HomeMy WebLinkAboutContracts & Agreements_01-22 AIRAIRCRAFT TIE -DOWN AGREEMENT
1 Parties This permit is issued this 1st day of February 2022 ("Date of Issuance"), by the City of
Redlands (heremafter "City") to High Performance Helicopters Corp (hereinafter referred to as
"Tenant ")
2 Tie -Down Area Identified The City permits Tenant use of west ramp tie -down area, see
Exhibit A (approx two (2) tie down areas to park a fuel tanker, at Redlands Municipal Airport
3 Identification of S u p p o r t V eh i c le Tenant hereby agrees that only the following
ground support vehicle shall occupy parkmg area, west ramp area, see attached exhibit
CA license 4KY6073, CA 420541, USDOT 2324492
Address, 1671 Sessums Drive, Suite #201, Redlands, CA 92325
Phone No, 888-447-4354 ext 1, accounting@hphelicopters 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 termmated by City or Tenant
5 Parking/Tie-Down Fee Tenant shall pay a monthly tie down fee, due the 1 st of each month for the
previous month, in the amount of ninety-four dollars and no/100s ($94 00) for the two (2) parking/tie-
down areas per month with the understandmg that, should this permit be revoked and termmated , 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 mcludmg
the last day of the partial calendar month
6 Late Charges for Monthly Tie Down Fee Tenant acknowledges that late payment will cause City
to incur certam administrative costs Such costs include, without limitation, processmg, 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 Attorneys' Fees In the event any legal action is commenced to enforce or interpret any term or
condition of this permit, the prevailmg party in such action, in addition to costs and any other relief, shall
be entitled to its reasonable attorneys' fees, mcludmg fees for use of in-house counsel
8 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 obtam an endorsement that City shall be named as an additional
insured prior to occupying the tie -down space
9 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 habihty for damages to persons or
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REI Tie Down Agreement 2021
property arising from the sole negligence or intentionally wrongful acts of City, its officers, employees or
agent.
10 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 Parking/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 and to exempt and relieve City from liability for personal
injury, property damage, and wrongful death caused by negligence
11. 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.
12 Acceptance of Parking/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)
13 Maintenance of Parking/Tie-Down Space. Tenant shall maintain the tie -down space in a neat,
clean, orderly and sanitary condition at all times.
14 Right to Enter Parking/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
15 Use of Parking/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
16 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.
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(s) is limited to the assigned aircraft, crew
vehicles, support equipment, and or fueling equipment supporting the aircraft can occupy tie -down spaces
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REI Tie Down Agreement 2021
No other equipment or materials will be parked or stored m the tie -down space unless included in this
permit
20 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 m its use of a tie -down space
CITY OF RED ANDS
By
Chris Boatman, Director
Facilities & Community Services
ATTEST
e Donaldson, City Clerk
TENANT
By
Performance H-hcopters Corp
REI Tie Down Agreement 2021
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EXHIBIT A
City e! Redlands Tie.Downs
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age I
REI Tie Down Agreement 2021