant Easements as provided for and referred to in Section 12, above, and all such documents and instruments shall have been duly recorded in the Official Records on or before the Close of Escrow;
14. 5. The Title Company shall have issued the Title Policy to the Buyer as of the Close of Escrow;
14. 6. There shall have been no material adverse change in the condition of or title to the Property prior to the Close ofEscrow; and
14. 7. On or before the Closing, Seller shall have performed all of its obligations under this Agreement required to be performed on or before the Close of Escrow, and, except as otherwise provided herein, the Seller' s representations and warranties hereunder shall be true at and as of the Close of Escrow as if made as of such time.
Except as provided in Section 15, below, the foregoing conditions are created for the benefit of the Buyer only. Such conditions may be waived by the Buyer in writing to Seller and the Escrow Agent.
15. Conditions to Seller' s Obligations. The following are conditions to the Close of Escrow and the obligation of Seller to sell the Property:
15. 1. Buyer and Seller shall have mutually agreed to the terms and conditions of the documents and instruments necessary to create the Reserved Easements and the Additional Appurtenant Easement Documents pursuant to Section 12, above, and all such documents and instruments shall have been duly recorded in the Official Records on or before the Close of Escrow; and
15. 2. On or before the Closing, Buyer shall have performed all of its obligations under this Agreement required to be performed on or before the Close of Escrow.
Except as provided in Section 14, above, the foregoing conditions are created for the benefit of the Seller only. Such conditions may be waived by the Seller in writing to Buyer and the Escrow Agent.
16. Failure of Conditions. If any condition specified in Section 14 or 15, above, is not satisfied or waived within the applicable time limit provided, then Buyer, if Buyer is not then in default of any of its obligations under this Agreement, or Seller, if Seller is not then in default of 12 Packet Pg. 746 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) any of its obligations under this Agreement, may thereafter terminate the Escrow and this Agreement by giving written notice to the Escrow Agent and the other party. Upon any such termination, the Deposit and all accrued interest thereon shall be returned to Buyer, and neither party shall have any further liability or obligation hereunder except as otherwise provided herein.
Notwithstanding the foregoing, if any condition set forth in Section 14 or 15, above, has failed as a result of a breach or default by Seller or Buyer, the other party shall have the rights and remedies set forth in Section 19 or 20, below, as the case may be.
17. Property Taxes. The parties acknowledge that Turtle Bay is responsible for all real property taxes relating to the Property pursuant to the Ground Lease. Accordingly, there will be no pro- ration of real property taxes or assessments at the Close of Escrow.
18. Closing Costs. Buyer shall pay one hundred percent ( 100%)_ of the following costs incurred in connection with this transaction: ( a) the cost of recording the Grant Deed and the Additional Appurtenant Easement Documents; ( b) the documentary transfer tax, if any, imposed in connection with the recording of the Grant Deed and/ or Additional Appurtenant Easement Documents; ( c) the escrow fees charged by the Escrow Agent for its services in connection with the Escrow; and ( d) the premiums for the Title Policy. Seller shall pay one hundred percent ( 100%) of the cost of recording any documents or instruments necessary to eliminate any Monetary Encumbrances, Purchase Options, and/ or Restrictions on Alienation.
The costs payable by Seller pursuant to this Section 18 shall be charged against the Buyer' s Payment payable to Seller at the Close of Escrow.
19. LIQUIDATED DAMAGES ON BUYER' S DEFAULT. BUYER AND
SELLER HEREBY ACKNOWLEDGE AND AGREE THAT, IF BUYER FAILS TO
COMPLETE THE PURCHASE OF THE PROPERTY AS A RESULT OF A DEFAULT BY BUYER (" BUYER DEFAULT"), SELLER WILL SUFFER DAMAGES IN AN
AMOUNT WHICH WILL, DUE TO THE SPECIAL NATURE OF THE TRANSACTION
CONTEMPLATED BY THIS AGREEMENT AND THE SPECIAL NATURE OF THE
NEGOTIATIONS WHICH PRECEDED THIS AGREEMENT, BE IMPRACTICAL OR EXTREMELY DIFFICULT TO ASCERTAIN. IN ADDITION, BUYER WISHES TO
HAVE A LIMITATION PLACED UPON THE POTENTIAL LIABILITY OF BUYER
TO SELLER IN THE EVENT OF A BUYER DEFAULT, AND WISHES TO INDUCE
SELLER TO WAIVE OTHER REMEDIES WHICH SELLER MAY HAVE IN THE EVENT OF SUCH A BUYER DEFAULT. BUYER AND SELLER, AFTER DUE
NEGOTIATION AND GIVING DUE CONSIDERATION TO THE ACTUAL DAMAGES
SELLER COULD SUFFER IN THE EVENT OF A BUYER DEFAULT, HEREBY
ACKNOWLEDGE AND AGREE THAT THE AMOUNT OF SEVENTY- FIVE
THOUSAND AND 00/ 100 DOLLARS ($ 75, 000. 00) REPRESENTS A REASONABLE
ESTIMATE OF THE DAMAGES SELLER WILL SUSTAIN IN THE EVENT OF A BUYER DEFAULT.
BUYER AND SELLER HEREBY AGREE THAT IF BUYER FAILS TO
PURCHASE THE PROPERTY AS A RESULT OF A BUYER DEFAULT, SELLER
SHALL BE ENTITLED TO TERMINATE THE AGREEMENT UPON WRITTEN
NOTICE TO BUYER AND THE ESCROW AGENT, AND TO RECEIVE FROM THE 13 Packet Pg. 747 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) BUYER THE SUM OF SEVENTY- FIVE THOUSAND AND 00/ 100 DOLLARS 75, 000. 00) AS LIQUIDATED DAMAGES. SUCH PAYMENT OF SEVENTY- FIVE THOUSAND AND 00/ 100 DOLLARS ($ 75, 000. 00) BY BUYER TO SELLER IS
INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE, AND
SHALL NOT BE DEEMED TO CONSTITUTE A FORFEITURE OR PENALTY WITHIN THE MEANING OF SECTION 3275 OR SECTION 3369 OF THE CALIFORNIA CIVIL CODE, OR ANY SIMILAR PROVISIONS. THE LIQUIDATED
DAMAGES PROVIDED FOR HEREUNDER SHALL BE SELLER' S SOLE AND
EXCLUSIVE REMEDY ( WHETHER AT LAW OR IN EQUITY) IN THE EVENT
BUYER FAILS TO PURCHASE THE PROPERTY AS A RESULT OF A BUYER
DEFAULT, ALL OTHER CLAIMS TO DAMAGES OR OTHER REMEDIES BEING HEREIN EXPRESSLY WAIVED BY SELLER. FOLLOWING TERMINATION OF
THIS AGREEMENT, CANCELLATION OF THE ESCROW AND PAYMENT BY BUYER TO SELLER OF THE SUM OF SEVENTY- FIVE THOUSAND AND 00/ 100 DOLLARS ($ 75, 000. 000) AS LIQUIDATED DAMAGES PURSUANT TO THIS
SECTION, ALL OF THE RIGHTS AND OBLIGATIONS OF BUYER AND SELLER UNDER THIS AGREEMENT SHALL BE TERMINATED.
BUYER AND SELLER ACKNOWLEDGE THAT THEY HAVE READ AND
UNDERSTAND THE PROVISIONS OF THIS SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW, AGREE TO BE BOUND BY ITS TERMS.
Seller": Buyer":
20. Default by Seller. In the event of a breach or default by Seller of any of its representations, warranties, covenants or agreements herein, Buyer shall have, at its option, all rights and remedies available to Buyer at law or in equity, including, but not limited to: ( a) the right to pursue specific performance of this Agreement; and/ or the ( b) the right to recover damages from Seller.
21. Indemnification buyer. If, but only if, the Closing and the sale ofthe Property to Buyer is consummated pursuant to this Agreement, and except as provided in this Section 21, below, Buyer shall indemnify, defend, protect and hold Seller harmless from and against any and all liability, damages, claims, suits, actions, proceedings, loss, cost or expense ( including but not limited to, attorney' s fees and court costs) arising out of the purchase and sale transaction provided for herein and/ or the failure of Turtle Bay or its general contractor to pay prevailing wages if required by law in connection with the construction of the proposed hotel project on Parcel 3 ( should that occur). It is understood and agreed that Buyer' s indemnity, defense and other obligations under this Section 21 shall not apply to any liability, damages, claims, suits, actions, proceedings, loss, cost or expense ( including but not limited to, attorney' s fees or court costs) arising out of or relating to any inaccuracy in or breach by Seller of any of its 14 Packet Pg. 748 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) representations, warranties, covenants or agreements in this Agreement or in any document or instrument executed and delivered pursuant thereto. Buyer' s indemnity, defense, and other obligations under this Section 21 shall survive the Close of Escrow.
22. Possession.. Possession ofthe Property shall be delivered to Buyer at the Closing, subject to Turtle Bay' s rights and occupancy under the Ground Lease, unless otherwise agreed upon in writing between Buyer and Seller.
23. No Broker' s Fees. Seller and Buyer represent and warrant to each other that they have dealt with no broker or finder in connection with any transaction contemplated by this Agreement. Seller and Buyer each agree to indemnify, defend, and hold harmless one another against any loss, liability, damage, cost, claim, or expense incurred by reason of any brokerage, commission, or finder' s fee alleged to be payable because of any act, omission, or statement of the indemnifying party. The parties' obligations hereunder shall survive the Close of Escrow and recording of the Grant Deed in the Official Records, or any earlier cancellation or termination of this Agreement.
24. No Party Deemed Drafter. In the event of a dispute between any of the parties hereto over the meaning of this Agreement, no party shall be deemed to have been the drafter hereof, and the principle of law that contracts are construed against the drafter shall not apply.
25. Further Assurances. Seller and Buyer agree that, from time to time; at or after the Close of Escrow, each of them will execute and deliver such further documents and instruments of conveyance and transfer, and take such other action as may be reasonably necessary to carry out the purpose and intent of this Agreement.
26. Notices. Any notice, request, waiver, consent, approval or other communication which is required or permitted hereunder shall be in writing and shall be deemed given only if delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, as follows: ( a) ifto Seller, to City of Redding, Attn: Kurt Starman, City Manager, 777 Cypress Avenue, Redding, CA 96001, with a required copy to Richard A. Duvemay, City Attorney, City of Redding, 777 Cypress Avenue, Redding, CA 96001; ( b) if to Buyer, to The McConnell Foundation, Attn: John A. Mancasola, Executive Vice President, 800 Shasta View Drive, Redding, CA 96003, with a required copy to Michael P. Ashby, Carr, Kennedy, Peterson Frost, 420 Redcliff Drive, Redding, CA 96002; or ( c) to such other address as the addressee may have specified in a notice duly given to the sender as provided herein. Such notice, request, demand, waiver, consent, approval or other communication will be deemed to have been given as of the date so personally delivered, or two ( 2) days after it is deposited in the mail.
27. Assignment. Buyer may assign its rights and interest under this Agreement without the prior written consent of Seller. However, Buyer shall not be relieved of any of its obligations under this Agreement as a result of any such assignment.
28. Attorney' s Fees. In the event of any legal action, arbitration or other proceeding arising out of this Agreement, the prevailing party shall be entitled to its reasonable attorney' s fees and costs in addition to any other relief to which it may be entitled. 15 Packet Pg. 749 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding)
29. Risk of Loss. The parties agree that the Uniform Vendor and Purchaser Risk Act, set forth in California Civil Code Section 1662, and its provisions governing the allocation of risk of loss, shall govern the transaction provided for herein.
30. Entire Agreement. This Agreement, and all documents and instruments referred to herein, contain the entire agreement of the parties hereto with respect to the matters covered hereby and supersede all prior arrangements and understandings between the parties, and no other agreement, statement or promise made by either party hereto with respect to such matters which is not contained herein shall be binding or valid. No amendment, alteration or modification ofthis Agreement shall be valid unless in each instance such amendment, alteration or modification is expressed in a written instrument duly executed by the parties.
31. Successors and Assigns. The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal and legal representatives, beneficiaries, heirs, successors in interest and assigns.
32. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
33. Waivers. No waiver of any breach of any covenant or provision herein contained shall be valid unless in writing or shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act except those of the waiving party, which shall be extended by a period oftime equal to the period of the delay.
34. Relationship of Parties. This Agreement is a purchase and sale agreement only.
The parties hereto, each of whom is represented by separate legal counsel, do not intend by this Agreement to create any partnership, joint venture, or principal and agent relationship ( and nothing herein shall be construed to create any such relationship).
35. Third-Parly Rights. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties and their respective successors and assigns, any rights or remedies under or by reason of this Agreement.
36. No Obligation to Cause Construction of Hotel. It is understood and agreed that Buyer has and shall have no obligation to provide Turtle Bay with construction or other financing, or to otherwise cause Turtle Bay to construct all or any part of the proposed Sheraton Hotel project on Parcel 3, or any other improvements on any portion of the Property, following the Close of Escrow, or, if constructed, to cause Turtle Bay to continue operating such Hotel or other improvements. Neither Seller's obligation to sell the Property to Buyer, nor Buyer' s 16 Packet Pg. 750 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) obligation to purchase the Property from Seller, is contingent upon the construction or operation of any such hotel or other improvements upon the Property.
37. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the transmission of a signed copy of this Agreement via facsimile or e- mail shall constitute execution and delivery hereof, and the parties agree to deliver original ink signed counterparts via overnight courier as soon as reasonably possible thereafter
38. Incorporation by Reference. All recitals, exhibits and schedules to this Agreement are incorporated herein by this reference.
39. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
40. Time. Time is of the essence with respect to each and every term and condition of this Agreement.
41. Days and Holidays. All references in this Agreement to the word " days," whether for notices, schedules, performance, or other miscellaneous time limits, shall at all times mean calendar days, unless specifically referenced as " business" days. Business days are Monday through Friday, except legal holidays and official City of Redding furlough days. In the event any date for performance of any obligation or the giving of any notice pursuant to this Agreement occurs on a California state or federal holiday or on a Saturday, Sunday, or official City of Redding furlough day, then the next business day shall be deemed the applicable date for performance or notice.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Real Estate Purchase and Sale Agreement effective as of the date and year it is signed by the City of Redding as indicated below.
SELLER":
CITY OF REDDING,
a municipal corporation
By:
Rick Bosetti, Mayor
Dated: 12014
APPROVED AS TO FORM:
Richard A. Duvemay, City Attorney
17 Packet Pg. 751 Attachment: Reso 2014-025 (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Redding) n
ATTEST:
Pamela Mize, City Clerk
BUYER":
THEM ONNELL FOUNDATION
a Californ*
a nonp
f orpo atio
By:
Lee W. Salter, President
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CI TY OF REDDMG
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e 777 CYPRESS AVENUE, REDDING, CA 96001
P. O. Box 496071. REDDING CA 96049- 6071
PAMELA MIZE, CITY CLERK
SHARLENE TIPTON, ASSISTANT CITY CLERK
530 225 4447
530 225 4463 FAX
December 21, 2021
Advance Redding, Inc.
Attn: Julie Dyar
700 Auditorium Drive
Redding, CA 96001
RE: Amended and Restated Civic Auditorium Lease Agreement, C- 5682 Dear Julie Dyar,
Enclosed please find the fully executed original of the above referenced Amended and Restated Civic Auditorium Lease Amendment by and between the City of Redding and Advance Redding, Inc. regarding the long term lease for the civic auditorium.
If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at ( 530) 225- 4044.
Sincerely,
Amber DalPoggetto
Executive Assistant
Enclosure
cc: Barry Tippin
Barry DeWalt
Angie Ryan
Kim Niemer
Ellen Grannis
Casey S. Hale
Packet Pg. 754 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the
AMENDED AND RESTATED
CIVIC AUDITORIUM LEASE AGREEMENT
THIS AMENDED AND RESTATED CIVIC AUDITORIUM LEASE (" Agreement") fully amends, supersedes, and restates in its entirety the following as of January 1, 2022:
THE CONVENTION CENTER LEASE ( C- 5682) dated October 5, 2011 Original Lease", herein), by and between the CITY OF REDDING, a Municipal Corporation (" Landlord"), and ADVANCE REDDING, INC., (" Advance Redding", and/ or" Tenant"),
As amended by the First Amendment to Convention Center Lease dated August 21, 2012,
As amended by the Second Amendment to Convention Center Lease dated September 17, 2015,
As amended by the Third Amendment to Convention Center Lease dated May 4, 2017, and
As amended by the Fourth Amendment to Convention Center Lease dated September 9, 2021.
WHEREAS, the Redding Civic Auditorium (" Civic Auditorium"), formerly known as the Redding Convention Center, has historically served as an entertainment and meeting venue hosting various commercial and community events.
WHEREAS, Tenant desires to lease from the City of Redding certain real property located at 700 Auditorium Dr., Redding, CA 96001 (" Premises"), upon which Tenant may at Tenant' s sole discretion and for Tenant' s account, operate and maintain the Premises as a venue for hosting artistic, cultural, community, educational, performing arts, and similar events; conventions and trade shows; and regular ongoing use for educational or community purposes in accordance with Tenant' s requirements and on the conditions set forth herein (" Tenant' s Use).
WHEREAS, the City of Redding (" City") desires to lease the Premises to Tenant upon the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration hereby acknowledged, City and Tenant enter into this Lease Agreement (" Agreement") effective as of the date this Agreement is signed by both City and Tenant as follows:
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Packet Pg. 755 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the SECTION 1. DEFINITIONS.
A. Commencement Date. The Commencement Date is January 1, 2022.
B. Property.
1. The " Property" in all of the real property of the Civic Auditorium comprising approximately 9. 76 acres, situated in the City of Redding, County of Shasta, State of California, legally described on Exhibit A and depicted on Exhibit B, attached and incorporated herein, inclusive of all Improvements now or hereafter located thereon.
2. Tenant shall schedule use for the front lawns at the Redding Civic Auditorium depicted in Exhibit C. City shall provide maintenance services for this area consistent with this Lease Agreement. The lawn areas shall continue to be open to public use when not specifically reserved.
C. Event Day. An event day is a calendar day in which the Premises is leased or used for a Special Event, a City Free Use Day, a community event not associated with Bethel Church of Redding ( the " Church"), or the City occupies the Premises in the event of a natural disaster.
D. Improvements. The Improvements are listed and described in Sections 6. A. and
6. B., and all other improvements and facilities on the site including, but not limited to, appurtenant fixtures, machinery and equipment necessary for the operation of the Premises.
E. Lease Year. " Lease Year" means January 1 through December 31.
F. Month. " Month" means a calendar month.
G. Premises. The " Premises" are the Property, the Improvements and Tenant' s right to use the appurtenances located thereon.
H. Rent. " Rent" means rent as set forth under Section 3. B.
I. Term. " Term" means the term of this Agreement as set forth under Section 3. A.
SECTION 2. LEASE AND ACCOMMODATION OF SPECIAL EVENTS.
A. Lease of Premises. For and in consideration of Tenant' s covenant to pay Rent and its performance of other obligations in accord with the terms and conditions set forth herein, City leases the Premises to Tenant for the Term set forth in Section 3 and Tenant accepts lease of the same. Tenant hereby covenants that the Premises shall be marketed, and in all respects referred to, as the Redding Civic Auditorium.
2 Packet Pg. 756 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the B. Obligation to Sublet or Authorize Use of Premises. As consideration for the grant of the right to occupy the Premises under the terms and conditions set forth herein, Tenant shall sublet or otherwise authorize use of the Premises for a minimum of sixty ( 60) Event Days during each Lease Year. To the extent that the City wishes to use the Premises during an Event Day, Tenant and City agree to use their best efforts to coordinate that use so that it does not interfere with Tenant' s use of the Premises or Tenant' s performing its obligations hereunder, including but not limited to Sections 2. B. and 2. C.
C. Special Events. The obligation set forth in Section 2.B. shall include Tenant' s obligation to sublet or otherwise authorize use of the Premises for the following Special Events:
1. Kool April Nites.
2. Redding Rodeo Days ( Parking Lot Only).
3. 3 on 3 Basketball Tournament ( June Event— Parking Lot Only).
4. Turtle Bay Auction.
5. California Deer Dinner.
6. Memorial Day Ceremony ( Outside Only).
7. Redding State of the City Luncheon.
8. July
4th
Freedom Festival.
9. One other two- day weekend as requested by the Redding Rodeo Association, provided that the event, is booked at least six months prior to the use dates, and provided further that such weekend date is not already under contract at the facility.
D. Scheduling. Tenant hereby acknowledges that the scheduling of the Special Events listed under Section 2. C. is not subject to specific dates and times and that scheduling will vary from Lease Year to Lease Year. Tenant hereby agrees to give priority scheduling to the Special Events.
E. Remedies. In the event of Tenant' s breach of Section 2. B or 2. C, City may, in its sole discretion, exercise the remedies set forth in Section 14 with regard to default or, in the alternative, City may require payment by Tenant of the sum of Two Thousand ($ 2, 000) Dollars, as liquidated damages and not as a penalty, for each Event Day not accomplished during the Lease Year. In establishing the liquidated damages set forth herein, the Parties agree and hereby confirm that it is impracticable to fix actual damages for breach of Sections 2. B. and 2. C. Tenant shall pay the same within thirty ( 30) calendar days upon receipt of written 3 Packet Pg. 757 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the demand from City. Notwithstanding the preceding, Tenant shall not be deemed to be in violation of Section 2. B or 2. 0 if it sublets or otherwise authorizes use of the Premises for a minimum of sixty ( 60) event days per calendar year calculated using a three ( 3) year rolling average that includes the current calendar year and the two ( 2) calendar years immediately preceding the current calendar year.
F. Use of Premises— Natural Disaster. In the event of a natural disaster, City may occupy the Premises if, in the City' s sole discretion, such occupation is reasonably required for the health, safety, and welfare of the residents of Redding provided it does not interfere with Tenant' s use of the Premises or Tenant' s performing its obligations hereunder, including but not limited to Sections 2. B. and 2. C. Such occupation may last only until such time as the natural disaster has concluded and reasonable time has elapsed to allow for evacuation of the Premises and relocation of the occupants located on the Premises due to such natural disaster. To the extent that Tenant incurs costs or expenses ( including but not limited to utilities and set up and tear down) directly related the City' s occupation of the Premises in the event of a natural disaster, City shall reimburse Tenant for those costs and expenses.
G. City Free Use Days. Upon ten ( 10) calendar days' notice to Tenant, City shall be permitted to use the Premises for municipal purposes, without the obligation to pay rent, in whole or in part, provided that use does not interfere with Tenant' s use of the Premises or Tenant' s performing its obligations hereunder, including but not limited to Sections 2. B. and 2. C. Tenant shall make a good faith effort to accommodate such City use. To the extent that Tenant incurs costs or expenses directly related to City' s use of the Premises for a City Free Use Day ( including but not limited to utilities and set up and tear down), City will reimburse Tenant for those costs and expenses. Upon thirty ( 30) calendar day' s notice to City, Tenant may cancel a City Free Use Day if Tenant lets the Premises after the City has scheduled a City Free Use Day and Tenant can no longer accommodate City' s use of the Premises during the City Free Use Day.
H. Fire Department Training. Tenant shall permit the parking lot of the Civic Auditorium to be used without cost to City for training by City departments provided that use does not interfere with Tenant' s use of the Premises or Tenant' s performing its obligations hereunder, including but not limited to Sections 2. B. and 2. C.
