HomeMy WebLinkAboutA7232 - FAIR AIR AIRLINES - AIRPORT REVENUES Palm Springs International Airport—City of Palm Springs
Non-Signatory Airline Operating Permit
(Month to Month)
Airline Information
Name: Flair Air (hereinafter"Airline")
Airline Representative: Lawrence A.Wright Title Director of Airport Operations
Address: 1000 Airport Rd, Edmonton International Airport
City/State/Zip Code: Edmonton,Alberta,AB T9E OV3,Canada
Phone: 431-997-9990
Email: Lawrence.wright@flairair.ca
GENERAL PROVISIONS
A. Reference to Signatory Airline Agreement: This Permit references terms contained in the current
Airport Use and Lease Agreement, dated July 1, 2014,as may be amended ("Signatory Airline
Agreement')with Signatory Airlines. Unless otherwise stated, all capitalized terms used in this Permit
shall have the meaning set forth in the Signatory Airline Agreement. Airline represents that,prior to its
execution of this Permit, it has received a copy of the Signatory Airline Agreement 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 December 15, 2018("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 per 1,000 pounds of Certificated Maximum Landing
Weight based on 125%for Signatory Airlines under the Signatory Airline Agreement.
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. For fiscal year 7/1/18—6/30/19,the Special Capital Projects Fund Surcharge is
calculated as$950,000 divided by previous fiscal year total enplaned passengers times
ORIGINAL BID
AND/OR AGREEMENT
125%. The fee which will be recalculated in mid-July of every year of the term based on
actual fiscal year statistics.
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 per enplaned passenger,which will be recalculated in mid-July of every year of the term
based on the actual fiscal year statistics.
4. Passenger Loading Bridge/Hold Room Fee: Airline shall pay a Loading Bridge/Hold Room
Fee that is 125%of the Loading Bridge/Hold Room Fee described in Section 5.03(D)of the
Signatory Airline Agreement. For reference purposes,the current fee payable by Airline is
described in Exhibit A(Signatory Airline fee times 125%) per operation. For purposes of this
section "operation"shall mean both the enplaning and deplaning of a single aircraft.
S. Passenger Facility Charge: Airline shall pay a passenger facility charge as required by Part
158 of the Federal Aviation Regulations.
6. Security Deposit: New Non-Signatory Airlines shall deposit with the City a sum equal to two
(2) months airline rental rates for terminal and landing fees. If Airline is not in default for
continuous eighteen (18) months,City will waive the requirement for a security deposit.
Existing airlines with no delinquent payments in the prior eighteen(18)contiguous months
are not subject to this deposit. Flair Airline deposit to be$9,000 in U.S.funds(landing fee
and monthly rental x 2).
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. Should Airline
choose not to provide porter services to assist passengers with luggage, City may solicit for porter
services on behalf of Airline with said solicitation to require indemnification by vendor of Airline and City
for lost luggage. Any agreement between any porter service vendor and either the Airline or City
resulting from said solicitation shall be cost neutral to the City.
F. Ground Handling: Airline shall arrange with Signatory Airlines 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 pro-rate 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 and payment of the Exclusive Use Space Rate
described at Section 5.03 (A)of the Signatory Airline Agreement.
I. Supplemental Space: Airline may elect to lease available space at the Airport in the categories of
baggage claim desk,office space,storage space or other space(collectively"Supplemental Space')as
approved in writing by the City Manager or a designated representative. Rates shall be as established in
the City's Comprehensive Fee Schedule. Specific Supplemental 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 Supplemental Space from time to time with changes occurring via letters of
mutual agreement executed between Airline and the Director of Aviation.
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 of the 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(10")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 fee 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, Passenger Loading Bridge Fees/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 (101")day of each month for the
amount of Airline's Exclusive Use Space for the next ensuing month. Not later than the first
(1") 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 plus the 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.
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 there from.
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 fees.
D.
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 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 may self-insure all or a portion of 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 the Airline and City against any loss,claim or damage arising from any injuries or
occupational diseases occurring to any person employed or retained by the Airline in the
course of conducting Airline's business in 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 thirty(30)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 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,waive 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 from 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. 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.
8. 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 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.
