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HomeMy WebLinkAboutContracts & Agreements_2-19 AIRC J it,/ (o P y AIRCRAFT TIE -DOWN AGREEMENT 1 Parties This permit is issued this 9th day of June 2019 ("Date of Issuance"), by the City of Redlands (hereinafter "City") to David James (hereinafter referred to as "Tenant ") 2 Tie -Down Area Identified The City permits Tenant use of the aircraft tie -down space at Redlands Municipal Airport as follows Aircraft Tie -Down Area WEST RAMP Space Number A2 3 Identification of Aircraft. Tenant hereby agrees that only the following aircraft shall be tied down within the tie -down space FAA Registration No N34757 Aircraft Make Cessna Registered Owner David C James Address 226 S La Salle St, Redlands, CA 92374-5598 Phone No . 909-389-9428 Email. dchrisjames@verizon net 4 Term The term of this permit shall commence on the Date of Issuance by City and shall continue thereafter for a period of one year, unless earlier terminated by City 5 Fees Tenant shall pay an annual fee, in advance, in the amount of four hundred seventy- eight dollars and fifty cents ($478 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 at the rate of one and 45/100 dollars ($1 45) per day, to and including the last day of the partial calendar month, payable on the day the permit commences 6 Late Charges for Monthly/Annual Permit Tenant acknowledges that late 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 Tenant for a monthly and/or annual permit is not received by the tenth day of each month, Tenant 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 of Redlands Revenue Division, PO Box 3005, Redlands, CA 92373 7 Security Deposit Prior to the commencement of the term of any monthly or annual permit, Tenant shall furnish City with a check or cash deposit, in the amount of forty-three REI Tie Down Agreement 2019 and 50/100 dollars ($43 50) which amount equals one (1) month's permit payment to be used by City in the event that Tenant is in default of any fee payments, or any of the provisions of this permit If and when Tenant pays one year's tie -down fee in advance, no deposit shall be required If Tenant 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 the City may incur due to Tenant's default Should Tenant fully and faithfully comply with all of the terms, provisions, covenants, and conditions of this permit, the security deposit, or any balance of the security shall be returned to Tenant 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, Tenant 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 Tenant 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 Tenant 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 Tenant'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 Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action it may have for personal injury, 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, Tenant 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 Tenant and City's employees' estates, and agrees that under no circumstances will Tenant 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 Page 12 REi Tie Down Agreement 2019 IT IS THE INTENTION OF TENANT 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 Tenant 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 Tenant accepts the aircraft tie -down space and tie -down equipment provided by City and agrees to properly use the equipment to secure their aircraft 14 Maintenance of Tie -Down Space Tenant 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 upon thirty (30) days prior written notice to Tenant, provided, however, that when Tenant is in default of any provision of this permit, City may revoke and immediately terminate this permit 19 Nontransferable Permit Tenant 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 Tenant hereby acknowledges it has read and understands the terms and conditions of this permit 22 No Interest or Estate Tenant agrees that they do 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 REI Tie Down Agreement 2019 CITY OF RE By /At/ C ns Boatman, Director Quality of Life Department TENANT By. 0/1).-1-1 C ht4' David C James ATTEST ne Donaldson, City Clerk Page 14 REI Tie Down Agreement 2019 ,FAA );2egistry Aircraft - N Number Inquiry https //registry faa gov/aircraftinqunry/NNum_Results aspx9NNumberb F REGISTRY N -Number Inquiry Results Aircraft Description Serial Number Manufacturer Name Model Type Aircraft Pending Number Change Date Change Authorized MFR Year Type Registration Registered Owner Name Street City County Country Airworthiness Engine Manufacturer Engine Model A/W Date N34757 has Assigned/Multiple Records 17701983 CES SNA 17713 Fixed Wing Single -Engine None None 1973 Individual JAMES DAVID C 226 S LA SALLE ST REDLANDS SAN BERNARDINO UNITED STATES LYCOMING O&VO-360 SER 09/08/1973 Status Certificate Issue Date Expiration Date Type Engine Dealer Mode S Code {base 8 I oct) Mode S Code (base 16 / hex) Fractional Owner Classification Category Exception Code Valid 09/16/1976 06/30/2021 Reciprocating No 50755166 A3DA76 NO State Zip Code Standard Normal Utility No CALIFORNIA 92374-5598 The information contained in this record should be the most current Airworthiness information available in the historical aircraft record However, this data alone does not provide the basis for a determination regarding the airworthiness of an aircraft or the current aircraft configuration For specific information, you may request a copy of the aircraft record at http //aircraft faa gov/e iiovfND Other Owner Names 6/6/2019 10 16 A FAA Registry - Aircraft - N -Number Inquiry Temporary Certificates Fuel Modifications Deregistered Aircraft Deregistered Aircraft 1 of 1 Serial Number Manufacturer Name Model Year Manufacturer Reason for Cancellation Type Registration Name Street City State County Country Engine Manufacturer Engine Model A/W Date 1317 CESSNA T-50 None Cancelled Corporation https //registry faa.gov/aircraftinquiry/NNurnitesults.aspx9NNumbertx None None None Aircraft Description Certificate Issue Date 03/11/1942 Mode S Code (base 8 / oct) 50755166 Mode S Code (base 161 hex) A3DA76 Cancel Date 08/27/1948 Export To None Aircraft Registration prior to Deregistration PAN AMERICAN AIR FERRIES INC 135 EAST 42ND STREET NEW YORK NEW YORK Zip Code 10017 NEW YORK