HomeMy WebLinkAboutReso. 1989-183 - Approving the permit for commercial activities , _ . III liit
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RESOLUTION NO. I-! — Q..3
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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 APRIL 1 , 1989 , 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 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
of Redding, and the City Clerk is hereby authorized and directed
ii to attest the signature of the Mayor and to impress the official
I seal of the City of Redding on the aforesaid document, when
I appropriate.
bl 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 June , 1989 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Dahl , Fulton, Johannessen, & Carter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Buffum
ABSTAIN: COUNCIL MEMBERS: None
SCOTT CARTER, Mayor
City of Redding
ATTES/ j-' // / . /�ilooly / / OR PPROVED:
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11HEL A. NICHOLS, Ci/Clerk NDALL A. HAYS, Ci y Attorney 4
•Y Connie Strohmayer, Assistant
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11 PERMIT FOR COMMERCIAL ACTIVITIES
REDDING MUNICIPAL AIRPORT
WHEREAS, the CITY OF REDDING, a Municipal Corporation and
General Law City, hereinafter referred to as "CITY, " owns and
maintains Redding Municipal Airport in the City of Redding; and
lil WHEREAS, WINGS WEST AIRLINES, INC. , a California
Corporation, doing business as AMERICAN EAGLE, hereinafter
referred to as "OPERATOR, " has been carrying on revenue-producing
commercial activities at said Airport under approval from the
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CITY in accordance with Section 3 .08 . 030 of the Redding Municipal
Code and Resolution Nos . 2978 and 4162 ; and
WHEREAS, said OPERATOR has now applied for a new Permit; and
! WHEREAS, the City Council has determined that these
commercial activities are compatible with the Airport Master
i ' 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:
N!, (1) a period of one (1) year, commencing April 1 , 1989 , and
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terminating March 31 , 1990 ; and
(2) thereafter, provided OPERATOR is not in default here-
under, from year-to-year on an automatic renewal basis,
unless written notice of any change in the terms hereof
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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
"' conditions: •
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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
foregoing or independently, shall first require the
written permission of CITY.
2 . FEES; CHARGES; PERFORMANCE BOND.
a. OPERATOR will pay to CITY for the Permit, license, and
li privileges herein granted the following monthly fees
Ali and charges:
i. Commercial aircraft landing fees at the rate of
fifty cents (50C) per thousand pounds of maximum
aircraft landing weight. In connection herewith,
it is expressly agreed that OPERATOR will report
in writing to the Director of Airports of CITY--by
the fifth day of each and every month--the total
number of aircraft landings and the gross landing
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1 weights of aircraft landing during the previous
it month belonging to OPERATOR.
II ii. The sum of $686 . 00 for its teruinal space fee,
based on 716 square feet of area as depicted in
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Exhibit "A" attached hereto and incorporated
it herein by reference.
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iii. The sum of $329. 00 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"
ii provided by CITY are defined as electrical, air
conditioning, heating, water, garbage, and
it 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.
iv. The sum of $86 .00 for its proportional share of
terminal security costs.
i' b. The payments called for above shall be payable monthly,
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except for landing fees which shall be due within 20 days from the date of
in advance ./ CITY is entitled to collect, and OPERATOR the
invoice.
agrees to pay to CITY, upon invoice, those fees and
charges 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
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prejudice to any other remedy which otherwise might be
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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 ar;: obligations or
11 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 '
written notice by CITY to OPERATOR, to any fee
thereafter due hereunder, and shall be and become
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additional fees recoverable by CITY in the same manner
and with like remedies as though it were originally a
part of the fees and charges set forth above.
c. The fees contained herein shall be reviewed on a
periodic basis and submitted for City Council approval.
d. During the term of this Permit, OPERATOR will post with
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the City Clerk of CITY a performance bond in the amount
of $5 ,000 .00 in favor of CITY. Failure on the part of
Np 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.
