HomeMy WebLinkAboutReso 1990-062 - Approving the permit for commercial activities at the redding airport •
RESOLUTION NO. 70 - ‘2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE PERMIT FOR COMMERCIAL ACTIVITIES AT THE
REDDING MUNICIPAL AIRPORT ENTERED INTO BETWEEN THE CITY OF
REDDING AND JOHN N. KILPATRICK, DBA REDDING AERO
ENTERPRISES, AND AUTHORIZING THE MAYOR TO SIGN SAME.
BE IT 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 attached Permit for Commercial Activities at the
Redding Municipal Airport entered into between the City of
Redding and John N. Kilpatrick, dba Redding Aero Enterprises; and
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign all necessary documents 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 on the aforesaid Permit,
when appropriate.
3 . That a true copy of said Permit is attached hereto and
incorporated herein by reference.
I HEREBY CERTIFY that the foregoing Resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 6th day of February , 1990 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS : Buffum, Dahl , Ful ton, Johannessen, & Carter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS : None
.)(X1-1-?:r
SCOTT CARTER, Mayor
City of Redding
ATTEST: FORM PPROVED:
ew 77.4df-e
ETHEL A. NICHOLS , City Clerk R2\NDALL . HAY , C . y Attorney
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PERMIT FOR COMMERCIAL ACTIVITIES
REDDING MUNICIPAL AIRPORT
JOHN N. KILPATRICK,
DBA REDDING AERO ENTERPRISES
WHEREAS, the CITY OF REDDING, a Municipal Corporation and
General Law City, hereinafter referred to as "CITY, " owns and
maintains the Redding Municipal Airport, situate in the City of
Redding, Shasta County, State of California; and
WHEREAS, FRED PERI entered into a Lease Agreement with CITY
dated January 21 , 1980, together with amendments thereto, herein-
after collectively referred to as the "Main Lease," covering the
premises commonly known as the "Peri Hangar Complex;" and
WHEREAS, JOHN N. KILPATRICK, doing business as REDDING AERO
ENTERPRISES, entered into a Hangar Space Sublease Agreement (copy
attached) with FRED D. PERI, doing business as PERI AVIATION
CENTER, effective December 15, 1989 , covering the premises known
as "Peri Hangar Space #3 ," hereinafter referred to as the
"premises"; and
WHEREAS, said premises is situated on a portion of the real
property more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference; and
WHEREAS, said premises is shown outlined on the sketch
attached hereto and incorporated herein by reference; and
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WHEREAS, in conjunction with said Hangar. Space Sublease
Agreement, JOHN N. KILPATRICK, doing business as REDDING AERO
ENTERPRISES, hereinafter referred to as "OPE'r_=_TOR," wishes to
carry on revenue-producing commercial activities at said Airport,
namely aircraft maintenance and repair not to exceed the confines
of Peri Hangar Space #3, aircraft charter services under FAA Part
135 Certificate, and pilot services limited only to piloting
other's aircraft, but not including pilot training, ground
school, or commercial refueling, under approval from the CITY in
accordance with Section 3 . 08 .030 of the Redding Municipal Code
and Resolution los. 2978 and 4162; and
WHEREAS, OPERATOR has applied to CITY for a Permit; and
WHEREAS, City Council, at its December 5, 1989, meeting,
made and passed a motion as follows:
To direct staff to work with Mr. Peri and Mr. Kilpatrick to
obtain an acceptable amendment to the prime lease and an
acceptable sublease arrangement between the two parties, and
that the business activities be restricted to the following:
aircraft maintenance and repair not to exceed the confines
of Peri hangar space #3, aircraft charter services, and
pilot services limited only to piloting otter's aircraft but
not including pilot training or ground school (no commercial
refueling operation will be included) ; that the applicant be
directed to comply with those items anti instruction as
outlined in the Building Official's October 20, 1989,
letter; and the applicant be allowed to defer, for a
temporary period up to but not exceeding six months, the
following: (1) area separation walls of one-hour minimum
fire resistive construction are required at both north and
south walls of hangars to enclose office area from repair
area, and to separate parts cleaner from repair area; and
(2) the public restroom needs to meet current sanitation
requirements; and
WAS, City Council has determined that the commercial
activities set forth in the above motion are compatible with the
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=_=port Master Plan, and that the best interests of the public
and the CITY will be served by approval of this Permit, subject
termination as hereinafter set forth.
NOW, THEREFORE, CITY hereby grants to 0?ERATOR a Permit,
::cense, and privilege to conduct and carry on from the premises
_= Redding Municipal Airport the hereinafter-described revenue-
; educing commercial activities for a term comrencing on the date
s Permit for Commercial Activities is executed by the Mayor of
CITY, and terminating on the date the first of the following
Czcars:
a) the date of expiration or earlier termination of the
Hangar Space Sublease Agreement between FRED E. PERI,
dba PERI AVIATION CENTER, as Lessee, and JOHN N.
KILPATRICK, dba REDDING AERO ENTERPRISES, as Sublessor;
or
b) the date of expiration or earlier termination of the
Main Lease between the CITY OF REDDING and FRED PERI;
or
c) at the end of the six-month period deferred by City
Council (which period will commence on the date this
Permit is executed by the Mayor of CITY) if OPERATOR
has not completed the area separat_cn walls and the
public restroom in accordance with CITY's Building and
Fire Code requirements; or
d) termination of this Permit as hereinafter set forth.
