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HomeMy WebLinkAboutContracts & Agreements_189-2018 FIRST AMENDMENT TO THE AIRCRAFT PURCHASE AND SALE AGREEMENT This first amendment ("First Amendment") to the purchase and sale agreement dated October 2, 2018 (the"Agreement"),by and between the City of Redlands, a municipal corporation ("City"), and Tom Dobbertm, an individual ("Buyer"), is made and entered into this 16th day of October, 2018 RECITALS WHEREAS, it is the desire of the City and Buyer to amend their existing Agreement, specifically Section 3, entitled "Delivery of Aircraft" to extend the delivery time frame of the aircraft, and Section 6, entitled " Insurance and Indemnification" to modify the insurance provisions of the Agreement, NOW, THEREFORE, City and Buyer agree as follows AGREEMENT Section 1 Section 3 A of the Agreement is hereby amended to read as follows A City shall deliver, and Buyer shall accept, the Aircraft at City's address ("Delivery Location")within twenty(20)business days from the Effective Date of this Agreement City shall ensure that the Aircraft is delivered in the same condition as when last inspected by Buyer or, if no Buyer inspection has occurred, as of the Effective Date of this Agreement Section 2 Section 6 D of the Agreement is hereby amended to read as follows D Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars($1,000,000)per occurrence for public liability,property damage and personal injury is required City shall be named as an additional insured and such msurance shall be primary and non-contributing to any insurance or self-insurance maintained by City Section 3 All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of October 16, 2018 CITY OF REDLANDS BUYER By J~ aul W Foster, Mayor Tom Dobbertin L 1ca\djm\Agreementsl1 st Amendment to Aircraft Purchase sale Agmt.docx ATTEST Je e Donaldson, City Clerk 2 L 1caldjm\Agreementsllst Amendment to Aircraft Purchase Sale Agmt.docx EXHIBIT "B" ACCEPTANCE CERTIFICATE THIS ACCEPTANCE CERTIFICATE is delivered, as of the date set forth below, by Tom Dobbertm,with an address of 1136 Kimberly Place,Redlands,California 92373 ("Buyer"),to City of Redlands,with an address of 35 Cajon Street, Redlands, California 92373 ("City"),pursuant to the Aircraft Purchase and Sale Agreement between Seller and Buyer dated October 2, 2018 (the "Agreement") Buyer hereby indicates and confirms to City that Buyer has, at Redlands, California, on 0C)-e0o/r IF, 2018, in accordance with the provisions of the Agreement accepted one used 1967 Cessna 172H aircraft, Senal Number 17256180, Federal Aviation Adnumstratzon Registration N3280L, together with all parts, items of equipment, instruments, components, and accessories(collectively, the"Aircraft") BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE AIRCRAFT AND EQUIPMENT AND THE LOGBOOKS AND OTHER RECORDS RELATING THERETO AND THAT THE AIRCRAFT, EQUIPMENT, AND LOGBOOKS AND OTHER RECORDS ARE FULLY SATISFACTORY TO IT EXECUTION AND DELIVERY OF THIS DELIVERY RECEIPT BY BUYER SHALL BE CONCLUSIVE EVIDENCE FOR ALL PURPOSES THAT (i)ALL CLOSING CONDITIONS SET FORTH IN SECTION 4 OF THE AGREEMENT HAVE BEEN COMPLIED WITH, AND (n) THE CONDITION OF THE AIRCRAFT, EQUIPMENT, AND LOGBOOKS AND OTHER RECORDS RELATED THERETO, AS DELIVERED, ARE FULLY SATISFACTORY TO BUYER AND IN ACCORDANCE WITH THE AGREEMENT BUYER HEREBY ACCEPTS THE AIRCRAFT"AS-IS,WHERE-IS," AS PROVIDED IN THE AGREEMENT IN WITNESS WHEREOF, Buyer has caused this instrument to be executed and delivered by its duly authorized officer at the date and time of delivery set forth above TOM DOBBERTIN By yt.` Date. /d-I f— A O 1d' 7 1 1ca1djm\Agreemcnt&\Aircraft Purchase Sale Agreementlinal.docx EXHIBIT "C" AIRCRAFT SILL OF SALE 8 11cMdjm\AgreementsWreraft Purchase Sale Agreement.Fcnal.docx