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3 . PARKING SPACES.
tii CITY licenses OPERATOR, its employees and invitees, to use,
w__hout charge, authorized employee vehicular-parking spaces
located in the vicinity of the Airport terminal building and the
i� 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 , including direct access between the ter_inal building and
O_ERATOR' s aircraft parked upon the ad_acer.: 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 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
61j air travel and air cargo service; and CIT: will grant to
; OPERATOR, without charge, all rights reasonably necessary for
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such uses.
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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
716 square feet within the terminal building as delineated in the
diagram attached hereto as Exhibit "A. "
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 facilities
described in Exhibit "A" attached hereto.
8 . SERVICE TO THE PUBLIC.
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
services; provided, however, that OPERATOR shall have the
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privilege of refusing service to any person or persons for just
cause, without discrimination by virtue of 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
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"' is left open. Any fines imposed upon CITY by the Federal
Aviation Administration Security Field Office for violation of
security caused bythe actions of OPERATOR' s
personnel shall be
paid by OPERATOR.
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10 _ WASTE; QUIET CONDUCT.
OPERATOR shall not commit or suffer to be committed any
waste upon the premises, or any nuisance or other act or thing
which may disturb the quiet enjoyment of any other occupant or
use of CITY' s adjoining premises. 1
11 _ MECHANICS' LIENS.
OPERATOR shall keep the demised premises and the property on
which the demised premises are situated free from any liens
arising out of any work performed, material furnished, or
obligations incurred by OPERATOR.
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12. RULES AND REGULATIONS.
OPERATOR covenants and agrees to comply with all statutes,
_a s , ordinances, regulations, orders, jud:ments, decrees,
directions, and requirements of all federal, state, county, and
city authorities now or hereafter applicable to the herein
premises and facilities, or to any adjoining public ways.
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
1I 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:
(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.
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b. The permittee (OPERATOR) , for itself, its successors
and assigns, as a part of the consideration hereof,
does hereby covenant and agree that in the event
facilities are constructed, maintained, or otherwise
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operated on the said property described in this Permit
for a purpose for which a Department of Transport
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program or activity is extended, or for another purpose
involving the provision of similar services or
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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 (OPERATOR) , for itself, its successors and
pi assigns , as a part of the consideration hereof, does
hereby covenant and agree that: (1) no person on the
grounds of race , color, or national origin shall be
, excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use
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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
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grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of,
p' 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
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Transportation, and as said Regulations may be amended.
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d. That in the event of breach of any of the above nondis-
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crimination covenants, CITY shall have the right to
gg 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 allegedly permittee (OPERATOR) alle edl 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.
e. That in the event of breach of any of the above nondis-
crimination covenants, CITY shall have the right to
re-enter said lands and facilities thereon, and the
above-described lands and facilities shall thereupon
pl 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
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contest said alleged breach under applicable Federal
Aviation Administration procedures, and the right of
j 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.
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14 . FAA REQUIREMENTS .
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' To comply with Federal Aviation Administration requirements,
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perrlittee (OPERATOR) , for itself, its successor= and assigns , as ,
a part of the consideration hereof, does hereby covenant and
agree, as material terms of this Permit:
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(1) That in the event facilities are constructed, main-
'. tained, or otherwise operated on the rroperty described
1j 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, permittee (OPERATOR) shall
;, maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant
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to Title 49 , Code of Federal Regulati:ns , DOT, Subtitle
IA, 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
Iamended.
''H (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)
i, that in the construction of any imprcvements on, over,
II' or under such land and the furnishing of services
thereon, noof
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person on the grounds race, color, or
national origin shall be excluded from participation
in, denied the benefits of, or otherwise be subject to
rdiscrimination; and (c) that permittee (OPERATOR) shall ; '
II use the premises in compliance with all other require-
p; ments imposed by or pursuant to Title 49 , Code of
o Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21 , Non-
o discrimination in Federally-Assisted Programs of the
Department of Transportation--Effectuation of Title VI
of the Civil Rights Act of 1964, and as said
Regulations may be amended.
