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HomeMy WebLinkAboutContracts & Agreements_16-19644ATION FEDERAL AVIATION AGENCY WESTERN REGION District Airport Engineer ��STares o4 �`5885 West Imperial Highway Los Angeles, California 90045 ORchard 2-5041 Ext. 775 & 776 IN REPLY REFER M September 10, 1964 Mr. John H. Wagner Administrative Assistant City of Redlands Redlands, California Dear Mr. Wagner: This is in reference to the proposed Field Use and Management Agree- ments between the City of Redlands and Redlands Flight. Line at the Redlands Municipal Airport. Our review of the above agreements indicates that they are satis- factory from the standpoint of conformance to the terms and con- ditions of the Grant Agreement for the above airport. Kindly provide two executed copies of each agreement for our records. Sincerely yours, K. K. Kellne District Airport Engineer OF MADDS s°`l NICIPAL AIRPORT 1100 This grosmont, anta=4 into beween the City of Redlands, a municipal co::poratiow hereinafter referred to as the City, and Redlands Plight Line, a corporation, he eina�.-+.er referred to as the Operator. UhMeas, the City desires to provide an efficient ai i'yort Ubich will serve as an attractive gateway to the City oz Redlands, and which will impxcss the users that the City of Redlands is an industrious, competent, responsible and desirable community, and Wheraa s, 'Wrata_: is the owner in fee ,igple of certain lands and buildings described. in Exhibit A, attached hef.eto, adjacent to the Redl a€3dS Aknicipal Airport, . and bareas, tho City ours the land within the airport as set fort: in the Airport Mastar Plan, reference to which is mach for further particulars, and veer eas, it is the MY ° s intention to establish an air - Port ZOAng Ordinance regulating and restricting the height of structures and Abjecto of natuzal growth, and otheywjse regulat3, the use bf PrOPO 'tY in the vicinity of Redlands WMApal Airport, and Whareas, the City intends to request the County of San Bernardino to establish similar airport zoning regulations covering the area under. County jurisdiction -v:'S?ich is in the vicinity of the Redland , imunicipal Airport# and 11h0 eas, the Operator desires to usd its own land and other land that may be her, after Ma Jec? Or purchasad, a, a fixed base operator at said airport, now, therefore, F TArq b Qre Mgn ;, . (a) in consideration of the covenants and conditions hereinafter set forth, the MY grants to the Operator a right to conduct non- oxcinsive fix8d Haase operations on land adjacent to the, 8 /1 l /64 RE-'dlc nds MUY'7?.0 pal Airport'. including nonnaexci msi ve ingress and a9zess rights to the airport and the use of ail public runways, t a, ways and ramps, in common with others. TWO ;Meld Use Qrsenent stall commence on oCtober 18 1964, and expire twenty (10) mrs from said date. 11 Note-lwxc .us: ire _G a d . The use herein granted is for a fixed base operation by W Operator and includes the foll awing nou-ez_:c1 univa rights to the onerators (a) Sales of nev and used aircraft, aircraft parts yetail and wholesale, radio and electronic equipment, navigational and airman supplies and accessories. (b) Flight operations, incildi.ng demonstrations of air- craft craft fer sale, charter (with or without pi:! ot) , flight -training Qprimary and advanced) and air taxi (scheduled and unscheduled) . (c) Maintenance, repair and overhaul of all types of aircraft, engines, instrumapts, radio and electronics gear. W) line Zerv€ce, including WINS, S, lubri c s tidn and other servicing of any transient aircraft including military into - plane contracts and airline far those carriers which deAre such Zervices a right to lead and unload Paosen gees and cargo and to transport passengers from tranijent a rcref L parking arena to the torn nal W other areas of the airport. W Sales of automotive fum, lubricants and ac:ceza - orics tO ramp Vehicles such as togs, tracUr s, Motorized ramps, baggage handling equipment, ground power units, space heater s, eta.: A right to make repai.,re on ground service equipmen t . M Motel, restaurant, cocktail lounge, a4d related s"e6.ail sales, including vending machnes. Pr io to issuance of a IWOr 10=0 a separate fee schedule will be xteE,?CtAted by the Operator with city € n r'ale Of -alcoholic bevezages, 'The negotiation will cover the fee schedules for the period of the siNth through the tenth year of the Agreeltont, and. the p000d eleventh ytiar through the omd of the Agreement. A We schedule other than that specified in paragraph 1T of 7".;;'?' s Qr"O'w:L?ent will not be required gor gale of alcoholic bavezages for the first five years. -2.. 