HomeMy WebLinkAboutReso. 1988-192 - Approving the month-to-month permit for commercial activities •
RESOLUTION NO. 211? ,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE MONTH-TO-MONTH PERMIT FOR COMMERCIAL
ACTIVITIES (OFFICE SPACE) AT REDDING MUNICIPAL AIRPORT
BETWEEN THE CITY OF REDDING AND JOHN EHRET DODGE, INC. ,
DOING BUSINESS AS B & B RENTALS, INC. , 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 Month-to-Month Permit for Commercial Activities at
Redding Municipal Airport between the City of Redding and John
Ehret Dodge, Inc. , dba B & B Rentals , Inc. , for office space, a
true copy of which is attached hereto and incorporated herein;
and
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Permit and all necessary
documents in connection therewith 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 on the aforesaid documents, when
appropriate.
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 17th day of May , 1988 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton , & Carter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Johannessen
ABSTAIN: COUNCIL MEMBERS : None
SCOTT CARTER, Vice Mayor
City of Redding
ATTEST: FORM PPROVED:
e.04/072 IS- �-e-i°e4e6(°' '
ETHEL A. NICHOLS , City Clerk TDALL A. HAYS , ity Attorney
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MONTH-TO-MONTH
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
WHEREAS, JOHN EHRET DODGE, INC. , a California Corporation,
with its principal office at 21 West 4th Street, Eureka,
California 95501 , doing business as B & B RENTALS, INC. at 6751
Airport Road, Redding, California 96002 , hereinafter referred to
as "OPERATOR, " has been carrying on revenue-producing commercial
activities at said Airport under lease from the CITY in
accordance with Section 3 .08 .030 of the Redding Municipal Code
and Resolution Nos. 2978 and 4162; and
WHEREAS, OPERATOR has applied to CITY for a new Permit to
carry on said revenue-producing commercial activities at said
Airport; and
WHEREAS, the City Council has determined that these
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.
NOW, THEREFORE, CITY hereby grants to OPERATOR a month-to-
month Permit, license, and privilege to conduct and carry on from
the air terminal building at Redding Municipal Airport the
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hereinafter described revenue-producing commercial activities,
commencing January 1 , 1988 .
This Permit is subject to the following terms and
conditions:
1. COMMERCIAL ACTIVITIES.
a. OPERATOR' s revenue-producing commercial activities
under this Permit shall consist of and be limited to
office space only, as hereinafter described and
referred to as "premises, " in connection with its car
rental 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 AND CHARGES .
a. OPERATOR will pay to CITY for the Permit, license, and
privileges herein granted the sum of Two Hundred
Twenty-one Dollars ($221 .00) per month, payable in
advance on the first day of each and every month,
commencing January 1 , 1988 . Said monthly rent shall be
negotiated each year no later than thirty (30) days
prior to the anniversary date (s) hereunder.
b. The payments called for above shall be payable monthly,
in advance. CITY is entitled to collect, and OPERATOR
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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
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'
written notice by CITY to OPERATOR, to any fee there-
after 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 . UTILITIES.
OPERATOR' s proportional share of the maintenance and
operational costs provided by CITY, defined as electrical, air
conditioning, heating, water, garbage, and janitorial services
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for the shared lobby area, is included in the monthly rental set
forth in paragraph 2a of this Permit. OPERATOR is to pay for all
other utilities required in its operations, including janitorial
services for its office space.
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 covered by this Permit.
5 . AIRPORT FACILITIES.
Nothing contained herein shall be construed as entitling
OPERATOR to the exclusive use of any services, facilities, or
property rights at said Airport, except the use of the premises
described above for office use only.
6 . SPACE IN TERMINAL BUILDING.
CITY hereby assigns to OPERATOR for its exclusive use in
connection with its car rental service 144 square feet of office
space only within the Airport terminal building as delineated in
the diagram attached hereto as Exhibit "A" and incorporated
herein by reference.
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CITY licenses OPERATOR, its employees and invitees, to use,
in common with others, and in connection with OPERATOR' s car
rental service, all public space and facilities in and adjacent
to the Airport terminal building which are not exclusively
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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 . SERVICE TO THE PUBLIC.
OPERATOR shall make its services available to the public
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 privilege of refusing service to any
person or persons for just cause, without discrimination by
virtue of race, color, creed, or sex.
8. 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
premises and facilities, or to any adjoining public ways.
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
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security caused by the actions of OPERATOR' s personnel shall be
paid by OPERATOR.
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 maydisturb 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
which the demised premises are situated free from any liens
arising out of any work performed, material furnished, or
obligations incurred by OPERATOR.
12 . 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
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
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(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
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 (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
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
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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 (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.
d. That in the event of breach of any of the above nondis-
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 (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.
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
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
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.
13 . 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 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
to Title 49 , Code of Federal Regulations, DOT, Subtitle
A, Office of the Secretary, Part 21 , Nondiscrimination
in Federally-Assisted Programs of the Department of
Transportation--Effectuation of Title VI of the Civil
Rights Act of 1964 , and as said Regulations may be
amended.
(2) That (a) no person on the grounds of race, color, or
national origin shall be excluded from participation
in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities; (b)
that in the construction of any improvements on, over,
or under such land and the furnishing of services
thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation
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in, denied the benefits of, or otherwise be subject to
discrimination; and (c) that permittee (OPERATOR) shall
use the premises in compliance with all other require-
ments imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation,
1 Subtitle A, Office of the Secretary, Part 21 , Non-
discrimination in Federally-Assisted Programs of the
Department of Transportation--Effectuation of Title VI
of the Civil Rights Act of 1964 , and as said
Regulations may be amended.