SECTION 3. TERM AND RENT.
A. Term. The term of this Agreement shall commence on January 1, 2022. The Term shall end on December 31, 2031, unless terminated earlier pursuant to Section 14. No provision is made herein for automatic renewal. 4 Packet Pg. 758 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the B. Rent. Tenant covenants and agrees to pay Rent as follows:
January 1, 2022 — December 31, 2022 - Ten Thousand Dollars ($ 10, 000)/ month.
January 1, 2023 - December 31, 2023 The monthly rate of $23, 356 will be adjusted upward or downward by the percentage of increase or decrease in the U. S. Bureau of Labor Statistics West Coast Mid- Size Cities B/ C June- July CPI with said adjustment to be made effective on January 1, 2023.
January 1, 2024 - December 31, 2024 — The monthly rent as of January 1, 2023 will be adjusted upward or downward by the percentage of increase or decrease in the U. S. Bureau of Labor Statistics West Coast Mid- Size Cities B/ C June- July CPI with said adjustment to be made effective on January 1, 2024.
January 1, 2025— December 31, 2031 - Ten Thousand Dollars ($ 10, 000)/ month.
Adjusted Rent. Notwithstanding the foregoing, Tenant shall notice Landlord upon receipt of written notice by Church of intent to terminate sublease agreement. Tenant shall pay the adjusted rate of Five Thousand Dollars 5, 000)/ month commencing up to twelve months after receipt of notice for the duration of the term. Should the Church continue to sublet the Premises beyond notice, Tenant shall pay the full value of the rent for months outside the twelvemonth period.
C. Rent Payments. Tenant shall pay Rent hereunder in equal monthly installments, in advance, on or before the tenth ( 10th) day of each Month. Rent in lawful money of the United States of America. Unless otherwise provided in this Agreement, all payments of Rent shall be made by Tenant to City without notice or demand.
SECTION 4. WARRANTIES AND COVENANTS.
A. City' s Warranties. City represents, warrants and covenants that as of the Commencement Date:
1. Power and Authority. City is a public body corporate and politic, duly formed, validly existing and in good standing under the Laws of the State of California. City has the authority and power to enter into this Agreement and to consummate the transaction provided for herein. This Agreement and all other documents executed and delivered by City have been duly authorized, executed and delivered by City and constitute legal, valid, binding and enforceable obligations of City. City has no defenses or offsets whatsoever to the enforceability or validity of this Agreement. The person executing this Agreement on behalf of City has been duly authorized to do so.
5 Packet Pg. 759 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the
2. No Violations and Actions. The execution, delivery and performance by City of its obligations under this Agreement will not conflict with or result in a breach of any Law ( as defined in Section 4. C. 3.), judgment, decree or order by which City or the Premises, or any part thereof, is bound, or the provisions of any contract or other agreement to which City is a party or by which City or the Premises, or any part thereof, is bound and, if City is not an individual, City' s articles of organization, declaration of trust, certificate of incorporation, bylaws, partnership agreement, operating agreement or other organizational documents, as the case may be. The foregoing specifically applies, without limitation, to the City' s tax- exempt bonds described in Section 5. C. hereof. There is no action, suit, proceeding ( including, without limitation, any condemnation proceeding) or investigation pending, or to City' s knowledge threatened, before any agency, court or other governmental authority which relates to the Premises, or any part thereof, or the use thereof.
3. Condemnation; Moratorium. There are no condemnation or eminent domain proceedings pending, or to City' s knowledge threatened or contemplated, against the Premises, or any part thereof. City has not received any notice, oral or written, of the desire of any public authority or other entity to take or use the Premises, or any part thereof. No moratorium or other Law, judgment, ruling or decree of any court or governmental agency has been enacted, adopted, issued, entered, or is pending or in effect, that could materially and adversely affect the Premises or Tenant' s ability to develop and operate Tenant' s Use on the Property.
4. Insolvency Matters. No insolvency Event of Default has occurred.
5. Misrepresentation and Adverse Facts. City has not failed to disclose any fact that is material to the transaction contemplated in this Agreement that is either known by City or not reasonably ascertainable by Tenant.
B. Tenant' s Warranties. Tenant represents and warrants that as of the Commencement Date:
1. Power and Authority. Tenant is a nonprofit Public Benefit corporation in good standing, duly formed and validly existing under the Laws of the State of California. Tenant is qualified to do business in the State of California.
Tenant has the authority and power to enter into this Agreement and to consummate the transaction provided for herein. This Agreement and all other documents executed and delivered by Tenant constitute legal, valid, binding and enforceable obligations of Tenant. There are no claims or defenses, personal or otherwise, or offsets whatsoever to the enforceability or validity of this Agreement. The person executing this Agreement on behalf of Tenant has been duly authorized to do so.
6 Packet Pg. 760 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the
2. No Violations or Actions. The execution, delivery and performance by Tenant of its obligations under this Agreement will not conflict with or result in a breach of any Law, judgment, decree or order by which Tenant is bound, or any contract or other agreement to which Tenant is a party or by which Tenant is bound, or Tenant' s certificate of incorporation or bylaws.
3. Misrepresentation and Adverse Facts. Tenant has not failed to disclose any fact that is material to the transaction contemplated in this Agreement that is either known by Tenant or not reasonably ascertainable by City.
C. City' s Covenants. From and after the Commencement Date, City covenants to perform in accordance with the following obligations:
1. Transfer by City; Liens and Encumbrances. Subject to the rights of the Tenant under this Agreement, City may sell, assign or convey any right, title or interest in or to the Premises, which act will not terminate this Agreement. Furthermore, if any transfer by City of an interest in the Premises results in an increase in real property taxes or assessments including, without limitation, due to a change in ownership under Article XIII of the California Constitution), City shall be responsible for and shall indemnify and hold Tenant harmless from such increase.
2. Representations and Warranties. City shall not take any action, or omit to take any action, which would have the effect of violating or rendering untrue any representation, warranty, covenant or agreement contained herein.
3. Governmental Orders; Compliance with Laws. City shall not violate any federal, state or local laws, rules, statutes, directives, binding written interpretations, binding written policies, ordinances and regulations or common law doctrines, as same have been amended, modified or supplemented from time to time (" Law") with respect to the Premises and shall at all times comply with all Laws applicable to the Premises. City promptly shall correct any violation of any Law of which City becomes aware which was not caused by Tenant or any subsidiary, parent or other entity that controls, is controlled by or is under common control with Tenant.
D. Tenant' s Covenants.
1. Transfer by Tenant. Tenant shall not, without the prior approval of City, convey any right, title or interest in or to the Premises. Further, Tenant shall not be entitled to encumber the leasehold or otherwise us its interest in the premises as security.
Packet Pg. 761 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the
2. Representations and Warranties. Tenant shall not take any action, or omit to take any action, which would have the effect of violating or rendering untrue any Tenant representation, warranty, covenant or agreement contained herein.
3. Governmental Orders; Compliance with Laws. Tenant shall not violate any federal, state or local laws, rules, statutes, directives, binding written interpretations, binding written policies, ordinances and regulations or common law doctrines, as same have been amended, modified or supplemented from time to time with respect to the Premises and shall at all times comply with all Laws applicable to the Premises. Tenant promptly shall correct any violation of any Law of which Tenant becomes aware which was not caused by Tenant or any subsidiary, parent or other entity that controls, is controlled by or is under common control with City.
SECTION 5. UTILITIES; TAXES; PERMITTED CONTESTS
A. Utilities. Beginning on the date the Term commences, Tenant shall pay or cause to be paid, and shall indemnify, defend and hold harmless City from all charges for public or private utility services supplied to the Premises including, but not limited to, all charges for heat, light, electricity, water, gas, telephone service, garbage collection, sewage, and drainage services. All accounts will be transferred to Tenant. Notwithstanding the foregoing, City will pay or cause to be paid the pro rata share of charges for public or private utility services supplied to the Premises that result from the City' s use of the Premises for uses including, but not limited to, City Free Use Days and City occupation of the Premises resulting from natural disaster.
B. Taxes.
1. Impositions. Beginning on the Commencement Date, Tenant shall pay prior to delinquency each and every one of the following arising during the Term ( collectively, the " Impositions"):
A. Except as otherwise expressly provided in this Agreement, all real property taxes or payments in lieu thereof, including but not limited to possessory interest taxes due under Revenue and Taxation Code section 107 et seq., due with respect to the Property and Improvements or any portion thereof( This provision shall not be construed to require Tenant to pay any amount to City' s general fund, which may represent an " in lieu" transfer);
B. All taxes imposed on or with respect to Tenant' s personal property, inventory and intangibles;
8 Packet Pg. 762 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the C. All assessments for public improvements or benefits which are assessed or payable during the Term with respect to the Property; and
D. All other charges, excises, levies, license fees, permit fees, inspection fees and other authorization fees and other charges including interest and penalties thereon), which at any time during the Term may be assessed, levied, confirmed or imposed on or in respect of or right or interest in the Premises, or any occupancy, use or possession of or activity conducted thereon or any part thereof, expressly excluding, however, any such items arising directly or indirectly out of any act or omission of City.
2. Installments. If by Law any Imposition may at the option of the taxpayer be paid in installments, Tenant, if obligated to pay such Impositions by the terms of this Agreement, may exercise such option, and shall pay all such installments ( and interest, if any) becoming due during the Term following the Commencement Date. At the end of the Term, Tenant shall deposit with City an amount sufficient to pay Tenant' s pro rata share of all Impositions for the Lease Year in which this Agreement expires or sooner terminates. All Impositions payable by Tenant shall be prorated as of the Commencement Date and the expiration or sooner termination of the Term.
3. Tax Statements. Ifthe tax statement in respect of any Impositions covers only the Premises, City and Tenant shall use commercially reasonable efforts to have the tax statement sent directly to Tenant. If the tax statement is sent directly to Tenant, then Tenant will furnish a copy of such statement to City promptly following City' s written request therefore.
In the event such tax statement is not sent directly to Tenant, then City shall promptly forward such tax statement to Tenant, and Tenant shall not be obligated to pay such Impositions, or any portion thereof, sooner than thirty ( 30) days after City shall have provided Tenant a copy of such statement. City shall be liable for any late payment penalties or interest that result from City' s failure to forward any such tax statement to Tenant at least thirty( 30) days prior to the date payment is due.
4. Permitted Contests. Tenant, at its sole cost and expense, may by appropriate legal proceedings conducted in good faith and with reasonable diligence, contest the amount or validity or application, in whole or in part, of any Imposition or of any lien therefore imposed upon the Premises if such proceedings suspend the collection thereof from City, Tenant and the Premises or Tenant has furnished such security, if any, as may be required in the proceedings. Tenant shall give City reasonable notice of the commencement and final disposition of such proceedings. City shall join in any such proceedings as may be necessary or appropriate to 9 Packet Pg. 763 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the prosecute such proceedings properly, and City shall cooperate in any contest conducted by Tenant; provided, however, that any such contest shall be taken without any third- party expense to City. Any refunds obtained pursuant to any contest conducted by Tenant shall be payable to Tenant, and Tenant is authorized to collect the same. Within thirty ( 30) days after Tenant' s receipt of the same, Tenant shall pay to City any refunds, or portions thereof, attributable to Impositions previously paid by City and not attributable to Tenant' s share of same, net of Tenant' s expenses of obtaining such refunds.
C. Tax- Exempt Financing. Tenant acknowledges that City has financed a portion of the cost of construction of the Civic Auditorium or has otherwise encumbered the Premises with tax- exempt bonds. Except for any actions that Tenant is directed to take by City, Tenant hereby agrees that it will not knowingly take any actions that would result in the bonds becoming " private activity bonds" or would otherwise cause the interest on the bonds to become subject to federal income taxes. City will provide Tenant counsel and advice on what actions would result in the bonds becoming " private activity bonds", and will timely give Tenant written notice, with sufficient time to cure, of any Tenant actions that would result in the bonds becoming " private activity bonds". In the event any term or condition in this Agreement shall cause City or Tenant to violate any underlying covenant or condition associated with the bonds or this Agreement, the Parties agree to amend this Agreement in a manner to avoid violating any underlying covenant or condition associated with the bonds; however, if such required amendment materially reduces Tenant' s rights under this Agreement, as determined by Tenant, Tenant may terminate the Agreement without penalty.
SECTION 6. CONSTRUCTION; ALTERATIONS; OWNERSHIP; MAINTENANCE A. Tenant' s Obligations. In addition to all routine maintenance outlined in this agreement, Tenant shall substantially upgrade the auditorium seating system, including but not limited to seats, platforms, lifts, and stairs over the life of this agreement. All work shall be performed in substantial compliance with all applicable Laws of all governmental agencies having jurisdiction over such work.
No construction or alteration which would cause a permanent alteration to the Premises may be commenced by Tenant without the prior written approval of City.
B. Landlord' s Obligations. City shall be responsible for the upgrades and/ or replacements of the HVAC system, restrooms, exterior doors and windows, Auditorium parking lots, and interior carpeting.
I0
Packet Pg. 764 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the C. Timing of Capital Improvement Projects.
The timeline for the obligations included in Sections 6. A and 6. B above will be agreed upon by both parties by January 1, 2025. If repairs or replacements are required in advance of January 1, 2025, the responsible party as outlined in Sections 6. A and 6. B is obligated to fund and complete the repair in a timely manner.
D. Permits; Compliance with Codes. Tenant, at its sole cost and expense, shall obtain all permits and other licenses, permissions, consents and approvals required to be obtained from governmental agencies or third parties in connection with Tenant' s construction or alteration of the Improvements and any subsequent improvements, repairs, replacements or renewals to the Premises by Tenant as required by applicable Laws. City agrees to cooperate reasonably with Tenant and all governmental authorities having jurisdiction to facilitate Tenant' s construction, maintenance and operation of the Premises, including, without limitation, City' s joinder in documents relating to the granting of the permits and other similar matters.
E. Ownership of Improvements. During the Term, the Improvements and all additions, alterations and improvements to the Improvements, and all appurtenant fixtures, machinery, furniture, equipment, and other personal property installed therein, shall be in possession of Tenant. City hereby waives any statutory or common law City' s lien in the Improvements or any of Tenant' s property therein.
At the expiration or sooner termination of this Agreement, the Improvements and all additions, alterations and improvements thereto or replacements thereof, except for such of Tenant' s and Tenant' s authorized sub- tenant' s fixtures, machinery, furniture, equipment, and other personal property removed pursuant to Section 6. G hereof, shall be in possession of City and title shall pass thereto.
1. Any Improvement or equipment purchased by Tenant which has as its purpose the replacement of City property on the Premises or which has been affixed to the Premises shall remain in place upon termination of the Agreement and become the sole property of City.
2. Title of two ( 2) forklifts shall be returned to City by Tenant upon termination of the Lease Agreement. Tenant may return title upon ninety 90) calendar days' written notice to City.
F. Maintenance. Tenant, at its sole cost and expense, shall maintain the interior of the Premises and all Improvements in good condition, normal wear and tear excepted, and City shall have no duty of repair. Tenant shall provide maintenance and record such maintenance at the intervals prescribed by City pursuant to Exhibit D (" Maintenance Schedule") and Exhibit E (" Maintenance Compliance Sheet"), attached and incorporated herein. Notwithstanding the Packet Pg. 765 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the preceding, City shall maintain the roof, HVAC systems, elevator, window integrity as against weather, landscaping, parking lot, and roads.
G. Surrender Upon Termination. Upon expiration or sooner termination of this Agreement, Tenant shall surrender the Premises to City in an " as- is, where- is" condition, with all faults, latent or patent, without representation or warranty, but broom clean and in compliance with this Section 6. G, as of the date of surrender.
1. Obligation to Remove Equipment and On- site Modular Units. Upon the surrender of the Premises to City, Tenant shall remove all equipment, modular office trailers, storage units, and personal property as follows:
A. Cause all fixtures, machinery, furniture, equipment, and other personal property used by Tenant to operate its business, including, without limitation, office equipment, furniture, kitchen equipment and supplies to be removed from the Premises; and
B. In connection with Tenant' s removal of such items, Tenant agrees to do the following as may be necessary in order to surrender the Premises in a safe condition and to satisfy any applicable code requirements: ( i) " cap off' ( either at the wall, ceiling or floor, as appropriate) all electrical wiring and other utility supply lines ( e. g., coolant lines) servicing any such equipment ( specifically excluding, however, all fire sprinkler lines which will not be moved or altered except to the extent necessary to preserve the structural integrity of such lines as they may be affected by the removal of any merchandise racking and other personal property), and ( ii) in those instances where any such equipment was anchored to the floor, cause any anchoring bolts or similar connectors to be ground down flush with the flooring.
2. Abandoned Equipment and On- site Modular Units. If Tenant fails to remove any fixtures, machinery, furniture, equipment, office trailers, storage units, and other personal property at expiration or sooner termination of this Agreement or within a thirty ( 30) days after notice to City specifying the manner in which City contends Tenant has failed to comply with Section 6.F hereof, the same shall be considered abandoned to City, and City may dispose of such property as it deems necessary.
Tenant shall reimburse City for the costs it reasonably incurred to dispose of such property.
H. Mechanic' s Liens. In the event any mechanic' s lien is filed against the Premises, the party permitting or causing such lien to be filed ( the " Permitting Party") hereby covenants promptly either ( a) to pay the same and have it discharged of record, ( b) to take such action as may be required to reasonably and legally object to such lien, or ( c) to have the lien removed from the Premises and, in all events, 12 Packet Pg. 766 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the agrees to have such lien discharged prior to the entry ofjudgment for foreclosure of such lien. Upon request of the other party ( the " Non- Permitting Party"), the Permitting Party agrees to furnish such security or indemnity as may be required, to and for the benefit of the Non- Permitting Party, to permit an endorsement to the Non- Permitting Party' s title policy to be issued relating to the Non- Permitting Party' s property without showing thereon the effect of such lien. If City or Tenant fails to comply with subdivisions ( a) — ( c), above, the Non-Permitting Party is hereby granted the right, but not the obligation, to bond against or otherwise discharge any such lien and, if the Non- Permitting Party exercises this right, the Permitting Party promptly shall reimburse the Non- Permitting Party upon demand for any and all costs and expenses incurred, including, without limitation, court costs and attorneys' fees, in connection therewith, including interest thereon at the rate set forth in Section 15. M.
License to Use City Equipment. City hereby conveys a license to Tenant to use box office computers and printers and other equipment set forth in Exhibit F Equipment Schedule"), attached and incorporated herein. Notwithstanding the preceding, Tenant shall, without cost to City, permit City' s use of any such equipment upon twenty- four ( 24) hours' notice to Tenant, provided that use does not interfere with Tenant' s performing its obligations hereunder, including but not limited to Sections 2. B. and 2. C. If any equipment set forth in Exhibit F is damaged or requires replacement, Tenant shall replace or repair said equipment.
SECTION 7. DAMAGE OR DESTRUCTION
A. Tenant Repair. In the event of any damage to or destruction of any of the Improvements located on the Premises Tenant shall, at its sole cost and expense, repair said damage. Tenant shall commence such repair no later than ninety ( 90) calendar days after the event causing said damage or destruction and diligently pursue the same to completion.
B. No Termination of Agreement; Abatement of Rent. This Agreement shall not be terminated because of damage to or destruction of any Improvements on or in the Premises. If such damage or destruction occurs and renders all or a portion of the Premises untenantable or unusable, then Rent shall thereafter abate for as long as and in proportion to the reduction in rental value of the Premises based on the extent to which the Premises are untenantable or unusable, as mutually determined by the parties. However, no abatement in Rent shall be required to the extent the destruction or damage to the Premises was caused by the Tenant' s negligence.
13 Packet Pg. 767 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the SECTION 8. INSURANCE
A. Tenant' s Insurance. Tenant shall procure and maintain, or cause to be procured and maintained, the following types of insurance with respect to the Premises and Improvements thereon, at Tenant' s sole cost and expense:
1. Commercial General Liability Insurance. Commercial general liability insurance in an amount not less than One Million Dollars ($ 1, 000, 000) for each occurrence and Two Million Dollars ($ 2, 000, 000) general aggregate, insuring against claims for bodily injury, personal injury and property damage sustained in, on or about the Premises, operations on the Premises, independent contractors, products/ completed operations, personal and advertising injury and contractual liability.
2. Automobile Liability Insurance. Commercial automobile liability insurance insuring against claims for bodily injury, personal injury and property damage arising out of the ownership, maintenance or use of any owned, non- owned or hired vehicles with a combined single limit of not less than One Million Dollars ($ 1, 000, 000) for each occurrence.
3. Workers' Compensation and Employer' s Liability. Workers' Compensation insurance in accordance with applicable governmental requirements. Employer' s liability insurance insuring against claims alleging employer negligence that result in work- related injuries, illness or death that are not covered under applicable workers compensation statutes in an amount not less than One Million Dollars ($ 1, 000, 000) for each accident or disease.
4. Property Insurance. Property insurance insuring against damage to the Premises and any Improvements located on the Improvements in an amount not less than One Million Dollars ($ 1, 000, 000).
5. Umbrella Liability Insurance. Umbrella/ excess liability insurance that applies in addition to and in excess of the insurance required pursuant to this Section 8. A in the amount of not less than Five Million Dollars 5, 000, 000) for each occurrence and general aggregate.
6. Additional Insured. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of the operations of Tenant. The coverage shall contain no special limitations of the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers.
7. Primary. For any claims related to this Agreement, the Tenant' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents or volunteers. Any insurance or self14 Packet Pg. 768 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the insurance maintained by City, its officers, officials, employees, agents or volunteers shall be excess of the Tenant' s insurance and shall not contribute with it.
B. Terms of Insurance.
1. Evidence of Insurance. Tenant shall provide City with evidence of the insurance required hereunder. Such evidence may include a certificate of insurance, a memorandum of insurance or a statement from a licensed insurance broker or insurance company as to the coverage provided. City shall have the right to review Tenant' s actual policy documentation.
2. Terms of Tenant' s Insurance. All policies of insurance described in Section 8. A: ( a) with respect to the coverage required therein, shall be written as primary policies and any other policies maintained by City that may provide overlapping, duplicative or additional coverage shall be deemed excess and non- contributing; ( b) shall be written by insurance companies that have a then current A. M. Best' s
rating of" A", " VII" or an
equivalent rating, or better, and that are licensed, admitted or otherwise authorized to do business in the State of California; ( c) may be provided by group or blanket policies carried by Tenant, provided such group or blanket policies substantially fulfill the requirements specified herein; and d) with respect to liability insurance, shall be written on an " occurrence based" form and provide contractual liability coverage with respect to any indemnity obligation set forth in this Agreement. For the insurance required under Section 8. A, City and, if requested in writing by City, any mortgagee of City shall be named as an " additional insured". A party that is to be named as an additional insured need not be named individually or by an endorsement to such policy, but may be named as part of a class or group of parties granted additional insured status under such policy.
3. Deductibles and Self-Insurance. Tenant shall have the right to have such deductibles and/ or self- insured retentions as Tenant determines to be prudent, provided that no deductible or self- insured retention shall exceed One Hundred Thousand Dollars ($ 100, 000. 00).
SECTION 9. CONDEMNATION
A. Total Taking. In the event of the taking or condemnation by any competent authority of the whole or materially all of the Premises at any time during the Term ( a " Total Taking"), the right of City and Tenant to share in the proceeds of any award for the Premises, the Improvements and damages upon any such Total Taking shall be as follows:
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1. Termination of Agreement. The Term shall cease as of the date of possession by the condemnor and all Rent shall be apportioned as of the date of possession.