In addition, this Permit is subject to the following terms
and conditioas:
1. COJIMEXIAL ACTIVITIES.
a. OPEJBl1OR's commercial activities shall consist only of
the following:
Aircraft maintenance and repair not exceeding the
confines of Peri Hangar Space '3"; aircraft
charter services exercised under an already-
approved FAA Part 135 Certificate; and pilot
services limited only to piloting other' s
aircraft, but not including pilot training or
ground school. No commercial refueling operations
are allowed.
b. kg other commercial activity that OPERATOR may wish to
carry on at said Airport, in connection with the
foregoing or independently, shall first require the
written permission of CITY.
2. FEES; CRAKES.
a. OPERATOR will pay to CITY any landing fees due as a
result of its FAA Part 135 Certificate Charter Service
activity. Said fees are due and payable on the 10th
day of each month following such activity, and must be
ac copanied by a certified landing activity report.
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b. Any fees and charges more than 30 days past due may be
subject to a service charge of one percent (1%) per
month, based on an annual rate of twelve percent (12%) .
Without prejudice to any other remedy which otherwise
night be used for non-payment of fees and charges, or
other breach of this Permit , if CITY is required or
elects to pay any sum or sums or incurs any obligations
or expenses by reason of a failure, neglect, or refusal
of OPERATOR to perform any one or more of the terms,
conditions, and covenants of this Permit, or as the
result of any act or omission of OPERATOR contrary to
said terms, conditions, or covenants, the sum or sums
so paid, including all interest, costs, damages, or
penalties, may be added, after 15 days' written notice
by CITY to OPERATOR, to any fee thereafter due
hereunder, and shall be and become additional fees
recoverable by CITY in the same manner and with like
remedies as though it were originally a part of the
fees and charges set forth above.
c. The fees contained herein shall be reviewed on a
periodic basis, and submitted for City Council
approval.
3. USE OF AIRPORT.
CITY licenses OPERATOR to (a) use, in common with others
authorized spin do, all runways, taxiways, and aprons which are
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or may hereafter be provided at Redding Municipal Airport; and
ib) use all other facilities, improvements, equipment, and
services Which are or may hereafter be provided at the Airport,
except those under lease, permit, or assignment to another.
These uses shall include and be limited tc those reasonably
necessary for the proper operation by OPERATC? of its aircraft
raintenance and repair, aircraft charter, and pivot services; and
CITY will grant to OPERATOR, without charge, all rights
reasonably necessary for such uses.
4. AIRPORT FACILITIES.
Except for the premises described in Exhibit "A" attached
hereto, nothing herein contained shall be construed as entitling
OPERATOR to the exclusive use of any services, facilities, or
property rights at said Airport.
5. SERVICE TO T IE PUBLIC.
OPERATOR shall make its services availatle to the public
during normally-accepted business hours without unjust discrimi-
nation, and shall refrain from imposing or levying excessive,
discriminatory, or otherwise unreasonable charces or fees for any
use of its services; provided, however, that C==RATOR shall have
..he privilege of refusing service to any pers:n or persons for
just cause, without discrimination by virtue of race, color,
creed, or sex.
6. SECURITT RESPONSIBILITIES AND FEES.
OPERATOR agrees to accept its security res:nsibilities with
recard to access by authorized and unauthorized ersons using the
herein premises at all times during which the premises is left
open. Any fines imposed upon CITY by the federal Aviation
rd_-..d.. Security Field Office for violEzion of security
caused by the actions of OPERATOR' s personnel shall be paid by
CPERATOR.
7. TASTE; QUIET CONDUCT.
OPERATOR shall not commit or suffer to be committed any
waste upon the premises, nor any nuisance or ether act or thing
which nay disturb the quiet enjoyment of any cther occupant or
use of anis adjoining premises.
8. WHAMS' LIENS.
OPERATOR shall keep the premises and the :roperty on which
the premises are situated free from any liens arising out of any
work performed, material furnished, or obligation incurred by
OPERATOR.
9. RULES AND REGULATIONS.
OPERATOR covenants and agrees to comply Lith all statutes,
laws, ordinances, regulations, orders, jucyments, decrees,
directions, and requirements of all federal, state, county, and
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city authorities now or hereafter applicable to the herein
premises, or to any adjoining public ways.
1C. UNITED STATES OF AMERICA RESTRICTIONS.
a. It is understood and agreed that this Permit, insofar
as it pertains to the use of the ?edding Municipal
Airport, is subject to the covenants, restrictions, and
reservations contained in the following instruments to
which the United States of America is a party:
(1) Quitclaim Deed dated June 3, 1947, to the City of
Redding;
(2) Instrument of Transfer dated October 7, 1947, to
the City of Redding; and
(3) Grant Agreements of record executed by the City of
Redding in connection with Federal Aid Airport
Projects.
b. The permittee (OPERATOR) , for itself, its successors
and assigns, as a part of the consideration hereof,
does hereby covenant and agree that in the event
facilities are constructed, maintained, or otherwise
operated on the property described in this Permit for a
purpose for which a Department of Transport program or
activity is extended, or for another purpose involving
the provision of similar services or benefits, the
peraittee (OPERATOR) shall maintain and operate such
facilities and services in compliance with all other
requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation, and as said Regulations
may be amended.
