Loading...
HomeMy WebLinkAboutContracts & Agreements_57-2019License Agreement By and Between The City of Redlands and Hangar 24 Charities This License Agreement ("License") is made and entered this 2nd day of April, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Hangar 24 Chanties, a California non-profit organization ("Licensee") City and Licensee are sometimes individually referred to herein as a "Party" and, together, as the "Parties " RECITALS WHEREAS, Licensee desires to conduct an airshow with high-performance aircraft, live music, a children's zone, static aircraft displays, and food vendors (collectively, the "Airshow") at the Redlands Municipal Airport ("Airport") located at 1755 Sessums Drive ("Premises"), and WHEREAS, City has previously approved prior use of the Airport for similar airshows, and WHEREAS, City and Licensee desire to enter into this License to set forth the terms and conditions under which City will license the use of portions of the Airport to Licensee for the Airshow, and the respective rights and obligations of the Parties relating to such License, NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Licensee agree as follows AGREEMENT Section 1. Premises City hereby grants to Licensee a non-exclusive License to conduct the Airshow which is more particulaily described in Exhibit "A," entitled "Airshow Layout Preliminary Plan," which is attached hereto and incorporated herein by this reference Section 2 Acknowledgment of License and Disclaimer of Tenancy A Licensee is not tenant of lessee of City and holds no rights of tenancy or leasehold in relation to the Premises B In consideration of City's grant of this License, Licensee specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege or interest in the Premises other than the rights expressly granted by this License Section 3. Term The term of the License shall commence on May 14, 2019, and end on May 21, 2019, unless earlier terminated as provided for herein Licensee shall have no right to remain on of within the Premises foi any purpose after expiration, of the earlier termination of, this License 1 L 1ca\djm\Agreementsli[angar24 Airfest License Aa eement.ry No Fee.an docx Section 4. Use of Premises A The Premises shall be used by Licensee solely for the purpose of conducting the Airshow In addition to utilizing the Premises for the Airshow, Licensee may utilize the City - owned lot, located directly south of the Coyote Hangar complex, comprised of APNs 0168-031- 21-0000, 0168-041-45-0000, 0168-031-22-0000, and 0168-041-46-0000 B During the term of this License, Licensee shall comply with all applicable federal, state, and local laws, and all applicable rules and regulations established by City C The hours of operation foi the Airshow shall be limited to the following (a) May 18, 2019, from 12 00 p m until 10 00 p m , and (n) May 19, 2019, from 11 00 a m until 6 00 p m D Licensee may commence set-up of the Airshow on Tuesday, May 14, 2019, beginning at 9 00 a m with the closure of the West Ramp located east of the Coyote Hangar complex Licensee may also close the West Ramp from the western edge of the Coyote Hangar complex to the Redlands Municipal Hangars, and including the Coyote Gate, to automobile traffic Taxiway access for aircraft housed at the Coyote Hangar complex will be maintained until 8 00 a m , Saturday, May 18, 2019, and restored no later than 9 00 a m , Monday, May 20, 2019 E Teal down and clean-up of the Airshow shall commence immediately following the end of the Airshow and shall be completed no later than 6 00 p m on Tuesday, May 21, 2019 F Licensee shall ensure that all gates to the Airshow area are locked or manned by the security provided by Licensee during set-up, practices, Airshow days, and during tear down activities G Licensee shall ensure that temporary flight restriction for the Airport shall be in place during all aerial performances and designated practice sessions and shall include 1 May 16, 2019 a Temporary Flight Restriction in place for up to one hour, from 1130am to1230pm u May 17, 2019 a Temporary Flight Restriction in place foi up to three hours, from 1 00pm to400pm an May 18, 2019 a Temporary Flight Restriction in place for up to four hours and fifteen minutes, from 3 00 p m to 6 30 p m and from 7 45 p m to 8 30 p m av May 19, 2019 a Temporary Flight Restriction in place for up to five hours, from 1200pm to500pm H Licensee shall provide verification to City's Airport Supervisor that a Certificate of Warvea has been obtained and approved by the United States Department of Transportation Federal Aviation