8 /3 1/6' (g) 8'Gi'Jing disabled ai cragt, (h) Winaacing and ?nsnr ing aircrakt (j) !.st3c'3ding and ui'Si o t ing aircraft in r.{`'l;y" lawful activ.i.ty. (j) Service charges ---a right to assess reasondble charges and fees to customers for a 3 i theze services. (k) Fueling aircraft of operator, Operator's cuotarnacs and transients and to provide into -plans fueling to airlines and miliatry Wich desire such services. he Operator shad have thG right to sai ect its own fuel sure p.i ies (i) hetivitles other then those specifically stated in paragraphs (a) 1e". ru (k) Section 11, herein, will not be Con- ducted ducted or serviced by the Operator without written approval by the City. 111 Federal �hva.ation Rgencv Revu a�.�.ms yk__'t`a. it is mutwt iiy understood and agreed by the Operator and the City that the City of Realands, in accepting Femoral Aid :nor the development of the Redlands Municipal Airport, agreed in writing to VZA Rex ul.atiOns caacerning any agreements, contracts, .eases, or other y iv'i egos [ iven in connection with the Airport These FAA Regulations require: (a) That, directly, on indirectly, exclusive rights W71 3. net be granted for the conduct of aeronautical activities an the Airport. Rgay AVhts grantee? for the conduct of aezonautical activities most be held "in common with others" and cannot be anclusive. Aeronautical activity is defined as any activity which involves and mAkes pos sibl o or is required for the operation of aircraft or which contributes to or is required for the safety of such operatianr This includes charter operations, P? ?.`fit. t!'c"iin i ng, u i :t:craft rental and sight.,.seeing, zerial photography, 61op ducting, air carrier 1 st-1-,..l s and services, sale of aviation P000101 IR products, s, repair and maintenance of aircraft, pa tz, and other similar ar activities. (b) That rights or privileges will not be granted which CvC7i3 d Gperato to provent any person, firm or corporation operating aircraft on th- Purport from performing any services o_7 its o%W?n _3_ 8/11./64 aircraft (may WsACh I to 0:1-1-1 Q,-IPIOYOW AnC'I4.'€&MY but not limited to, maintenance and repair) that it may choose to r3rfarm. (c) That Operator agree to furnish all fixed base operations .5c^rvice can a fair, equal, and not uaiusny discr3.mina to' y basis to all Lasers thereof. Q That t& Operator agree to charge fair, raasonable, and no..; unjustly disc: imina$.ozy prices for each unit or sarvice: M't3V7-C_N, that the Operator may be a llo god to m aho reasonable and non-discriminatory discounts, rebates, or other Ami?ar types of price reductions to volume purchavo s . (a), That the Operator agree not to discriminate against any person or claso df persons by reason of race, color, creed or national origin in the use of eny cif the facilities provided for the public on the airport. 4 fi That the Oporator understands and agrees that nothing herein centained shall, be cOnstrued to grant or authorize the granting of an exclusive right within the mnaning of Section 308 of the Federal Aviation Act. W That the City resa,:s:ves the right to further develop or improve the landing area va: the airport as it saes fit, regard- less of the desires or view of the Operator and without interference or hindrance. (h) That the City retie :ves the right, but shall not be obligated too the NeratOr to maintain and keep in repair the land- ing trea of the airport and all publicly -owned faci litien of the airport, together with the right to direct and control all activities of the Operator with regard to all publicly -owned facilities. (A That this Agraament shail be subordinato to the provisions and requ r manU of any existing or futures Grano. Agree -- resents between the City and the United States or any cNisting or future Federal Aviation Regulations relative to the development, operation or maintenance of the airport on= eronaut�,ca . (j) That 'there .is hereby reserved to the 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 