HomeMy WebLinkAboutContracts & Agreements_35-21 AIRAIRCRAFT TIE -DOWN AGREEMENT
1 Parties This permit is issued this 1st day of November 2021 ("Date of Issuance"), by the City of
Redlands (heremafter "City") to Siller Helicopters (heremafter referred to as "Tenant ")
2. Tie -Down Area Identified The City permits Tenant use of six aircraft tie -downs, see Exhibit A
(six [6] tie down areas per helicopter and vehicles) attached for parking two Sikorsky Helicopters, 61
and 64, 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 N4035S and N45917
Aircraft Make, Sikorsky
Address, 1250 Smith Road, Yoba City, CA, 95991,
Phone No, 530-674-9460
Email, rod(ci')sillerhelicopters com, dam@,sillerhehcopters corn,
4 Tenn The term of this permit shall commence on the Date of Issuance by City and shall continue
thereafter month to month, unless earlier termmated by City or Tenant
5 Tie -Down Fee Tenant shall pay a monthly tie down fee, due the 1" 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 mcluding 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 m-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 m the amount of one million dollars
($1,000,000) per occurrence for public hability, 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 occupymg the tie -down space.
10 Hold Harmless. Tenant shall defend, mdemnify and hold harmless City, its elected officials,
officers, employees and agents, from and agamst any and all actions, claims, demands, lawsuits, losses
and liability for damages to persons or property, includmg costs and attorneys' fees, that may be asserted
or claimed by any person, firm, entity, corporation, political subdivision or other organization arismg 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 relmquishes any and all
actions or causes of action it may have for personal injury, property damage or wrongful death occurring
to them arismg as a result of the lease of the aircraft tie -down space at Redlands Municipal Airport, and
any activities mcidental thereto, wherever or however the same may occur Further, Tenant does, for itself,
and its employees and their heirs, executors, admmistrators and assigns, hereby release, waive, discharge
and relmquish 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, admmistrators 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 mtention 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
mJury, 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 authonties 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 and or
vehicle(s).
14 Maintenance of Tie -Down Space. Tenant shall mamtam 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 obtammg 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 m
the tie -down space. Major aircraft maintenance is authorized m other areas of the Redlands Municipal
Airport with obtammg the written consent of the City to conduct major maintenance.
18. Continuance and Termmation. This permit may be revoked and termmated by City upon thirty
(30) days prior written notice to Tenant; provided, however, that when Tenant is m default of any
provision of this permit, City may revoke and immediately termmate this permit.
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REI Tie Down Agreement 2021
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 m termmation 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 fuelmg equipment supporting the aircraft can occupy tie -down spaces
No other equipment or materials will be parked or stored m the tie -down space unless included m 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 kmd whatsoever m its use of a tie -down space
CITY OF REDLANDS
By
Chris Boatman, Director
Facihties & Community Services
ATTEST
e Donaldson, City Clerk
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EXHIBIT A
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REI Tie Down Agreement 2021