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1
— I
m Date
Printed in U.S A GO 24 (OS-3 75)
ASSIGNMENT
FOR VALUE BECE1VED, the undersigned hereby transfers, sells and assigns to
Realands Flite Service TnC
effective as of An gi,Gr 1 197, all the undersigned's right, title and interest in and to
that certain Airport Dealer Agreement dated April 1 , 19-1 L-,
that certain._ImpradatedApr-i 1 1 , 19 75 ,
that certain Allowance Azreemenf- dated Aural 1 , 19 75
that certain Aviation Refneler Rental AzrPcm(-nt- dated Anr:L7 1 19 75 ,
that certaindated
-- - 19 ,
that certain dated 19 ,
that certain dated 19 ,
as now operati,.e between the undersigned and Standard 03-1 Company of California, Western operations,
Inc, relating to the premises located at 17&S SacC„Tnq ni-�1- ,
T R k E T o ff R F b
in the City of Redlands , State of !'a1-i fnrn-i n
more particularly described in said agreement(s).
In consideration of Standard's consenting to this assignment, the undersigned hereby agrees
with Standard to guarantee the above named assignee's performance under such agreement(s),
! y
AIRPORT DEALER AGREEMENT
Dated April. 1 , 19 75
THIS AGREEMENT by and between STANDARD OIL COMPANY OF CALIFORNIA, WESTERN OPERATIONS, INC ,
hereinafter called "Company,"and D• DAVIS DBA Pd I)LAI,I)S AVIATION , hereinafter called "Dealer,"
WITNESSETH
I Company hereby appoints Dealer its nonexclusive Dealer in Company's aircraft engine fuel and lubricating products at the
Redlands Airport Cit of Redland
_ y s County of San EerrtarA,ilno
State of California ,for the period from January 1, l9 75to December 31 31980 Company shall have
the option to extend the term of this agreement for a further period of years by giving to Dealer written notice of such
intention at least sixty (60) days prior to the expiration of the specified term After the expiration of the foregoing term and any
extension thereof by Company, this agreement shall continue from year to year unless otherwise terminated by either party giving to
the other written notice of its intention to so terminate this agreement at least thirty (30)days prior to tiie expiration of said term or
each yearly period
2 Company agrees to sell to Dealer, and Dealer agrees to buy from Company, not less than the minimum quantities per
contract year, and Company agrees to sell to Dealer -it Dealer s option additional quantities in each contract year hereunder not to
exceed the difference between the minimum and maximum quantities per contract year,of aircraft engine fuel and aircraft engine oil
set forth below
Product Minimum Annual Gallons Maximum Annual Gallons
Chevron Aviation Gasoline 74 ,800 129.000
In order to provide for increases and decreases in Dealer's use of petroleum products, the above minimum and maximum
quantities shall automatically be adjusted for each contract year on the same basis proportionate to Dealer's requirements as that on
which said quantities were established for the first contract year
Quantities delivered by Dealer under Paragraph 5 hereof shall not apply against the quantities above specified
The products to be delivered hezeunder shall be the regular brand or brands of aviation petroleum products as currently
marketed by Company at time and place of delivery
3 Deliveries shall be made in Company's customary manner The pace Dealer shall pay Company for deliveries hereunder shall
be Company's posted tank truck price to airport dealers generally at time and place of delivery for the particular product and quantity
involved Free time and detention charges, if any, will be in accordance with governing tariffs of carrier on file with federal and/or
state regulatory agencies or, if Seller's equipment is used for delivery of product hereunder, in accordance with Seller's schedule of
charges in effect at time of delivery Buyer shall pay Seller any and all such charges Such payments,if any,shall be in addition to the
prices otherwise herein provided for
4 Terms shall be net cash at time of delivery except at Company's option
5 Dealer shall, at Company's request, male deliveries of aircraft engine fuels and aircraft engine oils for Company's account to
customers under contract with Company, such as airlines aircraft factories, State and Federal Governments,etc At time of delivery
Dealer shall obtain the customer's signature on a Company invoice completed in all respects except as to the price which shall be filled
in by Company Dealer shall bill Company at least once each month on Itis own invoices for the into-plane service charges set forth
below connected with such deliveries to Company s contracted customers, attaching thereto such incompleted Company invoices
