HomeMy WebLinkAbout03724 - AIR TRANSAT AT AIRPORT PERMIT NON-SIGNATORY Air Transat A.T. Inc.
• • Non-Signatory Airline Oper.
Permit - Mo-to-Mo
STANDARD FORM #94-002 AGREEMENT #
CM Signed, 10-2 10-21-96
Non-Signatory Airline Operating Permit -
(Month-to-Month)
PALM SPRINGS REGIONAL AIRPORT
(Please Print of Type Information)
General Provisions
The City of Palm Springs, a municipal corporation ("City") hereby grants to the Permittee
hereinafter named, authority to operate as a non-signatory airline at the Palm Springs Regional
Airport ("Airport") upon all the terms and conditions in this Permit. This Permit is subject to the
following general provisions:
1. Permlttee: AIR TRANSAT A.T. INC.
FAX ( 514) 476-7925 Phone ( 514) 476-1011
2. Permittee'sAddress: 11600 CARGO ROAD A-1, MONTREAL INT'L AIRPORT
MIRABEL, QUEBEC J7N 1G9
3. Permittee's Representative: MR. HARRY HARRIS / AMR SERVICES
4. Permitted Use: Commercial air transportation of persons, property, cargo and mail "('Air
Transportation")
5. Hours of Operations: No scheduled jet operations between 2200 local and 0700 local
6. Rate and Charges:
A. Landing Fees: 125% of the signatory airline landing fees
B. Terminal Fees: Fee per emplaned passenger based on total number signatory
enplaned passengers for previous year divided in the total dollars paid by signatory
airlines for joint use Areas p iblic address maintenance, and waste disposal charges
times a factor of 125%.
C. Passenger Facility Charge: �3.00 per enplaned passenger.
D. Special Capital Projects: Fee per enplaned passenger based on signatory negotiated
dollar amount divided by previous year's total enplaned passengers.
E. Security: See Airline Committee. (Mandatory participation)
F. Skycaps: See Airline Committee. (Mandatory participation)
G. Handling: See Signatory Airline or FBO.
7. Commencement Date: NOVEMBER 2, 1996
8. Term: Month to Month.
Date: I I s 5 (o _ CITY 0 PALM SPRIN unicipal corporation
APPROVED AS TO FORM: By:
,a y Manager
Attest: -�_-�--
David J."Ateshire aty Clerk
City Attorney
PERMITTEE
By:
Title: DIRECTOR, GOVT. & REGULATORY AFFAIRS
e� R C U(' , T P
TERMS AND CONDITIONS
1. Rules and Regulations: All activities of Permittee pursuant to this permit shall be performed
in compliance with all applicable federal, state and local laws, ordinances and regulations.
2. Employee Parking: The Airport shall make available to Permittee's employees, assigned
duty at the Airport, reasonably adequate parking facilities. The Airport may, at its discretion,
charge a reasonable vehicle parking fee.
3. Payment of Fees:
A. Information to be Provided by Permittee. Permittee shall furnish to the City on or before
the tenth (10th) day of each month on forms to be supplied by City and signed by an
authorized representative of Permittee, for the preceding month reporting (1) the
number of enplaned passengers and deplaned passengers; (2) airline's total number
of fee landings by type of aircraft and certificated maximum landing weight of each
type of aircraft; (3) the weight of air freight, air-express, and air mail, loaded and
unloaded by airlines at the Airport; (4) the 30-day projected published flight schedule
for arriving and departing flights at the Airport, and (5) the number of seats per each
type of aircraft utilized.
B. Terminal rates and Charoes. Not later than the tenth (10) day of each month of each
fiscal year, City shall furnish Permittee with an invoice setting forth the amount of
Permittee's terminal rates and charges for the next ensuing month. Not later than the
first (1st) day of such next ensuing month, Permittee shall pay City an amount equal
to Permittee's total terminal rates and charges for such month.
C. Landing Fees. Upon furnishing City with the information described in section 3.A., City
shall forthwith fumish Permittee with an invoice setting forth the amount of landing fees
payable by Permittee for such preceding month, calculated by multiplying the total
approved maximum landing weight for Permittee's fee landings at the Airport during
such preceding month by the landing fee rate for such preceding month. Within thirty
(30) days after the date of such invoice, Permittee shall pay to City the amount of
landing fees set forth herein.
