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Home My WebLink AboutContracts & Agreements_36-21 AIRAIRCRAFT TIE -DOWN PERMIT 1 Parties This permit is issued this lZ day of 2021 ("Date of Issuance"), by the City of Redlands (hereinafter "City") to Paul Daly (hereinafter referred to as "Tenant ") 2 Tie -Down Area Identified The City permits Tenant use of the aircraft tie -down / space(s) at Redlands Municipal Airport as follows Aircraft Tie -Down Area WEST RAMP , see Exhibit A attached (pick an unoccupied numbered spot on the east end of the west ramp, call me if you have questions ) 3 Identification of Aircraft Tenant hereby agrees that only the following aircraft and ground support vehicles shall be tied down within the tie -down space FAA Registration No N12749 Aircraft Make• Cessna 172 Vehicle Make/Model/License Plate(s). White BMW X6 White #7CSL898 Dodge Ram Truck #37730R1 Registered Owner(s) Paul Daly Address 37432 Ironwood Dr , Yucaipa, CA 92399 Phone No 323 270 1930j �, i�, , =�� S0L�v7/0/44 4 Email 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 fee, in advance, in the amount of ($44.00) 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 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 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 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-four dollars and zero cents ($44 00) 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 Page 11 REI Tie Down Agreement 2021 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 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 Page REI Tie Down Agreement 2021 2 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 Aircraft Repair and Maintenance. Only minor maintenance is allowed in the tie -down space Major maintenance is authorized at Redlands Municipal Airport with obtaining the written consent of the City 17 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. 18. 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. 19 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 unless obtaining the written consent of the City 20 Acknowledgment. Tenant hereby acknowledges it has read and understands the terms and conditions of this permit. Page 13 REI Tie Down Agreement 2021 21 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 TENANT By By. Y• Chris Boatman, Director / - DiQ•17 Facilities & Community Services ATTEST ne Donaldson, City Clerk Page 14 REI Tie Down Agreement 2021 EXHIBIT A Page 15 REI Tie Down Agreement 2021