HomeMy WebLinkAboutReso. 1990-503 - Approving the lease and permit for commercial activities with Redding Air Service at Redding Municipal Airport � �
RESOLUTION N0. 90 -So.�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE LEASE AND A PERMIT FOR COMMERCIAL ACTIVITIES
BETWEEN THE CITY OF REDDING AND REDDING AIR SERVICE AT
REDDING MUNICIPAL AIRPORT , AND AUTHORIZING THE MAYOR TO SIGN
BOTH AGREEbSENTS .
IT ZS HEREBY RESOLVED by the City Council of the City of
Redding as follows :
1 . That the City Council of the City of Redding hereby
aoproves the Lease and a Permit for Commercial Activities between
the City of Redding and Redding Air Service at Redding Municipal
Airport, effective August l , 1990 . A true copy of each is
attached hereto and incorporated herein by reference .
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Lease and Permit on behalL
of the City of Reddinq, 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 thereto.
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 16th day of October � 1990 , and was
duly adopted at said meeting by the following vote :
AYES: COUNCIL MEMBERS : ArneSS , Ddhl , fultOn, htoss & Buffum
NOES : COUNCIL MEMBERS : None
ABSENT : COUNCIL MEMBERS : None
ABSTAIN: COUNCIL MEMBERS : None
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i/j%/./ <� i 7 -��/(
I�ANCY Bi� UM, MayOr
City of Redding
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ATTEST: FORM PROVED: �
���'� C�72��� C
ETHEL A. NICHOLS , City Clerk RA ALL A. HAYS , City Attorney ��
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L E A S E
This Lease is made and entered into as of the lst day of
August, 1990 , by and between the CITY OF RE�DING, a Municipal
Corporation and General Law City, hereinafter referred to as
"LESSOR, " and REDDING AIR SERVICE, a California Corporation,
hereinafter referred to as "LESSEE. "
W I T N E S S E T H:
WHEREAS , LESSOR owns and maintains Reddinq Municipal Airport
(hereinafter called "Airport") located in the County of Shasta,
State of California; and
WHEREAS , LESSEE has been conducting Fixed Wing and
Helicopter Aircraft Operations at said Airport since December 31 ,
1962 ; and
WHEREAS, LESSEE desires to renew its lease of certain ground
and hangar area at said Airport, and has applied to the City
Council of LESSOR for a permit to carry on revenue-producinq
activities on said area in accordance with Section 3 . 08 . 030 of
the Reddinq Municipal Code and City Council Resolution No. 2978;
and
WPEREAS , LESSOR deems it advantageous to the City and to the
operation of said Airport to grant, demise , and lease unto LESSEE
the ground and hangar area (hereinafter called "Premises") ,
toqether with said privileqe� , rights, uses , and interest:a
therein, a� hereinafter set forth;
NOk, T[IEREFORE, IT ZS AGREED by and between the parties
hereto as follows:
1 . TERM.
For and in consideration of the terms, covenants,
conditions , and aqreements herein set forth to be kept and
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performed by LESSEE, LESSOR does hereby grant , demise, and lease
unto LESSEE , subject to all the terms , covenants, conditions , and
agreements hereinafter set forth, those certain Premises
described in Exhibit "A" and depicted in Exhibits "B-1" and "B-2"
attached hereto and incorporated herein by reference , for a
period of five (5) years commencinq Auqust 1 , 1990 , and
terminatinq July 31 , 1995 .
At the end of said term, LESSEE shall have the right of
first refusal as to any lease of said Premises neqotiated by
LESSOR with any other party . The right of first• refusal given to
LESSEE herein shall not be construed as a waiver of LESSOR' s
right to remove LESSEE for breach of any of the terms , covenants ,
conditions , and agreements contained in this Lease by LESSEE, nor
of LESSOR' s right to remove LESSEE from the Premises at the end
of the initial 5-year term of this Lease in the event LESSOR
determines to leave the Premises vacant, operate the Premises
itself, or devote the Premises to a different type of municipal
or governmental purpose.
2 , USE OF PREMISES.
(a) The Premises demised herein and any improvements
subsequently constructed thereon may be used by LESSEE
for Fixed wing and Helicopter Aircraft Operations , and
for no other purpose. Such Operations may include the
following:
(1) Operation of LESSEE' s helicopter aircraft charter
and rental service;
(2) Aircraft flyinq instructions , including that of
fliqht and ground personnel and students;
(3) Aircraft maintenance;
(4) Aircraft sales and service;
(5) Sale of aircraft parts and accessories;
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(6) Sale of pilots ' supplies , i .e. , computers , maps ,
oxygen;
(7) Parking, turning, taxiinq, loading, unloadinq,
maintaining, servicing, fueling, conditioning ,
repairing, assembling , fabricatinq, moving,
constructinq , housing, washinq, storing, and
testing of aircraft and related equipment,
mechanisms , devices , appliances , supplies , parts ,
and accessories of all kinds;
(S) Use of mobile ground vehicles and other ground
equipment used in LESSEE' s aviation operations ;
(9) Receivinq, storing, loading, unloadinq, and
delivery of passengers and personal property;
(10) Vehicular parking for LESSEE , its employees ,
quests, and invitees; and
(11) Provision of maintenance services to the aircraft
of others.
(bl The provisions of this paraqraph shall not be construed
to authorize LESSEE to conduct a separate business or
businesses at the Airport, but shall relate only to
LESSEE' s aviation operation , activities, uses , and
purposes in connection therewith, or incidental to , or
related thereto.
(c) LESSEE shall have the riqht of access to and the use of
facilities at the Airport designed for coRauon use.
3 . RENTAL; DELINQUENCY.
(a) LESSEE shall pay to LESSOR rental in the sum of Six Hundred
Forty-three Dollars IS643. 00} p,-r month, payable in advance
on the lst day of each and e•!e-;� month durinq the term of
this Lease, commencing on the lst day of Auqust, 1990 .
