HomeMy WebLinkAbout04973 - HORIZON AIR IND - NON-SIG AIRLINE OP PERMIT DOCUMENT TRACKING Page: 1 y.LA `
Report: One Document Detail April 12, 2006
Condition: Document Numbera4973,
Document# Description Approval Date Expiration Date Closed Date
A4973 Non-signatory Airline Operating Permit R21069 09/01/2004
Company Name: Horizon Air Industries, Inc.
Address: , ,
Group: AIRPORT
Service: Lease Agreement
xRef: AIRPORT
Ins. Status: No Certificate on file.
Document Tracking Items: Due Completed Trackina Amount Amount
Code Item Description Date Date Date Added Paid
to Dept. 10/13/2004
R21089 09/01/2004
to CM for sign 1 011 1/2 0 04
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--- -- -- , " " END OF REPORT * * * * * *
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Horizon Air Industries Inc
Non-Sig Airline Operating Permi
Palm Springs International Airport—City of Palm Spi AGREEMENT R 21069, 09-0 -04 1-04
Non-Signatory Airline Operating Permit
(Month to Month) -- -
Airline Information
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Name: n { (hereinafter"Airline")
Airline Represee4n�tative: 'B b Tltle:� 'pZ, , P ) g� f 014t,5
Address: 17 �� / FA PRA( �P9 P19
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GENERAL PROVISIONS
A. Reference to Signatory Airline Agreement: This Permit references terms contained in the
Standard Form 04-001A Airport Use and Lease Agreement, dated July 1, 2004, 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 transportations"of persons, property, cargo and mail.
C. Term: Month to Month, commencing on �D��PT 1 Z , 200 y' ("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 $1.56 per 1,000 pounds of landed weight
(based on 125% of the $1.25 Landing Fee 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 7/1/04—6/30/05, the Special Capital Projects Fund Surcharge
is calculated as $300,000 divided by previous fiscal year total enplaned passengers times 125%.
The fee beginning 7/1/04 shall be $.56 per enplaned passenger, 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 beginning 7/1/04 is $1.80 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 Fee: Airline shall pay a passenger loading bridge fee that is
125% of the Passenger Loading Bridge Fee described in Section 5.03(D) of the Signatory Airline
Agreement. For reference purposes, the current fee payable by Airline is $50.00 ($40.00
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Non-Signatory Airline Operating Permit Palm Springs International Airport 1
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.
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 and Airlines.
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-rata 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 Signatory Airline
Agreement, at Section 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 Director of Aviation. Rates shall be as established in the City's Comprehensive
Fee Schedule, Specific Supplemental Space shall be identified in a letter agreement executed between
Airline 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 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 15.01 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 (101h)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
Non-Signatory Airline Operating Permit Palm Springs International Airport 2
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 payable by Airline for such
preceding month based on rates described on page 1 of this 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 (10`h) 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 (6%) 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 not 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 is 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.
Non-Signatory Airline Operating Permit Palm Springs International Airport 3
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 par occurrence basis, with limits of liability for death, personal injury
and property damage in a combined single limit not less than Fifty Million Dollars
($50,000,000), 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 worker's 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 it's
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 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.
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 $1,000,000 bodily
injury and property damage including coverages 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
CG202010(1185) or equivalent language. The Commercial General Liability Insurance shall
name the City, its officers, employees and agents as additional insured 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 (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 30 days prior written notice by registered mail to the City. Prior to the Effective
Date of this permit; and at least 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 coverages written by insurance companies acceptable to the City,
licensed to do business in California. In the event the City Manager determines that (1) the
Airline's activities at the Airport creates 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 coverages 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
Non-Signatory Airline Operating Permit Palm Springs International Airport 4
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 insured 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 persons thereon, 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 26, 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 of 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 or 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, Department of Transportation, Subtitle A, Office of the Secretary, Part 26,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, 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 26 are followed and
completed including expiration of appeal rights.
Non-Signatory Airline Operating Permit Palm Springs International Airport 5
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 or 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
Untied 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 of race, creed, 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 take off
of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid
Non-Signatory Airline Operating Permit Palm Springs International Airport 6
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 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. 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. 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:
Palm Springs International Airport
Director of Aviation
3400 E. Tahquitz Canyon Way, Ste OFC
Palm Springs, CA 92262
Any such notice or other document shall be deemed to be received as of three 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 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 to 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 Section. Any assignment or subletting without the consent of the City shall be void
and constitute 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 three (3) days after written notice from City to 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; (Hi) 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
Non-Signatory Airline Operating Permit Palm Springs International Airport 7
such an attachment, execution or seizure is not discharged within sixty (60) days. 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 City or its agents or representatives have made no representations or warranties of any kind or
nature not specifically set forth herein.
