HomeMy WebLinkAboutReso. 1990-376 - Approving the permit for commercial activities f 1 • •
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RESOLUTION NO. 90- !576
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE PERMIT FOR COMMERCIAL ACTIVITIES (AIRPORT
BUS SERVICE) AT REDDING MUNICIPAL AIRPORT BETWEEN THE CITY
OF REDDING AND LANDON LEFFLER, DOING BUSINESS AS AIRPORT BUS
SERVICE, 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 Landon Leffler,
dba Airport Bus Service , for an Airport Bus 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
of Redding, and the City Clerk is hereby authorized and directed
to attest the signature of the Mayor and to impress the official
seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 7th day of Aug. , 1990 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Dahl , Fulton, Moss, Buffum
NOES : COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Arness
ABSTAIN: COUNCIL MEMBERS : None
NA CY 4 . FUM, ) for
City .ARedding
ATTEST: FO PPROVED:
ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , C ty Attorney
p,
PERMIT FOR COMMERCIAL ACTIVITIES
REDDING MUNICIPAL AIRPORT
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
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WHEREAS, ANTHONY L. FEIST, DBA AIRPORT BUS SERVICE, has been
carrying on revenue-producing commercial activities at said
Airport under a Permit from CITY, in accordance with Section
3 . 08 . 030 of the Redding Municipal Code and Resolution Nos. 2978
.c
1! and 4162 ; and
WHEREAS , effective July 31 , 1990 , ANTHONY L. FEIST, DBA
1, AIRPORT BUS SERVICE, wishes to assign his Permit to the purchaser
of his business, LANDON LEFFLER, who will be doing business as
'l' AIRPORT BUS SERVICE; and
1' WHEREAS , LANDON LEFFLER, DBA AIRPORT BUS SERVICE,
i..
hereinafter referred to as "OPERATOR, " wishes to enter into a
i ' Permit agreement with CITY, effective July 31 , 1990 ; and
h WHEREAS , the City Council has determined that OPERATOR' s
commercial 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.
I , NOW, THEREFORE, CITY hereby grants to OPERATOR a Permit,
license , and privilege to conduct and carry on the hereinafter-
I described revenue-producing commercial activities for a period of
•
one (1) year, commencing August 1 , 1990 , and terminating July 31 ,
1991 .
This Permit is subject to the following terms and
conditions:
1 . Commercial Activities.
a. OPERATOR' s commercial activities shall consist of and
be limited to the operation of an Airport Bus Service.
b. Any other commercial activity that OPERATOR may wish to
II,.
carry on at said Airport, in connection with the
foregoing or independently, shall first require the
written permission of CITY.
2 . Fees and Charges.
a. OPERATOR will pay to CITY for the Permit, license, and
privilege herein granted the following fees and
charges:
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(i) A monthly sum of Twenty-four Dollars ($24 . 00) for
one bus parking space heretofore reserved at the
Airport for the exclusive use of OPERATOR; and
(ii) An annual Permit fee of Twenty-five Dollars
($25 .00) for the bus service. If any other
�I commercial activity is approved by CITY, OPERATOR
will pay an additional sum;
j PROVIDED, however, that a new schedule of fees and
charges may be adopted from time-to-time by the City
Council of CITY, which OPERATOR agrees to pay on and
after receiving written notification thereof from CITY.
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b. The payments called for above shall be payable monthly,
in advance. CITY is entitled to collect, and OPERATOR
agrees to pay to CITY, upon invoice, those fees set
forth above. Any fees and charges more than thirty
(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 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 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 fifteen (15) days ' 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.
3 . Airport Facilities .
Nothing contained herein shall be construed as entitling
OPERATOR to the exclusive use of any services, facilities, or
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property rights at said Airport, except those facilities
described in paragraph 2 .a. (i) above.
4 . Service to the Public.
OPERATOR shall make his services available to the public
seven (7) days a week without unjust discrimination, and shall
'I.
II refrain from imposing or levying excessive, discriminatory, or
otherwise unreasonable charges or fees for any use of his
If' services; provided, however, that OPERATOR shall have the privi-
lege of refusing service to any person or persons for just cause,
without discrimination by virtue of race , color, creed, or sex.
5 . Rules and Regulations.
h, OPERATOR shall comply with all governmental rules and
II. regulations now in effect or hereafter enacted and, in addition
thereto, shall comply with the directions of the Director of
Airports of CITY pertaining to the proper administration and
operation of said Airport as an aircraft facility.
6 . Assignment.
The Permit herein granted shall not be assigned by OPERATOR,
nor shall OPERATOR authorize or permit any person or persons to
SII` use any space herein set aside to OPERATOR without first securing
the written approval of CITY. In the event CITY approves an
assignment of this Permit, OPERATOR expressly covenants and
II
agrees that there will be no interruption in service at the
Airport.
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7 . Insurance.
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
for personal injury, death, or property damage in any
1I, way connected with OPERATOR' s activities at said
Airport, including claims of OPERATOR, his agents and
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employees . 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
I; of any such injury, death, or loss, however occurring.
