HomeMy WebLinkAboutA8332 - CONTOUR AIRLINES - REVENUES AS OUTLINED IN LEASE AGREEMENT Palm Springs International Airport—City of Palm Springs
Non-Signatory Airline Operating Permit
(Month to Month)
Airline Information
Name: Contour Airlines (hereinafter"Airline")
Airline Representative:John Mullen Title Director of Airport Operations
Address: 808 Blue Angel Way
City/State/Zip Code: Smyrna,TN, 37167
Phone: 615-534-1954 Fax: 615-220-1769
Email: iohn.mullen@flycfm.net
GENERAL PROVISIONS
A. Reference to Signatory Airline Agreement:This Permit references terms contained in the
Airport Use and Lease Agreement (AULA), dated July 1, 2014. Unless otherwise stated, all terms
used in this Permit shall have the meaning set forth in the AULA, Signatory Airline Agreement.
Airline represents that, prior to its execution of this Permit, it has received a copy of the AULA
and is familiar with its terms as they may affect the terms under this Permit.
B. Permitted Use: Commercial "air transportation" of persons, property, cargo and mail.
C. Term: Month to Month,commencing on 9 �� , 2017 ("Commencement Date").
D. Rates and Charges:The following rates and charges shall be payable by Airline to City in the
manner set forth at Section 3 below of the Terms and Conditions. Airline acknowledges that the
following fees and charges shall be subject to change as described in the Signatory Airline
Agreement, including but not limited to, Sections 5.03 (E) and 5.08 thereunder.
1. Landing Fee: Airline shall pay a landing fee that is 125%of the Landing Fee paid by
Signatory Airlines under Section 5.04 of the Signatory Airline Agreement. For
reference purposes,the current landing fee payable by Airline is$2.06 per 1,000
pounds of Certificated Maximum Landing Weight based on 125%of the$1.65
Landing Fee for Signatory Airlines under the Signatory Airline Agreement,
recalculated January 1s'in accordance with the AULA.
2. Special Capital Projects Fund Surcharge.Airline shall pay a Special Capital Projects
Fund Surcharge per enplaned passenger, as described under Section 5.06 of the
Signatory Airline Agreement.The fee for signatory carriers beginning 7/1/14 shall
be $1.16 per enplaned passenger,the non-signatory fee ($1.16 times 125%) shallbe
$1.45.This fee will be recalculated in accordance with the AULA.
Non-Signatory Airline Operating Permit Page 1 Palm Springs International Airport
3. Joint Use/Common Area Space Fee: Airline shall pay a Joint Use/Common Area
Space Fee (calculated in the manner set forth at Article V of the Signatory Airline
Agreement) based on Airline's number of enplaned passengers times 125%.The
Joint Use/Common Area Space Fee is$1.25 per enplaned passenger, which will be
recalculated in accordance with the AULA.
4. Passenger Loading Bridge and Hold Room Fee: Airline shall pay a Hold Room Fee
that is 125% of the Hold Room Fee described in Section 5.03 (D) of the Signatory
Airline Agreement. For reference purposes,the fee payable by Airline is$54.00
($43.00 Signatory Airline fee times 125%) per operation. For purposes of this
section "operation" shall mean both the enplaning and deplaning of a single aircraft.
5. Passenger Facility Charge: Airline shall pay a passenger facility charge as required
by Part 158 of the Federal Aviation Regulations. For reference purposes,the current
rate is$4.50 per enplaned passenger.
E. Porter Service: Airline shall have the right to participate in nonexclusive porter services in
conjunction with all scheduled airlines serving the Airport to assist its passengers with their
baggage.
F. Ground Handling: Airline shall arrange with Signatory Airlines, licensed companies or Fixed
Based Operators for ground handling services, subject to the City's approval of such
arrangement.
G. Security Screening Facilities:The Transportation Security Administration ("TSA") provides for all
passenger and baggage screening conducted at the Airport. Airlines may be required to provide
assistance to TSA in their efforts to carry out their federal mandates. Airline acknowledges that
during the term of this Permit,the City or other entity may be authorized to provide these
security services and Airline shall cooperate with the transition in security service providers and
payment of its prorated share of any applicable fees for such services.
H. Exclusive Use Space: Airline may utilize the Exclusive Use Space, as such space is described at
Exhibit C of the Signatory Airline Agreement, based on availability as outlined in the AULA
Signatory Airline Agreement, and payment of the Exclusive Use Space Rate described atSection
5.03 (A).
