HomeMy WebLinkAboutReso 1990-257 - Approving the permit for commercial activities S
Ill
RESOLUTION NO. 90 ...L5-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE PERMIT FOR COMMERCIAL ACTIVITIES (PASSENGER
AIR TRAVEL AND AIR CARGO SERVICE) AT REDDING MUNICIPAL
AIRPORT BETWEEN THE CITY OF REDDING AND WINGS WEST AIRLINES,
INC. , DBA AMERICAN EAGLE, COMMENCING JUNE 15 , 1990 , AND
AUTHORIZING THE MAYOR TO SIGN.
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 Permit for Commercial Activities at Redding
Municipal Airport between the City of Redding and Wings West
Airlines, Inc. , doing business as American Eagle, for passenger
air travel and air cargo service, 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 on behalf of the City
' I 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.
H 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 5th day of June , 1990 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum
j NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS : None
NANCY BKkUM, May(4/
City of'Redding
ATTEST: FOR PPROVED:
o. a ee,
d: 4
ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , 'ity Attorney
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PERMIT FOR COMMERCIAL ACTIVITIES
REDDING MUNICIPAL AIRPORT
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WHEREAS, the CITY OF REDDING, a Municipal Corporation and
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General Law City, hereinafter referred to as "CITY, " owns and
maintains Redding Municipal Airport in the City of Redding; and
WHEREAS, WINGS WEST AIRLINES, INC. , a California Corpor-
ation, doing business as AMERICAN EAGLE, hereinafter referred to
as "OPERATOR, " has been carrying on revenue-producing activities
at said Airport under approval from the CITY in accordance with
Section 3 . 08. 030 of the Redding Municipal Code and Resolution Nos.
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2978 and 4162; and
WHEREAS, said OPERATOR has now applied for a new Permit; and
WHEREAS, the City Council has determined that these commer-
cial activities are compatible with the Airport Master Plan, and
that the best interests of the public and the CITY will be served
by approval of this Permit.
NOW, THEREFORE, CITY hereby grants to OPERATOR a Permit,
license, and privilege to conduct and carry on from the air
terminal building at Redding Municipal Airport the hereinafter
described revenue-producing commercial activities for:
( 1 ) a period of one ( 1) year, commencing June 15, 1990,
and terminating June 14, 1991; and
( 2) thereafter, provided OPERATOR is not in default here-
under, from year-to-year on an automatic renewal basis,
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unless written notice of any change in the terms hereof
Jj or of termination shall be given by either party sixty
(60) days prior to said change or termination.
This Permit is subject to the following terms and condi-
tions:
1. COMMERCIAL ACTIVITIES.
a. OPERATOR' s commercial activities shall consist of and
be limited to passenger air travel and air cargo
service.
b. Any other commercial activity that OPERATOR may wish to
carry on at said Airport, in connection with the fore-
going or independently, shall first require the written
permission of CITY.
it
2. FEES; CHARGES; PERFORMANCE BOND.
i,
a. OPERATOR will pay to CITY for the Permit, license, and
privileges herein granted the following monthly fees
and charges.
it
i. Commercial aircraft landing fees at the rate of
fifty cents ( 50(t ) per thousand pounds of maximum
aircraft landing weight. In connection herewith,
it is expressly agreed that OPERATOR will report
14 in writing to the Director of Airports of CITY--
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by the fifth day of each and every month--the
total number of aircraft landings and the gross
landing weights of aircraft landing during the
previous month belonging to OPERATOR.
ii. The sum of $929. 58 for its terminal space fee,
based on 970 square feet of area as depicted in
Exhibit "A" attached hereto and incorporated
herein by reference.
iii. The sum of $445. 39 for its proportional share of
the terminal maintenance and operational costs
and for the area depicted in Exhibit "A" attached
hereto. "Maintenance and operational costs"
provided by CITY are defined as electrical, air
i conditioning, heating, water, garbage, and
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•i janitorial services for the shared lobby area;
OPERATOR is to pay for all other utilities
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required in its operations, including janitorial
services behind its counter.
i iv. The sum of $116. 40 for its proportional share of
terminal security costs.
b. The payments called for above shall be payable monthly,
in advance except for landing fees which shall be due
within 20 days from the date of the invoice. CITY is
entitled to collect, and OPERATOR agrees to pay to
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CITY, upon invoice, those fees and charges set forth
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above. Any fees and charges more than thirty ( 30) days
past due may besubjectto 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 might 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
it 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,
I � after fifteen ( 15) days' written notice by CITY to
!'I 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.