oz the Operator described in Exhibit 8/11/64 -4- together: with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, nosy known or hereafter u8ed for navigation of or flight in the air, using said airspace or landing at, taking off from or operating can Redlands Municipal Airport. (k) That the Operator %ay accepting this Agreement e%-- piessly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land described in M:hibit "A" above an inclined plane having an elevation above mean sea level of 1540 feat at the northues` corner, 1584 feet at the soutNuest corner, 1586 feet at the northeast corner, 1654 feet at the southeast corner. (Sere Exhibit "C" for sketch Of inclined plane and Redlands Toning Ordinance instructions). In the event the aforesaid covenant is breached, the City reserves the right to eater upon the land described in Exhibit "A'' and to remove the offending structure or object and to cut the offending tree, all of which Tall be at the expense of the Operator. (1) That the Operator by accepting this Agreement expressly agrees for itself, :its successors and assigns that it wi.11 not mAke use of his premises described in Exhibit "A" in any manner which might interfere with the landing and tdking off of aircraft from Redlands Municipal Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the City reserves the right to enter upon the Operator's promises described in Ex- hibit "A" and cats se the abatement of such interference at the ex- pense of the Operator. The Operator agrees than: the Federal Aviation Agency (FAA) Regulations listed in paragraphs (a) thru (1) , Section III, herein are part of this Field Use Agreement. ITT eination of Ana- went_ (a) The Operator, at any time after two years from the date of commencement hereof may terminate this Agreement without penalty, by notifying the City, in writing, twelve (12) months Prior to the termination date, a, proposed by the Operator. During the notification period of Welve 112) months, all terms of the Agreement will be in force. (b) The City may terminate this Agreement in its entirety upon the occurrence of any of the folloving events: (1) Filing of Whkrvptcy proceedings by or against 9/17,/64 -5- the Operator. (2) Mratar conducts activity not authorized by the Agreement, suWQUent to receipt of a sixty (60) days' writen notice fraa City to cease and. desist. (3) Operator makes any gdneral assignment for he hene2i,t of creditors. (4) The Abandoament or discontinuance of operati.ons at the Airport by the Operator. (5) Operator faits to perform, 'peep and observe any and all terms of the kgreoment which are to be perfonmed, hept and observed by him. (6) she Operator defau? is is payment of the "field Use Chases" or Violates any of the terms or conditions of the Agreement, and the "Field Use Charge" is not paid or the violation is not corrected within sixty (60) days after service of notice as provided in paragraph XIII herein. (7) Violation or non-wompl ance by the operator of any of the following paragraphs OZ Section o I s,. herein: c, d, e, go h, it 7 o ko 1 • (3) Occur Once Of any act by the Operator which results An his failure to Perform tha ZollcL-.inq r=dinhirm dums under;: this Agreement: a. PrO grid ing aviation fuel service far aircraft daily, including waak ends, during nozmaj operating hours. Normal operating ?ours are defined as: 7:30 a.m. to 500 p.m., or one (1) hour prior to sunset, whichever is later". > PFov C. ing minimum mechanical apa it cervices from 8:00 a.m. to 5:00 p.m., Monday through rid,zays. S. Providi n emergency aviation fuct and emergency minimum mechanical repair services for aircra.t outside Of normal operating hours A. Pzovi di ng services in a, b, and c above in an efficient, business -like `s::ctnnor, SO as to promote ote 5004 public relations, generate customer goon will, and reflect cr dit on both the City of Redlands and the operator. a. Maintaining his premises and improvements in good condition and repair at his sole expense. 8/31/64 _�,_ (c) In he event of termination by the City for any of the foregoing 11) through 18) ressonn the City shall have the following right () In accordance with Sponwor's (City of Redlands) Assurance fir`? 