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HomeMy WebLinkAbout03451 - CANADA 3000 AIRLINE AIPORT PERMIT MO 5365 PA`"' SA�•2 City of Palm Springs Office of the City Clerk (760) 323-8205 • c'40FOWt4' MEMORANDUM Date: From: City Clerk I.,— r AGREEMENT# J ' d Please let us know the status of the above agreement, and if it may be closed. STATUS: COMPLETED: REMAIN OPEN UNTIL: Date & Initials CLOSE AGR ,-LI gnature 0 r PREMAIATERHOUSECCOPERS 0 l ° C,._..,r Pricewaterhowce bpers 145 King Sheet West Toronto Ontario Canada M511 1 V8 Telephone+l(416)869 1130 City Of Palm SpringsFacsimile+l(416)863 0926 Direct fax+1(416)941-8378 Office of the City Clerk 3200 Tahquitz Canyon Way Palm Springs, California USA 92262 August 14, 2002 Subject: Canada 3000 Airlines Limited Account,Permit#A3451 Dear Sus Canada 3000 Airlines Limited filed an Assignment on the 11 th day of November 2001 and Deloitte &Touche Inc. was appointed as Trustee in Bankruptcy. On the 301h day of November 2001, the Ontario Superior Court of Justice in Bankruptcy ordered that PricewaterhouseCoopers Inc. be substituted as Trustee in Bankruptcy effective December 3, 2001. The Trustee has determined that it is unlikely that there will be funds available for distribution to the ordinary and unsecured creditors. Therefore,please finalize and close the above account. If you require fin-ther information, please contact the writer at(416) 941-8383,Extension 66230. You may also check our web site at www.13wcglobal.com/brs-canada3000. Yours very truly PricewaterhouseCoopers Inc. Trustee of the Estate of Cann a�daa33000 Airlines Limited r''a " Donna Srhlth donna.smith(dca.owc alobal.com Canada 3000 Airlines Limited Non-Signatory Airline Operat- ing Permit - SF #94-002 AGREEMENT #3451 CM Signed M05365, 6-1-94 11-7-94 STANDARD FORM #94-002 Non-Signatory Airline Operating Permit (Month-To-Month) PALM SPRINGS REGIONAL AIRPORT (Please Print or 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 contained in this Permit. This Permit is subject to the following general provisions: 1. Perm ittee: 64,vAooq v`'Ooo xgeL,4S FAX 6 dry - p2S(p PHONE (A 2. Permittee's Address: .Z ,41SKcs✓ ��idc /�2a.�Tfl• 3. Permittee's Representative:_ _ Z04/,y / Ve 4. Permitted Use: Commercial air transportation of persons.property, cargoandmail ("Air Transportation") 5. Hours of Operations: No scheduled 'et 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 enplaned passenger based on total number signatory enplaned passengers for previous year divided in the total dollars paid by signatory airlines for iloint use areas, public 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: /V0✓emew /99y4 8. Term: Month to month. Date: Aldzem&e ✓/99 - �f&/ / P9— CITY 0 5PALIM SPRINGS a icipal corporation APPROVED AS TO FORM: U_ CitV Clatk DAVID J. L SHIRE PERMITTEE City Attorney Title: FP2,0V ILi B-.`+i TE Form 94-002 � S3� ^?),.ni� :. Page 1 of 5 iY �y Sys 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 (1Oth),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 airline 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 Charges. Not later than the tenth (10th) day of each month of each fiscal year, City shall furnish Permittee with an invoice setting forth the amount of Permittee's terminal rate's and charges for the next ensuing month. Not later than the first (1 st) 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 furnish 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 (3) 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 (18%) per annum or the highest rate which may be legally charged, whichever is lower, from the due date until paid in full. 5. Gate Allocation: By granting this Permit, "Permittee" is not obligated to provide 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 slave 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, of arising from the use of the premises or the Airport by Permittee or its employees 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 acts or omissions of Permittee hereunder, or arising from Permittee's negligent performance of or failure to perform Form 94-002 Page 2 of 5 �' • r any term, provision or covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: A. P&rittee will defend any action or actions filed in connection with any of said claims of liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; B. Permittee 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 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 or 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 to 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 attorneys' 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, its commissioners, directors, agents, officers, and employees, from liability covered by the indemnification provisions of this article. Without limiting its liability as aforesaid, Permittee 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 Fifty Million Dollars ($50,000,000). 