c. Pezmittee (OPERATOR) , for itself, its successors and
assigns, as a part of the consideration hereof, does
hereby covenant and agree that: (1) no person on the
grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use
of said facilities; (2) that in the construction of any
improvements on, over, or under such lands and the
furnishing of services thereon, no person on the
grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of,
or otherwise be subject to discrimination; and (3) that
the permittee (OPERATOR) shall use the premises in
compliance with all other requirements imposed by or
pursuant to 49 CFR Part 21 , Nondiscrimination in
Federally-Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
d. That in the event of breach of any of the above nondis-
crimination covenants, CITY shall have the right to
terminate the Permit and to re-enter and repossess said
lands and facilities thereon, and hold the same as if
said Permit had never been made or issued; provided,
however, that the permittee (OPERATOR) allegedly in
bre shall have the right to contest said alleged
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breach under applicable Federal Aviation Administration
procedures , and any sanctions under or termination of
the Permit shall be withheld pending completion of such
procedures.
e. That in the event of breach of any of the above nondis-
crimination covenants, CITY shall have the right to
re-enter said lands and facilities thereon, and the
above-described lands and facilities shall thereupon
revert to and vest in and become the absolute property
of CITY and its assigns; provided, however, that the
party allegedly in breach shall have the right to
contest said alleged breach under applicable Federal
Aviation Administration procedures, and the right of
reverter shall not be exercised until completion of
such procedures.
f. 4b the extent that the United States of America may
release said Airport or any part thereof from any of
said covenants, restrictions, and reservations,
OPERATOR shall likewise be released by CITY.
11. FAA IMDIRtENTS.
To comply with Federal Aviation Administration requirements,
permittee (OPERATOR) , for itself, its successors and assigns, as
a part of the consideration hereof, does hereby covenant and
agree, as material terms of this Permit:
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(1) That in the event facilities are csnstructed, main-
tained, or otherwise operated on the property described
in this Permit for a purpose for which a Department of
Transport program or activity is extended, or for
anther purpose involving the provision of similar
services or benefits, permittee (OPERATOR) shall
maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant
to Title 49, Code of Federal Regulations, DOT, Subtitle
A, Office of the Secretary, Part 21, Nondiscrimination
in Federally-Assisted Programs of the Department of
Transportation--Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be
amended.
(2) That (a) no person on the grounds of race, color, or
national origin shall be excluded from participation
in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities; (b)
that in the construction of any improvements on, over,
or under such land and the furnishing of services
thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation
in, denied the benefits of, or otherwise be subject to
discrimination; and (c) that permittee (OPERATOR) shall
use the premises in compliance with all other require-
ments imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally-Assisted Programs of the
Department of Transportation--Effectuation of Title VI
of the Civil Rights Act of 1964, and as said
Regulations may be amended.
(3) That in the event of breach of any of the above nondis-
crimination covenants, CITY shall have the right to
terminate this Permit and to re-enter and repossess
said premises and the facilities thereon, and hold the
sane as if said Permit had never been made or issued.
This provision does not become effective until the
procedures of 49 CFR Part 21 are followed and
completed, including expiration of appeal rights.
(4) That permittee (OPERATOR) shall furnish its accommo-
dations and/or services on a fair, equal, and not
unjustly discriminatory basis to all users thereof, and
it shall charge fair, reasonable, and not unjustly
discriminatory prices for each unit or service;
provided that permittee (OPERATOR) ray be allowed to
make reasonable and nondiscriminatory discounts,
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rebates, or other similar type of price reductions to
volume purchasers.
(5) That non-compliance with paragraph 11 (4) above shall
constitute a material breach thereof; and in the event
of non-compliance CITY shall have the right to
terminate this Permit and the estate hereby created
without liability therefor, or, at the election of CITY
or the United States, either or both Governments shall
have the right to judicially enforce provisions.
(6) That permittee (OPERATOR) agrees that it shall insert
the above five provisions 11 (1) through 11 (5) in any
agreement, contract, etc. , by which said permittee
(OPERATOR) grants a right or privilege to any person,
firm, or corporation to render accommodations and/or
services to the public on the premises herein.
(7) That permittee (OPERATOR) assures that it will under-
take an affirmative action program as required by 14
CPR Part 152, Subpart E, to ensure that no person
shall, on the grounds of race, creed, color, national
origin, or sex, be excluded from participating in any
employment activities covered in 14 CFR Part 152,
Subpart E. Permittee (OPERATOR) assures that no person
shall be excluded on these grounds from participating
in or receiving the services or benefits of any program
or activity covered by this subpart. Permittee
(OPERATOR) assures that it will require that its
covered suborganizations provide assurances to
permittee (OPERATOR) that they similarly will undertake
affirmative action programs, and that they will require
assurances from their suborganizations, as required by
14 CFR 152, Subpart E, to the same effort.
(8) That CITY reserves the right to further develop or
improve the landing area of Redding Municipal Airport
as it sees fit, regardless of the desires or view of
permittee (OPERATOR) and without interference or
hindrance.
(9) That CITY reserves the right, but shall not be
obligated to permittee (OPERATOR) , to maintain and keep
in repair the landing area of Redding Municipal Airport
and all publicly-owned facilities of said Airport,
together with the right to direct and control all
activities of permittee (OPERATOR) in this regard.
(10) That this Permit shall be subordinate to the provisions
and requirements of any existing or future agreement
between CITY and the United States relative to the
development, operation, or maintenance of the Redding
Municipal Airport.
(11) That there is hereby reserved to CI.", its successors
and assigns , for the use and benefit of the public, a
right of flight for the passage of aircraft in the
airspace above the surface of the premises herein.