(3) That in the event of breach of any of the above nondis-
crimination covenants, CITY shall have the right to
terminate this Permit and to re-enter and repossess
said premises and the facilities thereon, and hold the
same as if said Permit had never been made or issued.
This provision does not become effective until the
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procedures of 49 CFR Part 21 are followed and
completed, 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;
provided that permittee (OPERATOR) may be allowed to
make reasonable and nondiscriminatory discounts,
rebates, or other similar type of price reductions to
volume purchasers.
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(5) That non-compliance with paragraph 14 (4) above shall
constitute a material breach thereof; and in the event
of non-compliance CITY shall have the right to
terminate this Permit and the estate hereby created
without liability therefor, or, at the election of CITY
or the United States, either or both Governments shall
have the right to judicially enforce provisions .
(6) That permittee (OPERATOR) agrees that it shall insert
the above five provisions 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
ii 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,
Subpart E. Permittee (OPERATOR) assures that no person
shall be excluded on these grounds from participating
in or receiving the services or benefits of any program
or activity covered by this subpart. Permittee
(OPERATOR) assures that it will require that its
covered suborganizations provide assurances to
permittee (OPERATOR) that they similarly will undertake
affirmative action programs, and that they will require
assurances from their suborganizations, as required by
14 CFR 152 , Subpart E, to the same effort.
(8) That CITY reserves the right to further develop or
improve the landing area of Redding Municipal Airport
as it sees fit, regardless of the desires or view of
permittee (OPERATOR) and without interference or
hindrance.
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(9) That CITY reserves the right, but shall not be
obligated to permittee (OPERATOR) , to maintain and keep
in repair the landing area of Redding Municipal Airport
and all publicly-owned facilities of said Airport ,
together with the right to direct and control all
activities of permittee (OPERATOR) in this regard.
i' (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
G', 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.
NII' 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
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
assigns, that it will not erect nor permit the erection
of any structure or object, nor permit the growth of
anytree, on the land to this Permit above subjecto e 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
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abatement of such interference at the expense of
permittee (OPERATOR) .
(15) That it is understood and agreed that nothing herein
contained shall be construed to grant or authorize the
,II granting of an exclusive right within the meaning of
Section 308a of the Federal Aviation Act of 1958 (49
!i' U.S.C. 1349a) .
15 . RESTRICTION OF OPERATIONS.
I If CITY's operation of the Airport or OPERATOR' s operations
at the Airport are substantially restricted by any competent
governmental or judicial action, either party hereto will have
the right, upon notice, to an equitable reduction in the services
anf facilities to be afforded hereunder, or the rental to become
11 du_ hereunder, from the time of such nc_ice until such
restriction has been remedied and normal operations restored.
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16 . MAINTENANCE AND OPERATION OF AIRPORT.
CITY will properly maintain and operate the Airport
(including all buildings and facilities) for the safe,
II convenient, and proper use thereof by OPERATOR and in accordance
with all FAA rules and regulations.
CITY will provide adequate light, heat, water, janitor
service, and air conditioning for the public spaces.
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17 . CITY ADMINISTRATION.
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I Whenever OPERATOR is required to secure the approval or
cc-sent from CITY herein, CITY shall mean the Director of
Airports of CITY. However, at the option of the Director of
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Airports or the OPERATOR, and according to proper procedure, any
such questions may be referred to the City Cour_:il of CITY, whose
decision thereon shall be final.
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11 18 . PREMISES AS-IS.
OPERATOR hereby certifies and agrees that it has inspected
Ii 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
wl improvements of said premises shall be the sole obligation of
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OPERATOR; OPERATOR further covenants and agrees to hold CITY
harmless therefrom.
19 . 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
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premises.
