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Home My WebLink AboutReso. 1989-039 - Approving the permit agreement between the city of redding and rodney d. thomas ! ' �► � � , � � RESOLUTION NO. �� f� � A RESOLUTION OF THE CITY COTJNCIL OF THE CITY OF REDDING APPROVING THE PERN:IT AGREEMENT BETWEEN THE CITY OF REDDING I AND RODNEY D. THOMAS AND MARILYN K. THQMAS , DOING BUSINESS AS REDDINr RACEWAY, FOR THF PERIOD MARCH 1 , 1989 , THROiJGH � FEBRUARY 28 , 1990 , FOR ACTIVITIES AT REDDING MUNICIPAL AIRPORT, AND AUTHORIZING THE I�'fAYOR TO SIGN SAME. � IT IS HEREBY RESOLVED hy the City Council of the City of Redding as follows: ' 1 . That the City Council of_ the Cit�yo uf 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 ',� incor_porated 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 II the o.fficial seal of the City of Redding on the aforesaid � � I � document, when appropriate. , I HEREBY CERTIFY that the foregoing Resolution was ' ' introduced and read at a regular meeting of the City Council of � the City o� Redding on the 7th day of February, 1989 , and was '' duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS- Buffum, Carter, Dahl , Fulton, & Johannessen � NOES: COUNCIL MEMBERS : None ABSFNT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS : None i� / � ✓'�,.:> , G��f.,/��C�: -'"��' � ;-� � .�'�/�.�'/.��_=-_. , . _ � � � f � , K.`�rMAURIC�E JOHANNESSEN, Mayor I City of_ Redding � I �� . I ATTEST: • OR PPi20�7ED: r ; �' 1�`.'_�%��.�'' � ETHEL A. NIt^H�J?u:> , City Cler_k R. NDALL A. HAYS, City Attorney `-'`, I � � �1 � �rl l. � .. _ _ .. . ___ - . . _ _. _.. ��. . �,._._.�.,. .� i �. . . • �• � � ` , �, � � � , �'�i f il�' � � ; � „ � PERMIT ; ;,4 �I THIS PERMIT AGREEMENT, effective March 1 , 1989 , is made and N,'� �I ��' entered into by and between the CITY OF REDDING, a Municipal � �' Cor oration hereinafter " �� I �I, p , referred to as Citv, and RODNEY D. � + I �,!� THOMAS and MARILYN K. THOMAS, doing business as REDDING RACEWAY, � ''� I °i a Partnership, hereinafter referred to as "Permittee" : � I'� ' G, W I T N E S S E T H: � � i!'' i ` WHEREAS , City owns and maintains the Redding Municipal � �; I� Airport located in the Citv of Redding, County of Shasta, State il _ �� o` California; and { �� WHFREAS, Permittee has requested permission to renew its � �. �e=mit to use a taxiway lecated east oi the ru-�wavs at said � I'�� I �__rport (formerly used by Redding Dragstrip Association under ' � ,� permit from Citv as a "dragstrip") , together with access thereto t '' from a City road; and i , �� :' WHEREAS, City has no present need for such taxiway, and � � pi I h deems it to be in the best interests of the public to authorize �� ; � ,� t'�e requested use thereof by Permittee, subject to the terms and ' �, conditions hereinafter set forth; � � i;; NOW, THEREFORE, IT IS AGREED as follows : ��;; � 1 . City hereby grants to Permittee a Permit and privilege ii �,� te use the taxiway located east of the runways at said Airport � ��. � ��;.` ar.�d access thereto from a City road as the same is shown and ; , � '� , designated on a map attached hereto, marked Exhibit "A" and made � , � � � �li � ' l , _ . .._....__ _._.._ .._. .. ._. . , s..�.,.._..._.,�� .�...._� � . _ _ _ _,_ I , . • • � �� I��, , •� �� • ';I ' ��, �� , ' a part hereof by reference, for a period of one year commencing C 1 , � i March 1 , 1989, and terminating February 28 , 1990 , unless sooner � , � �'+ terminated as herein provided. I �u , N;1 2 . Permittee shall use said taxiway for the purpose of j �i' �esting the performance of automobiles, to be conducted in !, ! "' accordance with the National Hot Rod Association rules, and for � �� I; � i ;�� conducting tests of automobiles, commonly referred to as i , "dragstrip" tests, and for no other purpose. ?f I w�G 3. Permittee shall have the privilege of making such f �j� regularly conducted and supervised tests , and exhibitions of such ' .1 V I ,I. tests, open to the public, and may charge admission to the � �� ce�eral public; provided, however, that PerMittee shall pay to � ; _ . City the sum of One Hundred Fifty Dollars ($150 . 