I. Airline Lease Space: Airline may elect to lease available space at the Airport in the categories of
baggage claim.desk,ticket counter space with corresponding office space, storage space or
-other space as approved in writing by the City Manager or Appointee. Specific Non-Signatory
Lease Space shall be identified in a letter agreement executed between Airlines and the Director
of Aviation, and leased to Airline for a month-to-month term that may be cancelled by either
party upon thirty(30) days written notice. City may relocate or reconfigure the Non-Signatory
Lease Space from time to time with changes occurring via letters of mutual agreement executed
between Airline and the Director of Aviation.
Non-Signatory Airline Operating Permit Page 2 Palm Springs International Airport
TERMS AND CONDITIONS
1. Rules and Regulations: All activities of Airline pursuant to this permit shall be performed in
compliance with all applicable federal,state and local laws, ordinances and regulations. City
may adopt additional rules and regulations in accordance with the terms of Section 14.01 ofthe
Airline Use Agreement.
2. Employee Parking:The City shall make available to Airline's employees assigned duty at the
Airport, reasonably adequate parking facilities.The City may, at its discretion, charge a
reasonable vehicle parking fee based on the City's actual cost of providing, operating and
maintaining such facilities.
3. Calculation and Payment of Fees:
A. Airline shall furnish to the City on or before the tenth (10t") day of each month the
"Airline Activity Report" (Exhibit A) signed by an authorized representative of
Airline, for the preceding month.The Airline Activity Report will include (i) the total
number of enplaned and deplaned passengers and air cargo; (ii)total number of all
landings by aircraft type; seating configuration and certificated maximum landing
weight for each type of aircraft; (iii) a list of the cancelled flights for the previous
month. The cancelled flights will be listed individually by date,flight number and
reason for cancellation.
B. Upon furnishing City with the "Airline Activity Report" described in Section 3.A., City
shall forthwith furnish Airline with an invoice setting forth the amount of Landing
Fees, Landing Fee Surcharge,Terminal Fees, Loading Bridge and Hold Room Fees
payable by Airline for such preceding month based on rates described on Page 1 of
the Permit. Within thirty (30) days after the date of such invoice,Airline shall pay to
City the amount set forth herein.
C. City shall furnish the Airline with an invoice by the tenth (101h) day of each month
for the amount of Airline's Exclusive Use Space for the next ensuing month. Not
later than the first (111) day of such next ensuing month, Airline shall pay City an
amount equal to the Airline's Exclusive Use Space for such month.
D. All fees and charges not timely received by City and within fifteen (15) days after
receipt by Airline of a written notice of delinquency will bear a late charge equal to
five percent (5%) of the payment due and owing. If such fees and charges are not
received within thirty(30) days, interest shall accrue on the unpaid balance plusthe
unpaid late charge at the rate of eighteen percent (18%) per annum or the highest
rate which may be legally charged, whichever is lower,from the due date until paid
in full.
E. The fees described in this Permit shall be subject to change in accordance with the
terms of Section 5.03 (E) of the Signatory Airline Agreement.
Non-Signatory Airline Operating Permit Page 3 Palm Springs International Airport
4. Gate Allocation: By granting this non-signatory operating permit, City is not obligated to
provide aircraft gate space.Airline shall arrange gate space via availability with City, Signatory
Airlines or Fixed Based Operators, as further described in the Signatory Airline Agreement.
5. Indemnification: Airline agrees to indemnify the City, its officers, agents and employees against,
and will hold and save them harmless from any and all actions, suits, claims, damages to persons
or property, losses, costs, penalties, obligations, errors, omissions or liabilities, of or in
connection with the negligent performance of the work, operations or activities of Airline, its
agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of
the premises or the Airport by Airline or its employees and customers, or arising from the failure
of Airline to keep its exclusive premises in good condition and repair, as herein provided, or
arising from the negligent performance of or failure to perform any term, provision or covenant
or condition of this permit, unless caused by the sole negligence or willful misconduct on the
part of the City, its officers, agents or employees,who are directly responsible to the City, and in
connection therewith:
A. Airline will defend any action or actions filed in connection with any said claims or
liabilities and will pay all costs and expenses, including legal costs and attorney's
fees incurred in connection therewith.
B. Airline will promptly pay any judgment rendered against the City, its officers,agents
or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or
activities of airline hereunder; and Airline agrees to save and hold the City, its
officers, agents, and employees harmless therefrom.