(b) Rental payments shall h2 eva'.::c�2d every year, cocmnencing
August 1 , 1991 , and be adjusted by the average of the United
States Bureau of Labor Statistics National Consumer Price
Index for the San Francisco-Oakland-San Jose Area for the
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previous one-year period; PROVZDED, however, that in no
event shall the minimum rental be less than 5643 . 00 per
month.
(c) All payments called for in this Lease, including the above
rent and other charges , shall be payable vithin seven (7)
days of the billinq date by LESSOR. LESSOR is entitled to
collect from LESSEE, and LESSEE agrees to pay to LESSOR,
upon invoice , those rentals , fees , and charqes set forth
herein. Any rentals , fees , and charges more than seven (7)
days past due shall be subject to a service charge of one
and one-half percent (1�8) per month, based on an annual
rate of eighteen percent (188) . Without prejudice to any
other remedy which otherwise miqht be used for non-payment
of rent, fees , and charqes , or other breach of this Lease ,
if LESSOR is required or elects to pay any sum or sums or
incurs any obliqations o= expense by reason of a failure,
neqlect, or refusal of LESSEE to perform any one or more of
the terms , conditions , and covenants of this Lease , or as
the result of any act or omisaion of LESSEE contrary to said
terms, conditions , or covenants, the sum or sums so paid by
LESSOR, including all interest, coats , damages , or
penalties, may be added, after seven (7) days ' written
notice by LESSOR to LESSEE, to any installment of rent
thereafter due hereunder, and each and every day thereafter
the same shall be and become additional rent recoverable by
LESSOR in the same manner and with like remedies as though
it were originally a pazt of the rental as set Forth
hereinabove.
4 . SECURITY RESPONSIBILITIES; FEES .
(a) LESSEE agrees to accept its security responsibilities with
reqard to access by authorized and unauthorized persons
using its facilities at all times that the vehicle gate
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located adjacent to the hanqar and/or the hanqar door are
left open. Any fines imposed upon LESSOR by the Federal
Aviation Administration Security Field Office for violation
of security caused by the actions of LESSEE or its
employees , agents , guests , and invitees shall be paid by
LESSEE .
(b) LESSEE shall pay to LESSOR its proportional share of the
total cost of Airport security, in the amount ' of Thirty and
88/100 Dollars (;30 .68) per month, payable in advance , on
the lst day of each and every month durinq the term of this
Lease , commencing on the lst day of Auqust, 1990 . Said
payments shall be evaluated every year, commencing August 1 ,
1991 , and be adjusted by the averaqe of the United States
Bureau of Labor Statistics National Consumer Price Zndex for
the San Francisco-Oakland-San Jose area Foz the previous
one-year period; PROVIDED, however, that in no event shall
the minimum payment for LESSEE' s share of the Airport
security costs be less than f30 . 89 per month. It is also
understood and agreed that this amount may also be increased
proportionally whenever there is an increase in LESSOR' s
contract with the firm providing security services.
(c) Failure by LESSEE to comply vith all of the provisions of
this paragraph shall, at the option of LESSOR, subject this
Lease to immediate termination.
5 . UTILITIES.
LESSEE shall be responsible for the prompt payment of any
utility service changes applicable to the qzound area leased to
LESSEE herein or to any improvements placed thereon; and the
fail+ire *.� pay these charges promptly ��rhen due and payable shall
expressly constitute a material breach of this Lease. Further-
more , if water, sewer, or electric utility lines are installed on
the subject property, eithez at the desire of LESSOR or as a
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requirement of any provision of law enacted either by the State
of California or the County of Shasta , such installation shall be
at the sole cost and expense of LESSEE.
6 . MAINTENANCE AND REPAIRS .
LESSEE shall, at its sole cost and expense, keep and
maintain the leased Premises and every part thereof in good and
sanitary order, condition , and repair, hereby waiving all riqht
to make repairs at the expense of LESSOR as provided in Section
1942 of the Civil Code of the State of California, and all riqht
provided for by Section 1941 of said Civil Code.
7 , ALTERATIONS AND ADDITIONS .
LESSEE shall not make any alterations to oz erect any
additional structures or improvements on the leased ground area
without the prior written consent of LESSOR. Any altezations or
additions approved by LESSOR shall be constructed at the sole
cost and expense of LESSEE , and shall remain the property of
LESSOR at the end of the leasehold term.
8 . SZGNS .
LESSEE shall be privileged to erect such siqns and
advertising media as may be required and place the same upon the
property, subject to first aecurinq the written approval of
LESSOR' s Director of Airports , who shall determine whether such
adveztising media is aesthetically harmonious with said improve-
ments and facilities at the Airport .
9 , IINLAWFUL USE.
No buildinq, structu�P , or i.mprovement of any kind shall be
erected, placed upon, operated, or maintained on the leased area,
nor shall any business or opezation be conducted or carried on
therein or thereon in violation of any ordinance, law, statute ,
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bylav, order , or rule of the governmental agencies havinq juris-
diction thereover.
10 . WASTE ; QUIET CONDUCT.
LESSEE shall not commit nor suffer to be co�itted any waste
upon said area or improvements , nor any nuisance or other act or
thing which may disturb the quiet enjoyment of the use of said
Airport or surrounding property:
11 . RULES AND REGULATIONS .
LESSEE agrees to observe and obey all rules and regulations
promulgated and enforced by LESSOR and any other appropriate
authority having jurisdiction over said Airport during the term
of this Lease . LESSOR covenants that the rules and regulations
so promulgated will apply to and be enforced uniformly by LESSOR
as to all lessees of the Airport as theiz interests and
activities are related thereto.
12 . HOLD HARMLESS ; INSURANCE .
(a) This Lease is granted upon the express condition that
LESSOR, its officers, agents , and employees, shall be free
from any and all liability and claims for damages for
personal injury, death, or property damaqe in any way
connected with LESSEE' s use of the Premises hereunder
leased, including claims of LESSEE, its officers, aqents ,
employees and cuatomers . LESSEE shall indemnify and save
harmless LESSOR, its officers , aqents, and employees , from
any and all liability, loss , cost, or obliqation on account
of or ariaing out of any such injury, death, or loss caused
by the negliqence or other legal fault of LESSEE or its
officers, aqents , employees , and customers.
