HomeMy WebLinkAboutContracts & Agreements_10-23 AIRAircraft Make:
AIRCRAFT TIE -DOWN AGREEMENT
1. Parties. This permit is issued this 1st day of December 2023 ("Date of Issuance"), by
the City of Redlands (hereinafter "City") to HeliQwest International, Inc (hereinafter referred to
as "Tenant.").
2. Tie -Down Area Identified. T h e City permits Tenant use of the aircraft tie -down space
at Redlands Municipal Airport as follows:
Aircraft Tie -Down Area: WEST RAMP HELICOPTER Parking
3. Identification of Aircraft: Tenant hereby agrees that only the following aircraft
shall be tied down within the tie -down space:
FAA Registration No.: See attachment, we understand only one aircraft and its support gear can occupy
this space agreement at a time and that multiple aircraft will incur additional fees.
Registered Owner: HeliQwest International, Inc
Address: 11915 Airport Way, Broomfield, CO 80021
Phone Number: 303-469-2932
Email: carsonj@heliqwest.com
4. Term. The term of this permit shall commence on the Date of Issuance by City and shall
continue thereafter for a period of one year, unless earlier terminated by City.
5. Fees. Tenant shall pay an annual fee, in advance, in the amount of One thousand and
thirty-four dollars ($1034.00) with the understanding that, should this permit be revoked and
terminated prior to one year, the fees will be pro -rated on a monthly basis at the rate of three
and 13/100 dollars ($3.13) 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/Annual Permit. 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 and/or annual 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
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permit, Tenant shall furnish City with a check or cash deposit, in the amount of ninety-four
and 00/100 dollars ($94) 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 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.
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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.
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 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. 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.
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 understands the 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.
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CITY OF REDLANDS TENANT - HeliQwest International, Inc.
By: —', cyL\
Tabitha Crocker, Director
Facilities and Community Services
ATTEST:
e Donaldson, City Clerk
By:e, lf,
Tenant Si ature
H. Carson Johnson
Operations Manager
Page 14
Aircraft Fleet
Registration Make & Model
C-FHQB
Bell 205 Al++
N534HQ
Bell 205 Al++
N205HQ
Bell 205 Al++
N262HQ
Bell 205 Al++
N551HQ
Bell 205 Al++
N350HQ
AS350B3-CRFS
N318MG
AS350B3e+-CRFS
N114NS
AS350B3e+-CRFS
C-FMGM
Kaman K-1200 KMAX
C-FXFT
Kaman K-1200 KMAX
N372AA
EH60A+ Blackhawk
N61AA
EH60A Blackhawk
N601HQ
UH60A+ Blackhawk