C. In the event the City, its officers, agents or employees are made a party to any
action or proceeding filed or prosecuted against Airline for such damages of other
claims arising out of or in connection with the negligent performance of or failure to
perform the work, operations or activities of Airline hereunder, Airline agrees to pay
the City, its officers, agents or employees, any and all costs and expenses incurred
by the City, its officers, agents or employees in such action or proceeding, including
but not limited to legal costs and attorney's fees.
6. Insurance:
A. Airline Public Liability Insurance: Airline agrees to carry and keep in force public
liability insurance with an insurance company of recognized responsibility, or
provide self-insurance, covering personal injury, death and property damage to
protect the City, its commissioners, directors, agents, officers and employees,from
liability covered by the indemnification provisions of this section subject to policy
terms, conditions, limitations and exclusions. Without limiting its liability as
aforesaid,Airline agrees to carry and keep in force such insurance, written on a per
occurrence basis,with limits of liability for death, personal injury and property
Non-Signatory Airline Operating Permit Page 4 Palm Springs International Airport
damage in a combined single limit not less than One Hundred and Fifty Million
Dollars ($150,000,000), except Twenty Five Million Dollars ($25,000,000) with
respect to non-passenger personal injury liability.An Airline shall have the right to
self-insure the items specified in this section so long as the Airline maintains a net
worth satisfactory to the City's Risk Manager.
B. Workers Compensation Insurance:Airline shall, at the Airline's sole cost and
expense, maintain a policy of workers compensation insurance in an amount as will
fully comply with the laws of the State of California and which shall indemnify,
insure and provide legal defense for both the Airline and the City against any loss,
claim or damage arising from any injuries or occupational diseases occurring to any
worker employed by or any persons retained by the Airline in the course of
conducting Airline's business at the Airport.
C. Airline Insurance on Automobiles and Other Ground Vehicles:Airline shall maintain
at its sole expense and cause to be kept in force at all times during the term of this
permit, liability insurance in the form of primary and excess, or layered amounts of
insurance covering the operation of the Airline's owned or non-owned automobiles
and other ground vehicles at the Airport, written on a per occurrence basis in a
combined single limit of not less than Twenty Five Million Dollars ($25,000,000) for
bodily injury and property damage liability per any one occurrence. Upon
certification of Airline that Airline does not own, maintain, or operate vehicles at the
Airport, City Manager may relieve Airline of Airline's obligations under this Section.
D. Commercial General Liability Insurance: A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least
$2,000,000 bodily injury and property damage including coverage for contractual
liability, personal injury, independent contractors, property damage, products and
completed operations.The Commercial General Liability Policy shall name the City
of Palm Springs as an additional insured in accordance with standard ISO additional
insured endorsement form CG2010 (1185) or equivalent language.The Commercial
General Liability Insurance shall name the City, its officers, employees and agents as
additional insureds to the extent of their indemnified interest.
E. General Provision Applicable-to Airline's Insurance:All of the policies of insurance
required to be procured by Airline pursuant to this section shall be (i) in a form and
content common to the industry and reasonably satisfactory to the City and written
by insurers satisfactory to the City; be (ii) primary insurance; and-shall (iii) name the
City, its officers, employees and agents as additional insureds to the extent of their
indemnified interest.All of said policies of insurance shall provide that said
insurance might not be amended or cancelled without providing ten (10) days prior
written notice by registered mail to the City. Prior to the Effective Date of this
permit, and at least thirty(30) days prior to the expiration of any insurance policy,
Airline shall provide City with certificates of insurance or appropriate insurance
binders evidencing the above insurance coverage written by insurance companies
Non-Signatory Airline Operating Permit Page 5 Palm Springs International Airport
acceptable to the City, licensed to do business in California. In the event the City
Manager determines that (i) the Airline's activities at the Airport create an increased
or decreased risk of loss to the City, (ii) greater insurance coverage is required due
to the passage of time, or(iii) changes in the industry require different coverage to
be obtained, Airline agrees that the minimum limits of any insurance policy and the
types of insurance policies required to,be obtained by Airline may be changed
accordingly upon receipt of written notice from the City Manager; provided that
Airline shall have the right to appeal a determination of increased coverage by the
City Manager to the City Council of City within ten (10) days of receipt of notice
from the City Manager. City and Airline hereby waive any rights each may have
against the other on account of any loss or damage occasioned by property damage
to the Premises, its contents, or Airline's trade fixtures, equipment, personal
property or inventory arising from any risk generally covered by insurance against
the perils of fire, extended coverage,vandalism, malicious mischief, theft, sprinkler
damage, and earthquake sprinkler leakage. Each of the parties, on behalf of their
respective insurance companies insuring such property of either Airport or Airline
against such loss, waives any right of subrogation and contribution that it may have
against the other. The foregoing waivers of subrogation shall be operative only so
long as available in California and provided further that no policy is invalidated
thereby. The Liabilities Policies shall name the City of Palm Springs as an additional
insured in accordance with standard ISO additional insured endorsement form
CG2010 (1185) or equivalent language. The Liability Insurance shall name the City,
its officers, employees and agents as additional insureds to the extent of their
indemnified interest.
