HomeMy WebLinkAboutRES 84-061 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to execute a
contract with Carl Neukirch, Sr. , substantially in the form attached
hereto as Exhibit "A" , for parachuting activities at the Beaumont
Municipal Airport.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
_ 11712A41tl day of
1
Mayor -
F�XHIBIT "A"
SPECIALIZED AVIATION OPERATOR AGREEMENT
BETWEEN THE CITY OF BEAUMONT AND
Carl R_ N uk i rr-h , S Y
WHEREAS , Carl E. Neukirch, Sr. (hereafter referred to as
Lessee) would like to provide parachuting activities including train-
ing individuals for parachute jumping and providing aircraft for
parachute jumping at Beaumont Municipal Airport, and
WHEREAS, the City of Beaumont and Lessee desire to
formalize their arrangements for parachuting activities at Beaumont
Municipal Airport,
NOW, THEREFORE, THE CITY OF BEAUMONT and Lessee HEREBY
AGREE AS FOLLOWS :
1. That Lessee will be allowed to conduct and sponsor
parachuting activities at Beaumont Municipal Airport, and
2. That the conduct of all parachuting activities shall
be in accordance with written procedures and standards approved by
the Director of Urban Transportation.
3. That the City will not unreasonably deny any such a
request from Lessee, but will consider such factors as conflicting
activities at the Airport, other agreements for the use of airport
facilities, and other factors which relate to the Airport, and
4. That Lessee will obey all applicable Federal, State,
and local laws, ordinances, and regulations. Lessee further agrees
that he will not conduct parachuting activities at Beaumont Munici-
pal Airport unless the individual supervising the "drop zone" is a
Jumpmaster certified by the United States Parachute Association, and
5. - That Lessee will indemnify, defend, and hold harmless
the City of Beaumont, its officers , agents, and employees from any
and all liabilities, demands, actions, losses, damages and costs,
including all costs of defense thereof caused by or arising out of,
or any way related to Lessee' s use or occupancy of the Beaumont
Municipal Airport during the term of this agreement, arising out
or, or in any way related to operations conducted by Lessee including
claims, liabilities and actions based upon acts, omissions, or
negligence of the City of Beaumont, its officers , agents, and em-
ployees. Upon demand Lessee shall, at his expense, defend the City
of Beaumont, its officers, agents, and employees , through counsel
acceptable to the City of Beaumont, against any and all liabilities,
claims, demands, actions, losses, damages and costs, and
6. That the City of Beaumont shall have the right to
terminate this agreement for cause. Notice of termination shall
be sufficient if mailed to the last known address of Lessee. That
the sponsor shall have the right to terminate this agreement if he
deems it in his best interest to do so. Notice of cancellation to
the City will be sufficient if mailed to : City of Beaumont, Transpor-
tation Department, P. 0. Box 3827, Beaumont, Texas 77704 .
7. That Lessee shall carry a minimum of $300 ,000 bodily
injury, $150, 000 passenger liability, and $100 , 000 property damage
liability insurance. All policies shall name the City of Beaumont
as a named insured and shall contain a minimum of ten days notice
of cancellation clause. A copy of the insurance policy or certi-
ficate of insurance showing that said insurance is in force shall
be furnished to the City of Beaumont. That Lessee will not allow
aircraft other than those meeting the insurance requirements listed
above to be utilized for parachuting activities he sponsors unless
such aircraft shall first' .be covered by the above insurance cover-
ages and limits for the duration of their use for parachuting acti-
vities at Beaumont Municipal Airport, and
8. That Lessee will insure proper cleanup of the area or
areas utilized at Beaumont Municipal Airport for parachuting acti-
vities upon the completion of each day of parachuting activities,
and
9 . That Lessee will pay to the City, in return for the
right to conduct parachuting activities at Beaumont Municipal Air-
port, the sum of twenty-five dollars ($25. 00) .
10. That this agreement shall commence upon the date of
its execution and payment .of $25. 00 and shall be in effect for a
period of one year thereafter, . and
11. That Lessee and the City of Beaumont agree that they
each will be bound by the terms and conditions as stated herein, and
12. That Lessees rights under this agreement are non-
transferable.
1984
Duly executed this day of
,
Karl Nollenberger, City Manager