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20 . INSURANCE.
a. This Permit is granted upon the express condition that
CITY, its officers, agents, and employees, shall be
ql free from any and all liability and claims for damages
for personal injury, death, or property damage in any
way connected with OPERATOR' s activities at said
Airport, including claims of OPERATOR, its officers,
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agents, employees, and invitees. CITY, its officers,
agents, and employees, shall be held harmless from any
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and all liability, loss, cost, or obl_:ation on account
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of or arising out of any such injury, death, or loss,
i' however occurring.
b. OPERATOR shall procure and maintain from a company
authorized to do business in the State of California,
at its sole cost and expense and at all times during
the term of this Permit, comprehensive general
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liability insurance policy for aircraft liability and
airport premises liability in an amount of $10 ,000, 000
Gj combined single limits. Said policy shall name CITY,
its officers, agents, and employees , as additional
insured, and shall further contain a provision
obligating the insurance carrier tc notify CITY in
writing at least ten (10) days prior to any
cancellation or reduction of such insurance. A
Certificate of Insurance evidencing such coverage and
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notice requirement shall be approved by the Risk
Manager of CITY, and filed with the City Clerk of CITY
41 prior to the commencement of this Permit.
r!° c. It is further understood and agreed as a condition of i
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!'! this Permit that OPERATOR will provide workers ' compen-
I sation insurance on its employees, and furnish the City
Clerk of CITY with a Certificate evidencing such
insurance, approved by the Risk Manacer of CITY. Said
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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
!II such insurance. To obtain an exemption from this
� requirement should OPERATOR have no employees, OPERATOR
shall provide the City Clerk of CITY with a letter
stating that it is not employing any person or persons
in any manner so as to become subject to the workers'
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compensation laws of California; provided, however,
that should OPERATOR later become subject to the
workers' compensation provisions of the Labor Code, it
will forthwith comply with the insurance requirements
set forth above.
Nothing herein is intended to exculpate CITY from its own
negligence.
21 . SIGNS.
The size and location of signs advertising the activities of
OPERATOR shall be subject to the prior written approval and
control of CITY.
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22 . TRADE FIXTURES.
Any trade fixtures, equipment, and other property brought,
installed, or placed by OPERATOR in or about the herein premises
shall be and remain the property of OPERATOR except as otherwise
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orovided herein. OPERATOR shall have the right at any time
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during the term hereof to remove any or all of its property,
sect to OPERATOR' s obligation to repair all damage, if any,
resulting from such removal. Such trade fixtures, equipment, and
other property of OPERATOR shall be removed by OPERATOR from the
herein premises by the expiration or earlier termination of this
Permit.
23. RIGHT TO ENTER AND MAKE REPAIRS.
CITY and its authorized officers, agents, employees,
contractors, subcontractors, and other represer.=atives shall have
the right to enter into OPERATOR' s premises and facilities (as
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set forth in attached Exhibit "A") for the following purposes : I.
(a) To inspect said premises and facilities at reasonable
intervals during regular business hours (or at any time
in case of emergency) to determine whether OPERATOR has
complied with and is complying with the terms and
'i 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
perform any and all things with reference thereto which
CITY is obligated or authorized to do as set forth
herein.
No such entry by or on behalf of CITY within or upon said
premises and facilities shall cause or constitute a termination
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of this Permit, or be deemed to constitute an interference with
the possession thereof by OPERATOR.
24 . 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,
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 tc 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
destroyed by fire or other casualty, or so damaged that
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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 following options:
i. to cancel this Permit forthwith in writing;
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or
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ii. if said building shall be repaired or
j reconstructed by CITY at its own cost and
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1 expense, OPERATOR may temporarily suspend its
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operations, or a part thereof. If OPERATOR
temporarily suspends its entire operation,
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rent shall thenceforth cease until the
premises shall be fully restored. If
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N, OPERATOR continues to operate a portion of
its services, OPERATOR shall pay a 1
proportionate rent until such time as the
ii premises shall be fully restored.
d. In the event that the Redding Municipal Airport or the
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premises herein occupied by OPERATOR are rendered
untenantable or unusable because cf the condition
thereof other than due to fire or casualty as set forth
above, and except by reason of fog, snow, flood,
'j earthquake, or other uncontrollable conditions, 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.
25 . ASSIGNMENT OR SUBLETTING.