7. Covenant Against Discrimination: In connection with its performance under this Agreement,
Operator shall not discriminate against any employee or applicant for employment because of
actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e.,
place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual
orientation, gender identity, gender expression, physical or mental disability, or medical condition
(each a"prohibited basis"). Operator shall ensure that applicants are employed, and that
employees are treated during their employment,without regard to any prohibited basis. As a
condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Operator certifies that its actions and omissions hereunder shall not incorporate any
discrimination arising from or related to any prohibited basis in any Operator activity, including
but not limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship; and further,that Operator is in full compliance
with the provisions of Palm Springs Municipal Code Section 7.09.040, including without
limitation the provision of benefits, relating to non-discrimination in city contracting.
8. Airline Operations: Airline agrees to operate its business as a commercial operator at the
Airport for the use and benefit of the public; to make available all facilities and services to the
public, without unjust discrimination; and to refrain from imposing or levying excessive,
discriminatory, or otherwise unreasonable charges or fees.
9. Prohibited Uses: Airline shall not do or permit anything to be done in, on, or at the Airport
which will in any way conflict with any law, or ordinance of any governmental agency, or with
the City's rules and regulations provided for in Section 1 above, or create a nuisance or in any
Non-Signatory Airline Operating Permit Page 6 Palm Springs International Airport
way obstruct or interfere with the rights of other users of the Airport, or damage any property
or endanger the health and safety of persons using the Airport.
10. Non-Discrimination and FAA Required Clauses:
A. Airline, for itself, heirs, personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree as a covenant running
with the Premises that, in the event facilities are constructed, maintained, or otherwise
operated on the said Premises described in this Agreement for a purpose for which a
Department of Transportation (DOT) program or activity is extended or for another purpose
involving the provision of similar services or benefits,Airline shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to Title
49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
B. Airline,for itself, personal representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree as a covenant running with the
Premises that: (i) no person on the grounds or race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities; (ii) in the construction of any improvements on,
over or under such Premises and the furnishing of services thereon, no person on the
grounds of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; and (iii)Airline shall use the
Premises in compliance with all other,requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
C. In the event of breach of any of the above nondiscrimination covenants, City shall have the
right to terminate the Agreement and to re-enter and repossess said Premises and the
facilities thereon, and hold the same as if an agreement had never been made or issued.
This provision does not become effective until the procedures of 49 CFR Part 21 are
followed and completed including expiration of appeal rights.
D. Airline shall furnish its services on a fair, equal and not unjustly discriminatory basis to all
users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for
each unit of service; provided Airline may be allowed to make reasonable and
nondiscriminatory discounts, rebates or other similar type of price reductions to volume
purchasers.
E. Noncompliance with the preceding paragraph shall constitute material breach thereof and,
in the event of such noncompliance, City shall have the right to terminate this Agreement
Non-Signatory Airline Operating Permit Page 7 Palm Springs International Airport
and the leasehold interest hereby created without liability therefore or, at the election of
City or the United States, either or both said Governments shall have the right to judicially
enforce such provisions.
F. Airline agrees that it shall insert the provisions in the five preceding paragraphs in any
agreement by which Airline grants a right or privilege to any person,firm or corporation to
render services to the public on the Airport.
G. Airline assures that it will undertake an affirmative action program as required by 14 CFR
Part 152, Subpart E, to insure that no person, on the grounds or race, color, national origin,
or sex be excluded from participating in any employment activities covered in 14 CFR Part
152, Subpart E.Airline assures that no person shall be excluded on these grounds from
participating in or receiving the services or benefits of any program or activity covered by
this subpart. Airline assures that it will require that its covered suborganizations provide
assurances to Airline that,similarly, they will undertake affirmative action programs and
that they will require assurances from their suborganizations to the same effort, as required
by 14 CFR 152, Subpart E.