Administration prior to the first practice scheduled on May 16, 2019 for the Airshow I With the exception of the Coyote Hangar complex, all other hangars at the Airport shall be closed at the following tames 2 L 1caldpnlAgreements\Hangar24 Airiest License Agreement.ry No Fee.jn.docx r May 18, 2019 for six and one-half hours, between the hours of 2 30 p m to 8 30 p m ii May 19, 2019 foi five and one-half hours, between the hours of 11 30 p m to 5 00 p m J In accordance with Exhibit "A," hangers in the Coyote Hangar complex shall be left accessible to their tenants Coyote Aviation tenants shall have aircraft taxiway access until 8 00 a m on Saturday, May 18, 2019, with the closure of the Central Ramp Access will be restored to Coyote Aviation tenants immediately following the Airshow and to all airport users by 9 00 a m on Monday, May 20, 2019 K Licensee is responsible for the relocation of any aircraft located on the West Ramp All relocation services shall be performed under the supervision of Licensee and by an appropriately licensed and insured firm under contract to Licensee and approved by City L Licensee shall provide a sufficient number of adequate trash receptacles in all parking areas and the Airshow area The airport ramps utilized in the course of the Airshow shall be expeditiously cleared of all trash and debris that may pose a threat to Airport operations M Licensee shall obtain all required federal, state and local agency permits, copies of which shall be submitted to City prior to the Airshow N Licensee shall provide a minimum of ten (10) security officers from a certified security firm on both days of the Airshow to monitor the Airport entrance gates, VIP section, concert section, and the exit gates at the conclusion of the Airshow Licensee's responsibilities for the secunty officers shall consist of checking bags during entry, monitoring the VIP section for wrist bands and notifying City's Police Department personnel of any crimes occurring or individuals who may have consumed too much alcohol and have become a disturbance to others 0 Licensee shall obtain approval from the City's Fire Department prior to conducting pyrotechnic displays Licensee shall be solely responsible for identifying and ensuring "no standing/keep clear" zones to provide safe, rapid exits from the Airshow in the case of an emergency A fire inspection of the Airshow area shall be conducted prior to the opening of the Airshow P Licensee shall coordinate with City's Building & Safety Division foi a complete inspection of all applicable structures, equipment, and layout on the site prior to the opening of the Airshow to the pubhc Q Licensee's operations during the Airshow may include the sale and serving of alcoholic beverages, subject to approval of a permit from the State Department of Alcohol and Beverage Control The alcohol permit area shall include the Coyote Hangar complex R Licensee shall require all attendees of the Airshow to park only within designated packing areas Section 5 Fuel Flowage Fee Licensee shall pay to City a Fuel Flowage Fee in the amount of $0 02 per gallon for all fuel provided to Airshow aircraft A lump sum payment of the fuel 3 L 1ca1djm1Agreements\Hangar24 Airfest License Agreement.ry No Fee.jn.docx flowage fee shall be due and owing to City within thirty (30) days following the Airshow, along with the submission of a written fuel report Section 6 Final Plan Submittals A Licensee shall submit to City for review and approval a final layout plan by close of business, April 17, 2019 The final layout shall be reviewed and approved by City's Quality of Life Director, Police Chief, and Fire Chief B Licensee shall provide an updated schedule of set-up, logistical, and Airshow- related tasks to City by close of business, April 17, 2019 The schedule shall include the hangai and gate closure times C Licensee has submitted the following preliminary plans, which are attached hereto and incorporated herein by this reference Exhibit "B" entitled "Preliminary Airshow Signage Plans," Exhibit "C" entitled "Street Signage Plan," Exhibit "D" entitled "Entrance Plan," Exhibit "E" entitled "Exit Plan," Exhibit "F" entitled "Parking Plan," and Exhibit "G" entitled "Rideshare Plan " Final plans must be submitted to the City and approved by City's Police Chief no later April 17, 2019, and shall include a second egress/ingress within the parking lot located on the northeast corner of Judson Street and Pioneer Avenue Alternative parking and traffic circulation plans may be approved by the City Manager or by her designee Section 7. Final Vendor