00) for the term � � ; ef this Agreement. Such payment to Cit��, in consideration of I I�I th�s Permit, is to be made on or before execution of this I � h . ; �� tic_eement. Additionally, Permittee shall pay to City six percent ' j tl� � (6z ) of the gross ga�e and concession receipts within thirty {30) � q;� � � da�,�s after each sale event. ' ' � I� 4 . Permittee may allow concessionaires to sell refresh- �� mer_ts, including soft drinks, candies, and foodstuff, at Redding '�P Raceway events on these premises, but the sale of intoxicating ,� ; � H, liquor of any kind, including beer, is prohibited, and Permittee i 0 ,� ,. , shall not allow intoxicating liquor to be sold or vended at said ; . �I� Airport location. �� 7 � n� 5 . Permittee shall be responsible for the maintenance, � ��; repair, and renewal of the taxiway to be utilized hereunder. The i!; � , � '�' -2- � 'ii �� , i __ . _ . ., � . _. _. ... _. , .._ _._. i _ ... _ t. I � � � � �, ` �� i, r � � l 'I; actual maintenance, repair, and renewal work shall be performed ' � by City, but City shall be reimbursed by Permittee for the actual �I „ costs of materials used for such maintenance, repair, and renewal A I �� work. � �,� �I � Permittee shall be responsible for providing all labor and � !� i �i � � �iii paying all costs necessary to maintain the remainder of the N ' ' ; demised premises, including maintenance of fences, in good and + � i h � ; c'ean repair and condition. If Permittee des�res to place any I �I� ir.�provements on the subject premises , or to demalish and remove j� � ;� an_y existing dilapidated and substandard impro�-ements , Permittee pf �� covenants and agrees that it will fir.st obtain the consent, in I ij; writing, of the Director of_ Airports as to an�� such improvement, � � � �Hi alteration, or demolition. Permittee express'_y agrees that it i w_11 leave said premises at the terminat?on o= this Permit in � I � 1 � gcod and clean cond__tion, inc__uding tne :erloval ef ruts, PI C� ~c�dwavs, tires , bleachers , etc. , installed b�- �ermittee for its 'Ii _ �"�' ac�ivities . A performance bond in the amount of Four Thousand � � h �. Dollars ($4 ,000 . 00) will be established by Permittee with City to j I ir:sure compliance. �,; I�� i6 . Permittee shall not permit spectators on the west side � � � o� said taxiway, unless first approved by the Director of ' � I I Airports of City. Permittee shall post appropriate signs on the '�� i i� ;; I west side of said taxiway to give notice to the public of said ; �' I � ,�� restriction. ai �7 . Permittee shall be responsible for keeping said area in � i ;; � a clean and sanitary condition and, upon the completion of any � � � � � -3- V; .. . . ... ._..__,_� . ......... ...........w� ...�... . ....::...:. ...:i...,S�.S`..v _ _ _ . . ' <....:..�..t.^.�.�i.::..1_:.e.:�.l:.,.",k._ . ...'1....,.: - ....... —"D.�� L.t.�.�:�.:.��"" ' . ... «.a..... ..... . ....._._. � _ .."` � _ 1 � • � � f '• i ,�I � . ; �I� � �I i, _. � u�; I test or exhibition, shall take immediate steps to remove all � Mi �� i trash and litter from the area. ' 4 ji i. �i 8 . Permittee shall be responsible for periodically i ,,� � �; i�specting the fence located on the north side of the field and ` I�' ' (��; east of the United States Forest Service area, and shall promptly ; � notify City of damage thereto. ' �',; � � 9 . Permittee shall keep the gate to the permitted premises � I i ; closed and locked at all times, except when there is an attendant j N�, at the gate; and if any damage occurs to the gate, Permittee h �, I shall immediately notify the Director of Airports of City. � �, � j. 10 . The Permit and privilege herein grar`ed is subject to � � . , cancellation by City at any time in the event: I (a) The Federal Aviation Agency advises City that the j � � �' continuation of the rights and pri��_leges under this j �� i � permit is hazardous to the safety �f aircraft using ' p i u said Airport, or fl_ying in the vicini=��; or ' C� ' � k, �b) The United States Government elects =o take over said � q, i d , Airport as a national defense measure; or (c) The Federal Aviation Agency advises City that the � a,, automobiles or other devices used �v Permittee here- ' ; , - � under interfere with the transmissio*� or receiving of ii � radio signals from the T.V.O.R. facility located at j r i� said Airport. ; �� i ;� In the event corrections can be made by Permittee to � „ �� eliminate the hazards or the interference, and Permittee causes � �',; H'' said corrections to be made within ten (10) days after receiving N,; � �II �� ,�� -4- I h �, I �� __ .. .. . _._ _. . . _.. .