HomeMy WebLinkAboutContracts & Agreements_9-1968LICENSE AN, AGRE214ENT
REDLA.NDS MUNICIPAL AIRPORT
This license and agreement is granted and entered
into on March 1, 1968, between the City of Redlands,
California (hereinafter referred to as "City") licensor,
and GOLDEN WEST AIRLINES, INC., a California corporation
(hereinafter referred to as "GWA") licensee, for the
purpose of allowing GWA. certain rights and the use of
certain facilities on portions of Redlands Municipal Air-
port in connection with its airline operations.
In consideration of the covenants and conditions here-
inafter contained, to be kept and performed by the respective
parties hereto, it is mutually agreed as follows:
1. PREMISES: City hereby grants a license to GWA and
GWA hereby agrees to use the following facilities, rights,
services, and privileges on and in connection with the
property and .improvements of City specified as said Airport,
as more particularly hereinafter set forth:
(A) Use of Airport: The use, in common with others
authorized so -to do, of the Airport and appurtenances in-
cluding the landing field, runways, aprons, taxiways, sewer --
age and water facilities, flood lights, landing lights, con-
trol tower, signals,radic aids, and other conveniences for
flying, landings and takeoffs of aircraft of GWA, which shall
include:
(1) The operation of a transportation
system by aircraft for the carriage
of persons, property and mail (here-
inafter sometimes referred to as
"air transportation"),
(2) The landing, making off, parking,
servicing, emergency repairing,
loading and unloading of GWA's
aircraft;
(rraYi ')-7/r.P)
(3) The right to load and unload persons,
property and mail at the Airport in
locations designated by the airport
manager by such motor cars, buses,
trucks, or other means of conveyance
as GWA may require or find useful in
the operation of its air transporta-
tion system;
(4) The right, subject to the written
approval of City, to install and
operate advertising signs on the
premises.
(B) Exclusive Use of Land or Space: Nothing con-
tained herein shall be deemed to give GWA the exclusive
use of any land or space. Any such right shall be se-
cured by separate lease. City agrees, nevertheless, to
permit the use by GWA, its employees, passengers, guests,
patrons and invitees, in common with others, of any public
space now available or which may hereafter be made avail-
able including lobbies, waiting rooms, and rest rooms.
(C) Right of ingress and Egress; Complete ingress
and egress to and from the premises outlined in paragraphs
(A) and (B) of paragraph 1 on the part of GWA, its em-
ployees, passengers, guests, patrons, invitees, suppliers
of materials and furnishers of service shall be furnished
by City without charge to said specified people. These
rights to be subject to reasonable rules and regulations
promulgated by City.
(D) Airport Regulations. GWA agrees to observe,
obey, and abide by all applicable laws, ordinances, field
rules and other regulations for the common and joint use
of airport facilities and for the maintenance and conduct
of all its operations which will now or may hereafter be
imposed or promulgated by City, the Federal Aviation Agency,
(Feb 27/68) -2-
or any other governmental agency having jurisdiction over
the subject matter.
2. TERM: The term of this License and Agreement
shall be for a period of 5 years, commencing on March 1,
1968, and terminating at midnight on February 28, 1973,
unless extended or terminated as hereinafter provided.
3. LANDING CHARGES: Effective September 1, 1968,
GWA agrees to pay to City for the rights and privileges
granted herein the greater of the following amounts for
each landing made: (There will be no charge made for
landings during the period March 1, 1968 to August 31,
1968, inclusive).
A) One dollar ($1.00)
or
B) Fifteen cents ($.15) per thousand pounds of
the maximum gross weight of the aircraft as
determined by the Federal Aviation Adminis-
tration (hereinafter referred -to as "FAA").
Except in emergency situations, there will be a charge
of $1.25 per night for each aircraft parked at the airport
over --night.
GWA further agrees that on or before the 15th day of
each month, GWA will submit to the City an accounting, in
a form acceptable to City, of all landings and over ---night
parking made at the airfield during the previous month.
At the time of rendering said accounting, G117A shall pay
City any and all amounts which are due as landing charges
and over --night parking charges.
4. OPERATION OF AIRPORT AND AIRCRAFT: City agrees to
maintain and operate -the airport in good and efficient manner
and in accordance with all pertinent requirements of FAA for
-the operation of scheduled air carriers using the type of
equipment now employed by GWA thereon. GWA agrees to comply
with all Civil. Air Regulations.
(Feb 27/68) -3-
5. CANCELLATION BY CITY; City, in addition to any
right of cancellation as a matter of law or any other
right herein given to it, may cancel this agreement
immediately upon the occurrence of any of the following
events.