List Submittal A Licensee shall submit a list of vendors to City's Airport Supervisoi and City's Revenue Division by close of business, April 17, 2019 B Licensee shall provide copies of valid Health Permits from San Bernardino County Environmental Health Services for all food vendors C Licensee shall ensure that all vendors participating in the Airshow shall obtain a City of Redlands business license prior to the Airshow Section 8. Notification to Public Licensee shall be responsible for notifying the residents and business owners of the Airshow by dooi hangers or mailers in a %2 mile radius of the Airport one week prior to the Airshow to minimize complaints received by City's Police Department In addition, Licensee shall provide notification by May 2, 2019 to the Redlands Unified School District of the practice flight times involving Jet aircraft and further notify that such flights may cause noise disturbance Section 9 Signage A Licensee shall be responsible foi the posting of "no parking signs" no later than five (5) days prior to the Airshow Removal of all signs shall be completed by Tuesday, May 21, 2019, at 6 00 p m Location of the signs shall be reviewed and approved by City's Directoi of Quality of Life Department no later than (15) days prioi to the Airshow 4 L 1caldpnlAgreementsll [angar24 Airfest License AA eement.ry No Fee.jn.docx B Licensee shall provide "No Smoking Allowed in this Area" signage around static displays and the children zone at all times during the Airshow at locations as requested by City C Licensee shall provide "EXIT" route signage placed ten (10) feet oi higher throughout the Premises to ensure pedestrian flow is not obstructed its visibility in case of an emergency Section 10 Indemnity Licensee, and its officers, employees, and agents (collectively, "Licensee") shall defend, indemnify, and hold harmless City, and its elected and appointed officials, officers, employees, agents and volunteers from and against any and all all claims, demands, losses, defense costs, fines penalties, expenses, causes of action and judgements at law or in equity, or liability or any kind oi nature, whether known or unknown, (including without limitation, third party claims with attorneys' fees) which City, or its elective and appointive officials, officers, employees, agents and volunteers may sustain or incur or which may be imposed upon them foi injury to or death of persons, of damage to property arising out of or any way connected to this License, and Licensee's negligent acts of omissions, or willful misconduct, associated with Licensee's conducting the Air Show authorized by this License, excepting only liability arising out of the sole negligence of City This section shall survive any termination or expiration of this License Section 11. Public Liability and Property Damage Insurance Licensee shall obtain Airshow insurance in compliance with the minimum scope and limit of insurance as outlined below A If Licensee maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Licensee Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City B Commercial General Liability (CGL) Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000 per occurrence If a general aggregate limit applies, either the general aggregate limit shall apply separately to the Airshow (ISO CG 25 03 oi 25 04), or the general aggregate limit shall be twice the required occurrence limit Coverage must include Liquoi Liability C Workers' Compensation Workers' Compensation insurance as required by the State of California, with statutory Iimits, and Employer's Liability Insurance with limits of no less than $1,000,000 pei accident for bodily injury D Additional Insured Status. City, and its elected and appointed officials, officers, employees, and volunteers shall be named as additional insureds on the CGL policy with respect to liability arising out of the rental of the facility, work of operations performed by of on behalf of the Licensee including materials, parts, or equipment furnished in connection with such work or operations General liability coverage can be provided in the form of an endorsement to the Licensee's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through 5 L IcaldjmlAgreeinentalangar24 Airfest License Agreeinent.ry No Fee jn.docx the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used) E Primary Coverage Licensee's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects City, and its elected and appointed officials, employees, and volunteers Any insurance or self-insurance maintained by City, shall be excess of the Licensee's