HomeMy WebLinkAboutContracts & Agreements_22-1980_CCv0001.pdf AIRPORT LOBBY LICENSE
REDLANDS MUNICIPAL AIRPORT
REDLANDS , CALIFORNIA
This indenture made and entered into between the City of Redlands ,
a municipal corporation, the Licensor , hereinafter referred to as "City"
and Acro Tech Academy, hereinafter referred to as the "Licensee" .
WITNESSETH:
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
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Licensee a display area in the lobby of the Redlands Municipal Airport
building comprising of 371 . 10 square feet , whose location is initially
indicated on the map of said Airport Building Lobby attached hereto
as Exhibit "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 :
Item Monthly Payment
371 . 10 sq. ft . of lobby area
including heating and lighting $125 . 00
Payments will be made monthly, in advance . First Payment is due
on effective date of lease , July 1 , 1980 .
4 . bion-Exclusive Rights Granted :
The following airport-associated business may be conducted by
Licensee in the area comprising this license :
a. Administration associated with flight training, charter and
air-taxi 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 through c, paragraph 4 , herein, will not be conducted or
serviced by the Licensee without written advance approval by
the City.
S. 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.
g. Travel agency operations , including sale of tours by aircraft.
h. Commuter airline operations , including scheduled air trans-
portation of freight and mail .
i . Manufacturing activities of any kind.
j . Training or classroom activities or instruction of any kind.
k. The exclusive right to conduct any of the types of businesses
listed in Paragraph 4 (a) through 4 (d) inclusive.
6. Licensee agrees to observe and abide by the provisions of the
Airport Lease between City of Redlands and Redlands Aviation Corporation
dated December 12 ,, 1978 , 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 develop-
ment of the Redlands Municipal Airport , agreed in writing to FAA
Regulations concerning any agreements , contracts , leases , or other
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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 the Airport.
Any rights granted for the conduct of aeronautical activities must be
held "in common with others" and cannot be exclusive. Aeronautical
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activity is defined as any activity which involves and makes possible
or is required for the operation of aircraft or which contributes to
or is required for the safety of such operation. This includes charter
operations, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, air carrier operations , aircraft sales and
services , sale of aviation petroleum products , repair and maintenance
of aircraft, parts , and other similar activities ,
(2) That rights or privileges will not be granted which would
operate to prevent any person, firm, or corporation operating aircraft
on the Airport from performing any services on its own aircraft with
its own employees (including, but not limited to, maintenance repair)
that it may choose to perform. This provision does not authorize
services to be performed in rented Tee Hangars which would constitute
a safety hazard.
(3) That Licensee agrees to furnish all fixed base operations
service on a fair,, equal , and not unjustly discriminatory basis to
all users thereof.
(4) That the Licensee agrees to charge fair, reasonable, and not
unjustly discriminatory prices for each unit or service : Provided,
that the Licensee may be allowed to make reasonable and non-discrimina-
tory discounts , rebates , or other similar types of price reductions to
volume purchasers .
(5) That the Licensee agrees not to discriminate against any
person or class of persons by reason of race, color, creed or national
origin in the use of any of the facilities provided for the public on
the airport.
(6) That the Licensee understands and agrees that nothing herein
contained shall be construed to grant or authorize the granting of an
exclusive right within the meaning of Section 308 of the Federal
Aviation Act.
(7) That City reserves the right to further develop or improve
the landing area of the airport as it may be found necessary in the
City ' s sole discretion, regardless of the desires or view of the
Licensee and without interference or hindrance .
(8) That City reserves the right , but shall not be obligated to
the Licensee to maintain and keep in repair the landing area of the
airport and all publicly-owned facilities of the airport, together
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with the right to direct and control all activities of the Licensee
with regard to all publicly-owned facilities .
(9) That this Lease shall be subordinate to the provisions and
requirements of any existing or future Grant Agreements between City
and the United States of any existing or future Federal Aviation
Regulations relative to the development , operation or maintenance
of the Airport.
Non-Aeronautical Uses :
(10) That there is hereby reserved to 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 of the Licensee described- in the "Property Licensed" section,
page 1, herein, together with the right to cause in said airspace
such noise as may be inherent in the operation of aircraft, now known
or hereafter used for navigation of or flight in the air, using said
airspace of landing at , taking off from or operating on Redlands
Municipal Airport.
(11) That the Licensee by accepting this License expressly 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 the "Property Licensed" section,
page 1 , herein, in violation of Ordinance Y1281 - City of Redlands
Height Zoning Ordinances .
(12) That the Licensee by accepting this license expressly agrees
for itself,- its successors and assigns that it will not make use of
his premises described in the "Property Licensed" section, page 1 ,
herein, in any manner which might interfere with the landing and taking
off of aircraft from Redlands Municipal Airport or otherwise constitute
a hazard. In the event the aforesaid covenant is breached, City
reserves the right to enter upon the Licensee ' s premises described
in the "Property Licensed" section , page 1 , herein, and cause the
abatement of such interference at the expense of the Licensee.
7 . Insurance
a. Licensee shall indemnify and hold harmless the City, its; officers
agents , and employees , from and against any and all, claims , demands ,
loss or liability of any kind or nature which City, its officers ,
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agents , and employees , or any of them, may sustain or incur or which
may be imposed upon them or any of them, for injury to or death of
any persons or damage to any property in the use of the premises
described in the "Property Licensed" sect-Lon, page 1 , herein.
b. As a condition precedent to the effectiveness of the license
and in partial performances of the Licensee 's obligations 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 satisfactory to City with minimum
limits of $300,,000/$500 ,000 Bodily Injury, and $100,000 Property
Damage insurance. In addition to automobile, premises , and operations
coverage, policy(ies) shall also cover Contractual and Products.