4. Late Charges: All fees and charges not timely received by City and within fifteen (15) days
after receipt by Permittee of a written notice of delinquency will bear a late charge equal to
five percent(5%) of the payment due and owing. If such rentals, fees and other 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(1 S%) per annum or the highest rate which
may be legally charges, whichever is lower, from the due date until paid in full.
5. Gate Allocation: By granting this Permit, "Permittee" is not obligated to provided aircraft gate
space. Permittee shall arrange gate space via signatory airlines or FBO's.
6. Indemnification of Airport: Permittee agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of 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 Permittee, its agents, employees, subcontractors, or
invitees, provided for herein, or arising from the use of the premises or the Airport by
Permittee or its employee and customers, or arising from the failure of Permittee 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 Agreement, unless caused by the sole negligence or wilful misconduct on the part of
the City, its officers, agents or employees, who are directly responsible to the City, and in
connection therewith:
A. Permittee will defend any action or actions filed in connection with any said claims or
Non-Signatory Airline Operating Permit Palm Springs Regional Airport
Page 2 at 5
liabilities and will pay all costs and expenses, including legal costs and attorney's fees
incurred in connection therewith;
B. Permittee will promptly pay any judgement 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 Permittee 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 is made a party to any action
or proceeding filed or prosecuted against Permittee 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 Permittee hereunder, Permittee 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.
7. Permittee Public Liability Insurance: Permittee 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, it
commissioners, directors, agents„ officers, and employees, from liability covered by the
indemnification provisions of this article. Without limiting its liability as aforesaid, occurrence
basis, with limits of liability for death, personal injury and property damage in a combined
single limit no less than Fifty Million Dollars ($50,000,000).
8. Worker's Compensation Insurance: Permittee shall, at the Permittee'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 Permittee and the City against any loss, claims or damage arising
from any injuries or occupational diseases occurring to any worker employed by or any
persons retained by the Permittee; in the Curse of conducting Permittee's business in the
Airport.
9. Permittee Insurance on Automobiles and Other Ground Vehicles. Permittee shall maintain
at its sole expense and cause to be kept in force at all times during the term of the
agreement, liability insurance in the form of primary and excess, or layered amounts of
insurance covering the operation of Permittee'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 ($25,000,000) for bodily industry and property damage
liability per any one occurrence.
10. General Provision Applicable to Permittee's Insurance. All of the policies of insurance
required to be procured by Permittee pursuant to this Permit shall (1) in a form and content
common to the industry and reasonable satisfactory to the City and written by insurers
satisfactory to City; be (ii) primary insurance; and shall (iii) name the City, its officers, agents
and employees as additional insureds to the extent of their indemnified interest. All of said
policies of insurance shall provided that said insurance may not be amended or canceled
without provided 30 days prior written notice by registered mail to the City. Prior to the
effective date or such earlier date as Airline commences service for any purpose; and at
least 30 days prior to the expiration of any insurance policy, Permittee shall provided City
with certificates or appropriate insurance binders evidencing the above insurance coverages
written by insurance companies acceptable to the City licensed to do business in the state
where the premises are located. In the event the Risk Manager of City ("Risk Manager")
determines that(1) the Permittee's activities in the premises creates an increase or decrease
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, Permittee agrees that
the minimum limits of any insurance policy and the types of insurance policies required to
be obtained by Permittee may be changed accordingly upon receipt of written notice from
the Risk Manager; provided that Permittee shall have the right to appeal a determination of
increase coverage by the Risk Manager to the City Council of City within ten (10) days of
Non-Signatory Airline Operating Permit Palm Springs Regional Airport
Page 3 of 5
receipt of notice from the Risk 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 Permittee's trade fixtures, equipment, personal property or
inventory arising from any risk generally covered by insurance against the perils of fire,
extended coverage, vandalism, of the parties, on behalf of their respective insurance
companies insuring such property of either Airport of Permittee against such loss, waive any
right of subrogation shall be operative only so long as available in California and provided
further that no policy is invalidated thereby.