H. City reserves the right to further develop or improve the landing area of the Airport as it
sees fit regardless of the desires or view of Airline and without interference or hindrance.
I. City reserves the right, but shall not be obligated to Airline,to maintain and keep in repair
the landing area of the Airport and all publicly-owned facilities of the Airport, together with
the right to direct and control all activities of Airline in this regard.
J. This Agreement shall be subordinate to the provisions and requirements of any existing or
future agreement between City and the United States, relative to the development,
operation or maintenance of the Airport.
K. There is hereby reserved to City, its successors and assigns,for the use and benefit of the
public, a right of flights for the passage of aircraft in the airspace above the surface of the
Airport herein. This public right of flight shall include the right to cause in said airspace any
noise inherent in the operation of any aircraft used for navigation or flight through the said
airspace or landing at,taking off from, or operation on the Airport.
L. Airline agrees to comply with the notification and review requirements covered in Part 77 of
the Federal Aviation Regulations in the event future construction of a building is planned for
the Airport, or in the event of any planned modifications or alterations of any present or
future building or structure situated on the Airport.
M. Airline, by accepting this Agreement, agrees for itself, its successors and assigns that it will
not make use of the Airport in any manner which might interfere with the landing and
takeoff of aircraft from the Airport or otherwise constitute a hazard. In the event the
aforesaid covenant is breached, City reserves the right to enter upon the Premises hereby
leased and cause the abatement of such interference at the expense of Airline.
Non-Signatory Airline Operating Permit Page 8 Palm Springs International Airport
N. It is understood and agreed that nothing contained shall be construed to grant or authorize
the granting of an exclusive right within the meaning of Section 308a of the FederalAviation
Act of 1958 (49 U.S.C. 1349a).
0. This Agreement and all the provisions hereof shall be subject to whatever right the United
States Government now has or in the future may have or acquire affecting the control,
operation, regulation and taking over of said Airport or the exclusive or nonexclusive use of
the Airport by the United States during the time of war or national emergency.
11. Federal Grants: This Agreement shall be subordinate to the provisions of any existing and future
agreements between the City and the United States of America, its boards, agencies, or
commissions, relative to the operation or maintenance of the Airport,the execution of which
has been, or will be, required as a condition to the expenditure of Federal funds for the
development of the Airport.
12. Notice: Any notice given under the provision of the Permit shall be in writing and shall be
delivered personally or sent by certified or registered mail, postage prepaid addressed to Airline
at the address set forth on page 1 of this Permit and to the City as follows:
Airport Director
Palm Springs International Airport
3400 E.Tahquitz Canyon Way, Suite OFC
Palm Springs, CA 92262
and
Attention: City Manager
3200 E. Tahquitz Way, PO Box 2743
Palm Springs, CA 92261
Any such notice or other document shall be deemed to be received as of three (3) days after the
date deposited in the mail, if mailed in accordance with this Section.
13. Damage/ Improvements:The Airline shall promptly repair or replace any property of the City
damaged by the Airline operations hereunder.The Airline shall not install any fixtures or make
any alterations or improvements in or additions or repairs to any property of the City except
with the prior written approval of the City's Director of Aviation.
14. Assignment: Airline shall not assign the Permit or any interest therein, without the prior written
consent of the City. For purposes of this Agreement, an assignment shall be deemed to include
the transfer of any person or group of persons acting in concert, of more than fifty percent 50%
of the present ownership and/or control of Airline, taking all transfers into account on a
cumulative basis.An assignment requiring prior written consent of the City under this Section
Non-Signatory Airline Operating Permit Page 9 Palm Springs International Airport
13 also include, but is not limited to, dual-branding,jointly-operated businesses or other form of
joint venture. Notwithstanding the foregoing, Airline may assign this Agreement to any
successor-in-interest of Airline with or into which Airline may merge or consolidate or to any
entity which may acquire substantially all of the assets of Airline without the consent of the City;
provided that said assignee complies with all of the other terms of this Section. Any assignment
or subletting without the consent of the City shall be void and constitutes incurable default
hereunder.
