HomeMy WebLinkAboutContracts & Agreements_16-20 AIRAIRCRAFT TIE -DOWN AGREEMENT
1 Parties. This permit is Issued this 10th day of August 2020 ("Date of Issuance"),
hereinafter "Ci�� by the City of
Redlands
( "City") to Donald A. Wood (hereinafter referred to as "Tenant ).
2 Tie -Down Area Identified. T h e City permits Tenant use of the aircraft tie -down space at
Redlands Municipal Airport as follows.
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Aircraft Tie -Down Area: WEST RAMP Space Number:, z6'
(See Exhibit A below)
3 identification of Aircraft: Tenant hereby agrees that only the following aircraft shall be
tied down within the tie -down space:
FAA Registration No, N7346S
Aircraft Make. 1976 Cessna
Registered Owner: Donald Wood
Address P.O 1239 Cedar Glen CA 92321
Phone No.. 949-330-3892
Email. drwmv@yahoo.com
4. Term. The term ofthis 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, hi 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 isnot 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.
REI Tie Down Agreement 2020
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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 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 Permitgeneral 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,
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REI Ile Down Agreement 2020
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 maybe 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 Maintena:nce.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
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RE1 T1 Down Agreement 2020
CITY OF REDLANDS TENANT ;
77/
Chris Boatman, Director Donald Wood
Facilities & Community Services
ATTEST•
Donaldson City Clerk
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REI Tie Down Agreement 2020
EXHIBIT A