(1) The filing by GWA of a voluntary petition
in bankruptcy;
(2) The adjudication of GWA as a bankrupt;
(3) The taking by a court of competent juris-
diction of GWA and its assets pursuant
to proceedings brought under the provisions
of any Federal Reorganization Act;
(4) The appointment of a receiver of GWA's assets;
(5) The divestiture of GWA's rights herein by
other operation of law;
(6) The failure of GWA to keep and perform any of
the covenants or agreements herein contained
on the part of GWA to be kept and performed;
(7) The dissolution or liquidation or any other
act which causes the termination of GWA's
corporate identity, including but not limited
to, the merger of GWA with another entity or
the transfer of the whole or a substantial part
of its assets to another entity.
No waiver by City of default by GWA of any of the terms,
covenants or conditions hereof to be performed, kept or
observed by GWA shall be construed to be or act as a waiver
by City of any subsequent default. The acceptance of
charges by City for any period or periods after a default
of any such terms, covenants or conditions shall not be
deemed a waiver of any right on the part of City to cancel
this agreement for failure by GWA so to perform, keep or
observe any such terms, covenants or conditions.
(.Feb 27/68)
In addition to the foregoing, City may cancel this
agreement upon thirty (30) days' notice in writing to
GWA upon any of the following events:
(1) The airport is sold, transferred, or
abandoned by the City, or is taken from the
City pursuant to the power of eminent domain.
(2) The City determines, for any reason, to ter-
minate operation of the airport as an airport.
(3) The City is rendered unable to perform its
covenants hereunder, due to the operation of
any state or federal law or regulation., or by
injunction, order or decision by any competent
court of law or administrative agency; or due to
casualty or any act of God or act of war or act
of the public enemy.
6. CANCELLATION BY GWA: GWA in addition to any
right of cancellation or any other right herein given to
it, may cancel this agreement and terminate all or any
of its obligations hereunder at any time, by thirty (30)
days' written notice, upon or after the happening of any
one of the following events:
(1) The failure or refusal of the FAA or CAB to
grant GWA the right to operate into and from
the Airport;
(2) The failure or refusal of the California Public
Utilities Commission (hereinafter referred to
as P.U.C.) to grant a Certificate of Public
Convenience and Necessity as requested in MIA's
pending application.
(3) Authorization by the FAA, CAB or P.U.C. of another
airport for service by GWA to the point or points
being served through the Airport;
(4) Issuance by any court of competent jurisdiction
of an injunction in any way preventing or
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restraining the use of the Airport or any
part thereof for airport purposes, and the
remaining in force of such injunction for
a period of at Least fifteen (15) days;
(5) Any action of the FAA, CAB or P.U.C. refusing
to permit GWA to operate into, from or through
the Airport such aircraft as GWA may reasonably
desire to operate thereon;
(6) The breach by City of any of the conditions,
covenants or agreements herein contained and
the failure of City to remedy such breach for
a period of thirty (30) days after receipt of
written notice from GWA of the existence of
such breach;
(7) The inability of GWA to use said premises and
facilities continuing for any longer period
than thirty (30) days due -to any law or any
order, rule or regulation of any appropriate
governmental authority having jurisdiction over
the operations of GWA or due to war, earthquake
or other casualty, or due to City's partial re-
vocation of this license;
(S) The assumption by the United States Government
or any authorized agency thereof of control of
the Airport and facilities or any substantial
part or parts thereof, where such control sub-
stantially interferes with GWA's operation!
(9) No waiver of default by GWA of any of the terms,
covenants or conditions hereof to be performed,
kept and observed by City shall be construed to be
or act as a waiver by GWA of any subsequent de-
fault of any such terms, covenants and conditions.
(Feb 27/68)
7 . RIGHT TO COVENANT: QUIET ENJOYMENT OF USE:
City represents -that it is the owner and/or controller of
property specified herein as the Airport, together with
all the rights, licenses, services and privileges herein
granted, and has full power and authority to enter into
this agreement in respect thereof, subject to any prior
rights of the Federal Government. City covenants that,
on payment of the amounts herein mentioned and performance
of the covenants and agreements on the part of GWA to be
performed hereunder, GWA shall peaceably have and enjoy
the use of all -the rights and privileges of the Airport,
its appurtenances and facilities, in accordance with the
terms hereof.