OPERATOR shall not assign this Permit or any interest
pj therein, and shall not sublet the demised premises or any part
11
hl thereof, or any right or privilege appurtenant thereto, nor
fl
suffer any other person (agents and employees of CITY excepted)
aI.
tc occupy or use the demised premises or an'• portion thereof
ti
without the written consent of CITY first had and obtained. A
' I
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II
S o
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
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
nct arbitrarily or capriciously withhold its consent required
hereunder.
26 . BANKRUPTCY AND INSOLVENCY.
If OPERATOR shall be adjudged bankrupt, either by voluntary
or involuntary proceedings, or if OPERATOR shall be the subject
pi of any proceeding to stay the enforcement of obligations against
ph
it in the form of reorganization or otherwise under and pursuant
to any existing or future laws of the Congress of the United
States, or if OPERATOR shall discontinue business or fail in
business, or abandon or vacate said premises, or make an
assignment for the benefit of creditors, or if said premises
� should come into possession and control of any trustee in bank-
1
H; ruptcy, or if any receiver should be appointed in any action or
proceeding with power to take charge, possession, control or care
of said premises, CITY shall have the option to forthwith
IIterminate this Permit and re-enter the premises and take
;l
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I I
possession thereof. In no event shall this Permit be deemed an
asset of OPERATOR after adjudication in bankruptcy.
27 . REVOCATION OF LEASE, PERMIT, OR LICENSE.
CITY shall have the right to terminate any lease, permit,
YI
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, by the lease, permit,
license, or agreement itself, or by law, or upon the happening of
one or more of the following:
a. Filing a petition of voluntary or involuntary
bankruptcy with respect to the operator or license.
b. The making by the operator or licensee of any general
assignment for the benefit of creditors.
c. The abandonment or discontinuance of any operation at
j the Airport by the commercial operator, or the failure
to conduct any service, operation, or activity which
the lessee, permittee, or licensee has agreed to
provide under the terms of his contract. If this
condition exists for a period of ten (10) days without
prior written consent of CITY, it will constitute an
abandonment of the land or facilities and the lease,
permit and/or license shall become null and void.
1
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
Pi remedy any default, breach or violation of the Airport
Rules and Regulations by him or his employees within
' I thirty (30) days after notice from the CITY.
-22-
I '
11 .
f. Violation of any of these standards and rules and
regulations or failure to maintain current licenses
required for the permitted operation.
g. Intentionally supplying CITY with false or misleading
information or misrepresenting any material fact on the
application or documents , or in statements to or before
the CITY, or intentional failure to make full
disclosure on a financial statement, or other required
documents.
26 . TERMINATION.
a. This Permit is subject to cancellation by either party
upon giving sixty (60) 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 sixty (60) days ' written notice by CITY
to do so, shall be a basis for cancellation of this
1 Permit.
29 . NOTICE.
Any notices or demands that may be given by either party
hereunder, including notice of default and notice of termination,
shall be deemed to have been fully and properly given when made
in writing, enclosed in a sealed envelope and deposited in the
United States Post Office, certified mail, postage prepaid,
r;
addressed as follows: To CITY at 760 Parkview Avenue, Redding,
California 96001-3396; and to OPERATOR c/o Director of Properties
and Facilities, Post Office Box 8115 , San Luis Obispo, California
93404-8115.
-23- 1 I
30. CEQA.
It has been determined that this matter is categorically
l
exempt from the provisions of the California Environmental
Quality Act.
IN WITNESS WHEREOF, the CITY OF REDDING and WINGS WEST
1 ; AIRLINES, INC. , doing business as AMERICAN EAGLE, have executed
I1
this Permit for Commercial Activities on the day and year set
forth below.
CITY OF REDDING
DATED: , 1989 By:
SCOTT CARTER, Mayor
WINGS WEST AIRLINES, INC. , DOING f
di BUSINESS AS AMERICAN EAGLE
DATED: M ? , 1989 By: (4. Sdik,j),j3
By:
ATTEST:
P i
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
ii
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