1 to Federal Aviation Pgoncy (FAA) Project Application, ui!ich specifies es "if an arrangement t is made Wo.':: management 0 operation of the airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Act, the Regulations, and these covenants," " the City,, at its option, if it is necessary and essential to provide aeronautical facilities liti es necessary fog: the operation of the Redlands Municipal Airport, may operate operator's aviation We'? service and normal aircraft tie -down area, as shavmm can Exhibit "$" attached hereto, at no risk to Operator for such activity. Such operation by the City shall be for such limited period as is required to obtain on the Airport other Fixed Base Service, but in no event longer than twelve (12) months. During such operation by the City, City shall pay. to Operator an a +uveat of $25 „00 per nznth plus it per gal? on OE aviation feel delivered to the Operator's area defined in Exhibit W, payable quarterly within thirty (30) days fat completion of ggarter. The exercise of this right to conduct the OPO at=' s Wed Base Operation dos ntelk constitute a waiver by the City of any contract damages arising from Cporator's failure to keep the terms of this' F? eld Use Agreemes n W Termination shall not relieve either parry of any liability or indebtedness ,s incurred prior to the termination of the Agreement. (a) A "Field Use Charge" shayl be paid by the Cporato;: to the City as follows: (1) A minimum monthly payment of Y125.60, or 11, 500a00 annually, .for the twren of this Agreement. 1b) from the beginning of the Agee, went through the end of the fifth year; (1) ore and one -hall 11-1/2) cents per gallon .for every galion of aviation fuel delivered to the property described 8/31/64, -7- in Exhibit R" . TV tram the beginning W the sinth year, through the end of the tenth year, the following sc7?et?:.le Or percentages of gross nc+Cite, derived from the Operator's Fixec? Daze QWrat.? of under this Agreament become effective. () 2% of grass businass on mai ntenauce and general se3:i9:.cez, including El ght school,, tiC"''Quan and hangar rental, charter operations, motel and restaurant operations, AcIa ding vending € ach nes . 12) 1/1% of grons safe's of aNcraK. nov and used. (3) 2% of Szoos sales of aircraft parts and other (a) 20 per gallon Wr every G'allo;.a of aviation fuel deliv6red to the property Ascribed in Exhibit "A". 15) 31 per gallon for Every gallon ©f lubricant delivered to the property desc: ibad in MAU "A". (d) Ir= the beginning of the eleventh year to the and of this Agreement the following pgrcentages of grows incomes de- rived fraM tha dace operation L'nde . this ACgreL''ment shM hccome ef&ctivO. Puri g the period OZ the tenth Tsai,, the exact percentages QPUcable W W-pa. agrraphs (1) and (3) be3oma will be negotiated by the City and the ©payator. fl) A minimtM of 3% on a maximum of 5% 02 grOSS business an maintenance and gG'siarcal services, 3 nciu inn flight school, tie -dour and hangar rental, charter G't.erationa, motal and restaurant operat ans, including vending machines. (2) 1 /2/ of gross sales of aircraft, now and awed. 0) A minimum 0Z 3% or a maximum of 5% A grass salez of aircraft parts and othar mq'iiu-pmt.nt:. () 21 per gallon i_or every gallon of aviation fuel delivered to the property described lZ T %':Lit 151 A per gallon for ev aVy gallon of lubricant delivered to the property described in E.IjM_:hjt. "A,,. t is ht?'::eby sti£ Ma ed tl3` t_ l .Charg= tee'','. Rorth herein shall not include any duplication ion of pa"ys:iart and fees sha."f l. aptply A OnO WMSOW MlY e0ce& that paragraph 01 (l) ahall always apply, Said Meld Use Charges" shall be payable quarterly within th iwty 0101 days folloving the ccmp .etioa of the respective ggartar. WE (a) Opara=:or Mail indemnify and save haym ess the City, its offi.ca s, agents and employees, fY•ram and against any and all claims, demands, loss or liability of any kind or nature which the City, its officers, agents and employees, or any of them, may sustain or incur or which may be dosed upon them on any of them, for in jury to or death of persons or damage to property in the use of the premizes described in the Agreement. (b) As a condition precedent to the effectiveness of this Agreement and in partial ? PeNormance OZ the Operator's obligations hereunder, the Operator tha l procure and maintain in full force and effect during the term of this agreement, a