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c. The fees contained herein shall be reviewed on a
periodic basis and submitted for City Council approval.
d. During the term of this Permit, OPERATOR will post with
the City Clerk of City a performance bond in the amount
of $5,000. 00 in favor of CITY. Failure on the part of
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OPERATOR to make timely payment of invoices due CITY
will result in a claim being made against said bond.
Cancellation of the performance bond for whatever
reason shall forthwith terminate this Permit for
Commercial Activities.
3. PARKING SPACES.
City licenses OPERATOR, its employees and invitees, to use,
' I without charge, authorized employee vehicular-parking spaces
I. located in the vicinity of the Airport terminal building and the
area designated for overnight parking.
4. RIGHT OF ACCESS.
CITY shall permit full and unrestricted access by OPERATOR,
its employees and invitees, without charge, to and from the
Airport terminal and the premises and facilities referred to
above, includingdirect access between jl the terminal building and
OPERATOR' s aircraft parked upon the adjacent apron, for all
purposes contemplated by this Permit.
5. USE OF AIRPORT.
CITY licenses OPERATOR to (a) use, in common with others
authorized so to do, all runways, taxiways, and aprons which are
or may hereafter be provided at Redding Municipal Airport; and (b)
to use all other facilities, improvements, equipment, and services
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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 to those reasonably
necessary for the proper operation by OPERATOR of its passenger
air travel and air cargo service; and CITY will grant to
OPERATOR, without charge, all rights reasonably necessary for such
uses.
6. SPACE IN TERMINAL BUILDING.
CITY hereby assigns to OPERATOR for its exclusive use in
connection with its passenger air travel and air cargo service 970
square feet within the terminal building as delineated in the
diagram attached hereto as Exhibit "A. "
ji CITY licenses OPERATOR, its employees and invitees, to use,
in common with others, and in connection with OPERATOR's passenger
air travel and air cargo service, all public space and facilities
in and adjacent to the Airport terminal building which are not
exclusively assigned to another user. Such space and facilities
are accepted by OPERATOR as adequate for reasonably uncongested
and unobstructed use by OPERATOR and its employees and invitees.
7. AIRPORT FACILITIES.
Nothing herein contained shall be construed as entitling
OPERATOR to the exclusive use of any services, facilities, or
property rights at said Airport, except those facilitates des-
cribed in Exhibit "A" attached hereto.
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•8. SERVICE TO THE PUBLIC.
ij OPERATOR shall make its services available to the public
seven ( 7 ) days a week without unjust discrimination, and shall
refrain from imposing or levying excessive, discriminatory, or '
otherwise unreasonable charges or fees for any use of its ser-
vices; provided, however, that OPERATOR shall have the privilege
of refusing service to any person or persons_ torjust cause,
without discrimination by virtue or race, color, creed, or sex.
9. SECURITY RESPONSIBILITIES AND FEES.
OPERATOR agrees to accept its security responsibilities with
regard to access by authorized and unauthorized persons using the
herein premises at all times that the Airport terminal building is
left open. Any fines imposed upon CITY by the Federal Aviation
Administration Security Field Office for violation of security
i ; caused by the actions of OPERATOR' s personnel shall be paid by
OPERATOR.
I.j 10. WASTE; QUITE CONDUCT.
OPERATOR shall not commit or suffer to be committed any
waste upon the premises, or any nuisance or any other act or thing
iI which may disturb the quiet enjoyment of any other occupant or use
of CITY' s adjoining premises.
11. MECHANICS' LIENS.
OPERATOR shall keep the demised premises and the property on
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which the demised premises are situated free from any liens
jilt arising out of any work performed, material furnished, or obli-
gations incurred by OPERATOR.
12. RULES AND REGULATIONS.
OPERATOR covenants and agrees to comply with all statutes,
laws, ordinances, -regulations,_ orders, judgments, decrees,
directions, and requirements of all federal, state, county, and
city authorities now or hereafter applicable to the herein pre-
mises and facilities, or to any adjoining public ways.