8. Workers 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, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Permittee in the course 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 Dollars ($25,O0O,O0O) for bodily injury 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 (i) in a form and content common to the industry and reasonable satisfactory to the City and written by insurers satisfactory to the City; be (ii) primary insurance; and shall (iii) name the City, its offices, employees and agents as additional insureds to the extent of their indemnified interest. All of said policies of insurance shall provide 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 provide 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 (i) the Form 94-002 Page 3 of 5 Permittee's activities in the premises 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, 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 increased coverage by the Risk Manager to the City Council of City within ten (10) days of 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, 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 Permittee 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. 1 1 . 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 origin, or handicap shall be excluded from participation in or denied the use or 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 provisions 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 Aviation Palm Springs Regional Airport 3400 E 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 o;r 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 an incurable default hereunder. Form 4 9 -002 Page 4 of 5 16. The occurrence of any one or 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 than three (3) days after written notice from City to Permittee that Permittee has failed 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 to 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 X;<(d) the filling by any creditor of Permittee of an involuntary petition in bank uptcy which is not dismissed within sixty (60) days after filing; or (e) the attachment, execution or other judicial seizure of all or substantially all of the assets of Per ittee or Permittee's leasehold where such an attachment, execution or seizure is of discharged within sixty (60) days. In the event of any such default or breach by Permittee, City shall have the right at any time thereafter to terminate the Permit an Permittee's,right to possession thereunder. -Permit; VL✓, 17. This Permit may be terminated by either part, with or without cause, upon 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 this 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 or nature not specifically set forth herein have been made by City or its agents or representatives. Form 94-002 Page 5 of 5 r - - -- - - ----- - --- ------ ---- -- --- -- --SONS. - - II'PflODUCER "THIS CERTIFICATE IS ISSUED As A MATTER OF INFORMATION I` WILLIS CORROON ONLY A140 CONFERS NO RIGHTS UPON THE CERTIFICATE Corporation of Los Angeles HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXT E9D OR ALTER THE COVERAGE AFFORDED BY THE FOLIC9ES Ub L®V"V. pl 801 N.Brand Blvd +P.O.Box 29004 CIcodnle,C.hfornia 91209-9004 COMPANIES AFF®RDING_C©W ERAGE ----------' y _ ry I4 :818)543-7500a FAX(818)552-2031 COMPANY National Union Fire Insurance Co. I _A INSURED i COMPANY T i Canada 3000 Airlines Limited 5777 West Century Blvd. , S.100 COMPANY Los Angeles , CA 90045-0000 C COMPANY ' D 1' —__ - -.. e re-_r;AGE l� --- ------ 4, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD t INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II Lco TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIPdRS I DATE(MINDD/YY) DAYE(MII/DD/VV) I' GENERAL LIABILITY GENERAL AGGREGATE § LIABILITY PRODUCTS COMPIP AGO Is AL CJ CLAIMS MADE OMMERCIALERE OCCUR PERSONAL&ADV INJURY I $ 1 p` OWNER'S I CONT PROT EACH OCCURRENCE $ � II� FIRE DAMAGE(An,ene fire) $ _—_--- k N ____----_- ---.—.—_—� Any-re ) L �i ! (AUTOMOBILE LBILITV COMe NED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS Ir - BODILY INJURY SCHEDULED AUTOS (Per person) $ - - '1 jHIRED AUTOS BODILY INJURY ANON-OWNED AUTOS (Per modern) $ --"_i PROPERTY DAMAGE 5 (GARAGE LIABILITY .. i I AUTO ONLY-EA ACCIDENT $ fi ANY AUTO OTHER THAN AUTO ONLY ' EACH ACCIDENT $ AGGREGATE $ ; EXCESS LIABILITY EACH OCCURRENCE $ f, UMBRELLA FORM AGGREGATE $ I OTHER THAN UMBRELLA FORM y; OHKEINS__.