15. Default:The occurrence of any one or more of the following events shall constitute a default
and breach of the Permit by Airline: (i)the failure to pay any rental or other payment required
hereunder to or on behalf of City more than three (3) days after written notice from Cityto
Airline that Airline has failed to pay rent when due; (ii)the failure to perform any of Airline's
agreement or obligations hereunder exclusive of a default in the payment of money where such
default shall continue for a period of thirty (30) days after written notice thereof from City to
Airline which notice shall be deemed to be the statutory notice so long as such notice complies
with statutory requirements; (iii) the making by Airline of a general assignment of Airline's _
location at the Airport or of Airlines interest in the Permit, (iv) the filing by any creditor of Airline
of an involuntary petition in bankruptcy which is not dismissed within sixty(60) days after filing;
or (v) the attachment, execution or other leasehold where such an attachment, execution or
seizure is not discharged within sixty (60) days advance written notice. In the event of any such
default or breach by Airline's right to possession thereunder.
16. Termination:This Permit may be terminated by either party,with or without cause, upon
providing the other party with thirty (30) days advance written notice. Airline shall deliver to
the City the possession of any space leased to Airline or jointly to Airline and others, at the
termination of this Permit by expiration or otherwise. Such space shall be delivered in clean and
good condition in accordance with Airline's express obligations hereunder, except for
reasonable wear and tear,fire and other casualty.Airline shall have the right at any time during
the term of this Permit, or any renewal or extension hereof,to remove or sell its trade fixtures
and equipment situated on the space that were installed, or placed by it, at its expense in, on or
about the space pursuant to the provisions of this Permit subject however to any valid lien that
the City may have thereon for unpaid fees or other charges.Any such removal shall beat
Airline's expense and accomplished in a good workmanlike manner. Any damage occasioned by
such removal shall be repaired at Airline's expense so that the space may be surrendered in a
good, clean and sanitary condition.Any holding over by Airline after the cancellation or
termination of this Permit shall not operate to extend or renew this Permit for any further term
whatsoever. Acceptance by City of payment of rents,fees or charges after cancellation or
termination shall be deemed to be payment on account and shall not operate to waive or
modify any provision of this paragraph.
17. Venue:The parties hereto agree that the State of California is the proper jurisdiction for
litigation of any matters relating to this Permit, and service mailed to the address Airline set
forth herein shall be adequate service for such litigation.The parties further agree that
Riverside County, California, is the proper place for venue as to any such litigation and Airline
agrees to submit to the personal jurisdiction of such court in the event of such litigation.
Non-Signatory Airline Operating Permit Page 10 Palm Springs International Airport
18. Integration:The Permit covers in full each and every agreement of every kind or nature
whatsoever between the parties hereto concerning the Permit, supersedes any and all previous
negotiations, agreements and understandings, if any, between the parties, oral or written, and
merges all preliminary negotiations and agreements of whatsoever kind or nature herein.
Airline acknowledges that City or its agents or representatives have made no representations or
warranties of any kind or nature not specifically set forth herein.
19. Corporate Authority:The Persons executing this Permit on behalf of the Airline hereto warrant
that (i) such Airline is duly organized and existing, (ii) they are duly authorized to execute and
deliver this Permit on behalf of said Airline, (iii) by so executing this Permit, such party is
formally bound to the provisions of this Permit, and (iv) the entering into this Permit does not
violate any provision of any other Permit or Agreement to which said party is bound.
Non-Signatory Airline Operating Permit Page 11 Palm Springs International Airport
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.Signer a Name_ 3igner a Name:
❑Goeporate Officer,—Tide(): ❑Gorporate Officar—Tftle(a)_.
❑Partner— ❑Limited ❑General ❑Partner— ❑Limited ❑General;
❑Individual [].Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Ganaervaator ❑Trustee ❑duardirul or Conservator
❑Other ❑-Other_
.Signer Is Representing: Signer Is Reprfsaerding:
4':2fi14!atom]Notary Ambcisfacer 1-SW-US N07ARY(1-SM-878-682 ) ftam lf5W7
Non-Signatory Airline Operating Permit Page 13 Palm Springs International Airport
IN WITNESS WHEREOF,the parties have executed and entered into this Lease as of the date first written above.
CITY OF PALM SPRINGS
ATTE . . a municipal corporation
By B
C1 lerk City Manager
er
APPROVED AS TO FORM: APPF LIVED BY CITY COUNCIL.
��332 IM M
By: o /
City Attorney
AIRLINE: Check one: _Individual -PartnershiplCorporation Corporations
require two notarized signatures: One from each of thefollowing:
A: Chairman of Board, Pre i II nt, or any Vice President;AND
B: S c etary Mit Ser tary,Treasurer,Assistant Treasurer,or Chie Fin ncial Officer).