(b) It is specifically understood and agreed as a condition of
this Lease that LESSEE shall procure and maintain from a ,
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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 Lease a comprehensive general
liability insurance policy for aircraft liability and
airport premises liability in an amount of ;1 ,000 , 000 . 00
combined single limits. Said insurance shall be in a form
and content sufficient and adequate to save LESSOR, its
officers , agents ; and employees, harmless from any and all
claims arising out of the use and occupancy of said
Premises . A Certificate evidencing such insurance sha11 be
approved by the Risk Manager of LESSOR and filed with him,
naminq LESSOR, its officers, agents , and employees , as
additional insureds , and guazanteeinq at least ten (101
days ' advance notice to LESSOR, in writinq, before any I
cancellation or reduction of such insurance coverage.
(c) If any buildinqs and structures are erected by liESSEE, after
first obtaining LESSOR' s written consent thereto, LESSEE
shall also secuze and maintain fire insurance on said
buildings and structures as a part of the aviation operation
created by this Lease , and insurance coverage shall be to
the full insurable value of the structures, buildings and
contents as erected and placed upon the leased area. LESSEE
further agrees that in the event of any fire or partial or
complete destruction of the structures erected by LESSEE,
any proceeds of insuzance received by LESSEE shall be
utili2ed in the replacement, reconstruction, or repair of
the damaqed or destroyed improvements.
(d) It is further understood and agreed as a condition of this
Lease that LESSEE will provide workers' compensation
insurance on its employees , and shall furnish the Risk
Manager of LESSOR with a Certificate evidencinq such
insurance . To obtain an exemption from this requirement
should LESSEE have no employees, LESSOR shall provide the
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Risk Manager of LESSOR 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 LESSEE later
become subject to the workers ' compensation provisions of
the Labor Code, it will forthwith complv with the insurance
requirements set forth above.
13 . TAXES .
LESSEE agrees to pay promptly all taxes and assessments
which shall be assessed upon any real or personal property,
including possessozy interest taxes, owned by LESSEE or in which
LESSEE has a leasehold interest to the extent of LESSEE ' s
interest therein, as such interest may appear at the time when
said taxes or assessments become due or payable under any levy or
assessment by any leqally authorized qovernmental agency.
14 . INSPECTION AND NOTICE.
Insofar as the same may be necessary for the protection of
LESSOR' s rights , LESSOR or its aqents shall, at any and all
times , have the right to go upon and inspect the ground area and
improvements hereby leased, and any and every structure or
improvement erected or constructed, or in the course of being
erected or constructed, repaired, added to, rebuilt, or restored
thereon, and also .to serve or to post and keep posted thereon, or
on any part thereof, any notices provided in Section 1183 . 1 or
any other section of the Code of Civil Procedure of the State of
California, or any other notice or notices that may be at any
time required or permitted by law.
15 . ASSIGNMENT SUBLETTING, OR OCCUPANCY.
LESSEE shall not assiqn this Lease or any interest therein,
and shall not sublet the Premises oz any part thereof, or any
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riqht or privilege appurtenant thereto, nor suffer any other
person (the agents and employees of LESSEE excepted) or entity to ,
occupy or use said Premises or any part thereof, without the
written consent of LESSOR first had and obtained. A consent by
LESSOR 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, sublettinq, occupancy, or
use by another person or entity without such vritten consent
shall be void and shall, at the option of LESSOR, terminate this
Lease. LESSOR shall not unreasonably withhold its consent to a
sublease or assignment by LESSEE.
16 . SERVICES TO THE PUBLIC.
LESSEE 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 facilities or services;
PROVIDED, however, that LESSEE shall have the privilege to refuse
service to any person or persons for just cause, but not to
discriminate by virtue of race , color, sex, or czeed.
17 . UNITED STATES OF AMERICA RESTRZCTIONS .
fa) Zt is understood and aqreed that this Lease is subject to
the covenanta, restrictions, and reservations contained in
the followinq instruments to which the United States of
America is a party, to wit:
(1) Quitclaim Deed dated June 5 , 1947 , to the City of
Redding.
( 2) Znetrument of Transfer �iated October '7 , 1947 , to the
City of Redding.
(3) Grant Agreement executed by the City of Reddinq on
December 1 , 1948 , covering Federal Aid Airport Project
No. 9-04-062-901 .
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(4 ) Grant Agreement executed by the City of Redding on
May 18 , 1949 , coverinq Federal Aid Airport Project No.
9-04-062-092 .
(5) Grant Agreement executed by the City of Redding on
July 10 , 1950 , covering Federal Air Airport Project No.
9-04-062-903 .
(b) To the extent that the United States of America may release
said property or any part thereof from any of said
covenants , restrictions , and reservations, LESSEE shall
likewise be released by LESSOR.
18 . FAA RE4UIREMENTS .
To comply with Federal Aviation Administration requirements,
LESSEE , for itself, its successors and assigns , as a part of the
consideration hereof, does hereby covenant and aqree , as a
covenant runninq with the land:
(1) That in the event facilities are constructed, main-
tained, or otherwise operated on the property described
in this Lease for a purpose for vhich a Department of
Transport program or activity is extended, or for
another purpose involving the provision of similar
services or benefita , LESSEE 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
Federallv-Assisted Proqrams 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 qrounds 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; (bl
that in the construction o£ any improvements on, over,
or under such land and the furniahinq of servicea
thereon , no pe:�cn 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 LESSEE ehall use the
Premises in compliance with all other requirements
imposed by or pursuant to Title 49 , Code of Federal
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Regulations , Department of Transportation, Subtitle A,
Office of the Secretary, Part 21 , Non-discrimination in
Federally-Assisted Proqrams 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 , LESSOR shall have the riqht to
terminate this Lease and to reenter and repossess said
land and the facilities thereon , and hold the same as
if said Lease 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 LESSEE shall furnish its accoaQnodations and/or
services on a fair, equal and not unjustly discrimi-
natory basis to all users thereof, and it shall charqe
fair, reasonable, and not unjustly discriminatory
prices for each unit or service; provided that LESSEE
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 paraqraph 19 (4) above shall
constitute a material breach thereof, and in the event
of non-compliance LESSOR shall have the right to
terminate this Lease and the estate hereby created
without liability therefor, or at the election of
LESSOR or the United States either or both said Govern-
ments shall have the right to judicially enforce
provisiona .
