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HomeMy WebLinkAboutContracts & Agreements_19-22AIRAIRCRAFT TIE -DOWN AGREEMENT 1. Parties This permit is issued this 1st day of December 2022 ("Date of Issuance"), by the City of Redlands (hereinafter "City") to Timberline Helicopters (hereinafter referred to as "Tenant."). 2. Tie -Down Area Identified The City permits Tenant use of the tie down area located at the west ramp, see Exhibit A at Redlands Municipal Airport. 3. Identification of Tenant hereby agrees that only the following aircraft and ground support vehicles shall occupy tied downs. Tami Hutchison Assistant Director of Operations TIMBERLINE HELICOPTERS, INC. 1926lndustrial Dr. Sandpoint, ID 83864 thutchison a timberlineheiicopters.com KMax N674TH or N675TH Blackhawk N274TH or N133TH 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 of each month for the previous month, in the amount of forty-seven dollars and no/100s ($47.00) per tie -down per month with the understanding that, should this permit be revoked and terminated , the fees will be pro -rated on a monthly basis at the rate of one and 50/100 dollars ($ 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 $0.06/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 teen 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 Page 11 REl Siller Helicopters Tie Down Agreement 2022 insured prior to occupying the tie -clown 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, Finn, 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 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 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 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 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 permit, City may revoke and immediately terminate this permit. Page 12 REI Slller Helicopters Tie Down Agreement 2022 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 parked or stored in the tie -down space unless included in this permit. 21. Acknowledgment. Tenant hereby acknowledges it has read and understands the terns 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 REDLAN TENA By: Chris Boatman, Assistant City Manager Facilities & Community Services ATTEST: dine Donaldson, City Clerk REI Si11er Helicopters Tie Down Agreement 2622 Tami Hutchison Assistant Director of Operations Page 13 EXHIBIT A e 0 0 Gsy of Redlands 7fe-0oxni Page 14 REI Siller Helicopters Tie Down Agreement 2022