By: I � 'AI By:
Signature(notarized) Signature(notarized)
Name: �► '� r�l -�f Name:
Title: Title: ��
State of � L/► ��- State of -C�/tit��` �2�
County of ►�Y/��O� County of
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before me, V�1 `� -t— C� On 30 0�before me,
Personally appeared 1U k+I xcW C.•kvc,(Ck- Personally appeared ke, r-k-
proved to me on the basis of satisfactory evidence to proved to me on the basis of sati actory evidence to
be the person(s)whose name(s)is/are subscribed to be the person(s)whose name(s)is/are subscribed to
the within instrument and acknowledged to me that the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s),or the signature(s)on the instrument the person(s), or the
entity upon behalf of which the person(s)acted, entity upon behalf of which the person(s)acted,
executed the instrument. executed the instrument.
WITNESS my hand and offi ial se WITNESS my hand and offici I seal.
_
Notary Signature: Notary Signatur
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Notary Notary Seal: STATE
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Non-Signatory Airline Operating Permit Page 12 Palm Springs International Airport
z
CERTIFICATE OF INSURANCE
This certificate is given as a matter of information only and confers no rights upon the certificate addressee.
Date:August 9,2019
This is to certify to: That the following policy has been issued to:
The City of Palm Springs,its commissioners,directors,agents,officers and CORPORATE FLIGHT MANAGEMENT, INC.
employees DBA CONTOUR AIRLINES
3200 E.Tahquitz Canyon Way 808 BLUE ANGEL WAY
Palm Springs,CA 92262 SMYRNA,TN 37167
Policy No.See Attached Schedule issued by See Attached Schedule
Policy Period: from April 1,2019 to April 1,2020 Policy Territory:Worldwide.
AIRCRAFT LIABILITY
Single Limit Bodily Injury and Property Damage Including Passengers
(All expressed limits are"Each Occurrence" unless otherwise indicated)
Registration Liability
Number Year Make Model Limit Third Party War Liability
N16502 1999 EMBRAER ERJ-135ER $150,000,000 $50,000,000 Aggregate
N16501 1999 EMBRAER ERJ-135ER $150,000,000 $50,000,000 Aggregate
N11526 2001 EMBRAER ERJ-135LR $150,000,000 $50,000,000 Aggregate
N17513 2000 EMBRAER ERJ-135LR $150,000,000 $50,000,000 Aggregate
N15527 2001 EMBRAER ERJ-135LR $150,000,000 $50,000,000 Aggregate
_ N16919 2001 EMBRAER ERJ-145 $150,000,000 $50,000,000 Aggregate
N16525 2001 EMBRAER ERJ-135LR $150,000,000 $50,000,000 Each Occurrence
N16511 2000 EMBRAER ERJ-135ER $150,000,000 $50,000,000 Aggregate
N27512 2000 EMBRAER ERJ-135ER $150,000,000 $50,000,000 Aggregate
AIRCRAFT PHYSICAL DAMAGE
Registration Hull
Number Year Make Model Risk Basis War
N16502 1999 EMBRAER ERJ-135ER All Risk Included
N16501 1999 EMBRAER ERJ-135ER All Risk Included
N11526 2001 EMBRAER ERJ-135LR All Risk Included
N17513 2000 EMBRAER ERJ-135LR All Risk Included
N15527 2001 EMBRAER ERJ-135LR All Risk Included
N16919 2001 EMBRAER - ERJ-145 All Risk Included
N16525 2001 EMBRAER ERJ-135LR All Risk Included
N16511 2000 EMBRAER ERJ-135ER All Risk Included
N27512 2000 EMBRAER ERJ-135ER All Risk Included
Continued on Page 2
Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,
the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. This certificate does not amend,
extend or otherwise alter the coverages afforded by the policies described herein. Limits may have been reduced by paid claims.
GLOBAL AEROSPACE
GLOBAL AEROSPACE, INC.
�b
BY: Certificate No. 1902946943
This certificate supercedes# 1882959615
ACZ001 (September 1,2009) Page 1 of 3
CERTIFICATE OF INSURANCE
This certificate is given as a matter of information only and confers no rights upon the certificate addressee.
Date:August 9,2019
This is to certify to: That the following policy has been issued to:
The City of Palm Springs,its commissioners,directors,agents,officers and CORPORATE FLIGHT MANAGEMENT, INC.
employees DBA CONTOUR AIRLINES
3200 E.Tahquitz Canyon Way 808 BLUE ANGEL WAY
Palm Springs,CA 92262 SMYRNA,TN 37167
Policy No.See Attached Schedule issued by See Attached Schedule
Policy Period:from April 1,2019 to April 1,2020 Policy Territory:Worldwide
Aviation Personal Injury Liability$25,000,000 Annual Aggregate
As respects liability coverage for bodily injury and property damage arising out of the ownership,maintenance,or use of aircraft described
in this certificate,the definition of Insured has been amended to include the certificate addressee,but only with respect to his,her,or its
liability because of acts or omissions of the Named Insured and to no greater extent than the scope of the insurance afforded by the policy.