insurance and shall not contribute with it F Waiver of Subrogation Licensee hereby grants to City a waiver of any right to subrogation which any insures of Licensee may acquire against City by virtue of the payment of any loss under such insurance Licensee shall obtain an endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer G Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A M Best's rating of no less than A VII, unless otherwise acceptable to City H Verification of Coverage Licensee shall furnish City with Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City All certificates and endorsements are to be received and approved by City at least five (5) days before Licensee commences activities I Liability Licensee will supply insurance which includes host liquor liability coverage If Licensee is using a caterer or other vendor to supply alcohol that vendor must have liquor liability coverage If Licensee intends to sell alcohol, either the Licensee or vendor providing the alcohol for sale must have a valid liquor sales license and liquor liability insurance covering the sale of alcohol J Auto Liability Auto Liability shall state that "Any Auto" be provided coverage for any vehicle used for the Airshow Section 12 Report to City's Airport Advisory Board Licensee shall provide a report to City's Airport Advisory Board at a regularly scheduled meeting no later than sixty (60) days following the Air show This section shall survive any termination or expiration of this License Section 13 Assignment Prohibited This License is personal to Licensee Licensee shall not encumber, assign, sublease or otherwise transfer this License, or any right or interest therein, without the prior written consent of City Any such encumbrance, assignment, sublease or transfer without such prior consent and approval of City shall constitute an immediate breach of this License and may, notwithstanding any other provision of this License and at the sole discretion of City, result in the immediate termination of this License Section 14 Attorneys' Fees In the event any action is commenced to enforce or interpret the terms or conditions of this License, the prevailing Party shall, in addition to any costs and other 6 L lealdjmlAgreeinents\Hangar24 Airfest License Agreement.ry No Fee.jn.docx relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in- house counsel by a Party This Section 14 shall survive any explanation or termination of this License Section 15 Notices Any notice of other communication required, or which may be given, pursuant to this License, shall be in writing Any such notice shall be deemed delivered (i) on the day of delivery in person, (n) five (5) days after deposit in first class registered mail, with return receipt requested, (ni) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice of in accordance with this section CITY City of Redlands Jeanne Donaldson, City Clerk P 0 Box 3005 Redlands, CA 92373 jdonaldson@cityofredlnds org 909-798-7531 LICENSEE Hangar 24 Charities Sue Cook, Air Fest Coordinator 1939 W Park Ave Redlands, CA 92373 scook@hangar24chanties org 951-543-2654 Section 16. Entire License/Amendment This License constitutes the entire agreement between the Parties with respect to the subject matter hereof Any prior verbal or written representations or agreements respecting the Premises not expressly set forth herein are null and void Any and all amendments to this License shall be in writing and executed by the Parties Section 17 Termination In the event of any default of this License by Licensee, in addition to any other rights or remedies City may have, City shall have the option of immediately terminating this License All remedies of City under this section shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have Section 18 Waiver. No waiver by either Party of any provision of this License, or waiver of any breach of this License, shall be deemed to be a waiver of any other provision of this License, or of any subsequent breach by either Party of the same or any other provision of this License Section 19 Severability If any provision of this License is held invalid or unenforceable for any reason by a court of competent jurisdiction, this License shall otherwise remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision was omitted 7 L Icaldj n'Agreements\Hangar24 Airfest License Agreeinent.ry No Fee.jn.docx \celled on the 2nd day- of Apt!! 2019. 