S. REMOVAL OF FIXTURES: GWA shall have the right at
any time during the term of this agreement, or any renewal
or extension hereof, and for thirty (30) days after any
termination hereof, to remove all fixtures and equipment and
other property installed or placed by it at its expense in,
on or about the premises herein described. Upon the removal
of any such item, GWA shall restore the premises to their
prior condition, normal wear and tear excepted.
9. LIMITATIONS UPON USE OF AIRPORT BY GWA:
(A) It is understood that this agreement is made
subject to the right of City to develop, maintain, improve,
operate and conduct the Airport as follows:
(1) City shall have -the right to further
develop or improve the landing area
of the Airport as it sees fit, upon
30 days notice to Lessee, whenever
possible, regardless of -the desires
or views of GWA and without inter-
ference or hindrance, provided that
GWA shall have the option to suspend
its rights and obligations hereunder,
in whole or in part, during the time
-7-
which it is thereby prevented from
using the Airport's landing area.
(2) City shall have the right to take any
action it considers necessary to protect
•the aerial approaches of the Airport
against obstruction.
(3) City shall have the right during the
time of war or national emergency to
lease the landing area or any part
thereof -to the United States Govern-
ment for military or naval use, and
if any such lease is executed the
provisions of this agreement, insofar
as they are inconsistent with the pro-
visions of such lease to the Government,
shall be suspended or, at -the option of
MIA terminated.
(4) This agreement shall be subordinate to
-the provisions of any existing or future
agreement between City and the United
States relative to -the operation or
maintenance of the Airport, the execu-
tion of which has been or may be required
as a condition precedent to the expenditure
of Federal funds for the development of the
Airport.
(a) City shall have the right -to revoke the
whole or any part of this license and
agreement upon 30 days notice to Lessee,
if such revocation is necessary to en-
able City to obtain Federal aid, and
City in good faith is seeking Federal
funds for the development of the Airport
(Feb 27/68) -8-
(3) It is agreed that GWA shall at all times conduct
itself in its activities at the Airport in -the following
manner:
(1) GTIA shall not claim or attempt to
exercise exclusive use of the landing
areas or the publicly owned air navi-
gation facilities or any other area,
space or publicly owned facility.
(2) GWA shad conduct its operations with-
out unjust discrimination to the public.
(3) GWA shall abide by and comply with all
applicable and valid laws, rules and
regulations of the Federal, State,
County, and/or City governmental
agencies having jurisdiction over the
Airport or carrier's operations thereon.
10. HOLD ilARMLESS a GWA agrees to keep and hold harm-
less City and all its officers, agents, employees and con-
tractors free from any and all damages, suits, costs, or
expenses in law or equity (including costs of suit and
expenses for legal services) that may at any time arise
as the result of the use of the Airport by GWA, its agents,
invitees, permittees or contractors.
11. INSURANCE: On or before the commencement date of
this License and Agreement, GWA shall deliver to the City
Director of Aviation for approval certificates or policies
of insurance as evidence that the following types and amounts
of insurance are in effect during -the entire term of this
License and Agreement. Certificates will be on City furnished
forms.
a) Workman's Compensation insurance for all employees;
b) Comprehensive general liability insurance, with a
combined single limit of liability of $1,000,000.00.
_g_
(Feb 27/68)
The coverage extended by said policy shall
apply separately to GWA and to County as
though separate policies of insurance had
been issued to each.
Said insurance shall name GWA as the insured and the City
as an additional insured, and shall be procured from an
insurance company licensed to do business in California.
Said insurance shah further provide that the insurance
shall not be cancelled or reduced until a 30-day written
notice of cancellation or reduction has been served by the
insuror upon the Director of Aviation of the City.
12. EXPENSES OF ENFORCEMENT: GWA agrees to pay all
reasonable costs, attorney's fees and expenses, including
compensation for the reasonable value of services rendered
by the City Attorney, in connection with the enforcement
of the covenants and agreements herein.
13. ASSIGNMENT: GWA shall not at any time assign,
transfer, hypothecate or grant control of any or all of
its rights hereunder or the license created hereby without
the consent in writing of City, whether such assignment is
voluntary or by merger, or by operation of law. Violation
of the provisions of this paragraph by GWA shall be grounds
for immediate termination of this license by City.
14. NOTICES: Notices to GWA provided for herein
shall be sufficient if sent by mail, postage prepaid,
addressed to Golden West Airlines, Inc., 1615 McKinley
Way, La Verne, California.
Notices to City provided for herein shall be sufficient
if sent by mail, postage prepaid, addressed to:
Director of Aviation
City of Redlands
P. O. Box 280
Redlands, California 92373
(Feb 27/68) -10-
Either party may at any time alter its address as
set forth in this paragraph by written notice to the
other party designating such alteration.