2. Removal of Improvements. There shall be paid from the condemnation award any expenses required with respect to the demolition or removal of any remaining Improvements on the Property upon termination of the Agreement.
3. City' s and Tenant' s Shares. City and Tenant shall each receive the present value oftheir respective interests in the leasehold estate created by this Agreement and Improvements, together with interest thereon from the date of taking to the date of payment at the rate paid on the award, and attorney' s fees and other costs to the extent awarded.
B. Partial Taking. In the event of a partial taking or condemnation of the Premises, e. g., a taking or condemnation that is not a Total Taking or a temporary taking ( a Partial Taking"):
1. Rent Abatement and Effect on Event Days. Except as provided in Section 7. B., the Term of this Agreement shall continue but the annual Rent to be paid by Tenant under Section 3. B shall thereafter be reduced in the ratio that the rental value of the portion of the Premises taken or condemned ( determined on a square footage or other equitable basis) bears to the rental value of the entire Premises at the time of the Partial Taking, as mutually determined by the parties. Additionally, each day a Partial Taking occurs shall count as an Event Day for purposes of Sections 2. B. and 2. C. hereof.
2. Award. Any award paid in respect of a Partial Taking, whether this Agreement continues or is terminated, shall be divided and shared by City and Tenant as provided in Section 9. A.3 hereof.
3. Restoration. As to the Premises not taken in such condemnation proceeding, Tenant shall proceed diligently, to the extent the portion ofthe condemnation award paid to Tenant or City is sufficient for such purpose, to restore, repair or reconstruct the Premises, to the extent practicable, to a functional unit of substantially the same usefulness, design, construction and quality as existed prior to such Partial Taking.
4. Successive Takings. In case of a second or any other additional Partial Taking from time to time, the provisions ofthis Section 9. B shall apply to each such Partial Taking.
C. Temporary Taking. If the whole or any part of the Premises or of Tenant' s interest under this Agreement is taken or condemned by any competent authority 16 Packet Pg. 770 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the for its temporary use or occupancy, ( a) Tenant shall continue to pay, in the manner and at the times herein specified, the full amounts of the Rent and all Impositions and other charges payable by Tenant hereunder, ( b) this Agreement shall continue and, ( c) except only to the extent that Tenant may be prevented from so doing pursuant to the terms of the order of the condemning authority, Tenant shall perform and observe all of the other terms, covenants, conditions and obligations hereof upon the part of Tenant to be performed and observed as though such taking or condemnation had not occurred. In the event of any such temporary taking or condemnation, Tenant shall be entitled to receive the entire amount of any award made for such taking, whether paid by way of damages, rent or otherwise, unless such period of temporary use or occupancy shall extend to or beyond the expiration date of the Term of this Agreement, in which case such award shall be apportioned between City and Tenant as of such date of expiration of the Term. Additionally, each day a Temporary Taking occurs shall count as an Event Day for purposes of Sections 2. B. and 2. C. hereof.
SECTION 10. COMPLIANCE WITH LAWS
A. Tenant to Comply With All Laws. From and after the date this Agreement commences, Tenant shall at all times during the Term of this Agreement, at Tenant' s sole cost and expense, comply in all material respects with Laws now or hereafter enacted or promulgated which are applicable to the Premises and the business of Tenant conducted on the Premises.
B. Nondiscrimination. Except as provided in Section 12940 et seq. of the Government Code, Tenant shall not discriminate against any person because of his/ her race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, mental status, sexual orientation or sex nor shall Tenant refuse to hire or employ such person or discriminate against such person in compensation or in the terms, conditions or privileges of employment.
SECTION 11. INSPECTION BY CITY
City and City' s agents and representatives shall be entitled, from time to time, upon reasonable notice to Tenant, to go upon and into the Premises during Tenant' s business operating hours for the purpose of inspecting the same or inspecting the performance by Tenant of the Contracts and conditions of this Agreement.
SECTION 12. INDEMNIFICATION
A. Tenant to Indemnify City. Notwithstanding that joint or concurrent liability may be imposed upon City by Law, to the extent the same arise or accrue during the Term of this Agreement, Tenant shall, upon demand, indemnify, defend, hold harmless and reimburse City, its elected representatives, officers, employees and agents ( individually, a " City Indemnified Party" and collectively, the " City 17 Packet Pg. 771 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Indemnified Parties") from and against and for any and all liabilities, obligations, penalties, fines, suits, claims, demands, actions, costs and expenses of any kind or nature including, without limitation, reasonable attorneys' fees actually incurred ( collectively, " Costs"), which may be imposed upon or asserted against any of the City Indemnified Parties by reason of:
1. Tenant' s Breach. Any breach, violation or non- performance by Tenant of any term or condition set forth in this Agreement.
2. Use or Occupancy. Any accident, injury or damage to person and/ or property arising from any use or occupancy of the Premises which Tenant may make, permit or suffer to be made or exist, or occasioned by any use or occupancy of or activity on the Premises by or for Tenant or its subtenants or any of their agents, contractors, employees, subtenants or invitees, or anyone claiming through any of them.
3. Tenant Negligence. Any negligence or wrongful act or omission on the part of Tenant or its subtenants or any of their agents, contractors, employees, subtenants or invitees, or anyone claiming through any of them; and
4. Tenant Work and Construction. Any work or thing done by or for Tenant in, on or about the Premises, or any part thereof, including all claims and liability arising by virtue of or relating to construction of the Improvements, alterations thereto or repairs, restoration or rebuilding thereof, unless performed by any of the City Indemnified Parties or any of their agents.
5. Challenge to the Validity of Agreement. Any challenge to the validity of this Agreement not claimed by City, or any part thereof, including administrative, constitutional ( federal or state), equitable or other legal challenges brought in any tribunal or court regardless of remedy sought.
6. Limitations. The indemnity provided in paragraphs ( 1) through ( 4), inclusive, shall not apply to ( a) any Costs to the extent caused by a breach of this Agreement by any of the City Indemnified Parties; ( b) the negligence or willful misconduct by any of the City Indemnified Parties or any oftheir contractors, invitees or anyone claiming through any of them; or ( c) any claim for diminution in value of the Property or the Improvements or for environmental remediation or clean- up costs arising out of or in connection with the mere fact of having discovered and/ or reported ( as may be required by Law) any adverse physical condition, title condition, or other defect with respect to the condition of the Premises or Improvements, except to the extent that Tenant may have caused the defect to exist.
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7. Legal Proceedings. If Tenant is required to defend any action or proceeding pursuant to this Section 12.A to which any City Indemnified Party is made a party, such City Indemnified Party shall also be entitled to appear, defend or otherwise take part in the matter involved, at its election, by counsel of its own choosing, and to the extent such City Indemnified Party is indemnified under this Section 12. A, Tenant shall bear the cost of such City Indemnified Party' s defense, including reasonable attorney' s fees actually incurred; provided, however, Tenant shall be liable for attorney' s fees of separate counsel selected by Tenant and reasonably approved by such City Indemnified Party only if a single legal counsel ( or a single firm of legal counsel) cannot represent both Tenant and such City Indemnified Party without there arising an actual conflict of interest.
B. City to Indemnify Tenant. Notwithstanding that joint or concurrent liability may be imposed upon Tenant by Law, to the extent the same arise or accrue during the Term of this Agreement, City shall upon demand indemnify, defend, hold harmless and reimburse Tenant, its shareholders, officers, partners, members, employees and agents ( individually, a " Tenant Indemnified Party" and collectively, the " Tenant Indemnified Parties") from and against and for any and all Costs which may be imposed upon or asserted against any of the Tenant Indemnified Parties by reason of:
1. City' s Breach. Any breach, violation or non- performance by City of any term or condition in this Agreement required by the terms of this Agreement on the part of City to be fulfilled, kept, observed or performed.
2. Use or Occupancy. Any accident, injury or damage to person and/ or property arising from or occasioned by any use or occupancy of or activity on the Premises by City or any of its agents, contractors, employees, invitees or anyone claiming through any ofthem.
3. City Negligence. Any negligence or wrongful act or omission on the part of City or any of its agents, contractors, employees, invitees or anyone claiming through any of them. For purposes for this section, a condition of the premises shall not be attributed to City as fault, negligence, a wrongful act or omission.
4. Limitation. The foregoing indemnity shall not apply to ( a) any Costs to the extent caused by a breach of this Agreement by any of the Tenant Indemnified Parties or their contractors, invitees or anyone claiming through any of them, or ( b) the negligence or willful misconduct of any of the Tenant Indemnified Parties or their contractors, invitees or anyone claiming through any of them.
5. Legal Proceedings. If City is required to defend any action or proceeding pursuant to this Section 12. B to which any Tenant Indemnified Party is 19 Packet Pg. 773 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the made a party, such Tenant Indemnified Party shall also be entitled to appear, defend or otherwise take part in the matter involved, at its election, by counsel of its own choosing, and to the extent such Tenant Indemnified Party is indemnified under this Section 12. B, City shall bear the cost of such Tenant Indemnified Party' s defense, including reasonable attorney' s fees actually incurred; provided, however, City shall be liable for attorney' s fees of separate counsel selected by City and reasonably approved by such Tenant Indemnified Party only if a single legal counsel or a single firm of legal counsel) cannot represent both City and such Tenant Indemnified Party without there arising an actual conflict of interest.
SECTION 13. SUBLETTING AND ASSIGNMENT
A. Subletting and Assignment. Tenant shall sublet the Premises as necessary to satisfy the performance criteria set forth in Sections 2. B. and 2. C. Except as necessary to let the Premises on a
temporary basis as an event venue ( and
subleasing to the Church and concessionaires), Tenant shall not be permitted to assign, sublet, license or otherwise convey any interest in the Premises. Any agreement entered into by Tenant to let the Premises on a temporary basis for any event shall be in accordance the Mandatory Operations Criteria set forth in Exhibit G (" Mandatory Operations Criteria"), attached and incorporated herein.
B. Non- Discrimination.
1. Covenant. By entering into this Agreement, Tenant covenants by and for itself, successors and assigns, and all persons claiming under or through it or them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision a) or ( d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision ( m) and paragraph ( 1) of subdivision ( p) of Section 12955, and Section 12955. 2 of the California Government Code, in the lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Premises, nor shall Tenant, or any person claiming under or through Tenant, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees ofthe Property.
2. Application. All leases, licenses or contracts entered into with respect to the lease, license, sublease or other transfer ofthe Property shall contain or be subject to substantially the following nondiscrimination/ nonsegregation clauses:
20 Packet Pg. 774 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the A. In leases: " The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision ( a) or ( d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision ( m) and paragraph ( 1) of subdivision ( p) of Section 12955, and Section 12955. 2 of the California Government Code, in the leasing, subleasing, transferring, use or occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased.
B. In contracts: " The contracting party or parties hereby covenant by and for himself or herself and their respective successors and assigns, that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision ( a) or ( d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision ( m) and paragraph ( 1) of subdivision ( p) of Section 12955, and Section 12955. 2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting party or parties, any subcontracting party or parties, or their respective assigns or transferees, establish or permit any such practice or practices of discrimination or segregation.
SECTION 14. DEFAULT
A. Tenant Default. The occurrence of any of the following shall constitute an event of default on the part of Tenant under this Agreement ( an " Event of Default"):
1. Payments to City. Failure of Tenant to make any payment of Rent owing to City within five ( 5) business days after Notice is provided by City.
2. Nondiscrimination. Failure of Tenant to honor any covenant set forth herein regarding non- discrimination. In that this violation is not subject to cure, Tenant shall have no right to cure. Notwithstanding the preceding, Tenant shall have a right to notice of the alleged violation and shall have opportunity to dispute and/ or answer the alleged violation within fifteen 15) days after Notice is provided by City.
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3. Breach of Other Covenants. Tenant' s breach of, or failure to perform, comply with or observe any term, covenant, warranty, condition, agreement or undertaking of Tenant contained in or arising under this Agreement such failure continuing for a period of thirty ( 30) calendar days after Notice is provided by City, which Notice specifies the nature of the asserted breach and the cure City deems to be required.
4. Insolvency.
A. Tenant making an assignment for the benefit of creditors, filing ( or having filed against it) a petition in bankruptcy, petitioning or applying to any tribunal for the appointment of a custodian, receiver or any trustee for it or a substantial part of its assets, or commencing ( or having commenced against it) any proceedings under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation Law, whether now or hereafter in effect, in which an order for relief is entered or which remains undismissed for a period of ninety ( 90) days or more; or Tenant by any act or omission indicating its consent to, approval of or acquiescence in any such petition, application or proceeding or order for relief or the appointment of a custodian, receiver or any trustee for it or any substantial part of any of its properties, or suffering any such custodianship, receivership or trusteeship to continue undischarged for a period of ninety ( 90) calendar days or more.
5. Materiality. All breaches in the Agreement which are an Event of Default are to be considered material to this Agreement.
B. City' s Remedies.
1. City' s Remedies. City shall have all rights and remedies available at law or in equity, including, without limitation, the right to specific performance, the right to self-help set forth in Section 14. H, the right to set- off for any breach relating to the payment of money, and the right to terminate this Agreement in respect of any Event of Default under this Agreement.
2. Effect of Termination. Upon termination of this Agreement under this Section 14, all rights and privileges of Tenant and all duties and obligations of City hereunder shall terminate. Immediately upon such termination, and without further notice to any other party, City shall have the right to assert, perfect, establish and confirm all rights reverting to City by reason of such termination by any means permitted by Law, including the right to take possession of the Premises together with all Improvements thereto, subject to Tenant' s rights to remove its property as 22 Packet Pg. 776 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the provided herein, and to remove all persons occupying the same and to use all necessary lawful force therefore and in all respects to take the actual, full and exclusive possession of the Premises and every part thereof as City' s original estate, thereby wholly terminating any right, title, interest or claim of or through Tenant as to the Premises or the Improvements or fixtures and alterations to the Improvements, and all personal property located on the Premises, all without incurring any liability to Tenant or to any person occupying or using the Premises for any damage caused or sustained by reason of such entry or such removal, except for damage resulting from City' s negligence or willful misconduct in affecting such removal. Notwithstanding the foregoing, City shall use commercially reasonable efforts to mitigate its damages.
C. City Default. The occurrence of any of the following shall constitute an event of default on the part of City under this Agreement ( a" City Event of Default"):
1. Breach of Covenants. City' s breach or failure to perform, comply with or observe any term, covenant, warranty, condition, agreement or undertaking of City contained in or arising under this Agreement and such failure continuing for a period of thirty ( 30) calendar days after Notice thereof is given by Tenant to City, which Notice specifies the nature of the asserted breach and the cure Tenant deems to be required.
2. Insolvency.
A. City making an assignment for the benefit of creditors, filing ( or having filed against it) a petition in bankruptcy, petitioning or applying to any tribunal for the appointment of a custodian, receiver or any trustee for it or a substantial part of its assets, or commencing ( or having commenced against it) any proceedings under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation Law of any jurisdiction, whether now or hereafter in effect, in which an order for relief is entered or which remains undismissed for a period of ninety ( 90) days or more; or City by any act or omission indicating its consent to, approval of or acquiescence in any such petition, application or proceeding or order for relief or the appointment of a custodian, receiver or any trustee for it or any substantial part of any of its properties, or suffering any such custodianship, receivership or trusteeship to continue undischarged for a period of ninety ( 90) days or more;
D. Tenant' s Remedies. Tenant shall have all rights and remedies available at law or equity for any City Event of Default, including the right to terminate this Agreement and the right to Self-Help set forth in Section 14. H., in respect to any City Event of Default under this Agreement. Because the Premises are public 23 Packet Pg. 777 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the property held in the public trust for the residents of the City of Redding, specific performance shall not be available to Tenant as a
remedy. Monetary damages
shall be limited to that amount equal to four ( 4) months' rent, as indicated in Section 3. B., at the time of the City Event of Default.
E. Notice and Cure Periods. City and Tenant acknowledge and agree that, except as provided in Section 14. A.2, no Event of Default or City Event of Default shall have occurred under this Agreement unless and until any and all applicable Notices shall have been given and cure or grace periods shall have expired.
G. No Waivers. No failure by any party hereto to insist upon the strict performance of any provision of this Agreement or to exercise any right, power or remedy consequent to any breach thereof, and no waiver of any such breach, or the acceptance offull or partial Rent or other payment during the continuance thereof, shall constitute a waiver of any such breach or of any such provision. No waiver of any breach shall affect or alter this Agreement, which shall continue in full force and effect, or the rights of any party hereto with respect to any other then existing or subsequent breach.
H. Self- Help. In case of an Event of Default or a City Event of Default resulting from a failure to pay any money or to do any act to satisfy any of the obligations or covenants which a party is required to pay, do, or satisfy under the provisions of this Agreement, the non- defaulting party may, at its option, after Notice to the defaulting party, pay any or all such sums, do any or all such acts or incur any expense whatsoever to remedy the failure to perform any one or more of the covenants herein contained. The defaulting party shall repay the same on demand, together with interest at the rate provided in Section 15.M hereof calculated from the date payment is made by the non- defaulting party.
No Personal Liability. Neither City nor Tenant nor any of the persons comprising City or Tenant ( whether partners, members, shareholders, officers, directors, members, trustees, employees, beneficiaries or otherwise) shall ever be personally liable for any judgment obtained against the other for breach of any obligation hereunder.
SECTION 15. MISCELLANEOUS
A. No Partnership. Nothing contained herein or in any instrument relating hereto shall be construed as creating a partnership or joint venture between City and Tenant or between City and any other party, or cause City to be responsible in any way for debts or obligations of Tenant or any other party.
B. CEQA Compliance; Condition Precedent. City hereby retains absolute and sole discretion to ( i) modify this Agreement, in its sole discretion, in order to comply with CEQA, ( ii) select other feasible alternatives to avoid significant environmental impacts, ( iii) balance the benefits of this Agreement against any 24 Packet Pg. 778 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the significant environmental impacts prior to taking final action if such significant impacts cannot otherwise be avoided, and/ or ( iv) determine not to proceed with this Agreement. City shall have no legal obligations hereunder unless, and until, its has completed the CEQA review process and unless, and until, Tenant has received all necessary entitlements. Should City elect to modify this Agreement consistent with its findings under CEQA, it shall provide prompt written notice to Tenant of its election to amend this Agreement consistent with its CEQA review.
Tenant shall have thirty ( 30) calendar days upon receipt of said notice to enter into the amendment proposed by City or, in the alternative, cancel this Agreement without liability to City.
C. Time of the Essence. Time is hereby expressly declared to be of the essence of this Agreement and of each and every term, covenant, agreement, condition and provision hereof. The word " day" means calendar day as used for computation of time periods herein and the computation of time shall include Saturdays, Sundays and holidays in the Governing Jurisdiction. The phrase " business day" means any day on which commercial banks are generally open for business in the State of California ( other than a Saturday, Sunday or legal holiday in the State of California). Any period of time calculated in days which would otherwise end on a non- business day shall be extended to the next following business day.
D. Captions. The captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only, are not a part of this Agreement and in no way amplify, define, limit or describe the scope or intent of this Agreement, nor in any way affect this Agreement.
E. Meaning of Terms. Words of any gender in this Agreement shall be held to include any other gender and words in the singular number shall be held to include the plural when the sense requires.
F. Agreement Construed as a Whole. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning and neither strictly for nor against City or Tenant.
G. Severability. If any provision of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
H. Survival. Each provision of this Agreement which may require the payment of money by, to or on behalf of City or Tenant or third parties after the expiration of the Term hereof or its earlier termination shall survive such expiration or earlier termination. All indemnity obligations shall survive termination of this Agreement.
25 Packet Pg. 779 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Entire Agreement; Amendment. This Agreement and the exhibits hereto constitute the final and complete agreement between the parties with respect to the transaction contemplated herein, and supersede all prior correspondence, memoranda and agreements ( oral or written) between the parties relating to the subject matter hereof, including, without limitation, any letters of intent entered into between the parties. This Agreement may be amended only in a writing signed by both City and Tenant.
1. The City Manager is authorized to act on behalf of City to amend this Agreement or otherwise make prudential decisions relating to the same so long as the scope of amendment does not negatively impact revenue to City or otherwise effect a substantial change to the Agreement.
J. Commissions. In the event any claims for real estate commissions, fees or compensation ( collectively " Compensation") arise in connection with this transaction, the party so incurring or causing such claims or whom the claimant asserts to have represented agrees to indemnify, defend and hold harmless the other party from any loss or damage, including attorneys' fees, which said other party suffers because of said claims.
K. Notices. All notices, demands, requests, or other writings ( each a " Notice") provided by the terms of this Agreement to be given or made or sent, or which may be given or made or sent, by either party hereto to the other, shall be in writing, shall be given by ( a) personal delivery, ( b) delivery by a nationally recognized overnight delivery service, ( c) mailing or depositing same in the United States mail, registered or certified, return receipt requested, postage prepaid, or ( d) facsimile ( if a copy of such notice also is delivered by any other permitted method of delivery along with evidence that the facsimile was transmitted successfully), and in all cases shall be properly addressed to the parties at the following addresses:
City: City of Redding
Attention: Barry Tippin, City Manager
777 Cypress Avenue
Redding, CA 96001
Facsimile No.: ( 530) 225- 4325
With a
copy to: Office ofthe City Attorney
Attention: Barry DeWalt, City Attorney
777 Cypress Avenue
Redding, CA 96001
Facsimile No.: ( 530) 225- 4362
26 Packet Pg. 780 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Tenant: Advance Redding
Attention: Julie Dyar??
700 Auditorium Dr.
Redding, CA 96001
Facsimile No.:
With a
copy to: Brown and Streza, LLP
Attention: Casey S. Hale
40 Pacifica, Suite 1500
Irvine, CA 92618
Facsimile No.: ( 949) 453- 2918
or to such other address as either party may from time to time designate by Notice to the other. All Notices shall be deemed duly given upon actual receipt or refusal to accept delivery. Notices may be sent by the parties' respective counsel.
L. Attorneys' Fees. In any proceeding or controversy associated with or arising out of this Agreement or a claimed or actual breach hereof, or in any proceeding to recover the possession of the Premises, the substantially prevailing party shall be entitled to recover from the other party as a part of the substantially prevailing party' s costs, reasonable attorney' s fees and court costs, the amount of which shall be fixed by the court or arbitrator and shall be made a part of any judgment rendered.
M. Interest. Except as otherwise specifically provided herein, any amounts due from one party to the other pursuant to the terms of this Agreement, including amounts to be reimbursed one to the other, shall bear interest from the due date or the date the right to reimbursement accrues at the prime rate of interest published in The Wall Street Journal, or similar publisher of business statistical data; provided, however, that such rate shall not exceed, in any event, the highest rate of interest which may be charged under applicable Law without the creation of liability for penalties or rights of offset or creation of defenses. For purposes of interest calculations, the due date of amounts or the date the right to reimbursement accrues shall be deemed the date that it originally was owing but may have been disputed, as distinguished from the date of final settlement or the making of a judicial or arbitration award.
N. Consents and Approvals. Whenever the consent or approval of City or Tenant is required hereunder, such consent or approval shall not be unreasonably withheld, conditioned or delayed unless expressly set forth in this Agreement otherwise.