policy or policies of Liability Insurance in carriers and in form cati sfactory to the City with minimam limits oZ $300, 000/1500, 000 Bodily injury, and $100, 000 Property Damage insurance. in addition to automobile, premises, and ©erat3_ons coverage, policy(ies) shall also cover Contractual and Products Liability. Cperatar shall cause to be attached to all of said policies of insurtnca an endorsement reciting the first pcira1raph of this section. (W 'rho policy shall further provide that the same shall not be cancelled or cove:age reduced until i ten (10) day written notice of cancellation has been served upon the City. (d.) Operator shall, coincid,ontally with the execution of this Ag7•L'ameB` t, deliver a certified or photostatic copy of said policies of insurance to the City for approval as to sufficiency and as to form. (e) The procuring of ouch pollcieu of i nurance shill nct be construed to be a lJ.mit:at&n npo€a the aparator's liability, ar as a fall WforMance an its part of the KdWn•a ficat i.on pro- visions of thin Agreement- Werat0r ° s Obligation -being notwith- standing ith- standing said policies of insurance far the full and total amount of any damay, in jury or loss caused by negligence or neglect connected with AS aperatiOn under this Agreement. Vl ��4r�3y �,iQn,�, �=��sd..�-.?����,,��� ,�!�„_�.�e�r;:�n e��?��•s��c���� � •-o� �,� ox Sala 010- • (a) `?r`h:' Operator may Const y'nct, Ttti od :t:y, repair or improve its Premises at any time during tha term of this Agreamznt in conformance E_.+it;'1 recognized standards of Mod base operations development, zoning ordi mmnces, sign ordinances, and building codes of the City A Redleadg. Ab) The Operator may purchasa or acquire by Innso, , sub- ject to approval by the City, additional property during the te,RT hereof, without affecting the terms or conditions of this Agreemant. qc) Operator shall have the right to sell or assign its p?: open: ty On any part thereof during the term hareof, but Operator shall, prior to any Dal , ME= the p:^01arty or part thereof to the bi ty for pn rchasa at whatever fair jury hnoo price the Operator bas been offered by another horafide purchaser whose identity shall he given to the City. (d) operator Kali have the Ashit to assign this Agree Ment, M ubkc-t tO Mr oval by M CRY. Any 6009iir_r n! of thin Ag? eament wi? i require that the assignea be subject to all conditions itemz. and provisions ©i" this Zgreement. Vill SUMAKEGAS (a) The Operator shall have the right to subcontract portions 01 activities under M tOL' Ms Of this Agreement, provided such ag eenents Meet tho requirements of this Agreement and are approve: by the City. IX (a) Within thy.ee (3) nnnthm the Operator agrees to sub- mit to the CKY a minimum facility developmznt program. Operator agrees tO G'O?°ipleto s Ch a minimum d^iiC-'lCDypmzns: program ti"v'ithin Cana (1) year alter the date of execution of the Field use Agreement. (h) Such minimum program shall include; (i) improved Me! servicing facilities; (2) X.mPrOvcd paving of auto and a .rcnaft ingress and egress fOM �eratOr ° s nr o e± yincluding r trarce fram Wabash -,p- 8%11 /64 Amenre, and associated auto palkings (3) Improved paving of ramps, hangar, shop, Ve- down and fueling areas. (4) Improved waiting room and rest -room facilities. X Bar _tz Gild �T; 11fieiCc'ir�.ians. (a) Beginning with the first year of operation under this Agreenazt, the Operator shall suhmit to the City a copy of all bulk delivery invoices of petroleum products dsl.i.vegGd to operators o premises described in Exhibit "A". Those invoices shall accompany each quarterly payment to the City. (b) Beginning w0b the Sinth year of operation under this Agreement, and continuing throughout the remaining We a of the Agreement, the Operator shall submit to the City a verified state- ment of income Erom sales of all goods and services with a catMail.ed accounting thereof in su h form as the City may require and a Copy of all bulk delivery invoices of petroleum products doli.vercd to the Operato:L ' s premises described in Exhibit "A". 