9. 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: (1) 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;(2) 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(3)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 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,expressly agrees for itself, its successors and assigns that it
will not erect nor permit the erection of any structure or object, nor permit the growth of any
tree on the land leased hereunder above the mean sea level elevation of 600 feet. In the event
the aforesaid covenants are breached,City reserves the right to enter upon the premises and to
remove the offending structure or object and cut the offending tree,all of which shall be at the
expense of Airline.
N. 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.
O. It is understood and agreed that nothing contained in this agreement shall be construed to grant
or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal
Aviation Act of 1958(49 U.S.C. 1349a).
P. In connection with its performance underthis Agreement,Contractor 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"). Contractor 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, Contractor certifies that its actions and
omissions hereunder shall not incorporate any discrimination arising from or related to any
prohibited basis in any Contractor 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 Contractor 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.
Q. 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.
10. 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.
11. Notices: 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
300 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.
12. 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.
13. Assignment: Airline shall not assign this 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 13 also includes, 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 Permit. Any assignment or subletting without the consent of the City shall be void and
constitutes incurable default hereunder.
14. 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 ten (10)days after receipt by Airline of written notice from City that
Airline has failed to pay rent or other amount 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.
15. 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 be at 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.
16. 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.
17. 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 no
representations or warranties of any kind or nature not specifically set forth herein have been made by
City or its agents or representatives.
18, 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.
Signature Page Follows
IN WITNESS WHEREOF,the City and the Consultant have caused this Agreement to be executed the day and
year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS,CA t,
By I By z�
Anthony Melia, City Clerk David H. Ready, City Manage
Date: a j Date:
APPROVED AS TOFORM: /// APPROVED BY�CITY
�COUNCIL:
I8y��i t��1 � La ; Date:�J t ty�(Agreement No.
Edward Z. Kotkin, City Attor y W l0(D�
AIRLINE:Corporations require two notarized signatures: One from each of the following:
A. Chairman of Board, President or any Vice President;AND
Assistant S creta�er,Assistant Treasurer,or Chie financial Officer
y: By:
Signature(notarized) (� gnature(notarized) J /`
Name: �, �--a �' Name:KA rJe'ENCP
1 1/ /J�h �7 �l
Title: tt L GEM/�N`��Lf/iZ , VI"YYifle: /�CRIJ 0 / i,lip 1 on /
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y�,.,
On Dec c{. JOkI before me, !S Clnsgj6 t F'�elepvn before me,1-eiw reMeP �rtg
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Non-Signatory Airline Operating Permit Palm Springs International Airport 13
EXHIBITA
Non — Signatory SUPPLEMENTAL SPACE — Flair Airlines
Current rates and charges — subject to change per the AULA
Month to month charges
Airline elects to lease Supplemental Space. Said Supplemental Space Lease
shall become effective July 1, 2014. Airline elects to lease the following space:
Space Type Sq. Ft. Rate
Exclusive (Conditioned) Space -0- $43.13/Sq. Ft./Annum
Ticket Counter Space (curbside) 245 $43.13/Sq. Ft/Annum
Baggage Make-up Space 330 $21.56/Sq. Ft./Annum
Executive Office Space $43.13/Sq. Ft./Annum
Non-Signatory common use $1.38 per enplaned passenger
Special Capital $1.45 per enplaned passenger
Landing Fee $2.06 /1000 MGLW
Bono Hold Room $107.50 per use
RJ Hold Room $54.00 per use
Space S . Ft. Rate Monthly RYeqrlExclusive(Conditioned) Space -0-
Ticket Counter Space(outside) 245 $43.13 $880.57 Baggage Make-up Space 330 $21.56 $592.90
Baggage Service Desk
Curbside Check-in
(plus per use fees as listed above)
Total square footage 575
Total Payment $1,473.47
Non-Signatory Airline Operating Permit Palm Springs International Airport 14
WillisTowers Watson 1.1'1'1.1
CERTIFICATE OF INSURANCE
Reference No. FLR/2018/GEN/0043R
Certificate Holder(s):
City of Palm Springs, its officials,employees,and agents
3200 E Tahquitz Canyon Way
Palm Springs,CA 92262
27 November 2018
This is to certify that Insurance, as described hereunder, has been arranged on behalf of the Insured named herein and
that such insurance,at the date hereof,is in full force and effect.