Dealer shall be credited by Company at Dealer's cost (based on Company's last invoice to Dealer) for the particular product mvoived
sold to Dealer by Company plus applicable airport fees, and such crediting by Company shall constitute a return to Company's
inventory of the product so delivered and not a resale of the product by Dealer to Company The into plane service charges shall be
Dealer's sole compensation from Company for making said deliveries
The into plane service charges for Company's aircraft engine fuels shall be
0 to 100 gallons $ •06 per gallon
101 to 500 gallons $ F, per gallon
501 to 1 500 gallons $ ( per gallon
1,501 to 3,500 gallons $ per gallon
3,501 to 7 500 gallons $ per gallon
7,501 and over $ U per gallon
The into plane service charge for Company's aircraft engine oils shall be $ 5 per gallon
6 The additional provisions printed on the reverse side hereof are herebg made a part of this agreement
IN WITNESS WHEREOF the parties hereto have executed this agreement in triplicate
AV1 1?calci STA ARD Q1L C 1' NY OF CAI 11 01tNIA,
VJ WE ERN �3 I;,3-rAT O S,INC ,Company
DBA REDLANDS AVIA:CION By � r
IDLE A].E r!)WAGER s zso(CD-5 vzl
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7 The products covered by this agreement shall be sold by Dealer as the products of Company and only tinder the trademarks
or brands regularly used by Company for such products Upon written notice from Company of upon any termination of this
agreement, Dealer shall discontinue the use in any manner of the trade marks,brands, or color schemes regularly used by Company
8 There shall be no obligation to deliver or to receive or use the said products when and while, and to the extent that, the
receiving or using or manufacturing or making dehveries in the customary manner are prevented or hindered by act of God, fire riot,
labor disturbances, accident, war,acts of any government(whether foreign or domestic, federal, state, county or municipal),partial or
total interruption or loss of shortage of transportation facilities or supplies,shortage of products deliverable hereunder due to shortage
in the supply of available crude oil or natural gas curtailment of business, or by other causes beyond tite control of the parties,
whether similar to the causes hereinbefore specified o€ not
9 Any tax, tariff, duty, toll, fee,impost,charge or other exaction, or the amount equivalent thereto, and any increase thereof,
now or hereafter imposed, levied or assessed by any governmental authority upon, measured by, incident to or as a result of the
transaction herein provided for or the transportation, importation, production, manufacture,use or ownership of the goods or source
materials thereof the subject matter of this agreement, shall, if collectible or payahle by Company, be paid by Dealer on demand by
Company Any such payments shall be in addition to the prices otherwise herein provided for
10 If Company has provided or will provide at said airport, airplane fueling facilities which are or may be marled as furnished
by Company, such facilities shall be used for the storage, sale,and delivery, exclusively, of Company's petroleum products during the
term of this agreement Dealer shall keep said facilities in good working order and exercise due care in the operation thereof, and
Dealer shall not remove Company's colors, brands, or trade marks therefrom Dealer agrees that at any time or from time to time
during the term of this agreement and upon or within a reasonable time after the expiration or other termination of this agreement,
Company may remove said facilities from said location
1 I If after the date hereof there shall be any increase in the rental charged for the storage of gasoline or lubricating products,or
for the maintenance of fueling facilities and storage space at said airport, or for tiie right to engage in the resale of petroleum products
hereunder, the amount of such increase shall, if chargeable to or payable by Company, be paid to Company by Dealer on demand by
Company
12 Dealer agrees to protect, defend and hold Company harmless against any and all claims for damage to or loss of property or
injury to or death of any persons (including the person or property of Dealer and Dealer's employees and representatives) directly or
indirectly resulting from any acts or omissions of Dealer or Dealer's employees in or about the said premises or in the maintenance and
operation of the tankage, containers, pipes,pumps,and other facilities thereon or in the performance of this agreement
13 Dealer agrees to conduct all operations hereunder in strict compliance with all applicable laws,ordinances and regulations of