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.
Non-Signatory Airline Operating Permit Palm Springs International Airport g
IN WITNESS WHEREOF, the parties have executed and entering into this Permit as of the
Commencement Date first written above.
CITY OF PALM SPRINGS
ATTEST: A municipal corporation
By: B
City Clerk y City Manager
APPROVED AS TO FORM:
By. y
CityAttor
AIRLINE: Corporations require two notarized signatures: One from each of the following:
A. Chairman of Board, President or any Vice President;AND
B. Secretary, Assistant Secretary, Treasurer,Assistant Treasurer, or,Chief Financial Officer
By: By: �-
Signature (notarized) Signature (notarized)
Name: ANDRFA L SCHNEIDER Name:
SE 014%RCE PRESIDENT CUSTOMER SERVICES �..(�'. G'ENEMIL COUNUL Z SEWtD�'Ulff
Title: Title:
State of WaI !Oy !l State of m;)N jrbn
County of KiA G County of �I tad
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0nS_2$ before me,&Av- m L.Sc)A!8pA On 20 before me, •`YR�6�ntr O�S t
Personally known to me (or proved to me on the Parse ally known to me (or proved to me on the
basis of satisfactory evidence)to be the person(s) basis of satisfactory evidence)to be the person(s)
whose name(s) is/are subscribed to the within whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/ instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) capacity(ies),and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the behalf of which the person(s)acted, executed the
instrument. instrument.
Witness my hand and official seal Witness my hand and official seal
Notary Signature: lip C A � Notary Signature: Q ✓ N �. nn
Notary Seal: �,�w��ao\e4tYiltlt Notary Seal: oo�e�tt
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Non-Signatory Airline Operating Permit Palm Springs International Airport 9
09(28/2004 14:30 FAX 760 318 3815 PSP INT'L ARPT Q 003
IN WITNESS WHERCOF,the 00111015 114ta c>,eouled and Pritardd Into Ihls AgroOMOM sa of[Ile tithe first wrllton ahOV0,
CITY OF PALM SPRINGS
ATTM4'r. A muglGpal corporation
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CONTRAZI'M Chock one:_Indh idual,,,_1amfnershtp„Corpol'pllon /
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Strife of _� State or _
County af„ _ _,__Jsa County at�
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Porconelly appeared pdfaonofty appm1f4d
pmreonally known to _ parcollolly known
nhs(ar prpvea la _rn0 a111ho basf5 o salisfac(oty avidmnDel to to me((or proved to me on t ho Wsia of aallnfactory,ovidenedJ•
tre ate paroan(x)Wfloae narflr5(9]faMrA Au9nCbed to No Io be the peron(s)Wnooa,•nprno(s)ida[e 9uhearlbad to the
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and Ihur by Ulud+mrrthelr stgnalore(aJ an thf Inolntmmnl the and that by htsmor/Moir signattre(s)on the tnstrument the
porSnn( I,orthe entity Ilpo I bobair of Whiten the paraon(s) personlsJ.orthe wtUlydppn Uohdf of wnfch the porsan(s)
p40 exeaned tno 1,1114+ment. stied,exalwted IIIo Inatrulnent
WITNESS My hand and official seal, V ATf EMS my13ILM and official oedl,
Notary Slgnalure: ��_ Notary
Notary 5onl: .Nolnry Seat:
1RV Y16975 v1 _ _ .
QM1[31F
Palm Springs International Airport
PSP MONTHLY AIRLINE ACTIVITY REPORT
COMPLETED BY:
FOR THE MONTH OF YEAR:
PHONE:
AIRLINE: EMAIL OR FAX:
CITY USE ONLY
REVENUE FLIGHTS ENPLANED DEPLANED SURCHARGE
PASSENGERS
AIR FREIGHT Ibs)
AIR MAIL
AIR EXPRESS
CITY USE ONLY
TOTAL LANDING WT
AIRCRAFT TYPES CONFIGURATION GROSS MAX LANDING WT. TOTAL LANDINGS TOTAL LANDING FEES
LOADING BRIDGE USED FOR ABOVE LANDINGS: YES NO
THE FOLLOWING FLIGHTS WERE'CANCELLED(LIST INDIVIDUALLY)
DATE JFLIGHT# REASON
Report due by the 10th of each month for the prior month.
May be faxed to 760.319.3915 or emailed to JanetB@ci.palm-springs.ca.us
Department of Aviation
Palin Sprinbes International Airport
C'�C 3400 E.Taliquaz Canyon Way,Suac OPC o Palm Springs,California 92262-6966
ICE TEE:(760)318-3800 FAX(760)318-3815 o TDD(760)864-9527
September 30, 2004
Horizon Airlines, Inc.