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ji 13. UNITED STATES OF AMERICA RESTRICTIONS.
a. It is understood and agreed that this Permit, insofar
as it pertains to the use of the Redding Municipal
Airport, is subject to the covenants, restrictions and
reservations contained in the following instruments to
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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
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and assigns, as a part of the consideration hereof,
' I does hereby covenant and agree 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 Department of Transport
program or activity is extended, or for anotherur ose
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involving the provision----of similar --- services -- or- ---
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ii benefits, the permittee (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 Regu-
lations may be amended.
c. Permittee (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
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excluded from participation in, denied the benefits of,
; i or be otherwise subjected to discrimination in the use
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of said facilities; ( 2 ) that in the construction of any
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improvements on, over, or under such lands and the
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furnishing of services thereon, no person on the
grounds of race, color, or national origin shall be
it excluded from participation in, denied the benefits of,
or otherwise be subject to discrimination; and ( 3 ) that
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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.
'H d. That in the event of breach of any of the above non-
discrimination 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
breach shall have the right to contest said alleged
breach under applicable Federal Aviation Administration
procedures, and any sanctions under or termination of
the Permit shall be withheld pending completion of such
procedures.
111 e. That in the event of breach of any of the above non-
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discrimination covenants, CITY shall have the right to
re-enter said lands and facilities thereon, and the
above-described lands and facilities shall thereupon
, i revert to and vest in and become the absolute property
of CITY and its assigns;g provided, however, that the
party allegedly in breach shall have the right to
contest said alleged breach under applicable Federal
H Aviation Administration procedures, and the right of
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reverter shall not be exercised until completion of
such procedures.
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f. To 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.
14. FAA REQUIREMENTS.
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:
( 1) That in the event facilities are constructed, main-
tained, or otherwise operated on the property described
in this Permit for the purpose for which a Department
of Transport program or activity is extended, or for
another 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 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 (c) that permittee (OPERATOR) shall
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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 Regu-
lations may be amended.
( 3 ) That in the event of breach of any of the above non-
discrimination 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
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 com-
pleted, including expiration of appeal rights.
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� ( 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; pro-
vided that permittee (OPERATOR) may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or
other similar type of price reductions to volume
purchasers.
( 5) That noncompliance with paragraph 14(4) above shall
constitute a material breach thereof; and in the event
of noncompliance CITY shall have the right to terminate
this Permit and the estate hereby created without
' i liability therefore, or, at the election of CITY or the
United States, either or both Governments shall have
the right to judicially enforce provisions.
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( 6 ) That permittee (OPERATOR) agrees that it shall insert
; the above five provisions 14( 1 ) through 14( 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
j 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
CFR 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,
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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 r
covered suborganizations require that its
g provide assurances to per-
mittee (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) The 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.
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( ) That this Permit shall be subordinate to the
provisions
and requirements of any existing or future agreement
' i 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.
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 (OPERATOR) agrees to comply with the
notification and review requirements covered in Part 77
of the Federal Aviation Regulations in the event future
' i construction of a building is planned for the herein
premises, or in the event of any planned modification
or alteration of any present or future building or
structure situated on the herein premises.
( 13 ) That permittee (OPERATOR) , by accepting this Permit,
expressly agrees for itself, its successors and
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assigns, that it will not erect nor permit the erection
of any structure or object nor permit the growth of any
H 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
remove the offending structure or object 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
will not 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. In the event the
aforesaid covenant is breached, CITY reserves the right
to enter upon the herein premises and cause the abate-
', I ment of such interference at the expense of permittee
(OPERATOR) .
i ( 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
i ' U.S.C. 1349a) .
( 16) This Permit and all provisions hereof shall be subject
to whatever right the United States Government now has
or in the future may have or acquire, affecting the
control, operation, regulation and taking over of said
airport or the exclusive or non-exclusive use of the
airport by the United States during the time of war or
H national emergency.
15. RESTRICTION OF OPERATIONS.
1.1 If CITY' s operation of the Airport or OPERATOR' s operations
it
at the Airport are substantially restricted by any competent
iigovernmental 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, or the rental to become due
it
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411hereunder, from the time of such notice until such restriction has
been remedied and normal operations restored.