Insured Flair Airlines Ltd. Term From 01 November 2018
5795 Airport Way To 01 November 2019
Kelowna, BC both days at 12.01am Standard Time
V1 V 1 S1 at the address of the Insured
Insurer(s) Certain Licensed Canadian Insurers as held on file with Willis Canada Inc.(100%)
Policy No. CA0003414AV18A
Interest(s)Insured All aircraft owned and/or leased and/or operated by the Named Insured.
Coverage(s) Comprehensive Airline Liability Insurance (including AVN 52E) including Aircraft Third Party
Bodily Injury (including passengers) Personal Injury and Property Damage Legal Liability,
Cargo Legal Liability, Premises and Operations Liability, Hangarkeepers and Products /
Completed Operations Liability.
Limit(s)of Liability/ Combined Single Limit CAD800,000,000 each occurrence, each aircraft and in the annual
Sum(s)Insured aggregate in respect of Products�ted Operations.
Subject to a limit of USD255,0000 each occurrence and in the annual aggregate in respect
of Personal Injury(excep witt h respect to passengers to whom the full limit applies).
Subject to a limit of CAD25,000,000 each occurrence in respect of Cargo Legal Liability.
Subject to a limit of USD25,000,000 each occurrence in respect of Contingent Employers
Liability.
Subject to a limit of CAD25,000 000 in excess of CAD2,000,000 Primary each occurrence ih
respect of Excess Automobile Liability
The coverage: provided with respect to War and Allied Perils is in accordance with the
Extended Coverage Endorsement (AVN52E) and is limited to a Combined Single Limit of
CAD250,000,000 each occurrence and in the annual aggregate (except with respect to
passengers) to whom the full limit applies; however, overall AVN52E annual aggregate not to
exceed USD250,000,000.
Geographical Limits Worldwide
Special Provisions) Pursuant to an Agreement between the Insured and the Certificate Holder(s) in force at the
date of issuance of this Certificate, Insurers agree that the following special provision shall
apply:
1500-1095 W.Pender St.
Vancouver,BC,Canada,V6E 2M6
Tel:(604)688-5580 Fax:(604)683 5746 Websde:www.willistowerswatson.corn
WillisTowers Watson U1111d
• The Certificate Holder is added as an Additional Insured, however only with respect t/
to occurrences arising from operations of the Named Insured.
• The Insurances shall be primary and without right of contribution from any other ✓
insurance which may be available to Additional Insureds.
• It is agreed that written notice of cancellation of/or adverse material change in the
insurance evidenced by the Certificate, will be given to the Certificate Holder, by
Insurers at least thirty (30) days prior to any such change or cancellation becoming
effective EXCEPTING, HOWEVER, as regards coverage in respect of War and Allied
Perils Coverage (where applicable), which are subject to automatic and/or seven (7)
days notice of cancellation provision(s). Such notice will NOT, however be given at
normal expiry of insurances or any endorsement.
Subject always to the scope of the policies noted above and the policies' declarations, insuring agreements, definitions,
terms,conditions, limitations,exclusions, deductibles,warranties and endorsements remaining paramount.
This Certificate of Insurance is Issued as a summary of the insurances under the policies noted above and
confers no rights upon the Certificate Holder(s) as regards those insurances other than those provided by
the policies.
As respects each Certificate Holder(s) respective interests, this Certificate of Insurance shall automatically
terminate upon the earlier of: (1) Policy expiration; (11) Cancellation of the policies prior to policy expiration,
as notified to the Certificate Holder(s) as required herein; (111)agreed termination of the Contract(s); and/or in
the case of physical damage insurance relating to those Certificate Holder(s)who have an insurable Interest
in the Equipment as of the date of issuance of this Certificate of Insurance: agreed termination of the Named
Insured's and/or the Certificate Holder(s) insurable interest in the Equipment.
The undersigned is not an Insurer and has no liability as an Insurer as a result of Issuing this Certificate or
under the above policies.
If Certificates have been issued prior to the Date of Issue of this Certificate, this Certificate cancels and
supersedes each such Certificate.
(Re)Insurers Liability Clause LMA3333(21106107)
WILLIS CANADA INC.,A WILLIS TOWERS WATSON COMPANY
Authorized Signatory
1500-1095 W.Pander St.
Vanwuver,BC,Canada,WE 2M6
Tel:(504)688-5580 Fax;(604)683 5746 Websfte:www.willlstowerswatson.wm