Any consent or amendment to this Agreement which does not have a deleterious affect on amounts due City may be approved and executed by the City Manager.
0. Governing Law. This Agreement shall be construed according to and governed by the Laws ofthe State of California.
27 Packet Pg. 781 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the P. Force Majeure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes; lockouts; labor troubles; shortages of labor or materials generally applicable to the locality ofthe Property after due diligence in obtaining the same; unavailability or excessive price of fuel; power failure; riots; insurrection; civil disorder; war; terrorist acts; acts of the public enemy; fire or other casualty; condemnation; acts of God; unusually adverse weather conditions in the locality of the Property; governmental restrictions; temporary or permanent injunction or other court order; or by reason of any cause beyond the exclusive and reasonable control of the party delayed in performing work or doing acts required under the terms of this Agreement after the exercise of due diligence, including diligence in contracting, and the exercise of rights under contracts with contractors and suppliers ( each, an " Event of Force Majeure"), then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
Except as otherwise provided in this Agreement, the provisions of this clause shall not operate to excuse Tenant from prompt payment of Rent or either party from the prompt payment of any other payments required by the terms of this Agreement.
Q. Counterparts; Facsimile Signatures. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile signatures on this Agreement or any Notice given hereunder shall constitute originals signatures of the parties.
R. Quiet Enjoyment. City covenants that Tenant may quietly and peaceably have, enjoy, and hold the Premises and rights hereunder for the full Term without hindrance, provided that no Event of Default by Tenant exists under the Agreement. City shall defend, indemnify, and hold Tenant harmless from and against any and all losses, costs, expenses, liabilities, claims, causes of action and damages of whatsoever kind that may result to Tenant, including reasonable attorneys' fees incurred by Tenant, arising from the wrongful disturbance of Tenant' s quiet possession: ( i) by City; ( ii) by persons deriving title from City; ( iii) because of liens or encumbrances incurred or suffered by City; ( iv) because of title paramount to City' s; or ( v) because of any defect in City' s power or authority to execute and undertake City' s obligations under this Agreement except as provided for in Section 12. A. 5. City' s duty to indemnify Tenant under this Section 15. R. shall survive the expiration or earlier termination of this Agreement.
28 Packet Pg. 782 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the S. Exhibits. All exhibits referenced in this Agreement are incorporated into and made a part of this Agreement as iffully set forth herein. Exhibits are as follows:
1. Exhibit A— Legal Description.
2. Exhibit B— Depiction of Premises.
3. Exhibit C - Lawn Area Map.
4. Exhibit D— Equipment Maintenance Schedule.
5. Exhibit E— Maintenance Compliance Sheet.
6. Exhibit F— Equipment Schedule.
7. Exhibit G— Mandatory Operations Criteria.
29 Packet Pg. 783 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the IN WITNESS WHEREOF, City and Tenant have executed this Agreement on the days and year set forth below:
CITY OF REDDING,
A Municipal Corporation
Dated: l2"/ 2021
By:
Kristen Schreder, Mayor
ATTEST: APPROVED AS TO FORM:
City Attorney
LA, 1/4) 2— 0117\ k4 tPAMIZE, City Clerk By: ` CeC I
ADVANCE REDDING
Dated: /( 9// , 2021.
Tax ID No.:
30 Packet Pg. 784 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the
EXHIBIT A
A parcel of land, situated in a portion of Sections 11 of the P. B. Reading Grant, City of Redding, County of Shasta, State of California, more particularly described as follows:
Commencing at a point on the northerly line of California Route 299 as shown on that certain map entitled " STATE OF CALIFORNIA DIVISION OF HIGHWAYS DISTRICT 02 RECORD OF SURVEY OF MONUMENTATION IN SHASTA COUNTY ON ROUTE 299 PM 24.5 TO P.M 25.7'; Sheet 3 of 4, filed in Book 36 of Land Surveys at Page 79, Shasta County Records; thence on and along said northerly line of California Route 299 , South 63° 25' 22" East South 63° 32' 22" East per said map), 64. 28 feet;
thence South 72° 14' 22" East, 255. 80 feet;
thence South 84° 25' 40" East, 669. 16 feet to a point on the Turtle Bay Ground Lease, 5th Addendum;
thence leaving said northerly line, on and along said Turtle Bay Ground Lease North 78° 51' 55" West, 702. 40 feet;
thence along a 518. 43 foot radius curve to the right, having a central angle of 18° 14' 10", a length of 165. 01 feet;
thence North 60° 37' 45" West, 260. 94 feet;
thence North 84° 25' 31" West, 47. 43 feet;
thence North 84°25'40" West, 35. 00 feet;
thence North 05° 34' 20" East, 147. 09 feet;
thence North 29° 06' 45" East, 305. 69 feet;
thence North 15° 31' 27" West, 186. 35 feet;
thence North 36° 15' 14" East, 31. 05 feet;
thence North 52° 36'43" West, 185. 78 feet to the TRUE POINT OF BEGINNING; thence continuing on and along said Turtle Bay Ground Lease and the extension thereof, North 52° 36' 43" West, 537. 92 feet;
thence leaving said extension of said Turtle Bay Ground Lease along a 330. 00 foot radius curve to the left, the center of which bears South 39° 50' 06" East, having a central angle of 12° 46' 38", a length of 73. 59 feet;
thence South 37° 23' 17" West, 838. 71 feet;
Packet Pg. 785 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the thence South 52° 36' 43" East, 70. 12 feet;
thence along a 1240. 00 foot radius curve to the left, the center of which bears North 37° 23' 17" East, having a central angle of 06° 30' 00", a length of 140. 67 feet; thence along a 1330.00 foot radius curve to the right, the center of which bears South 30° 53' 17" West, having a central angle of 06° 30' 00", a length of 150. 88 feet; thence South 52° 36' 43" East, 14. 17 feet;
thence along a 300.00 foot radius curve to the left, the center of which bears North 37° 23' 17" East, having a central angle of 22° 05' 59", a length of 115. 71 feet; thence North 37° 23' 17" East, 408. 37 feet;
thence South 52° 36' 43" East, 77. 85 feet;
thence North 11° 00' 55" East, 55. 97 feet;
thence North 26° 23' 36" West, 205. 95 feet;
thence North 37° 23' 17" East, 125. 95 feet;
thence South 78° 32'04" East, 211. 00 feet;
thence North 37° 23' 17" East, 105. 44 feet to the TRUE POINT OF BEGINNING.
Containing 9. 76 acres more or less.
End of Description
Bearings hereon are base on the original Turtle Bay ground lease dated January 7, 1992, which is the northerly line of California Route 299 as shown on that certain map entitled STATE OF CALIFORNIA DIVISION OF HIGHWAYS DISTRICT 02 RECORD OF SURVEY OF MONUMENTATION IN SHASTA COUNTY ON ROUTE 299 P. M 24. 5 TO P.M 25. 7", Sheet 3 of 4, filed in Book 36 of Land Surveys at Page 79, Shasta County Records, rotated clockwise 00° 07' 00". All distances hereon are ground. To obtain grid distances, multiply ground distances shown by 0. 99987965.
DATE: 9- 20 2
Charles Ken Iwamura, City of Redding Surveyor
PLS 8540
St`
4CHARLES IGEN
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rr 11.N MURA o
a z
iVo. 8540
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OF CA‘. V
Packet Pg. 786 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the
EXHIBIT B
V12,04„,_ tis
43 u
p1
1 h TRUE POINT OF BEGINNING
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w h
11°'. 144i111 i1 M\' h' 31. 05'
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env
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ta
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F EXISTING GROUND LEASE
2064 r*0. ^
tip
IL?' 5th ADDENDUM F C3 '-" Qhi
ak1!' ^ W
N84' 25' 40" W
2 C4 vi
135.00'
184.25' 31" W'
47. 43'
Sys?3ZIN60'3T45" W CITY OF REDDING TO STATE OF
sy 260.94'
CALIFORNIA PER 2006- 0052505
N R= 518. 43'
18' 14' 10"
i
7-L= 165. 01'
POINT OF COMMENCEMENT—/
S?'
7q Z N7 51 55, i, 702 187' LT. STA " C" 51+ 90 255.80,
2'
e 40'
PER 36 LS 79, SHEET 3
S84' 25' 40" E 669. 16' 563' 25' 22" E
64.28'
q
SUNDIAL BRIDGE DR.— C HWy, 44 (FORMER ST. HWY. -----
CURVE DATA
C RADIUS DELTA LENGTH
Cl 330. 00' 12° 46' 38" 73. 59'
C21240. 00' 06° 30' 00" 140. 67' NOTE
C31330. 00' 06° 30' 00" 150. 88'
C4 300. 00' 22°05' 59" 115. 71' BEARINGS ARE BASED ON THE ORIGINAL TURTLE BAY GROUND LEASE DATED JANUARY 7, 1992 WHICH IS 36 LS 79 ROTATED CLOCKWISE 00° 07' 00". ALL DISTANCES SHOWN ARE GROUND.
RADIAL BEARING DATA
THIS MAP IS BASED ON RECORD DATA AND DOES NOT REPRESENT A R BEARING SURVEY. IT IS INTENDED FOR USE AS AN EXHIBIT FOR THIS LEASE R- 7 S 39° 50' 06" E ONLY.
02 N 52° 36' 43" W
73 N 37° 23' 17" E
74 S 30' 53' 17" ` J AREA OF LEASE( 9. 76 ACRES)
R5 N 37° 23' 17" E
76 S 15° 17' 18" W
ENGINEERING DIVISION LEASE SITE
tmil
o CIVIC AUDITORIUM
PORTION OF APN: 102- 020- 015
SEPTEMBER, 2021
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Packet Pg. 790 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the
EXHIBIT E
MAINTENANCE COMPLIANCE SHEET
In accordance with Exhibit D " Equipment Maintenance Schedule", maintenance was provided for the following equipment in the month of 20
Initials Description Date
Pneumatic air compressor
Hot water motor& pump
Hot water motor& pump
Cold water motor& pump
Cold water motor& pump
Hot water recirculating motor&
pump
Hot water storage motor& pump
Forklift# 105
Forklift# 106
Restroom vents
Handicap doors
Check wheelchair lift
Check bolts& nuts on all seats
Servicing of the stage roll- up door
Clean heating and cooling vents
Check water heater
Cleaning of grease traps
Seal entryway beams
ChubCo Oven
Balcony lift
Signed
Date
Packet Pg. 791 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center Technical & Stage Inventory Stage& Technical Serial Number Equipment Retain Replacement Equipment
Model Number
If Known Location
Condition
Discard Value
FOH Sound Console Allen& Heath GL3300 L3K3M32A002570 Booth ..':' --:.---,:;:::BR 7, 500 Lighting Console ETC Express 48/ 96 41797EXPS1747 Booth C R 7, 500 Compressor/ Gate/ Limiter DBX 166XL V 1005265 Booth A R 340 Compressor/Gte%Limiter DBX 166 7716655243 Booth A R 340 Compressor/ Gate/ Limiter DBX 166 C6797 Booth A R 340
Comproessr/Gate/ Limiter. DBX266XL IIV 27017 BoothAR ' ,.:$ 210 Compressor/ Gate/ Limiter DBX266XL IIV 24895 Booth A R 210 Compressor/ Gate/ Limiter` DBX266XL IIV 24891, BoothA R.. 210k Dual Effects Processor Lexicon MPX550 1004 Booth A R 400 Dual Effects Processor TC Electronic' s M OneXL s W 3524932 Booth A R 560 Dual Effects Processor TC Electronics M- OneXL 3524075 Booth A R 560 Dual 31 Band EQ Ashly. GQX3102i'- 703. 9397 Booth A ..• •, R 775- ..
Single 31 Band EQ Ashly GQX3101 701- 5187 Booth A R 475 Power Supply Ailen& Heath RPS 9
s' 120835569: Booth D D: 1, 100
Condition Legend A= Like New B = Minor wear& Tear C = Scratches may have some parts missing still functional D = Parts Or Needs Repair
Packet Pg. 792 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the I
Exhibit F - Redding Convention Center Technical & Stage Inventory Serial Number Equipment
Condition D scar
Audio
Stage & Technical
Model Number
If Known Location
RetainisrRnetpvlaacieumee
Equipment
Audio Analyzer DOD RTA Series II N/ A Booth C R 295
r'!'-'-::''''-''".•..1:-''.''.;''. 4:':.::.:'.'....
ii'''..:' ,: i4iA ....:.;-,: cf--.. P1§-'-,.. i':::,:i:,-,. - Booth -.,:•,,..!-.,:.... 3 ----: 7,-;•-•'-.:' 7,-...•.., .. . , L,-.,_-,.--!,-•,;.,,:. - oVVer,-Conqitioher, *• Furman" '„:,:: C 230
34-,-:,•,-.i.:-:.„,,'. .,,'----,---• ---,,-' - - — - '
Genz- Benz N/ A Booth C R 675
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s:--':• -:•; E
19" Equipment Rack
9 5
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37 IiteFCOft: v9W0(4§ Y9_ 1" 4e16ar5: - ?$24. 1A-001220 Booth PbPth C R121uk•,'
J,.,',!.,.
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InterCom Station ClearCom MR102A N/ A Booth D R 325
InterCon: StaffOry- • ; CHea1190m.„..MR, ,. . •;., Booth D R 325 InterCom Belt Pack Production Intercom BP2 N/ A Booth D R 314,., .,, , ,, ., ,..,,,, t;
r,,,,.., -
9 f-, •''-,--- f---,-;-, 7i',5''----'- • .;- 1Pr8cluetidil' iritere. .,....--,„,,,,=-;::,-,.. .-,,,:.
N// kv:9-' ,-,..-- iif” 7 4:'::- 1 nietc, 0 M.'171e0§, .`...:!'", ' '...:
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lt-:;-..-, F-..,.,.! c':k:, ClearCom 6.,.0..e1 4-,
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N/ A:.'-.:-• -I,:-'-'„,?'
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Bc' 6t.h..-::," v''' R 300'.'....'::"';':- i,'4/.
Follow Spot Strong Super Trouper 92277 Booth B R 12000
Xenon 2000W
e,,-.:. -----,-.,,,'-;%•.-.. i---', lt'.::-„,"';',
Follow Spot
St106diS6b6e i':,:'''',: ' .:,•,
92? 86‘..:....: --T: 1- T'::'-- 42000
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X4hon-? 0(DOVV,,,.....,:.•-•,:-.,.,•,,,,,,, .--,• - - • Follow Spot Power Supply N/ A 2083 Booth B R 3000
Follow 6:::-,::::-,: s : w,,:,: pot Power Supply ;:.:.: --:-' .'.:,(,.;,:,,;'••,,,,',..,-:',,::...,:::::( i„,7Ti.".,:;- 30017:i,,,,.:
1,: ic-:-',.,,!'.::: 2!?,:7::::,,,:::•••.`:::....,,:,:. 1 „,;,;::...;:::.- 4::;%::;:: f::::-.,,_ -:-..:-:•,;&.',,-:::':.:',: 1:! ,•,:,6,.,- ; ..i,:: iic7: ::,„:.-:?..,--.;:::-.: leaom,:"' ' ','''' ;.!::),';,. 1' 89'''''- i i,411N'',.;.: T•...,",'; 5",iN/ ANI-,,":..'"-" --''' 0''' ' : 139-oth,:• `::::-. 1-:--,:. .!"-',.::::::-'-'-,:-, • : ,:-' .'' -'' ""'' ' ' ff.,',>;•'''"';',;',":,";:;" 4-T,"=';''' „
t:..-" F1,:' iiii6i- dii-i-,iHeWS:Pt:-, i.,;''' SeneSII- , - ,,-,..--.- Mixer/Amplifier Bogen CT- 60 J- 55 Booth D D 50
Condition Legend A= Like New B = Minor wear& Tear C = Scratches may have some parts missing still functional D = Parts Or Needs Repair
Packet Pg. 793 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center Technical & Stage Inventory Stage& Technical Model Serial Number Equipment Retain Replacement Equipment Number If Known Location
Condition
Discard Value
Walnut Finish Printer Stand N/ A N/ A Booth B R
4,Drawer, File Cabinet Steelcase City, ID` Tag 03206 Booth B R 3) 4ch Inse t Snakes Hoes N/ A Booth B' • R
2 Plastic File Cases Green/ Tan N/ A Booth C R
26 Follow Spot Gel Frames N/ A N/ A Booth C R
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 794 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F- Redding Convention Center Technical & Stage Inventory Stage& Technical Serial Number Equipment Retain Replacement Equipment
Model Number Condition
If Known Location Discard Value
Audio Power Amp QSC 4050HD 080430951 ' ' . Stage Bs ' •- R - ,- Audio Power Amp QSC 4050HD 080430952 Stage B R
Power Amp QSC 4050HD 080430956 Stage „, t.,--:,-. Ba ,...•, R;;,-....-y..?...;‘,.;„:...,., 4;......;-. 1i; F °'
Audio Power Amp QSC 4050HD 080430955 Stage B R
Audio Power Amp 055 4050HD. 080430950 Stage;; B'' , R'.' Audio Power Amp QSC 1850HD 010826406 Stage B R
Audio Power Amp - 0801850HD; 010826241. Stage: C R'
FOH Speakers Mid/ Hi EAW LA460 335811 Stage C R
FOH Speakers Mid/ Hi ` EAWLA460 `: 335808 Stage ' F C R FOH Speakers Mid/ Hi EAW LA460 335809 Stage C R
FOH Speakers Mid/ Hi EAW LA460 . • 335810 Stage: C;' R . , FOH Speakers Mid/ Hi EAW LA460 332413 Stage C R
FOH Speakers Mid/ Hi EAW LA460 335536 Stage C" R
FOH Speakers Subs EAW SB218z 335859 Stage C R
FOH Speakers Subs EAW SB218z 335868 Stage'' . C' R.
DSP Speaker Processor EAW MX8750 300590 Stage C R
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 795 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center Technical & Stage Inventory Stage& Technical Serial Number Equipment Retain Replacement Equipment
Model Number Condition
If Known Location Discard Value
Dual 31 Band Graphic EQ . Ashly_GQX3102 703- 1556 Stage C Ra` Graphic EQ 31 Band Yamaha GQ1031 GX01039 Stage C R
Graphic -.6:27..Band Peavey EQ27CA510239 Stage C R
Graphic EQ 27 Band Peavey EQ27 CA716156 Stage C R
Audio PowerAmplifire 1 Yamaha P1250C PZ01006 Booth C"-{ R Audio Power Amplifire QSC MX300A 99906341 Stage B R
Audio Power Amplifire Yamaha P2700 Q001059 Stage C R
Audio PowerAmplifire Yamaha P2700= QL01059 Back Room C R Metal Equipment Rack For Monitor Audio System N/ A Stage C R 2or 3 way•Active• Crossover Ashly XR1001 G11- 8067 . Stage. C.,:..;.,!..-...,- R 2 or 3 way Active Crossover ElectroVoice EVT EX18 1040076 Stage C R 2;Metal Speaker Stands Atlas" N/ A Third Floor ' 6 C R
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 796 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center Technical & Stage Inventory Stage& Technical Serial Number Equipment Retain
Model Number Condition
Discard Replacement Value
Equipment If Known Location
Small Parts Box Klien Tools N/ A' Backroom ; C R
Microphone Snake Cable Whirlwind;,32X10 225Ft N/A, Booth/Stag B R Curtain Control and Motor H& H Specialties 462 N/ A Stage B R K 12! 220V Extension Cables 70FT N/ A = Third Floor B R 10`FOH 5 De 9ree Sta99eli" hts' Altman, 1 KL8 N/A':- Attic D R 8 FOH 12 Degree Stagelights Berkey/ Colortran N/ A Attic D R 4 FOH` Stagelights . Altman.360Q 6X22 N/ A: Attic D R
16 FOH Par64 Stagelights BeCirkey/ ColortranneQueen N/ A Attic D R 14 3pin Extension Cables 10Ft N/ A Attic D R
4 3prn Extension Cables
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 797 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F- Redding Convention Center Technical & Stage Inventory Stage& Technical Serial Number Equipment Retain
Model Number Condition Replacement Value
Equipment If Known Location o sea d P
ai 3
16Scoop- Lights ``, " Altman 14 . N/ A ; Stage B • R
5 4cell Cyc Lights Berkey/ Colortran
N/ A Stage C R
SkyCyc
24 8 Fresnel Lights Major Corp. _ N/ A Stage - D D
48 Par can Lights L/ E Par64 N/ A Stage 24 A 24B R
12 LekoLights Altman 3600' 6X16 N/ A Stage '. D ,' R
18 Leko Lights Altman 360Q 6X12 N/ A Stage D R
18 Leko Lights Altman 3600 6X9' _- N/ A Stage D ' R
18Ft Step Ladder On Wood Rolling Base N/ A Stage D D
Cyclorama 30Ft X 60Ft Sky Blue N/ A Stage D D
2 Grand Drape Panels 30Ft X50Ft Green ='. N/ A Stage . C ,.- R 2 Drape Panels 30Ft X 50Ft Black N/ A Stage C R
1 Grand Valence . c15Ft X`.85Ft Green. N/ A Stage C R
5 Teaser Drapes 15Ft X 60Ft Black N/ A Stage C R
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 798 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center Technical & Stage Inventory Stage & Technical Serial Number Equipment Retain Replacement Model NumberCondition
Equipment If Known Location Discard Value
4. k.',
1611p0f.?ze--,-;' Stgearps'(6..-10) 13F_..," t'':X, 2il4kt. B.--, ia,.,k,..'.'-....' N/Ai,-,.;', A
Sta§
E.2.-,.;.-- -,,,.-P.-...;,:-,'.,-,--.