(6) That LESSEE aqrees that it shall insert the above five
provisions 16 (1) throuqh 18 (5) in any lease aqreement,
contract, etc. , by which said LESSEE qrants a riqht or
privilege to any person, firm, or corporation to render
accommodations and/or services to the public on the
Premises herein leased.
(7) That LESSEE assurea that it will undertake an
affirmative action proqram 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 participatinq in any employment
activities covered in 14 CFR Part 152 , Subpart E.
LESSEE assures that no person shall be excluded on
these gzounds from participating in or receivinq the
services or benefits of any program or activity covered
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by this subpart. LESSEE assures that it will require
that its covered suborganizations provide assurances to
LESSEE that they similarly will undertake affirmative
action proqrams, and that they will require assurances
from their suborganizations, as required by 14 CFR 152 ,
Subpart E, to the same effort.
(8) That LESSOR reserves the right to further develop or
improve the landing area of Redding Municipal Airport
as it sees fit, regardless of the desirea or views of
LESSEE and without interference or hindrance.
(9) That LESSOR reserves the right, but shall not be
obligated to LESSEE, to maintain and keep in repair the
landinq area of Redding Municipal Airport and all
publicly-owned facilities of said Airport, toqether
with the right to direct and control all activities of
LESSEE in this regard.
( 10) That this Lease shall be subordinate to the provisions
and requirements of any existing or future agreement
between LESSOR and the United States relative to the
development , operation, or maintenance of• the Redding
Municipal Airport.
(11) That there is hereby reserved to LESSOR, 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
leased. This public right-of-fliqht ahall 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 LESSEE agrees to comply with the notification and
review requirements covered in Part 77 of the Federal
Aviation Requlations in the event future construction
of a buildinq is planned for the leased Premiaes , or in
the event of any planned modification or alteration of
any present or future buildinq or structure situated on
the leased Premises .
(13) That LESSEE , by accepting this Lease, expressly agrees
for itaelf, its success�:rs and assigns, that it will
not erect nor permit the erection of any structuze or
object, nor permit the qrowth of any tree , on the land
leased hereunder above the mean sea-level elevation of
502 feet. In the event the aforesaid covenants are
breached, LESSOR reserves the right to enter upon the
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land leased hezeunder and to remove the offending
structure or object and cut the offendinq tree, all of
which shall be at the expense of LESSEE .
(14) That LESSEE, by accepting this Lease, agrees for
itself, its successore and assiqns , that it will not
make use of the leased Premises in any manner which
might interfere with the landing and taking off of
aizcraft from the Redding Municipal Airport, or other-
wise constitute a hazard. In the event the aforesaid
covenant is breached, LESSOR reserves the right to
enter upon the Premises hereby leased and cause the
abatement of such interference at the expense of
LESSEE.
(15) That it is understood and aqreed that nothing herein
contained shall be construed to qrant or suthorize the
qrantinq of an exclusive right within the meaning of
Section 308a of the Federal Aviation Act of 1958 (49
U.S.C. 1349a) .
19 . REVOCATION OF LEASE, PERMIT, LICENSE, OR AGREEMENT.
LESSOR shall have the right to terminate any l�ase, permit,
license, or agreement ( includinq that of LESSEE herein) coverinq
a commercial or noncommercial operation, and to revoke a lease ,
permit, license , or aqreement on any land or facility at the
Airport (including that of LESSEE herein) for any cause or reason
provided by these standards, by the lease , permit, license , or
agzeement itself, or by law, or upon the happeninq of one or more
of the following:
a. Filinq a petition of voluntary or involuntary bank-
ruptcy by the lessee , permittee, licensee, or operator.
b. The makinq by the lessee , permittee, licensee, or
operator of any general assignment for the benefit of
creditors.
c . The abandonment or discor.��:.:uance of any operation at
the Airport by a commercial operator; or the failuze to
conduct any service , operation, or activity which the
lessee, permittee, licen�ee , or operator has agreed to
provide under the terms of its contract with the City
of Reddinq. If this condition exists for a period of
ten (10) days without the prior written consent of the
City of Reddinq, it will constitute an abandonment of
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the land or facilities, and the lease, permit, license ,
and/or agreement shall become null and void.
d. The failure of a lessee , permittee, licensee , or
operator to pay promptly when due all rents, charges ,
fees , or other payments owed to the City of Redding in
accordance with its contract with the City.
e. The failuze of the lessee , permittee, licensee, or
operator to remedy any default, breach, or violation of
the Airport Rules and Requlations by it .or its
employees within thirty (30) days aftez notice from the
City of Redding.
f. Violation of any of these standards, rules , and
requlations , or failure to maintain current licenses
required for the operations permitted under its lease,
permit, license , and/or agreement with the City of
Redding.
g. Intentionally supplyinq the City of Reddinq with false
or misleading information or misrepresenting any
material fact on the application or documents , or in
statementa to or before the City, oz intentionally
failinq to make full disclosure on a financial state-
ment, or other required documents .
h. The failure of the licensee, permittee, licensee , or
operatoz to perform any proviaion or covenant within
its contract with the City of Redding.
20 . BREACH.
Upon written notice from LESSOR to LESSEE that LESSEE is
coimnitting a material breach of any term, covenant, condition, or
agreement of this Lease, LESSEE shall forthwith cure such breach.
In the event LESSEE has not cured such breach within thirty (30)
days followinq the mailing of such written notice to LESSEE by
LESSOR, LESSOR shall have the right to enter and take over the
demised Premises and exclu3e LESSEE therefrom. Thia right shall
be in addition to any and all other riqhts possessed by LESSOR
under the laws of the State of California relating to landlord
and tenant.