Delivery of any notice provided for herein shall
be deemed complete upon being deposited as aforesaid
at any United States Post Office or branch or substation
thereof.
15. INVALID PROVISION: In the event any covenant,
condition or provision herein contained is held to be
invalid by any court of competent jurisdiction, the
invalidity of any such covenant, condition or provision
shall in no way affect any other covenant, condition or
provision herein contained; provided, however, that the
invalidity of any such covenant, condition or provision
does not materially prejudice either party in its re-
spective rights and obligations contained in the valid
covenants, conditions or provisions of this agreement.
GOLDEN WEST AIRLINES, INC.
T . S . Hof£ resident
By
CITY OF REDLANDS
By i
Mayor
ATTEST:
By
Cer+
7
it'
APPROVED AS TO FORM:
r
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C�
(mar. 11/68) City Attorney -11-
INDEX
Paragraph
1 -
Premises-------------------------
Page
1
Paragraph
2 -
Term -----------------------------
page
3
Paragraph
3 -
Landing Charges-------------------
Page
3
Paragraph
4 -
Operation of Airport and
Aircraft-------------------------
page
3
Paragraph
5
- Cancellation by City--------------
Page
4
Paragraph
6
Cancellation by GWA-----------------
Page
5
Paragraph
7 -
Right to Covenant:
Quiet Enjoyment of Use------------
Page
7
Paragraph
8 -
Removal of Fixtures------------------
Page
7
Paragraph
g -
Limitations Upon Use of
Airport by GWIa-------------------
Page
7
Paragraph
10
- Hold Harmless --------------------
Page
9
Paragraph
11
- Insurance-------------------------
Page
9
Paragraph
12
- Expenses of Enforcement----------
Page
10
Paragraph
13
- Assignment-------------------------
Page
10
Paragraph
14
- Notices-----------------------------
Page
10
Paragraph
15
- Invalid Provision--------------- -
Page
11
i
(Feb 27'68)
AMENDMENT TO
LICENSE AND AGREEMENT
REDLANDS MUNICIPAL AIRPORT
This amendment to the license and agreement, dated
March 1, 1968, is entered into between the CITY OF REDLANDS
(hereinafter referred to as "City") and GOLDEN VEST AIRLINES,
INC., a California Corporation (hereinafter referred to as
G.W.A.) licensee, for tie down space at Redlands Municipal
Airport, Redlands, California.
Paragraph 3 of above referred to license and agreement
is to read as follows:
3. CHARGES
a. Landing Charges: Effective September 1, 1968,
GWA agrees to pay to City for the rights and privileges
granted herein, the greater of the following amounts for each
landing made: (There will be no charge made for landings
during the period March 1, 1968, to August 31, 1968, inclusive).
One dollar (1.00)
or
Fifteen cents ($ .15) per thousand pounds of
the maximum gross weight of the aircraft as
determined by the Federal Aviation Administration
(hereinafter referred to as "FAA").
GWA further agrees that on or before the 15th day of each
month, GWA will submit to the City an accounting, in a form
acceptable to City, of all landings made at the airfield during
the previous month. At the time of rendering said accounting,
GWA shall pay City any and all amounts which are due as landing
charges.
b. Tie -Down Charges:
(1) Effective October 13, 1968, GWA agrees to
lease, on a month -to -month basis, one (1) tie -down space for
a DeHaviland Twin -Otter aircraft. Location of tie -down space
is directly east of the fuel facility, and east of a projected
north -south line from the east edge of the main hangar at
Redlands Municipal Airport. City will not be responsible to
furnish any tie -down equipment. GWA agrees not to occupy this
tie -down space during the period from 8:00 a.m, to 6:00 p.m.
daily, except for passenger loading and unloading operations.
(2) Rate of rental for one tie -down space as
provided herein is $30.00 per month, payable in advance, plus
a $30.00 security deposit. Said deposit shall be returned
after the termination of the use of this tie -down space, pro-
vided that GWA has fulfilled all the terms and conditions of
the tie -down portion of this agreement. In addition, in the
event Lessee is in default as to any of the terms and conditions
contained herein, City may retain any portions of this deposit
as may be necessary to reimburse and compensate City for any
damages suffered.
GOLDEN WEST AIRLINES, INC.
By W
) &8&t
President
M
CITY OF REDLANDS
J
By
Mayor
ATTEST:
Z'
CJ Jerk
APPROVED AS TO FORM:
City Attorney
September 30, 1968