UNITED STATES None None None Deregistered Airworthiness Classification Category Exception Code Deregistered Other Owner Names None Unknown None No PIA in In 1G AR GLOBAL AEROSP.C! GLOBAL AEROSPACE, INC CERT 1 FI CATE OF I NS UR ANCE THIS CERTIFICATE IS GIVEN AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ADDRESSEE Date February 22 2019 This is to certify to City of Redlands 35 Cajon Street Redlands, CA 92373 that the policies listed below have been issued to the following for the period indicated by One of More Member Companies of Global Aerospace Pool through Global Aerospace, Inc David James 226 South LaSalle St Redlands, CA 92374 Policy No 10085961 Policy Period From February 22, 2019 to February 22, 2020 COVERAGES. Aircraft Liability Limits of Liability Single Limit Bodily Injury and Property Damage $1,000,000 $100,000 Liability Including Passengers Each Occurrence Each Passenger AIRCRAFT. Year, Make and Model of Aircraft 1973 CESSNA 177E Identification No N34757 It is agreed that only as respects any written agreement between the Named Insured and the certificate addressee and entered into as a prerequisite to the use of an airport by the Named Insured 1 As respects any aircraft a) Described in this certificate, b) Which is the subject of the extended insurance provisions of Insuring Agreement V TEMPORARY USE OF SUBSTITUTE AIRCRAFT, or c) Which is the subject of the extended insurance provisions of Insuring Agreement VII AUTOMATIC INSURANCE FOR NEWLY ACQUIRED AIRCRAFT for which insurance is afforded by Liability Coverage D - Single Limit Bodily Injury and Property Damage Liability and the maintenance or use of the premises in or upon which the aircraft is stored the definition of Insured includes the certificate addressee, but only with respect to its liability because of acts or omissions of the Named insured and to no greater extent than the scope of the insurance afforded by this policy 2 Unless otherwise indicated in this policy, the policy shall not apply to any assumption of the liability of the certificate or airport authority described in the Schedule by the Named Insured for bodily injury or property damage caused by an occurrence arising out of any service performed by or on behalf of the certificate addressee 3 In the event the policy is cancelled by the Company, thirty (30) days prior written notice shall be given to the certificate addressee 4 The Company waives any right to recovery it may have against the certificate addressee because of payments it makes for physical damage in accordance with Insuring Agreement III PHYSICAL DAMAGE COVERAGES, but only to the sante extent that the Named Insured has waived its right of recovery for such physical damage against such person or organization GW_Z005 Page 1 of 2 5 The insurance the policy provides to the certificate addressee is primary insurance, without right of contribution from insurance purchased by the certificate addressee, only if the written agreement between the Named Insured and the certificate addressee contains an express requirement that the insurance operate in that manner 6 Premises Liability is included in the Limits of Liability shown as the Each Occurrence Limit 7 The insurance afforded applies separately to each Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies This certificate does not amend, extend or otherwise alter the coverages afforded by the policies described herein Limits may have been reduced by paid claims GLOBAL AEROSPACE, INC BY G W Z005 Page 2 of 2 ADDITIONAL INSURED - GOVERNMENT OR AIRPORT AUTHORITY In consideration of the payment of the premium for this policy, it is agreed that only as respects any written agreement between the Named Insured and the government or airport authority described in the Schedule and entered into as a prerequisite to the use of an airport by the Named Insured 1 As respects any aircraft (a) Described in Item 4 of the Declarations, (b) Which is the subject of the extended insurance provisions of Insuring Agreement V TEMPORARY USE OF SUBSTITUTE AIRCRAFT, or (c) Which is the subject of the extended insurance provisions of Insuring Agreement VII AUTOMATIC INSURANCE FOR NEWLY ACQUIRED AIRCRAFT for which insurance is afforded by Liability Coverage D - Single Limit Bodily Injury and Property Damage Liability and the maintenance 01 use of the premises in or upon which the aircraft is stored, the definition of Insured includes the government or airport authority described the Schedule, but only with respect to its liability because of acts or omissions of the Named Insured and to no greater extent than the scope of the insurance afforded by this policy 2 Unless otherwise indicated in this policy the policy shall not apply to any assumption of the liability of the government or airport authority described in the Schedule by the Named Insured for bodily injury or property damage caused by an occurrence arising out of any service performed by or on behalf of such government or airport authority 3 In the event the policy is cancelled by the Company, thirty (30) days prior written notice shall be given to the government or airport authority described in the Schedule 4 The Company waives any right to recovery it may have against the government or airport authority described in the Schedule because of payments it makes for physical damage in accordance with Insuring Agreement III - PHYSICAL DAMAGE COVERAGES, but only to the same extent that the Named Insured has waived its right of recovery for such physical damage against such government or airport authority 5 The insurance this policy provides to the government or airport authority described in the Schedule is primary insurance without right of contribution from insurance purchased by such government or airport authority, only if the written agreement between the Named Insured and the government or airport authority contains an express requirement that this insurance operate in that manner SCHEDULE City of Redlands 35 Cajon Street Redlands, CA 92373 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED This endorsement is effective February 22, 2019 Endorsement Premium Included Attached to and made part of Policy No 10085961 Issued to David James Global Aerospace, Inc By GW AOI 0 (December 1, 2013) Endorsement No 13, Page 1 of 1