HomeMy WebLinkAboutContracts & Agreements_2-14 AIR_CCv0001.pdf AIRCRAFT TIE-DOWN PERMIT
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1. Parties. This permit is issued this 27th day of February 2014 ("Date of
Issuance") by the City of Redlands (hereinafter "City") to Chris Novotny, hereinafter
referred to as "Permittee".
2. Tie-Down Area Identified. City permits Permittee use of the aircraft tie-down
space at Redlands Municipal Airport as follows:
Aircraft Tie-Down Area-, Space Number:
3. Identification of Aircraft: Permittee hereby agrees that only the following aircraft
shall be tied down within the tie-down space:
Aircraft
Registration No.: N9339J
Make: PA28-180C
Engine: Lyc.
Registered Owner
Name: Christopher Novotny
Address: P.O. Box 551, Running Springs, CA 92382
Phone No.: 909-222-7145
4. Term. The term of this permit shall commence on the Date of Issuance by City
and shall continue thereafter for a period of Done day ❑ one month Mone year,
unless earlier terminated by City.
5. Fees. Fees for the tie-down space shall be fifteen dollars ($15.00) per day or
any portion of a day, payable in advance of each day or portion of a day such tie-down
space is requested, and/or forty-two and 50/100 ($43.50) per month, payable in advance,
commencing on the Date of Issuance of this permit and continuing day to day, and/or if a
monthly permit is selected, monthly thereafter. In the alternative, Permittee may pay an
annual fee, in advance, in the amount of four hundred sixty seven and 50/100 dollars
($467.50)with the understanding that, should this permit be revoked and terminated prior
to one year, the fees will be pro-rated on a monthly basis. Should this permit commence
on a day other than the first day of a calendar month, minimum monthly rent for that partial
calendar month shall be pro-rated at the rate of one and 43/100 dollars ($1.42) per day, to
and including the last day of the partial calendar month, payable on the day the permit
commences.
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6. Late Charges for Monthly/Annual Permit. Permittee acknowledges that late
do payment will cause City to incur certain administrative costs. Such costs include, without
limitation, processing, accounting and interest charges. Therefore, if any fee payment due
from Permittee for a monthly and/or annual permit is not received by the tenth day of each
month, Permittee shall pay to City an additional sum equal to twenty-five percent(25%) of
the monthly tie-down fee as a late charge. Payments shall be made payable to the City of
Redlands and may be mailed to City Treasurer, PO Box 3005, Redlands, CA 92373.
7. Security Deposit. Prior to the commencement of the term of any monthly or
annual permit, Permittee shall furnish City with a check or cash deposit, in the amount of
forty-two and 50/100 dollars ($43.50) which amount equals one (1) month's permit
payment to be used by City in the event that Permittee is in default of any fee payments, or
any of the provisions of this permit. If and when Permittee pays one year's tie-down fee in
advance, no deposit shall be required.
If Permittee defaults or any of the provisions of this permit, City may use, apply or
retain the whole or another sum of this security for the payment of any unpaid fees or for
any other costs which City may incur by reason of Permittee's default. Should Permittee
fully and faithfully comply with all of the terms, provisions, covenants and conditions of this
permit, the security or any balance of the security shall be returned to Permittee at the
expiration of this permit.
8. Attorneys' Fees. In the event any legal action is commenced to enforce or
interpret any term or condition of this permit, the prevailing party in such action, in addition
to costs and any other relief, shall be entitled to its reasonable attorneys' fees, including
fees for use of in-house counsel.
9. Insurance. If this permit is on a monthly and/or annual basis, Permittee shall
secure and maintain in force throughout the duration of this Permit general aviation liability
in the amount of one million dollars ($1,000,000) per occurrence for public liability, property
damage and personal injury. Permittee shall provide City with a certificate of insurance
and obtain an endorsement that City shall be named as an additional insured prior to
occupying the tie-down space.
