HomeMy WebLinkAboutContracts & Agreements_23-1971AIRPORT LOBBY LICENSE
REDLANDS MUNICIPAL AIRPORT
REDLANDS, CALIFORNIA
This indenture made and entered into between the T
City of Redlands, a municipal corporation, the Licensor, here-
inafter referred to as "City", and Redlands Flite Service, Inc.
hereinafter referred to as the Licensee.
itiITNESSETH :
1. Property Licensed:
That for and in consideration of the rents, covenants,
agreements, and conditions herein set out to be faithfully paid,
-kept, and performed by Licensee! City hereby grants a revocable,
personal license to said Licensee a display area in the lobby of
the Redlands Pluni_cipal Airport building comprising of 265.56
square feet, whose location is initially indicated in red'on
the map of said Airport Building Lobby attached hereto as Ex-
hibit "A" and by this reference made a part hereof.
2'. Term of License:
To Have and to Hold the demised premises, for a term of
one (1) year.
3. License Payments:
Monthly payments made by Licensee to City'for licensed
premises consist of all of the following:
Stern Monthly Payment
265.56 sq. ft. of lobby area
including heating and lighting $17.5.00
Payments wi].]_ be made monthly, in advance. First payment
s
is due on effective date of lease.
4. Non --Exclusive Rights Granted:
The following airport -associated business may be con-
ducted by Licensee in the area comprising this license:
a. Administration associated with flight training, and
charter service.
b. Sales of new and used aircraft.
C. Sale of airman supplies and accessories, excepting
those items which would become an integral part of an aircraft.
d. All advertising signs erected on the property will
comply with City of Redlands Sign Ordinance, and must have City
approval, in writing, prior to erection.
e. Activities other than those specifically stated in
paragraphs a thru c, paragraph 4, herein, will not be conducted
or serviced by the Licensee without written advance approval by
the City.
5. Rights Not Granted:
The right to conduct the following activities is not
granted to the Licensee:
a. Vending machines of any kind.
b. Passenger flight insurance.
C. "U" Drive automobile service.
d. Taxicab service.
e. Public automobile parking for which a charge is made.
f. Ticket counter space for any passenger travel by
aircraft.
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g. Travel agency operations, including sale of tours
by aircraft. .
h.- Commuter airline operations, including scheduled
air transportation of freight and mail.
i. Manufacturing activities of any kind.
j. Training or classroom activities or instruction of
any kind. This does not prohibit the instruction of students on
an individual basis, conducted on the Leased premises, when such
instructions will not interfere with lobby activities.
k. The exclusive right to conduct any of the types of
businesses listed in Paragraph t (a) through a (d) inclusive.
6. Licensee agrees to observe and abide by the. provisions of
the Airport Lease between City of Redlands and Louis A. Stolp,
dated December 23, 1968, listed below:
a, Federal Aviation Agency Regulations Agreed To:
It is mutually understood and agreed by the Licensee
and City that the City of Redlands, in accepting Federal Aid
for the development of the Redlands Municipal- Airport, agreed
in writing to FAA Regulations concerning any agreements, con-
tracts, leases, or other privileges given in connection with the
Airport. These FAA Regulations require: `
Aeronautical Uses.
(1) That, directly, or indirectly, exclusive rights
will not 'be granted for the conduct of aeronautical activities
on on the Airport. Any rights granted for the conduct of aero-
nautical activities must be held "in common with others" and
cannot be exclusive. Aeronautical activity is defined as any
activity which involves and mattes possible'or is required for
the operation of: aircraft or which contributes; to or is required
for. the sai E-t,y of such cpc.ra c-Lor..
operations, pilot trainin ;, aircraft ren -cad. and ,iLh tsacinU,
aerial photo -i aplhy, crop dusting, air carrie oporHtJ.ons, ai; -"
craft sees and services, sale of a-viation petroleum products,
repair, and maintenance of aircr aft, parts, and other sim: - ar
activities.
(2) That rights or privileges wi11 not be granted which
woi:zId. operate to prevenu any person, firm, or corporation of
grating awr craft on the Airport .from pe''.r f ormin- any services, on
its ot:n aircraft t•.ith its o,rrl c-:�:ployces (includinF,f, but not
lir..Ated to, maintenance repair) 1, at it may choose to Perform
s prOV3..51On does not author3 le services "i,o be perforpted in
i rented Tec; Nangars which :-could constitute a safety hazard.
