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HomeMy WebLinkAboutReso. 1986 - 030 - Approving a further one-year permit agreement between the city of redding and rodney d thomas and marilyn k thomas • RESOLUTION NO. .G ". O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING A FURTHER ONE-YEAR PERMIT AGREEMENT BETWEEN THE CITY OF REDDING AND RODNEY D. THOMAS AND MARILYN K. THOMAS , DOING BUSINESS AS REDDING RACEWAY, FOR USE OF THE TAXIWAY LOCATED EAST OF THE RUNWAYS AT REDDING MUNICIPAL AIRPORT AS A "DRAGSTRIP, " AND AUTHORIZING THE MAYOR TO SIGN SIAME. BE IT RESOLVED by the City Council of the City of Redding as follows: II 1 . The City Council of the City of Redding hereby approves the Permit Agreement between the City of Redding and Rodney D. Thomas and Marilyn K. Thomas , doing business as Redding Raceway, for a one-year term commencing March 1 , 1986 , and terminating February 28 , 1987 , for use of the taxiway located east of the runways at Redding Municipal Airport as a "dragstrip. " �I 2 . The Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents 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 ii official seal of the City of Redding on the aforesaid documents, when appropriate. 3 . A true copy of the Permit Agreement referred oto herein is attached hereto and made a part hereof. 1 I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of C? • S the City of Redding on the 3rd day of February , 1986, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Fulton, Pugh, & Kirkpatrick NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Demsher & Gard ABSTAIN: COUNCIL MEMBERS: None g4266-4/04 11 HOWARD D. KIRKP RICK, Mayor City of Redding ATTEST: 7� ETHEL A. NICHOLS, City Clerk FORMAPPROVED: RANDALL A. HAYS, City Attorney -2- • 111 •l - . PERMIT THIS PERMIT AGREEMENT, made and entered into this 4t1-1day of _/ L _ i 1 , , 1986, by and between the CITY OF REDDING, a muni'ipal cor•oration, hereinafter referred to as "City" , and RODNEY D. THO 'S and MARILYN K. THOMAS, doing. businéss as REDDING RACEWAY, a partnership, hereinafter referred to as "Permittee" : WITNESSET H: WHEREAS, City owns and maintains the Redding Municipal Airport located in the City of Redding, County of Shasta, State of California; and II • WHEREAS, Permittee has requested permission to use a taxiway located easterly of the runways at said airport formerly used by Redding Dragstrip Association under permit from City as a "drag- strip" , together with access thereto from a City road; and WHEREAS, City has no present need for such taxiway and deems it to be in the best interest of the public to authorize the requested use thereof by Permittee, subject to the terms and conditions hereinafter set forth; NOW, THEREFORE, IT IS AGREED as follows: 1 . City hereby grants to Permittee a permit and privilege to use the taxiway located easterly of the runway at said airport and access thereto from a City road as the same is shown and designated on a map attached hereto, marked Exhibit "A'I and made a part hereof, for a period of one year, commencing March 1, 1986 and terminating February 28 , 1987, unless sooner terminated as herein provided. -1- . 1_ SII • .. • 2. Permittee shall use said taxiway for the purpose of testing performance of automobiles conducted in . accordance with the National Hot Rod Association rules and for conducting tests of automobiles, commonly referred to as "dragstrip" i�tests, and for no other purpose. 3. Permittee shall have the privilege of making such regularly conducted and supervised tests and exhibitions of such tests open to the public and may charge admission to the general public, provided, however, that Permittee shall pay to City the sum of One Hundred and 00/100 Dollars ($100. 00) for the term of II this agreement, such payment to City in consideration of this Permit to be made by March 1 , 1986. Additionally, Permittee shall pay to City six percent (6%) of the gross gate and conces- sion receipts within thirty (30) days after each sale eent. 4. Permittee may allow concessionaires to sell refresh- ments, including soft drinks, candies and foodstuffs at Redding Dragstrip Association events on these premises, but the sale of I intoxicating liquors of any kind, including beer, is prohibited and Permittee shall not allow intoxicating liquors to be sold or vended at said airport location. 