Attn: Howard Thiersch, Assoc. General Counsel
19521 International Blvd
Seattle, WA 98168-0977
RE: LETTER AGREEMENT: SUPPLEMENTAL SPACE—BAGGAGE DESK#2
Dear Mr. Theirsch:
The Supplemental Space Use Agreement for Baggage Service Desk#2 (copy enclosed) expired June 30,
2004. Per the enclosed new Non-Signatory Airline Operating Permit—Section I, effective July 1, 2004
this Supplemental Space may be leased via a Letter Agreement.
I have been notified that the new Letter Agreement will begin September 12, 2004. Please sign and return
two copies of this Letter Agreement. After it has been fully executed, an original copy will be returned to
you. If you would like to cancel this agreement in the future—30 days advance notice will be required. If
the agreement is cancelled there is no guarantee that the space will be available to you at a later date.
If you have any questions or concerns regarding this matter,please contact me at 760.318.3803.
Sincerely,
Bar a riffi,
Assistant Director of Aviaiton
LETTER AGREEMENT
This Letter Agreement is based on the Non-Signatory Airline Operating Permit effective July 1, 2004.
The Baggage Service Desk#2 consisting of 83.0 square feet as designated on the attached diagram shall
be leased by Horizon Airlines Inc. on a month to month basis beginning September 12, 2004. Either
party upon thirty (30) days written notice may cancel this Letter Agreement.
Based on the City of Palm Springs current Fee Schedule the rate for a non-signatory airline is $20.06 per
square foot per annum or$1,664.98 per year. The monthly payment will be $138.75 payable by Airline
to the City of Palm Springs,beginning Oct 1, 2004 and the first day of each month thereafter. A prorated
payment of$87.88 for September 12—30, 2004 is due on September 12, 2004. This rate remains
unchanged from the prior agreement.
Horizon Airlines shall make into or upon the demised premises no improvements, alterations or additions
without the written consent of Director of Aviation being first obtained. The City of Palm Springs shall
Post Office Box 2743 0 Palm Springs, California 92263-2743
maintain heating and air conditioning systems in good condition and repair. Horizon Airlines shall
provide a complete and proper arrangement for the adequate, sanitary handling and disposal, away from
the Airport of all trash, garbage and other refuse caused as a result of the operation of its business.
Horizon Airlines shall provide and use suitable, covered metal receptacles for all garbage, hash and other
refuse on or in connection with the demised premises. Piling of boxes, cartons,barrels or other similar
items in an unsightly or unsafe manner, on or about the demised premises, is forbidden.
It is agreed by the parties that the broad insurance provision provided under the Non-Signatory Airline
Operating Permit shall also apply to the additional space provided for herein.
The City of Palm Springs may relocate or reconfigure the Supplemental Space from time to time with
changes occurring via letter agreements executed between Airline and the Director of Aviation.
This agreement shall be construed and enforced in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this Letter Agreement for Baggage Service
Desk#2 to be executed effective September 12, 2004.
CITY OF PALM SPRINGS
PALM SPRINGS INTERNATIONAL AIRPORT
Richard S. Walsh, A.A.E.
Director of Aviation
H nzon Airlines, Inc.
Print Name &Title
Ex 12,17 aq.,
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MARSH CERTIFICATE OF INSURANCE ' CERTIFICATE NUMBER
.,_ SEA-000805857-01
PRODUCER THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
THE FINANCIAL CENTER POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
1215 FOURTH AVENUE AFFORDED BY THE POLICIES DESCRIBED HEREIN.
SUITE COMPANIES AFFORDING COVERAGE
SEATTLE,LE,WA 98161-1095
COMPANY
16775-Q1300-10001-2004 A AMERICAN HOME ASSURANCE COMPANY
INSURED COMPANY
HORIZON AIR INDUSTRIES,INC. B
19521 INTERNATIONAL BLVD.
P.0 BOX 68977 COMPANY
SEATTLE,WA 98188, C
COMPANY
D
COVERAGES This certifcate supersedes,and replaces any previously issued certificate for the policy period noted below. .1
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MMIDDIYYI DATE(MMIDOIYY)
GENERAL LIABILITY
GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGG
_ CLAIMS MADE 171 OCCUR PERSONAL 8 ADV INJURY $
OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE Any one fire) $
MED EXPAny ane ereon) $
A AUTOMOBILE LIABILITY 3596053 06/01/04 06/01/05
COMBINED SINGLE LIMIT $ 1,000,069
X ANVAUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Peraccldent)
PROPERTY DAMAGE $
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND WCSTATU- OTH-
EMPLOYERS'LIABILITY TORY LIMITS ER
EL EACH ACCIDENT $
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL EL DISEASE-EACH EMPLOYEE $
OTHER
A HIRED AUTO 3596053 06/01/04 06/01/05 $1,000 DEDUCTIBLE COMP.