This public right of flight shall include the right to
cause in said airspace any noise inherent in the
operation of any aircraft used for na--igation or flight
through said airspace, or landing at, taking off from,
or operation on the Redding Municipal =.irport.
(12) That permittee (OPERATOR) agrees to comply with the
notification and review requirements covered in Part 77
of the Federal Aviation Regulations in the event future
construction of a building is planned for the herein
premises, or in the event of any planned modification
or alteration of any present or fcture building or
structure situated on the herein premises.
(13) That permittee (OPERATOR) , by accepting this Permit,
expressly agrees for itself, its successors and
assigns, that it will not erect nor permit the erection
of any structure or object, nor permit the growth of
any tree, on the land subject to this Permit above the
mean sea level elevation of 502 feet. In the event the
aforesaid covenants are breached, City reserves the
right to enter upon the land/premises hereunder and to
roe the offending structure or cl:ect and cut the
offending tree, all of which shall be at the expense of
permittee (OPERATOR) .
(14) That permittee (OPERATOR) , by accepting this Permit,
agrees for itself, its successors and assigns, that it
willnot make use of the premises herein in any manner
Which might interfere with the landing and taking off
of aircraft from the Redding Municipal Airport, or
otherwise constitute a hazard. It the event the
aforesaid covenant is breached, CITY reserves the right
to enter upon the herein premises and cause the
abatement of such interference at the expense of
permittee (OPERATOR) .
(15) That it is understood and agreed that nothing herein
contained shall be construed to grant or authorize the
granting of an exclusive right within the meaning of
Section 308a of the Federal Aviation Act of 1958 (49
D.S.E. 1349a) .
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12. RESTRICTION OF OPERATIONS.
If CITY's operation of the Airport or OPE '.TOR' s operations
at the Airport are substantially restricted by any competent
Governmental or judicial action, either party hereto will have
the right, upon notice, to an equitable reduction in the services
and facilities to be afforded hereunder, from :he time of such
notice until such restriction has been remedied and normal
operations restored.
13. MAINTENANCE AND OPERATION OF AIRPORT.
CITY mill properly maintain and operate CITY Airport
property for the safe, convenient, and proper use thereof by
OPERATOR, and in accordance with all FAA rules and regulations.
14 . CITY AIPINISTRATION.
Whenever OPERATOR is required to secure the approval or
consent from CITY herein, CITY shall mean the Director of
Airports of CITY. However, at the option of the Director of
Airports or the OPERATOR, and according to proper procedure, any
such questions may be referred to the City Council of CITY, whose
decision thereon shall be final.
15. TAXES.
OPERATOR agrees to pay promptly when due any and all taxes
assessed against its personal property and any possessory
interest tax levied by reason of its occupancy of the premises.
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16. INSIIRAI .
a. This Permit is granted upon the express condition that
CITE, its officers, agents, and emp:ovees, shall be
free from any and all liability and claims for damages
for personal injury, death, or property damage in any
way connected with OPERATOR' s activities at said
Airport, including claims of OPERATOR, its officers,
agents, employees, and invitees. CITY, its officers,
agents, and employees, shall be held harmless from any
and all liability, loss, cost, or obligation on account
of or arising out of any such injury, death, or loss,
however occurring.
b. OPERATOR shall procure and maintain from a company
authorized to do business in the State of California,
at its sole cost and expense and at all times during
the term of this Permit, comprehensive general
liability insurance policy for aircraft liability and
airport premises liability in an amount of
$1,000,000.00 combined single limits. Said policy
shall name CITY, its officers, agents, and employees,
as additional insured, and shall further contain a
provision obligating the insurance carrier to notify
cm in writing at least 10 days prior to any
cancellation or reduction of such insurance. A
Certificate of Insurance evidencing such coverage and
whim requirement shall be approved by the Risk
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Manager of CITY, and filed with him prior to the
commencement of this Permit.
c. it is further understood and agreed as a condition of
this Permit that OPERATOR will provide workers' compen-
sation insurance on its employees, and furnish the Risk
Manager of CITY with a Certificate evidencing such
insurance, approved by said Risk Manager. Said
Certificate shall contain a provision obligating the
insurance carrier to notify CITY in writing at least 10
days prior to any cancellation or reduction of such
insurance. To obtain an exemption from this
requirement should OPERATOR have no ezDloyees, OPERATOR
shall provide the City Clerk of CITY with a letter
stating that it is not employing any person or persons
in any manner so as to become subject to the workers'
compensation laws of California; provided, however,
that should OPERATOR later become subject to the
workers' compensation provisions of the Labor Code, it
will forthwith comply with the insurance requirements
set forth above.
17. SIGHS.
The size and location of signs advertising the activities of
OPERATOR shall be subject to the prior written approval and
control of CITY.
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18. TRADE FIXTURES.
Any trade fixtures, equipment, and other :roperty brought,
installed, or placed by OPERATOR in or about the herein premises
shall be and remain the property of OPERATOR ex:ept as otherwise
provided herein. OPERATOR shall have the right at any time
during the term hereof to remove any or all of its property,
subject to OPERATOR's obligation to repair all damage, if any,
resulting from such removal. Such trade fixtures, equipment, and
other property of OPERATOR shall be removed by OPERATOR from the
herein premises by the expiration or earlier termination of this
Permit.