16. IMPROVEMENTS.
a. OPERATOR accepts the terminal building premises in
their present condition. Any alterations, construc-
tion,
or improvements- desired by OPERATOR on the
premises must be performed at no cost to CITY and shall
be subject to the prior written approval of the CITY.
When required by the CITY to do so, OPERATOR will
submit plans and specifications prior to any alter-
ations, construction or improvements.
b. The display by OPERATOR of any signs, advertising or
similar matter on the terminal building premises
without the prior written approval of CITY is
prohibited. Any advertisement not directly related to
OPERATOR' s business is prohibited.
c. OPERATOR is required to provide business "logo" type
signage. Such signage and its size and placement, must
be approved by the CITY.
d. Unless otherwise agreed by the parties, all partitions,
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wiring and piping, or other improvements installed on
the terminal building premises by the OPERATOR must be
i removed by the OPERATOR, at the termination or expir-
ation of this Permit, and thereby leaving the terminal
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building premises in good condition. CITY may grant
additional time for the removal of improvements if
hardship is established by OPERATOR. If, in CITY' s
opinion, removal will damage the premises or the
terminal, CITY may either prohibit removal or require
OPERATOR to repair all damage connected with removal.
e. Title to any improvements not removed from the terminal
building premises asrovided herein
p passes to CITY.
r , f. Upon request by CITY, OPERATOR shall deliver to CITY
three ( 3 ) copies of as-built drawings showing the loca-
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tion and dimensions of improvements placed or construc-
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ted on the terminal building premises by OPERATOR.
: r 17. MAINTENANCE.
a. OPERATOR shall maintain the terminal building premises
in good repair and appearance and in a safe condition
H at all times. OPERATOR shall do, or cause to be done
without delay, all those things which, in the opinion
! I, of CITY, are necessary or desirable in the interest of
safety or to maintain the terminal building premises in
good repair and appearance.
b. CITY will maintain the structure of the terminal, the
! � roofs and exterior walls. CITY will provide reasonable
janitorial service for the public areas of the termi-
nal, including solid waste removal from the outside
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dumpster. CITY will also clean and maintain the public
areas in the terminal.
c. CITY will maintain the electrical, plumbing, and
heating and cooling systems on the terminal building
premises in good condition and repair. CITY may
refuse to maintain any systems installed on the
terminal building__premises by OPERATOR and may charge
OPERATOR for any repair resulting from OPERATOR' s
negligence.
d. CITY reserves the right to require that any improve-
ments or any portion thereof placed through, on or
above the terminal building premises be relocated at
the expense of OPERATOR when such relocation is deter-
mined
Ij to be necessary by CITY. The determination shall
be made on a reasonable basis and only for the purpose
. I of expansion, relocation, or better utilization of
facilities operated by CITY.
ii e. OPERATOR hereby expressly waives any and all claims and
holds CITY harmless for damages arising or resulting
from failures or interruption of utility services
furnished by CITY herein including but not limited to
stoppages in electrical energy, the quantity of
ti temperature of water, space heating or cooling, - or •for
the failure or interruption of any public or passenger
conveniences.
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18. CITY DIRECTED RELOCATION
OPERATOR acknowledges and agrees that CITY may require the
'� relocation, in whole or in part, of the terminal building premises
upon finding that relocation is necessary to meet the needs of the
traveling public at the Airport.
a. CITY, at its sole expense, will:
( 1) Construct the demising walls and interior perma-
nent improvements to the new OPERATOR area using
standard materials. The term "interior permanent
improvements" is construed to include floors,
ceilings, carpeting, lighting, electrical, wall
finishes, heating units, air ventilation, and
permanent fixtures similar in type and quality to
those in the OPERATOR area being relocated.
( 2) If only a portion of OPERATOR's area is relo-
; j cated, perform the construction necessary to
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I,! enclose and restore the remainder of OPERATOR' s
area, and render the area useable for OPERATOR' s
functions authorized by the Permit.
b. OPERATOR, at its sole expense, will:
( 1) Relocate any fixture, furnishing, or equipment of
a nonpermanent nature located in any existing
OPERATOR area which is being relocated.
(2) Provide any additional fixture, furnishing, or
equipment which OPERATOR finds necessary or
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desirable to fully use the new area.