PHYSICAL DAMAGE $1,000 DEDUCTIBLE COLL.
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
RE:Non-Signatory Airline Operating Permit. City of Palm Springs,Palm Springs International Airport,its officers and employees are Additional Insured as
required by written contract.
Q1300.118.01
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_-30, DAYS WRITTEN NOTICE TO THE
DIRECTOR OF AVIATION CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
PALM SPRINGS INTERNATIONAL AIRPORT
3400 EASTTAHQUITZ CANYON WAY,SUITE OFC LIABILITY OF ANY MIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE
PALM SPRINGS, CA 92262 IGB US a OF THIS CERTIFICATE
MARSH USA INC.
BY: Debra J.Rue
MM1(3102) VALID AS OF: 09/09/04
CERTIFICATE OF INSURANCE
ISSUED TO: Director of Aviation
Palm Springs International Airport
3400 East Tahquitz Canyon Way, Suite OTC
Patio Springs, CA 92262
NAMED INSURED: Horizon Air Industries,Inc.D/B/A IIorizon Air
P.O.Box 48309
Seattle,WA 98148
We hereby certify that the following described insurance is in force at this date:
INSURE'R(S): See Attachment A, Schedule of Insurers.
POLICY PERIOD: November 15,2003 to November 15, 2004
AIRCRAFT INSURED: All aircraft owned or operated by the Named Insured.
COVERAGES: Comprehensive Airline Liability and Automobile Liability while automobiles owned or operated by the Named
Insured are on airport premises used by the Named Insured.
LIMITS OF LIABILITY: $50,000,000 Combined Single Linrit Bodily Injury,Property Damage and Passenger Liability each
occurrence and in the aggregate where applicable.
SPECIAL PROVISIONS: Only to the extent required in the Non-Signatory Airline Operating Permit Agreement between the
City of Palm Springs (City)and Horizon Air(Airline)to operate as a non-signatory airline at the Palm Springs International
Airport(Airport),the above policies provide the following:
A. The City, its officers, employees and agents are included as additional insureds,but only with respect to the operations of the
Named Insured.
B. This insurance shall be primary without right of contribution from any other insurance which is carried by the City.
C.. If this insurance is cancelled or materially altered in such manner as to affect this Certificate of Insurance,thirty(30) days'
prior written notice of such cancellation or alteration will be provided to the City.
THIS CERTIFICATE DOES NOT CHANGE THE COVERAGES AFFORDED BY THE ABOVE INSURANCE
POLICIES AND THE COVERAGES ARE SUBJECT TO THE TERMS,CONDITIONS,LIMITATIONS,AND
EXCLUSIONS OF SUCH POLICIES.
Date Issued: November 15, 2003 Aon Aviation
707 Wilshire Bl.,Suite 6000
Los Angeles,CA 90017
YTIe
BY:
Authorized Representative
1 of 1 Q1000.140.01
October 6, 2004
Barry Griffith, Assistant Director of Aviation
Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite OFC
Palm Springs, CA 92262-6966
SENT VIA FEDERAL EXPRESS
Re: Non-Signatory Airline Operating Permit
Letter Agreement: Supplemental Space - Baggage Desk #2
Dear Mr. Griffith:
Enclosed are signed copies of the above-identified agreement. Please return a
fully executed copy of the agreement to my attention. If you have any questions
please do not hesitate to contact me.
Sincerely,
Howard Tluersch
Associate General Counsel
Enclosures
Horizon Air - PO. Box 68977 ° Seattle,WA 98168-0977
CONTRACT ABSTRACT
Contract
Company Name: CC��ZO/u /�� I6V 171�� 1��
Company Contact: I*UDPE/� 5C H /UG-Z OL-Z
Summary of Services: A)0/U-51&A)41-b9Y (`HAO-b1 BUG Of -�-fZA)6— It
Contract Price: IVIA (jQNb-wU&)
Funding Source:
Contract Term: MOX)1-7¢ 7E) rn0lu77-� BLz-/1,0
Contract Administration
Lead Department: ✓I 14 /?0YU
Contract Administrator: GjtY47(j " fw wual,S
Contract Approvals
Council/Community Redevelopment
Agency Approval Date:
Minute Order/Resolution Number:
Agreement No:
Contract Compliance
Exhibits: !/
Signatures:
Insurance:
Bonds: iup .
Contract prepared by: ��� �
Submitted on: d QI �I���G By: 9/