11. Permittee 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.
12. Permittee for itself, its successors in interest and assigns, as a part of the consideration
hereof, does hereby covenant and agree:
A. That no person on the grounds of race, color, age, religion, sex, national origins, or
handicap shall be excluded from participation in or denied the use of Permittee's
operations;
B. That in the furnishing of services, no person on the grounds of race, color, age,
religion, sex, national origin, or handicap shall be excluded from participation in, denied
the benefits, of, or otherwise: be subject to discrimination; and
C. That Permittee shall use the Airport 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 21, Non-discrimination in
Federally-Assisted Programs of the Department of Transportation - Effectuation of Title
IV of the Civil Rights Act of '1964, and as said Regulations may be amended.
13. 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 Permittee
at the address set forth on page 1 of this Permit and to the City as follows:
Director of Transportation
Palm Springs Regional Airport
3400 East Tahquitz Canyon Way
Palm Springs, CA 92262
14. The Permittee shall promptly repair or replace any property of the Airport damaged by the
Permittee's operations hereunder. The Permittee shall not install any fixtures or make any
alterations or improvements in or additions or repairs to any property of the Airport except
with its prior written approval of the Director of Aviation.
15. Permittee shall not assign this Permit or any interest therein, without the prior written consent
of the City. Any assignment or subletting without the consent of City shall be void and
constitute incurable default hereunder.
16. The occurrence of any one of more of the following events shall constitute a default and
breach of this Permit by permittee: (a) the failure to pay any rental or other payment
required hereunder to or on behalf of City more that three (3) days after written notice from
City to Permittee that Permittee has filed to pay rent when due; (b) the failure to perform any
of Permittee'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 of Permittee which notice shall be deemed to be the statutory notice so
long as such notice complies with statutory requirements; (c) the making by Permittee of a
general assignment of Permittee located at the Airport or of Permittee's interest in the
Permit; (d) the filing by any creditor of Permittee of an involuntary petition in bankruptcy
which is not dismissed within sixty (60) days after filing; or (e) the attachment, execution or
Non-Signatory Airline Operating Permit Palm Springs Regional Airport
Page 4 of 5
other leasehold where such an attachment, execution or seizure is not discharged within
sixty(60) days. In the event of any such default or breach by Permittee's right to possession
thereunder.
17. This Permit may be terminated by either part, with or without cause, upon providing the other
party with thirty (30) days advance written notice.
18. 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 of Permittee 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 Permittee
agrees to submit to the personal jurisdiction of such court in the event of such litigation.
19. 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. Permittee acknowledges that no representations or warranties of any kind of nature
not specifically set forth herein have been made by City or its agents or representative.
Non-Signatory Airline Operating Permit Palm Springs Regional Airport
Page 5 of 5
• • AAA
WILLIS CORROON AEROSPATIALE VVV
l�� 2)
18 Boulevard IDlalesherbes, 75008 Fain
Telephone 1 44 51 10 64 Telex 282134 WILCORR F Fax 1 44 51 10 6
THIS IS TO CERTIFY TO: JAN 02 1997
Director of Transportation ((aP ���
Palm Springs Regional Airport
3400 East Tahquitz Canyon Way
Palm Springs, CA 92262
That hisurers, EACH FOR HIS OWN PART AND NOT ONE FOR THE OTHER, are
providing the following Insurance through Willis Corroon Aerospace of Canada Ltd.
INSURED:
AIR TRANSAT AND/OR TRANSAT A.T. INC. AND/OR SUBSIDIARY AND/OR ASSOCIATED
AND/OR AFFILIATED COMPANIES THEREOF.
TYPE OF INSURANCE:
Airline Liability Insurance covering the Legal Liability of the Insured to Passengers, Third Parties and
other as may arise out of their airline operations, all subject to the Policy terms, conditions, limitations,
exclusiaus and incorporating inter ilia Lloyd's Clauses AVN59, AVN60 and including Lloyd's Clause
AV.52C extended coverage endorsement with respect to War Risks.
LIMIT:
---ACoinbmed.Single_Lunitnatlass_tlian-IJ51 0.000. each accident/occurrence/aircraft and in the annual
aggregate products but personal injury(as per Clause AVN60)limited within the foregoing lunit to the
Can$equivalent of US$25,000,000 any one offence and in the annual aggregate.
