HomeMy WebLinkAboutReso 1990-076 - Permit agreement between COR and rodney thomas and marilyn thomas ` _ s . •
RESOLUTION NO. 90-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE PERMIT AGREEMENT BETWEEN THE CITY OF REDDING
AND RODNEY D. THOMAS AND MARILYN K. THOMAS , DOING BUSINESS
AS REDDING RACEWAY, FOR THE PERIOD MARCH 1 , 1990 , EFFECTIVE
FEBRUARY 28 , 1991 , FOR ACTIVITIES AT REDDING MUNICIPAL
AIRPORT, 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 hereby
approves the above Permit Agreement between the City of Redding
and Rodney D. Thomas and Marilyn K. Thomas , doing business as
Redding Raceway, 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 Permit 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 6th day of February, 1990 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen, & Carter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS : None
2.4440
SCOTT CARTER, Mayor
City of Redding
ATTEST:
OPPROVE
6 _
ETHEL A. NICHOLS , City Clerk RANDALL A. HAYS , C ty Attorney
PERMIT
THIS PERMIT AGREEMENT, effective March 1 , 1990 , is made and
entered into by and between the CITY OF REDDING, a Municipal
Corporation, hereinafter referred to as "City, " and RODNEY D.
THOMAS and MARILYN K. THOMAS, doing business as REDDING RACEWAY,
a Partnership, hereinafter referred to as "Permittee" :
WITNESSET H:
WHEREAS , City owns and maintains the Redding Municipal
Airport located in the City of Redding, County of Shasta, State
of California; and
WHEREAS, Permittee has requested permission to renew its
Permit to use a taxiway located east of the runways at said
Airport (formerly used by Redding Dragstrip Association under
permit from City as a "dragstrip") , together with access thereto
from a City road; and
WHEREAS , City has no present need for such taxiway, and
deems it to be in the best interests of the public to authorize
the requested use thereof by Permittee, subject to the terms and
conditions hereinafter set forth;
NOW, THEREFORE, IT IS AGREED as follows:
1 . City hereby grants to Permittee a Permit and privilege
to use the taxiway located east of the runways at said Airport
and access thereto from a City road as the same is shown and
designated on a map attached hereto, marked Exhibit "A" and made
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a part hereof by reference, for a period of one year commencing
March 1, 1990 , and terminating February 28 , 1991 , unless sooner
terminated as herein provided.
Provided Permittee is not in default hereunder, and this
Permit is still in full force and effect on February 28 , 1991 ,
this Permit may be extended on a month-to-month basis for a
period not to exceed February 28 , 1993 , on the same terms and
conditions, with the exception of the consideration herein which
is to be negotiated between the parties. In order to extend this
Permit beyond February 28 , 1991 , Permittee must notify City of
its intention to do so no later than January 31 , 1991 .
2 . Permittee shall use said taxiway for the purpose of
testing the performance of automobiles, to be conducted in
accordance with the National Hot Rod Association rules, and for
conducting tests of automobiles, commonly referred to as
"dragstrip" tests, and for no other purpose .
3 . Permittee shall have the privilege of making such
regularly-conducted and supervised tests--and exhibitions of such
tests--open to the public, and may charge admission to the
general public; provided, however, that Permittee shall pay to
City the sum of One Hundred Fifty Dollars ($150.00) for the term
of this Agreement. Such payment to City, in consideration of
this Permit, is to be made on or before execution of this
Agreement. Additionally, Permittee shall pay to City six percent
(6%) of the gross gate and concession receipts within thirty (30)
days after each sale event.
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4 . Permittee may allow concessionaires to sell refresh-
ments, including soft drinks, candies , and foodstuff, at Redding
Raceway events on these premises, but the sale of intoxicating
liquor of any kind, including beer, is prohibited, and Permittee
shall not allow intoxicating liquor to be sold or vended at said
Airport location.
5 . Permittee shall be responsible for the maintenance,
repair, and renewal of the taxiway to be utilized hereunder. The
actual maintenance, repair, and renewal work may be performed by
City, in which event City shall be reimbursed by Permittee for
the actual costs of materials used for such maintenance, repair,
and renewal work. In any event, plans and specifications for
repair work must be reviewed by City prior to beginning said
work.