�. ._.. ,.. ..._,..... .... .�.. �.,M,,._�:..�......:�,.._��... w.�.: . <.�_.�.. . . . _� .�a_.. _�. . ..,.. _.. i _ r,...,.. _ .� . . • �• ` li, . . � � ' � I ,� notice to do so from the Director of Airports of City, no ;; 1 ca�cellation shall occur. � n, , �' 11 . Permittee shall conform to all Federal Aviation Agency � r�� ;'i� and City, County, and State rules and reculations now or � I�i !;`� he_eafter enacted in conducting its activities at said Airport. . N i 12 . To comply with Federal Aviation Administration require- �, I � me�ts, Permittee, far itself, its successors and assigns, as a ( � � � pa_t of the consideration hereof, does hereby covenant and agree, � �` � �,' as a covenant running with the land: I,; i �� (1) That in the event facilities are constructed, 4 �!; maintained, or otherwise operated on the said property ' described in this Permit for a � , � pur�ose for which a � u ; Department of Transport program or activity is �� I extended, or for another purpose involving the provision of similar services or benefits , Permittee i ' shall maintain and operate such facilities and services � in compliance with all other requirements imposed IpI�I' pursuant to Tit1e 49 , Code of Federal R.egu'_ations , DOT, � ' pl Subtitle A, Office of the Secretary, Part 21 , ' �, Nondiscrimination in Federally-Assisted Programs of the r ' I ' Department of Transportation--Effectuation of Title VI � ��, of the Civil Rights Act of 1964 , and as said ` ; Regulations may be amended. � M p;, �� (2) That (a) no person on the grounds o` 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) p;; p � that in the construction of any improvements on, over, il or under such land and the furnishing of services ; thereon, no person on the grounds o� 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 � 'ry�� 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 � h Federally-Assisted Programs of the Department of ; �;' Transportation--Effectuation of Title VI of the Civil ( i �I; Rights Act of 1964 , and as said Regulations may be f �'� amended. I , :� � �I I i � _ I ; 5- � �I' � _ . ...... _... .. ... ... � ... . .,� .�..�.:..-..��.._.�:; :�. . �_� -..� _ . • • ' '�` � � • ' !I, nl a' � h! i�; (3) That in the event of breach of any of the above nondis- � I crimination covenants, City shall have the right to i terminate this Permit and to re-enter and repossess '' p�j said land and the facilities thereon, and hold the same � ;,I; as if said Permit had never been made or issued. This j provision does not become effective until the ; �� procedures of 49 CFR Part 21 are followed and ;. � i completed, including expiration of appeal rights, I � � � ' (4) That Permittee shall furnish its accommodations and/or �lI services on a fair, equal, and not unjustly discrimi- i nator_y basis to all users thereof, and it shall charge ; �,, fair, reasonable, and not unjustly discriminatory � h; prices for each unit or service; provided that � �i; Permittee may be allowed to make reasonable and ' � nondiscriminatory discounts, rebates, or other similar � ii,, type of price reductions to volume purchasers. ` �� I i; (5) That non-compliance with paragraph 12 (4) above shall I �ii constitute a material breach thereof, and in the event ? �� of non-compliance City shall have the right to i �"' terminate this Permit and the esta}e hereby created ' u without liability therefor, or at th� election of City ; q; or the United States either or both said Governments ' �� shall have the right to judicially en`orce provisions . � � ' (6) That Permittee agrees that it shall insert the aaove � five provisions 12 (1) through 12 (�) in any lease ' aqreement, contract, etc. , by which said Permittee � �� grants a right or privilege to any person, firm, or + corporation to render accommodations and/or services to i ; the public on the premises herein pernitted. � ; (7) That Permittee assures that it will undertake an i affirmative action program as required by 14 CFR Part l 152 , Subpart E, to insure that no person shall, on the � ; grounds of race , creed, color, natior:al 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 �°i; by this subpart. Permittee assures that it will �1� 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 ryl� required by 14 CFR 152 , Subpart E, to the same effort, i n!