AIRCRAFT INSURED:
All aircraft owned and/or operated by AIR TRANSAT.
POLICY PERIOD:
November 10, 1996, 12:01 a.m. LST to November 10, 1997, 12:01 a.m. LST.
SITUATION:
Worldwide.
INSURERS:
Subscribing Insurers and Underwriters at Lloyd's.
SPECIAL CONDITIONS WITH RESPECT TO:
Insurers acknowledge advice of the provisions of an Airport Utilization Agreement between Pahn
Springs Regional Airport and Air Transatun consequence of which it is understood and agreed that the
provision of said agreernent, the contents of which insofar as they relate to the coverage provided
herein are deemed to be incorporated herein.
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Sn(uae uronymc au capital de 500.000 F—APE 7aO2 Svn 3.41 303 089 00013—RCS Pnris B341 303 OB9
Siege Social 10 Boulevard Malcsherhes,75008 Paris
Garantie BnaaciAre it nssurance de iespe-ahrbtr civde profresonellc conforne-au:articles L530-1 et L530-2 du code des assurances 1
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FE0950602
• • N
AND
1. Insurers agree to waive any rights of subrogation they may have against Pahn Springs Regional
Airport but only to the same extent that Air Transat has agreed to waive its rights of
recovery/recourse.
2. Palm Springs Regional Airport and its members and all of their officers, employees and agents are
included as additional Insureds under all legal liability coverages with respect to liability arising
out of the,4ctivitie f the Narned Insured and the Insurers of such coverages agree that except for
the limits of liability the insurance shall operate as if there were a separate policy issued to each
Insured. The inclusion of more than, one Insured shall not operate to increase the limits of the
Insurers Liability.
3. The coverage as afforded by the legal liability coverages shall be considered primary without the
right of contribution fiom any other insurance which is carried or in the fidure may be carried by
Pahn Springs Regional Airport.
4. Provision has been made for Thirty (30) days notice to Pahn Springs Regional Airport in the event
of cancellation of the Policies by the Insurers. With respect to War Risk cover only, the notice
shall be seven(7) days or such lesser period as may be available in advance of cancellation except
that upon the detonation of a nuclear device or outbreak of war (declared or undeclared) between
any of the following States, namely United States of America, United Kingdom, France, The
Russian Federation,The People's Republic of China, cancellation is automatic.
Each of the Insurers has,individually, for its policy only, authorized the undersigned,who is not
an Insurer, to issue this Certificate on its behalf as a matter of convenience and as information
only. This Certificate does not amend the insurance coverage afforded, which at all times, will
be covered by the original policies as they may be lawfully amended by endorsement from time
to time.
ISSUED ON LF OF
WILLIS CO ON AEROSPACE OF CANADA LTD.
7Wthorized Representative
Dated in Paris, November 8, 1996
CERTIFICATE NUMBER: AT 096-102
WILLIS CORRO AEROSPATIALE
18 Boulevard Nalesherbes, 75008 Paris
TM phone t 44 51 10 64 Telex 282134 WILCORR F Fax 1 44 51 10 65
Director of Trwsportation
Palm Springs Regional Airport
3400 Tahquitz Canyon Way
Pabn Springs, CA 92262
USA
Paris,November 8, 1996
Re: AIR TRANSAT
Airline Liability Insurance
Dear Sir,
Please find attached a replacement Certificate of Insurance dated November 7, 1996 concerning the
above mentioned Insured for the period from November loth, 1996 to November loth, 1997.
Trusting this is to your satisfaction, we remain,
Yours truly,
ON THS
OF
WILR N AEROSPACE OF CANADA
Directeur
L ne divi,inn d, \[Ih.Cnrrunn Fmnrc S.A
Srri.16 anonym,— de 500.000 F—APE]BIIn_ Serer 3 11 303 089 00013—RCS Parr,B341 301 089
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THIS IS TO CERTIFY TO: Telephone. (514)842-9751
Pns (514)842-7334
Wehsite: w ..wilhs.oam
1I✓/� � y>�ln /sy,ty�aiL�iowillis.00in
Director of Transportation
Palm Springs Regional Airport
3400 East Tahquitz Canyon Way
Palm Springs, CA 92262
That Insurers, EACH FOR HIS OWN PART AND NOT ONE FOR THE OTHER, are
providing the following Insurance through Willis Corroon Aerospace of Canada Ltd.