R
12 Stage Drapes 13FT X 30Ft Black N/ A Stage C R
Fly System '• . .,. .-- PEFM, Ifigtall_Stage',. '- . -, •'':.-:.;,N/ A4:::;-. 1- 4-.'-:.'•. - ,' Stade,1.-,':-',;-''''-''-':% '-',; 13''':" '. '...,, R Fly System Counter JR Clancey 6000Lbs N/ A Stage B R
Weights
Lt',,,e.R.::.,:
r-.-„,..--,,-,-,...:,-,?-
4--,,,,,-.:,.,,..--.,,, J.,....-:-.-.-! '.,-.,', '',::::',;.--,,-,' SV.,i1-07:--y.i,-,f.,,,j,npl,• T--:, r,.',
Y,; 5' ErMi' V."'`'''',,''',-. r'. 4'.': '-''' 1.1.:'-'.'''' TJ'''.'' 19.i:9';IV'''4-' aifi!,:17.-. 1%,-,''' ,.:i. :.i''''''.','-.;.- 1-. '14,_6--:-- Y2--ZMI-Vc,',",..'.. ;`,! 2, 1. 1..,,'.. 5 11: 2'..f:alick Music Stands 4'.4 ', Manhasset/ Peavey y.,-,., .-.,.--:'.."-:-. 2"_!,- ,:! ,'-'-':„..- N/AStage 4_;-.'•:'-' j ''',!'!_gr'-','''; : rf,..;,,,, :'..i:111, 7:- :'..,'''',.,; : .:?, ..-:-.-- 7., 4 Music stand Lights N/ A N/ A Stage C R
2 15Ft Lighting Trees N/ A N/ A Stage B R
171eqpipt! -..-.;•- 7: .... 1`:..__,:. Telpx, Y2? 0 . ',.' : . . N/ A Stage .,: i:.'.:.-'----,'-.'-.- '.' R Anchor Audio Single
2 Headsets
Muff
N/ A Stage R
A66i6rA6---d-'-i60-.----- 66--•• bre '.- .; ,.•-.-. 1-•'.. ie-- -" ' 5 Headsets N/ A Stage R
Muff
2 Intercom Belt Packs ClearCom 501 N/ A Stage R
2 Intercom Belt Pack - - CleaeCottiiARS --,- 7, , '. • '."-::-. NiA--`,. i:',."---'''' -'-;:'- Stagef; ;',---7,•---.;-j-_,1-_-::::';--,-- k - ,. 3...J- iR 6 Canvas Hampers Dandux 3X4X3 N/ A Stage B R
2WbEid,"rIbt4DcillieS -'. Custom Built In House --'';'';',-. 17,c.N/ 1V---,;,me--If - P'-,';,',•'., iStage.'''''' ' B,'''-, ,-,*,, R.,;-J.,;,. 10 XLR Cables 25Ft N/ A Stage R
Dn4X-',5Piti-.) ILWCpble5k., TT,',',-,.., 2,-', '',', , ' .,','-' , .7• N/ A'') i,:ff::17-.:::' ---"--!,: Stadr-:;:-.----:'-'''',-,-'' ,- R 2 2 Drawer Metal
with Various Cuts Of Gel N/ A Dimmer Room B R
Filing Cabinets
6 Drawer Cardboard'±-,---.. .;--,
With FUll."ShpetS- Of Gel' .-, '' ,:,....", N/ A- i'41-;,.. Dimmer Room ----:-;!:',- C--2,:,--,:',..,, iR
Fiber: JFiliri ,-..(jat-iinet ..',. -,'..-------,-,,,---..,--. 1-,' .,..:' :•; . .. ';,' r.- z----
7,,,
H1.. ,,,...,..,-,:;.?,-'-',. i..X`f,i---:,,,-,',..',,,,,. ,,-. • 7 Cardboard Gel Templates Custom Built In House N/ A Dimmer Room B R l t I Ro
v\litrailsiu' eghi:Whiie":1- 6j6• ' Cu tom,..,, u!„.; ,, i,-1- Ho...19.L,•)! .:. :.„;:„ N/ A -- , Din390j11: 1, Mefi)
1. R
Oscilloscope Heathkit EUW- 25 7- 1186 Dimmer Room C R
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 799 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center Technical & Stage Inventory Stage& Technical Serial Number Equipment Retain Replacement Equipment
Model Number
If Known Location
Condition
Discard Value
Assorted Gel Frame Spares NIA N/ A Dimmer Room B RMisr Small Dimmer Parts In Cardboard Box N/ A Dimmer Room C R 1 Box Misc Dimmer Parts SCR' s/ Insulators N/ A Dimmer Room C R 4 Allen Wrenches Various Sizes N/ A
s Dimmer Room = B • R
Grounding Cable 25Ft With Clamp N/ A Dimmer Room B R
With Twee Co
1 Sets Wire Tads N/ A Dimmer Room B R
Connectors .' z,
2 Grease Pencils N/A N/ A Dimmer Room B R
M k
1 Pair-Scissors N/A N/ A Dimmer Room B+ R
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 800 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center Technical & Stage Inventory Stage& Technical Serial Number Equipment Retain Replacement Equipment
Model Number Condition
If Known Location Discard Value
Stage Monitor Speaker Yamaha CM15V 21) 0N01130 Back Room B R StageyMonitor Speaker Yamaha CM15V 21) 0N01129 Back Room B R Stage Monitor Speaker Yamaha CM15V 21) 0N01145 Back Room B R Stage Monitor Speaker Yamaha CM15V :( 21) 0N01'110 = Back Room B, " R Stage Monitor Speaker Peavey 115CX 5E2270278 Back Room D R a Stage,*Monitor Speaker Peavey 1545M` 6E02747237 Back Room D '-, R Stage Monitor Speaker ElectroVoice FM12- 2A 1700071259 Back Room D R Stage Mondor Speaker ! ElectroVoice FM12- 2A 4: 1700071263 ',..,;;; Back-Room D ; R; t 1 Speaker Stands N/ A N/ A Back Room B R
4 Spring Clamps N/ A N/ A Back Room R
SHUS` Dist-Tag Variable Power Supply 7;. °; g Back Room :.:. 7:7,',:!-,..,,;- 4-.-.--", D ` i;,....,.:.;,.';,::' R-; 0277.1'
3 Boxes Misc Parts Altman 360Q 6x Lekos N/ A Stage D R
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 801 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center Technical & Stage Inventory Stage& Technical Serial Number Equipment Retain Replacement Model Number Condition
Discard Equipment If Known Location Value
6 Instrument Mics Shure SM57 N/ A Back Room B R 124 ea
8' Vocal Mics Shure SM58 N/ A Back Room 2A 6B R 124, ea 1 Vocal Mic Audix 0M5 256067- 332 Back Room C R 235
y" 1 Direct Boxes ProCo AV 1 N/ A Back Room C •: R 173
k a,...... x Wim: ..... a- '. .:- . a. L. .... 4 ,., _ i.- n. . x,..... , 2 Direct Boxes Horizon N/ A Back Room C R 65 ea
Vocal Mic ElectroVoice RE16': 7923 Back Room ' C R 407
Instrument Mic ElectroVoice RE15 7212 Back Room C R 379 Instrument Mic ElectroVmce RE15-' 7212 Back Room C ',-.',.:' Rt,,":..'`''''. 4- 4.$37.9-- Instrument Mic ElectroVoice RE15 7740 Back Room C R 379 Instr'urrient Mic `_ ElectroVoice RE15 _ 7740 Back-Room - C R 379' ' ` Instrument Mic Audix i5 156100- 177 Back Room C R 150
Instrument Mic Audix i5 . r.-,',,''';‘:;. 1-..74..i-ii,‘ i,
156100 180: ` Back Room rte': ;C `", : R!..",(..,.. .:?..,; t41.,...R!'.-'4-2,54 ::.:„,..'.:','° $ 150 Drum- Mic Kit q ,. ,: Shure PGDMK6 N/A Back Room B R 422 Condenser Mic AKG C451 EB 556947 Back Room B R 799
Condenser Mic y AKG C451 EB 557265 Back Room ' B R 799
Condenser Mic AKG C451 B 26640 Back Room B R 799
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 802 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the I
Exhibit F- Redding Convention Center Technical & Stage Inventory Stage& Technical Serial Number Equipment RReplacement
Equipment
Model Number
If Known Location
Condition
DRi
Value
Instrument , MicSennheiser MD,-4-2_,1„41--, 1-::. ' 201412 Back Room B ` R ;$ 570 4 3" Desk Stands( mic) N/ A N/ A Back Room C R
47 Desk Stands( mic) : DSZ N/ A Back Room C R s
1 away Power tap Orange N/ A Back Room R
4 6 Flexible' Mic stand
N/ A N/A ,, i ° Back Room D R
Adapters
4 18" Flexible Mic stand
N/ A N/ A Back Room D R
Adapters
118" Floor Boom Stand( mic) ., N/ A N/ A Back Room D R
1 18" Floor Stand( mic) N/ A N/ A Back Room D R
4 Choir Mics
AudioTechnica
N/A Back Room C R
Uni- point AT853A
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 803 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center Technical & Stage Inventory Stage& Technical Serial Number Equipment Retain
Model Number Condition Replacement Value
Equipment If Known Location Discard
1: 136i< Py( t0174010f. r.:s. 7, -,,-:-,:-:::''' ..::-' 41.-';' 1'''''''. --':',.' 1; 4;:
i-i4P%-"ZT--,:-. 1''-::-, t ;: 1,-, 6.1, Y,.,::-.:',' 7-,!.:i.:,,,, i;:,-' f':::;',,,,,,;-•:';', 4-:::1, : qr,-..:,-. 2,•4:4'.';:---te''':-. 1?,5';, ki .',_,. ,..,,::.''''',-..!..'.:,-.', F-;:l.
N/ A-.;',;. v-.4'.:fii.te•:-. 1 r'.... k7.4i•-:i2-..-:-.,. 1..:N/ A:-.,:,-„,',:.,::-. a il.ii-i!"Under Stairs' i.. tii'ii-ii-',13i,i`i-iiiiir.--i- r;idaRtiViS
T1. WI V4.0',','-'-: 7,:',,,t:',7:
1c5: PrtiprktciptObo... BO§ bidorfer:;,, Stag'e ::,...
74.1.-- f-''
A:':,.',
1'.: 7;-:
R-' 2'30;'000
Stage Dimmer System ETC Sensor Dimmer Room A R 115, 000 Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair
Packet Pg. 804 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center General Inventory Serial Number Equipment Retain Replacement
Total
Item Qty Model Number Replacement
If Known Location
Condition
Discard Value
Amount
s
Fire Cabinet 1 Grainger Paint Rm By 4' t $ 980 ea 980 00 ; Storage Cabinet 2 Grainger Paint Rm C 313 ea 626. 00
Black` Cabinet 1 4 Paint Rm x x
B : ,; ' $ 25sea 25 00 '-
Caution Placards ,'. 5-. ; -.. Paint Rm A`. 25 ea '.. 7,i.,125:-00,' Cable Covers 21 Checker Paint Rm C 115 ea $ 2, 415. 00
12. Ladder ,'._-",,.. 1:,- Werner Grainger Paint Rm : B- 492• ea 492 00 8' Ladder 1 Werner Grainger Paint Rm B 175 ea 175. 00
40' Ladder 1 Werner Grainger Stage B 1050 ea $ 1, 050. 00 Small 16" Stairs 2 sets
Manufactured
Stage B 20 ea 20. 00
in- house
Wheelchair Phone Rm C 350 ea 350. 00
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair Packet Pg. 805 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center General Inventory Serial Number Equipment Retain/ Replacement
Total
Item Qty Model Number
If Known Location
Condition Discard Value
Replacement
Amount
4 z' 8 Riser. Platforms ' 20 Uersalite Stage t } B 635 e'a $ 12 700 00 15" Legs 120 Versalite Stage A 15 ea $ 1, 800. 00
7-. L-egs If 120 Uersalite Stage A 12 ea r $ 1 440 00
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S:. a:. ..-':' r.,. ,;... . a - Ar f v1,. _. > .».,.,.... __.i .. .. • xq... r.....
Riser Cart 2 Stage B 575 ea $ 1, 150. 00
Scaffold 1 Aluminum 3 tier Stage 1850 ea $ 1, 850. 00
Condition Legend A= Like New B= Minor wear& Tear C= Scratches may have some parts missing still functional D= Parts Or Needs Repair Packet Pg. 806 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Exhibit F - Redding Convention Center General Inventory Serial Number Equipment Retain! Replacement
Total
Item Qty Model Number
If Known Location
Condition Discard , value
Replacement
Amount
Freezer- Upright, 3
1 TRUE Kitchen A 5, 000 $ 5, 000. 00
door
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Food Warmers 2 Carter- Hoffman Kitchen B 3600 ea $ 7, 20:,1,00,, Coffe Urhs Seco''''-':''''''-'!"''"'692354/.,•8/ 8. 7:-.;,..„.„ i„.;-: Kitchen..r„„,..,- 7,„,„.,,,,,. 77...„ C.. i....,..,,,-. -,,..,- -,,,, , $.__ 0„ ea. :.. 7-.:
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Serving Carts 2 Titan Kitchen C 215 ea $ 430. 00
Dish C- iis-', tciidn 661 ea 00. 7., t.„„„'" i,,-' 7.-„.}.. 3'.i.',.',:-....'; ',.;„",,, i,.:•;,f,7"iTitan/ A,:i474-1„#,.. 7-,•27,..q,-,,,,zg,li-lq,,n•:$,-, ,.-•: „. e, 4.. ,,,..,- i.. J„,..„ Gas Ovens 6 Vulcan Kitchen D D $ 250 ea $ 1, 500. 00
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i ., ii.. ..,7.,„ .. 1.7A.,, Tv-.'.-.i.„, r..,,,,, ... . f.,i,,,,.. i,,,,..;,, y:,4,34„ I-1,4„..f,44-,,,,,,,!., 0„„4.,61,•..,:t.;:::„ 4,,.-. 7.; iKitehen,•,,,r.,:„ 4,„„,•,,, D,.,,.,,. 4. , A...„.„:,.,...„..„...,,,,,,,,,.,•• „,....,,, A.,,,,,,,,-,,,,:.,, Work,. 1.". .. .::: Z.1:,':::,:,:-::::::,:..--•:,.,.:„;; 7.:::•:,:::.;...;:::,,,?- 1; i7,:,::: 7;i:;.,. . V .-".- tl!..11, ..'...' ii. e..,..., 17,J15::.,'... i:....,.::, $ ee,.:i•6. : 1 i;...:., jIb00,.;(A....! 0010s'..!.cy.?. .:,....; i.,;„.. .,.,;,,. ....,„:..,.. 9. •::,,,*. 7.7 L.:.:;. i:•:!.:;;.. i:,•,,,,,::, .., 4 . .,,, 1zt,„!:t Kitchen C' Jr-,,,•:"--,:.•'. at,, j,•,:.:„.,....,,.!„...,..„;,,. n .. ,.!,. ,;,,„._...,. ,., ,„. 24,:•,•;•'-„!: 4,„,•',.,,," r,1• Tables',,,,,,...`,,.,:, :•,...:,.:;,:. .,. 4:.., .,,,,.,.•..,,,,,,,,,•••,,..,..-...„. ,,,:„,... .....___.„,...„,..._. , 7„ ,? 1,,,,,,AT.,- 4,, ,. .. 4•.•,,,,,,.. .„,•,,•. e.,,,,vta:R-,,,,,,,,,-,,,,, ',•-:,,, k--- -- ,• • .-- • 8' Wood Chopping 3 Kitchen C 1300 ea $ 3, 900. 00
Block Tables
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s/ s racks and plate 4 Alto Sham Kitchen C 3260 ea $ 13, 040. 00 covers
EleCtrici, StearnTab' Kitchen 2' 185:Y00.- le. !:,•'... 1./:; 11.',.,:T.7 !, 7;..,;,,,,,A. 7.,,, i,:.,,,i.A,/. ..;„..!„.,..., 4,.. .. ,..„.....-..., 7,.,„,,.,... iii.q.,.,„..„. 7.i,„:,,..,,,,,,„,•„„.--.„,•- „ -,.....- ..
Carving Stations 6 Alto Sham Container D D $ 1600 ea $ 9, 600. 00 H.„...,,..,...„,,, „. 4....„,.,,..„.,1,.,,.. ..„,•,•.,:„..:,..., i,,,.., z„,,,,„ 4.„::4?
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EXHIBIT G
MANDATORY OPERATIONS CRITERIA
1. All rental agreements for the Premises, or any portion thereof or the use of the equipment provided by City to Tenant shall be in writing and shall be executed by a representative of Tenant who has been provided lawful authority to legally bind Tenant.
2. Tenant shall require that all rental agreements of the Premises for events include the following language:
Lessee hereby waives any claim against and shall indemnify and hold harmless the City of Redding, its officers, employees and representatives from any damage to the premises, fittings, equipment, building and furnishings of the Premises, inclusive of the Civic Auditorium and all ancillary improvements and landscaping, during the time the premises are used, occupied or under the control of the Lessee and against any claims of any and all persons for injury to persons or damage to property occasioned by or in connection with the use of the Premises, or any part thereof, or any equipment by Lessee its employees or agents.
3. Tenant may prescribe the forms of tickets, accounts, records and reports to be used in accounting for gross receipts in connection with percentage rentals. If civic organizations or other lessees elect to sell their own tickets, they shall do so at the discretion of the Tenant; and the Tenant shall have the right at any and all times to make an investigation or inspection of any or all of lessee' s tickets, accounts, records and reports for the purpose of verifying the amount of the receipts on which the percentage is based.
4. Tenant shall not permit a lessee to injure, mar, or in any way deface the Premises or any equipment therein, and shall not cause or permit anything to be done whereby it is in any manner marred or defaced, nor shall lessee be permitted to fasten wires, nails, hooks, tacks, pins or screws about or in any part of the Premises, nor shall lessee be permitted to make or allow to be made any alterations of any kind therein.
5. Tenant shall require all lessees by contract to pay to Tenant, on demand, the sum Tenant reasonably determines to be necessary to restore the Premises or equipment to its condition prior to damage in the event such Premises or equipment is damaged, marred or defaced by the act, default or negligence of the lessee or the lessee' s agent, employee or employees, patrons, guests or any person admitted to the auditorium by the lessee. Tenant shall require in said contract that such damages may be withheld, or set- off, from receipts due to lessee or that such damages may be recouped from a deposit made by lessee.
6. Tenant shall require that each lessee take the Premises in the condition he finds it, and in the event any lessee finds it necessary to remove or to change the location of any stage rigging or equipment, the change shall be made at his expense and lessee shall agree to change all of the stage rigging or other equipment back to the condition in which it was found. No lessee shall Packet Pg. 808 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the erect, remove or change any stand, platform, railing, booth, partition, enclosure or other structure in the Civic Auditorium or make any utility connection until and unless a plan or description thereof is filed with, and approved in writing by the Tenant.
7. Tenant shall require that each lessee use the Premises and every part thereof only in keeping with the design and purpose of the Premises. Tenant shall require that lessee will keep the Premises in good order at his own expense and the lessee will suffer no waste to be made of the building fixtures or furnishings. No portion of the sidewalks, promenade, entries, corridors, lobby or aisles shall be obstructed by lessee.
8. Tenant shall reserve the right to remove all equipment, merchandise, property, debris, etc., of any lessee immediately after the expiration of the lease, at the expense of the lessee, or, in the alternative, to charge rental after the expiration of such lease. When the time for which rent has been paid expires, all heat, electricity and water may be shut off by Tenant unless arrangements have been made in advance by lessee for the payment of additional rent to be paid by lessee, prorated on an hourly basis.
9. Tenant may permit any lessee to sell items, which are specialty items peculiar only to the performance, such as novelties, librettos, programs, flowers, etc. Tenant may contract to take a percentage of gross receipts if such permission is provided to lessee.
10. Tenant shall require that no lessee may assign any lease of the Premises, or any portion thereof, or any rights under the lease, without prior written consent of the Tenant.
11. Tenant shall retain the right to enter the Civic Auditorium, or any part thereof, at all times during the period covered by any lease contract. The lessee shall not be permitted to place any additional locks on doors.
12. Tenant shall require that persons employed by lessee to handle stage sets, sceneries, rigging properties, lighting, sound equipment or to perform other work of specialized or technical nature, including ushering and other duties, be experienced and competent and in every respect qualified to perform their duties without jeopardy or hazard to life or property or equipment and the qualifications of all such persons shall be subject to approval, rejection or dismissal by the Tenant.
13. Tenant shall require that each lessee of the Premises, or any part thereof, shall employ at his expense sufficient police protection for any event as in the Tenant' s reasonable discretion is required to protect life and property, and to insure proper respectable use of the Premises.
14. Tenant is authorized to forbid entrance to or to reject from the auditorium any objectionable or disorderly person. Tenant shall require lessees to waive any claim for damages against the City of Redding, or its representatives, for any such action. No part of the auditorium shall be used by or rented to any person or organization advocating the overthrow of the government of the United States or of the State of California by force or violence nor for any meeting likely to cause or contribute to riot, breaches of the peace, destruction of life or property, or for use contrary to the public health, safety, or good order. Tenant may investigate and inquire into the Packet Pg. 809 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the general reputation and conduct of any individual or organization desirous of using the Premises or any part thereof, and if upon investigation, Tenant is satisfied that the individual or organization is likely to cause or contribute to riot, breaches of the peace or destruction of life, or property or that contemplated use would be contrary to the public health, safety, or good order, Tenant may refuse to rent or permit the use of the Premises or any part thereof to the individual or organization. This Paragraph shall not be construed by Tenant to excuse performance and compliance with any term or condition in the Lease Agreement requiring non-discrimination.
15. Every use of the auditorium or any part thereof or any equipment therein shall be in accordance, and shall comply, with the provisions of the Redding Municipal Code, the statutes of the State of California and the United States of America and the Tenant may discontinue any use of the Premises, or any part thereof, for failure to comply with or any violation or threatened violation of any of the provisions of this chapter until such time as satisfactory compliance is assured.
16. Tenant shall make no modifications to the exterior or interior of the Civic Auditorium without prior approval from City.
17. For purposes of Tenant subleasing the Premises to the Church for the Church' s ongoing regular use of the Premises for its educational activities, Tenant shall limit Church' s parking to the South parking lot( s) and enforce the same with permitting and fines.
18. Tenant shall in no way state or otherwise imply that the City of Redding in any way endorses or sponsors the religious activities of any of Tenant' s sublessees or authorized users. Tenant shall not permit any religious symbols to be displayed on the exterior of any Improvement on the Premises. Tenant shall require that any religious symbol displayed on the interior of any Improvement be removed from public view when the Premises are sublet or otherwise opened to the public for a Special Event or for an event not sponsored by the Church or another religious organization.
Packet Pg. 810 Attachment: C-5682 - Amended and Restated Lease Agreement - 2021 - Advance Redding (1) (9.6(c)--Consider Financial Assistance for the Packet Pg. 811 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 812 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 813 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 814 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 815 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 816 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 817 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 818 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 819 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 820 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 821 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 822 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 823 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 824 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 825 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 826 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 827 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 828 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 829 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 830 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 831 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 832 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 833 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 834 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 835 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 836 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 837 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 838 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 839 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 840 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 841 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 842 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 843 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 844 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 845 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 846 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 847 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 848 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 849 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 850 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 851 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the Packet Pg. 852 Attachment: C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding (9.6(c)--Consider Financial Assistance for the
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept Report and provide direction regarding the following options related to the Redding Civic Auditorium (C-5682):
(1) Allocation of approximately $675,000 through a grant or loan to Advance Redding for the purpose of assisting in covering operational expenses; (2) Deferment of lease payments of $5,000 per month until January 2026; and (3) Assign two City Council Members to work with staff and Advance Redding on development of a new contract structure to ensure the successful, future operations of the Civic Auditorium.
Fiscal Impact
In 2014, the City of Redding (City) received net proceeds of approximately $600,000 from the sale of property to The McConnell Foundation for the purpose of constructing the Sheraton Hotel. By City Council (Council) direction, the funds were deposited into a special account to be used for capital investment and deferred maintenance at the Civic Auditorium. Additionally, some of the proceeds from the Civic Auditorium lease payments have been distributed into this account. Between these sources, minus some previous expenditures, there is approximately $675,000 available. Therefore, should the Council wish to provide those funds to Advance Redding there would be no additional impact to the General Fund. However, future Civic Auditorium maintenance projects will have less available funding, and staff will be required to seek alternate sources.
Alternative Action
The Council could choose to not provide any direction at this time.
MEETING DATE: August 19, 2025
ITEM NO. 9.6(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.6(d)--Consider financial assistance options for Advance Redding regarding the Civic Auditorium located at 700 Auditorium Drive.
Travis Menne, Director of
Community Services
Packet Pg. 853 Attachment: 9.6(d) Consider financial Assistance options for Advance Redding regarding the Civic Auditorium (9.6(c)--Consider Financial Report to Redding City Council August 13, 2025
Re: 9.6(d)‐‐Consider Financial Assistance Options for the Civic Auditorium and Advance Redding Page 2
Background/Analysis
At the August 4, 2025, Council meeting, Advance Redding presented the “State of the Civic” to the Council. During that presentation, General Manager Julie Dyar, had two requests from the Council: (1) to use the $675,000 to assist Advance Redding with current expenses; and (2) work with Advance Redding to re-structure the existing agreement to ensure future success.