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b. OPERATOR shall procure and maintain from a company
authorized to do business in the State of California,
at his sole cost and expense and at all times during
the term of this Permit, public liability insurance in
the minimum amounts of $300 ,000 .00 for injury or death
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to any person and $1 ,000 ,000 .00 for injury or death of
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more than one person in the same accident, and public
• liability insurance for property damage in the minimum
sum of $100 ,000 . 00 ; OR, in the alternative, a combined
single-limits policy in an amount of not less than
$1 ,000 ,000 . 00 . 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 CITY in writing at least
ten (10) days prior to any cancellation or reduction of
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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 Permit.
c . It is further understood and agreed as a condition of
this Permit that OPERATOR will provide workers '
compensation insurance on his employees, and furnish
the Risk Manager of CITY with a Certificate evidencing
such insurance , approved by the Risk Manager of CITY.
Said Certificate shall contain a provision obligating
the insurance carrier to notify CITY in writing at
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least ten (10) days prior to any cancellation or
reduction of such insurance. To obtain an exemption
from this requirement should OPERATOR have no
employees , OPERATOR shall provide the Risk Manager of
CITY with a letter stating that he 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, he will forthwith comply with the insurance
requirements set forth above.
8 . 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
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reservations contained in the following instruments to
which the United States of America is a party:
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(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
h' (3) Grant Agreements of record executed by the City of
Redding in connection with Federal Aid Airport
Projects.
b. The permittee (OPERATOR) , for himself, his heirs,
executors , administrators, personal representatives,
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 said 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 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 Regulations may be amended.
c. Permittee , for himself, his heirs, executors, admini-
strators, personal representatives, successors, and
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assigns, as a part of the consideration hereof, does
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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 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-
i
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 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
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shall be withheld pending completion of such
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procedures.
1 e. That in the event of breach of any of the above nondis-
crimination
covenants , CITY shall have the right to
it
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 richt of
reverter shall not be exercised until completion of
such procedures.
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.
9 . FAA Requirements.
To comply with Federal Aviation Administration requirements,
Permittee, for himself, his heirs, executors, administrators,
personal representatives, 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, main-
tained, 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 another purpose involving the
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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,
,ll 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.
'I! (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
el, 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
I1 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 his accommodations and/or
services on a fair, equal, and not unjustly discrimi-
natory basis to all users thereof, and shall charge
g
ii " fair, reasonable, and not unjustly discriminatory
prices for each unit or service; provided that
Permittee may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar
II' type of price reductions to volume purchasers .
(5) That non-compliance with paragraph 9 (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
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without liability therefor, or at the election of City
IIII or the United States either or both said Governments
shall have the right to judicially enforce provisions.
(6) That Permittee agrees that he shall insert the above
five provisions 9 (1) through 9 (5) in any lease agree-
,'' ment, contract, etc. , by which said Permittee grants a
right or privilege to any person, firm, or corporation
'i',' to render accommodations and/or services to the public
on the premises herein permitted.
(7) That Permittee assures that he 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
from
these groundsparticipating in or receiving the
services or benefits of any program or activity covered
ji . by this subpart. Permittee assures that he will
require that his 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
I 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
III 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
it airspace above the surface of the premises herein
permitted. This public right of flight shall include
1 , the right to cause in said airspace any noise inherent
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in the operation of any aircraft used for navigation or
H 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 himself, his heirs, executors , admini
strators, personal representatives, successors, and
assign, that he will not erect nor permit the erection
of any structure or object, nor permit the growth of
any tree, on the land permitted hereunder 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 permitted hereunder and to
remove the offending structure or object or cut the
offending tree, all of which shall be at the expense of
Permittee.
it I
(14) That Permittee, by accepting this Permit, agrees for
himself, his heirs , executors, administrators , personal
representatives, successors, and assigns, that he 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
otherwise 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.
(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
U.S.C. 1349a) .
10 . City Administration.
1.
Whenever OPERATOR is required to secure 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
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1;p .
OPERATOR, and according to proper procedure, any such questions
I' may be referred to the City Council of CITY, whose decision
thereon shall be final .
11 . Premises As-is.
OPERATOR hereby certifies and agrees that he has inspected
IL, 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.
12 . Taxes.
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OPERATOR agrees to pay promptly when due any and all taxes
assessed against his personal property and any possessory
ji interest tax levied by reason of his occupancy of the demised
premises .
13 . Termination.
a. This Permit is subject to cancellation by either party
upon giving thirty (30) days' written notice in advance
of such cancellation date.
b. Breach by OPERATOR of any of the terms, conditions, and
agreements contained herein, if not corrected by
OPERATOR within a reasonable time after notice by CITY
to do so, shall be a basis for cancellation of this
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Permit.
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14 . Notice.
Ij
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
United States Post Office, certified mail, postage prepaid,
addressed as follows: To CITY at 760 Parkview Avenue, Redding,
California 96001 ; and to OPERATOR at 2919 Cataldi Drive, San
Jose, California 95132 .
15 . CEQA.
It has been determined that this matter is categorically
exempt from the provisions of the California Environmental
Quality Act.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year set forth below.
CITY OF REDDING
DATED: August , 1990 By:
NANCY BUFFUM, Mayor
Y
DATED: z-za , 1990
v LANDON LEFFL - ,dba AIRPORT
BUS SERVICE, Operator
[Signatures continued on page 15]
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LANDON LEFFLER, DBA AIRPORT BUS SERVICE, PERMIT FOR COMMERCIAL
ACTIVITIES AT REDDING MUNICIPAL AIRPORT: 8/1/90 - 7/31/91 .
APPROVED BY:
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DATED: " , 1990
ANTHONY L FEIST
If
ATTEST:
ETHEL A. NICHOLS , City Clerk
I FORM APPROVED:
RANDALL A. HAYS , City Attorney
I,
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