�. �!" (8) That City reserves the right to further develop or � j�� improve the landing area of Redding Municipal Airport i � � II � -6- � , _ .. . .. . ... . ., _ .��,.�.,,�,,,,.��:: ._.,.,�. _ _ __ �..�:; . <.:,�L:�,.�:z��..:....,�,:�. n • �• � ' i � I ��. , . � I i ui ; N� as it sees fit, regardless of the desires or view of � II.' Permittee and without interference or hindrance. � (';; i �;a (9) That City reserves the right, but shall not be i ' obligated to Permittee, to maintain and keep in repair I +� the landing area of Redding Municipa2 Airport and all I i� 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 I ��'� 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 hereb reserved to Cit , Y y, its successors � ;; and assigns, for the use and benefit of the public, a � right of fllght for the passage of aircraft in the -� ��1' airspace above the surface of the premises herein � permitted. This public right of flight shall include ! the right to cause in said airspace any noise inherent I �;; in the operation of any aircraft used for navigation or �� ;I flight through said airspace or landing at, takinq off � �' from, or operation on the Redding Municipal Airport. � i, � I (12) That Permittee agrees to comply wit�? the notification k I and r.eview requirements covered ir_ Part 77 of the I Federal Aviation Regulations in the event future i � , construction of a building is planned for the permitted � j premises, or in the event of any planned modification or alteration of any present or future building or � structure situated on the permitted premises . P� ; u,; (13) That Permittee, by accepting this Permit, expressly agrees for itself, its successors and assigns , that it ' I; � 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 p';� aforesaid covenants are breached, City reserves the N , right to enter upon the land hereunder and to remove the offending structure or object and cut the offending �i tree, all of which shall be at the expense of i; Permittee. I. I ; ,,II (14) That Permittee, by accepting this Permit, agrees for � �� itself, its successors and assigns, that it will not �'i make use of the permitted premises in any manner which r � might interfere with the landing and taking off of !lii aircraft from the Redding Municipal Airport, or ; „, I I I ,�, f �; I li� -7- � . �i i � . .... ., . _ � ' .. . , . . . , V . .... � y, ,,_ _. _.:�.-�� . 6 ,,��.....�,. ...,. k ,";� � • I • • • X� , �� . . . � �� . I i� II� I IIII 1 �i, 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. g I� ��! 13 . Permittee shall pay any and all possessory interest � ta�es levied by the Shasta County Assessor against the land and , h� l �', ex3sting improvements which are now on the demised premises or � � � which ma be located on the � y premises during the term of this , � I Pe;-mit or any extension thereof. � � p14 . This Permit is granted upon the express condition that ,� I Cily shall be free from any and all liability and claims for ! iI' ,�: da-iages for personal injur_v, death, or propertv damage in any way V �I, co-�nected with Permittee' s use of the premises hereunder � o'. � �� pe�mitted, including claims of Permittee , its agents, employees, C I - ` I, ar� members . Permittee shall indemnifv and s�ve harmless City, ( ,f p , its officers, agents, and employees , from any and a�l liability, � , ; u�'� icss , cost, or obligatic�n on account of or a=ising out of any i ul � NI'� su�h injury, death, or loss caused by the negligence or other a�� legal fault of Permittee or its agents , employees, and members. � � 15 . Permittee a p�� sh 11 maintain and keep in full force and ; ��,, � il , �, effect for all exhibits and tests conducted under this Agreement � �;: pu�lic liability insurance for personal injury or property damage I � � in the sum of One Million Dollars ($1 , 000 ,000 . 00) per occurrence, j i "I� which said insurance shall be obtained at Permittee's expense and � ��I�' from an insurance carrier authorized to do business in the State ! ��' II�' I �� of California. Said insurance shall have a specific provision � I� � that City, its officers, agents, and employees, shall be named as � p'i � � � G� ; ,: -8- � ; , ; �� ,� _. _ . . . ... . _. . . ... . . ..: .._... - _. ... _._ . �. .. . . , .. ._. . ...,.