Permitteeshall be responsible for providing all labor and
paving all costs necessary to maintain the remainder of the
demised premises, including maintenance of fences, in good and
clean repair and condition. If Permittee desires to place any
improvements on the subject premises, or to demolish and remove
anv existing dilapidated and substandard improvements, Permittee
covenants and agrees that it will first obtain the consent, in
writing, of the Director of Airports of City as to any such
improvement, alteration, or demolition. Permittee expressly
agrees that it will leave said premises at the termination of
this Permit in good and clean condition, including the removal of
ruts, roadways, tires, bleachers, etc. , installed by Permittee
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for its activities. A performance bond in the amount of Four
Thousand Dollars ($4 ,000 .00) will be established by Permittee
with City to insure compliance prior to the commencement of the
term hereof.
6 . Permittee shall not permit spectators on the west side
of said taxiway, and will take whatever security precautions are
necessary to preclude such from occurring. Permittee shall post
appropriate signs on the west side of said taxiway to give notice
to the public of said restriction.
7 . Permittee shall be responsible for keeping said area in
a clean and sanitary condition and, upon the completion of any
test or exhibition, shall take immediate steps to remove all
trash and litter from the area.
8 . Permittee shall be responsible for periodically
inspecting the fencing located on the north side of the field and
opposite from the United States Forest Service area, and shall
promptly notify the Director of Airports of City of damage
thereto.
9 . Permittee shall keep the gate to the permitted premises
closed and locked at all times, except when there is an attendant
at the gate; and if any damage occurs to the gate, Permittee
shall immediately notify the Director of Airports of City.
10 . The Permit and privilege herein granted is subject to
cancellation by City at any time in the event:
(a) The Federal Aviation Agency advises City that the
continuation of the rights and privileges under this
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permit is hazardous to the safety of aircraft using
said Airport, or flying in the vicinity; or
(b) The United States Government elects to take over said
Airport as a national defense measure; or
(c) The Federal Aviation Agency advises City that the
automobiles or other devices used by Permittee here-
under interfere with the transmission or receiving of
radio signals from the T.V.O.R. facility located at
said Airport; or
(d) The Director of Airports determines that unsafe
practices or conditions exist as a result of
Permittee's activity.
In the event corrections can be made by Permittee to
eliminate the hazards or the interference, and Permittee causes
said corrections to be made within ten (10) days after receiving
notice to do so from the Director of Airports of City, no
cancellation shall occur.
11 . Permittee shall conform to all Federal Aviation Agency,
City, County, and State rules and regulations now or hereafter
enacted in conducting its activities at said Airport.
12 . To comply with Federal Aviation Administration require-
ments, Permittee, for itself, its successors and assigns, as a
part of the consideration hereof, does hereby covenant and agree,
as a covenant running with the land:
(1) That in the event facilities are constructed,
maintained, or otherwise operated on the said property
described in this Permit for a purpose for which a
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Department of Transport program or activity is
extended, or for another purpose involving the
provision of similar services or benefits, Permittee
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 shall use the
premises in compliance with all other requirements
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 land and the facilities thereon, and hold the same
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 shall furnish its accommodations and/or
services on a fair, equal, and not unjustly discrimi-
natory basis to all users thereof, and it shall charge
fair, reasonable, and not unjustly discriminatory
prices for each unit or service; provided that
Permittee may be allowed to make reasonable and nondis-
criminatory discounts, rebates, or other similar type
of price reductions to volume purchasers.
(5) That non-compliance with paragraph 12 (4) above shall
constitute a material breach thereof, and in the event
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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 said Governments
shall have the right to judicially enforce provisions .
(6) That Permittee agrees that it shall insert the above
five provisions 12 (1) through 12 (5) in any lease
agreement, contract, etc. , by which said Permittee
grants a right or privilege to any person, firm, or
corporation to render accommodations and/or services to
the public on the premises herein permitted.
(7) That Permittee assures that it will undertake an
affirmative action program as required by 14 CFR Part
152, Subpart E, to insure 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 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 assures that it will
require that its covered suborganizations provide
assurances to Permittee 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 and without interference or hindrance.
(9) That City reserves the right, but shall not be
obligated to Permittee, 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 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 City, 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
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permitted. 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 navigation or
flight through said airspace or landing at, taking off
from, or operation on the Redding Municipal Airport.