That Licensee agrees to furnish all fixed base
opera -joias - sery ice on a fair, equal, and not unjustly e-
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i in.atory basis to all users thereof.
That the Licensee agrees to charge: fa -Jr, reasonable,
and not unjustly discriminatory prices for each unit Or Serv-L
Provided, that the Licensee Pay be allot.red to may:e reasonable and
nonMdiscri li�zatowy discounts, rebates, or other similar types
of price reductions 1-o volur:la purchasers,
(5) TFlal. t
tho �..s.C��.-n:�Cv agrees :3.0•L t.0 Cl_.SCrii�i7_i-ict Vc; c l-,c:' x:S �
any person or class of persons by reason of race, color', croce
or national origin in thy: use of any of the f�.ci�.i t -�^ s prov--coo:
for the ptubw .c o the airport.
(6) Tiaatl the Liconsec rndorstands and a-zca C:S that
nothing hero:'I.n cont;aine s: all y CU�- ;tr 1 E d O GrCilt or a:Lct1GT i'l.G
the grant, ing of an exclusive ri, h t wi thi:i the IilC:c`ni, of Soction
308 of the Federal r_vi.atS.on Act.
��) �C`!:c'4 �'ity reserves the righ7 c to f urt,her develop
or improve the lc: -ding area O�.n
. the airport as :z.t a:�c':.y be f 0i,,'.:7C1
nocessary in the Ci ty's solo discretion, regardless of the de--
Sl.res or view of the LZ GC':1Ser' and SJwt,�lUut into: � Cr e?1Gv or hind-
raitCti:.
ls) That City reserves the right, but shall not be
obligated to the Licensee to maim-ain and keep in repair the
landing axea of the airport and all publicly-o:.rned facilities
of the airport, together with the right to direct and control
all activities of t:�e Licc�zscc with regard to all publicly--
owned facilities.
(9) That this Lease shall be subordinate to the pro--
visions and reguire:r:ents of any existing or future C:rant A ,ree-
meats _bet1woo _ City and the United States of any e.tiisting or
future Pede-ral Aviation Regulations relative to the develop-
ment, operation or r:aintenance of the Airport.
Non-J-1.eronautica,'L Uses:
(10) That there is hereby reserved to City, its succes--
Sore and o sS �.g:ZS, for the use and be ixrSf-'% Of the Public, 2 r A,'i: L
of fliZ71at for %he passage of •c i. Graf t in theo ai_ ,spaca above zho
surface of the Premises of theLicensee c t ? the t` J:ropo �i y
L1CGn:-,�.�. dc�cr3.J.,t� in
LiCE'nsee,II SoC ion pc:9C1 1, 1Zeroin, tO`;ut-hoi wi—,'2 he r1-I:-,,ht to cat1&a
in SuLCc rl'r spud, such naoiso as may be inherent in the ono anon.
Of airc---aft, no&i i{P.O;iT2 or hcreaftor used for navigation o-f or
fli-ght in the air, usin said airspace of landing; at, Lakin' off
from or opei atin on ReC�lands %,.'unicipal Airport-.
(1l). That the Licensee by acceptin,this Licenso ex--
•px-essl.y E,; r e e s for its01fI its successors and assigns that it
will. not erect :.o:r Permit- tn.c erection of any structure or object
nor permit the gro td h of any tree on the land descriin the
"Property Licensed" seC t4 on, - paSge 1, herein, in violation of
Ordinance 3.251 - City of Redlands Feight uonin Ordinances.
(12) `,hat the Licensee by accepting this license ex-
pressly a.g�.Oes for itself, its successors and assigns that it
will not., make use of his pr. e-raises described non the "Propertly
Licensed" section, p aQ2 1_,. herein, in any b?}anner which r: iLht
interfere Z•::i th the landing and t-a'lx Ln0- Off o f aircraft f roiPi
Redlands yfu:.icipal Airport- or othexvrise cbnstitut2 a hazard. In
the evon'c, the aforesaid covenant is breached, City reserves the
night to ester upon the Licensee's pr�.r:iises described in the
j
"proper`*y Licensed" section, page 1, herein, and cause the abate-
ment Of such interference at the expense of the Licensee.