— WORKERS COMPENSATION ANO j EMPLOYERS'LIABILITY STATUTORY LIMITS--- - - EACH ACCIDENT $ I ,000,000 I THE PROPRIETOR/ INCLDISEASE-POLICY LIMIT $ 1 OOO OOO A PARTNERS/EXECUTIVE WC245-7050 12/30/94 12/30/95 OFFICERS ARE EXCL DISEASE EACH EMPLOYEE $ 1_,000 a000-: _- _—.SINS—__ e OTHER - -_SONS I i i I DESCRIPTION PTION OF OPERAYIONS/LOCATIONSIVEHICLESISPECIAL ITEMS Ir CERTIFICATE[-SOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SEE ORE THE Ms. Kathy Wilson EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PSP Regional Airport - Admi n.Offi ce 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3400 E. Tahqui tz - Canyon Way BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PalmSprings , CA 92262 OF ANY KIND UP7N THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTIIORIZEDREPRE�4ENTATIVE �-------------------- _-- ACORD 25 S 3193 ,✓" r i->i� f F(�/j? � ©ACORD CORPORATiON'1993 NOV-25-94 FRI 13:40 CANADA 3000 MARKETING FAX NO. 6747579 P.02/02 WILLIS CORROOni AEROSPACE ZDSUR�1"_�'rrrrGa+T_L' �' R7pu Cei'Kwn Aekarpv+r••ri Gnudv 4imitr,t Tw,i is to Certify to* in Wuf :tT 2W MCM 2120 that the coverage retailed below is presently in force'- setto tsao xan<xe INS71RP17: GlKA➢A 3000 a.ntr,irrFc L1M1Tt7] 27 Fasken Drive 7H pimnefnl4l Pd2•Ynl Toronto, CTttarlo E•••l•�t•i1�•F3-N%y+ Canada IlPf L$C6 1tAt'L'; All ai=Aft omned and/or leased and/or operated by the Named Ta2ured. TYPE OF xNSOEArxE: Airline Legal Liability 1=X=@ including Aviation General Third Party Liability and Pxeml�cs Liability Jzu;=aace. F=CY At7. : AM430 L M'P(S) a VS$750,000,000 combined single Limit W me CCcu=ajca 'third Party Legal Liability in m4pect of Bodily Injury and Property Dzmag* including Passengeers. 2MytrbRTaL Lncr: Woridwide -: Iuding Iraq, forcer reprtiblics of Yugoslavia, Scmalla, Ethicga, 2aizv, Sudan, Libya, Af'gh=i&tan, Peru, Cambodia, .Angola, Eric2w and LIzeria. POLICY PER (p mvvembar 30, 1994 to NovemGQr 30, 1995 b = days at 1241 a.m. Uxal Standard T1me- SNS@ ZS: cbde:wriiters at L10yd's, Lcrdon and subscribing cmcanies. THIS TANSURXXX CERMUCATS IS ISSAD ON TM WRPSS cmZHsr wnvG .rum IT aZY CUUM M5 TtM COVVW� IN FORCE As OF 'D E DATE or ZME. IT MUST BE t=EPZ= Tw TH S LL^CUe1F m 1N x WAY WA1vrs TEE T&zMS, COtiIDITIDN9, MaTATICNB AND M' 1r'1cvs Oi' M ccV7R rr'E. wav CAWM- LXT1cM GF TLv T= DUMD= Lw=1=LY RPmnrz'_a NULL AAzw VDID. . ZLW1M: 77ovm4 a 22, 1994 Attthf'lS,iato• re5HlWive 30 'd E69CLIVOIC 'ON 1(dd S3NI 18Id 000E HOdN60 LE21 NOW 66-K-AON 6 9 Marsh Canada Limited 600 de Maisonneuve Blvd.West Montreal,Quebec 113A 3J3 514-285-5933 Fax:514-285-5166 Peter.Ireland@musli.com MARSH CERTIFICATE OF INSURANCE TO: CITY OF PALM SPRINGS Certificate No. ABC-AW842000/16 3460 East Tahquitz McCallum Way Date: December 15,2000 Palm Springs,CA 92262 USA THIS IS TO CERTIFY that as Insurance Brokers we have effected insurance with UNDERWRITERS AT LLOYD'S and CERTAIN INSURANCE COMPANIES on behalf of Named Insured: AIR CANADA REGIONAL INC., also carrying on business as Air BC Limited Address of Insured: 5520 Miller Road,Richmond,B.C.,V713 1L9 Period of Insurance: This Insurance is for a period of 12 months which expires at Noon Eastern Standard Time December 15,2001. Reference: Agreement between AIR CANADA REGIONAL INC. and City of Palm Springs. Coverage: Aviation Legal Liability including Premises and Operations Liability. Limit(s)of Liability: CANS100,000,000.any one occurrence. Territorial Limits : Worldwide. Special Conditions In accordance with the Agreement between AIR CANADA REGIONAL INC. and City of Palm Springs,the following insurance provision applies:- (i) City of Palm Springs is included as an additional Insured for their respective rights and interests and will receive protection from the policy in the same maimer as if there were a separate policy covering each Insured(subject always to the policy limit of liability). (ii) Policy is subject to Aviation Date Recognition Exclusion Clause AVN2000 amended by Date Recognition Limited Coverages Clauses AVN2001 and AVN 2002. THE ABOVE DESCRIBED COVERAGES ARE SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS. SEVERAL LIABILITY NOTICE The subscribing insurers'obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription ofany co-subscribing insurer who for any reason does not satisfy all or part of its obligations. MARSH EDP Peter S. Ireland Authorized Representative