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HomeMy WebLinkAboutReso 93-232 - Approve & Authorize the mayor to sign the "License Agreement" between the COR & the Experimental Aircraft Assoc Ch 157 & Hillside Aviation for use of city fac during aviation day 1993 at Benton Airport RESOLUTION NO. 9 3-2.3 2— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE "LICENSE AGREEMENT" BETWEEN THE CITY OF REDDING AND THE EXPERIMENTAL AIRCRAFT ASSOCIATION CHAPTER 157 AND HILLSIDE AVIATION FOR USE OF CITY FACILITIES DURING AVIATION DAY 1993 AT BENTON AIRPORT. i I 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 hereby approves the License Agreement for Aviation Day 1993 at Benton Airport between the City of Redding and the Experimental Aircraft Association Chapter 157 and Hillside Aviation, a true copy of which is attached hereto and incorporated herein by reference. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said 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 thereto. 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 15th day of June , 1993 , and was duly adopted at said meeting by the following vote: AYES• COUNCIL MEMBERS• Anderson, Dahl, Kehoe, Moss and Arness NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None CARL ARNESS, Mayor City of Redding A ST: FORM, APPROV CONNIE STROHMAYER, City Clerk RANDALIL A. HAYS, City Attorney �f� RISK MANAGEMENT JUN 0 9 1993 u-1 Y OF REDDING LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this < day of It%►cam by and between the CITY OF REDDING, a Municipal Corporation (hereinafter referred to as the "City" or "Licensor" ) , and the EXPERIMENTAL AIRCRAFT ASSOCIATION (FAA) CHAPTER 157 and HILLSIDE AVIATION (hereinafter referred to as the "Licensee" ) : RECITALS WHEREAS, Licensee desires to stage an event to be called "Aviation Day 1993" which shall include the static display of aircraft, walk-through tours of airport facilities, and the sale of souvenirs, food and beverages to the public; and. WHEREAS, the City owns and operates the Benton Airport, such airport being a suitable facility for the holding of Licensee' s "Aviation Day 1993;" and WHEREAS, the City shall permit Licensee to stage "Aviation Day 1993" 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 Benton 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 "Aviation Day 1993 ." 2. TERM. The term of this license shall commence on June 20, 1993 and shall terminate on June 21, 1993 . 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 i 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 elected officials, officers, agents, employees and volunteers. i 2 S. 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, j concessionaires, exhibitors, and other participants in "Aviation Day i 1993 ." i Any participant providing airplane, helicopter or balloon rides I shall agree to indemnify and hold harmless the City of Redding, its officers, officials, agents, employees and volunteers and shall provide insurance as required by the City to cover any loss or liability arising therefrom. 6 . INSURANCE REQUIREMENTS. The Licensee shall procure and maintain for the term of this License Agreement, Airport 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 ( if applicable) , 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 Airport Liability limits of no less than $1,000,000 per occurrence. The Airport Liability policy is to contain, or be endorsed to contain, the following provisions: 3 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 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. 4 i 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 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 or other utilities required by Licensee over and above those utilities already provided by Benton 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. 5 11 . RULES AND REGULATIONS. Licensee shall, at its sole cost and expense, comply with all of the requirements of all County, 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: Doyle Ruff , 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: Doug Hay, Secretary Steve Miller, Experimental Aircraft Hillside Aviation Association Chapter 157 2600 Gold Street 3256 Lake Redding Drive Redding, CA 96001 Redding, CA 96003 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. ATTORNEYS 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. 6 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. 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 '_��C�� 1. , 1993 . CITY OF REDDING ATTEST: By: CONNIE STROHMAYER, City Clerk CARL ARNESS, Mayor FORM APPROVED: By RANDALL A. HAYS, City Attorney cr6firy, Exper tai ircra iat, ChaFtfer 157 STEVE MILLER, 11 Aviat ; 7