As background, the Amended and Restated Civic Auditorium Lease Agreement (C-5682) between the City and Advance Redding, Inc. establishes the terms for leasing the Redding Civic Auditorium from January 1, 2022, to December 31, 2031. Advance Redding is responsible for managing the venue, ensuring a minimum of 60 event days per year, measured on a three-year rolling average, and accommodating specific community events like Kool April Nites and the July 4th Freedom Festival. The lease allows limited rent-free use of the facility by the City for municipal purposes and natural disaster response.
The rent structure is variable to account for a major subtenant’s presence. Rent was $10,000/month in 2022 and increased to approximately $23,356/month in 2023, with cost-ofliving adjustments in 2023 and 2024. However, when Advance Redding received written notice that its subtenant, Bethel Church, intended to terminate its sublease, the rent dropped to $5,000/month for the remainder of the lease. The rent reduction acknowledged the financial impact of losing a major source of stable income that supported the tenant’s operational viability.
Beyond rent, Advance Redding bears responsibility for interior maintenance, utility costs, and capital upgrades to auditorium seating systems. The City retains responsibility for structural systems such as HVAC, windows, restrooms, grounds maintenance, and parking lots.
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
Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
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
Reso 2014-025
C-5682 - Lease Agreement - 2021 - Advance Redding
C-5682_Lease Agreement_1st Amendment Convention Center_Advance Redding Packet Pg. 854 Attachment: 9.6(d) Consider financial Assistance options for Advance Redding regarding the Civic Auditorium (9.6(c)--Consider Financial Packet Pg. 855
Attachment: C-10981 - Grant Agreement - 2025 - Advance Redding (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Packet Pg. 856
Attachment: C-10981 - Grant Agreement - 2025 - Advance Redding (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Packet Pg. 857
Attachment: C-10981 - Grant Agreement - 2025 - Advance Redding (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Packet Pg. 858
Attachment: C-10981 - Grant Agreement - 2025 - Advance Redding (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Packet Pg. 859
Attachment: C-10981 - Grant Agreement - 2025 - Advance Redding (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Packet Pg. 860
Attachment: C-10981 - Grant Agreement - 2025 - Advance Redding (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Packet Pg. 861
Attachment: C-10981 - Grant Agreement - 2025 - Advance Redding (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Packet Pg. 862
Attachment: C-10981 - Grant Agreement - 2025 - Advance Redding (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Packet Pg. 863
Attachment: C-10981 - Grant Agreement - 2025 - Advance Redding (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance Packet Pg. 864
Attachment: C-10981 - Grant Agreement - 2025 - Advance Redding (9.6(c)--Consider Financial Assistance for the Civic Auditorium and Advance
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve the following actions relative to providing financial assistance to Advance Redding for the operations of the Redding Civic Auditorium:
(1) Adopt Resolution changing the initial designation of capital improvements and deferred maintenance to the Civic Auditorium to the purpose of providing a grant to assist with operational expenses at the Civic Auditorium;
(2) Authorize the Mayor to execute the First Amendment to the Amended and Restated Civic Auditorium Lease Agreement (C-5682) with Advance Redding deferring the $5,000 per month lease payments until January 2026;
(3) Authorize the Mayor to execute the Grant Agreement with Advance Redding in an amount not to exceed $675,445.27; and
(4) Adopt Resolution approving and adopting the 10th Amendment to City Budget Resolution No. 2025-049 appropriating $675,450 for the Advance Redding assistance grant.
Fiscal Impact
In 2014, the City of Redding (City) received net proceeds of approximately $600,000 from the sale of property to The McConnell Foundation for the development of the Sheraton Hotel. By City Council (Council) direction, the funds were deposited into a special account to be used for capital investment and deferred maintenance at the Civic Auditorium. Additionally, some of the proceeds from the Civic Auditorium lease payments have been distributed into this account.
Between these sources, minus some previous expenditures, there is approximately $675,000 available. Therefore, providing a grant to Advance Redding would not impact the General Fund.
However, future Civic Auditorium maintenance projects will have less available funding, and staff will be required to seek alternate sources.
MEETING DATE: September 2, 2025
ITEM NO. 9.6(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.6(b)--Consider Resolution approving financial assistance for Advance Redding and approving a lease amendment for the Civic Auditorium located at 700 Auditorium Drive.
Travis Menne, Director of
Community Services/Airports
Packet Pg. 865 Attachment: 9.6(b) Consider Resolution Approving Financial Assistance for Advanced Redding and Approving a Lease Amendment for the Report to Redding City Council August 27, 2025
Re: 9.6(b)--Authorize Financial Assistance for Civic Auditorium and Advance Redding Page 2 Alternative Action
The Council could choose to not authorize the financial assistance or provide staff with alternate direction.
Background/Analysis
At the August 4, 2025, Council meeting, Advance Redding presented the “State of the Civic.” During that presentation, General Manager, Julie Dyar, had two requests from the Council: (1) to use the $675,000 to assist Advance Redding with current expenses; and (2) work with Advance Redding to re-structure the existing agreement to ensure future success.
At the August 19, 2025, Council meeting, Council directed staff to develop a grant agreement for Advance Redding to help support operations of the Civic Auditorium with a total value of $675,445,57. Furthermore, Council directed staff to waive rent payments until January 1, 2026, as well as establish an ad hoc committee of two Community Services Advisory Commissioners to work with staff and Advance Redding to develop new lease terms for Council’s future consideration. While amending the lease will take time, the grant agreement and lease amendment waiving rents can be considered immediately, and the relevant documents are included with this report.
As background, the Amended and Restated Civic Auditorium Lease Agreement (C-5682) between the City and Advance Redding, Inc., establishes the terms for leasing the Redding Civic Auditorium from January 1, 2022, to December 31, 2031. Advance Redding is responsible for managing the venue, ensuring a minimum of 60 event days per year, measured on a three-year rolling average, and accommodating specific community events like Kool April Nites and the July 4th Freedom Festival. The lease allows limited rent-free use of the facility by the City for municipal purposes and natural disaster response.
The rent structure is variable to account for a major subtenant’s presence. In 2022, rent was $10,000 per month and in 2023, increased to approximately $23,356 per month, with cost-ofliving adjustments in 2023 and 2024. However, in December 2023, when Advance Redding received written notice that its subtenant, Bethel Church, intended to terminate its sublease, the rent dropped to $5,000 per month for the remainder of the lease. The rent reduction acknowledged the financial impact of losing a major source of stable income that supported the tenant’s operational viability.
Beyond rent, Advance Redding bears responsibility for interior maintenance, utility costs, and capital upgrades to auditorium seating systems. The City retains responsibility for structural systems such as HVAC, windows, restrooms, grounds maintenance, and parking lots.
Environmental Review
This is not a project defined under the California Environmental quality Act, and no further action is required.
Packet Pg. 866 Attachment: 9.6(b) Consider Resolution Approving Financial Assistance for Advanced Redding and Approving a Lease Amendment for the Report to Redding City Council August 27, 2025
Re: 9.6(b)--Authorize Financial Assistance for Civic Auditorium and Advance Redding Page 3 Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• 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
^Resolution
^Budget Resolution
Advance Redding Grant Agreement
(C-5682) 2025 First Amendment to the Amended and Restated Lease Agreement Previous Staff Report - August 19, 2025, item 9.6(d)
(C-5682) 2021 Amended and Restated Civic Auditorium Lease Agreement (C-5682) 2012 First Amendment to Lease Agreement
Packet Pg. 867 Attachment: 9.6(b) Consider Resolution Approving Financial Assistance for Advanced Redding and Approving a Lease Amendment for the
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions relative to the City of Redding Panorama Park Project:
(1) Authorize the City Manager, or designee, to execute the Second Amendment to the Contract (C-9544) with NJ Associates, Inc., DBA NJA Architecture and NJA adding $186,050 to the contract for a revised total amount not to exceed $1,275,250; (2) Authorize the City Manager, or designee, to approve any amendments up to $127,500; and
(3) Adopt Resolution approving and adopting the 22nd Amendment to Budget Resolution No. 2025-049 appropriating $75,250 funds for the Panorama Park Project for Fiscal Years 2026.
Fiscal Impact
The City of Redding has obtained four grants for the Panorama Park project totaling $23.75 million. These grants include the Statewide Park Program (SPP) grant, the California Department of Food and Agriculture CRC grant, the Extreme Heat and Community Resilience Program (EHCRP) grant and the Outdoor Recreation Legacy Partnership (ORLP) Program grant. All grants are currently under contract with the exception of the ORLP grant, which is expected to be issued by the California Office of Grants and Local Services (OGALS) shortly. To continue progress and meet the construction timeline and design of the ORLP scope, the contract for design services with N.J. Associates must be increased by $186,050 to cover both the ORLP and EHCRP design costs. Both grants introduce new features to the park and require updates to the design contract to complete the construction plans. The EHCRP funds were appropriated at the June 17, 2025 Council meeting.
MEETING DATE: January 20, 2026
ITEM NO. 9.6(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.6(d)--Consider Second Amendment to the design contract (C-9544) for Panorama Park in the City of Redding.
Travis Menne, Director of
Community Services/Airports
Packet Pg. 868
Report to Redding City Council January 15, 2026
Re: 9.6(d)--Authorize Contract Amendment for Panorama Park Project Page 2 The City has contributed $1.5 million in Park Development funds to this project, bringing the total available budget to $25.25 million. These are the only matching funds required for the project to date. Moving forward, it is expected that construction costs will exceed current allocations by several million dollars. Staff anticipates returning to Council in the next couple of months with funding options for the remaining needs, which will include loan options that utilize future Park Development funds in combination with other local funding requests.
On October 6, 2020 and October 18, 2022, the Council considered future maintenance and staffing costs for this facility. If properly funded, there would be an additional $230,000 annual operations and maintenance cost for Panorama Park and the resiliency center. Costs include relevant staffing for maintenance, an annual $54,000 replacement fund, utilities and service contracts. Because the park is not in a Landscape Maintenance District, the costs would need to be absorbed by the General Fund or other alternative funding mechanisms. Staff is also proposing to include a facilities fee for all programs housed at the park to offset future maintenance, and will also see additional revenues from rentals, programming and sponsorships to further reduce the need from the General Fund. Staff will prepare a detailed discussion of maintenance costs alongside their gap funding options presentation in the next couple of months.
The emergency services functions of the building will rely on existing programs and operations by the City and its partners during emergencies and other Community Resiliency Center (CRC) activation events and will not require any additional operations funding.
Alternative Action
The Council could decline to appropriate funds and not amend the contract, or provide staff with alternative direction.
Background/Analysis
Due to a tight project timeline created by multiple funding streams, the project must continue progress to meet the construction window of summer 2026. To continue progress, the project must allocate $75,250 for the design of the ORLP-specific features, which include a skate plaza, and field lighting. The grant also contributes millions toward the overall park, parking lot, utilities and more, funding which is crucial to complete the project. Though it is also common to adjust design contracts during project development, grants are typically secured by executing a contract at the same time, or prior to, allocating funds and awarding design contracts. However, the project’s timeline will not allow for that in this case, and the ORLP design must be cashflowed by the City prior to execution of the grant contract.
Staff will return to Council for authorization to execute the ORLP contract when it is available.
The ORLP grant will reimburse pre-construction project expenses up to three years prior to execution of the grant contract for this exact purpose. Should the ORLP grant not come to fruition, the Park Development fund will absorb the impact for the additional design.
In June 2025, the City executed a contract with the Governor’s office of Land Use and Climate Innovation for the EHCRP grant for $1.995 million. The grant contributes to the overall project as well as specifically funding a small splash pad and shade structure. Staff anticipated packaging both design-related contract amendments (for the ORLP and EHCRP grants) at the Packet Pg. 869
Report to Redding City Council January 15, 2026
Re: 9.6(d)--Authorize Contract Amendment for Panorama Park Project Page 3 same time, but can no longer delay this action. The contract is increasing by $110,800 to address the EHCRP grant scope, and $75,250 to address the ORLP grant scope.
Project Description
The Panorama Park Project features a 10.5-acre community park with an approximately 22,100- square-foot community center. The project includes park amenities such as trails, landscaping, a playground, a dog park, shade structure, sports field, trails, parking, and more. The community center would serve a dual purpose as a community center and an evacuation shelter, allowing it to function during natural disasters, extreme heat events, and other emergency or climate-related instances. The facility allows the City to have a dedicated and purpose-built shelter in times of need. During regular operations, the center will host recreation classes, community events, leagues, tournaments and more, featuring two indoor basketball courts, multiple classrooms and a teaching kitchen.
Environmental Review
On June 22, 2021, the Planning Commission (Commission) adopted the Mitigated Negative Declaration and the Mitigation Monitoring Programs and approved the Panorama Park Project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines §15074. At this meeting, the Commission also approved Site Development Permit SDP-2021- 00785, General Plan Amendment GPA-2021-0786, and Rezoning Application RZ-2021-0787.
No further actions are required at this time.
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• 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
^Budget Resolution
^2026 Grant Summary Diagram
Second Amendment to C-9544 NJ Architecture Contractor Signed First Amendment to Consulting & Professional Services Contract (C-9544) C-9544_NJA Architecture_Executed
Previous Staff Report - February 6, 2024, item 4.6(a) CDFA & NJA Amendment Staff Report Previous Staff Report - March 19,2024, item 4.6(a) ORLP Grant Application Previous Staff Report - June 4, 2024, Item 4.6(a) EHCRP Ratify EHCRP Grant Previous Staff Report - June 17, 2025, item 4.6(c) Accept Extreme Heat Grant Packet Pg. 870
Resolution No. 2026 - ____________
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 22nd AMENDMENT TO CITY BUDGET RESOLUTION NO. 2025-049
APPROPRIATING $75,250 IN PARK DEVELOMENT FUNDS FOR THE PANORAMA PARK PROJECT FOR FISCAL YEAR 2026.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2025-049 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
152 1791 Parks Grant $75,250
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Fund Balance $ 75,250
Recreation Areas $ 75,250
Total $ 75,250 $ 75,250
THAT the purpose is to appropriate $75,250 in Park Grant funds for the Panorama Park project for fiscal year 2026.
I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the 20th day of January, 2026 and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
MIKE LITTAU, Mayor
ATTEST: FORM APPROVAL:
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 871 Attachment: ^Budget Resolution (9.6(d)--Authorize Contract Amendment for Panorama Park Project)
Construct a new Community Center,
multi-use sports eld for soccer,
football, and softball, playground and
nearby shade structure, dog park,
disc golf area, walking/jogging trails
with lighting, public plaza, and
parking lot with lighting, and
lanscaping throughout the park.
The Resiliency Center
Hybrid Resilience System (HyRS)
housed in a remote facility structure.
UV Filtration for HVAC system
Community Design Workshop
Sprayground
Hardscapes
Landscapes
Wet/Dry Utilities
Indirect Costs
Arch/Eng
Sta
time
Lighted Skatepark
Hardscape
Park and Parking lot lighting
Park specic utilities
Disk golf
Landscaping
Field lighting, lighted skatepark, and
sprayground elements
EXTERNAL FUNDING INTERNAL FUNDING
Funds: Funds: Funds: Funds:
Packe
Packet Pg. 873
Attachment: Second Amendment to C-9544 NJ Architecture Contractor Signed (9.6(d)--Authorize Contract Amendment for Panorama Park Packet Pg. 874 Attachment: Second Amendment to C-9544 NJ Architecture Contractor Signed (9.6(d)--Authorize Contract Amendment for Panorama Park Packet Pg. 875
Attachment: Second Amendment to C-9544 NJ Architecture Contractor Signed (9.6(d)--Authorize Contract Amendment for Panorama Park Packet Pg. 876
Attachment: Second Amendment to C-9544 NJ Architecture Contractor Signed (9.6(d)--Authorize Contract Amendment for Panorama Park Packet Pg. 877
Attachment: Second Amendment to C-9544 NJ Architecture Contractor Signed (9.6(d)--Authorize Contract Amendment for Panorama Park Packet Pg. 878
Attachment: Second Amendment to C-9544 NJ Architecture Contractor Signed (9.6(d)--Authorize Contract Amendment for Panorama Park Packet Pg. 879
Attachment: Second Amendment to C-9544 NJ Architecture Contractor Signed (9.6(d)--Authorize Contract Amendment for Panorama Park Packet Pg. 880
Attachment: Second Amendment to C-9544 NJ Architecture Contractor Signed (9.6(d)--Authorize Contract Amendment for Panorama Park Packet Pg. 881 Attachment: First Amendment to Consulting & Professional Services Contract (C-9544) (9.6(d)--Authorize Contract Amendment for Panorama Packet Pg. 882 Attachment: First Amendment to Consulting & Professional Services Contract (C-9544) (9.6(d)--Authorize Contract Amendment for Panorama Packet Pg. 883 Attachment: First Amendment to Consulting & Professional Services Contract (C-9544) (9.6(d)--Authorize Contract Amendment for Panorama Packet Pg. 884 Attachment: First Amendment to Consulting & Professional Services Contract (C-9544) (9.6(d)--Authorize Contract Amendment for Panorama Packet Pg. 885 Attachment: First Amendment to Consulting & Professional Services Contract (C-9544) (9.6(d)--Authorize Contract Amendment for Panorama Packet Pg. 886
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 887
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 888
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 889
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 890
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 891
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 892
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 893
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 894
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 895
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 896
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 897
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 898
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 899
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 900
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 901
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 902
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 903
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 904
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 905
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 906
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Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 908
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 909
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 910
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 911
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 912
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 913
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Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 915
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 916
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 917
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 918
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 919
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 920
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 921
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project) Packet Pg. 922
Attachment: C-9544_NJA Architecture_Executed (9.6(d)--Authorize Contract Amendment for Panorama Park Project)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to the City of Redding Panorama Park Project:
(1) Accept the California Department of Food and Agriculture Community Resilience Centers Program grant in the amount of $9.25 million;
(2) Authorize the City Manager, or designee, to execute the First Amendment to the Contract (C-9544) with NJ Associates, Inc., DBA NJA Architecture and NJA for a revised total amount not to exceed $1,089,200;
(3) Authorize the City Manager, or designee, to approve any amendments up to $108,920; and
(4) Adopt Resolution approving and adopting the 27th Amendment to Budget Resolution No. 2023-060 appropriating $9,250,000 in state grant funds and $1,500,000 in City of Redding Parks Development funds for the project.
Fiscal Impact
The California Department of Food and Agriculture (CDFA) Community Resilience Centers (CRC) Program grant application requested the program’s maximum of $10 million to construct the community center at Panorama Park - the City of Redding (City) was awarded $9.25 million.
The grant does not require a match. However, the City of Redding (City) secured $8.5 million from the Statewide Park Program and will contribute $1.5 million from the Park Development Fund. The grant funds will supplement the existing project budget for a combined total of $19.25 million.
The CRC Program grant operates on a reimbursement basis, the City’s general fund will front the reimbursements. As staff works through the design process and the project development timeline is fully understood, a quarterly reimbursement schedule will be developed and brought back to City Council (Council) at a future date.
MEETING DATE: February 6, 2024
ITEM NO. 4.6(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(a)--Accept the grant, approve the First Amendment to the contract, and adopt a Budget Resolution for the Community Resilience Center Program at Panorama Park.
Travis Menne, Director of
Community Services
Packet Pg. 923 Attachment: Previous Staff Report - February 6, 2024, item 4.6(a) CDFA & NJA Amendment Staff Report (9.6(d)--Authorize Contract Amendment Report to Redding City Council January 31, 2024
Re: 4.6(a)--Grant for Community Resilience Center Program at Panorama Park Page 2 The grant scope includes additional building features and square footage, which allows the building to provide emergency services functions for the public. To complete this portion of the project, staff needs to amend the current design contract with NJA Architects to expand the project’s scope and design to meet the additional grant requirements for the building at an additional cost of $149,800 which is covered by the grant budget.
The emergency services functions of the building will rely on existing programs and operations by the City and its partners during emergencies and other Community Resiliency Center (CRC) activation events and will not require any additional operations funding. On October 6, 2020, the Council considered future maintenance and staffing costs. Anticipated maintenance costs will be explored as part of the City’s unmet needs workshop in March 2024.
Alternative Action
The Council could decline to accept the grant funds and amend the contract, or provide staff with alternative direction.
Background/Analysis
The Panorama Park Project features a 10.5-acre community park with an approximately 22,100- square-foot community center. The project includes park amenities such as trails, landscaping, a playground, a dog park, shade structure, parking, and more. With the existing Statewide Park Program (SPP) grant and Park Development Fund commitment, the project has a $10 million budget. Due to the SPP grant award ceiling ($8.5 million) and inflationary factors since the application submittal in 2020, the current construction budget is inadequate. To address the deficiency in construction costs, the Community Services Department identified a strategy to seek opportunities for additional funding by expanding the role of the community center. With this funding, the community center would serve a dual purpose as a CRC, allowing it to function during natural disasters, extreme heat events, and other emergency or climate-related instances.
Staff leveraged existing project funding and momentum to apply for and obtain the CRC Program grant. For this grant program, the CDFA Fairs and Expositions Branch issued a onetime general fund allocation of $150 million for fairground and community resilience centers. Of that allocation, $38 million was awarded to five community centers throughout the state.
Redding and Oakland received the highest awards at $9.25 million each.
The award will elevate the design of the community center by adding additional elements and capacity for both sustainability and emergency operations. New project CRC infrastructure elements include solar and backup power, an emergency evacuation center with a community kitchen, shower facilities, and broadband. As seen in the Carr Fire, emergency events can be dynamic, widespread and require multiple options and plans for emergency centers and services.
Constructing a purpose-built facility in the City’s northwest quadrant will increase the geographic distribution and availability of emergency shelter infrastructure.
To complete the project, staff needs to amend the current design contract with NJA Architects to expand the project’s scope and design to meet the additional grant requirements for the building.
Packet Pg. 924 Attachment: Previous Staff Report - February 6, 2024, item 4.6(a) CDFA & NJA Amendment Staff Report (9.6(d)--Authorize Contract Amendment Report to Redding City Council January 31, 2024
Re: 4.6(a)--Grant for Community Resilience Center Program at Panorama Park Page 3 Environmental Review
On June 22, 2021, the Planning Commission (Commission) adopted the Mitigated Negative Declaration and the Mitigation Monitoring Programs and approved the Panorama Park Project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines §15074 (CEQA). At this meeting, the Commission also approved Site Development Permit SDP2021-00785, General Plan Amendment GPA-2021-0786, and Rezoning Application RZ-2021- 0787. No further actions are required at this time.
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• 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
^Resolution
First Amendment to Consulting & Professional Services Contract (C-9544) Previous Staff Report - October 6, 2020, Item 4.6 (b) Grant Application Previous Staff Report - February 15, 2023, Item 4.6(b) Grant Application C-9544_NJA Architecture_Executed
CDFA Grant Contract
Packet Pg. 925 Attachment: Previous Staff Report - February 6, 2024, item 4.6(a) CDFA & NJA Amendment Staff Report (9.6(d)--Authorize Contract Amendment
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the submission of an application for the Outdoor Recreation Legacy Partnership Program for $4 million to begin construction of Panorama Park located at 950 Lake Boulevard.