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zi , wAivsx.
No delay or failure by any party to exerciae any riqht,
power , or remedy with regard to any breach or default by such
partv under this Lease , or to insist upon strict performance of
any of the provisions hereof, shall impair any riqht, power , or
remedy of such party, and shall not be construed to be a waiver
of any breach or default of the same or any other provision of
this Lease. The waiver by LESSOR of any breach •oz default of any
term, covenant, or condition herein contained shall not be deemed
to be a waiver of such term, covenant, or condition, or any
subsequent breach of the same , or any other term, covenant, or
condition herein contained.
22 . DEFAULT.
If LESSEE shall be in arrears in the payment of rent for
thirty (30) days or more , or if the transfez or assiqnment,
voluntarily or involuntarily , of this Lease or any interest
therein is attempted, except as herein provided, or if LESSEE
violates or neglects or fails to keep, observe , and perform any
of the covenants , promises, or conditions herein contained which
are on its part to be kept, observed, and performed, LESSOR may,
at its election, qive LESSEE written notice of such default. If
such default shall continue for sixty (60) days , and LESSEE has
failed to commence qood faith efforts to cure such default within
said period, LESSOR shall have the riqht at any time thereafter
and vhile such neqlect or default continues to enter into or upon
said Premisea, or any part thereof, and repossess the same,
including all buildinqs and improvements thereon, and expel
LESSEE and those claiminq under LESSEE, and remove their effects,
without prejudice to any remedies which miqht otherwise be
invoked by LESSOR.
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23 . EMINENT DOMAIN.
In the event the entire Premises shall be appropriated or
taken under the power of eminent domain by any public or quasi-
public authority, this Lease shall terminate and expire as of the
date of such takinq, and LESSEE shall thereupon be released from
any liability thereafter accruinq hereunder.
Zn the event a portion of the Premises is taken under the
pover of eminent domain by any public' or quasi-public authority,
such that the improvements thereon cannot, in LESSEE' s opinion,
be used for its intended purposes, LESSEE shall have the riqht to
terminate this Lease as of the date LESSEE is required to vacate
a portion of the Premises , upon the giving of notice in writing
of such election within thirty ( 30) days after said Premises have
been so appropriated or taken. In the event of such termination,
both LESSOR and LESSEE shall thereupon be released from any
liability thereafter accruing hereunder. LESSOR aq=ees , immedi-
ately after learning of any appropriation or taking, to give
LESSEE notice thereof in writinq.
If the Premises are taken, or LESSEE elects to terminate
upon a partial takinq, LESSOR agrees to offer to lease to LESSEE
similar apace on similar terms for a term equal to the remaining
term hereunder, if any such land is available for lease at the
Airport.
If this Lease is terminated in either maaner hereinabove
provided, LESSOR shall be entitled to the entire award or compen-
sation for the land in such proceedings, but the rent and other
charges for the last month of LESSEE' s occupancy shall be
prorated and LESSOR agrees to refund to LESSEE any unused portion
of said rent or other charges paid in advance. LESSEE' s riqht to
receive compensation or dama�es for +_ts improvements , fixtures ,
personal property, and for the moving or relocation expenses
shall not be affected in any manner hereby, and LESSEE reserves
the right to bring an action for such compensation or damaqes ,
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including loss of business , leasehold interest, and other
reasonable damages .
24 . SANRRUPTCY OR INSOLVENCY .
If LESSEE shall be adjudged bankrupt, either by voluntary or
involuntary proceedings , or should be the subject of any
proceedings to stay the enforcement of obliqations against it in
the form of reorganization or otherwise under and pursuant to any
existing or future laws of the Congress of the Onited States , or
if LESSEE shall discontinue business or fail in business , or
abandon or vacate said real property, or make an assignment for
the benefit of creditors, or if said real property should come
into possession and control of any trustee in bankruptcy, or if
anv receiver should be appointed in any action or proceedinq with
power to take charge , possession, control, or care of said
property, LESSOR shall have the option to forthwith terminate
this Lease, and reenter the property and take possession thereof.
In no event shall this Lease be deemed an asset of LESSEE after
adjudication in bankruptcy.
25 . SURRENDER.
At the termination of this Lease by lapse of time or other-
wise , LESSEE shall surrender possession of the Premises to
LESSOR; deliver all keys to the Premises and all locks therein to
LESSOR; make known to LESSOR the combination of any combination
locks in or on the Premises; and return the Premises and all
equipment and fixtures of LESSOR therein to LESSOR in broom-clean
condition and in as qood a condition as when LESSEE originally
took posaession, ordinary wear and tear excepted, failinq which
LESSOR may restore the Premises and such equipment and fixtures
to such condition and LESSEE shall pay the cost thereof to LESSOR
on demand.
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26 . ADMZNZSTRATZON BY LESSOR.
whenever LESSEE is required to secure the approval or
consent of LESSOR under this Lease , "LESSOR" shall mean the
Director of Airports of the City of Redding. However, at the
option of the Director of Airports of LESSOR, or the LESSEE, any
such questions may be referred to the City Council of the City of
Redding, whose decision thereon shall be final .
27 . ENTIRE AGREEMENT.
This Lease sets forth the entire aqreement between the
parties hereto. Modifications or additions to this Lease shall
be considered valid only when mutually agreed upon by the parties
in rrriting.
28 . INVALZD PROVISIONS .
In the event any covenant, condition, or pro'vision herein
contained is held invalid by any Court of competent jurisdiction,
the invalidity of the same shall in no way affect any other
covenant, condition, or provision herein contained, provided that
the validity of any such covenant, condition, oz provision does
not materially prejudice either LESSOR or LESSEE in their
respective rights and obligations contained in the valid
covenants , conditions , and provisions of this Lease.
Z9 , 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 qiven when made
in writing , enclosed in a sealed envelope , and deposited in the
United States Post Office with postaqe prepaid, certified mail,
addressed as follows: To LESSOR c/o Director of Airports, City
Hall, 760 Parkview Avenue , Redding, California 96001-3396 ; and to
LESSEE at 6831 Airway Drive , Redding , California 96002 .
