HomeMy WebLinkAboutContracts & Agreements_42-10 AIRAIRCRAFT TIE -DOWN PERMIT
1. Parties. This Permit is issued by the City of Redlands hereinafter called "City" to
(-.\u. i�eI-Mu) 4)_� b, , gxjj r�i(, hereinafter referred to as "Permittee".
2. Tie -Down Area Identified. City hereby 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.:
Make: w; �c
Engine: -�
Registered Owner
Name:
Address:Xe',yt4t� f \ ,, , f-. j
Phone No.:
4. Term. This Permit shall commence on the date of issuance by City and shall
continue thereafter for a period of ❑ day P, month ❑ annual beginning on
y�v�lrarT., unless earlier terminated by the City. In no event shall this
Permit exceed thirteen (13) months.
5. Fees. Fees for the tie -down space shall be fifteen dollars ($15.00) per day or any
fraction of a day, payable in advance of each day or fraction of a day said tie -down
space is requested, and/or forty-three and 50/100 dollars ($43.50) per month,
payable in advance, commencing on the date of issuance of this Permit and
continuing day to day and/or if monthly Permit is selected, monthly thereafter. In the
alternative, Permittee may pay an annual fee, in advance, in the amount of four
hundred seventy eight and 50/100 dollars ($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. 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
Aircraft Tie -Down Permit 1
Revised 9/21/2010
be pro -rated at the rate of one and 45/100 dollars ($1.45) per day, to and including
the last day of the particular calendar month, payable on the day the Permit
commences.
6. Late Charges for Monthly/Annual Permit. Permittee acknowledges that late payment
will cause City to incur certain extraordinary administrative costs. Such costs
include, without limitation, processing, accounting and interest charges. Therefore, if
any fee payment due from Permittee on a monthly and/or annual Permit is not
received by the tenth day of each month, Permittee shall pay to the 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 date of monthly and/or annual Permit,
Permittee shall furnish City with a check or cash deposit, in the amount of forty-three
and 50/100 dollars ($43.50) which equals one (1) month's payment to be used by
City in the event that Permittee is in default of any fee payments or any of the terms,
provisions, covenants or conditions of the Permit. If and when Permittee pays one
(1) years tie -down fee in advance, no deposit shall be required.
If Permittee defaults in the payment of monies or any of the terms, provisions,
covenants or conditions 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 the Permittee at the expiration of this Permit.
8. Attorney's 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 attorney's fees.
9. Insurance. If Permit is on a monthly and/or annual basis, Permittee shall secure and
maintain in force throughout the duration of this Permit comprehensive general
liability insurance with carriers acceptable to City. Minimum coverage of one million
dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate
for public liability, property damage and personal injury is required. Permittee shall
obtain an endorsement that City shall be named as an additional insured. If Permit
is for less than one month, Permittee shall provide proof to the satisfaction of City
that Permittee has comprehensive general liability insurance in the amount of one
million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000)
aggregate for public liability, property damage and personal injury coverage.
Aircraft Tie -Down Permit 2
Revised 912112010
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 attorney 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,
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 any duly
constituted public authority 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 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.
Aircraft Tie -Down Permit 3
Revised 9/21/2010
15. Right to Enter Tie -Down Space. City shall have the right to enter the tie -down space
at any time 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 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 on the airport.
18. Continuance and Termination. This Permit may be revoked and terminated by City
on a day Permit upon four (4) hours written notice, and on a monthly or annual
Permit upon thirty (30) days prior written notice to Permittee; provided, however, that
when Permittee is in default of any provision of this Permit, City may revoke and
terminate this Permit upon two (2) days prior written notice.
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 the
City. Any attempted transfer shall immediately result in termination of the 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. Acknowledgement. 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:
City of Redlands
Quality of Life Department
Airport Division
Date: 11-5-11b
Revised 9/21/2010
PERMITTEE:
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Date: W r2- 1 —I 0
Aircraft Tie -Down Permit 4