Fiscal Impact
With the existing Statewide Park Program (SPP) grant, the City of Redding’s (City) Park Development Fund allocation, and the California Department of Food and Agriculture grant, the project has a $19.25 million budget which is inadequate to fund the total estimated budget of $24 million.
The Outdoor Recreation Legacy Partnership (ORLP) Program grant application will request up to $4 million to add to the existing construction budget, which will make the project nearly fullyfunded, so that construction of Panorama Park may begin. The ORLP Program requires a 50 percent match, which will be sourced from the City’s existing $8.5 million Statewide Park Program grant and park development funds.
Alternative Action
The City Council could decline to apply for the ORLP grant funds, or provide staff with alternate direction.
Background/Analysis
The Panorama Park and Resiliency Center (Project) features a 10.5-acre community park with a 22,000-square-foot community center. The project also includes a sports field, playground, dog park, landscaping and parking. Due to the grant award ceilings and inflationary factors since the original SPP application submittal in 2020, the current construction budget is inadequate.
MEETING DATE: March 19, 2024
ITEM NO. 4.6(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(a)--Authorize Submission of the Outdoor Recreation Legacy Partnership Grant Application for Panorama Park in the City of Redding.
Travis Menne, Director of
Community Services/Airports
Packet Pg. 926 Attachment: Previous Staff Report - March 19,2024, item 4.6(a) ORLP Grant Application (9.6(d)--Authorize Contract Amendment for Panorama Report to Redding City Council March 11, 2024
Re: 4.6(a)--Approve Grant Application for Panorama Park Page 2 To address the budget deficiency, the Community Services Department is seeking additional funding through the ORLP program. The ORLP is a National Park Service (NPS) grant program focusing on communities with little to no access to nearby, publicly available, outdoor recreation opportunities in urban areas. The program funds the acquisition or development of new parks and substantial park renovations in economically disadvantaged cities or towns of at least 30,000 people. Use of this grant source will require the City to ensure that Panorama remains an outdoor recreation use area into perpetuity through a conservation easement recorded on the property.
ORLP includes two competitive processes. California’s Department of Parks and Recreation reviews applications, selects finalists, and then forwards the finalists to the NPS for a nationwide review. Applications are due April 2, 2024, and the estimated award date is November 1, 2024.
Nationally, approximately $224.1 million is available for the program. The application will request up to $4 million to construct various outdoor recreation features in the park. The grant will partially fund portions of the existing project scope, namely the play structure, park lighting, landscaping, sports field, parking, walking paths, the dog park, disc golf practice areas, outdoor plaza spaces. In addition, the grant will add a skate plaza and field lighting to the project scope.
Environmental Review
On June 22, 2021, the Planning Commission adopted the Mitigated Negative Declaration and the Mitigation Monitoring Programs and approved the Panorama Park Project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines §15074. At this meeting, the Planning Commission also approved Site Development Permit SDP-2021-00785, General Plan Amendment GPA-2021-0786, and Rezoning Application RZ-2021-0787. No further actions are required at this time.
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.” • Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
Previous Staff Report - October 6, 2020, Item 4.6(b) Grant Application Previous Staff Report - September 5, 2023, Item 4.6(a) Grant Application Previous Staff Report - February 6, 2024, Item 4.6(a) Grant Acceptance, 1st Amend.
Packet Pg. 927 Attachment: Previous Staff Report - March 19,2024, item 4.6(a) ORLP Grant Application (9.6(d)--Authorize Contract Amendment for Panorama
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve and ratify the City of Redding as an applicant to the Extreme Heat and Community Resilience Program in the amount of $2 million to build heat-resilient play infrastructural elements at Panorama Park; and authorize the City Manager, or his designee, to execute the grant agreement and all subsequent grant documents, if the grant is awarded.
Fiscal Impact
The grant application requested $2 million to build heat-resilient play infrastructural elements at Panorama Park. This is a reimbursement grant with no required matching funds. Accepting the grant and building the water play features will require future maintenance funding of approximately $20,000 annually. Future maintenance costs would have to be added to the operations and maintenance funding figures previously considered by City Council (Council) at its October 6, 2020, meeting. These figures are based on the additional staff time required to clean and maintain the structure as well as routine repairs and upkeep typical for the City of Redding’s (City) existing splash pad, Fantasy Fountain at Enterprise Park.
Alternative Action
The Council could decline to ratify the grant application. In this case, staff would withdraw the application and it would not be considered for funding. The Council could also provide staff with alternate direction.
Background/Analysis
The Governor's Office of Planning and Research administers the Extreme Heat and Community Resilience Program (EHCRP). This grant program funds and supports local, regional, and tribal efforts to reduce the impacts of extreme heat. The EHCRP aims to address extreme heat and reduce the urban heat island effect. Extreme heat interventions such as providing shade, promoting evaporative cooling, and offering public education can reduce the harm of extreme heat on California’s communities.
MEETING DATE: June 4, 2024
ITEM NO. 4.6(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(a)--Ratify Extreme Heat Community Resilience Program Grant Application for Panorama Park
Travis Menne, Director of
Community Services/Airports
Packet Pg. 928 Attachment: Previous Staff Report - June 4, 2024, Item 4.6(a) EHCRP Ratify EHCRP Grant (9.6(d)--Authorize Contract Amendment for Panorama Report to Redding City Council May 29, 2024
Re: 4.6(a)--Ratify EHCRP Grant Application Page 2
During community outreach staff received many requests for shade structures to make traditional play infrastructure usable during the hottest months of the year as well as water play infrastructure to help residents remain cool during the hottest months of the year. The application requested $2 million in grant funding to build a splash pad and additional shade structures to keep the park usable year-round. Developing this facility allows the public to have a free way for children and families to remain cool and active during the summer months and bolsters the quality of life for residents in the northwest quadrant of the City. Staff submitted the grant application on May 7, 2024, and awards will be announced in Summer 2024.
Environmental Review
On June 22, 2021, the Planning Commission (Commission) adopted the Mitigated Negative Declaration and the Mitigation Monitoring Programs and approved the Panorama Park Project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines §15074. At this meeting, the Commission also approved Site Development Permit SDP-2021- 00785, General Plan Amendment GPA-2021-0786, and Rezoning Application RZ-2021-0787.
No further actions are required at this time.
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• 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
Previous Staff Report - October 6, 2020, Item 4.6(b) Grant Application Packet Pg. 929 Attachment: Previous Staff Report - June 4, 2024, Item 4.6(a) EHCRP Ratify EHCRP Grant (9.6(d)--Authorize Contract Amendment for Panorama
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions regarding the Integrated Climate Adaption and Resiliency Program (ICARP) Extreme Heat and Community Resilience Program for the City of Redding Panorama Park Sprayground Project:
(1) Accept the ICARP Extreme Heat and Community Resilience Program funds in the amount of $1,995,000 to build heat-resilient play infrastructure at Panorama Park; (2) Authorize the City Manager to execute the ICARP Extreme Heat and Community Resilience Grant Agreements, any amendments, sub-recipient agreements and the associated documentation; and
(3) Adopt Resolution approving and adopting the 82nd Amendment to City of Redding Budget Resolution No. 2023-060 appropriating $1,995,000 in ICARP Extreme Heat and Community Resilience Program state grant funds for Panorama Park for fiscal year 2024-
25. Fiscal Impact
The Extreme Heat and Community Resilience Program (EHCRP) grant application requested $1,995,000 to build a heat-resilient sprayground at Panorama Park. This is a reimbursement grant with no required matching funds. To date, the Panorama Park Project (Project) has secured $23.25 million in grants but the overall project may cost up to $27 million. The grant funding will bolster the overall project budget and reduce the funding gap deficit. Staff will explore gap funding options for the remainder of the project in FY 2025-2026.
Accepting the grant and building the water play features will require future maintenance funding of approximately $20,000 annually. Future maintenance costs would have to be added to the operations and maintenance funding figures previously considered by City Council (Council) at its October 6, 2020, meeting. The maintenance cost is based on the additional staff time required to clean and maintain the sprayground as well as routine repairs and upkeep typical for the City of Redding’s (City) existing splash pad, Fantasy Fountain at Enterprise Park.
MEETING DATE: June 17, 2025
ITEM NO. 4.6(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(c)--Accept the Integrated Climate Adaption and Resiliency Program's Extreme Heat and Community Resilience Program Funds, Authorize Agreements, and Adopt a Budget Resolution for the Panorama Park Project.
Travis Menne, Director of
Community Services/Airports
Packet Pg. 930 Attachment: Previous Staff Report - June 17, 2025, item 4.6(c) Accept Extreme Heat Grant (9.6(d)--Authorize Contract Amendment for Panorama Report to Redding City Council June 11, 2025
Re: 4.6(c)--Accept Extreme Heat Grant for Sprayground at Panorama Page 2 Alternative Action
The Council could decline to accept the grant funds or provide staff with alternate direction.
Background/Analysis
The Integrated Climate Adaptation and Resiliency Program (ICARP) drives California’s response to climate impacts. ICARP’s is part of the Governor's Office of Planning and Research which administers the EHCRP. This grant program funds and supports local, regional, and tribal efforts to reduce the impacts of extreme heat. The EHCRP aims to address extreme heat and reduce the urban heat island effect. Extreme heat interventions such as providing shade, promoting evaporative cooling, and offering public education can reduce the harm of extreme heat on California’s communities.
During community outreach, staff received many requests for shade structures to make traditional play infrastructure usable during the hottest months of the year as well as water play infrastructure to help residents remain cool. In December 2024, staff received an award notification in the amount of $1,995,000 in grant funding and subsequently, on May 30, 2025 staff received the standard agreement to design and build a sprayground and shade structure at Panorama Park. Developing this facility provides a free way for children and families to stay cool and active during the summer months, enhancing the quality of life for residents in the northwest quadrant of the City.
Environmental Review
On June 22, 2021, the Planning Commission (Commission) adopted the Mitigated Negative Declaration and the Mitigation Monitoring Programs and approved the Panorama Park Project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines §15074 (CEQA). At this meeting, the Commission also approved Site Development Permit SDP2021-00785, General Plan Amendment GPA-2021-0786, and Rezoning Application RZ-2021- 0787. No further actions are required at this time.
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• 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
^Resolution
Previous Staff Report - October 6, 2020, Item 4.6 (b) Grant Application Previous Staff Report - June 4th, 2024 - Item 4.6(a) Grant App Panorama Park Sprayground EHCRP Award Letter
Extreme Heat and Community Resilience Program Grant - $1.995 Packet Pg. 931 Attachment: Previous Staff Report - June 17, 2025, item 4.6(c) Accept Extreme Heat Grant (9.6(d)--Authorize Contract Amendment for Panorama
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept an update regarding the Redding Motorsports Park lease with the City for use of City - owned property located at the Redding Regional Airport; and provide direction to staff.
Fiscal Impact
There is no fiscal impact with accepting this report.
Background/Analysis
The City-owned racetracks are located on the northeast side of the Redding Regional Airport (RDD) with three different tracks (drag strip, motocross dirt track, and kart track) historically used by four different racing groups (drag racing, Shasta Kart Klub, Redding Supermoto, and motocross). There is one access point for all racing activities on the north end of the RDD property. The lack of a second access creates conflicts between the needs of the space for different user groups, limiting the ability to host concurrent events.
The City of Redding (City) Airports Division and City Attorney’s Office reviewed racetrack license agreements and insurance requirements in 2024. Due to the complexity of the site and the needs of multiple user groups, the City has determined it to be beneficial to transition toward a single operating lease agreement, rather than several license agreements. Further driving this decision is the requirement for additional insurance above and beyond what is currently carried, and additional conditions placed on the airport by the Federal Aviation Administration (FAA).
MEETING DATE: January 20, 2026
ITEM NO. 9.6(e)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.6(e)--Consider update regarding the Redding Motorsports Park Lease with the City of Redding (City) on Redding Regional Airport property.
Travis Menne, Director of
Community Services/Airports
Packet Pg. 932
Report to Redding City Council January 15, 2026
Re: 9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD Page 2 As a result of the 2024 informal complaint filed with the FAA, the City of Redding was required to establish and confirm a Fair Market Value (FMV) for the property where the drag strip, motorcycle dirt track, go-kart/supermoto tracks operate. The FMV is to be determined by appraisal, with the FAA requiring two full appraisals to establish the FMV rental rate. The first appraisal has been completed and staff anticipates the second appraisal to be completed in Spring 2026. Airport property appraisal services are very specialized and require a significant amount of research by the appraiser to establish value, and locating an appraiser with the knowledge and experience required to complete this type of appraisal is difficult.
The intent in 2024 was to complete a new Lease Agreement by the end of the year. Previously, these groups operated under a License Agreement. The extensions provided to Shasta Kart Klub and Shasta Supermoto expired and these groups did not meet the City’s insurance requirements.
The Redding Drag Strip complied with the requirements which has allowed them to continue to operate in 2025.
Per Council direction in winter 2025, staff is negotiating with the existing Drag Strip operator, Redding Motorsports Park regarding the new Lease Agreement to include operating and managing all motor sports activities on the property. Such activities included are drag racing, motorcycle dirt track racing, go-cart, and super moto racing. Redding Motorsports Park has requested activities to expand and include drift racing. The proposals by which Redding Motorsports Park will operate the go-kart/supermoto track is attached to this staff report.
Lease negotiations were delayed in 2025 due to the FAA request for a determination in fair market value (FMV) through an appraisal process. This is a result of FAA compliance regarding a public FAA - Part 13 Complaint. Due to the appraised value exceeding $1M, a second appraisal is required which is anticipated to begin in January 2026 and completed by Spring 2026.
Language within the lease agreement is complete and ready for City Attorney review. The FMV is negotiated based on the first appraised value and can be amended based on the second appraisal should there be a cost differential requiring an adjustment to rates. Staff has included language within the draft agreement to have the Lessee provide access to Shasta Kart Klub and Shasta Supermoto for up to eight event days a year as well as for them to schedule and rent the road course for larger events.
Of concern with the Lessee is the required amount of insurance coverage to lease the racetrack property. These documents are attached to this staff report for your review. The insurance requirements have a direct impact on the fees and hard costs for any future track rentals and club activities or use.
Environmental Review
This is not project defined under California Environmental Quality Act, and no further action is required.
Council Priority/City Manager 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.”
Packet Pg. 933
Report to Redding City Council January 15, 2026
Re: 9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD Page 3 Attachments
^Certificate of Insurance - City of Redding
^Certificate of Insurance - Barona
^Certificate of Insurance - Ortega Global Solutions LLC & HDAY ^Insurance Argument Position - 3 Tracks
^Redding Motorsports Park Safety Protocols
^Road Course Estimate
^FAA Airport Track Benchmarks - Letter to City Council
Packet Pg. 934
REDDING
Lexington Insurance Company 19437
9621 Stablegate Rd
Wilton, CA 95693
X
A
1,000,000
Excluded
1,000,000
5,000,000
5,000,000
X Per Event
X
B
City of Redding
777 Cypress Ave
Redding, CA 96001
02/19/2025 02/19/2026
X 100,000
02/19/2025 02/19/2026
41-LX-018954128-1
29-UD-019920691-1 2,000,000
X 2,000,000
Certificate holder is named as additional insured as it relates to general liability & waiver of subrogation is granted as it relates to general liability in accordance with the terms and conditions of the policies. Umbrella follows form as it relates to additional insureds. The above coverage is primary and noncontributory where required by written contract.
National Union Fire Insurance Company of Hartfor 20478
Redding Motorsports Park, LLC; Redding Dragstrip, LLC.
09/08/2025
Safehold SPORTS.
A Division of Innovation Growth Partners Specialty, LLC 100 Glen Eagles Court
Carrollton, Georgia 30117
CA License # 0G13561
Re: Drag and Road Course Facility, including car shows, drifting, super moto, karts and drag racing events and activities Packet Pg. 935 Attachment: ^Certificate of Insurance - City of Redding (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD) Packet Pg. 936 Attachment: ^Certificate of Insurance - Barona (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD) Packet Pg. 937
Attachment: ^Certificate of Insurance - Ortega Global Solutions LLC & HDAY (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Packet Pg. 938
Attachment: ^Insurance Argument Position - 3 Tracks (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD) Packet Pg. 939
Attachment: ^Insurance Argument Position - 3 Tracks (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD) Packet Pg. 940
Attachment: ^Redding Motorsports Park Safety Protocols (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD) Packet Pg. 941
Attachment: ^Redding Motorsports Park Safety Protocols (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD) 6750 Old Oregon Trail
Redding Ca 96002
(916)-985-1566
[email protected]
Road Course Track Rental – Cost Disclosure for Clubs
This document is provided to clearly outline base costs, required fees, and common additional expenses associated with renting the Redding Motorsports Park road course for club events (HPDE, Time Attack, lapping days, non-spectator racing).
This is a disclosure only. Final pricing is governed by the Track Rental Agreement.
Base Track Rental
• $3,000 per day
• Includes:
• Exclusive use of paved road course
• Up to 9 hours of track time
• Paddock access
• Basic facility utilities
Required Fees (Hard Costs)
(Apply to all club events)
Clubs may supply their own insurance policy subject to approval and naming required additional insureds.
Deposits & Payment Timing
• $1,000 non-refundable booking deposit
• Due 30 days prior to event date
• All event costs must be paid in full
• Due 14 days prior to event date
Item Cost
Liability Insurance – $5M per incident (if
track-provided)
$2,250 / day
Track Prep & Cleanup $800 (flat fee)
City Expenses & Taxes (lease passthrough)$560 (flat fee) Packet Pg. 942 Attachment: ^Road Course Estimate (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD) • No access to the facility will be granted unless paid in full.
Staffing & Event Operations (Typically Required)
(Billed based on actual requirements determined by RMP) Optional Services (If Approved)
Security Deposit
• $2,500 refundable security deposit
• Due 7 days prior to event
• Used to cover damages, excessive cleanup, rule violations, or unpaid balances
Typical One-Day Club Event (Example Only)
Service Rate / Terms
Corner Workers $20–$30 per hour per worker
EMS / Ambulance Standby $130–$160 per hour
Fire / Rescue Personnel As required
24-Hour Licensed Security Required – quoted
Gate Staff (during track hours) Required – quoted
Portable Restrooms $150 per unit per day (minimum 4
units if required = $600/day)
Administrative / Event
Management Fee
$200 per weekend (nonrefundable)
Service Cost
Timing & Scoring $1,000–$1,500
Spectator Access $1,000 per day
Extended Hours Quoted
Additional Staffing or Security Quoted
Item Amount
Base Track Rental $3,000
Insurance (if track-provided) $2,250
Track Prep & Cleanup $800
City Expenses & Taxes $560
Estimated Subtotal (before
staffing/security)
$6,640
Packet Pg. 943 Attachment: ^Road Course Estimate (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD) Staffing, security, EMS, and gate personnel are additional and vary by event.
Important Notes
• All participants must sign liability waivers.
• Cancellation penalties apply based on timing.
• Weather does not waive payment obligations.
• Final pricing is confirmed only after event approval and contract execution.
Sincerely yours,
Tony Trimp
Packet Pg. 944 Attachment: ^Road Course Estimate (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at RDD) Packet Pg. 945
Attachment: ^FAA Airport Track Benchmarks - Letter to City Council (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at Packet Pg. 946
Attachment: ^FAA Airport Track Benchmarks - Letter to City Council (9.6(e)--Accept Oral Report Regarding Redding MotorsportsPark Lease at
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the City of Redding Mitigation Fee Act Report Update, including an accounting of development fees; and adopt Resolution making findings concerning unexpended funds.
Fiscal Impact
There is no General Fund impact to accepting this report.
Alternative Action
The City Council (Council) may choose not to accept the report, thereby, not making the required finding, and provide alternative direction to staff. Without the finding, the Impact Fee Program, as currently adopted, will be abandoned and the collected monies may need to be refunded.
Background/Analysis
The City of Redding (City) collects a wide range of impact fees from development projects. The fees are utilized to construct various public capital improvements that mitigate the burden new development has on the City’s infrastructure systems. California Government Code §66000, et seq., defines specific reporting requirements to provide the public an annual account of revenues and expenditures associated with the various impact fee programs.
To meet these requirements, staff has prepared a Mitigation Fee Act Report Update for Fiscal Year 2024–25. The annual report must be available to the public within 180 days of the end of the fiscal year. A public notice of the availability of the report was published in the Record Searchlight on December 22, 2025.
MEETING DATE: January 20, 2026
ITEM NO. 9.11(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.11(d)--Consider Mitigation Fee Act Report Update and adopt Resolution making findings concerning unexpended funds.
Michael Webb, Public Works
Director/Interim Asst. City
Manager
Packet Pg. 947
Report to Redding City Council January 15, 2026
Re: 9.11(d)--Mitigation Fee Act Report Update and Resolution Page 2 Required Finding
The Council must make the finding that the report meets the requirements set forth in Government Code Section 66006(b) concerning Impact Fee accounts and include the following:
1. A brief description of the type of fee in the account or fund. 66006(b)(1)(A);
2. The amount of the fee. 66006(b)(1)(B);
3. The beginning and ending balance of the account or fund. 66006(b)(1)(C);
4. The amount of the fees collected and the interest earned. 66006(b)(1)(D);
5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvements that was funded with fees. 66006(b)(1)(E);
6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. 66006(b)(1)(F);
7. A description of each interfund transfer or loan, including the public improvement on which the transferred or loaned fees will be expended and, in the case of a loan, when the loan will be repaid and the rate of interest the loan will receive. 66006(b)(1)(G); and
8. The amount of refunds. 66006(b)(1)(H).
The Resolution has been approved as to form by the City Attorney.
Environmental Review
This activity is not a project as defined by the California Environmental Quality Act, and no further action is required. Acceptance of the report will allow the City to conduct project specific environmental reviews for future City infrastructure projects funded by the impact fee program.