��.�.._�...�,�. __ _ . .�.�.�_. _ , ��-� .;' � �. � • .• , � � . ; i ; � . f � � �� I, additional insured under such insurance olic a p y, nd shall further � h��' I N�; contain a provision which obligates the insurance carrier to ; � ; , �I � notify City in writing at least ten (10) days prior to any ; N�' ca�cellation or reduction in the limits of such insurance. A ' f '�I�I'� Certificate of Insurance evidencing such coverage and notice ! 'i',I' � C requirement shall be approved by the Risk Manager of City and j N' ( ;, filed with him prior to the commencement of this Agreement. ' � � I �� 16 . It is further understood and agreed as a condition of �I I f ;+ this Permit that should Permittee hire an employee or employees, ;, it will provide workers ' compensation insurance on its employees, ;�', ard shall furnish City with a Certificate evidencing such � � I � ! ir_surance, approved by the Risk Manager of City and filed with i� ' I �� hi.� prior to the commencement of this Agreement. i i I �� 17 . This Agreement shall also be sub�ect to cancellation by ' I � d; th� City Council of City at any time upon giving Permittee at ' i X, 1e�st ninety (90) days ' advance notice in wr?ting of such 4 j�l,, c�ncellation; provided, however, that in the event of the � �;Ii u�i exercise of a cancellation pursuant to this paragraph, the 1 provisions of paragraph 10 hereof shall no longer apply or be � N � erforceable by City against Permittee. ;� I IIII 18 . Any notices or demands that ma be iven by either �il Y 9 _ � ii ' p�rty hereunder, including notice of default and notice of �, `' I i;�i termination, shall be deemed to have been fully and properly �, �� i �i given when made in writing, enclosed in a sealed envelope, and � �� deposited in the United States Post Office, certified mail, i i' r �� postage prepaid, addressed as follows: To Lessor at 760 Parkview ;i i��i ;i I �� -9- j f�I, � h� . . . . .- .. ... . . ... . �., . �„�.��r ._ ..� s::a.a� �� . . � .� � . � �u . , . F . � � p;' �� Avenue, Redding, California 96001-3396 ; and to Lessee at 2014 �I � ,��: ��; Hilltop Drive, Redding, California 96002 . ' ��' � 19 . It has been determined that this matter is not subject ��' ; �i� te the provisions of the California Environmental Quality Act. ; w , f �I � IN WITNESS WHEREOF, the parties hereto have executed this � �' Agreement as of the day and year set forth above. ` �i � I'i I � I ' ' '� CITY OF REDDING ` � , ' � G, ��I-I By� 1� u, � K. MAURICE JOHANNESSEN, Mayor � � ,� ;i � � �� ---;— � ��; l ' �'�--C-�,, � ' ; � RODr1EY D. T OMAS , dba REDDING RACEWAY j I � � V, � '� ; % I �� j , � � / i � ��lARILYN K . �'HOMAS , cba. R�DDING RACEWAY l �� I� � , i 1 i i'� I �;� I� II A'�TEST: �� j, ETHEL A. NICHOLS , City Clerk i I; I. ��'. � FO PROVED: � � ;i I � RA DALL A. HAYS, C ' y Attorney j��, ' i " 'I I��I � i �� -10- I H4 r _ _ _ .__ . . .. . . _. . ..... .. ., .. .._.. ... ._... v_ . ,.�... ____• ., _ . --_. : _... . . ..,. . �' .. 1 � � .. . l + • � .• .' ' I� � . I:; II�� . . • , .� ��;��'� �'� . �_J � �y I N _ .._. � . �� . ,�I y; I I, , w _\ . .. II ,_..,,.._ ii �` �� , o \ � H/ j� , � ' � 1� H�, �� ' o '-�'- - -! ' �; x� i� �� °� I ° ;� j` xl �" � � � � I� �� v � r'I � U�e Il�i � ��I il � � . 'I i , I;� -. • � o�� I � i� I i� , j' � . . � � i �� . . i� � �� li I w ,� . � � o I. � �� r • � � (� I;� . � �Ti O ��----' �; 1 .� o ---- i� �J n e �� I r � J eu �— , .'1 �i � � � I W o f �� „. i ,�i�; >-- �� ` `- o �• I a � � o `' � - I 3 v ' � � � � i IIj1 � ■ � Ral � i = 1 � d �. � p�v•� � Ij i 3 \ � �_lry �^ .. � •� - '�j G,� i � � � � � .� _ I � ,�' ,° — ! �� u� '� "_ I , ; I II �, H-, �i I i� � C � � �i . G"' `; ! � � '' lil •�, 4 /' - �, , .II I' .y\ \`\ � \\ I �, � � � � J� /� I �,- `., / � � �� Q � 1 � \ I r. \N ; ' C � i " � �j f� • , v /� `i`.' .\ '' i. I! \•. vl �. ti' ,-d I �� . � � � � � .. � �, ,u � -:; , �'� � � . . �� ^ � , ��I; . l� � — --.�r--: _ ------=�------. ! � ;I �, � u y.� --- �"i� . � r�: . . I' d . ' � • �s I�, .� : �;� ,I ; �li ` � . �1� � �. ,,.,�. ; , � Y � �� . ;� � ;: � � ,, � . :. . � �. ; . nil � -� � ' -- — — — � j