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30 . ATTORNEY ' S FEES.
Zn case suit or action is instituted to enforce any of the
provisions of this Lease, the prevailing party therein shall be
entitled to attorney' s fees and other sums as may be adjudqed
reasonable and necessary at trial and on appeal .
31 . BINDING ON SUCCESSORS.
The provisions and conditions of this Lease shall be binding
upon and inure to the benefit of the successozs and assigns of
the parties hereto.
32 . TIME OF ESSENCE.
Time is of the essence o,f this Lease and of each and every
provision thereof.
33 . CEQA.
It has been determined that this matter is categorically
exempt fzom the provisions of the California Environmental
Quality Act.
IN WZTNESS WftEREOF, the parties hereto have executed this
Lease in the presence of their respective officers duly
authorized in that behalf on the day and year set forth below.
CITY OF REDDING
Date : , 1990 By:
NANCY BUFFUM, Mayor
[siqnatures continued on page 21]
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Lease between City of Redding and Redding Air Service , effective
August 1 , 1990 .
Signatures , continued:
REDDING AIR SERVICE
�
Date : , 1990 By: U/1
. BURT TRAIN
By: �/J�� /�' _ �./l�I�
MARTHA A. TRAIN
ATTEST:
ETHEL A. NICHOLS , City Clerk
FORI+! APPROVED:
RANDALL A. HAYS , City Attorney
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PERMIT FOR COMMERCIAL ACTIVITIES
REDDING AIR SERVICE
Effective August 1 , 1990
WHEREAS , the CITY OF REDDING, a Municipal Corporation and
General Law City, hereinafter referred to as "CZTY, " owns and
maintains Reddinq Municipal Airport, hereinafter referred to as
"Airport , " situate in Shasta County, California; and
WHEREAS , REDDING AIR SERVZCE has entered into a Lease with
CITY effective August 1 , 1990 , hereinafter referred to as
"Lease , " coverinq certain ground and hangar area at said Airport ,
hereinafter referred to as "Premises" ; and
WHEREAS , said Premises are more particularly described in
Exhibit "A" and shown on Exhibit "B" attached hereto' and incorpo-
rated herein by reference; and
WHEREAS , in conjunction with said Lease, REDDING AIR
SERVICE, hereinafter referred to as "OPERATOR, " wishes to carry
on revenue-producing commercial activities at said Airport,
hereinafter described, under approval from the CITY in accordance
with Section 3 . 08 .030 of the Redding Municipal Code and
Resolution Nos . 2976 and 4162 ; and
WHEREAS , OPERATOR has now applied for a Permit; and
WHEREAS , City Councii has determined that these commercial
activities are compatible with said Airport, and that the best
interests of the public and the CITY will be served by approval
of this Permit;
NOW, THEREFORE, CITY hereby qrants to OPERATOR a Permit,
license , and privilege to conduct and carry on from the Premises
at said Airport the hereinafter-described revenue-producing
commercial activities for a period of five (5) years, commencing
August 1 , 1990 , and terminatinq July 31 , 1995 .
. � �
This Permit is subject to the following terms and
conditions :
1 . COMMERCIAL ACTZVZTIES .
(a) The Premises demised herein and any improvements
subsequently constructed thereon may be used by LESSEE for
Fixed �Wing and Helicopter Aircraft Operations , and for no
other purpose. Such Operations may include the following:
( 1) Operation of LESSEE' s helicopter aircraft charter and
rental service;
(2) Aircraft flying instructions, includinq that of flight
and qround personnel and students ;
( 3) Aircraft maintenance;
(4) Aircraft sales and service;
( 5) Sale of aircraft parts and accessories;
(6) Sale of pilots ' supplies, i.e. , computers , maps ,
oxygen;
(7) Parkinq, turning, taxiinq, loading, unloading,
maintaininq , servicing, fueling, conditioning,
repairing, assembling, fabricatinq, moving, con-
structing, housing , washinq, storing, and testinq of
aircraft and related equipment, mechanisms , devices,
appliances, supplies, parts, and accessories of all
kinds;
(S) Use of mobile qround vehicles and other qround equip-
ment used in LESSEE' s aviation operations;
(9) Receiving, storinq , loading , unloading , and delivery of
passenqers and personal property;
(10) Vehicular parking for LESSEE , its employees , guests,
and invitees; and
(11) Provision of maintenance services to the aircraft of
others.
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(b) The provisions of this paragraph shall not be construed to
authorize LESSEE to conduct a separate business or
businesses at the Airport, but shall relate only to LESSEE' s
aviation operation , activities , uses, and purposes in
connection therewith, or incidental to , or related thereto.
(c) 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 LESSOR.
2 . RZGHT OF ACCESS .
For all purposes contemplated by this Permit, oPERATOR shall
have the right of access to and the use of facilities at the
Airpozt designed for common use.
3 . IISE OF AIRPORT.
CITY licenses OPERATOR to (a) use, in coc�on with others
authozized so to do, all runways, taxiways , and aprons which are
or may hereaftez be provided at said 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 services as
outlined in paragraph 1 (a) of this Permit; and CITY will grant to
OPERATOR, without charge, all riqhts reasonably necessary for
such uses .
4 . AIRPORT FACILITIES .
Nothing herein contained shall be construed as entitlinq
oPERATOR to the exclusive use of any services, facilities , or
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property riqhts at said Airport, except those facilities
described in Exhibit "A" attached hereto.
5 . SERVICE TO THE PUBLIC.
OPERATOR shall make its services available to the public
without unjust discrimination, and shall refrain from imposing or
lew ing excessive, discriminatory, or otherwise unreasonable
charqes or fees for any use of its services; provided, however,
that OPERATOR shall have the privilege of refusinq service to any
person or persons for just cause, without diacrimination by
virtue of race, color, creed, oz sex.
6. SECURZTY RESPONSIBILITIES.
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 Premises is left open.