19. RIGHT TO ENTER.
CITY and its authorized officers, acents, employees,
contractors, subcontractors, and other representatives shall have
the right to enter on and into OPERATOR' s premises for the
following purposes:
(a), To inspect said premises at reasonable intervals during
regular business hours (or at any time in case of
emergency) to determine whether OPERATOR has complied
with and is complying with the terms and conditions of
this Permit with respect to such prer✓ses; or
(b) In the exercise of CITY police power.
No such entry by or on behalf of CITY w _him or upon said
Dremises shall cause or constitute a termination of this Permit,
or be deemed to constitute an interference with the possession
thereof by OPERATOR.
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20. ASSIGNMENT OR SUBLETTING.
OPERATOR shall not assign this Permit or any interest
therein, and shall not sub-sublet the premises or any part
thereof, or any right or privilege appurtenant thereto, nor
suffer any other person (agents and employees of CITY excepted)
to occupy or use the premises or any portion tereof. Any such
assignment, subletting, occupancy, or use by another person or
entity shall be void and shall, at the option of CITY, terminate
this Permit.
21. BANKRUPTCY AND INSOLVENCY.
If OPERATOR shall be adjudged bankrupt, either by voluntary
or involuntary proceedings, or if OPERATOR shall be the subject
of any proceeding to stay the enforcement of obligations against
it in the form of reorganization or otherwise under and pursuant
to any existing or future laws of the Congress of the United
States, or if OPERATOR shall discontinue business or fail in
business, or abandon or vacate said premises, or make an
assignment for the benefit of creditors, or if said premises
should come into possession and control of any trustee in bank-
ruptcy, or if any receiver should be appointed in any action or
proceeding with power to take charge, possession, control, or
care of said premises, CITY shall have the option to forthwith
terminate this Permit. In no event shall this Permit be deemed
an asset of OPERATOR after adjudication in bankruptcy.
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22. REVOCATION OP ANY LEASE, PERMIT, LICENSE, OR AGREEMENT.
CITY shall have the right to terminate any lease, permit,
license, or agreement (including that of OPERATOR herein)
covering a commercial or noncommercial operation, and to revoke a
lease, permit, license, or agreement on any land or facility at
-he Airport (including that of OPERATOR herein) for any cause or
Teason provided by these standards, by the lease, permit,
license, or agreement itself, or by law, or upon the happening of
one or more of the following:
a. Filing a petition of voluntary or involuntary
bankruptcy with respect to the operator or license.
b. The making by the operator or licensee of any general
assignment for the benefit of creditors.
c. The abandonment or discontinuance of any operation at
the Airport by the commercial operator, or the failure
to conduct any service, operation, or activity which
the lessee, permittee, or licensee has agreed to
provide under the terms of his contract. If this
condition exists for a period of 10 days without prior
written consent of CITY, it will constitute an
abandonaent of the land or facilities, and the lease,
permit, and/or license shall become null and void.
d. The failure of an operator, permittee, or licensee to
pay promptly when due all rents, charges, fees, or
other payments in accordance with applicable leases,
permits, or licenses.
e. The failure of the operator, permittee, or licensee to
remedy any default, breach, or violation of the Airport
Rules and Regulations by him or his ezo_ loyees within 30
days after notice from the CITY.
f. Violation of any of these standards and rules and
regulations, or failure to maintain current licenses
required for the permitted operation.
g. Intentionally supplying CITY with false or misleading
information or misrepresenting any material fact on the
application or documents, or in statements to or before
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the CITY, or intentional failure to make full
disclosure on a financial statement, or other required
documents.
23. TERMINATION.
a. This Permit is subject to cancellation by either party
upon giving 30 days ' written notice in advance of such
cancellation date.
b. Breach by OPERATOR of any of the terms, covenants,
conditions, and agreements contained herein, if not
corrected by OPERATOR within said 30-div notice period
by CITY to do so, shall be a basis for cancellation of
this Permit.
24. NOTICE.
Any notices or demands that may be given by either party
hereunder, including notice of default and notice of termination,
shall be deemed to have been fully and properly given when made
in writing, enclosed in a sealed envelope, and deposited in the
tnited States Post Office, certified mail, postage prepaid,
addressed as follows: To CITY c/o Director of Airports,
760 Parkview Avenue, Redding, California 960''l-3396; and to
OPERATOR at Redding Aero Services, 6751 Airport Road, Redding,
California 96002.
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25. CEQA.
It has been determined that this matte: is categorically
exempt from the provisions of the California Environmental
Quality Act.
26. ENTIRE AGREEMENT.
This Permit sets forth the entire agree-lent between the
parties hereto. Modifications or additions to this Permit shall
be considered valid only when mutually agreed r:on by the parties
in writing.
27. SUCCESSORS AND ASSIGNS.
All covenants, stipulations, and agreeme:_s in this Permit
shall extend to and bind the legal representatives, successors,
and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto Lave executed this
Permit on the day and year set forth below.
CITY OF REDDING
DATED: January , 19 9 0 By:
SCOTT CART_3, Mayor
DATED: January , 19 9 0 L- -�
/Iv /
dillOHN N. KILPATRICK, .l.ing business
as REDDING AERO ENTERPRISES
• •
CONTINUATION OF SIGNATURES TO PERMIT FOR COMMERCIAL ACTIVITIES AT
REDDING MUNICIPAL AIRPORT BETWEEN THE CITY OF REDDING AND JOHN N.