Liability. 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 photo-
static 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 provisions of
this license. Licensee' s obligation being notwithstanding said
policies of insurance , for the full and total amount of any damage,
injury or loss caused by negligence or neglect connected with its
operation under this license .
f. Licensee shall have Workman' s Compensation coverage as required
by State of California law.
8. Subcontracting Rights :
The Licensee shall not have the right to subcontract portions of
activities under the terms- of the license .
9. Taxes :
Licensee agrees to pay all taxes imposed or assessed upon his
licensed premises located at Redlands 'Municipal Airport.
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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 Redlands Municipal Airport as a Federal
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 laws and regulations.
b. The Licensee agrees to observe and obey during the term of
this license all laws ,, rules and regulations promulgated and enforced
by the City of Redlands , California., and by any other proper authority
having jurisdiction over the conduct of operations at the Redlands
Municipal Airport . The license payment schedule listed in paragraph 3 ,
herein,- is not considered as coming under the purview of this paragraph.
Any license payment changes will be made by separately negotiated
agreements between the Licensee and the City.
c. The City of Redlands shall have complete dominion over the
premises described in the "Property Licensed" section, page 1, herein,
during the term of this license for the purpose of and to the extent
necessary to maintain law) 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 license.
d. Licensee hereby agrees that it received no right, title or
interest in and to any portion of the airport lobby, and the "Licensed
areall may from time to time in the discretion of said Licensor be
placed at any location within said Airport building.
11 . Assignment of License ; Successors and Assigns :
a. Assignment of License
Licensee shall not have the right to assign this license.
b. Successors and Assigns
By this license, the licensee binds himself, his heirs ,
trustees ,, representatives , and all successors and assigns in interest .
The Licensee personally guarantees the performance of any and all
covenants and conditions contained in this agreement and upon the
failure of any successor in interest to so perform, Licensee agrees
to complete such covenants , conditions , and requirements of this
agreement .
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12. Operating Hours :
Licensee Agrees :
a. To have his licensed area and the entire public lobby and
patio open daily for business including Saturdays , Sundays , and
Holidays, from 7 : 30 a.m. to 5 : 00 p.m. , or I 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 INIanager by telephone.
e. Operate the City-furnished UNICOM in accordance with
paragraph 5, b, (8) , (f) , Airport Lease between City of Redlands
and Redlands Aviation Corporation, dated December 12, 1978 .
f. Operate the City-furnished public address system as required.
g. To refer all inquiries concerning airport operations to
City Manager-' s office, City Hall , Redlands .
13. Construction in Licensed Area:
a. Licensee will not construct any facility on his leased area
without prior city approval in writing.
14. Termination of Agreement :
a. The City may terminate this Agreement in its entirety upon
the occurrence of any of the following events .
(1) Filing of bankruptcy proceedings by or against the
Licensee.
(2) Licensee conducts activity not authorized by the License,
subsequent to receipt of a thirty (30) days ' written notice from
Licensor to cease and desist .
(3) Licensee makes any general assignment for the benefit
of creditors .
(4) The abandonment or discontinuance of operations at the
Airport by the Licensee .
(5) Licensee fails to perform, keep and observe any and all
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terms of the license which are to be performed , kept and observed by
him.
(6) The Licensee defaults in payment of the license payments
as specified herein, or violates any of the terms or 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 of any of the following para-
graphs of 6 , a, herein : (3) , (4) , (5) , (6) , (7) , (8) , (9) , (10) , (11) , ()2)
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 July 1 , 1980 .
20 . Notices :
It is agreed that any notice to be given or served upon Aero Tech
Academy, the Licensee , shall be sufficient if sent by registered mail ,
postage prepaid, 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.O. Box 280 , Redlands , CA 92373 .
Executed at Redlands , California on this 31 day ofjp�j ., 1980 .
CITY RED ' icensor)
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ATTEST:
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tftTy t,le Mlr&
ERCP TECH ACADEMY
APPROVED FOR FORM: Bv :
S/ Edward F. Taylor
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Encl : Area Leased . . . Exhibit "A"
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CITY MANAGER
On motion of Councilman Martinez, seconded by Councilman
Agreement Riordan, Council unanimously authorized the Mayor and
City Clerk to execute an agreement with the State of
Tennessee California Department of Transportation to relocate, at
Street the State' s expense except for improvements, existing
Freeway water and sewer facilities in connection with the pro-
posed Tennessee Street Freeway construction.
An acceptance of a Grant Deed from the Peterson Water
Grant Company to complete the sale of Lot 36 of Tract No. 3466
Deed on Miramonte Drive was unanimously approved on motion of
Councilman Martinez, seconded by Councilman Gorman.
On motion of Councilman Gorman, seconded by Councilman
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Martinez, Council unanimously agreed to terminate the
Lobby vl' Airport Lobby License agreement, with Skyways Charter
License and authorized the Mayor to execute an identicdl agree-
ment with Aero Tech Academy.
Bills and salaries were ordered paid as approved by the
Finance Committee.
There being no further business, Council adjourned, on
motion, at 8 :30 P.M.
Next regular meeting, June 17, 1980.
Respectfully submitted,
I I L2�,a at.4 Z2
City(1113V
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June 3, 1980