Council Priority/City Manager Goals
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Attachments
^Resolution
^DRAFT Mitigation Fee Act Report 2024-25
Packet Pg. 948
RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
MAKING FINDINGS CONCERNING FUNDS IN THE CITY OF
REDDING’S IMPACT FEE PROGRAM
WHEREAS, the City of Redding has had a range of impact fees in effect for several years, and WHEREAS, California Government Code sections 66000, et seq. define specific reporting requirements to provide for a public accounting of revenues and expenditures in the Impact Fee Program. The reporting must be available to the public within 180 days of the end of the fiscal year, and the City Council must review the information not earlier than 15 days of availability to the public. In the fifth year after funds are first deposited, and annually thereafter, the City must make certain findings concerning the status of those monies, and WHEREAS, to satisfy these requirements, staff has prepared a Mitigation Fee Act Report Update for the fiscal year ended June 30, 2025 (the Report). A public notice of the availability of the Report was published in the Record Searchlight newspaper on December 22, 2025, and WHEREAS, the City Council has accepted the Report on today’s date, prior to the adoption of this resolution, and
WHEREAS, all legal prerequisites to the adoption of this resolution have occurred;
NOW THEREFORE, THE CITY COUNCIL FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
1. The matters set forth above are true and correct.
2. Pursuant to California Government Code section 66001, the City Council makes the finding that all the following reporting requirements have been met concerning all the impact fee accounts with unexpended funds, as detailed in the Mitigation Fee Act Report Update for the fiscal year ended June 30, 2025:
a. A brief description of the type of fee in the account or fund. (Gov. Code § 66006(b)(1)(A).)
b. The amount of the fee. (Gov. Code § 66006(b)(1)(B).) c. The beginning and ending balance of the account or fund. (Gov. Code § 66006(b)(1)(C).)
d. The amount of the fees collected and the interest earned. (Gov. Code § 66006(b)(1)(D).)
e. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total Packet Pg. 949 Attachment: ^Resolution (9.11(d)--Mitigation Fee Act Report Update and Resolution) percentage of the cost of the public improvements that was funded with fees. (Gov. Code § 66006(b)(1)(E).)
f. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to compete financing on an incomplete public improvement. (Gov. Code § 66006(b)(1)(F).)
g. A description of each interfund transfer or loan, including the public improvement on which the transferred or loaned fees will be expended and, in the case of a loan, when the loan will be repaid and the rate of interest the loan will receive. (Gov. Code § 66006(b)(1)(G).)
h. The amount of refunds. (Gov. Code § 66006(b)(1)(H).) I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council on the 20th day of January 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________________
MIKE LITTAU, Mayor
ATTEST: FORM APPROVAL:
___
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 950 Attachment: ^Resolution (9.11(d)--Mitigation Fee Act Report Update and Resolution)
MITIGATION FEE ACT
REPORT UPDATE
FISCAL YEAR
202-2
Prepared December , 202
in accordance with
Government Code Section 66006(b)
Packet Pg. 951 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution)
REPORT CONTENTS
Overview........................................................................... 1 Traffic-Related Impact Fees
Canyon Creek Road Traffic Impact Fee ( Fund). ................................ 2 Canyon Creek Road-Improvements ( Fund). . . . ................................... 3 Churn Creek Rd/Alrose Ln Intersection ( Fund). ................................ 4 Churn Creek Rd/Hartmeyer Ln Intersection ( Fund). ............................ 5 Citywide Traffic Impact Fee (
Fund) . ................................. ..... 6 Dana Drive Impact Fee (
Fund). ......................................... 7 Hartnell Avenue/Lawrence Road (Fund). . . . ................................... 8 North Redding Traffic Benefit District (
Fund).................................. 9
Shasta View Drive Extension ( Fund). ....................................... 10 Shasta View Drive/College View Drive Improvements ( Fund). . . ..................... 11 Traffic Signal at Airport Road/Meadowview Drive ( Fund)........................... 12 Traffic Signal at Lake Boulevard/Panorama Drive ( Fund).. . . . ...................... 13 Traffic Signal at Lake Boulevard/Santa Rosa Way ( Fund). . . . ...................... 14 Traffic Signal at SR299 WB/Churn Creek Road ( Fund). ........................... 15 Traffic Signal at Victor Avenue/El Vista Street (Fund). ............................ 16 Park Fees
Park and Recreation Facilities Impact Fee (1
Fund).. ............................
Fire Fees
Fire Facility Element (
Fund). ............................................
Utility Fees
Storm Drainage Impact Fee (
Fund). .......................................
Wastewater System Impact Fee (
)XQG). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Upper and Middle Stillwater Sewer
)XQG
.....................................
Water System Impact Fee (
Fund). .....................................
Twin View Waterline ( Fund) . ........................................... +DUWQHOO$YH$OWD0HVD'U,QWHUVHFWLRQ ( Fund). ............................ 6KDVWD9LHZ'U*RRGZDWHU$YH,QWHUVHFWLRQ ( Fund). .........................
+DUWQHOO&\SUHVV$YH,QWHUVHFWLRQ ( Fund). .........................
Packet Pg. 952 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Overview
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ÍČôϙ͐ Packet Pg. 953 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Canyon Creek Road Traffic Impact Fee 151 Fund
The purpose of this fee was to provide for the construction of street widening, traffic signals, and bridge widenings related to new development within the Canyon Creek Road Traffic Impact Fee zone in accordance with the development forecast under the City of Redding General Plan. These improvements will also provide secondary emergency access to developed property within the district boundaries. As the amount of new development contemplated by the General Plan occurs, there will be an additional burden on the district's surface transportation system in the Canyon Creek Road traffic impact fee zone.
Without funding-identified capital improvements, there will be an unacceptable level of traffic congestion, delays, accidents, and generally reduced public safety. Air quality could be adversely affected, as has been demonstrated in other studies when idle/standing times are increased. 151-CC
Fund Balance June 30, 2024 $112,584.77 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $1,612.36
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $114,197.13
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 2 Packet Pg. 954 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Canyon Creek Road Area Improvements 401 Fund
The purpose of these fees, imposed as a condition of the development of Wheeler Estates, Whitehawk Estates, and Country Heights, was for the construction of street widening, traffic signals, and bridge widenings related to new development within the Canyon Creek Road Traffic Impact Fee zone in accordance with the development forecast under the City of Redding General Plan. These improvements will also provide secondary emergency access to developed property within the district boundaries. As the amount of new development contemplated by the General Plan occurs, there will be an additional burden on the district's surface transportation system in the Canyon Creek Road Traffic Impact Fee zone.
Without funding-identified capital improvements, there will be an unacceptable level of traffic congestion, delays, accidents, and generally reduced public safety. Air quality could be adversely affected, as has been demonstrated in other studies when idle/standing times are increased. 2240047
Fund Balance June 30, 2024 $386,059.08 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $10,546.57
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $396,605.65
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 2240053
Fund Balance June 30, 2024 $53,849.11 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $1,471.08
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $55,320.19
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 3 Packet Pg. 955 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Churn Creek Rd/Alrose Ln Intersection 401 Fund
The fee is for improvements to the intersection that include adding an eastbound left turn lane and widening the eastbound approach to accommodate a through lane and a through right-turn lane. 2240042
Fund Balance June 30, 2024 $133,362.54 Current Fee: Fee determined by fair share 2024-25 Deposits $54,360.60 calculation.
2024-25 Interest $3,938.13
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $191,661.27
The fund will be used for future improvements to the intersection when determined necessary. 4 Packet Pg. 956 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Churn Creek Rd/Hartmeyer Intersection 401 Fund
The fee is for improvements to the intersection that include reconstructing the intersection to accommodate northbound lefts by providing a protected merge lane and a northbound right-turn lane.
Funds will be transferred to Shasta County for the construction of the improvements. 2240043
Fund Balance June 30, 2024 $553,883.53 Current Fee: Fee determined by fair share 2024-25 Deposits $161,679.41 calculation.
2024-25 Interest $16,189.17
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $731,752.11
The fund will be used for future improvements to the intersection when determined necessary. 5 Packet Pg. 957 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Citywide Traffic Impact Fees 151-1691 Fund
The purpose of the Citywide Traffic Impact Fee, as set forth in Section 16.20.160 of the Redding Municipal Code, is to provide for the construction of street widening, traffic-control devices/facilities, transit facilities, bike paths, pedestrian facilities, bridge widening, and freeway interchange improvements related to new development in accordance with the development forecast under the City of Redding General Plan. As the amount of new development contemplated by the General Plan occurs, there will be an additional burden on the citywide surface transportation system. Without funding identified capital improvements, there will be an unacceptable level of traffic congestion, delays, accidents, and generally reduced public safety throughout the city. Air quality could be adversely affected as has been demonstrated in other studies when idle/standing times are increased.
151-1691
Fund Balance June 30, 2024 $9,641,186.18 Current Fee: $7,319.00 per household equivalent 2024-25 Deposits $3,708,804.21
2024-25 Interest $140,360.25
2024-25 Expenditures $2,470,567.41
2024-25 Transfers Out $0.00 Transfer In due to additional grant funds received for the 2024-25 Transfers In $156,621.73 Canyon/ACID, Girvan/Olney, and Eastside/Canyon Fund Balance June 30, 2025 $11,176,404.96 bridge projects.
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 6710402 Administration $56,990.41 $56,990.41 100% Ongoing PWENG23003 Canyon/Acid Bridge $112,828.85 ($62,938.36) 0% In Progress 9500000 Debt Service - Interest $425,037.50 $425,037.50 100% Ongoing 9000000 Debt Service - Principal $315,000.00 $315,000.00 100% Ongoing PWENG23015 Eastside/Canyon Bridge $42,197.67 ($68,464.39) 0% In Progress PWENG23016 Eastside/Olney Bridge $325,446.59 $39,640.07 12% In Progress PWENG23013 Girvan/Olney Bridge $237,905.56 ($25,218.98) 0% In Progress PWENG23012 Old Alturas Bridge $3,529,028.40 $267,424.10 8% In Progress PWENG23034 Old Alturas Road Improvements $579,569.60 $579,569.60 100% Completed PWENG23011 Old Oregon Trail Widening $386,973.29 $21,946.14 5% In Progress 6710404 Project Coordination $16,914.02 $16,914.02 100% Ongoing PWENG23014 Railroad(Westside)/Canyon Bridge $163,169.78 $15,806.50 10% In Progress PWENG23027 S Bonnyview Ramps $21,644.93 $21,644.93 100% In Progress PWENG23035 Shasta View North $28,940.65 $28,940.65 100% In Progress PWENG23032 Sunset Avenue Signal $51,595.68 $48,698.71 94% Completed PWENG23009 Victor/Cypress Active Transportation $743,229.11 $236,849.23 32% In Progress PWENG23024 Victor/Rancho/Churn Creek $396,105.55 $396,105.55 100% In Progress 6 Packet Pg. 958 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Dana Drive Impact Fee 151-1693 Fund
The purpose of the Dana Drive Impact Fee, as set forth in Section 16.20.170 of the Redding Municipal Code, is to provide for the construction of street widening, traffic signals, bridge widening, and freeway interchange improvements related to new development within the Dana Drive Traffic Impact Fee zone in accordance with the development forecast under the City of Redding General Plan. As the amount of new development contemplated by the General plan occurs, there will be an additional burden on the district's surface transportation system in the Dana Drive Impact Fee Zone. Without funding-identified capital improvements, there will be an unacceptable level of traffic congestion, delays, accidents, and generally reduced public safety. Air quality could be adversely affected, as has been demonstrated in other studies when idle/standing times are increased.
151-1693
Fund Balance June 30, 2024 $538,423.77 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $7,710.93
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $546,134.70
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 7 Packet Pg. 959 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Hartnell Avenue at Lawrence Road 401 Fund
The fee was a condition of development of Greenway Subdivision and is for a signal at the intersection of Lawrence Road and Hartnell Avenue.
2240037
Fund Balance June 30, 2024 $66,076.28 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $1,805.10
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $67,881.38
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 8 Packet Pg. 960 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) North Redding Traffic Benefit District 151-1694 Fund
The purpose of this fee, as set forth in Section 16.20.180 of the Redding Municipal Code, is to provide for the cost of the reconstruction and expansion of the interchange at Interstate 5 and Oasis Road and the realignment and widening of Oasis Road, Cascade Boulevard, and Twin View Boulevard and other associated projects as referenced in the North Redding Traffic Benefit District Traffic Impact Fee Study within the North Redding Traffic Benefit District traffic impact fee zone in accordance with the development forecast under the City of Redding General Plan. As the amount of new development contemplated by the General Plan occurs, there will be an additional burden on the district's surface transportation system in the North Redding Traffic Benefit District impact fee zone. Without funding identified capital improvements, there will be an unacceptable level of traffic congestion, delays, accidents, and generally reduced public safety. Air quality could be adversely affected, as has been demonstrated in other studies, when idle/standing times are increased.
151-1694
Fund Balance June 30, 2024 $150,237.51 Current Fee: $5,738.00 per household equivalent 2024-25 Deposits $0.00
2024-25 Interest $2,151.61
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $152,389.12
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 9 Packet Pg. 961 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Shasta View Drive Extension 151 Fund
The fees were conditions of development of Gold Hills for improvements to Shasta View Drive within the subdivision and to connect Shasta View Drive to either Oasis Road or Collyer Drive. 151-104
Fund Balance June 30, 2024 $299,852.35 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $4,294.30
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $304,146.65
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 10 Packet Pg. 962 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Shasta View Drive/College View Drive Imp 401 Fund
The fee was a condition of development of UP-11-07 and is for improvements to the Shasta View Drive/College View Drive intersection.
2240056
Fund Balance June 30, 2024 $29,697.61 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $811.29
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $30,508.90
Funds are programmed for improvements to the Shasta View Drive/College View Drive intersection area. 11 Packet Pg. 963 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Traffic Signal - Airport Road and Meadowview Drive 401 Fund The fee was a condition of Use Permit UP-17-98 and is for a traffic signal at Airport Road and Meadowview Drive.
2240041
Fund Balance June 30, 2024 $6,223.15 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $170.00
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $6,393.15
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 12 Packet Pg. 964 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Traffic Signal - Lake Boulevard and Panorama Drive 401 Fund The fee was a condition of development of Hidden Haven Estates and is for a traffic signal at Lake Boulevard and Panorama Drive.
2240029
Fund Balance June 30, 2024 $4,977.38 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $135.96
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $5,113.34
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 13 Packet Pg. 965 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Traffic Signal - Lake Boulevard and Santa Rosa Way 401 Fund The fee was for a traffic signal at Lake Boulevard and Santa Rosa Way. 2240052
Fund Balance June 30, 2024 $10,110.66 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $276.22
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $10,386.88
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 14 Packet Pg. 966 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Traffic Signal - SR299/Churn Creek WB 401 Fund
The fee was for a traffic signal at the westbound intersection of SR299 and Churn Creek Road. 2240055
Fund Balance June 30, 2024 $68,083.85 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $1,859.94
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $69,943.79
Funds are programmed for the SR299 WB ramp.
15 Packet Pg. 967 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Traffic Signal - Victor Avenue and El Vista Street 401 Fund The fee was a condition of development of Victor Estates and is for a traffic signal at Victor Avenue and El Vista Street.
2240035
Fund Balance June 30, 2024 $76,607.29 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $2,092.81
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $78,700.10
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 16 Packet Pg. 968 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Hartnell Ave/Alta Mesa Dr Intersection 401 Fund
The fee is a condition of development of UP-2020-01669 and is for design and construction for a signalized intersection at Hartnell Ave + Alta Mesa Dr. 2240060
Fund Balance June 30, 2024 $178,596.04 Current Fee: Fee determined by fair share 2024-25 Deposits $0.00 calculation.
2024-25 Interest $4,878.98
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $183,475.02
The fund will be used for future improvements to the intersection when determined necessary. 17 Packet Pg. 969 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Shasta View Dr/ Goodwater Ave Intersection 401 Fund
The fee is a condition of development of UP-2020-01669 and is for design and construction for a signalized intersection at Shasta View Dr + Goodwater Ave. 2240061
Fund Balance June 30, 2024 $173,834.63 Current Fee: Fee determined by fair share 2024-25 Deposits $0.00 calculation.
2024-25 Interest $4,748.91
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $178,583.54
The fund will be used for future improvements to the intersection when determined necessary. 18 Packet Pg. 970 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Hartnell/Cypress Ave Intersection 401 Fund
The fee is for improvements to the intersection that include constructing dual left turn pockets for the westbound approach; and expanding southbound Hartnell Avenue to accommodate dual left turns from Cypress Avenue.
2240050
Fund Balance June 30, 2024 $0.00 Current Fee: Fee determined by fair share 2024-25 Deposits $113,305.50 calculation.
2024-25 Interest $0.00
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $113,305.50
The fund will be used for future improvements to the intersection when determined necessary. 19 Packet Pg. 971 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Park and Recreation Facilities Impact Fee 151-1796 Fund The purpose of the Parks and Recreation Facilities Impact Fee, as set forth in Section 16.20.210 of the Redding Municipal Code, is to provide for the planning, acquisition, improvement, expansion, and financing of public parks, playgrounds, and recreational facilities. Increases in development and population result in an increased need for park and recreation facilities. If this need were not met, the well-being of city residents could be adversely affected. In order to address this potential and to meet City recreation standards, it is appropriate that new development pay for additional park and recreation facilities attributable to the impact of such development. 151-1796
Fund Balance June 30, 2024 $2,508,239.18 Current Fee: $6,392.00 per household equivalent 2024-25 Deposits $779,754.68
2024-25 Interest $39,738.40
2024-25 Expenditures $30,988.81
2024-25 Transfers Out $150,000.00 Transfer In due to additional grant funds received for 2024-25 Transfers In $50,048.74 South City Park
Fund Balance June 30, 2025 $3,196,792.19
During Fiscal Years 2012-13, 2013-14, and 2014-15, Park and Recreation Impact Fees borrowed funds from Park In-Lieu Fees. The Transfer Out above is a 0% interest loan payment to Park-In-Lieu Fees. Future Park and Recreation Impact Fees collected will be used to repay the remainder of the loan, expected to be complete July 2028.
COMSA23003 Canyon Hollow Trail $9,775.63 $9,775.63 100% In Progress PARKS23026 Shastina Park $82,567.20 $21,213.18 26% Completed PARKG23029 South City Park $169,328.02 ($50,048.74) 0% In Progress 20 Packet Pg. 972 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Fire Facility Impact Fee 151-1699 Fund
The purpose of the Fire Facilities Impact Fee, as set forth in Section 16.20.150 of the Redding Municipal Code, is to fund facility and equipment needs, which are impacted by and required due to new development. There is a demand for new fire stations and equipment; replacement and updating of existing facilities and equipment; and construction of training facilities in response to development identified in the City of Redding General Plan. Evidence indicates that the demand is directly related to the impacts of new development and is necessary to maintain adequate levels of fire protection, suppression, rescue and emergency medical activities and the resources required for the successful mitigation of those incidents, while providing adequate response times and personnel to the areas served to maintain reasonable insurance rates for affected property owners. 151-1699
Fund Balance June 30, 2024 $1,786,896.82 Current Fee: $1,148.00 per household equivalent 2024-25 Deposits $483,066.77
2024-25 Interest $28,502.58
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $2,298,466.17
The Fund balance will be used for future Fire Station #9 debt service payments. 21 Packet Pg. 973 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Storm Drainage Impact Fees 241-6791 Fund
The purpose of the Storm Drainage Impact Fee, as set forth in Section 16.20.220 of the Redding Municipal Code, is to finance the cost of drainage and storm-water detention projects, including mains, tributary systems, creek improvements, and detention basins that are related to new development. New development increases the amount of impervious surfaces due to more roof area, paved streets, driveways, and parking lots. Flooding potential is thereby increased, particularly during periods of highintensity and/or sustained rainfall, creating an unacceptable hazard to citizen welfare and safety. The Storm Drainage Impact Fees will finance the improvements necessary to maintain adequate drainage, flood protection, and storm-water detention throughout the city in response to the impacts of new development.
241-6791
Fund Balance June 30, 2024 $3,168,336.74 Current Fee: $0.00 This fee is no longer collected. 2024-25 Deposits $0.00
2024-25 Interest $81,858.54
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $3,250,195.28
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 22 Packet Pg. 974 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Wastewater System Impact Fees 231-6391/6392 Fund
The purpose of the Wastewater System Impact Fee, as set forth in Section 16.20.200 of the Redding Municipal Code, is to further and protect the health and safety of the citizens of the city by providing for the construction of sewage and wastewater facilities, including new sewer drains, treatment plants, and aeration ponds. As new development occurs, there will be an additional burden placed on the existing sewer and wastewater collection, treatment, and disposal systems. Federal, State, and City health requirements set minimum standards for effluent treatment that results in the demand for new sewer and wastewater facilities.
231-6391/6392
Fund Balance June 30, 2024 $700,352.00 Current Fee: $6,457.00 per household equivalent 2024-25 Deposits $1,623,284.16
2024-25 Interest $8,643.83
2024-25 Expenditures $755,195.44
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $1,577,084.55
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing.
WSADM23038 Lake Redding Interceptor $41,618.31 $31,213.73 75% In Progress WSADM23014 Magnolia Area Sewer $1,420,429.11 $355,107.28 25% In Progress WSADM23015 Magnums Remote Lining $165,956.77 $41,489.19 25% In Progress WSADM23027 Master Plan Update $22,401.29 $11,200.65 50% In Progress WSADM23045 Rancho Lift Station $66.00 $66.00 100% In Progress WSADM23021 Trinity Street Sewer $348,979.52 $261,734.64 75% In Progress WSADM23024 Westside Interceptor Phase III $54,304.82 $54,304.82 100% In Progress WSADM23025 Woodacre Sewer $316.51 $79.13 25% Completed
23 Packet Pg. 975 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Upper and Middle Stillwater Sewer 401 Fund
The fee is a condition of approval for Hacienda Heights, Tierra Oaks and Hope Lane subdivisions for the construction of Upper and Middle Stillwater Creek gravity sewer trunk lines. 2240020
Fund Balance June 30, 2024 $195,829.54 Current Fee: $2,394.05 per household equivalent 2024-25 Deposits $0.00
2024-25 Interest $5,361.82
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $201,191.36
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 24 Packet Pg. 976 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Water System Impact Fees 221-6191 Fund
The purpose of the Water System Impact Fee, as set forth in Section 16.20.190 of the Redding Municipal Code, is to further and protect the health and safety of the citizens of the city of providing for facilities to ensure a continuing supply of potable water, including new water mains and storage reservoirs. Federal, State, and City regulations establish minimum standards for potable water required to adequately serve residential and other land uses, as well as to provide for fire protection. As the population increases and new development locates or existing development expands in the city, there will be an attendant demand to expand the facilities necessary to provide an adequate supply of potable water for domestic consumption; fire protection; and non-domestic purposes, such as industry and commerce. 221-6191
Fund Balance June 30, 2024 $2,651,089.53 Current Fee: $5,442.00 per household equivalent 2024-25 Deposits $1,486,109.08
2024-25 Interest $67,854.16
2024-25 Expenditures $1,131,374.54
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $3,073,678.23
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 6710402 Administration $11,413.27 $5,706.64 50% Ongoing WAADM23026 Buckeye Treatment Plant Improvements $41,782.62 $4,178.26 10% In Progress WAADM23006 Cypress Booster Pump Station $66,578.61 $13,315.72 20% In Progress WAADM23008 EW 12 Wellhead Treatment $500,291.22 $50,029.12 10% In Progress WAADM23019 Foothill Treatment Plant Improvements $61,276.67 $6,127.67 10% In Progress WAADM23012 Lake Blvd Water Line $613,495.35 $306,747.68 50% In Progress WAADM23015 Master Plan Update $20,842.83 $10,421.42 50% In Progress 6710404 Project Coordination $9,618.39 $4,809.20 50% Ongoing WAADM23017 Pump House 1 Replacement $1,959,833.57 $587,950.07 30% In Progress WAADM23018 Water Main Improvement 2023 $710,443.90 $142,088.78 20% In Progress 25 Packet Pg. 977 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution) Twin View Waterline 401 Fund
The fee is a condition of development of Churn Creek Park Subdivision and is for improvements to the Twin View Waterline.
2240033
Fund Balance June 30, 2024 $3,304.32 Current Fee: $40.00 per lot. 2024-25 Deposits $0.00
2024-25 Interest $90.47
2024-25 Expenditures $0.00
2024-25 Transfers Out $0.00
2024-25 Transfers In $0.00
Fund Balance June 30, 2025 $3,394.79
Refer to the 2024-25 to 2029-30 Capital Improvement Plan for project timing. 26 Packet Pg. 978 Attachment: ^DRAFT Mitigation Fee Act Report 2024-25 (9.11(d)--Mitigation Fee Act Report Update and Resolution)