KILPATRICK, DOING BUSINESS AS REDDING AERO ENTERPRISES:
ATTEST:
==EEL A. NICHOLLS, City Clerk
FORM PROVED:
� A
u
P DALL A. HAYS, City ttorney
EXHIBIT "A"
LEGAL DESCRIPTION
---000---
All that certain real property situate in the County of
Shasta, State of California, described as follc-ws:
Commencing at the northeast corner of Section 27, T. 31 N. ,
R. 4 B., X.D.M.; thence on and along the north line of Section
27, S. 89`14'56" W. , 2000. 00 feet to a point on the centerline of
Airport Road; thence on and along said centerline,
S. 00'02'04" E., 3939. 68 feet to the intersection with the
centerline of the Municipal Airport entrance road; thence on and
along the centerline of said entrance road, N. E9'57 '56" E. ,
1129.56 feet to a point on the centerline of the taxiway of the
Redding Municipal Airport; thence on and along said centerline
of taxiway, A. 00'03'56" E. , 526.36 feet; thence N. 6603156" E. ,
59.50 feet; thence leaving said centerline of taxiway,
S. 89`51'08" W., 755.20 feet to the true point of beginning;
thence running the following bearings and distances,
N. 00'08152" W., 344. 00 feet; thence S. 89'51 'OE" W. , 50.00 feet;
thence S. 00'08'52" E. , 344 .00 feet; thence N. E9'51'08" E. ,
50.00 feet to the point of beginning. Containing 17,200 square
feet.
i ;•
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• •
HANGAR SPACE SUBLEASE AGREEMENT
---000---
TTI8 LUGAR SPACE SUBLEASE AGREEMENT is entered into
effective the 15th day of December, 1989, by and between FRED E.
PERI dba PERI AVIATION CENTER ("Lessee") , and JOHN N. KILPATRICK
dba Redding Aero Enterprises ("Sublessor") . In consideration of
the mutual covenants contained herein, and for c:her good and
valuable consideration, the parties hereby agree as follows:
1. SUBLEASE OF THE HANGAR SPACE. Lessee hereby leases to
Sublessee hangar space in Hangar 3 only, located at the Peri
Aviation Center at Redding Airport and described as follows: A
part of that certain parcel of property located at Redding
Airport and commonly known as the Peri Hangar Complex, more
particularly described on Exhibit "A" attached hereto and made a
part hereof for all purposes.
Hangar space shall be used and occupied by Sublessee
solely for the following purposes:
(a) Storage of aircraft and personal property;
(b) Aircraft maintenance and repair business not to
exceed the confines of Peri Hangar Space "3";
(c) Aircraft charter service under FAR Part 135; and
(d) Pilot services.
Note - `Pilot services" will consist only of piloting others'
aircraft but specifically does not include pilot training or
pilot or navigation ground school. No commercial fueling
operations are allowed.
2. MC The term of this Agreement shall commence on
December 15, 1989, and shall continue in effect through December
14, 1990, unless earlier terminated under the terms of this
Agreement. Thereafter this Agreement shall continue in effect
from month to sonth, being automatically renewed each month,
unless terminated under the terms of this Agreetent.
1
•
3. RBN?. For use of the hangar space, Sublessee shall pay
Lessee, at the address specified in Paragraph 17 hereof, the base
rent of Four Hundred Fifty Dollars ($450. 00) per month, payable
in advance on the first day of each month.
In addition to the base rent set forth above, Sublessee
agrees to pay as additional rent, its proportionate share of the
following expenses of the hangar facility:
(a) Land lease payments to the City of Redding;
(b) Property taxes, being all real property taxes and
general and special assessments levied and assessed now or
in the future, together with any personal property taxes
levied or assessed against Lessee's facility;
(c) Utilities;
(d) Insurance; and
(e) Maintenance.
Sublessee's proportionate share of the above costs
shall be one-sixth (1/6) of the total of such costs. Each year
in the month of January, Lessee shall notify Sublessee of
Lessee's calculation of Sublessee's proportionate share of such
costs, which shall accrue during the ensuing year. Sublessee
shall pay one-twelfth (1/12) of the estimated share of such
costs, mcmthly, at the same time as Sublessee pays the base rent.
Lessee shall, at the end of each calendar year, calculate and
provide to Sublessee the actual costs incurred for such items by
Lessee and, should any adjustment be required because of
overpayment or underpayment during the preceding year, Lessee
shall reimburse or bill Sublessee for such sums. Sublessee shall
be entitled to receive such information and receipts to verify •
the amounts being charged by Lessee as reimbursement for the
above costs.
In the event that Sublessee shall undertake a use in
the hangar which shall require the usage of a greater amount of
electricity the proration of the utility bill may be reviewed
with Sublessee to pay his equitable share thereof.
2
•
•
Lessee, Fred E. Peri, acknowledges receipt of the sum
of Four Hundred Fifty Dollars ($450. 00) , being the base rent for
the last month of this Sublease, being the period November 15,
1990 through December 14, 1990.
The undersigned Sublessee, John N. Kilpatrick, agrees
that if rental payments are not received by Fred E. Peri by the
20th day of the monthf ton which such payments are due, there shall
be charged, in addition to the rental payment, a late fee of One
Hundred Twenty Five Do ars ($125. 00) .
.I
L nit
4. BUN HANGAR SPACE. The hangar space shall be used
for:
(a) Storage of aircraft and other personal property;
(b) Aircraft maintenance and repair business;
(c) Aircraft charter service; and
(d) Pilot services.
