Loading...
HomeMy WebLinkAboutReso. 1988-423 - Approving the permit for commercial activities RESOLUTION NO. 351-4' .5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE PERMIT FOR COMMERCIAL ACTIVITIES (AIRPORT LIMOUSINE SERVICE) AT REDDING MUNICIPAL AIRPORT BETWEEN THE CITY OF REDDING AND .ANTHONY L. FEIST, DOING BUSINESS AS AIRPORT BUS SERVICE, 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 Anthony L. Feist, dba Airport Bus Service, for Airport limousine service, a true copy of which is attached hereto and incorporated herein. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Permit on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid document. 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 December , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Carter, Dahl , Fulton, & Johannessen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None r' 7 K.�4MAURICE JOHANNESSEN, Mayor City of Redding ATTEST: PPROV ED: A �,1` /, .Ge.r. g /4; ETHEL A. NICHOLS CityClerk RDALL A. HAYS, S, CiY Attorney i(b 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, ANTHONY L. FEIST, DBA AIRPORT BUS SERVICE, hereinafter referred to as "OPERATOR, " has been carrying on revenue-producing commercial activities at said Airport under a Permit from CITY, duly assigned by ELAINE S. JAROS to OPERATOR, in accordance with Section 3 .08 .030 of the Redding Municipal Code and Resolution Nos. 2978 and 4162; and WHEREAS, 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 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 the hereinafter- described revenue-producing commercial activities for a period of one (1) year, commencing December 1 , 1988 , and terminating November 30 , 1989, unless sooner terminated as herein provided, and on a month-to-month basis after November 30 , 1989 . At the end of this period, the terms, conditions, and charges shall be negotiated by the parties for extension hereof. 1110 . III This Permit is subject to the following terms and conditions: 1 . Commercial Activities. a. OPERATOR' s commercial activities shall consist of and be limited to the operation of an Airport limousine 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 privilege herein granted the following fees and charges: (i) A monthly sum of Twenty-four Dollars ($24 .00) for one limousine parking space heretofore reserved at the Airport for the exclusive use of OPERATOR; and (ii) An annual Permit fee of Twenty-five Dollars ($25 .00) for the limousine service. If any other commercial activity is approved, OPERATOR will pay an additional sum. b. The payments called for above shall be payable monthly, in advance. CITY is entitled to collect, and OPERATOR agrees to pay to CITY, upon invoice, those fees set forth above. Any fees and charges more than thirty -2- (30) days past due may be subject to a service charge of one percent (1%) per month based on an annual rate of twelve percent (12%) . Without prejudice to any other remedy which otherwise might be used for non- payment of fees and charges, or other breach of this Permit, if CITY is required or elects to pay any sum or sums or incurs any obligations or expenses by reason of a failure, neglect, or refusal of OPERATOR to perform any one or more of the terms, conditions, and covenants of this Permit, or as the result of any act or omission of OPERATOR contrary to said terms, conditions, or covenants, the sum or sums so paid, including all interest, costs, damages, or penalties, may be added, after fifteen (15) days' notice by CITY to OPERATOR, to any fee thereafter due hereunder, and shall be and become additional fees recoverable by CITY in the same manner and with like remedies as though it were originally a part of the fees and charges set forth above. 3 . Airport Facilities. Nothing contained herein shall be construed as entitling OPERATOR to the exclusive use of any services, facilities, or property rights at said Airport, except those facilities described in paragraph 2 .a. (i) above. -3- • 4 . Service to the Public. OPERATOR shall make his 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 his services; provided, however, that OPERATOR shall have the privi- lege of refusing service to any person or persons for just cause, without discrimination by virtue of race, color, creed, or sex. 5 . Rules and Regulations. OPERATOR shall comply with all governnental rules and regulations now in effect or hereafter enacted and, in addition thereto, shall comply with the directions of the Director of Airports of CITY pertaining to the proper administration and operation of said Airport as an aircraft facility. 6 . Assignment. The Permit herein granted shall not be assigned by OPERATOR, nor shall OPERATOR authorize or permit any person or persons to use any space herein set aside to OPERATOR without first securing the written approval of CITY. 7 . Insurance. a. This Permit is granted upon the express condition that CITY, its officers, agents, and employees, shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with OPERATOR' s activities at said -4- 410 410 Airport, including claims of OPERATOR, his agents and employees. CITY, its officers, agents, and employees, shall be held harmless from any and all liability, loss, cost, or obligation on account of or arising out of any such injury, death, or loss, however occurring. b. OPERATOR shall procure and maintain from a company authorized to do business in the State of California, at his sole cost and expense and at all times during the term of this Permit, public liability insurance in the minimum amounts of $300, 000. 