The insurance,as to the interest of the certificate addressee,shall be primary without right of contribution by any other valid and collectible
insurance available to the certificate addressee.
The Company waives any right to recovery it may have against the certificate addressee because of payments it makes for physical damage
to aircraft described in this certificate,but only to the same extent that the Named Insured has waived its right of recovery for such physical
damage against the certificate addressee.
The Company agrees to give 30 days notice(10 if cancelled for non-payment of premium)to the certificate addressee in the event the policy
is cancelled by the Company.
GLOBAL AEROSPACE
Certificate No. 1902946943
This certificate supercedes# 1882959615
ACZ001(September 1,2009) Page 2 of 3
Schedule of Insurers
Share
isurer Policy Number Percentage
kllianz Global Risks US Insurance Company through Allianz Global Corporate&Specialty A3GA000259619AM 20%
)ne or more Member Companies of Global Aerospace Pool through Global Aerospace, 15000832 20%
is
)BE Aviation QAVC000533 20%
:L Specialty Insurance Company Through XL Aerospace UA00014471AV19A 20%
V. Brown&Associates Insurance Services On behalf of Endurance American Insurance NQG6023567 20%
;ompany
Page 3 of 3
CERTIFICATE OF INSURANCE
This certificate is given as a matter of information only and confers no rights upon the certificate addressee.
Date: August 13,2019
This is to certify to: That the following policy has been issued to:
The City of Palm Springs,its commissioners,directors,agents, CORPORATE FLIGHT MANAGEMENT,INC.
officers and employees DBA CONTOUR AIRLINES
3200 E.Tahquitz Canyon Way 808 BLUE ANGEL WAY
Palm Springs,CA 92262 SMYRNA,TN 37167
Policy No. 15000142 issued by one or more member companies of Global Aerospace Pool through Global Aerospace,Inc.
Policy Period:from April 1,2019 to April 1,2020
AVIATION GROUND OPERATIONS LIABILITY
Coverages Limits of Liability
Each Occurrence Limit $2,000,000
Damage to Premises Rented to You Limit $1,000,000
Medical Expense Limit(Any One Person) $1,000
Personal and Advertising Injury Aggregate Limit $2,000,000
General Aggregate Limit(Other than
Products-Completed Operations and Hangarkeepers) $2,000,000
Products-Completed Operations Aggregate Limit $2,000,000
Hangarkeepers' Each Accident Limit $2,000,000
Hangarkeepers'Each Aircraft Limit $2,000,000
Contractual Liability Limit $2,000,000
Coverage is provided for use of autos and mobile equipment on airport premises within the terms and conditions of the policy at a limit of
$25,000,000.
The WHO IS AN INSURED section of the policy has been amended to include the certificate addressee as an insured,but only with respect to
liability for injury,damage or loss to which the insurance afforded by the policy applies caused by the Named Insured's maintenance or use of that
part of the premises leased to the Named Insured by the certificate addressee. The coverage afforded does not apply to(a) an occurrence or
accidental loss of or physical injury to aircraft which takes place or any offense committed after the Named Insured has ceased to be a tenant,(b)
structural alterations,new construction or demolition operations performed by or on behalf of the certificate addressee,or(c)to bodily injury caused
by the certificate addressee providing or failing to provide professional health care services.
The insurance,as to the interest of the certificate addressee,shall be primary without right of contribution by any other valid and collectible insurance
available to the certificate addressee.
The Company waives any right of recovery it may have against the certificate addressee it may acquire under the policy but only to the same extent
that the Named Insured has waived its right of recovery against the certificate addressee.
The Company agrees to give 30 days notice(10 if cancelled for non-payment of premium)to the certificate addressee in the event the policy is
cancelled by the Company.
Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,
the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. This certificate does not
amend,extend or otherwise alter the coverages afforded by the policies described herein. Limits may have been reduced by paid claims.
GLOBAL AEROSPACE, INC. GLOBAL AEROSPACE
BY: Certificate No. 1047647360
This certificate supercedes# 1191830015
AGLZ001 July 2009 Page 1 of 1