Lessee is required by the City of Redding, the Lessor
of the real property to the Lessee, to obtain prior written
consent from the City of Redding for the activities and use of
the Premises by Sublessee before this Sublease shall be
effective. Lessee is required by the City of Redding to confirm
that Sublessee's business activity in Peri Aviation Center Hangar
No. 3 is acceptable as measured under the criteria of a joint
City of Redding Buildings and Fire Codes inspection before this
Sublease shall be effective.
Sublessee shall control the conduct and demeanor of its
employees and invitees and of those doing business with it, in •
and around the hangar and hangar space, and shall take all steps
necessary to remove persons whom Lessee may, for good and
sufficient cause, deem objectionable.
Sublessee shall keep hangar floor of the hangar space
clean and free of debris at all times. In utilizing the hangar
space during the term of this Agreement, Sublessee agrees to and
shall conpIy•mith all applicable ordinances, rules and
3
•
• • ••
•
regulations established by any federal, state or local government
agency, including the City of Redding, or by Lessee.
On the termination of this Agreement, by expiration or
cthervise, Sublessee shall immediately surrender possession of
the hangar space and shall remove the aircraft and all other
property therefron, leaving the hangar space in the same
condition as when received, ordinary wear and tear excepted.
Sublessee shall be liable for any and all damage to the hangar or
to the hangar space caused by Sublessee ' s use, including, but not
limited to, bent or broken interior walls, damage to unsealed
floors due to fuel oil spillage, or doors damaged due to
Sublessee's improper or negligent operation.
S. PRIMARY LEASE. It is expressly understood and agreed
that if the primary lease between the City of Redding and Lessee,
zhich covers the hangar and adjacent areas is terminated,
cancelled or for any reason abated as to any portion of the
hangar or adjacent areas, such termination, cancellation or
abatement will operate as a cancellation of this Agreement, and
Lessee vill be relieved of liability for any and all damages
Sublessee may sustain as a result thereof.
This Bangar Space Sublease Agreement constitutes a
sublease under the Lease dated January 21, 1980, between the City
of Redding as Lessor and Fred Peri as Lessee, and this Sublease
is subject to the terms and conditions of that Lease, including
any restrictions as to uses, activities or operations undertaken
on the Premises.
6. SUBLEASE/ASSIGNMENT. Sublessee shall have no right to
further sublease the hangar space or to assign this Sublease
Agreement. Such action can only be taken by Lessee with prior
Vritten approval by the Lessor, City of Redding.
Activities beyond those specified in Paragraphs 1 and 4
above shall constitute additional sublease activity and shall
also be deemed unapproved by Lessor.
4
• • •
7. CONDITION OF PREMISES. Sublessee shall accept the
hangar space in its present condition without any liability or
obligation on the part of the Lessee to make any alterations,
improvements or repairs of any kind on or about said hangar
space.
S. ALTW11ONS. Sublessee covenants and agrees not to
install any fixtures or make any alterations, additions or
improvements to the hangar space without the prior written
approval of Lessee. All fixtures installed or additions and
improvements made to the hangar space shall become Lessee's
property and shall remain in the hangar space at the termination
of this Agreement, however, terminated, without compensation or
payment to Sublessee, unless Sublessee shall, prior to the
termination of this Sublease, remove any such fixture or
addition, with the cost of such removal and any damage resulting
therefrom to be paid by Sublessee.
9. INSURANCE. Sublessee agrees to maintain, at its own
cost and expense, a policy or policies of insurance with single
limit liability coverage of no less than $1, 000,000.00 for injury
to persons or property arising out of Sublessee's ownership and
use of any aircraft owned or leased by Sublessee, or as a result
of Sublessee's possession and occupancy of the space described
herein. Sublessee shall, within ten (10) days of the execution
of this Sublease, provide to Lessee proof of said insurance.
Said proof of insurance shall reflect the City of Redding, its
officers, agents and employees as additional insureds.
le. MUM. In the event the hangar or the hangar space,
or the Beans of access thereto, shall be damaged by fire or any
other cause, the rent payable hereunder shall not abate, provided
that the hangar space is not rendered untenantable by such
damage. If the hangar space is rendered untenantable and Lessee
elects to repair the hangar or hangar space, the rent shall abate
for the period during which such repairs are being made, provided
the damage was not caused by the acts or omissions of Sublessee,
5
•
• •
•
•
its employees, agents or invitees, in which case the rent shall
not abate. If the hangar or hangar space is rendered
untenantable and Lessee elects not to repair the hangar space,
this Agreement shall terminate. Lessee shall have ten (10) days
from and after the date of any occurrence to notify Sublessee in
writing of Lessee's intent to rebuild or repair the hangar space,
or Lessee nay terminate this Sublease in writing. Upon Lessee's
election to repair or rebuild such hangar space Sublessee may
terminate this Sublease in writing if such repair or replacement
is not completed within ninety (90) days from and after the date
of the damage.
11. INDEMNITY FORCE MAJEURE. Sublessee agrees to release,
indemnify and hold Lessee, its agents and employees harmless from
and against any and all liabilities, damages, business
interruptions, delays, losses, claims, judgments, of any kind
whatsoever, including all costs, attorney's fees, and expenses
incidental thereto, which may be suffered by, or charged to,
Lessee for any reason of any loss of or damage to any property or
injury to or death of any person arising out of or by reason of
any breath, violation or nonperformance by Sublessee or its
servants, employees or agents of any covenant or condition of the
Agreement or by any act or failure to act of these persons.