INSURED:
AIR TRANSAT A.T. INC. AND/OR TRANSAT A.T. INC. AND/OR SUBSIDIARY
AND/OR ASSOCIATED AND/OR AFFILIATED COMPANIES THEREOF.
TYPE OF INSURANCE:
Airline Liability Insurance covering the Legal Liability of the Insured to Passengers,
Third Parties and other as may arise out of their airline operations, all subject to the
Policy terms, conditions, limitations, exclusions and incorporating inter alia Lloyd's
Clauses AVN59, AVN60 and including Lloyd's Clause AV52C extended coverage
endorsement with respect to War Risks.
LIMIT:
Combined Single Limit not less than $850,000,000. each accident/occurrence/
aircraft and in the annual aggregate products but personal injury (as per Clause
AVN60) limited within the foregoing limit to the Can$ equivalent of US$25,000,000
any one offence and in the annual aggregate.
AIRCRAFT INSURED:
All aircraft owned and/or operated by AIR TRANSAT.
POLICY PERIOD:
December 14, 2000, 12:01 a.m. LST to December 14, 2001 , 12:01 a.m. LST.
Willis Corroon Aerospace of Canada Ltd.
1130 Sherbrooke Street West,Suite 1500
Montreal,Quebec H3A 2MB
SITUATION:
Worldwide but excluding all countries subject to United Nations sanctions in
respect of War risks.
INSURERS:
L'Union Canadienne Cie d'Assurance per La Reunion Aerienne and Subscribing
Insurers.
SPECIAL CONDITIONS WITH RESPECT TO:
Insurers acknowledge advice of the provisions of an-Airport Utilization Agreement
between Palm Springs Regional Airport and Air Transat in consequence of which
it is understood and agreed that the provision of said agreement, the contents of
which insofar as they relate to the coverage provided herein are deemed to be
incorporated herein.
AND
1 . Insurers agree to waive any rights of subrogation they may have against Palm
Springs Regional Airport but only to the same extent that Air Transat has
agreed to waive its rights of recovery/recourse.
2. Palm Springs Regional Airport and its members and all of their officers,
employees and agents are included as additional Insureds under all legal liability
coverages with respect to liability arising out of the activities of the Named
Insured and the Insurers of such coverages agree that except for the limits of
liability the insurance shall operate as if there were a separate policy issued to
each Insured. The inclusion of more than one Insured shall not operate to
increase the limits of the Insurers Liability.
3. The coverage as afforded by the legal liability coverages shall be considered
primary without the right of contribution from any other insurance which is
carried or in the future may be carried by Palm Springs Regional Airport.
4. Provision has been made for Thirty (30) days notice to Palm Springs Regional
Airport in the event of cancellation of the Policies by the Insurers. With
respect to War Risk cover only, the notice shall be seven (7) days or such
lesser period as may be available in advance of cancellation except that upon
the detonation of a nuclear device or outbreak of war (declared or undeclared)
between any of the following States, namely United States of America, United
Kingdom, France, The Russian Federation, The People's Republic of China,
cancellation is automatic.
- 2 -
Subject to all other terms, limitations, exclusions, conditions and endorsements of
the Policy/ies remaining unaltered including but not limited to the Date Recognition
Exclusion Clause with Date Recognition Limited Coverage Clauses as agreed by the
Insurers.
Each of the Insurers has, individually, for its policy only, authorised the undersigned,
who is not an Insurer, to issue this Certificate on its behalf as a matter of
convenience and as information only. This Certificate does not amend the insurance
coverage afforded, which at all times, will be covered by the original policies as they
may be lawfully amended by endorsement from time to time.
ISSUED ON BEHALF OF — -- - —
WILLIS CORROON AEROSPACE
ri
Authorised presentative
Dated in Montreal December 8, 2000
CERTIFICATE NUMBER: AT058-00
-3 -