7. Insurance »
a. Licensee shall indemnify and hold ha;-mless the City,
its officers, c gents 9 a-nd employees, fro.-1 and against- any and
all claims, dc;r,ands, loss or liability" o- an-y ,ind or naturC •
which City, its of ficcr ti. q agan ts, a-.L-.d employees, or any of
may sustain or incur or which mr y be irtposi:d upon. t- e7.1 o, an
of t^%iiiy for injury to Or dnc`Lh of c,:2y per -:on— o- d1:"ic:"i 4o any
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property in the use of the premises described in the "Property
Licensed" section, page 1, herein.
b. As a conditon precedent to the effectiveness of
the license and in partial performances of the Licensee's obliga-
tions hereunder, the Licensee shall obtain 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 satis-
factory to City with minimum limits of $100,000/$300,000 Bodily
Injury, and $100,000 Property Damage insurance. Licensee shall
cause to be attached to all of said policies of insurance an
endorsement reciting the first paragraph of this section.
c. The policy shall further provide that the same
shall not be cancelled or coverage reduced until a thirty (30)
day written notice of cancellation has been served upon the City.
d. Licensee shall, coincidentally with the execution
of the license deliver an acceptable Certificate of Insurance on
the approved City of Redlands Insurance Certificate Form and
certified or photostatic copy of said policies of insurance to
City.
e. The procuring of such policies of insurance shall
not be construed to be a limitation upon the Licensee's liability,
or as a full performance on its part of the indemnification pro-
visions of this license. Licensee's obligation being notwith-
standing said policies of insurance, for the full and total
amount of any damage, injury or loss caused by negligence ofN
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neglect connected with its operation ua6er this license.
f. Licensee: shall have i'ioxkman' s Compensation co;'C,raze
as r E'Ctiuir od by State of California law.
Subcontracting Rights:
The Licensee shall not have the right to subcontract
por.tiozis of activities under the terms of the license.
9. i'ae s
Licensee agrees to nay all taxes i.::posea or assessed
upon his licensed promises located at Redlands i•fi.nicr,pal Airport.
10. General:
a. It is understood and agreed that each and all the
.terms of this license are subject to the regulations and provisions
of law applicable to the operation of Ridlands Municipal Airport
as a Fe.deral'Aid Airport Project. If any provision of this
license is invalid, the other provisions of the license which are
valid shall remain in effect, and the license will be renegotiated
to comply with the requirements of the applicable lads and
regulations.
_b. The Licensee agrees to observe and obey during the
term of this license all laws, rifles and regulations pr+'?.:1ulgate&
and enforced by the City of Redlands, California, and by any
o.ther proper authority having jurisdiction over the conduct of
operations at the Redlands Yunicipal Airport.. The license payment
schedule listed in paraSraph j, herein, is not cousidere! as
coming under the purviei•i of this par&; aph. Any license payncn t
chcZ. ngcs i':ill be madc by separately no-g'oti.0 tot Jci:'aez:
the Licepse`. and the City
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c. The City of Rodl.ands shall h.-,i e comp? eto do-
iiiii-ion over i:he preiiiiscs dcescr-Lbod in zho ` I-Operty Li can So-.
$GGv�0;1, page 1, herein, Burin- -he 4erm of 1'hi5 licoriso for -he
purpose of and to the extent necessary to maintain la:r, order,
and safety, and has the authority and the ri�,,h� to deny accC:ss
to the Redlands Municipal Airport by any person who fails to
conform in all respects to this license.
d. Licensee hereby a i^ees that it received no right,
title or interest in and to any portion of the airport lobby,
and the "Licensed area's may from tiMe to ti3Re in the discretion
of said Licensor be placed at any location within said Ai.rpor'c
building
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11. Assi nm, ent of LiCe1:Se; Si_,ccisssors and As.si 'Tns:
a. Ass3¢',' r-_,e13t of License
Licensee shall not have the right to assign this l icerise,
b. Successors and A ssa,Cls
By this license, the licensee binds himself, his heirs,
trus'oes, representatives and all successors and assigns in
interest. The Licensee personally guarantees the per forita ncee o
any and all covenants and con ditlion S contained in this a t;reu--
Menu, and upon the failure of any s;.1ccessol in interest to so
perform, Licensee a�;rces to co:::plcte such covenan ts, cony' lions,
and requirements of this agreement'.
12. Oocrating Lours:
La Ca Seo A`r,i OS:
1.
a. To havo Iris liconsed are anC he Pul,-)_L c
3.oU,-)y and patio cncn d� ily for '. u ,`-noss i ncliid:_n`; S tlu do ysy
®C, awi
t
Sundays, and Holidays, from a.m. to 5:00 p.m., or. 1 hour
prior to sunset, whichever occurs later.
b. To unlock all lobby outside doors at the start of
each.business day and lock all lobby doors, and turn off all
interior lights at the closing of each business day.