7 . WASTE; QUIET CONDUCT.
OPERATOR shall not commit or suffer to be committed any
waste upon the Premises, nor any nuisance or other act or thing
which may disturb the quiet enjoyment of any other occupant or
use of CITY ' s adjoining property.
8 . MECHANICS' LZENS .
OPERATOR shall keep the Premises and the property on which
the Premises are eituated free from an� liens arising out of any
work performed, material furnished, or obliqations incurred by
OPERATOR.
9 . RULES AND REGULATIONS.
OPERATOR covenants and aqrees to comply with all statutes,
laws , ordinances, regulations, orders, judqments, decrees,
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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 .
10 . RESTRZCTION 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 riqht, upon notice, to an equitable reduction in the services
and facilities to be afforded hereunder, or the fee due by
OPERATOR to CITY under the Lease , from the time of such notice
until such restriction has been remedied and normal operations
restored.
11 . MAINTENANCE AND OPERATZON OF AIRPORT.
CITY will properly maintain and opezate the Airport for the
safe , convenient, and proper use thereof by OPERATOR, and in
accordance with all FAA rules and regulations .
12 . CITY ADMINISTRATION.
Whenever OPERATOR is required to secure the approval or
consent from CITY herein, CZTY shall mean the Director of
Airports of CZTY. 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 CZTY, whose
decision thereon shall be final .
13 . 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 Premises .
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14 , INSURANCE.
a . This Permit is granted upon the express condition that
CITY, its officers, aqents , 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.
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 a11 times durinq
the term of this Permit, comprehensive general
liability insurance policy for aircraft liability and
airport Premises liability in an amount of
;1 ,000 ,000 .00 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 to notify
CZTY in writing at least ten ( 10) days prior to any
cancellation or reduction of such insurance . A Certi-
ficate of Insurance evidencing such coverage and notice
requirement shall be approved by the Risk Manaqer of
CITY, and filed with the Risk Manager of CITY prior to
the commencement of this Permit.
c . Zt is further understood and agreed as a condition of
thia Permit that OPERATOR will provide workers ' compen-
sation insurance on its employees , and furnish the Risk
Manager of CITY with a Certificate evidencing such
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insurance , approved by said Risk Manager. Said Certi-
ficate 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 ahould 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.
15 . SIGNS.
The size and location of signs advertisinq the activities of
OPERATOR shall be subject to the prior written approval and
control of CZTY.
16 . 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 riqht at any time
during the term hereof to remove any or all of its property,
subject to OPERATOR' s obligation to repair all damaqe , if any,
resultinq 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.
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17 . RIGHT TO ENTER AND MAAE REPAIRS.
CITY and its authorized officers , aqents , employees ,
contractors , subcontractors , and other representatives shall have
the right to enter on and 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 buainess hours (or at any time
in case of emergency) to determine whether OPERATOR has
complied with and is complyinq with the terms and
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 refezence 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.
18 . ASSIGNMENT OR SUBLETTING.
OPERATOR shall not assign this Permit or any interest
therein, and shall not sublet the Premises or any part thereof,
or any right or. privilege appurtenant thereto, nor suffer any
other person (aqents and employees of CITY excepted) to occupy or
use the Premises or any portion thereof without the written
consent of CITY first had and obtained. A consent by CITY to one
assignment, sublettinq, occupancy, or use by another party shall
not be deemed to be a consent to any subsequent assignment,
sublettinq, 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,
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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 aqrees that it will not arbitrarily or
capriciously withhold its consent required hereunder.
19 . BANRRUPTCY AND INSOLVENCY .
If OPERATOR shall be adjudged bankrupt, either by voluntary
or involuntary proceedinqs , or if OPERATOR shall be the subject
of any proceeding to stay the enforcement of obliqations against
it in the form of reorganization or otherwise under and pursuant
to any existing or future laws of the Congress of the ilnited
States , or if OPERATOR shall discontinue business or fail in
business, or abandon or vacate said Premises, or make an assign-
ment for the benefit of czeditors, or if said Premises should
come into possession and control of any trustee in bankruptcy, or
if any receiver should be appointed in any action or proceeding
with power to take charqe, possession, control, or care of said
Premises, CZTY ahall 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.
20 . UNITED STATES OF AMERICA RESTRICTIONS .
(a) Zt is understood and agreed that this Permit is subject to
the covenants, restrictions and reservations contained in
the following instruments to which the United States of
America is a party, to wit:
(1) Quitclaim Deed dated June 6 , 1947 , to the City of
Redding.
(2) Instrument of Transfer dated October 7 , 1947 , to the
City of Redding.
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( 3) Grant Agreement executed by the City of Redding on
December 1 , 1948 , coverinq Federal Aid Airport Project
No. 9-04-062-901 .
( 4) Grant Agreement executed by the City of Redding on
May 18 , 1949 , covering Federal Aid Airport Project No.
9-04-062-092 .
(5) Grant Agreement executed .by the City of Redding on
July 10 , 1950 , covering Federal Aid Airport Project No.
9-04-062-903 .
(b) To the extent that the United States of America may release
said property or any part thereof from any of said
covenants , restrictions, and reservations , OPERATOR shall
likewise be released by CITY .
21 . FAA REQUIREMENTS .
To comply with Federal Aviation Administration requirements ,
Permittee , for itself , its successors and assigns , as a part of
the consideration hereof , does hereby covenant and aqree , 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
Department of Transport program or activity is
extended, or for another purpose involving the
proviaion of similar aervices or benefits, Permittee
shall maintain and operate such facilities and services
in compliance with all other requizements imposed
pureuant to Title 49 , Code of Federal Requlations , DOT,
Subtitle A, Office of the Secretary, Part 21 , Nondis-
crimination in Federally-Assisted Programs of the
Department of Transportation--Effectuation of Title VZ
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of the Civil Rights Ac.t of 1964 , and as said Regu-
lations may be amended.
(2) That (a) no pereon 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 zequirements
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 Requlations 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 .