5. Permittee shall be responsible . for the maintenance, repair and renewal of the taxiway to be utilized hereunder. The actual maintenance, repair work and renewal work shall be per- formed by City but City shall be reimbursed by Permittee for the actual cost of such work and maintenance . and for the cost of materials used. -2- • r Permittee shall be responsible for providing all labor and paying all costs necessary to maintain the remainder of the demised premises, including maintenance of fences, in good and clean repair and condition. If Permittee desires to place any improvements on the subject premises or to demolish and remove any existing dilapidated and substandard improvements, Permittee covenants and agrees that it will first obtain the consent, in writing, of the Director of Airports as to any such improvement, alteration or demolition. Permittee expressly agrees that it will leave the said premises at the termination of this permit in good and clean condition, including the removal of ruts, road- ways, tires, bleachers, etc. , installed by Permittee for its activities. A One Thousand Five Hundred and 00/100 Dollars II ($1,500. 00) performance bond will be established by Permittee with City to insure compliance. 6. Permittee shall not permit spectators on the west side of said taxiway, unless first approved by the Airports Manager of City. Permittee shall post appropriate signs on the west side of said taxiway to give notice to the public of said restriction. 7. Permittee shall be responsible for keeping ping said area in a clean and sanitary condition and, upon the completiion of any test or exhibition shall take immediate steps to remove all trash and litter from the area. 8 . Permittee shall be responsible for periodically inspecting the fence located on the north side of the field and east of the United States Forest Service area and shall promptly notify City of damage thereto. -3- • 9. Permittee shall keep the gate to the leased premises closed and locked at all times except when there' is an attendant at the gate and, if any damage occurs to the gate Permittee shall immediately notify the Airports Manager of City. 10. The permit and privilege herein granted is subject at any time to cancellation by City in the event: (a) The Federal Aviation Agency advises City that the continuation of the rights and privileges under this permit is hazardous to the safety of aircraft using said airport or flying in the vicinity; or (b) The United States Government elects to take over said airport as a national defense measure; or (c) The Federal Aviation Agency advises City that the automobiles or other devices used by Permittee here- under interfere with the transmission or receiving of radio signals from the T.V.O.R. facility located at said airport. In the event corrections can be made by Permittee, to elimi- nate the hazards or the interference and Permittee causes said corrections to be made within ten (10) days after receiving notice to do so from Airports Manager of City, no cancellation shall occur. 11 . Permittee shall conform to all Federal Aviation Agency and City rules and regulations now or hereafter enacted in conducting its activities at said airport. 12 . Permittee shall pay any and all possessory interest taxes levied by the Shasta County Assessor against the land and -4- • existing improvements which are now on the demised (premises or which may be located on the premises during the term of this permit or any extension thereof. 13. Permittee shall maintain and keep in full force and effect for all exhibits and tests conducted under thi's agreement public liability insurance for personal injury or property damage in the sum of One Million and 00/100 Dollars ($1, 000, 000. 00) per occurrence, which said insurance shall be obtained at Permittee ' s expense and from an insurance carrier authorized to do business in the State of California. Said insurance shall haveIa specific provision that City, its officers, agents and employees, shall be named as additional insureds under such insurance (policy and shall further contain a provision which obligates the insurance carrier to notify City in writing at least ten (10) days prior to any cancellation or reduction in the limits of such insurance. 14. This agreement shall also be subject to cancellation by the City Council of City at any time upon giving Permittee at least ninety (90) days advance notice in writing of such cancel- lation, provided, however, that in the event of the exercise of a cancellation pursuant to this paragraph, the provisions of Paragraph 10 shall no longer apply or be enforceable by City against Permittee. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF REDDING By _ E HOWARD D. KIRKPATRICK, Mayor -5- . • .• . . REDDIN`G� RACEWAY By !'��t,42 1.1 L{.01/e4 RODNEY D. rHOMAS By 4i/ . C/J1 i ) MARILYN K.J THOMAS ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney 1 -6- Cill, 5 L.) 6.- i' ,,,,!..6 . . - •y Vi45\\1/4, li V A11re.Pr.1411•-••••1\ . .; • ; ,. • • .i. .,,.. D , _. ,. , •iii[ . „. s . , . , : . • ..‹, tit • „„,--14,,, . . . , ,,...., 1,1 - 1 • ,, . - 1 .,; ko, iy, „ . ._. ., . . .. . , ___ , . . . . . . . L,_, L....5.1 i; .. 11 . ► 1' • a . . . , ( moo211H - -- W LLA = :11 i. 1, . .. .% * . ::::9.s • H Iw a v • =ECO • ` ll 'Gy a 1 1: . a s.i g . • • Z . F P1. • q .• i • e3) A. ,..‘, • % •• .•- 1-\ `i ,I �! . .z • `•- Q PO • • •i� �_ -•-- .._ . It .. —.81 i R1' N • t! 2 1 • . EXHIBIT •"A” '