HomeMy WebLinkAboutLicense Agree - Int'l Aerobatic Club Chapter 26LICENSE AGREEMENT BY AND BETWEEN THE CITY OF REDLANDS AND
INTERNATIONAL AEROBATIC CLUB CHAPTER 26
This License Agreement ("License") is made and entered this 25th day of July 2023
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and
International Acrobatic Club Chapter 26 ("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 event consisting of an International Aerobatic
Club -sanctioned aerobatic competition ("Event") at the Redlands Municipal Airport ("Airport"),
located at 1755 Sessums Drive ("Premises"); and
WHEREAS, City has approved prior use of the Airport for similar aerobatic competitions
open to the public outside all airport operational areas; (i.e. with limited public attendance in so
much as airport can accommodate public parking lot and small park area):
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 the Airport to Licensee, 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 International Aerobatic Club Chapter 26 agrees as follows:
AGREEMENT
Section 1. Premises. City hereby grants to Licensee a License to conduct the Event at the
locations specified in Exhibit "A" (the "Premises") titled "Airport Layout 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 or 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.
C. The consideration paid by Licensee pursuant to Section 4 of this License is
consistent with the value of the rights comprising the License privilege; the consideration is not
consistent with the higher market value for a greater right, privilege or interest (such as a lease) in
the Premises.
Section 3 .Term. The term of the License shall commence on August 31, 2023, and terminate
on September 3, 2023, unless earlier terminated as provided for herein. Licensee shall have no
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right to remain on or within the Premises for any purpose after expiration, or the earlier
termination of, this License.
Section 4. Use of Premises.
A. The Premises shall be used by Licensee solely for the purpose of conducting the
official International Aerobatic Club competition event at the Airport.
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 including, but not
limited to, City's Municipal Code provisions governing the Airport.
C. The hours of operation for the Event shall be limited to the following:
i. August 31, 2023, from 7:00 a.m. until 8:00 p.m.; Set Up
ii. September 1, 2023, from 7:00 a.m. until 10:00 p.m.; Registration & Practice
iii. September 2/3, 2023, from 7:00 a.m. until 10:00 p.m.; Contest Flying
D. Licensee may commence Event set-up within the areas identified in Exhibit "A,"
on August 31, 2023, beginning at 7:00 a.m. Taxiway and hangar access for aircraft housed and
visiting at the Airport will be maintained.
E. Tear down and clean-up of the Event shall commence immediately following the
end of the Event and shall be completed no later than 10:00 p.m. on Sunday, September 3, 2023.
F. Licensee shall ensure that all airport gates used by the Event staff are properly
closed and secured after each use.
G. Licensee guarantees that the Event is open to the public outside all airport
operational areas and the Airport will remain open to local and transient aircraft during the Event
with FAA -approved temporary changes to the fixed -wing flight pattern.
H. Licensee shall provide a sufficient number of adequate trash receptacles in the
parking areas and the Event area, identified in Exhibit "A". The airport ramps utilized in the
course of the Event shall be expediently cleared of all trash and debris that may pose a threat to
airport operations.
I. Licensee shall obtain all required federal, state and local agency permits, copies
of which shall be submitted to the Airport Supervisor prior to the Event.
J. Licensee shall manage ground and air safety by licensed and certified staff at all
times during the Event.
K. Licensee shall require attendees to park only within designated parking areas.
L. Licensee's operation of the Premises shall not include the sale of goods or
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services.
Section 5. Final Plan Submittals.
A. Licensee shall submit to City for review and approval a final layout plan by close
of business, August 24, 2023. The final layout shall be reviewed and approved by City's Assistant
Facilities & Community Services Director or Assistant City Manager.
B. All plans and documents related to the Event and submitted to City shall reflect
City Council approvals and any other changes required by the Council and/or staff. This condition
applies to all Event layouts, schedules, or plans submitted to City in connection with the Event.
Section 6. Indemnity. Licensee, and its agents and employees (collectively, "Licensee")
shall defend, indemnify, protect and hold harmless City, and its elected and appointed officials,
officers, employees, agents and volunteers from and against any and all claims, demands, losses,
defense costs, fines penalties, expenses, causes of action and judgements at law or in equity, or
liability or any kind or nature, whether known or unknown, (including without limitation, third
party claims with attorneys' fees) which City, or its elective and appointive boards, officials,
officers, employees, agents and volunteers may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damage to property arising out of or any way connected
to this License, and the Licensee's negligent acts or omissions, or willful misconduct, associated
with Licensee's conducting the event authorized by this License, excepting only liability arising
out of the sole negligence of the City. This section shall survive any termination or expiration
of this License.
Section 7. Public Liability and Property Damage Insurance. Licensee shall obtain Event
insurance in compliance with the minimum scope and limit of insurance as outlined below:
A. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars
($3,000,000) aggregate, for public liability, property damage and personal injury is required. City
shall be named as an additional insured and such insurance shall be primary and non-contributing
to any insurance or self-insurance maintained by City.
B. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property damage
liability. This coverage shall include all Contractor owned vehicles used in connection with
Contractor's provision of the Services, hired and non -owned vehicles, and employee non -
ownership vehicles. City shall be named as an additional insured and such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by City.
C. Licensee shall furnish the City with original 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 the City at least five (5) days before Licensee commences activities.
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Section 8. Special Risks or Circumstances: City reserves the right to modify these
requirements based on the nature of the risk, prior events, insurance coverage, or other special
circumstances.
Section 9. 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 10. 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
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-
house counsel by a Party.
Section 11. Notices. Any notice or 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; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) 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.O. Box 3005
Redlands, CA 92373
j donaldson@cityofredlnds.org
909-798-7531
LICENSEE:
IAC Chapter 26
c/o Susan Bell, President
22240 Broken Lance Rd.
Apple Valley, CA 92307
susanbellfilm@gmail.com
323-377-1125
Section 12. 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 13. 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 14. 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,
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or of any subsequent breach by either Party of the same or any other provision of this License.
Section 15, 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 construedin all respects as if such invalid or unenforceable provision
was omitted.
Executed on t `541''d ly of July 2023, at Redlands, California
CITY y5 E ANDS IAC Chapter 26
4
ie
Tejeda, Mayor
ATTEST:
e Donaldson, City Clerk
-- vS 4 Eu-
n Bell, Pre ident
S a
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Exhibit A — Airport Event Layout Plan
Notes:
5tatt to PA:ratur CTAF Frequc'cy
Staff a Starte, art Ready line
Arport as open, t`neYLare n0 TfP.
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75 P.lats, 1udFcs, 4ciarrcrs rC Grct.nd Crews estimated
2C 25 ptanes estimated
interested t3.t1K :-nay attend as arpert punk' use nc aar/sscc, tee
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Legend:
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— )adtrsstar, scaan;, rca wth Pitt a Pct Covcv-Cey 7r : r: 2E;
NM .s.crcbatc arcra& carkrg
an Pict Witting :re caning :tea in Man Labbr
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