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HomeMy WebLinkAboutReso. 1986 - 286 - Approving the temporary airport permit between the city of redding and charles a. chatin RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY iOF REDDING APPROVING THE TEMPORARY AIRPORT PERMIT BETWEEN THE CITY OF REDDING AND CHARLES A. CHATIN, dba MARLER' S DELI, AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT 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 attached Temporary Airport Permit between the City of Redding and Charles A. Chatin, dba Marler' s Deli; and 2. That 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 official seal of the City of Redding on the aforesaid Temporary Airport Permit, when appropriate. 3. That a true copy of said Temporary Airport Permit is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 20th day of October , 1986 , and was . . , . . . III • duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Johannessen, & Fulton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl & Gard ABSTAIN: COUNCIL MEMBERS: None /6LEE D. FUL ON, M.D. , Mayor City of Redding ATTEST: ' / / . ET'EL A. NICHOLS, City erk by Connie Strohmayer, Deputy FORM PROVED: L-----aeL,4e, ! RA ALL A. HAYS, it . Attorney -2- • • • TEMPORARY AIRPORT PERMIT THIS PERMIT made and entered into this PP * day of (`-ro , 1986 , by and between the CITY OF REDDING, a municipal corporation and general law city, hereinafter referred to as "City" , and CHARLES A. CHATIN, doing business as MARLER' S DELI , hereinafter referred to as "Permittee" : WITNESSET H: WHEREAS , City has a need for temporary food services facili- ties at the Redding Municipal Airport; and WHEREAS , an area is currently unoccupied which could house these facilities; and WHEREAS , negotiations have been undertaken with Permittee to occupy those spaces in order to provide food services to the public; and WHEREAS, it is believed to be in the best interests of City and the public to allow such temporary operation; NOW, THEREFORE, IT IS AGREED by and between the parties hereto that this permit shall be issued under the following conditions : 1 . Permittee shall utilize and be responsible for the Frontier Airlines area in the terminal building as depicted on Exhibit "A" attached hereto and made a part hereof, with the understanding that should the space be required for airline • • S occupancy, Permittee will relocate. 2 . Permittee shall accept said space in an "as is" condi- tion and at the end of temporary occupancy shall leave it in good and clean condition and repair. 3 . Permittee shall insure cleanliness of the area behind and in front of the counter at all times and shall assist in the cleanliness of the terminal lobby relating to litter generated by the food service operation. 4 . Signs advertising Permittee ' s food service shall be placed behind the counter only and shall be approved by the Director of Airports before placement. 5 . No modification of the existing space shall he permit- ted and no permanent trade fixtures shall be installed at this location. 6 . Permittee is hereby authorized to open and utilize the facility in the new terminal building immediately following the submittal of appropriate evidence of insurance on a month-to- month basis . It is the intent of City in issuing this temporary permit to cover the operation of Permittee at the Redding Munici- pal Airport until such time as the airport restaurant is re- opened, whereupon this permit shall be cancelled. This permit may as well , be cancelled by the City Manager if apV6t any time accounts payable to City become more than twenty (20) working days delinquent. 7 . Permittee ' s hours of operation shall be flexible based -2- 4 on airline flight schedules and airport area employee load. 8 . Permittee shall be permitted to sell deli items such as coffee , sandwiches, doughnuts , soft drinks, etc. , but shall not be permitted to sell candy bars , liquor, cigarettes , popcorn or gifts. 9 . Permittee shallP Y a rental on the occupied space in the amount of One Hundred and 00/100 Dollars ($100 . 00) per month, due and payable on the first day of each month. If_ the first month of operation is not a full month, a prorata portion of the monthly rent shall be paid . Failure to pay rent when due is a material breach of this lease agreement and grounds for cancella- tion at City ' s option. Delinquent payments will be assessed one percent (1%) of the amount in arrears per month, cumulative at an additional one percent (1%) per month, not to exceed twelve percent (12%) total. 10 . Permittee shall assume all responsibility and liability in connection with its operations under this permit and Permittee assumes and agrees to pay and hold City, its officials , agents and employees , harmless from any responsibility or lability in connection with Permittee ' s use and occupancy of these premises during the term of this permit, including damages for injuries to persons or property of persons using said premises. It is specifically understood and agreed as a condition of this permit that Permittee shall , at its own expense, obtain and keep in full force and effect public liability insurance in minimum amounts as follow: $500 , 000 . 00 single limit coverage for personal injury or -3- • • S death; $50 , 000. 00 for property damage , which insurance shall be in form and content sufficient and adequate to save City , its officers , agents and employees , harmless from any and all claims arising out of Permittee ' s operation under this permit. Said public liability insurance shall be carried with an insurance company acceptable to the City Attorney of City and shall name City, its officers , agents and employees , as additional insureds with respect to all events in connection with this agreement. Permittee shall also maintain Workmen' s Compensation insurance on all persons employed by it in its operation at the Redding Municipal Airport. Certificates evidencing all of the above shall be filed with the City Clerk and shall contain a provision obligating the insurance company to notify City in writing at least ten (10) days prior to any cancellation or reduction of such insurance. Permittee shall furnish all insurance at its own expense on its furnishings , fixtures , equipment and inventory. 11 . Permittee shall be required to post a performance bond in the amount of Three Hundred and. 00/100 ($300 . 00) prior to occupancy of the premises. 12 . Permittee shall permit City to inspect said premises and any improvements therein at all reasonable times during the term of this permit or any extension thereof. 13. Permittee shall comply with all requirements of Federal , State , County and City authorities , including, but not limited to, FAA security regulations and airport management directives , now in force or which may hereafter be in force -4- • • pertaining to said premises and the operations thereon and shall faithfully observe all applicable statutes now in force or which may hereafter be in force. 14 . 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 (3) Grant Agreements of record executed by the City of Redding in connection with Federal Aid Airport Projects . b. Permittee , for itself , its successors-in-interest 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 shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21 , Nondiscrimination -5- 411 • in Federally Assisted Programs of the Department of Transportation , and as said Regulations may be amended. c . Permittee , for itself , its successors-in-interest 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 he 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 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 and any sanctions under or termination of the permit -6- - ' . : . . . III • shall be withheld pending completion of such proce- dures . 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 , Permittee shall likewise be released by City. 15 . Breach by Permittee of any of the terms , conditions and agreements contained in this permit or any extension thereof shall , at the option of City, be a basis for an immediate cancel- lation of this permit or any extension hereof. City may, at its option, allow Permittee , following notice of default under this lease , a period of thirty (30) days to correct the noticed default. Notices hereunder shall be mailed to the respective parties as follows : To City: To Permittee : City of Redding Charles Chatin 760 Parkview Avenue Marler ' s Deli Redding , Ca. 96001 6751 Airport Road Redding, Ca. 96002 -7- . . 411 S 16 . Permittee shall pay any possessory interest tax which is levied on any of the leasehold premises by reason of its occupancy thereof. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first above written. City OF REDDING By LEE D. FULTON, M.D. , Mayor ek.a/2e-4/a' / ! CHARLES A. CHATIN, dha MARLER' S DELI ATTEST: ETHEL A. NICHOLS , City Clerk FORM APPROVED: RANDALL A. HAYS , City Attorney -8- • . , . . . • _ ..r... .. . I -111--EXH I B I T "A" . .---1 1 \ \ \\ ' • Tq i 1 i ,1 3-3 Cr) 1 i__\\1. \:..•::---:.-‘Ii....r'\.. E.• .. 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