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(4) That Permittee shall fur.nish its acco�odations and/or
services on a fair, equal and not unjustly discrimi-
natory basis to all users thereof, and it shall charqe
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.
(5) That non-compliance with paraqraph 21 (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 it shall insert the above
five provisions 21 (1) throuqh 21 (5) in any lease
agreement, contract , etc. , by which said Pezmittee
grants a right or privilege to any person, firm or
corporation to render accommodations and/or services to
the public on the premises herein leased.
(7) That Permittee assures that it 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 participatinq in any employment
activities covered in 14 CFR Part 152, Subpart E.
Permittee assures that no person shall be excluded on
these qrounds from participating in or receiving the
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services or benefits of .any program or activity covered
by this subpart. Permittee assures that it will
require that its covered suborganizations provide
assurances to Permittee that they similarly will
undertake affirmative action proqrams, 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 oz
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
obliqated to Permittee, to maintain and keep in repair
the landing area of Reddinq 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 aqreement
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 assiqns , for the use and benefit of the public, a
right of flight for the passaqe of aircraft in the
airspace above the surface of the premises herein
leased. This public riqht of flight shall include the
right to cause in said airspace any noise inherent in
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the operation of any aircraft used for naviqation or
flight through said airspace or landinq at, taking off
from, or operation on the Reddinq Municipal Airport.
(12) That Permittee agrees to comply with the notification
and review requirements covered in Part 77 of the
Federal Aviation Requlations in the event future
construction of a building is planned for the leased
pzemises , or in the event of any planned modification
or alteration of any present or future building or
structure situated on the leased premises .
( 13) That Permittee , by accepting this Permit, expressly
aqrees for itself, its successors and assiqns, that it
will not erect nor permit the erection of any structure
or object, nor permit the growth of any tree , on the
land leased hereunder above the mean sea level
elevation of 502 feet. In the event the aforesaid
covenants are breached, City reserves the riqht to
enter upon the land leased hereunder and to remove the
offendinq structure or object and cut the offending
tree , all of which shall be at the expense of
Permittee.
(14) That Permittee, by acceptinq this Permit, agrees for
itself, its successors and assiqns, that it will not
make use of the leased premises in any manner which
might interfere with the landinq and taking off of
aircraft from the Redding Municipal Airport, or other-
wise constitute a hazard. In the event the aforesaid
covenant ia breached, City reserves the right to enter
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upon the premises hereby. leased 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
grantinq of an exclusive right within the meaning of
Section 308a of the Federal Aviation Act of 1958 (49
U. S .C. 1349a) .
22 , REVOCATION OF LEASE, PERMIT, LICENSE, OR AGREEMENT .
CITY shall have the right to terminate any lease, permit,
license, or agreement (includinq that of OPERATOR herein)
covering a commercial or noncommercial opezation, and to zevoke 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 aqreement itself, or by law, or upon the happening of
one or more of the following:
a. Filinq a petition of voluntary or involuntary bank-
ruptcy by the lessee , permittee, licensee , or operator.
b. The makinq by the lessee, permittee , licensee , or
operator of any qeneral assiqnment for the benefit of
creditors.
c. The abandonment or discontinuance of any operation at
the Airport by a commercial operator; or the failure to
conduct any service, operation , or activity which the
lessee , permittee , licensee . or operator has agreed to
provide under the terms of his contract with the City
of Reddinq. If this condition exists for a period of
ten (10) days without prior written consent of the City
of Redding, it will constitute an abandonment of the
land or facilities and the lease , permit, license,
and/or aqreement shall become null and void.
d. The failure of a lessee, permittee , licensee , or
opezator to pay promptly when due all rents , charges ,
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fees , or other payments .owed to the City of Redding in
accordance with his contract with the City.
e . The failure of the lessee , permittee , licensee , or
operator to remedy any default, breach, or violation of
the Airport Rules and Regulations by him or his
employees within thirty ( 30) days after notice from the
City of Redding.
f . Violation of any of these standards and rules and
regulations , or failure to maintain current licenses
required for the operations permitted under his or her
lease, permit, license, and/or agreement with the City
of Redding.
g. Intentionally supplying the City of Redding with false
or misleadinq infozmation or misrepresentinq ' any
material fact on the application or documents , or in
statements to or before the City, or intentionally
failing to make full disclosure on a financial state-
ment , or other required documents .
h. The failure of the licensee , permittee, licensee, or
operator to perform any provision or covenant within
his contract with the City of Redding.
23. NOTICE .
Any notices or demands that may be qiven by either party
hezeunder, includinq notice of default and notice of termination,
shall be deemed to have been fully and properly given when made
in �+riting, enclosed in a sealed envelope, and deposited in the
United States Post Office , certified mail, postaqe prepaid,
addressed as follows : To CITY c/o Director of Airports ,
760 Parkview Avenue , Redding , California 96001-3396 ; and to
OPERATOR at 6631 Airway Drive , Redding, California 96002 .
24 . CEQA.
It has been determined that this matter is categorically
exempt from the provisions of the California Environmental
4uality Act.
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25 . ENTIRE AGREEMENT.
This Permit sets forth the entire agreement between the
parties hereto. Modifications or additions to this Permit shall
be considered valid only when mutually agreed upon by the parties
in writing .
26 . SUCCESSORS AND ASSIGNS .
All covenants , stipulations, and aqreements in this Permit
shall extend to and bind the legal representatives, successors,
and assigns of the respective parties hereto.
IN WITNESS WHEREOF , the parties hereto have executed this
Permit on the day and year set forth below, in the presence of
their respective officers duly authorized in that behalf.
CITY OF REDDING
DATED: , 1990 BY �
NANCY BUFFUM, Mayor
REDDING AIR SERVZCE
DATED: , 1990 BY�
S�lG C. ..
���B�URT .T�Rf�.IN /�
///�{A Y/ // I.C� � t7`��L
By' ��r
MARTHA A. TRAIN
ATTEST: FORM APPROVED:
ETHEL A. NZCHOLS , City Clerk RANDALL A. HAYS , City Attorney
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