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Home My WebLink AboutContracts & Agreements_01-23AIRAIRCRAFT TIE -DOWN AGREEMENT 1. Parties, This permit is Issued this lst day of December 2022 ("bate of Issuance"), by the. City of Redlands (hereinafter "City") to Citrus International, LLC (hereinafter referred to as 'Tenant."). '2. `fie -Down Area Identified. The City permits Tenant use of the aircraft'tie-dawn space at Redlands Municipal Airport as follows: Aircraft Tie -Down 'Area: WEST RAMP Parking: 3. identification of :Aircraf: Tenant hereby shall` be tied down within the tie -down space: FAA Registration No:.; Aircraft $/lake: Registered Qwnert' Address: Phone No: Email.: N3935$ Cessna 1172E ,Kirk Phtla': 1444yantage Place 760-468-1527 kirkphii55@gmail.com, agrees that only the following,aircraft • 4, • Term. The terrii of this peril* s.hall carr'.mence.ori'the Date' of Issuance* City and shall continue thereafter for a period of One:year, unless'e.a.rl,ier terminated. by:City* s "• i : ` 5: - • Fees, Tenant shell pay .an: annual••fee,"''fn advance; 'In.'the 'amou,nt'of five'huridred seventeen dollars•($517,00) with the understanding that; :Should this permit'b.e •revolked'and .terminated prior to one'; year; the fees will be. pro -rated oh a"monthly basis atthe.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 caimivlerices. 6. • Late Charges for Monthly/Annual. Permit: Tenant acknowledges that:late payment will cause City' tti incur certain' administrative +costs; Such 'costs "include; • without iiriiltatio•n; processing, accounting, and interest 'charges. Therefore, If any fee payment due: frorn'Ten.ant for a monthly'end/or annual. periiiit is not reci?ived by the tenth day of each r'nontha Tenant shell 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, PQ Box 3005; Redlands, CA'92373: 7. Security Deposit. Prior to the commencement of `the term of any monthly .or annual Page 1.1 permit, Tenant .shall furnish City with a check or cash deposit, in the amount of forty-seven and 00/100 dollars ($47) which amount equals one (1) month's:perrnit payment to be used by City In the event that•Tenent is in .default., Of any fee payments; or any Of the provisions of this permit. If and When Tenant pays one year's tie -down: fee in :advance, no deposit shall be .required. • • &Tenant defaults or. any of the. provisions of this permit, City.may Use,•apply or retain the Whole or another sum of this security forthe payment of any unpaid feet .orfor any other costs, which the -City may Incur clue to Tenant's default Should Tenantfully 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.. • ' 11. • .Attorneys' Fees. In the event any legal action ts commenced te.enferceorinterpret any . term or 0priclitioo of this 'periinit•the prevailing party in such aPtiori,In addition to tests and any other relief, shall be entitled to its reasonable attorneys' fees, including fees for use of in-house • 9...: • insu•rance., if this. permit .is on a imonthlyand/or annual basiS,.Ten.ant.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 0011 provide fCity with a certificate of Insurance and .• obtain :an endorsement that City•shall benarried,0s'an,additiorial•insured prior to ()alloying the tie -down space.•:. •• .!•• •-.. .. • ' '". • ;.''•., • ; .Hold .Harrniess. Tenant ;shall .defendOndetnnify end;hold harnilleiS• City, its elected officals, officers, employee's and agent* from and.against •any and .all Wiens, Valais, demands, 'lawsuits, losses and liabliity for daMageSto• persons fle property,:intluding pests and attorneys' fees,. that: may be asserted or ctaimed by.,'ariy..perSon, firm, ehtitv,:torporatiopi political sUbdiyision or Other organization arising out of trinconneCtion.with Tenant's negligent and/Or intentionally wrongful acts or omissions under this: Permit; but excluding such'adtiont.-.Clainis,. .d.ertian.ds, lawsuits and liability -for damages to persons or property 'arising :from "the sole negligence or intentionally wrongful .acts of •fts.offiderprriploye'es pragent , -- • ReleaSe. Tenant hereby .voluntarily releases, disCharges, waives. and relinquishes any and •all actions •orcauseS of .action it mayhavefor•persenalinjury,.prOperty damage or wrongful death occurring to them.arisinges a result of the lease of the airtrafttle-dOwn space at Redlands Municipal „Airport, •and any •activitiesincidental thereto:, wherever or' however the same may 'ocour,:. further,. Tenantdoes, for itself, and its employees. and their heirs, executors, administrators and assigns, herebyrelease, w.alve, 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 actio.ni.whetherthe same shall arise bythe negligence of the above said persons, or otherwise. Page 1 2 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 anal 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-bown Space. City ,shall have the right to enter the tie- down .sp.ace at alltimes for inspection or maintenance as may be .necessary to protect the public safety and welfare, 16, Use ofTie-i)own 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.tle written consent of City'to conduct such businessor commercial activity, 1.7. Aircraft Repair and Maintenance, Only minor maintenance is allowed in the tie -down space. Major maintenance is authorized' in other:areas of the Redlands Municipal Airport. 18.. Continuance and Termination. his 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 revokeand immediately terminate this permit, 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 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. 21. Acknowledgment. Tenant hereby acknowledges it has read and understandsthe terms and conditions' of this permit, 22. 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. Page 13 CITY OF REDLANDS By: Chris Boatman, Director Assistant City Manager ATTEST: ne Donaldson, City Clerk TENANT By: Kirk Philo Page 14