(3) That in the event of breach of any of the above nondis-
crimination covenants, CITY shall have the right to
terminate this Permit and to re-enter and repossess
said 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
completed, including expiration of appeal rights.
(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.
(5) That non-compliance with paragraph 13 (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 13 (1) through 13 (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
services
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 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.
(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.
(10) That this Permit shall be subordinate to the provisions
and requirements of any existing or future agreement
between CITY and the United States relative to the
development, operation, or maintenance of the Redding
Municipal Airport.
(11) That there is hereby reserved to CITY, its successors
and assigns, for the use and benefit- of the public, a
right of flight for the passage of aircraft in the
airspace above the surface of the premises herein.
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
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of any structure or object, nor permit the growth of
any 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
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
granting of an exclusive right within the meaning of
Section 308a of the Federal Aviation Act of 1958 (49
U.S.C. 1349a) .
14. RESTRICTION OF OPERATIONS.
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
and facilities to be afforded hereunder, or the rental to become
due hereunder, from the time of such notice until such
restriction has been remedied and normal operations restored.
15. MAINTENANCE AND OPERATION OF AIRPORT.
CITY will properly maintain and operate the Airport
(including all buildings and facilities) for the safe,
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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.
16. CITY ADMINISTRATION.
Whenever OPERATOR is required to secure the 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 the OPERATOR, and according to proper procedure, any
such questions may be referred to the City Council of CITY, whose
decision thereon shall be final.
17. PREMISES AS-IS.
OPERATOR hereby certifies and agrees that it has inspected
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.
it
18 . TAXES.
OPERATOR agrees to pay promptly when due any and all taxes
assessed against its personal property and any possessory
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interest tax levied by reason of its occupancy of the demised
premises.
19. 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
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
and all liability, loss, cost, or obligation on account
of or arising out 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 its 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
to any person and $500 ,000.00 for injury or death of
more than one person in the same accident, and public
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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
$500 ,000 .00 . Said policy shall name CITY, its
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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
such insurance. A Certificate of Insurance evidencing
such coverage and notice requirement shall be approved
by the Risk Manager of CITY, and filed with the City
Clerk of 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 ' compen-
sation insurance on its employees, and furnish the City
Clerk 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 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 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'
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.
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20 . SIGNS.
The size and location of signs advertising the activities of
OPERATOR, if allowed by CITY, shall be subject to the prior
written approval and control of CITY.
21 . 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
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 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.
22 . RIGHT TO ENTER AND MAKE REPAIRS .
CITY and its authorized officers, agents, employees,
contractors, subcontractors, and other representatives shall have
the right to enter into OPERATOR' s premises and facilities (as
set forth in attached Exhibit "A") for the following purposes:
(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
conditions of this Permit with respect to such premises
and facilities;
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(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
of this Permit, or be deemed to constitute an interference with
the possession thereof by OPERATOR.
23. DAMAGE OR DESTRUCTION OF PREMISES.
In the event the terminal building is damaged by fire or
other casualty, CITY covenants and agrees to repair such damage
as soon as practicable, using the proceeds of fire insurance
policies covering the subject premises, or to construct a new
terminal, without unreasonable delay.. OPERATOR covenants and
agrees to continue its operations at the subject Airport by means
of such temporary measures as can be mutually agreed upon by CITY
and OPERATOR during the period of repair and reconstruction, or
new construction; and OPERATOR further agrees to continue to pay
all of the established fees and charges due under this Permit.
24 . ASSIGNMENT OR SUBLETTING.
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)
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to occupy or use the demised premises or any portion thereof
without the written consent of CITY first had and obtained. 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
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
hereunder.
25 . BANKRUPTCY AND INSOLVENCY.
If 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
to any existing or future laws of the Congress of the United
it
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-
ruptcy,
or if any receiver should be appointed in any action or
proceeding with power to take charge, possession, control or care
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of said premises, CITY shall have the option to forthwith
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.
26. 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, by the lease, permit,
license, or agreement itself, or by law, or upon the happening of
II one or more of the following:
a. Filing a petition of voluntary or involuntary
ii 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
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.
d. The failure of an operator,p 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
remedy any default, breach or violation of the Airport
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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
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.
27 . 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
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to do so, shall be a basis for cancellation of this
Permit.
28 . NOTICE.
{ Any notices or demands that may be given by either party
hereunder, including notice of default and notice of termination,
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shall be deemed to have been fully and properly given when made
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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,
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III 410 .
California 96001-3396 ; and to OPERATOR at 5570 Air Terminal
Drive, Fresno, California 93727 .
29 . CEQA.
It has been determined that this matter is categorically
exempt from the provisions of the California Environmental
Quality Act.
IN WITNESS WHEREOF, the CITY OF REDDING and JOHN EHRET
DODGE, INC. , doing business as B & B RENTALS, INC. , have executed
this Permit on the day and year set forth below.
CITY OF REDDING
DATED: , 1988 By:
Scott Carter, Vice "Mayor
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JOHN EHRET DODGE, INC. , doing
business as : & B :. NTA - INC.
DATED: 11 -?_) Pj , 1988 By: /��i�_ .
74;0411111111111
By: ,
it
; I
ATTEST: FORM APPROVED:
ETHEL A. NICHOLS , City Clerk RANDALL A. HAYS, City Attorney
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