'it Redlands ( allf wnia IY01'RI DLANDS ail W 1 os LI Muyoi )c. Donaldson (,It\ Clerk 8 f e; d 1i`,Agroennn4s,1 I in_,a}^4 ,1>rl'Lst } i . . Aatsnlorn r, No I cx_ In docs 11ANC,AR 24 ("1 lAR11 ILS 7 u� C ool. nu 1 est Coo' c(m ttol EXHIBIT "A" Preliminary Airshow Layout L 1caldpnlAgreements\Hangar24 Airiest License Agreement.ry No Fee.jn docx 2019 HANGAR 24 AIRFEST Draft Event Layout TAXIWAY SliACE MCA P LI 4 MAW CL RUNWAY REDLANDS MUNICPAL AIRPORT TAXIWAY YIP AYFA kr6 IMgNdq_NII Alp Away Q - " E r �I'�(1 = rk .1 Y w` L1 __g p AVIATION ,—HANDICAP PARKING VAN 30:r CROWDU. IA. - ��ryq (U 0 wl a u r - - + + + COYOTE HANGAR Orr V¢tkr- ■ • Y iII TAXIWAY - OYYY LAW aa�oo — $ r' o 0111. ID t� up-. ••` DRIVE Aal Y1,FWi : prN, .00r.. rrwr A-1 L 1ca\dpn\Agreements\l langai24 Airiest License Agreement.ry No Fee in docx EXHIBIT "B" Preliminary Street Sign Layout L lcaldpnlAgreements\Flangar24 Airfest License Agreement.ry No Fee.jn.dacx STREET SIGN DETAIL f. PIONEER AVE xi ROAD CLOSED TO THRU TRAFFIC ROAD CLOSED To THRU TRAFFIC Ix RIGHT TURN ONLY -- LUCAS LN E SAN BERNARDINO AVE CD IC E , W J § Qa T a CJ :C 7 W a , g C) a9 \ •a ST esc, q Oda Ix Ix SESSUMS s AVIATION DR ' fl I IX Ix Q_ \VIP VOLUNTEER -I� PARKING ENTRANCE 0 0 L� 0 aCC n !ZIVd NOISSIl V 1'' 13 0 z 0 X HANDICAP PARKING STAY IN RIGHT LANE X HANDICAP PARKING STAY IN RIGHT LANE Ix GENERAL ADMISSION PARKING — X GENERAL ADMISSION PARKING X VIP & VOLUNTEER PARKING X USER TAXI -- re v~i re 0 GI GI a a R c, r D w ii7add 11331l`f; X VT' & VOLUNTEER PARKING o ▪ n Y T a W 0 W. a © w ~ v. w 0 cn 4 a O • 5 X Ix Ix Ix UI ER TAXI E SAN BERNARDINO AVE X GENERAL ADMISSION PARKING --- X VIP & VGI_UNiEER POKING X uR,ER TAXI CO z w 1 B-1 L:IcaldjmlAgreementsll-Iangar24 Airfest License Agreeinenl.ry No Fee jn.docx EXHIBIT "C" Preliminary Airfest Sign Layout L 1ca\dpn\Agreements\E1angar24 Air€est License Agreementsv No Fee jn.docx AIRFEST SIGN MAP E. PIONEER AVE X E PIONEER AVE E SAN BERNARDINO AVE �� X X E LUGONIA FWY 10 0 AVE to c 0 z D rn X PEARL LEGEND X - "AIRFEST" SIGN R — "ROAD CLOSED TO THRU TRAFFIC SIGN S xl E 0 -r 0 0 1V N30i030 E. xi xI coLroN Fir xi f0 LUGONIA AVF x AVE SESSUMS DR - E / SAN BERNARDINO AVE rprm� D x U} o co T o n z tmi E LUGONIA AVE 0 COLTON AVE E CITUS AVE 0 z rn rn 5TH to z AVE 3AV HSV8VN5 C-1 L•1ca\djin\Agrecments\CTangar24 Airiest License Agrcement.ry No f ce.jn docx EXHIBIT "D" Preliminary Entrance Plan L IcaldjmVAgreements\l-Iangar24 Airiest License Agreement.ry No Fee jn.docx PUMMELO DRIVE AIRFEST 2019 ENTRANCE PLAN ROAD CLOSED ANu MANNED CHECKPOINTS ▪ VIP PARKING AND VOLUNTEER PARKIN, - GENERAL ADMISSION VOLUNTEERS ENTER EVENT AT THE END OF AVIATION DRIVE 1r AVIATION / =�'GENERALADMISSIOVIVE /, SAND VENDOR wr, PARKING TWO WAY JW �6 TRAFFICS / E POINEER AVE 11/ ROAD CLOSED TO EASTBOUND THROUGH TRAFFIC LUCAS LANE E SAN BERNARDINO AVE ivn ry w 0 HANDICAP PARKING ALONG AVIATION DRIVE VIPS & VOLUNTEERS ENTER EVENT PARKING HERE ON SESSUMS DRIVE ONE WAY TW0 WAY DRIVE TRAFFIC 1 �SESSLJMS VIP AND VOLUNTEER PARKING TRAFFIC DRIVE HANGAR 24 7- CC w w CC C) E SAN BERNARDINO AVE Li LAJ d LA 1- 2 f2 D-1 L \ca\dpn\Agreements\l-langar24 Airfest License Agreement.ry No I ecpn docx EXHIBIT "E" Preliminary Exit Plan L 1ca\dam\Agreements\Hangar24 Airfest License Ad eemeniry No Fee.jn docx 1- W W E POINEER AVE AVIATION GENERAL ADMISSI//DRIVE / & VENDOR PARKING4j..- / / POINEER AVE LUCAS LANE E SAN BERNARDINO AVE AIRFEST 2019 EXIT PLAN HANDICAP PARKING ALONG AVIATION DRIVE 4-)7 0 w -- = EVENT EXIT SESSUMS DRIVE VIP & VOLUNTEER PARKING LJ z W E SAN BERNARDINO AVE 1-- W W - cn E- 1 L 1ca\dpn\Agreementslk[angar24 Airfest License Agreemeniry No Fec.jn.docx EXHIBIT "F" Preliminary "No Parking" Plan L IcaldarnlAg eements\Hangar24 Acrfest License Ag eeinent.ry No Fee.jn.docx PUMMELD DRIVE E POINEER AVE AIRFEST 2019 NO PARKING PLAN = NO PARKING ZONE = NO EVENT PARKING ZONE HANDICAP PARKING ONLY ^'RIVE AVIATION DRIVE TIVOLI DRIVE 1— V) SESSUMS DRIVE w w` h , ry w ct LUCAS LANE Go 0 z _ 1— 0 V) C z Cr w ~ 0 0 0 E SAN BERNARDINO AVE E SAN BERNARDINO AVE w Q_ O 1- w w v▪ i F- I L \ca\dpn\Agreements\Hangar24 Ai test Liccnsl, Agreement.ry No Fee.jn.docx EXHIBIT "G" Preliminary Rideshare Plan L IcaldpnlAgreements\Hangar24 Anrfest License Ad eement.ry No Fee.jn.docx AIRFEST 2019 UBER/TAXI PICK UP AND DROP OFF = ROAD CLOSED AND MANNED CHECKPOINTS — — = UDER/TAXI PICKUP AND DROP OFF w CC cn E PQINEER AVE /// // DRIVE �P,VIA TION & VENDOR PARKING GENERAL ADMISSION UBER/TAXI DRIVERS USE VIP PARKING LOT AS PICKUP AND DROP OFF POINT DRIVE // / POINEER AVE ,/� < E LUCAS LANE E SAN BERNARDINO AVE z CC Q W LU z SESSUMS DRIVE VIP & VOLUNTEER PARKING x HANGAR 24 WABASH Inn E SAN BERNARDINO AVE G-1 L \ca\dj n\Agreements\Hangar24 Airiest License Agreement.ry No Fee+jn docx