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Home My WebLink AboutReso 94-163 - Approve license agreement between the COR & the Exchange Club of Redding, for use of RMA during Air Show '94 RESOLUTION NO. SLI- 162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LICENSE AGREEMENT BETWEEN THE CITY OF REDDING AND THE EXCHANGE CLUB OF REDDING, FOR THE USE OF REDDING MUNICIPAL AIRPORT DURING AIR SHOW '94, AND AUTHORIZING THE MAYOR TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. That the City Council of the City of Redding approves the License Agreement for Air Show '94 between the City of Redding and the Exchange Club of Redding, a true copy of which is attached hereto and incorporated herein. 2. That the Mayor of the City of Redding is hereby authorized and directed to sign said License Agreement on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 7th day of June , 1994, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: McGeorge ATTEST: CONNIE S ROHMAY City Clerk RMERT C. ANDERSON, Mayor City of Redding CONTENT APPROVED: FORM APPROVED: GEORGE E. PERRY, JR. RA DALL A. , City Attorney Director of Airports ' F`,. 01) LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this day of 11 by and between the CITY OF REDDING, a Municipal Corporation (hereinafter referred to as the "City" or "Licensor" ) , and the EXCHANGE CLUB OF REDDING (hereinafter referred to as the "Licensee" ) : RECITALS WHEREAS, Licensee desires to stage an event to be called "Airshow 194" which shall include the static display of aircraft, the flying display of aircraft including aerobatics maneuvers, and the sale of souvenirs, food and beverages to the public; and WHEREAS, the City owns and operates the Redding Municipal Airport, such airport being a suitable facility for the holding of Licensee ' s "Airshow ' 94" and approved by the Federal Aviation Administration for same; and WHEREAS, the City shall permit Licensee to stage "Airshow 194" only under the terms and conditions set forth below. DEFINITIONS The word "premises" means all that real property located on property commonly referred to as the Redding Municipal Airport. i i TERMS AND CONDITIONS 1. LICENSE. The City hereby authorizes a revocable license to Licensee to utilize the premises for the sole purpose of staging "Airshow ' 94 . " 2. TERM. The term of this license shall commence on 6-10-94 and shall terminate on 7-3-94 3 . TERMINATION. The City may terminate the revocable license authorized by this agreement at any time without prior notice to Licensee. 4. INDEMNIFICATION. Licensee hereby covenants and agrees that the City, its elected officials, officers, agents, employees and volunteers shall be free from any and all liability, actions, causes of action, claims, demands, damages, costs, loss of services, expenses, and compensation, on account of, or in any way growing out of, any and all known and unknown personal injuries and property damage resulting or to result from its use of the premises; that Licensee shall indemnify, defend, and hold harmless the City, its elected officials, officers, agents, employees and volunteers from any and all liability, loss, cost, or obligation on account of or arising out of any such injury, death, or loss, regardless of the nature or character, in any manner whatsoever, on account of or arising out of or related to the Licensee's use of the premises, unless unless such be caused by the sole negligence or the City, its i elected officials, officers, agents, employees and volunteers. I' i i 2 i 5 . ADDITIONAL INDEMNITIES. The City, its elected officials, officers, agents, employees and volunteers shall be named as additional indemnities in all indemnification agreements entered into by the Licensee with its contractors, subcontractors, concessionaires, exhibitors, and other participants in "Airshow 194. " 6 . INSURANCE REQUIREMENTS. The Licensee shall procure and maintain for the term of this License Agreement, Airmeet Liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Licensee's use of the premises. Such coverage shall include the ownership, maintenance and use of grandstands, bleachers, and observation platforms, and the sale or distribution of souvenirs, food, beverages and other products on the premises. The cost of such insurance shall be borne by the Licensee. Licensee shall maintain Airmeet Liability limits no less than $5,000 ,000 per occurrence. The Licensee shall also procure and maintain for the term of this license agreement, Liquor Liability insurance, in an amount not less than $1,000,000 per occurrence. The Airmeet Liability and Liquor Liability policies are to contain, or be endorsed to contain, the following provisions: a. The City, its elected officials, officers, agents, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Licensee, including the City' s supervision of the Licensee, products and completed operations of the Licensee; property owned, occupied or used by the Licensee. The coverage shall contain no special i 3 i limitations of the scope of the protection afforded to the City, its elected officials, officers, agents, employees and volunteers. b. The Licensee' s insurance coverage shall be primary insurance as respects to the City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its elected officials, officers, agents, employees and volunteers shall be excess of the Licensee' s insurance and shall not contribute with it. C. Any failure to . comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected officials, officers, agents, employees and volunteers. d. The Licensee' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability. e. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City. The Licensee shall also procure and maintain for the term of this license agreement Automobile Liability for non-owned and hired vehicles used by or at the direction of Licensee, in an amount not less than $1,000,000 per occurrence. Insurance is to be placed with insurers with a current A.M. Best' s rating of no less than A:VII. Licensee shall furnish the City i 4 with certificates of insurance and original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies at any time. Should the Licensee require insurance coverage from contractors, subcontractors, concessionaires, exhibitors and airshow participants, or other parties, the provisions and endorsements listed in paragraph 6, subdivision (e) shall apply. 7. SECURITY. Licensee shall provide all necessary security personnel for crowd control and traffic control before, during and after the hours which the public may attend the event during the term of this license agreement. 8. UTILITIES. Licensee shall pay for all additional garbage and electric utilities required by Licensee over and above those utilities already provided by Redding Municipal Airport. 9. SANITATION FACILITIES. Licensee shall, at its sole cost and expense, provide temporary sanitation facilities adequate for the public. 10. GARBAGE AND TRASH. Licensee shall keep the premises clean and free from all trash, refuse, debris and other waste material. 11. RULES AND REGULATIONS. Licensee shall, at its sole cost and expense, comply with all of the requirements of all County, i 5 I I • City, State and Federal authorities now in force, or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe in the use of the premises all County and City ordinances and State and Federal Statutes, now in force or which may hereafter be in force. 12. WASTE. Licensee shall not commit, nor suffer to committed, any waste upon the said premises, nor any nuisance. 13 . NOTICES. Written notices to the City shall be given by registered or certified mail, postage prepaid, and addressed to: George Perry, Airports Director City of Redding 6751 Airport Road Redding, CA 96002 Written Notices to Licensee shall be given by registered or certified mail, postage prepaid, and addressed to: David McGeorge 2269 Hartnell Avenue Redding, CA 96002 14. ASSIGNMENT. The license authorized by the Licensor is a personal privilege of the Licensee and may not be assigned, or otherwise transferred to another. 15. ATTORNEY'S FEES. In any action or proceeding between Licensor and Licensee to enforce any provision of this license, the prevailing party shall be awarded attorney' s fees and costs. 16. CALIFORNIA LAW. Any dispute between the parties relating to the interpretation and enforcement of their rights and obligations under this License Agreement shall be resolved by the laws of the State of California. I 6 i 17. ENTIRE AGREEMENT. This License Agreement reflects the entire understandings of the parties hereto and supersedes any and all oral, written, implied or expressed understanding or agreement between the parties hereto concerning the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of 1994. CITY OF REDDING ATTEST: By: CONNIE STROHMAYER, City Clerk ROBERT C . ANDERSON, Mayor FORM APPROVED: EXCHANGE CLUB OF REDDING r By:, RANDALL A. HAYS, City Attorney VIDMC ORG , Airshow 194 I I