'these statements zzd invoices shall accompany czC1h' c'4rrta ly payment to t13e City. (C) The City shall have the 050 to inspect the Operator's books at all reasonable times to verify the above statements and invoices. General. (a) It is understood and agrood that each and all the terns of this Qreemcrst are subject to the regulations and provisions of law applicable to :Tie operatiOn of the KrWrt as a Federal. Aid Airport Project. If any pW ou i.si on of this Agre m nt is invalid, the other provisions of the Agreement which are valid shall remain in effeclW, and the Agreement will be renegotiated `co comply with the requirements of the applicable laws and regulations, (b) The Operator agrees to observe and obey during the term of this Agreement all la: z, ruloo and regulation} promulgated and eraSiorced by the City and by any other proper amtho:;ity having jurisdiction over the conduct of opts. ax.ions at the Redlands Municipal. pal. Airport. The fee schedule l.ist6d in Section ;i herein n is not con- sidered as coming under the pUrvi.ew or this paragraph. Any fee 8/11/64 -11 changes will be made by separately. negotiated agreements between the operator and the City. (c) The City shall have complete dominion aver the premises of hdth the' City -and the premises of the Operator c?escribed. in Exhibit "A" during the term of this Agreement for the purpose C?` avd to the e,*Ytent necessary to maintain lair, order and safety, and has the authority and the right to deny access to the Redlands Municipal Airport by any person who fails to conform in all respects to this Field Use Agreement. Minimum Mana ament Duties in consideration of the rights granted the Operator under this Field Use Agreement, the Operator agrees, in addition to paying the City the Field Use Charges set forth in Section V, herein, to perform certain minimum management duties at Redlands Municipal Air- port, without cost to the City. These minimum Management duties are set forth in a separate Management Agrezment. Failure to satisfactorily perform these duties will constitute a violati?n of this Field Use Agreement, as stated in paragraph (b) (5)Section !V, herein. Notices. X1 I I (a) st is agreed that any notice to be given or served upon Redlands Fight Line, inc., shall be sufficient if sent by registered mail, postage prepaid, addressed to Redlands Flight Line, 1955 Wabash Avanue, Mentone, California, and any notice to he given or served upon the City shall he sufficient if sent by registered mail, postage prepaid, addressed. to Director of Aviation, City o: Redlands, City Hall, Redlands, CaIlforn: a. 2 t Successors andngigc ns . (a) By this R reement, the Cparator bind2 each of the individuals, their heirs, succea,,r ors and azsig1► s in interest. Executed at. Redlands, California, on this � l VIC, day _12— g/31 /6 4 (Field Use Agretament ) ATTEST: 1 Approved for form: cQ.e 1-7y - City Attorney Exhibits Attached: CITY OF RMLAMS REDLANDS FLIGHT LI'4l3, M. C. Legal Descr?ption of Parcels No. i and 2 "B" - Area which tmay be operated by city, under certain conditions. "C" - Sketch of Height Liijits pertaining to Parcels 1,10. 'j and No. 2. 9/17/64 DESCRIPTION: PARCEL V0. 1 t Beginning at a point on the north line of the southeast: one quarter of Section 13, Township 7 South, Range 3 Went, ,San Heruardino meridian, in the City of Redlands, County of Sate Bernardino, State of California, according to Government Survey, 535 feet w sterly frdm the northeast corner of said southeast ane quarter; thence South 005' 15" East 455 fact along the Westerly line oa: premises conveyed to Southern California Tu1~key Growars Association, a California corporation. by deed recorded April 16, 1952 in Boo1c 2933 of -Official Records, page 2G3; thence Uorth 89054' 45" East 535 feet, more or less, along the south Ana of :,aid premises con- veyed tO Muthern California Turkey Growers Association, a California corporation„ to a point on the East line of said southeast one quarter; thence South on said East line of said southeast one quarter, 25 feet; thence South 89054' 45" West 555 feat, ' more or less, to a point 20 feet west of a prolongation of said West line o�.= said - promises so conveyed to Southern California Turkey Graaerss association, a California corporation; thence North 003115" wrest 174 feet, more or less, to a point 306 Feet south of said north line of said southeast one quarter; thence South 89054'45" West and parallel to said north line Of said southeast one quarter 1,241.9 feet, more or less, to a point on the East line of the premises conveyed to Harold W. Andersen, et al., by deed recorded in book 1031 of :Official Records, page 249; thence .north along said East line of said pramIres sea conveyed to Harold W. Anderson et al., to the north lire of the nortMest. 