( 3 ) Upon completion of the new area, vacate and
surrender to CITY former OPERATOR space.
CITY and OPERATOR agree to perform their respective obli-
gations under this paragraph in an expeditious manner, excluding
delays which are beyond the control of the respective parties.
The new area to which OPERATOR is directed to relocate must have a
floor area not smaller than the floor area of the space being
vacated by OPERATOR. CITY will make every reasonable effort to
insure that the new OPERATOR area provides access and exposure to
passenger traffic similar to the former OPERATOR area. However,
CITY is not responsible for any exemplary, consequential, or
special damages, including lost profits, that OPERATOR may incur
as a result of a relocation under this paragraph.
19. CITY ADMINISTRATION.
Whenever OPERATOR is required to secure the approval or
II 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
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decision thereon shall be final.
20. PREMISES AS-IS.
OPERATOR hereby certifies and agrees that it has inspected
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the above-described premises and accepts the same in its existing
condition. OPERATOR expressly covenants and agrees that any
expenses incurred in the maintenance, repair, and modification or
improvements of said premises shall be the sole obligation of
OPERATOR; OPERATOR further covenants and agrees to hold CITY
harmless therefrom.
21. 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 demised premises.
fl 22. INSURANCE.
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a. This Permit is granted upon the express condition that
CITY, its officers, agents, and employees, shall be
free from any and all liability and claims for damages
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! i for personal injury, death, or property damage in any
ii 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
j and all liability, loss, cost or obligation on account
of or arising out of any such injury, death, or loss,
however occurring.
jl b. OPERATOR shall procure and maintain from a company
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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, comprehensiveg eneral
liability insurance policy for aircraft liability and
airport p premises liability in an amount of $10,000,000
combined single limits. Said
9 policy shall name CITY,
its officers, agents, and employees, as additional
insured, and shallfurther contain a provision ()Mi-
ll gating the insurance carrier to notify CITY in writing
at least ten ( 10) days prior to any cancellation or
reduction of such insurance. A Certificate of Insur-
e
ance evidencing such coverage and notice requirement
shall be approved by and filed with the Risk Manager of
ii
CITY, 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'
! ' compensation insurance on its employees. A Cer-
1I tificate evidencing such insurance shall be approved by
and filed with the Risk Manager of CITY. Said
Certificate shall contain a provision obligating the
insurance carrier to notify CITY in writing at least
ten ( 10) days prior to any cancellation or reduction of
such insurance. To obtain an exemption from this
I requirement should OPERATOR have no employees, OPERATOR
shall provide the Risk Manager of CITY with a letter
1 "
-21-
Alh
411 11,
stating that it is not employing any persons in any
jj manner so as to become subject to the workers ' compen-
sation 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
j forth above.
Nothing herein is intended to exculpate CITY from its own
negligence.
23. TRADE FIXTURES.
Any trade fixtures, equipment, and other property brought,
II '
installed, orlaced
p by OPERATOR in or about the herein premises
shall be and remain the property of OPERATOR except as other-
I
wise
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 fixture, equipment, and
other property of OPERATOR shall be removed by OPERATOR from the
herein premises by the expiration or earlier termination of this
' I
Permit.
24. RIGHT TO ENTER AND MAKE REPAIRS.
i ;
CITY and its authorized officers, agents, employees, contrac-
tors, subcontractors, and other representatives shall have the
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it
i •
right to enter into OPERATOR's premises and facilities (as set
I
forth in attached Exhibit "A") for the following purposes:
a. To inspect said premises and facilities at reasonable
intervals during the regular business hours (or at any
time in case of emergency) to determine whether
OPERATOR has compiled with and is complying with the
terms and conditions of this Permit with respect to
such premises and facilities;
b. In the exercise of CITY police power;
c. To inspect the herein premises and facilities, and per-
form any and all things with reference thereto which
; I
CITY is obligated or authorized to do as set forth
herein.
1 No such entry by or on behalf of CITY within or upon said
premises and facilities shall cause or constitute a termination of
this Permit, or be deemed to constitute an interference with the
possession thereof by OPERATOR. As a result of any entry pursuant
i to this Permit, CITY will only be liable for its own negligence
and for returning the terminal building premises to their former
condition using standard materials.