00 for injury or death to any person and $1 ,000 ,000 .00 for injury or death of more than one person in the same accident, and public liability insurance for property damage in the minimum sum of $100,000 .00; OR, in the alternative, a combined single-limits policy in an amount of not less than $1 ,000,000.00 . Said policy shall name CITY, its officers, agents, and employees, as additional insured, and shall further contain a provision obligating the insurance carrier to notify CITY in writing at least ten (10) days prior to any cancellation or reduction of such insurance. A Certificate of Insurance evidencing such coverage and notice requirement shall be approved by the Risk Manager of CITY and filed with him prior to the commencement of this Permit. -5- • c. It is further understood and agreed as a condition of this Permit that OPERATOR will provide workers' compensation insurance on his employees, and furnish the Risk Manager of CITY with a Certificate evidencing such insurance, approved by the Risk Manager of CITY. Said Certificate shall contain a provision obligating the insurance carrier to notify CITY in writing at least ten (10) days prior to any cancellation or reduction of such insurance. To obtain an exemption from this requirement should OPERATOR have no employees, OPERATOR shall provide the Risk Manager of CITY with a letter stating that he is not employing any person or persons in any manner so as to become subject to the workers ' compensation laws of California; provided, however, that should OPERATOR later become subject to the workers' compensation provisions of the Labor Code, he will forthwith comply with the insurance requirements set forth above. 8 . United States of America Restrictions. a. It is understood and agreed that this Permit, insofar as it pertains to the use of the Redding Municipal Airport, is subject to the covenants, restrictions, and reservations contained in the following instruments to which the United States of America is a party: -6- • • (1) Quitclaim Deed dated June 3 , 1947, to the City of Redding; (2) Instrument of Transfer dated October 7 , 1947 , to the City of Redding; and (3) Grant Agreements of record executed by the City of Redding in connection with Federal Aid Airport Projects. b. The permittee (OPERATOR) , for himself, his heirs, executors, administrators, personal representatives, successors, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Permit for a purpose for which a Department of Transport program or activity is extended, or for another purpose involving the provision of similar services or benefits, the permittee (OPERATOR) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21 , Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. c. Permittee, for himself, his heirs, executors, admini- strators, personal representatives, successors, and assigns, as a part of the consideration hereof, does -7- 411 hereby covenant and agree that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such lands and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and (3) that the permittee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. d. That in the event of breach of any of the above nondis- crimination covenants, CITY shall have the right to terminate the Permit and to re-enter and repossess said lands and facilities thereon, and hold the same as if said Permit had never been made or issued; provided, however, that the permittee allegedly in breach shall have the right to contest said alleged breach under applicable Federal Aviation Administration procedures, and any sanctions under or termination of the Permit -8- . e e 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 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. 9 . FAA Requirements. To comply with Federal Aviation Administration requirements, Permittee, for himself, his heirs, executors, administrators, personal representatives, successors, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land: (1) That in the event facilities are constructed, main- tained, or otherwise operated on the said property described in this Permit for a purpose for which a -9- • • Department of Transport program or activity is extended, or for another purpose involving the provision of similar services or benefits, Permittee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49 , Code of Federal Regulations, DOT, 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 in, denied the benefits of, or otherwise be subject to discrimination; and (c) that Permittee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 , Non-discrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964 , and as said Regulations may be amended. (3) That in the event of breach of any of the above nondis- crimination covenants, City shall have the right to terminate this Permit and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Permit had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed, including expiration of appeal rights. (4) That Permittee shall furnish his accommodations and/or services on a fair, equal, and not unjustly discrimi- natory basis to all users thereof, and shall charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided that Permittee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar type of price reductions to volume purchasers. -10- • • (5) That non-compliance with paragraph 9 (4) above shall constitute a material breach thereof, and in the event of non-compliance City shall have the right to terminate this Permit and the estate hereby created without liability therefor, or at the election of City or the United States either or both said Governments shall have the right to judicially enforce provisions. (6) That Permittee agrees that he shall insert the above five provisions 9 (1) through 9 (5) in any lease agree- ment, contract, etc. , by which said Permittee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein permitted. (7) That Permittee assures that he will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Permittee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. Permittee assures that he will require that his covered suborganizations provide assurances to Permittee that they similarly will undertake affirmative action programs, and that they will require assurances from their suborganizations, as required by 14 CFR 152 , Subpart E, to the same effort. (8) That City reserves the right to further develop or improve the landing area of Redding Municipal Airport as it sees fit, regardless of the desires or view of Permittee and without interference or hindrance. (9) That City reserves the right, but shall not be obligated to Permittee, to maintain and keep in repair the landing area of Redding Municipal Airport and all publicly-owned facilities of said Airport, together with the right to direct and control all activities of Permittee in this regard. (10) That this Permit shall be subordinate to the provisions 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- 411 • (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 permitted. 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 agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the permitted premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the permitted premises. (13) That Permittee, by accepting this Permit, expressly agrees for himself, his heirs, executors, admini- strators, personal representatives, successors, and assign, that he will not erect nor permit the erection of any structure or object, nor permit the growth of any tree, on the land permitted hereunder above the mean sea level elevation of 502 feet. In the event the aforesaid covenants are breached, City reserves the right to enter upon the land permitted hereunder and to remove the offending structure or object or cut the offending tree, all of which shall be at the expense of Permittee. (14) That Permittee, by accepting this Permit, agrees for himself, his heirs, executors, administrators, personal representatives, successors, and assigns, that he will not make use of the permitted premises in any manner which might interfere with the landing and taking off of aircraft from the Redding Municipal Airport, or otherwise constitute a hazard. In the event the aforesaid covenant is breached, City reserves the right to enter upon the premises hereby permitted and cause the abatement of such interference at the expense of Permittee. (15) That it is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a) . -12- • i • 10 . City Administration. Whenever OPERATOR is required to secure approval or consent from CITY herein, CITY shall mean the Director of Airports of CITY. However, at the option of the Director of Airports or OPERATOR, and according to proper procedure, any such questions may be referred to the City Council of CITY, whose decision thereon shall be final. 11 . Premises As-Is. OPERATOR hereby certifies and agrees that he has inspected the above-described premises and accepts the same in its existing condition. OPERATOR expressly covenants and agrees that any expenses incurred in the maintenance, repair, and modification or improvements of said premises shall be the sole obligation of OPERATOR; OPERATOR further covenants and agrees to hold CITY harmless therefrom. 12 . Taxes. OPERATOR agrees to pay promptly when due any and all taxes assessed against his personal property and any possessory interest tax levied by reason of his occupancy of the demised premises. 13 . Termination. a. This Permit is subject to cancellation by either party upon giving thirty (30) days ' written notice in advance of such cancellation date. -13- • • b. Breach by OPERATOR of any of the terms, conditions, and agreements contained herein, if not corrected by OPERATOR within a reasonable time after notice by CITY to do so, shall be a basis for cancellation of this Permit. 14 . 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, addressed as follows: To CITY at 760 Parkview Avenue, Redding, California 96001 ; and to OPERATOR at 3701 Cal Ore Drive, Redding, California 96001 . 15 . CEQA. It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. CITY OF REDDING DATED: , 1988 By: K. MAURICE JOHANNESSEN, Mayor [Signatures continued on page 15] -14- ANTHONY L. FEIST, DBA AIRPORT BUS SERVICE, PERMIT FOR COMMERCIAL ACTIVITIES AT REDDING MUNICIPAL AIRPORT: 12/1/88 - 11/30/89 . DATED: 4/-70 , 1988 & _amp ANTHONY L. D IST, dba AIRPORT BUS SERVICE, Operator A'1'1 t S T: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -15-