HomeMy WebLinkAboutContracts & Agreements_11-23 AIRGROUND SPACE AGREEMENT
1. Parties. This permit is issued this 1st day of December 2023 ("Date of Issuance"), by
the City of Redlands (hereinafter "City") to Hangar 24 LLC (hereinafter referred to as
"Tenant.").
2. Tie -Down Area Identified. The City permits Tenant use of (See Exhibit A) ground
space at Redlands Municipal Airport as follows:
WEST RAMP DIRT AREA
3. Identification of Storage Item: Tenant hereby agrees that only the distillery tanks
shall occupy (Exhibit A Space):
Number of Empty Distillery Tanks: 8
Owner: Hangar 24 Brewery
Address: 1710 Sessums Dr, Redlands, CA 92374
Phone Number: 909-389-1400
Email: ewei@hangar24brewing.com
4. Term. The term of this permit shall commence on the Date of Issuance by City and shall
continue thereafter on a month -to -month bases, unless earlier terminated by City.
5. Fees. Tenant shall pay an monthly fee, in advance, in the amount of four hundred
seventy dollars ($470) with the understanding that, should this permit be revoked and
terminated prior to full month, the fees will be pro -rated on a weekly basis at the rate of fifteen
dollars and sixty-seven cent 67/100 dollars ($15.67) 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
permit, Tenant shall furnish City with a check or cash deposit, in the amount of four hundred
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and seventy dollars ($470) 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 space 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 property insurance that covers
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 ground 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 ground 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 STORING ITEMS AT THE REDLANDS MUNICIPAL AIRPORT AND
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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 Space. Tenant accepts the ground space provided by City and agrees to
properly use the equipment to secure their property.
14. Maintenance of Ground Space. Tenant shall maintain the ground space in a neat, clean,
orderly and sanitary condition at all times.
15. Right to Enter Ground Space. City shall have the right to enter the ground space at all
times for inspection or maintenance as may be necessary to protect the public safety and
welfare.
16. Use of Ground 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. Maintenance. Only minor maintenance is allowed in the ground space.
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. Ground Space Limitations. Each ground space is limited to the assigned item listed in
section 3 of this agreement. No other items will be allowed to be parked or stored in the ground
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 ground space.
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CITY` OF REDLANDS TENANT
Br�1J-_. C�1�
Tabitha Crocker, Director
Facilities and Community Services
ATTEST:
`40%4dir
ne Donaldson, City Clerk
By:
Ben Cook, Managing Member
Hangar 24 LLC
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Ground space area outlined in.-�^
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