25. DAMAGE OR DESTRUCTION OF PREMISES.
a. In the event the Terminal Building in which OPERATOR
occupies space hereunder shall be partially damaged by
fire or other casualty, but not rendered untenantable,
-23-
Alh
411
the same shall be repaired with due diligence by CITY
at its own cost and expense.
b. If the damage shall be so extensive as to render the
premises untenantable but capable of being repaired
within 45 days, the same shall be repaired with due
diligence by CITY at its own cost and expense, and the
rent payable hereunder with respect to OPERATOR' s space
shall be proportionately paid up to the time of such
damage, and shall thenceforth cease until such time as
the premises shall be fully restored.
c. In the event the Terminal Building is completely
it
destroyed by fire or other casualty, or so damaged that
it will remain untenantable for more than 45 days,
OPERATOR shall pay said proportionate rent up to the
time of such damage, and shall have the following
options:
i. to cancel this Permit forthwith in writing;
or
ii. if said building shall be repaired or
reconstructed by CITY at its own cost and
expense, OPERATOR may temporarily suspend
its operations, or a
P part thereof. If
OPERATOR temporarily suspends its entire
operation, rent shall thenceforth cease
until the premises shall be fully restored.
-24-
• •
If OPERATOR continues to operate a portion of its
services, OPERATOR shall pay a proportionate rent
until such time as the premises shall be fully
restored.
d. In the event that the Redding Municipal Airport or the
premises herein occupied by OPERATOR are rendered
untenantable or unusable because of the condition
thereof other than due to fire or casualty as set forth
' ; above, and except by reason of fog, snow, flood,
I ' earthquake, or other uncontrollable conditions,
I.1 there shall be a reasonable and proportionate
abatement of the charges provided for herein during
the period that the same are so untenantable or
unusable.
26. ASSIGNMENT OR SUBLETTING.
j '
OPERATOR shall not assign this Permit or any interest
therein, and shall not sublet the demised 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 demised premises or any portion thereof
without the written consent of CITY first had and obtained.
H A consent by CITY to one assignment, subletting, occupancy, or
use by another party shall not be deemed to be a consent to any
subsequent assignment, subletting, occupancy, or use by another
-25-
it
411
person or entity. Any such assignment, subletting, occupancy,
or use by another person or entity without such consent by CITY
shall be void and shall, at the option of CITY, terminate this
Permit. This Permit shall not, nor shall any interest therein, be
assigned as to the interest of OPERATOR, by operation of law,
without the written consent of CITY. CITY agrees that it will not
arbitrarily or capriciously withhold its consent required
i hereunder.
it 27. BANKRUPTCY AND INSOLVENCY.
i '
IIf 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
� I 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
C
should come into possession and control of any trustee in
bankruptcy, or if any receiver should be appointed in any action
H or proceedings with power to take charge, possession, control or
care of said premises, CITY shall have the option to forthwith
' i
terminate this Permit and re-enter the premises and take
possession thereof. In no event shall this Permit be deemed an
asset of OPERATOR after adjudication in bankruptcy.
it
-26-
• • •
28. REVOCATION OF LEASE, PERMIT, OR LICENSE.
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 the
Airport (including that of OPERATOR herein) for any cause or
reason provided by these standards, or by law, or upon the happen-
ing of one or more of the following:
a. Filing a petition of voluntary or involuntary bank-
ruptcy 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
It, the lessee, permittee, or licensee has agreed to
provide under the terms of his contract. If this
', i condition exists for a period of ten (10) days without
prior written consent of CITY, it will constitute an
H abandonment of the land or facilities and the lease,
li 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
11 remedy any default, breach or violation of the Airport
Rules and Regulations by him or his employees within
thirty ( 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
ii information or misrepresenting any material fact on the
'. I application or documents, or in statement to or before
-27-
' 411
y t ,
•
ISI 1.
CITY OF REDDING
DATED: , 1990 By:
NANCY BUFFUM, Mayor
WINGS WEST AIRLINES, INC. , DOING
BUSINESS AS AMERICAN EAGLE
II )DATED: /0/ , 1990 By: ` A1A
BY: AIA. I
VP 'wm,1,4-rxhod
A'1ThsT:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
ii
i •
-30-
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EXHIBIT A