10. Hold Harmless. Permittee shall defend, indemnify and hold harmless City, its
elected officials, officers, employees and agents, from and against any and all actions,
claims, demands, lawsuits, losses and liability for damages to persons or property,
including costs and attorneys' fees, that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision or other organization arising out of or in connection
with Permittee's negligent and/or intentionally wrongful acts or omissions under this Permit,
but excluding such actions, claims, demands, lawsuits and liability for damages to persons
or property arising from the sole negligence or intentionally wrongful acts of City, its
officers, employees or agent.
11, Release. Permittee hereby voluntarily releases, discharges, waives and
relinquishes any and all actions or causes of action it may have for personal injury,
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property damage or wrongful death occurring to them arising as a result of the lease of the
aircraft tie-down space at Redlands Municipal Airport, and any activities incidental thereto,
wherever or however the same may occur. Further, Permittee does, for itself, and its
employees and their heirs, executors, administrators and assigns, hereby release, waive,
discharge and relinquish any action or causes of action, which may hereafter arise for
Permittee and City's employees' estates, and agrees that under no circumstances will
Permittee or its heirs, executors, administrators and assigns prosecute or present any
claim for personal injury, property damage or wrongful death against the City of Redlands
or any of its elected officials, officers, agents or employees for any of said causes of
action, whether the same shall arise by the negligence of the above said persons, or
otherwise.
IT IS THE INTENTION OF PERMITTEE BY THIS INSTRUMENT TO ASSUME ALL RISKS
ATTENDANT WITH ITS ACTIVITIES OF TYING DOWN ITS AIRCRAFT AT THE
REDLANDS MUNICIPAL AIRPORT AND TO EXEMPT AND RELIEVE CITY FROM
LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE AND WRONGFUL DEATH
CAUSED BY NEGLIGENCE.
12. Conformance with Law. Permittee shall abide by all laws, rules and regulations
of the Federal Aviation Administration, the State of California, City and all public authorities
having jurisdiction over operations at the Redlands Municipal Airport.
13. Acceptance of Tie-Down Space. Permittee accepts the aircraft tie-down space
and tie-down equipment provided by City and agrees to properly use the equipment to
secure his/her aircraft.
14. Maintenance of Tie-Down Space. Permittee shall maintain the tie-down space
in a neat, clean, orderly and sanitary condition at all times.
15. Right to Enter Tie-Down Space. City shall have the right to enter the tie-down
space at all times for inspection or maintenance as may be necessary to protect the public
safety and welfare.
16. Use of Tie-Down Space. No person, partnership, firm or corporation shall
conduct any commercial activity or business of any kind at the Redlands Municipal Airport
without first obtaining the written consent of City to conduct such business or commercial
activity.
17. Aircraft Repair and Maintenance., Only minor maintenance is allowed in the tie-
down space. Major maintenance is authorized in other areas of the Redlands Municipal
Airport.
18. Continuance and Termination. This permit may be revoked and terminated by
City for a day permit, upon four (4) hours prior written notice-, to Permittee and for a
monthly or annual permit, upon thirty (30) days prior written notice to Permittee; provided,
Id however, that when Permittee is in default of any provision of this permit, City may revoke
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and immediately terminate this permit.
19. Nontransferable Permit. Permittee shall not transfer this permit to any other
person or entity, voluntarily or involuntarily, and no such transfer shall be binding upon City.
Any attempted transfer shall immediately result in termination of this permit.
20. Tie-Down Space Limitations. Each tie-down space is limited to the assigned
aircraft, or the vehicle that the pilot used in arriving at the tie-down space. No other items
will be allowed to be parked or stored in the tie-down space.
21. Acknowledgment. Permittee hereby acknowledges it has read and understands
the terms and conditions of this permit.
22. No Interest or Estate. Permittee agrees that it does not have and shall not
claim at any time any interest or estate of any kind whatsoever in its use of a tie-down
space.
CITY: PERMITTEE:
City of Redlands
Quality of Life Department
Airport Division
By: Sheri A Setfasti B
Date: 2/27/14 Date:
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