(12) That Permittee 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 permitted
premises, or in the event of any planned modification
or alteration of any present or future building or
structure situated on the permitted premises.
(13) That Permittee, 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 hereunder permitted above the mean sea level
elevation thirty-five (35) feet. In the event the
aforesaid covenants are breached, City reserves the
right to enter upon the land hereunder and to remove
the offending structure or object and cut the offending
tree, all of which shall be at the expense of
Permittee.
(14) That Permittee, by accepting this Permit, agrees for
itself, its successors and assigns, that it will not
make use of the permitted premises in any manner which
might interfere with the landing and taking off of
aircraft from the Redding Municipal Airport, or other-
wise constitute a hazard. In the event the aforesaid
covenant is breached, City reserves the right to enter
upon the premises hereby permitted and cause the
abatement of such interference at the expense of
Permittee.
13 . Permittee shall pay any and all possessory interest
taxes levied by the Shasta County Assessor against the land and
existing improvements which are now on the demised premises or
which may be located on the premises during the term of this
Permit or any extension thereof.
14 . This Permit is granted upon the express condition that
City shall be free from any and all liability and claims for
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damages for personal injury, death, or property damage in any way
connected with Permittee' s use of the premises hereunder
permitted, including claims of Permittee, its agents, employees ,
and members. Permittee shall indemnify and save harmless City,
its officers, agents, and employees, from any and all liability,
loss, cost, or obligation on account of or arising out of any
such injury, death, or loss caused by the negligence or other
legal fault of Permittee or its agents, employees, and members.
15 . Permittee shall maintain and keep in full force and
effect for all exhibits and tests conducted under this Agreement
public liability insurance for personal injury or property damage
in the sum of One Million Dollars ($1 ,000, 000 . 00) per occurrence,
which insurance shall be obtained at Permittee' s expense and from
an insurance carrier authorized to do business in the State of
California. Said insurance shall have a specific provision that
City, its officers, agents, and employees, shall be named as
additional insured under such insurance policy, and shall further
contain a provision obligating the insurance carrier to notify
City in writing at least ten (10) days prior to any cancellation
or reduction in the limits of such insurance. A Certificate of
Insurance evidencing such coverage and notice requirement shall
be approved by the Risk Manager of City and filed with him prior
to the commencement of this Agreement.
16 . It is further understood and agreed as a condition of
this Permit that should Permittee hire an employee or employees,
it will provide workers' compensation insurance on its employees,
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and shall furnish City with a Certificate evidencing such
insurance, approved by the Risk Manager of City and filed with
him prior to the commencement of this Agreement.
17 . This Agreement shall also be subject to cancellation by
the City Council of City at any time upon giving Permittee at
least thirty (30) days ' advance notice in writing of such
cancellation; provided, however, that in the event of the
exercise of a cancellation pursuant to this paragraph, the
provisions of paragraph 10 hereof shall no longer apply or be
enforceable by City against Permittee.
18 . Any notices or demands that may be given by either
party hereunder, including notice of default, notice of termi-
nation, or notice of a change in the consideration to be paid by
Permittee in the event Permittee holds over on a month-to-month
basis after February 28 , 1991 , shall be deemed to have been fully
and properly given when made in writing, enclosed in a sealed
envelope, and deposited in the United States Post Office,
certified mail, postage prepaid, addressed as follows: To Lessor
c/o Director of Airports, 760 Parkview Avenue, Redding,
California 96001-3396; and to Lessee at 2014 Hilltop Drive,
Redding, California 96002 .
19 . Lessor or its agents shall have the right, on
reasonable occasions, to enter onto any part of the demised
premises to ascertain and inspect the condition of same.
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20 . It has been determined that this matter is not subject
to the provisions of the California Environmental Quality Act.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year set forth above.
CITY OF REDDING
DATED: January , 1990
By:
SCOTT CARTER, Mayor
DATED: January 31 , 1990
RODNEY D.vTHOMAS, dba REDDING RACEWAY
DATED: January 3i , 1990 -72/A11.14 • -nt4,
MARILYN K. ✓THOMAS, dba REDDING RACEWAY
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RANDALL A. HAYS , City Attorney
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