Lessee shall not be liable for its failure to perform
this Agreement or for any loss, injury, damage or delay of any
nature vhatsoever resulting therefrom caused by an act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection,
wear or any other cause beyond Lessee's control.
12. DISCIMIMER OF LIABILITY. Lessee hereby disclaims and
Sublessee hereby releases Lessee from any and all liability,
whether in contract or tort (including strict liability and
negligence), for any loss, damage or injury of a:-.y nature
whatsoever sustained by Sublessee, its employees, agents,
invitees or property during the term of this Agreement,
including, but not limited to, loss, damage or injury to the
6
aircraft or other property of Sublessee that tay be located or
stored in the hangar space.
13. DEFAULT. This Agreement shall be brea:hed if:
(a) Sublessee shall default in the payment of any
rental payments hereunder;
(b) Sublessee shall default in the performance of any
other covenant herein, and such default shall ccatinue for ten
(10) days after receipt by Sublessee of notice thereof from
Lessee;
(c) Sublessee shall cease to do business as a going
concern;
(d) A petition is filed by or against Sublessee under
the Bankruptcy Act or any amendment thereto (including a petition
for reorganization or any arrangement) ; and
(e) Sublessee assigns his/her property for benefit of
creditors.
lathe event of any breach of this Agreement by
Sublessee, Lessee shall, at its option, and without further
notice, have the right to terminate this Agreement and to remove
aircraft and any other property of Lessee from the hangar space,
using such force as may be necessary without berg deemed guilty
of trespass, breach of peace or forcible entry aid detainer, and
Sublessee expressly waives the service of any nctice. Exercise
by Lessee of either or both of the rights specified above shall
not prejudice Lessee's right to pursue any other remedy available
to Lessee in lay or equity.
14. GOVERNING LAW. This Agreement shall be construed in
accordance with the laws of the State of California.
15. RELATIONSHIP OF PARTIES. The relationship between
Lessee and Sublessee shall always and only be that of Lessee and
Sublessee. Sublessee shall never, at any time ±::ring the term of
this Agreeaent, become the agent of Lessee, and Lessee shall not
be responsible for the act or omissions of Sublessee or its
agents.
7
• •
•
16. REMEDIES CUMULATIVE. The rights and remedies with
respect to any of the terms and conditions of this Agreement
shall be caaulative and not exclusive, and shall be in addition
to all other rights and remedies.
17. NOTICES. Any notice given by one party to the other in
connection with this Agreement shall be in writing and shall be
sent by certified or registered mail, return receipt requested,
addressed as follows:
If to Lessee: FRED E. PERI
PERI AVIATION CENTER
46-665 Quailrun Lane
Indian Wells, CA 92210
If to Sublessee: JACK KILPATRICK
6749 Airport Road
Redding, CA 96002
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
18. IfGRATION. This Agreement constitutes the entire
agreement between the parties, and as of its effective date
superseded all prior independent agreements between the parties
related to the leasing of the hangar space. Any change or
modification hereof must be in writing signed by both parties.
18. ATTORNEY'S FEES. The prevailing party in any
litigation to enforce the terms hereof or arising out of the
terms of this Agreement shall be entitled to reasonable
attorney's fees to be established by the Court.
20. FAIVER. The waiver by either party of any covenant or
condition of this Agreement shall not thereafter preclude such
party from demanding performance in accordance with the terms
hereof.
21. SUCCESSORS BOUND. This Agreement shall be binding and
shall inure to the benefit of the heirs, legal representatives,
successors and assigns of the parties hereto.
IN EMUS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
8
•
•
li. RISOKIES CUMULATIVE. The rights and remedies with
respect to any of the terms and conditions of this Agreement
shall be alative and not exclusive, and shall be in addition
to all other rights and remedies.
17. NOTICES. Any notice given by one party to the other in
connection with this Agreement shall be in writing and shall be
sent by certified or registered mail, return receipt requested,
addressed as follows:
If to Lessee: FRED E. PERI
PERI AVIATION CENTER
46-665 Quailrun Lane
Indian Wells, CA 92210
If to Sublessee: JACK KILPATRICK
6749 Airport Road
Redding, CA 96002
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
18. INTEMATION. This Agreement constitutes the entire
agreement between the parties, and as of its effective date
superseded all prior independent agreements between the parties
related to the leasing of the hangar space. Any change or
modification hereof must be in writing signed by both parties.
12. 1R7ORNEY'S FEES. The prevailing party in any
litigation to enforce the terms hereof or arising out of the
terms of this Agreement shall be entitled to reasonable
attorney's fees to be established by the Court.
20. MEER. The waiver by either party of any covenant or
condition of this Agreement shall not thereafter preclude such
party fret demanding performance in accordance with the terms
hereof.
21. SOCCESSORS BOUND. This Agreement shall be binding and
shall inure to the benefit of the heirs, legal representatives,
successors and assigns of the parties hereto.
IN Ems IMEREOF, the parties have executed this Agreement
as of the day and year first above written.
8
. .
•
LESSOR: LESSEE: -
PERI AVIATION CENTER '
By B . - / 2 'Y2( 4 "
Y
F ?'
PERI •HN N. RILPATRICK
E
APPROVED: L N. ,
CITY OF REDDING ion
By ine of
and
the
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' E. ,
{
1feet;
'are
•
9