.c. Exercise general supervision over and responsibility
for City -furnished equipment and furniture placed and installed
in the lobby, restrooms, and patio.
d. Secure the names of. any persons violating lobby
rules or observed damaging City -owned equipment, furniture, or
the lobby building, and report same immediately to City Manager
by telephone.
e. Operate the City -furnished UNICOM in accordance
with paragraph 5,' b, (8) , (f) , Airport Lease between City of
Redlands and Louis A. Stolp, dated December 23, 1_968.
f. Operate any City -furnished public address system
as required._
g. To refer_ all inquiries concerning airport operations
to City Manager's office, City Hall, Redlands.
h. Perform each of those duties required under that
certain agreement for furnishing janitorial services for airport
lobby and patio, Redlands Municipal Airport, executed con-
currently herewith by Licensee and Licensor.
13. Construction in Licensed Area:
a. City will provide the partition to divide the
licensed area from the rest of the lobby (see Exhibit "A"). Top
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o.L. pa tliii-ion er ec t e d wi11 b %, Pr0X-i iiia 1-10-1.y 1 foo be10-.,' ce n u.
JaZe 'Li nis.'f,ion f a c r:,-, 101)by w-' b e .G:Jon to C0r_).
"Roya,lcot%" Pecan 1000 o;; equal
b. Counter and dispi.ay cease shol.:n in B-,- ihibi W
1
be s urn-11.sheci by Licensee. The counter 'top of the display case
will be f o mica, 7'r"7 72 succle finish g-"een leather. T ood of dis-
play case will match partition in 13, a, above.
C . L1. consee i-zill not construct any facil-J 4y on his
.eased area without prior City approval in wr i' ri .
14. Ter:,,inat.ior, of Agree;-,Fnt:
a The 0it-y mzLy tcri:^,- il.a-6e th1.s A eci71C;.1'1`, in its eY1--
tiroty upon the occurrence of any Of the followinC evenxts.
(1) Piling of b ar-1-Cruptcy proce-evl.nUs by or against
'the Licensee.
(2) Licensoe conducts activity not au,nor ized by
the License, subsequent to receipt of a thirty (30) days' t:ritten
notice from Licensor to cease and desist.
(3) Licensee makes any gene; -al- assiEnmeni for the
benefit of creditors.
The aban; o_z:r.ent or discontinuance of opera tio::s
at the Airport by the "Li consee.
(5) Licensee fails to per form, keep and observe any
and a 11 tor1:.S of the Iic.ensc %-: hich a e to be part ori,..cd, Kept
and observed by him.
(6) The Li C4i1sE u in p yl%i!t
p.:.ymLe!!-cs� its spec.s..t1.ed her cin, of violate-s any vt the terms o--
conditions of the license, and the license payment is not paid
or the violation is not corrected within sixty (60) days after
service of notice as provided in paragraph 3 herein.
(7) Violation or non-compliance by the Licensee
of any of the following paragraphs of 6, a, herein: (3), (4),
(5) , (6) , (7) f (8) , (9) , (10) , (11) , (12) .
15. Maintenance of Licensed Area:
Licensee agrees to maintain the licensed premises and
improvements in good condition and presentable appearance at
all times at his expense.
16. Utilities:
City will furnish electricity and heat without cost.
Telephone service will be at Licensee's expense.
17. Furniture and fixtures in leased area:
Licensee agrees to furnish his licensed office space
with new furniture, compatible with the new city -owned lobby
furniture.
18. Renewal:
Licensee shall have the option of renewal of this license
for a period of one (1) year after the date of expiration.
19. Effective date:
The effective date of this license is September 1, 1971.
20. Notices:
It is agreed that any notice to be given or served upon
Redlands Flite Service, the Licensee, shall be sufficient if sent
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by registered mail, postage prepaid, addressed to P. 0. Box 898,
Mentone, California 92359, and any notice to be given or served
upon City shall be sufficient if sent by registered mail, postage
prepaid, addressed to Director of Aviation, City of Redlands,
P. 0. Box 280, Redlands, California 92373.
Executed at Redlands, California on this first day of
September, 1971.
CITY OF REDLANDS (Licensor)
By
yor
REDLANDS FLITS SERVICE
el�z:By(7,—� ]
Charles N. Ellsworth (Licensee)
1
ATTEST
Ci lerk
APPROVED FOR FORM:
City Attorney
Encl: - Area Leased ... Exhibit "A"
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