1/4 of saki coutheast, 1/4; thence East along SOW north line Q said southeast 1/4, 1261.9 feet more or lens, to the point of beginning. Beginning at the 'northeaot corner of the southeast 1/4 of Section 13, Township l Soutb, Range 3 West, San Bernardino meridian, in the City, of Redlands, County of San Bernardino, State ©b California, zccording to Govannment. Survey; thence South 89054°4.5" West: along the north Lire of said southeast one quarter, 535 feet; thence southerly, paraliu1 with the Last line of said southeast one quarter, 455 Feat; thance Parallel with said north line of said southeast one quarter Worth 89*54' 45" Last 335 Fee;:., more or less, to the east line A said southeast 0ne quarter; thence Fort?1er y along said East line 455 feet to the point of beginning. EXHIBIT A Y� (Field Use Agreement) 1. Sketch of Height Limits applicable to Parcels No. 1 and No. 2, a8 described in E chibit "A": f %c; c; 4�'I 1 -a f:.5 i Iia"7 SE, 2. In no event, however, Vall the Operator erect nor permit the erection of any structure or object, tor_ permit she growth of any tree, on the land described in Exhibit "A" above heights Permitted by City of Redlands Zoning Ordinances. At such time as the Imnvay is relocated, permitting an increase in height limits per PAN standards, the City will establish revisers height limits for the land described in Exhibit "A'' CITY OF REDLA DS AND REDLANDS ;»' 3.rIGET LIN13 This Agreement, entered into Ve ween the City of Redlands, a municipal corporation, herE'.'.Yls`lfter referred to as "city", and Redlands Flight Line, a corporation, har 0ina fter referred to as "Operator". Mi lereas the City owns the land within the airport as set forth in the Airport Hasten Dian, and Whereas, the Operator has been gran od certain non- exclusive :-.ngress and egress rights to the Red ands municipal Airport in connection t,.ith the non-exclusive rights granted the Qerat.= M conduct fixed base operations as set Forth in the Field use Agreement bets.een the City and the Operator, now, therefore I (a) in consideration Of the ncn-exclusive Wed Base Operation rights granted the operator by the City, as specified in M r ield Use Agweemnnto in addition to paging the City the Plelc Use Chargas spec :e , tho CpL'ra or MEMO id ;ergorm the following owing minimum 1':':r"a..2`st".geiCiL-'nt duties for the City a���fl airport, 'viiL"hoi?` 4 charged during the term K the Field Use Agreement.: (i) operate a City -furnished VVICOM system, using licensed operators from the opszutor, s resources. UNICO oPera ionw to be conducted as a concurrent action in the course of business,normal and wjjj not require any additional full 0Z 17a9„"-G. "Ma "l a es a Fouts Of MratiOn 0f L' ICOM Qsshallbe ther as stated in Pa ag?"'ei°ph 9, at Sncti= IV, Mold U09 Agreemen t. (2) Provide 410tc, via UPICO , available 3.nfCi:CiIIration authorized to be 4.Kaai7l:.�mitted via M.Li.om. (3) Mi9wi. Y. City, by appropriate paeans, any observed violat ion , ax City, State or Federal Airport Regulations and Rules. a%37.f&4 14) Furnish employees for training in she use or City supplied airport Use --fighting equpment . '_'raining of these employees will he by the City Fine Department, on the Operator's premises. (5) Provide secure and sheltered space for City fire equipment furnished. (b) This Agreement can be terminated, Wring the term hereof, at the pleasure of the City, on thirty (30) days written notice send-, by registered mail, postage prepaid,, to the Operator, addressed to Redlands Wght Line, 1955 Wabash Rvenue, Mentons, California. (c) Upon expiration or termination of this Agreement, the Operator will allow the City to take full possession of all City owned property, and remove same fromOperator's premises without interference. (d) The Operator shall not have the right to a Sign this Agreement. SNecuted at Redlands, California, on this .��.....,. day Of . Q 1964. The Waotive cute o thIs Agrae� meat shall be October 1, 19G 4. ATTEST: CITY OF REDLANDS / B �/ V ` C Clerk (/,L Mayor 0/6 Fresident QVIT71--le VAX Approved :for form: City Attorney