HomeMy WebLinkAboutContracts & Agreements_34-21 AIRAIRCRAFT TIE -DOWN AGREEMENT
1. Parties This permit is issued this 21 day of October 2021 ("Date of Issuance"), by the City of
Redlands (hereinafter "City") to Columbia Helicopters Inc (hereinafter referred to as "Tenant ")
2. Tie -Down Area Identified The City permits Tenant use of six aircraft tie -downs, see Exhibit A
attached for parking a CH47, crew vehicles and support equipment at Redlands Municipal Airport
3 Identification of Aircraft Tenant hereby agrees that only the following aircraft and ground
support vehicles shall occupy tied downs
FAA Registration No N473CH
Aircraft Make, Boeing, Chinook
Address, HQ 14452 Arndt Rd NE, Aurora, OR 97002,
Phone No, 503-678-1222
Email, 1maccacolheli.com
Website, www colheli com
4 Term The term of this permit shall commence on the Date of Issuance by City and shall continue
thereafter month to month, unless earlier terminated by City or Tenant
5 Tie -Down Fee Tenant shall pay a monthly tie down fee, due the 1s` of each month for the previous
month, in the amount of forty-four dollars and no/100s ($44 00) per tie -down per month with the
understanding that, should this permit be revoked and terminated , the fees will be pro -rated on a monthly
basis at the rate of one and 50/100 dollars ($1 50) per day, to and including the last day of the partial
calendar month
6 Fuel Flowage Fee In addition to the monthly tie -down payment, tenant shall pay to the City the
sum of $0 04/gallon for each gallon of fuel pumped/delivered to the Airport The fuel flowage payment
shall be made at the same times as tie -down payments are made A copy of all bulk delivery invoices of
fuel products delivered to the Airport shall accompany each fuel flowage payment to the City
7. Late Charges for Monthly Tie Down Fee 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 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
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
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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 arismg from the sole neghgence 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 agamst 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 -Tenant by this instrument to assume all asks attendant with its activities of tying down
its aircraft at the Redlands Municipal Anport and to exempt and relieve City from liability for personal
injury, property damage, and wrongful death caused by negligence.
12. Confoituance with Law. Tenant shall abide by all laws, rules, and regulations of the Federal
Aviation Administration, the State of California, City and all public authoiities having junsdiction 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 and or
vehicle(s).
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 mamtenance 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/Support Vehicle Repair and Maintenance. Only minor aircraft maintenance is allowed in
the tie -down space. Major aircraft maintenance is authorized in other areas of the Redlands Municipal
Airport with obtaining the written consent of the City to conduct major maintenance.
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 peiinit, City may revoke and immediately terminate this permit.
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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(s) is limited to the assigned aircraft, crew
vehicles, support equipment, and or fueling equipment supporting the aircraft can occupy tie -down spaces
No other equipment or materials will be allowed to be parked or stored in the tie -down space unless
included in this permit
21 Acknowledgment Tenant hereby acknowledges it has read and understands the terms and
conditions of this permit
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
CITY OF REDLANDS
By
Chris Boatman, Director
Facilities & Community Services
ATTEST
e Donaldson, City Clerk
TENANT
By;
Keith M Saylor
Sr Director of Aviation Services
REI Tie Down Agreement 2021
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EXHIBIT A
REI Tie Down Agreement 2021