governmental authorities Dealer will pay all expenses of storage,handling,sale and distribution of said products or incidental thereto
In the performance of this agreement Dealer is engaged in an independent business and nothing herein contained shall be
construed as reserving to Company any right to control Dealer with respect to his conduct in the performance of this agreement
Company reserves no right to exercise any control over any of Dealer's employees and all employees of the Dealer shall be entirely
under the control and direction of Dealer, who shall be responsible for their actions and omissions Dealer will, at his own expense,
during the term hereof, maintain full insurance under any Workmen's Compensation Laws effective in said state covering all persons
employed by and working for him in connection with the performance of this agreement, and upon request shall furnish Company
with satisfactory evidence of the maintenance of such insurance Dealer accepts exclusive liability for all contributions and payroll
taxes required under Federal Social Security Laws and State Unemployment Compensation Laws as to all persons employed by and
working for him in connection with the performance of this agreement
14 Should Company be called upon hereunder to make deliveries in drums to be furnished by Company, the drums so
furnished shall be Company's returnable steel drums which will remain Company's property and will be so designated Company's
applicable deposit charge for each such drum will be invoiced to Dealer at time of delivery Such deposit will be payable in accordance
with the terms established by Company for the payment of merchandise, and will be held as security,without interest, to insure the
return of such returnable steel drums All such deposit charges will be fully refunded to Dealer upon the return of Company's drums in
good condition within a reasonable length of time,otherwise the deposit will be forfeited
15 If, during the term of this contract,Company markets any products covered herein in non-returnable drums,Company shall
have the right to make deliveries to Dealer of such products in non returnable drums The price for the products so marketed shall
include the value of the container and the container shall become the property of Dealer In such event, the price to Dealer for a
product so delivered shall not exceed the applicable returnable drum price plus the difference between Company's established price for
such product at place of delivery in returnable and non returnable drums on the date of change over to the non-returnable basis
16 Dealer may sell, on credit cards approved by Company, products purchased from Company,provided, however, that all such
credit sales shall be subject to such terms and conditions, and limited to such merchandise or services as Company may from time to
time designate
17 The provisions of this agreement shall inure to the benefit of Company and of its assigns This agreement shall not be
assignable without the prior written consent of Company The waiver by Company of any default by Dealer shall not be deemed a
continuing waiver of such default or the waiver of the default of any other provision hereof
18 This agreement shall, as of the commencement date hereof, terminate all prioi agreements or understandings covering the
sale of said products at said airport
19 If Company is a party to a lease or concession agreement at the above airport and said lease or concession agreement is
terminated in any way,by Company or otherwise, this agreement may be terminated at any time thereafter at Company's option
20 If Dealer breathes any provision hereof and said breach is not remedied within ten days after notice by Company Company
may at its option terminate this agreement forthwith.
SUPPLEMENT A
AGREEMENT DATES APRIL 1, 1975, BETWEEN
STANDARD OIL COMPANY OF CALIFORNIA, WESTERN OPERATIONS, INC.,
AND F. D. DAVIS Dba REDLANDS AVIATION
Due to uncertainties in the supply/demand situation, Seller may not have sufficient
supplies of one or more products from its then contemplated sources of supply to
meet at one or more delivery points hereunder the full requirements of all of its
customers, contract or otherwise. Whenever that situation exists and Sellerts per-
formance hereunder is not otherwise excused, Seller may reduce deliveries of such
product(s) at such delivery point(s) on any basis which in Seller's opinion is
equitable, allowing for such priorities to such classes of customers as Seller
deems appropriate. No such reduction need be made up. If any such reduction oc--